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HomeMy WebLinkAboutMINUTES - 06211994 - 1.17 T CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA JUNE 21, 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 Fj:.. Amount: Unknown Section 913 and 915.4, please not 11 G°wae,iif g, ' CLAIMANT. CMTM, Richard L. � 1 24 � ATTORNEY: COUNTY COUNSEL Date received MARTINEZCAL4F. ADDRESS: P.O. Box 3283 BY DELIVERY TO CLERK ON June 6, 1994 Antioch, CA 94531 BY MAIL POSTMARKED: June 2, 1994 Certified Mail 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. QQHHIL BATCHELOR, Clerk DATED: 9 /In II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) This claim complies substantially with Sections 910 and 910.2. (r-'O)* This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: ��' '' i / BY: �i Deputy County Counsel t III. FROM: Clerk of the,Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARDS ORDER: By unanimous vote of the Supervisors present (✓) This Claim is rejected in full. ( ) Other: i I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: L �g� PHIL BATCHELOR, Clerk, By Off. , ) , Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately, *For additional warnino see reverse side of this notice. AFFIDAVIT OF MAILING. I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: 'a. BY: PHIL BATCHELOR .by —kJ l "1rLa, �, Deputy. Clerk CC: County Counsel County Administrator I� . OFFICE OF COUNTY COUNSEL DEPUTIES: i• , CONTRA COSTA COUNTY PHILLIP S. ALTHOFF i SHARON L. ANDERSON ANDREA W. CASSIDY COUNTY ADMINISTRATION BUILDING VICKIE L. DAWES -O P.O. BOX 69 MARKS S. ESTIS MARTINEZ, CALIFORNIA MICHAEL D. FARR VICTOR J. WESTMAN 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 June 7, 1994 VALERIE J. RANCHE DAVID F. SCHMIDT DIANA J. SILVER VICTORIA T. WILLIAMS NOTICE OF INSUFFICIENCY AND/OR NON-ACCEPTANCE OF CLAIM TO: Richard L. Carter P.O. Box 3283 Antioch, CA 94531 RE: CLAIM OF: Richard L. Carter Please Take Notice as Follows : The claim you presented against the County of Contra Costa or District governed by the Board of Supervisors fails to comply substantially with the requirements of California Government Code Section 910 and 910 .2, or is otherwise insufficient for the reasons checked below: [ ] 1 . The claim fails to state the name and post office address of the claimant. [ ] 2 . The claim fails to state the post office address to which the person presenting the claim desires notices to be sent. [ ] 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 1 amount of any prospective injury, damage or loss so far as known, or the basis of computation of the amount claimed. If the amount claimed exceeds ten thousand dollars ($10,000) , the claim fails to state whether jurisdiction over the claim would rest in municipal or superior court. [ ] 6 . The claim is not signed by the claimant or by some person on is behalf . [xx] 7 . Other: The claim is satisfactory other than there is no statement of the amount of damages claimed. To assist you in filing your claim, you should provide an estimate of the repair cost and attach it to the formal claim. I have enclosed a copy of the proper form to be filled out to make a formal claim. Please fill in all boxes and then send it for filing at the Clerk of the Board of Supervisors office at 651 Pine Street, First Floor, Martinez, CA 94553 . VICT R J. WESTMAN, County Counsel By: Deffiuty County CoUnsel CERTIFICATE OF SERVICE BY MAIL (C.C.P. S§ 1012, 1013a, 2015.5; Evidence Code SS 641, 664) I declare that my business address is the County Counsel's Office of Contra Costa County, 651 Pine Street, Martinez, California 94553; I am a citizen of the United States, over 18 years of age, employed in Contra Costa County, and not a party to this action. I served a true copy of this Notice of Insufficiency and/or Non- acceptance of Claim by placing it in an envelope addressed as shown above, sealed and postage fully prepaid thereon, and thereafter was, deposited this day in the U.S. Mail at Martinez, California. I certify under penalty of perjury that the foregoing is true and correct. Dated: June 4a, 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) j S � I } F � Y t • .ter i J � � r � SIL- �w s h+ Q Q 'L «- r •lu► s June 02, 1994 RECEIVED R4: Contra Costa. County 651 Pine Street JUN - 6 M Martine, California 94553 Vit;F;c)Ai®OF SUPERVISORS COSTA CO. Attn: Liability Claim department Re: Damage from potFole Dear Sir: On May 23, 1994 at approximately 0545, we were westbound on Hwy. 4. We exited the highway at Bailey Road. After turning left on to Canal Road, traveling towards Bailey Road, we experienced a tremendous jarring as our passenger-side wheels fell below and regained the ',road surface- Upon looking at the roadway we discovered a pothole extending from the right-hand shoulder of the road approximately 3 feet into the lane in which we were traveling, and 6 to 10 inches deep. Since this time, we have been experiencing problems with our vehicle that are getting more severe daily. This is our only transportation to and from work and being un f amiCiar with themechanics of an automobile, I fear its safety has been. compromised. We need this vehicle repaired and feel the County is responsible for payment as the damages were caused by neglecting to repair this road pothole in a timely manner, or marking its presence in some way. Please advise the steps that need to be taken. Time is of the essence. Sincerely ichard L. Carter PO Box 3283 Antioch, CA 94553 (510)779-0191 CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA JUNE 21,1994 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 �, ts"��ection Paragraph IV below), given pursuant to Government Code Amount: $13,608.91 "'' } � 913 and 915.4. Please note all "Warnings". CLAIMANT:Calmat Co. JUN 0 3 1WO94 -OLINTY CoUNSEL ATTORNEY'Benjamin A. Johnson M ARTINEZCALIF. Quadros & Johnson Date received ADDRESS: 1400 Fashion Island Blvd., #800 BY DELIVERY TO CLERK ON Jame 3, 1994 San Mateo, CA 944404 BY MAIL POSTMARKED: June 2, 1994 i I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PPHH gg nn DATED: w.nR� 3 9 BYIL DeputyLOR, Clerk II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) This claim complies substantially with Sections 910 and 910.2. �► ( V) 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: 1-t � �, i � � �.5 �-e ��-� 0 Dated: e7 1 BY: Deputy County Counsel i III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present ( ✓) This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: ;t PHIL BATCHELOR, Clerk, By , , �A� �Qao Deputy Clerk i -- WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For additional warnina see reverse side of this notice. , AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over- age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a, certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: �T q� BY: PHIL BATCHELOR by arl QQ Deputy Clerk CC: County Counsel County Administrator OFFICE OF COUNTY COUNSEL DEPUTIES: CONTRA COSTA COUNTY PHILLIP S. ALTHOFF ,..:. i SHARON L. ANDERSON ANDREA W. CASSIDY COUNTY ADMINISTRATION BUILDING VICKIE L. DAWES 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 June 3, 1994 VALERIE J. RANCHE DAVID F. SCHMIDT DIANA J. SILVER VICTORIA T. WILLIAMS NOTICE OF INSUFFICIENCY AND/OR NON-ACCEPTANCE OF CLAIM TO: Benjamin A. Johnson Quadros & Johnson 1400 Fashion Island Blvd. #800 San Mateo, CA 94404 RE: CLAIM OF: Calmat Please Take Notice as Follows : The claim you presented against the County of Contra Costa or District governed by the Board of Supervisors fails to comply substantially with the requirements of 'California Government Code Section 910 and 910 .2, or is otherwise insufficient for the reasons checked below: [ ] 1 . The claim fails to state the name and post office address of the claimant. [ ] 2 . The claim fails to state the post office address to which the person presenting the claim desires notices to be sent. [xx] 3 . The claim fails to state the date, place or other circumstances of the occurrence or transaction which gave rise to the claim asserted. [ ] 4 . The claim fails to state the name(s) of the public employee(s) causing the injury, damage, or loss, if known. [ ] 5 . The claim fails to state whether the amount claimed exceeds ten thousand dollars ( $10,000) . If the claim totals less than ten thousand dollars ($10,000) , the claim fails to state the amount claimed as of the date of presentation, the estimated amount of any prospective injury, damage or loss so far as known, or the basis of computation of the amount claimed. If the amount claimed exceeds ten thousand dollars ( $10,000) , the claim fails to state whether jurisdiction over the claim would rest in municipal or superior court. [ ] 6 . The claim is not signed by the claimant or by some person on is behalf. [xx] 7 . Other: The claim is not sufficient enough to provide a basis for investigation. We need the following information: 1 . The name of the surety. 