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Home My WebLink AboutMINUTES - 06071994 - 1.19 ► . i9 • CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA JUNE 7, 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: $71.23 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: HAP HOANG D of ATTORNEY: MAY 13 199 Date received ADDRESS: 1920 Calaveras D�OUNTYCOUNSEL BY DELIVERY TO CLERK ON May 12, 1994 ARTINEZ CALI F. Bay Point, CA 94565 BY MAIL POSTMARKED: May 11, 1994 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: JAIL BATCyELOR, Clerk nn nn epuy 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: G / BY: Deputy County Counsel II1. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of. the Board's Order entered in its minutes for this date. Dated: PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For additional warning see reverse side of this notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 16; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: u,� BY: PHIL BATCHELOR by �,d��A�� Deputy Clerk CC: County Counsel County Administrator 1 OFFICE OF COUNTY COUNSEL DEPUTIES: CONTRA COSTA COUNTY PHILLIP S. ALTHOFF i SHARON L. ANDERSON COUNTY ADMINISTRATION BUILDING ANDREA W. CASSIDYVICKIE L. DAWES er P.O. BOX 69 MSE S. ESTIS MARTINEZCALIFORNIA 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 May 20, 1994 VALERIE J. RANCHE DAVID F. SCHMIDT DIANA J. SILVER VICTORIA T. WILLIAMS NOTICE OF INSUFFICIENCY AND/OR NON-ACCEPTANCE OF CLAIM TO: Hap Hoang D 1920 Calaveras Dr. Bay Point, CA 94565 RE: CLAIM OF: Hap Hoang D. 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: This claim provides no factual basis for recovery. VICTOR J WESTMAN, County Counsel By: �. Deputy o y Counsel CERTIFICATE OF SERVICE BY MAIL (C.C.P. SS 1012, 1013a, 2015.5; Evidence Code SS 641, 664) I declare that my business address is the County Counsel's Office of Contra Costa County, 651 Pine Street, Martinez, California 94553; I am a citizen of the United States, over 18 years of age, employed in Contra Costa County, and not a party to this action. I served a true copy of this Notice of Insufficiency and/or Non- acceptance of Claim by placing it in an envelope addressed as shown above, sealed and Postage fully prepaid thereon, and thereafter was, deposited this day in the U.S. Mail at Martinez, California. I certify under penalty of perjury that the foregoing is true and correct. Dated: May 20, 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) w } �15 t� d V� s � P � 2 r. r..a .. . 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 Wore than one Fublic 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 ByReserved for Clerk's filing stamp A-V 6_44" D-Y— RECEIVED n.rT . C1-6 qtf-S_k_ j Against the County of Contra Costa ) NN 12 W4 or ) CLERK BOARD OF SUPERVISORS 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 sum of $ ::Z/.,�3 and in support of this claim represents as follows: o63 , 1. When did the damage or injury occur? (Give exact date and hour) /14fig Gh - .9. - Iq161Y _q. Ltf m 2. Where did the damage or injury occur? (Include city and county) 3. How did the damage or injury occur? (Give full details; use extra paper if M required) ----------- ------------------��_�_---___-___------- 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? j � i`�Y`rrl✓ l� � # 3f3 (L f(/1r..F�.vL we i Grp" (over) 5. What are the names of county or district officers, servants or employees causing the damage or injury? S. 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.) B. Names and addresses of witnesses, doctors and hospitals. 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT ' E <; $ IMS Gov. Code Sec. 910.2 provides: "The claim must be signed by the claimant SEND NOTICES TO: ..