2 . The bond number. 3 . The name of the developer for whom the work was done. 4 . The subdivision name or number. 5 . The name of the road or a detailed description of the location of the project. VICTOR J. WESTMAN, County Counsel By: '01 D q6dut Cou ty Co un el CERTIFICATE OF SERVICE BY MAIL (C.C.P. §§. 1012, 1013a, 2015.5; Evidence Code §§ 641, 664) I declare that my business address is the County Counsel's Office of Contra Costa County, 651 Pine Street, Martinez, California 94553; I am a citizen of the United States, over 18 years of age, employed in Contra Costa County, and not a party to this action. I served a true copy of this Notice of Insufficiency and/or Non- acceptance of Claim by placing it in an envelope addressed as shown above, sealed and postage fully prepaid thereon, and thereafter was, deposited this day in the U.S. Mail at Martinez, California. I certify under penalty of perjury that the foregoing is true and correct. Dated: June '(c, 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) Claim 1o: 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 Sec. 72 at the end of this Tom—. RE: Claim By ) Reserved for Clerk's filing stamp CALMAT CO. ) RECEIVED Against the County of Contra Costa ) JUN - 31994 or ) District) CLERK BOARD OF gl{PERVISORS Fill in name ) Li corvrc�A cos�A co. The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ 1 -A 6ng ql and in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact date and hour) December 31 , 1993 2. Where did the damage or injury occur? (Include city and county) Walnut Creek, Contra Costa County 3. How did the damage or injury occur? (Give full details; use extra paper if required) County failed to obtain payment bond from R&E Construction, Inc. on Contract No. RE '112/Project No. 4871 that complies with Government Code sections 3247-3252 . Surety was not admitted in California. a u. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? Failed t o investigate/ determine that Surety that issued payment bond was licensed in state to do so. (over) Katherine M. Quadros QUADROS & JOHNSON Benjamin-A. Johnson Attorneys at Law Denise Trani-Morris 1400 Fashion Island Boulevard 11726 San Vicente Boulevard Leslie AEberhardt Suite 800 Suite 550 Of Counsel San Mateo, California 94404 Los Angeles, CA 90049 Arthur L. Hillman Telephone (415) 377-4300 Telephone (310) 826-4400 Telecopier (415) 573-1387 June 2, 1994 TO: Clerk, Board of Supervisors DATE: June 2, 1994 Room 106, County ! Administration Building RE: Calmat Co. v. R&E 651 Pine Street Construction, Inc. , et al. Martinez, CA 94553 CASE NO. : _X_ Please file 'enclosure(s) . _X_ Return endorsed/filed copy(ies) to this office. X Stamped, self-addressed envelope enclosed. Check enclosed for $ Please issue original summons and return to this office. Please execute and return endorsed/filed copy(ies) to this office. .'Record and return to this office. Set for hearing on Certify copies. Publish and ,send affidavit of publication. Enclosed for your information. ENCLOSURES: CLAIM TO BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Leanne Castlebe J For Quadros & Jo on Our File No. : 13577.2 aw aa4a». i , �—�— � � cn cn lj,j|j. . /� . «/ A� �=t }� ~ � P \ N; cn cr. u � � q , w � o \ q 2a \ O R . U ƒ \ 74 � k \ f \ , cn � \ mt � Ln � Eco L � ? b� 0 # c $ oO & a � Jg ■ aU RU � k ƒ 7 PQ /o ,-4 4P4 F4 WR3 & q? m� CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA JUNE 21, 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: Unknown Section 913 and 915.4. Please note all '`Warn ngst�;� ,' =� ' CLAIMANT:GORDON, Jackie; JENKINS, Darmika; JENKINS, Tanika; SWAN, David. JOHNSON, Dashinike; PRATHER, Dexter J U N 0 �, a' ATTORNEY: Offices of Robert BelesOU TINEZOAL{FL 1 Raiser Plaza, Ste. `1750 Date received ADDRESS: Oakland, CA 94612 BY DELIVERY TO CLERK ON JUNE 6. 1994 BY MAIL POSTMARKED: June 3, 1994 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. BHil DeputLOR, Clerk DATED: y \ Q�-111 ) II. FROM: County Counsel TO: Clerk of the Board of Supervisors (V"') This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: JU.4��, BY: �. Deputy County Counsel U f III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present ( J ) This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: PHIL BATCHELOR, C1erk, By, . ,v QQa,,," Deputy Clerk WARNING (Gov, code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For additional warning see reverse side of this notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: - - '��. \�q�- BY: PHIL BATCHELOR by / Deputy Clerk CC: County Counsel County Administrator ROBERT J. BELES ATTORNEY AT LAw PHONE (510) 8384100 THE ORDwAY BUILDING 1 KAIsEB PLAZA, SUITE 1750 FAX (510) 832-3690 OAKLAND, CALIFORNIA 94612 1RECENED ,M ' Contra Costa County Probation Department - 61 c/o Clerk, Board of Supervisors 651 Pine Street CLERK BOARD OF SUPERVISQRS Martinez, California CONTRA COS A Co. CLAIM FOR DAMAGES Claim against: Contra Costa Probation Department,unknown officers and agents of Contra Costa Probation Department Claimant's Name: Jackie Gordon, Darmika Jenkins, Tanika Jenkins, David Swain, Dashinike Johnson, Dexter Prather Claimant's Address: 929 Triangle Court, Richmond, California 94801 Address to which notic- c/o Law Offices of Robert Beles es are to be sent: 1 Kaiser Plaza, Suite 1750 Oakland, California 94612 Tel. (510) 836-0100, fax (510) 832-3690 Date of Incident: March 10, 1994 Location of Incident: 929 Triangle Court, City of Richmond, County of Contra Costa, California. Description of Incident: On March 10, 1994, at about 7:00 A.M., Jackie Gordon's teenage daughters Darmika (15) and Tanika (13) woke up and prepared to go to school. Jackie Gordon woke up and prepared to go to work and wake her seven year old son David up. Suddenly, the three heard an extremely loud crashing at the front door. Then, with a splintering of wood, the door new open and a squad of heavily armed people stormed into Jackie's home, screaming "Probation Raid!" The squad rounded up the family atgunpoint. One of the guns even had a Terminator-style laser gunsight attached to it. The officer holding the laser-sighted gun deliberately shone the red laser light into the faces of the Gordon family, which is dangerous since laser light can damage a person's eyes. The officers were screaming, jerking their arms nervously, cocking their guns, pushing the muzzles of the guns into the family members' faces, twitching their fingers on the triggers, and generally acting in an extremely dangerous and irresponsible manner. The shouting of the a - 1 -_ , officers and clicks of the guns was accompanied by the terrified wailing of a twelve-month old infant, Dashinike Johnson, who the officers callously left in its crib to cry pitifully. Several officers remained to guard the family, which they did with drawn guns dangerously pointed at various family members. They handcuffed Jackie's boyfriend, Dexter Prather, but continued to point and jerk their guns at him. The rest of the squad ransacked the home, throwing everything everywhere, looking in places to small to hide a probationer, like drawers, and even unscrewing panels from the walls, as if the family had a probationer trapped behind,the wall. Of course, the frustrated officers found nothing but the innocent possessions of the humble Gordon family. Jackie repeatedly begged the officers to tell her what was going on. The officers' response was shouts of "Shut up" and further gun gestures. Finally, the unwelcome guests stamped out, Detective Hugel rudely throwing down his business card and grumbling something about a wrong address. As a result of the visit,by the Richmond police, the family has suffered extreme emotional distress and mental anguish, and are constantly fearful and watchful of every little noise at the front door. Their entire';sense of security has been shattered by the incident. The children have constant nightmares and' sleep with the lights on. Torts Committed: Unknown officers andii agents of Contra Costa County Probation Department: Unlawful warrantless entry into private dwelling, unlawful search and seizure, invasion of privacy, false imprisonment, assault and battery, intimidation, intentional/negligent infliction of extreme emotional distress and mental anguish, negligence in providing wrong information to the Richmond police department, authorization of and complicity in illegal warrantless entry and unlawful search, negligent and intentional failure to control and supervise search team. general negligence, denial of civil rights. Contra Costa County ,Probation Department: Respondeat superior liability, negligence in providing wrong information to the Richmond police department, negligent supervision, hiring, training, and placement of unknown officers and agents of Contra Costa Probation Department, authorization of and complicity in illegal warrantless entry and unlawful search, negligent and intentional failure to control and supervise search team. Damages Incurred: Pain and suffering, worry, humiliation, inconvenience, denial of liberty, denial of civil rights, extreme mental anguish and emotional distress, punitive damages for such outrageous conduct, other damages not yet known. 2 - ~ Officials, employees, and agents causing damages: Unknown officers and agents of Contra Costa Probation Department. Itemization of claim: Specials presently unknown Generals In excess of $25,000, Superior court to have jurisdiction Attorney's fees presently unknown Total In excess of $25,000, Superior court to have jurisdiction Signed by or on behalf of o ert D. Byers claimant: Attorney for Claimant Dated: Friday, May 27, 1994 - 3 - YtlYYYYydlldb a, CQ t r� l 1111 c1; Cj `i�8 c� •Ott � Noo� Jq K N C � N GC `.c. ty„ N n ,N D 1 O PA �, N a q M G'> 4•t m c .0v -Irl - c ox N ;.{ cci V•w .� s� ,.0 0 U w o A Fa a p PA �C, � oWa W � Ul W H N O t CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA June 21, 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: UrdMOVII Section 913 and 915.4. Please note Call "Warn gs, CLAIMANT-CREENSLADE, Robert B. J ATTORNEY: COLIN`PY COUd1SEL LEB. Date received MARTfNEZ CA ADDRESS: 1177 Conejo Way BY DELIVERY TO CLERK ON June 3, 1994 Walnut Creek, CA, 94596 BY MAIL POSTMARKED: Hand Delivered 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PHIL BATCHELOR, Clerk A � n DATED• _ 811: Deputy -J 0A ,o V 0., 11. FROM: County Counsel TO: Clerk of the Board of Supervisors (Y/) 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: 14 Dated: � . BY: Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present This Claim is rejected:`in full. ( ) Other: I certify that this is..a true and correct copy of the Board's Order entered in its minutes for this date. Dated: 1 PHIL BATCHELOR, Clerk, By ki C„tea_,Q���> , Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you 'have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For additional warnina see reverse side of this notice. AFFIDAVIT OF MAILING I declare under penalty of perjury 'that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. n Dated: q BY: PHIL BATCHELOR by , , l �, , ��[�.a Deputy Clerk CC: County Counsel County Administrator Robert B. Greenslade dj 1177 Conejo Way nRECEIVED Walnut Creek, California 94596 Telephone: (510) 932 0966 In Pro Per n1 CI.ER —BoAWD OF CONTRA COSTA SUPERVISORS In the Matter of the Claim of: ) Robert B. Greenslade ) CLAIM FOR DAMAGES Claimant, ) vs. ) CONTRA COSTA COUNTY, ) and DOES 1 THROUGH 25 inclusive. To Board of Supervisors'of Contra Costa County: 1. You are hereby notified that Robert B. Greenslade, whose address is 1177 Conejo Way, Walnut Creek, California, 94596 claims from Contra Costa County damages under the jurisdiction of the Superior Court of The State of California. 2. The post office address to which claimant desires notice of this claim to be sent is: Robert B. Greenslade, 1177 Conejo Way, Walnut Creek, California, 94596. 3. The claim is based on the following circumstances: 4. On 10-18-85 a Misdemeanor Complaint was filed by the District Attorney of Contra Costa County. (Exhibit 1)'. 5. The Court docket number was 89291-9. 6. Claimant was found guilty by jury on 9-3-87. 7. Claimant appealed the guilty verdict to the Superior Court which upheld the conviction. Page 1 of 3 8. Claimant's application for Habeas Corpus was granted October 17, 1989 and the Writ was signed August 22, 1990 by Judge Richard E. Arnason and issued Nunc pro tunc to October 17, 1989. (Exhibit 2) 9. The Court commanded numerous entities named in the Writ including "the Honorable Douglas Cunningham, Judge of the Mt. Diablo Municipal Court, ... , the District Attorney of Contra Costa County, California, :.. and to any other person now or in the future who restrains or intends to restrain the liberty of petitioner Robert B. Greenslade based upon Municipal Court Docket No. 89291-9" ... "to seal and destroy, or cause to seal and destroy, all records in your possession arising out of the above Municipal court prosecution, including notifying all persons or entities to whom you or our agents l have entrusted or communicated an information or record in a tangible Y YY g form, including electronic data storage; and further, to show this Court within 90 days of receipt of this writ, when and how compliance with this writ will be had. 10. On March 26, 1991 claimant was charged with a federal misdemeanor case number CR 910133 MAG. 11. On or about January 6, 1994 claimant was given the government's discovery which showed they received 53 pages from the Municipal Court case referenced above 12. A letter from Municipal Court deputy clerk, K. Antunez, dated August 17, 1993 indicated that they have no procedure to abide by the Superior Court's Writ mandating the sealing and destroying of all documents and information. (Exhibit 3) 13.Assistant United States Attorney, Paul Krug, informed claimant's counsel that the Mount Diablo Municipal Court records and information were important elements that entered into the government's decision to prosecute claimant because the records showed he had been convicted of a State crime similar,to the alleged federal crime. Page 2 of 3 14.Mr. Krug also informed claimant's counsel that Mount Diablo Municipal Court records and information, government's exhibit No. 20, would be introduced as evidence to established intent for the alleged federal crime. (Exhibit 4) 15.Mr. Krug has stated in open court that he has discussed all the details of Case No. 89291-1 with the prosecuting attorney, Peter Bonis, of the Contra Costa County District Attorneys Office. 16.As of the date of the'filing of this claim it appears that none of the named Contra Costa County Agencies has complied the Court's Order. 17. Claimant has been damaged to the extent that he has spent three years of his life defending against a federal charge that claimant alleges would not have been brought had the Municipal Court records and information not been available. 18. Claimant has been further damaged in that the federal government continues to use the records and information against him. 19. Claimant does not know the names of the public employee or employees, or entity or entities, who are responsible for the condition(s) which caused the damage and therefore designates said employees and entities as Does 1. through 25. :I 20.Mr. Krug, in open court, alleges that he has not been notified by any of the named Contra Costa County agencies. . DATED: May 31, 1994 Y46�\— Robert B. Greenslade, Claimant Page 3 of 3 Office of District x�f'" rhey : Contra. Gary T. Yancey District Attorney, CentraVEastam CUSta Awa,Jperations Division 3024 Willow Pass Road County :. :om.:. C� Concord, California 94519-2577 OCT 2.1 1985 Robert B. Greenslade 431 N. Buchanan Circle, #6 Pacheco , CA NOTICE TO APPEAR IN COURT Dear Mr. Greenslade: This is to advise you that a misdemeanor complaint has been filed against you for the violation of §_ 6071 R&T,. § 6452 R&T, § 6454 R&T You ate hereby directed to personally appear at MT. DIABLO MUNICIPAL COURT 1950 Parkside Drive, `Concord, CA on — �j ,at o' c occ to answer" to the above charges . If you fail to personally appear as directed, a warrant will be-. forwarded to an officer for your arrest. 