(-Attorne• ). orb some person on his behalf." Name and Address of'Attorney.,,.,;' Claimant's Address I� N► C Ll SW-�, Telephone No. Telephone No. .� 7 0� 4,S-F- q1-71 * * * * * * * * * * * * * '* F-* W * * * 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 ($109000, or by .both such imprisonment and fine. p' THE .HOME --CIEPOT- 0634 2090 MERIDIAN PARK BLVD. CONCORDY CA. 94520 (510)719879600 0634 00016 24495 031114194 SALE 891 06'.25 PM 054699047990 4X4:X8TREAT 6.22 054699041990 4?;4X8TREAT 6.22 054699008311 2:X4 PT FIR 5.20 054699013346 lX8 RDUD - 14.000,@ $2.64 36.96 603503 CCF STU[tS 4.004 @ $271.80 11.20 SUBTOTAL 65.80 65.90 TAX CA 3.250 5.43 TOTAL $71.23 60110008207785292 DISCOVER 71.23 RUTH CODE -1111'162401 TA ORIGINAL RECEIP11REEUIREO FOR REFUND THANK YOU FOR.SHOPP.ING AT T1iE HOFiE DEPOT WAREHOUSE PRICES - DAY iNy DAY, OUT J CLAIM I BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA JUNE 7, 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. Please note all °Win " g g CLAIMANT: ARNOLD Brian Wade through auardian ad litem Ed Arnold Armando Dominguez KAY 10 1994 ATTORNEY: Randolph E. Daar P r►OUf11YY COUNSEL Serra, Perelson,Lichter,Daar & Date received MARTINEZ CALIF. ADDRESS: Bustamante BY DELIVERY TO CLERK ON May 10, 1994 Pier 5, The Embarcadero Hand Delivered San Francisco, Ca 94111 BY MAIL POSTMARKED: I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. ppHH gg DATED: B`IIL DeputyLOR, Clerk n \ 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: Jpam / BY: Deputy County Counsel I — (M I V I11. FROM: Clerk of the Board TO: County Counsel ( ) County Admi istrator (2) { ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present ( vl'( 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 �QQ1,✓ Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For additional warnina see reverse side of this notice. AFFIDAVIT OF MAILING . I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: ��,�Q�T� �(g y _ BY: PHIL BATCHELOR by 4 , Deputy Clerk CC: County Counsel County Administrator \, PIER 5 LAW OFFICES OF SERRA, PEREESON, LICHTER, DAAR & BUSTAMANTE J.TONY SERRA PIER 5 S'T'EPHEN.JAY PERELSON THE EMBARCADERO LAURENCE.JEFFREY LICHTER SAN FRANCISCO 94x11 NEDRA RUIZ TELEPHONE YUKON 6-5591 RANDOLPH E.DA.-AR AREA CODE 415 JAMES A.BUSTAIII ANTE May 9, 1994 FAX:421-1331 DIANA SAMUELSON CHRISTINA DALTON SECRETARIAL STAFF: MATTHEW B.WILSON PENELOPE ROSE ^'z`FH AIhbE BROWN Clerk of the Board of Supervisors RECE1�61m. Contra Costa County 651 Pine Street =CONTRA _-, Martinez, CA 94553 CLESUPERVISORS', CLAIM FOR DAMAGES BRIAN WADE ARNOLD, through guardian ad litem ED ARNOLD, and ARMANDO DOMINGUEZ present a claim pursuant to section 910 of the California Government Code for damages against the City of Oakland; Oakland Police Department; Oakland Police Officers R. Ehle, L. Eade, G. Lowe, D. Williams, M. Holland, M. Moschetti, T. Swisher, J. Madarang, C. Ilacqua, G. Phillips, R. Race, C. Krebs, M. Encinias, M. Hughes, F. Schupp, B. Aven, S. Waterman, T. Viglienzone, K. Wattles; Contra Costa County; Contra Costa County Sheriff's Department; Contra Costa County Sheriff' s Deputies D. Mongsene, T. Coggan, B. Vosper, L. Peters, R. Weckel, R. Ingersoll, D. Carrol, B. Hole, C. Prandi, D. Reed, S. Ojena, R. Schorr, J. Wasson; the State of California; California Highway Patrol; California Highway Patrol Officers P. Workman, E. Cameron, M. Nielsen. CLAIMANT'S ADDRESS: c/o RANDOLPH E. DAAR Serra, Perelson, Lichter, Daar & Bustamante Pier 5, The Embarcadero San Francisco, California 94111. DATE OF OCCURRENCE: November 10, 1993 PLACE OF OCCURRENCE: 2400 block of Monterey Boulevard Oakland, California C.T_AIM ARISES FROM THE FOLLOWING CIRCUMSTANCES: At some time shortly before 4:00 a.m. on November 10, 1993, the Contra Costa Sheriff's Department received a report that a .tan Chevrolet Monte Carlo had been stolen from in front of 1815 Del Rio Drive in unincorporated Lafayette. Contra Costa Sheriff's units spotted the car, and initiated a high-speed pursuit. The chase eventually entered Oakland, thereby involving the Oakland Police Department. The California Highway Patrol became involved when the Monte Carlo entered the freeway on Highway 24 near the Caldecott Tunnel. Ultimately, the Monte Carlo, occupied by claimants ARNOLD and DOMINGUEZ, spun out of control and came to a rest at the 2400 block of Monterey Boulevard, Oakland. Both ARNOLD and DOMINGUEZ were unarmed, and at this point complied with orders given by law enforcement officers to raise their hands. Contra Costa Sheriff's Deputies Mitchell and Kimball claim that as they approached the stopped car, claimants used the car in an attempt to intentionally strike the officers. The Deputies then felt compelled to fire their weapons, allegedly in self defense. A civilian witness to the events after the Monte Carlo came to a rest relates an account in conflict with the official version. The witness stated that immediately following the crash, he saw the two officers running down the centerline of Monterey Boule- vard towards the claimants car, firing their weapons wildly as they ran, without provocation. He also stated that the Monte Carlo did not move once it came to its final stop. Claimants ARNOLD and DOMINGUEZ were each shot by the offending officers, Contra Costa Sheriff Deputies Mitchell and Kimball. Each required emergency surgery and substantial additional medical care to correct their injuries. The State of California, City of Oakland and County of Contra Costa each have a mandatory duty of care to properly and adequately train, select, retain, supervise and discipline officers so as to avoid unreasonable risk of harm to citizens. They failed to take necessary, appropriate or adequate measures to prevent the violation of claimants' rights by the officers. They breached their duty of care to citizens, in that they have failed adequately to train officers in the proper method of detaining, questioning and arresting citizens. DESCRIPTION OF THE NATURE AND EXTENT OF DAMAGES OR INJURIES: Mr. ARNOLD's injuries and damages include, but are not limited to the following: physical injury and pain consistent with a gun- shot wound to the upper back; visible and pronounced scarring; lasting poain •and-discomfort. Emotional injuries include, but are not limited to the following: traumatic shock; anguish; fear, terror; humiliation; loss of sense of security, dignity and pride. 2 Xr. DOMINGUEZ 's injuries and damages include, but are not limited to the following: physical injury and pain consistent with a gunshot wound to the lower back and abdomen; visible pronounced scarring; lasting pain and discomfort; permanent damage to . internal organs. Emotional injuries include, but are not limited to the following: traumatic shock; anguish; fear, terror; humiliation; loss of sense of security, dignity and pride. CAUSES OF ACTION: Possible causes of action include, but are not limited to: assault and battery; intentional infliction of emotional distress; negligent infliction of emotional distress; state and federal civil rights violations, including Civil Code sections "51.7 and 52 . 1, 42 U.S.C. section 1983, ' Fourth, Fifth and Fourteenth Amendments to the United States Constitution; negligent selection, training, retention, supervision and discipline; respondent superior. DAMAGES AND JURISDICTION: At the time of this claim, claimants' damages exceed $10, 000. Jurisdiction lies in the Superior Court for the County of Alameda. DOLPH E. DAAR Attorney for Claimants 3 ._' .. CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA ' JUNE 7, 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: $6,084.86I 3d 915.4. Please note all "Warnings". CLAIMANT: STATE FARM(Ouellette) M 10 1994 ATTORNEY: Daniel B. Schick COUNTYCOUNSEL MART1( ?