'Do not communicate with this office as the matter is now under the jurisdiction of t e court. Very truly. yours , GARY T. YANCEY THEE-FOREGOINC 1 District Attorney CORRECT COPY NSTRPMENT IS A ON FILE IN THIS OFFICE E ORIGINAL DATE: � 1 NOV 21 1985 ��q, �J MUNICIPAL CDU � MT �� ' COUPAL OF CRT of CALIFO gQlo i1 OSE MARIN/j g MT OIAB JUOIC!RgCOST, � � Deputy District Att/0, e R. AL OIS n Fir' • D 1 AUG 2 3 1990 2 S.L. WEAR 7u t CI ry .d 3 er ca eputr 4 5 6 7 R IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE COUNTY OF CONTRA COSTA 10 11 In re ROBERT B. GREENSLADE, NO. C89-03543 12 Petitioner, ORDER 13 On Habeas Corpus. [Municipal Court / No. 89291-9] 14 15. Petitioner ' s Application for Habeas Corpus , having 16 duly come on for hearing, and after argument by counsel was 17 heard, this Court by Minute Order dated October 17 , 1989 granted 18 the Writ. The error below was not harmless. See Carella v. 19 California,' 491 U.S. , 105 L.Ed. 2d 218, 221-222, 20 109 S . Ct. 21 The Clerk of the Court is therefore ordered to issue 22 the Writ forthwith. This Order shall be deemed effective nunc 23 pro tunc to .October 1.7, 1989 . 4 V SO ,RE IN CH RS. 25 > � DATED 27 GiY RICHARD E. ARNASON 2R JUDGE OF THE SUPERIOR COURT 29 30h�b�� :31 1 2 3 4 5 6 7 8 IN1THE .SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE COUNTY OF CONTRA COSTA 10 11 In re ROBERT B. GREENSLADE, NO. C89•-03543 12 Petitioner, WRIT OF HABEAS CORPUS 13 On Habeas Corpus. [Municipal Court / No. 89291-91 14 15 THE PEOPLE ',OF THE STATE OF CALIFORNIA TO: 16 The Honorable Douglas Cunningham, Judge of the Mt. 17 Diablo Municipal Court, the California Department of Justice, 18 the Federal Bureau of Investigation, the District Attorney of 19 Contra Costa County, California, the Sheriff ' s Department of 20 Contra Costa County, California , the Contra Costa County, 21 California; Probation Department, the California Board of 22 Equalization and to any other person now or in the future who 23 restrains or intends to restrain the liberty of petitioner 24 Robert B. Greenslade based upon Municipal Court Docket No. 25 89291-9 , Contra Costa County, California. 26 Whereas, by an Order of this Court in the above 27 proceeding .entered on October 13 , 1989, it was ordered that a 28 Writ of Habeas Corpus be issued and directed to you. 29 We command you, and each of you who restrain the 36 liberty 'of �petitioner, as it is said, to seal and destroy, or 31 cause to seal and destroy, all records in your possession 32 arising out of the above Municipal Court prosecution, including I notifying all persons or entities to whom you or your agents 2 have entrusted or communicated any information or record in a 3 tangible form., including electronic data storage; and further, 4 -to show this Court within 90 days of receipt of this writ, when 5 and how compliance with this writ will be had. 6 BY ORDER OF THE COURT. 7 Attesting hand and the seal of this Court, 8 ,. 1990. 9 10 STEPHEN L. WEIR Q,jk\on Co 9�9 CLERK OF THE SUPERIOR COURT 1112 `-x• • `1 • �.[ 13 /y; o e Deputy Clerk 14 G 15 �a 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 August 17, 1993 Mount Diablo Municipal Court 1950 Parkside Dr. Concord, CA 94520 To Whom It May Concern: I have a question. Do you keep a log of all persons who obtain certified copies of documents from case files? Sincerely, Robert Greenslade 1177 Conejo Way Walnut Creek, CA 94596 MT. DIABLO MUNICIPAL COURT 1950 PARKSIDE DRIVE CONCORD, CA 94519-2500 (510) 646-5415 August 17 , 1993 Robert Greenslade 1177 Conejo Way Walnut Creek, CA' 94596 Dear Mr. Greenslade: In response to your question "Do you keep a log of all persons who obtain certified copies of documents from case files?" , the answer is "no" , we do not keep a log. K. Antunez , Deputy Clerk OF THE STATE OF CALIFORiAA .`1 _ {' ls-L*jDE ROBERT B aUCHAN'AN CIR-6 - CA s 3 0 /21 /25 .,�*� _ _. .., 1. -sw�+_a ...✓ may.�Z •AYY y T _ p•1 1 Y ....ti `.�_ q,�f,�n �r 4 � n ' CZA F--------------------------------------------------------------------------- TE CHARGES �. .� ...--_—__-------------------------------------------------------------------- ' 118'f85 : COMPLAINT FILED, SWORN TO BY MCCULLOUGH 99 CHARGING DEFENDANT (S) y KITH HAVING CO. MITTED ON OR ABOUT Or-/20/64 A MISDEMEANOR TO WIT: A VIOLATION OF SEC-TION(S) ` 1 R&T 6071 SELLERS PERMIT WAS REVOKED ' a 2 R&T 6452 REFUSE TO FILE SALES TX RETURN : . "".AWr. : 3 R&T 6454 FAIL TO REMIT SALES TAX DUE {" • ---------------- ------------------------------------------------- JUDGE PROCEEDINGS ------------------------------------------------ SET FOR ARR ON "11/18/85 AT 9: 00 'r .. • • -------------------------------------------------------- ��NN • a ----- ---------- ---r"_ ----------------------------- t- OPA1 ht rORrGJf=VG 1 r$- CORRECT C?Pv +R+JMcNT IS q AGN FILE IN THIS O THE 0�7IGUVAL MT, DIA9l£? • 4 _ _—_ -------------------------------- AUG . �' '�� pls C��,4•� G01 L'G!LC G.v�� �= • —__— _--_— ��r'�C��. .—�.. !J'T. UlAB}�•JL .'r fik �SIAr ------------------- a y DEPU7Y CL- - Y ____ .. ________________ _--- ..__---_______________-_--- g x y "4,. • w .----- ----------------------------- ------------ ----• f ------ ---------------------------- r• .'t • • ------------------ e_--_--------_---_—_—___--__--_—_------ • • e—___ -�.------.--_ .__________________________.•_--_—__---__-- DANVILLE .. JUDICIAL DISTRICT rION ORDER,COMMITMENT FORM '� +• i SUPPLEMENTAL • /C'Zf{ e QOGKET NO, mimed ae ndant having heretofore been convicted irTthis rt of tpe offense(s)of violat, of: 7rsr/�•-� )Q 73152 ❑with prior(s) Other. RBD: That time for❑imposition 13 execution of sentence be suspended during riod of probation wit the following terms and conditions: ARMS OF PROBATION (APPLICABLE ITEMS CHECKED): 16. ❑Not use or possess any dangerous drugs,narcotics,or narcotic para- :ORMAL PROBATION GRANTED(Report considered and filed):Place phernalia without prescription. AW Care and supervision of the Probation"Officer for a period of 17. ❑Not have a checking account nor have any checks in possession or years from the date of this order. control except checks payable to you. Frr PROBATION GRANTED: Conditional and revocable release in 18. ❑Not have any charge accounts,nor have any credit cards in your pos- if,Community without Probation Department;,s�ervision except as session,control or custody. fe Court for a period of _ Z�in 19. ❑Do not own or have possession or control of any firearm or weapon. MONQ ars om the date of this order. 20. ❑Weapon ordered:DconfiscatedOdestroyed0returnedto PROgg N as granted on MODIFIED.Original force and effect exc pt as amended. /0 , 21. ❑Do riot annoy,harrass,or threaten NEw DATE:�- - �Defendant must appear in Court. 22. ❑Have no contact with pDefendant need not appear unless directed by Probation. PROGRAM TERMS AL/FINE/RESTITUTION 23. Attend and complete the First Offender Drinking Driving Program: EMPRSONED In the County Jail for hours/days/months:. ❑Level 1 (DUI) ❑Level 2(AIRS) ,,rrencing Commitment to issue. 24. ❑Report to Post Conviction prinking Driver's Program within 10 days and hrs/days/months,credit/suspended Ct 0 comply with its rules and fee requirements. (Take completed DL 103 QSerwe conseculivelconcurrent with form to DMV within 30 days.) @peport to Main Jail,Martinez 25. ❑Participate in ❑ outpatient ❑ residential program as prescribed by the Probation Officer and not leave or terminate program without per- �JGontaci Work Alternative program within 30 days. � g Opleport to Marsh Creek De, on Facility,Clayton. f� mission. •_ OgWrt to Work Furiougt- Richmond. .- / 700" 70 '^' 26• ❑Perform hours of volunteer community service. ❑As directed by the Probation.Officer. YFlNE: S_ asse_gmen ❑In lieu of fine RF T : CTCF ❑Show proof of completion to Court by 27. ❑Other.. Suspend payment of S .-- DRIVING TERMS Pay to Probation Officer as directed. . 28. ❑Driving privilege restricted for_days/mos/yrs to and from Make payments direct to County Probation kept:b-1 � ' ' place of employment; in scope of employment; to and from treatment Pay to Clerk of Court by iJ program. Other, r - a^ ❑Other. KERESTfTUTiON OF S to r� f'J'` 29. ❑Driving privilege suspended/revoked for days/mos/yrs. a rate of S_. - - per month. ✓ rI 30. ❑Driver's license to be surrendered to the court forthwith. KE RESTITUTION as determined by the Probation Officer. C/ 31. ❑Not drive a motor vehicle unless properly licensed. ray restitution through C-robation Officer as directed. 32. ❑Maintain ability to respond to damages(per 16020 CVG). Show proof of restitutic .to Court by ° 33. ❑Not drive vehicle with measurable alcohol in blood. Other: 34. ❑if arrested for a violation of 23152 or 23153 CVC,not refuse a chemical -R RM test for the detection of alcohol. ARD TERMS (see reverse for standard terms and additional VEHICLE:IMPOUNDMENT TERMS actions) 35. The defendants vehicle be impounded for days. k4G3in from the use of alcoholic beverages. ❑As directed by the Probation Department. No po to places where alcoholic beverages are the chief item of sale. 13 Present proof of impoundment to Court by rnh to drug/alcohot use detection tests as directed by Probation 36. ❑Vehicle is not ordered impounded because: - �cer or by any peace officer. ❑Defendant is not the registered owner of the vehicle. 'ake antabuse as prescribed by physician. ❑Loss of employment by defendant" r family. doh your,person, place of residence.or any vehicle under your 13 impairs school attendance or medical care. f\ ~antro(to search and seizure at any time of day or night, with or ❑Loss of vehicle for inability to pay impound fees. !�w warrant,to any peace officer. : . - ❑Infringement orf community property rights., 'agister pursuant to Section Raopc ❑ i 1590 H& S.' ❑Other(per 23195(b)CVC): AL C041DfTIONS ? l F:COMMITMENT(PENAL CODE SECTION 1213)1 HEREBY CERTIFY THAT THE FOREGOING IS A TRUE COPY OF THE ENTRY OF JUDGMENT OR ORDER AND IS YOUR AUTHORITY THEREOF. ... WUDGE OF THE MUNICIPAL COURT) RECEIVED A COPY OF THESE CONDITIONS OF PROBATION"AND'I UNDERSTAND AND AGREE TO PERFORM THEM AND UNDERSTAND THAT IF I FAIL TPDO SO,MY PROBATION MAY BE 6E SENTENCED TO JAIL.OR SENTEtF4D AS OTHERwISE_PROVIDED BY LAW: SOCIAL SECURITY 4�FENDANT - $SIGNATURE ADDRESS/CITY PHONE PATE OF BIRTH t 1" CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIAJUNE 219 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: $356.04 Section 913 and 915.4. Please note all "Warnings"_ CLAIMANT: BEXTER, Alfred C. ATTORNEY: Date received OOUNTYCOUNSEL, ADDRESS: 58 Arlington Avenue BY DELIVERY TO CLERK ON JuneAJT1bl4FZCALIF. Kensington, CA 94707-1039 y7y`+ BY MAIL POSTMARKED: June 33% 1994 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. 22HHIL BATCHELOR, Clerk DATED: 61: Deputy II. FROM: County Counsel TO: Clerk of the Board of Supervisors (�) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: " . �'7-7 BY: - 'I�At ty County Counsel I11. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3): IV. BOARD ORDER: By unanimous vote of the Supervisors present ( ✓) This Claim is rejected, in full. ( ) Other: I certify that this is 'a true and correct copy of the Board's Order entered in its minutes for this date. Dated: 00d PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you ,have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For additional warnina see reverse side of this notice. AFFIDAVIT OF MAILING I declare under penalty of perjury'jthat I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: BY: PHIL BATCHELOR by QA Deputy Clerk CC: County Counsel County Administrator t r i 0" '73mVdO , r 0 �Qz QG �u , Clair to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT A. Clai= relating to causes of action for death or for injury to person or to per- sonal property or growing crops and which accrue on or before December 31, 1987, must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to causes of action for death or for _injury to person or to personal property or growing crops and which accrue on or after January 1, 1988, must be presented not later than six months after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Govt. Code §911.2.) B. Claims must be filed With the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal. Code Sec. 72 at the end of this Form RE: Claim By ) Reserved for Clerk's filing stamp 7`t e xf ey ) RECEIVE Against the County of Contra Costa ) JUN - 6 1994 or ) District) CLERK BOARD OF SUPERVISORS CONTRA COSTA CO. Fill in name ) The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ o and in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact date and hour) /'-1ay 2.. 2,� 19q�- a-6 -7 ' © 0 P-0-1 2. Where did the damage or injury occur? (Include city and county) e-,-•s e e-6,cam., d-/-- E dU/ 1'/vt tea( 9 e rY S-6r e.,e"�.c liy, �S ►-► -Eta Ctryt Gam"q <fo r '6-k co 027 y=---- 3. How did the damage or injury occur? (Give full details; use extra paper if required) 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury/or damage? C�e G fin.`��' lit 4 f 7�u �l2.G� r rt � ".�_f' �� •�j D. wnat are the names of county or district officers, servants or employees causing the damage or injure? 6 P�6 l C_ t�V� - What damage or injuries----------------------------------------------------------------- 6. do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. P/vl' re- l!: -r e1: 7. How was the amount '-claimed above computed? (Include the estimated amount of any prospective injury or damage.) $. Names and addresses of witnesses, doctors and hospitals. Sr ? C4 g -707 -103. 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT May z3_) 19_q TO� 1, c�Ol c� rez.�( 8�ay Gov. Code Sec. 910:2 provides:. "The claim must be signed by the claimant SEND NOTICES-'`TO' �``` �' '"3"' or by some person on his behalf:" Name and Address of 0ney_ , cls Y;1 Za', j 2i Claimant's Signature S'� ny7 Coq �(A ddress �f -70'7- 10 3 c/ �i n - C,� !�70.7— l0 ?p Telephone No. S�(o)S'•2 V -ScP2g Telephone No. C-5-1©) S-2' '-SY-a ' * * * Irl I N O T I C E Section 72 of the Penal Code provides: - "Every person who, ,;with intent to defraud, presents for allowance or for payment 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 ($10,000, or by both such imprisoriment and fine. v;•, h } � r'::: '•:•k t;{.;:••:T 4'': ty,'.i't�i;: .fj;::}:y.;:y: ::\�:.{::•. i:. v ,,,.,... .«.. ....,.....r........... r.:..............r.. :::is v::::..:..: ........ .. ::: .......... ... .}.:�:::.pi�:.,,.,...•:{,;•}:: :,F/.. +� ,... , ..:.......,..Vit....s... ...,v.+..... : ;.: .;;,:.. ... �.}, T�, .r.. g :1, :.. •>.::. .:::::::%'..•:•}:::.;;�.q�, �:tt{cs}...MA van AM ...:.:....�•}::{�:,;.J:n:;tp}}}'F• .,.. ot ..:p t:} Act <.?:�,r•.:,, :5 .. ,8F}d..,..r.•}. .:}.::q+}:>.•.::b. -::•:}:}.,::," .:::.:Fs:l:�5 ,,,, . :.::�.*.'' 4:•i WMA H r Y .... k. .f 4 ?: T 3 ; : q�- } q n r+ • h Y� it yv:• ::. : .........�.q. .: ..:. ., . 9. 3 S �l y�%:5.;r• � rttt' rmom ISE- MISSION }Fj• i ;55.`•;::£;;5;5;: moi:•:}:i:;;•:, .t}:Gr q �g' 4 w% x AN I top Iii spyN. r.;:•};}tj:;}is::t?{t},;:;'':'p::'::r.•.•...•.••:iii::':•:•.•:}:::;t:: t:;,�,k•:::::ii::i;;F^iisii}}'�:w:::; ::.?!i:. .ri/rr ...{:.... , r.:..r::.... .;;;. .....:.:..........+/ nr..:::::.+::::ti::�:�:::::�:•>:+{: �r:.�, :::.:..,, ':{:}i::}ii.:�i:nvn...... .•y:::r:;:.�n�.fi::%::is;•:t r:.:.::r:::::•i..:............:....:::: ,:vn;�y:•Y..r..,.'�......A:, h. .,. ;:�:: n. 'pf>». .. :..::... :;::}�:.:•..�:.�.:::::...:.........:......:.;::::.,;...v;..;ii•i:vy•:.rr..:+,•:S$�{>r.`:i;t:5::• ;;:..y"•:, r - 8::::•-.r r ...,..,.:,.A.r' r n r: t. + :•.:. � -.,:'Y..: :.. .:,....v•.ri•.r::it �+..' - A Y vp l. b ' r:tr'.:.•�-:::r„Xj,.y::r:::}S'::••.:�::,:. -^.;:{::•: :.::.::'�.:.:<..R......:}::nj. :�^r.::;+.`.,.:'.''.:. ,;,�y .:p ":}�,''{n.• rr,..,;l•{..::•...--:. � ,:.•: ;:::. }i}: •:;::1-::::.:,.f,;.<.r. . r ... NORM :y.r; Y Ply” �fi::.k:Y:':':l•:n::.. it r •�•4�i}: oXo: :.. y r FrRrrn l� lrrt � l �' fry,raw l,.. ............{/ K' ;, Yr 1.11, ",i;�: } f r I MOM 1�400 �l ::'zil r: -n "9........ m• al tt l- rt' 4 Y :� p ,et .y k �•w ,. •Yr } -y ...a � Y r w���P�f�,�r yam, ,po l n •l'r ALFRED C. HEXTER,PH.D. 58 ARLINGTON AVENUE TELEPHONE KENSINGTON, CALIFORNIA 94707 }524-5829 June 2, 1994 Clerk of the Board of Supervisors Room 106 County Administration Building 651 Pine Street Martinez, CA 94553 Dear Sirs: This is an explanation of items 3 and 7 on my claim for damages. 3. When I drove down Kerr street, my car struck a manhole cover at the intersection of Kerr and Edwin, damaging the undercarriage. The accident occurred because subsidence in the street has caused the manhole casing to extend above the surface of the street. In addition, a pothole next to the manhole causes vehicles to sink at that point. It was the combination of subsidence and the pothole which caused the damage. There would not have been damage if there were no pothole, or if there were no subsidence. This hazard is almost invisible to drivers. Note that these are narrow streets; when cars are parked on the side, it is sometimes necessary to drive down the middle to avoid hitting parked cars. I have enclosed photos of the scene. 7. There are three separate items of expense. Repairs for damage to the car cost $577.13, including tax, part of which was reimbursed by the insurance company; my actual cost was $250. The invoice is attached (the last item on the invoice is unrelated work done at the same time) . The second item is $18 for towing my car to the garage, invoice attached. The third item is the cost of the rental car while my car was being repaired. The cost was $238.04, with $150 reimbursed by the insurance company; my actual cost was $88.04 (invoice attached) . Total, $250 + 18 + 88.04 = $356.04. Yours Alfred C. Hexter Enclosures t, � ...-..«„...........,.... ...» .,.... ....... ......�...««.,.....,......... ......e..._,...Yom...... _....�._.. _.... .. .. ._..._._+._.. EL PORTAL SMELL SERVICE & TOWING 14290 San Pablo Avenue SAN PABLO, CALIFORNIA 94806 (510) 235.9889 TIME f A,M_ REQUESTEDEY j� f� �{ P.M. �/'�' LOCATION OF VEHICLE NAME ...__.....................��}........_.._..........................._ ............. PNONE ADDRESS.................................................................................................................._....................................................,......._...................,..... .... .........................,................... ....ZIP.... .... MILEAGE SERVICE TIME EXTRA PERSON FINISH _ FINISH FINISH START START START TOTAL TOTAL ( TOTAL YEAR, MAKE I MODEL!COLOR DRIVER'-- RIVE STATE A 'y�j}_ tf�M VEHICLE LO.NO. SPECIAL EQUIPMENT SLING/HOIST TOW FLAT TIRE ❑SINGLE LINE WINCHING WHEEL LIFT OUT OF GAS ❑ DUAL LINE WINCHING SNATCH BLOCKS FLAT BEDIRAMP WRECK SCOTCH BLOCKS START ❑ RECOVERY F] DOLLY LOCK OUT ❑ ' VEHICLE TOWED TO REMARKS L 6� MILEAGE CHARGE / C ........................................................._....... .......,.......L................ TOWING CHARGE F 1 LABOR CHARGE STORAGE CHARGE 1 I f • i�l OP ATQ St(3NATURE i IOTA �c UTHORIZED SIGNATURE _ mond arvi ce 21935 PNODUCT Gla®®Inc.,TnOrdw PHONE TOLL FREE 1-8*225 G BO ®HILLTOP DODGE SALES 103257 2 9 8 7 6 4 SALES AND SERVICE : ALFRED HEXTER *INVOICE* 3291 AUTO PLAZA ALFRED HEXTER i ® RICHMOND, CA 94806 58 ARLINGTON AV (510) 222-4122 BERKELEY .CA 94707 PAGE 1 Dodge BAR #AD 159757 HOME: 524-5829 BUS: SERVICE ADVISOR 11 JACK MCMILLAN COLOR( YEAR MAKE/MODEL VLN : LICENSE IvIILE:AGE IN GREY 1 89 DODGE DAYTONA 1B3XG44K1KG240733 2PCU890 74060/74060 T6540 DEL DATE PROD bA�! WARR--.EXP'.*... PRQMISED.; f'A;YMENT:; ..:.:.: INV DATE.. 01JAN89 17:00 23MAY94 74.00 01JUN94 R Q OPENED: fiEAUY:; OPTIONS: 23MAY94 01JUN94 LINE OPCODE TECH TYPE HOURS LIST NET TOTAL A CHECK FOR UNDER CARRIAGE DAMAGE OIL PAN WAS KNOCKED LOOSE AND LOST OIL CSAA CLAIM #042420297 BENICE SIMPSON 5496825 800 REPAIR AS PER ESTIMATE 4 MANILLA,RAY LIC#: 4331 CP 4.00 - 296.00 296.00 1 4471573 PAN-TRANS OIL 35. 00 35.00 35.00 1 4621160 OI P L AN-PARTIAL W LIN< �:;;:.;;; PAINT 162.00 162.00 162.00 1 4397768 G SKT PKG 23. 50 23.50 23.50 1 4318025 S EALER- MOPAR L . ONE'><<:>:>: B :<<>>> >>>> <» >::<.;. S Rt�B E . 6.00 6.00 6.00 �e 7a 1 4467722 FLUI - D MOP �...TQ:..BRANS.::::;: ::::::1:3.50 13.50 13.50 4 4 - 761 4 8 1 O IL ENG IN »> E... >.�A1�T..SAE 15'> >>>» >>»<ii; � 90 2.90 11.60 1 PN111 GASKET6.006.00 1 4293859 PLUG PING OTli PAN DRAIN - Z ;10 " 2.10 2.10 B** BRAKES NOISEY .......0.... 300 REPAIR BRAKES:": 4 MANIL LC LAi' ZAY>:L4331 # 185.00 185.00 o P Y T } ( M! s fi it . 1 I> I f' -be 213 fA i €�fc".Ittrlo C o n L.Qdor 2�r6 , ovM . ro. JU(� 199 ' ' S77 -13 � ` I ECK C C EDIT CM41ER NAME CARD ��J k x. bESCRIPTION; TOTAL$:; acknowledge notice and oral approval of 'any additional LABOR AMouNT 481.00 ® customer or warranty work performed and/or increase in bbill the original estimate price. 1 also acknowledge and PARTS AMOUNT 259.70 approve all repairs as itemized and receipt of vehicle. I GAS, OIL,LUBE 0.00 also acknowledge receipt of additional Consumer and SUBLET AMOUNT 0.00 ® Warranty Information contained On the reverse side. MISC.CHARGES 0.00 Authorized TOTAL CHARGES 740.70 Original Revised ADJUSTMENTS 0.00 g Estimate $ Estimate $ SALES TAX ode __ _ 2 .43 CUSTOMER SIGNATURE PLEASE PAY THIS AMOUNT 7612-:13.: !? CUSTOMER'.'COPY ICA cnim,71414Y OF' "'AN 110 '7.,-,0A- �;::11(4` TU w 5-:-,0F' YEAR RENTAL SOURCE 0 I.D.N N TYPE YEAR o RENTER MILES!4 A NT ADDRESS HOMEPHONE R.-I AV J ORIGINAL EHICLE CITY STATE ZIP OFFICE PHONE CO-LOR LICENSE NO. LOCAL ADDRESS PHONE .14 MAKE UNIT_0 DRIVER'S LICENSE STATE PIPES HOURS MILE- IN OB HE71GHIF—WEIGHT EYES HAIR DAYS AGE OUT SOCIAL SECURITY x EMPLOYERI DRIVEN (];. y (Iii,if-) L BILL COMPANY O X T ADDRESS E A CITY STATE ZIP L.J t ITTN: PHONE I r fie RENTER ACCEPTS RE RENTER PEOUESTS PARTIAL DAMAGE WAIVER RENTER-- DAMAGE IOW)AT DAILY FEE SHOWN IN ADJOINING COL, RESPONSIBILITY x u.. SEE REVERSE THIS IS NOT INSURANCE x C-1 D. Y RENTER DECLINES A RENTER PEOVESTS PERSONAL ACCIDENT INSUR. RENTER PERSONAL 11 .1C,E fPAI)AT DAILY PEE SHOWN IN ADJACENT CUT E V. 1/4 1A ACCIDENT INSURANCE x COLUMN AN ON AS READ THE POLICY CERTIFICATE X 3/g 3/4 V2 F RENTER DECLINES R I N "Is /, ' I. R T,R RENTER REOUESTS ORTIONAL SUPPLEMENTAL RENTER V, s/s 3/4 7/s F OPTIONAL SUPPLET X . �L__ L E 3/8 V2 A AENTAL' f LIABILITY PROTECTION fLP1 AT DAILY PATE U BILITY PROTECTION,(SLP) SHOWN IN COLUMNSEES REVERSE X ADDITIONAL DRIVER NONE PERMITTED WITHOUT ENTERPRISE'S APPROVAL. REPLACEMENT VEHICLE I request Epferprise-s Pe—issIoZtpafioW AGE L CENSIE NO- A 0 -EXP. T u 'OLOR LICENSE NO. Who is RT4,control and 1direction to drive the rented vehicle for me and in my behalf. I am responsible FUEL CHARGE I.,th.ei,=-. le the vire,citiving,and for fulfilling terms and conditions of this agreement, t!AKE UNIT N 06AUTH.BY NTER A ENTERPRISE'S.REP MILE. IN --PERMISSION GRANTED FOR VEHICLE TO LEAVE THE STATE. STATES AUTH.BY AGE OUT YES NO ENTERPRISE'S REP ❑ V DRIVEN ❑ TOTAL CHARGES CONDITION AGREED TO X INTER 0/" DEPOSITS F ER REFUNDS DATE ------ R P)j 1P EMPL. 5 # 6 C E I WILL DATEITIME ORIG, AMOUNT PD BY TYPE DATE PC AUTH CLOSED BY RETURN--Oui :7 - * I i.i CAR BY - - I , ,-I 5/s 3A 71, F x ADOT L J-1-1 E To/a 1A 3/s 1/2 AID CASH CHECK CR.CARD CHARGE E IN E IA IA 3/9 1/2 S/. 3/4 7/a FF 0 DEP. BY EXT ADDT L RECEIPT FOR CASH REFUND TO DEP. EXT. ADDT'L DATE—AMOUNT TO DEP. RECEIVED x BY EXT. A00T*L TO DEP. CLAIM INFORMATION ADDITIONAL INFORMATION: POL, OR CL N -Y INSD. LOSS DATE iHEFrNi_ PHONE NAME REPAIR SHOP TYPE CAR AUDITOR'S COPY 84422 CLAIM ( I� BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA JUNE 21, 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: Unknown Section 913 and 915.4. Please note ;al i i Warnings";. .:. ..z. tl CLAIMANT: HOUSTON—- ARRINGTON, Vernon ATTORNEY: Rhonda Wilson. Rice COU,NTYcapUigSE.L Coker & Ramirez Date received MARTINEz o q L . ADDRESS: 525 Marina Boulevard BY DELIVERY TO CLERK ON Jame 6, 1994 Pittsburg, CA 94565 BY MAIL POSTMARKED: Interoffice Mail via: County Clerk I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. ppHH DATED: Bl'il �eputy OR, Clerk J II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). (ro� Other: �► �� i1. `/��/ lN�if` �� �iti�K-� i t MW i Dated: �{��(,. �7 7 BY: JJPM �M=M . Deputy County Counsel I J 9 77 I1I. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of'the Supervisors present ( 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: PHIL BATCHELOR, Clerk, By �.S, , C�,►�. QQ�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 warnina see reverse side of this notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 16; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified,copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. r Dated: BY: PHIL BATCHELOR by JJ . e, Q 0, � Deputy Clerk CC: County Counsel County Administrator CLAIM AGAINST CONTRA COSTA COUNTY AND ITS AGENTS AND EMPLOYEES VERNON HOUSTON-ARRINGTON hereby presents a claim for damages against CONTRA COSTA COUNTY and its agents and employees. ADDRESS OF CLAIMANT: P.O. BOX 23901 Pleasant Hill, CA 94523 ADDRESS TO WHICH NOTICES SHOULD BE SENT: Vernon Houston-Arringt n c/o Rhonda Wilson Rice R CEIVED COKER & RAMIREZ 525 Marina BoulevardJM _ 6 i 994 Pittsburg, CA 94565 CLERK BOARD OF SUPERVISORS Co. DATE, PLACE AND CIRCUMSTANCES OF OCCURRENCE: vim,CONTRA COSTA C IClh-gc� On or about January 6, 1994 the CONTRA COSTA COMMUNITY COLLEGE DISTRICT POLICE had charges filed against VERNON HOUSTON- ARRINGTON for Disturbing the Peace. The charges filed were wholly and completely false, based on false information and in contradiction of the physical description given by the alleged victim. The alleged victim, SUNG WOO aka "BRYAN" PARK reported to the CONTRA COSTA COMMUNITY COLLEGE DISTRICT POLICE that on September 22, 1993 threatening comments had been made to him on the Los Medanos College campus by an unknown black male in his 301s, between 5 feet 10 inches and 6 feet tall, weighing 150 pounds, wearing glasses with a broken right lens. The investigation conducted by Contra Costa Community College District Officer Stevenson should have revealed the fact that, although the CLAIMANT was a Los Medanos student, he had no classes on the day in question and was not on campus. Physically the CLAIMANT does not fit the description given by the alleged victim. The CLAIMANT is 6 feet 1 inches in height and weighs over 185 pounds. He does wear glasses, but there is no evidence of the right lens having been broken or replaced. HOUSTON-ARRINGTON was purported to have been identified by PARK in a photo identification lineup using a California DMV photo. The photograph actually used in the lineup was taken from the CLAIMANT'S passport which was stolen in 1992 and reported as such to the FBI and the Passport Agency. The photograph used to falsely implicate the CLAIMANT shows him wearing a coat and tie, (the passport picture) while CLAIMANT appears only in a T-shirt in his DMV picture. Despite being told of these numerous discrepancies in identification the CONTRA COSTA COMMUNITY COLLEGE DISTRICT wrongly pursued criminal prosecution against the claimant and continues to insist that their information was lawfully obtained. (Copies of the Claimant's Drivers License which was in force at the time and the photo I.D. lineup are attached as exhibits "A" and "B" . ) PARTIES RESPONSIBLE: The CONTRA COSTA COMMUNITY COLLEGE DISTRICT POLICE OFFICERS, agents and employees who procured the stolen passport photograph and based their recommendation for prosecution on false information. AMOUNT OF CLAIM: Claimant seeks punitive damages against the individual officers, Compensatory damages against the individual officers and against the County of Contra Costa within the jurisdiction of the Superior Court. GENERAL DESCRIPTION OF INJURIES AND BASIS OF COMPUTATION OF DAMAGES: By reason of the above-described acts and omissions of the agents and employees of CONTRA COSTA COUNTY the Claimant suffered wrongful accusations and had to defend himself against wrongful prosecution and incarceration. The agents and employees of CONTRA COSTA COUNTY had a mandatory duty to act with due care while investigating the alleged threatening incident. They had a duty to investigate the information they received to determine its truth or falsehood. They were bound to rely on legitimately obtained information and not to use falsely obtained information while stating that the information derived from some other source. As a direct result of the acts and omissions of the responsible agents and employees of Contra Costa County, Claimant has suffered false imprisonment, slander, libel, emotional distress and had to defend against wrongful prosecution. Compensatory damages are also based upon the inconvenience, annoyance and vexation, incurred by Claimant as a result of the acts and omissions made by the agents and employees of CONTRA COSTA COUNTY. Dated: June 1, 1994 VII IBJ/ C"ER & AMIREZ Rhonda Wilson Rice Attorney for Claimant ■ I& 2\/\ 2vL.RC /�' ®&0534047 CLA§ E 2 . . - \� . NON ALRRAR . - , .1%} \ «mS 7 ,i--'';•�;•-�'-�.::;ice`" ,+'i'�;'a�;J 't �'. ,5:,r��. i � G COKER & RAMIREZ r--,n 0 rl ATTORNEYS -ABOGADOS LM JOHN DIAZ COKER A. 1994 JUN �2 A ' 12H ADARACELI WILSONIREZ RCE �HO S RICHARD HEALY S.L.4� IR•COL,NTYCLERK Y Clerk CONTRA COSTA COUNTY 651 Pine Street Martinez, CA 94553 June 1, 1994 Dear Clerk: Please file the enclosed claim form and return a date- stamped copy to our office in the envelope provided. Thank you. Sincerely, OKER & RAMIREZ y///�,/ lf�onda Wilson Rice Enclosure 525 MARINA BOULEVARD PITTSBURG, CALIFORNIA 94565 (510) 432-7373 CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA JUNE'21-J944 .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: Urilmown Section 913 and 915.4. Please note ! 1 "Warnijn s"� 3 CLAIMANT: RUM, Mary J 0 7 ' ATTORNEY: Jeremy A. Archdeacon, Esq. COUNTY COUNSEL Date received MARTINEZCALIF. ADDRESS: 47 Quail Court, Ste. 205 BY DELIVERY TO CLERK ON June 6, 1994 Walnut'Creek, CA 94596-5574 BY MAIL POSTMARKED: Wand Delivered 1. FROM: Clerk of the Board of Supervisors -TO: County Counsel Attached is a copy of the above-noted claim, p�{ gg DATED: BML Depuiy OR, Clerk 11. FROM: County Counsel TO: Clerk of the Board of Supervisors (1r) 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 ri"ght to apply for leave to present a late claim (Section 91.1.3). ( } Other: Dated: ! BY: Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present (✓) This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: kc%qL4 PHIL BATCHELOR, Clerk, By00 Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For additional warnina see reverse side of this notice. AFFIDAVIT OF MAILING I declare under penalty of perjury ':Lhat I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited In the United States Postal Service in Martinez. California, postage fully prepaid a' certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. r Dated: BY: PHIL BATCHELOR by__1__L A Qom, Deputy Clerk CC: County Counsel County Administrator .� HAND DELIVERED RECEIVED TO: Clerk's Office, County of Contra Costa 0 - 61994 Board of Supervisors 651 Pine Street, Room 106 CLERK BOARD OF SUPERVISORS Martinez, CA 94553 ONT ACOSTA CO- NOTICE OF CLAIM FOR PERSONAL INJURIES DUE TO NEGLIGENCE (PURSUANT TO GOVERNMENT CODE SECTION 910.2) 1. CLAIM AGAINST: County of Contra Costa Health Services 2. NAME AND POST OFFICE ADDRESS OF CLAIMANT: Mary Ruiz c/o Jeremy A. Archdeacon, Esq. 47 Quail Court, Suite 205 Walnut Creek, CA 94596-5574 3 . THE DATE, PLACE, AND OTHER CIRCUMSTANCES OF THE OCCURRENCE OR TRANSACTION WHICH GAVE RISE TO THE CLAIM ASSERTED: Date: February 23, 1994 Place: Merrithew Memorial Hospital and Health Center, 2500 Alhambra Avenue, Martinez, CA 94553 Circumstances: After bowel perforation during surgery, Contra Costa County Health Services and its personnel failed to adequately repair said perforation and/or failed to provide adequate follow-up care and instructions to prevent reoccurrence of peritonitis and bowel blockage. 4. GENERAL DESCRIPTION OF THE DAMAGE OR LOSS INCURRED SO FAR AS KNOWN AT THE TIME OF PRESENTATION OF THE CLAIM: Medical Treatment in excess of $8,599. 35. Lost Wages - Not applicable. General Damages - $60,000.00. Property Damage - None. 5. THE NAME OR NAMES OF THE PUBLIC EMPLOYEES CAUSING THE INJURY, DAMAGE OR LOSS, IF KNOWN: Unknown. 6. AMOUNT CLAIMED IF UNDER $10,000.00 OR STATE WHETHER JURISDICTION LIES IN MUNICIPAL OR SUPERIOR COURT: Jurisdiction lies in the Supe -10 ;; Dated: 0(o 10(o/9-1+ Signature: JEREMY A. CHDEACO Attorney for Claimant 1 CLAIM I BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA JUNE 21,1994 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: Unknown Section 913 and 915.4. I as rsbtlaTlil "Warnings% CLAIMANT: SANTOS, Michelle J 0 11 0 1 19194 ATTORNEY: Thomas J. Kaster, COUNTiYCe.UNC-cL . Law Offices of Melvin M. R-11i:Date received MARTINEZCALIF. ADDRESS: 30 Hotaling Place BY DELIVERY TO CLERK ON June 1, 1994 San Francisco, Ca 94111 BY MAIL POSTMARKED: May 31, 1994 Certified Mail I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim, pH gg HH DATED: BUIL DeputylOR, Clerk II. FROM: County Counsel TO: Clerk of the Board of Supervisors (✓5 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: . 1—os Kc Dnt4os ism ,Aa.\ �s r�v� lY�c0ec�2v eve C�Nb 1.e ev>fitt� . �1- is YyoN otov e_A over ll e, o _ ale& oe- VKCk_Lv\_tdNAvtecl Dated: 'l.", Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARDS 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: '1 PHIL BATCHELOR, Clerk, By � Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do. so immediately. *For additional warning see reverse side of this notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez. California, postage fully prepaid a` certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: C04�_ BY: PHIL BATCHELOR by �;, O ., Deputy Clerk CC: County Counsel County Administrator ,'I •� l1 w. J t� r _ O) � 4 v cn Rul �, V a avo N ov `9 fu � s a �y U y ,N W � d a a i _ r LAW OFFICES OF MELVIN M. BELLI 1 Thomas J. Kaster, SB# 148776 RECEIVED 30 Hotaling Place 2 San Francisco, CA 94111 Telephone: (415) 981-1849 .- 3 Attorneys for Claimant 4 MICHELLE SANTOS CLERK BOARD OF SUPERVISORS CONTN CrJS ala CO. 5 6 7 BEFORE THE BOARD OF SUPERVISORS 8 OF LOS MEDANOS COMMUNITY HOSPITAL 9 10 11 In the matter of the claim CLAIM AGAINST of MICHELLE SANTOS, PUBLIC ENTITY . a 12 (Govt. Cade § 910) IL 0) a V � j 13 U.wz VM _ r �w CD c 14 TO THE BOARD OF SUPERVISORS, OF LOS MEDANOS COMMUNITY HOSPITAL: 15 1 . MICHELLE SANTOS hereby presents this claim against .the 16 Board of Supervisors of Los Medanos Community Hospital pursuant to 17 Section 910 of the California Government Code. 18 2 . Claimant MICHELLE SANTOS resides at 1490 Sacramento 19 Street, #3E, San Francisco, California 94109. 20 3. Notices concerning this claim should be sent to THOMAS 21 J. KASTER of the Law Offices of Melvin M. Belli, 30 Hotaling 22 Place, San Francisco, California 94111 . 23 4 . The circumstances giving rise to this claim are as 24 follows: Claimant' s husband ROBERT SANTOS, 30 years of age, was 25 Sa to ' Claim Against Public Entity j severely injured on or about March 17, 1994 as a result of the 2 negligent care and treatment he received while under the care of 3 Los Medanos Community Hospital . 4 5. The names of the public employees causing claimant' s 5 decedent' s death are unknown at this time. 6 6. The claimants have sustained- general damages within the 7 jurisdiction of the Court in a sum according to proof at the time 8 of trial . 9 Dated: May 31, 1994 LAW OFFICES OF MELVIN M. BELLI 10 11 n . 4,.� 12 O WTHOMAS J. KASTE WL0 13 LL Attorneys for Claimant c U LL p N O z o v aW cc CU 14 _ 15 16 17 18 19 20 21 22 23 24 25 26nt s' Claim Against Public Entity 2 1 PROOF OF SERVICE 2 I declare that I am employed in the County of San Francisco, California. I am over the age of eighteen years and not a party 3 to the within cause; my business address is 30 Hotaling Place, San Francisco, CA 94111 . - 4 On May 31, 1994, I caused to be served the attached CLAIM 5 AGAINST A PUBLIC ENTITY in said cause, by placing a true copy thereof enclosed in a sealed envelope addressed as follows : 6 7 Board of Directors Medical Administration Office 8 Los Medanos Community Hospital 2311 Loveridge Road 9 Pittsburg, CA 94565 10 Board of Supervisors Contra Costa County 651 Pine Street 11 Room 106 Martinez CA 94553 12 oW CO a (_X ) BY CERTIFIED MAIL I placed each such sealed envelope, with U_ 13 postage thereon fully prepaid, for collection and mailing at San Lq p.Z o � Francisco, California, following ordinary business practices. I ga 02 14 am readily familiar with the practice of Law Offices of Melvin M. Belli for processing of correspondence, said practice being that cn 15 in the ordinary course of business, correspondence is deposited in 16 the United States Postal Service the same day as it is placed for processing. 17 (_) BY PERSONAL SERVICE I caused each such envelope to be 18 delivered y hand to the addressee (s) noted above. 19 ( ) BY FACSIMILE I caused the contents of said envelope to be delivere y Facsimile machine to the number indicted after the 20 address noted above. 21 I declare under penalty of perjury that the foregoing is true and correct. Executed this May 31, 1994, at San Francisco, 22 California. 23 24 25 Christine Lowry 26nt ' Claim Against Public Entity 3 CLAIM I . 1 7 BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA JOIE 21, 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: $57,611.48 + Section 913 and 915.4. Please noal,: !sWaicrri:n.gs:". � ' CLAIMANT: William Smedley Const. Inc. U�. U .� � ATTORNEY: COUNTY MARTiNEZ COUNSEL Date received ADDRESS: 18M: kdrlb ,r Valley Road BY DELIVERY TO CLERK ON June 7, 1994 Lafayette; CA 94549 BY MAIL POSTMARKED: Hand Delivered I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. ppHH g DATED: BYIL Deputy OR, Clerk II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: k//j, � f,,7 7 BY: I Deputy County Counsel III. FROM: Clerk of the Board " TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present (✓) This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: a-► PHIL BATCHELOR, Clerk, By. QQ � Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you ;have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For additional warning see reverse side of this notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated _ , BY: PHIL BATCHELOR byJ„ PA ' Q, Deputy Clerk / c CC: County Counsel County Administrator JUN-01-1994 . 15:23 FROM CCC RISK MANAGEMENT TO 99306251 P,01102 Glai* :o: BDAPD QFJ?£RVISORS OF CONTRA Ct�S'iA .CO'J.r'?'Y G TNS`�,�A.UI'!'i0,45 '"0 CI.AU'.iy� • A. Clam relating to, causes of action for death or for injury to person or to per sonalz property orgrowing crops and which accrue on or before December 31, 107;, must be presented nog` later than the-100th day after the accruai'of the cause of action. Claims relating to causes of action for death or for injuryoto person!' or to personal property or grouting crops and.whleYi acemte on or after January 1, 1988 ' must be presented not later than six months,w.ter the accrual. Of the cause of action. Claims relating to any other cause of action must be presented not later than one ;year after rhe accrual of the cause of act on. (Govt. Cade :011.'2.) B. Claims must be filed '•with the Clerk of the Board 01' SuPe.rv;isors at its office in Room 106, County Administration Buildir-g� 651 Fine YartineL, CA 94553. C. If claim is against A district governed by t!ie:��aard ofMU'J�r'�'.isOrs;` rat?�er `har. the County, the name',of District should C*: fili' in. D. If the claim is against more than one public ent9 ty,, separate c i aims must be' " filed against each public entity. E. Fraud. See penalty for fraudulent dlaias, Pe:all. Code, Sen. 72 at the e.A Gf this RE: Claim By ) Reserved for Clerk's fixing; stamp - -WILLIAM NS ILLIAM EY CO T. ). i. RECEIVED E® . SMED 1e._... INC ) `` 1.831 RELIEZ 'VALLEY`' RD. LAFATETTE CA.) Against the County of Contra Costa ) "" 71994 %JR AND ) CLERK BOARD OF SUPER VISOpr F OOD CONTROL District) CONTRA COSTA CO. (Fill in name- ) The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District' in the a= of 57 6 •48 and in support of this claim represents as" follows: 1. When did the damage !�'or injury occur? (Give a)nct date and hour) �r��FMT3�R 8 h 193 x:00 P.M w 2. Where did the. damage or injury'..occ•ur? (Inc1:Me City and eownty) 1 LWL0Z Q Y �AIFiE$ZDT E$3IZG�S...«. 3. How did the damage or injury occur? (Give fual dAtails; use extra raa )er if required) THE COUNTY FAILED --TO COMPLETE THEIR PORTION OF THE AGREEMENT WITH THE DEVELOPER ERSELIA 'TRAIL L.P., (FAILED TO APPROVE THE CONTRACT-AMOUNT -IN WRITING) YET THEY TOLD ME TO PROCEED WITH ,THE PROJECT. THIS-ACTION CAUSED ME TO (CONT'D) �r�w�Mr���MMr��NM�4�ir1�"�0.!.M':� •ViM.wb�.Msr�.►�r�.v...wwM+w.t-:1leM 1.��^7wr+� 4. What particular act,,or omission on the part of county or district off'.' c• ars, servants or employees caused the injury or damage? TELLING ME .TO GO AHEAD WITH, THE- PROJECT THAT THEY WERE PAYING A PORTION OF, KNOWING THERE WAS NOT ENOUGH FUNDING OR BONDING TO COVER IT' AND TELLING ME' THERE WAS. ENOUGH. �. wnaL are tre nwnes of couni�v or district officers, servants or e=pioyees causing th:• dTyge or in fury? RICH .LIERLY, MELISSA MORTON, MILT -KUBEICK AND R. GILEHRIST " 5. What damage or injuries do you claim resulted? (Give full extent of injuries or datnages claimed. : Attach two estimates for auto damage. . $57,611 .48 plus interest.: and attorneys fees 7. Hots was. the amount claimed above computed? (Lnc'_ude the estimated amount of any prospective injury or damage.) CONTRACT AMOUNT $134,498.00 NON-COATED (1.,100.00)' CEMENT LINED 2,500.00:' PAYMENTS REC'D.. , 78;286.52 BALANCE DUE 57 ,611.48 $. Names and addresses of witnesses, doctdr•s and hospitals. N/A. —4rw�w—�—�r�.Y�......--�:�Me�w�w.—+.�...wrr.--—_.+s.�rMr..v.e.N— ...w.r.w.s—e.r+...—w,•w g. List the expenditure3 you evade on accoL nt of this accident or, injury-. . DATE ITEW AMEXIN'T 12/8/93 ATTORNEY ° ONGOING 12/8/93 INTEREST ONGOING, $4033.00 TO DATE Gov. Code Sec. 910:2 provides: ' "The claim must be signed by the claimant SEND NOTICES T0: (Atto_rinev) or by someerson on his be..half." Name and Address of Attorney { CIaSront s Signat te 1831 RELIEZ VALLEY DAD �Ad�ss LAFAYETTE,CALIFORNIA 94549 ., Telephone No. Telephone No. (510) 930-6232 N. G T r.0 E Section 72 of the Penal Code provides- "Every person who, .,with intent to Gefrau,', pre...rnts f�:� F_ 1C C,' tr f'or payment to any state board or office-, or tr �y c;,unt_i, cority � dist is` ;..�eard or officer, authorized to allow or pay the same_ ir.` genuine, any c:-• frau�ulent. claim, bill, account, voucher, or. writing, .ls .,ualsh_ble either "Dy izp! isonzx.l.t in the county jail for a period of not more than cne ;year, by :i f .ne of rt exc.r_}i•rg one thousand ($1,000), 'or by-b✓th such imprison:-nent and fine, or oy imprison°int in the state prison, by• a fine of not, exoeedin4a ten thoLsarid do:._lars ($10,C00, or by both such imprisonment and fine. TOTAL P.02 P.03 (CONY D) BE STUCK WITH A COMPLETED PROJECT WITHOUT ENOUGH FUNDS OR BONDS TO GET PAID.