+c#4b yed ADDRESS: 2775 Mitchell Dr. , Ste, 102 BY DELIVERY TO CLERK ON May 10, 1994 Walnut Creek, CA 94598-1623 BY MAIL POSTMARKED: May 9, 1994 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PpHHIL BATCHELOR, Clerk '�?� DATED: �S64, 10. 19gT BT: Deputy .OQ 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: �. U, B Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (IT 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 ( A) 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:4 19 HIL 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 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 7'� BY: PHIL BATCHELOR by �d uQ Q � Deputy Clerk CC: County Counsel County Administrator LAW OFFICES OF DANIEL B. SCHICK WALNUT CREEK EXECUTIVE PARK 2775 MITCHELL DRIVE,SUITE 102 OF COUNSEL: DANIEL B.SCHICK WALNUT CREEK,CALIFORNIA 94598-1623 GARY M.LEVIN KAREN S. FENCHEL Tel.: (510)943-1500 DAVID HERMELIN Fax: (510)943-5657 CER77FIED PARALEGAL: MONIQUE Y.PALMER tee® RECEIVED May 9, 1994 MAY 1 01994 Clerk of the Board CLERK BOARD OF SUPERVISORS The County of Contra Costa CONTG!,, colt a Co. 651 Pine Street, 1St Floor Martinez, CA 94553 Attention: Clerk of the Board Re: State Farm (Ouellette) v. County of Contra Costa, et al. Date of Loss 12-11-93 NOTICE: YOU ARE HEREBY INFORMED that State Farm Mutual Automobile Insurance Company on behalf of subrogee Tanya Ouellette hereby makes a claim for $6, 084.86 and makes the following statements in support of this claim: 1. Notices concerning this claim should be sent to: Law Offices of Daniel B. Schick at 2775 Mitchell Drive, Suite 102 , Walnut Creek, CA, 94598-1623 . Please reference the above named claim on all materials. 2 . The date and place of the accident giving rise to this claim are: December 11, 1993, on the 1300 block of Camino Tassajara, in the City of Danville, County of Contra Costa, State of California. 3 . The circumstances giving rise to this claim are as follows: Our insured, Tanya Ouellette, was operating her vehicle, a 1989 Mitsubishi Galant, on Camino Tassajara, around 11: 00 pm, when she drove her vehicle into an unmarked center island which was being constructed at that time and was blocking the normal path of the street. County of Contra Costa's liability is based on the fact that it negligently failed to provide any notices, baricades or lights warning of the center island which was blocking the normal flow of traffic. 4 . There were no injuries reported. County of Contra Costa May 9, 1994 Page Two 5. Our total claim is as follows: Company's Net Payment . . . . . . $5, 584 .80 Insured's Deductible Interest . . 500. 00 Total Property Damage . . . . . . $6, 084.80 NOTICE: This form is to provide notice of our claim for damages in accordance with the six (6) month statute. If this form is not acceptable for compliance with the statute, please rush the necessary forms to my attention for proper filing. Very truly yours LAW O CES OF A EL B. SC ICK a id Hermelin DH:ggw cc: City of Danville ' I r 1 r I 1 S 1 v !� tC� CIA O w I C} M N U � a°aw � v yah N O U a' rA .N NNAc�d • UN `Q � �N c x 5 0 LL d ,n A � N � CLAIM ' BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA JUNE 7,1994 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 (P graph IV below), given pursuant to Government Code Amount: $10,000.00 + D ; eon 913 and 915.4. Please note all "Warnings". CLAIMANT: DAVIDSON, Barbara MAY 0 9 1994 STY ATTORNEY: Gerald P. Tunney, Eq4ARTINEZCALIF. Date received ADDRESS: P.O. Box 724 BY DELIVERY TO CLERK ON May 9. 1994 Brentwood, CA 94513 BY MAIL POSTMARKED: May 6, 1994 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. pH gg DATED: IV DeputyLOR, Clerk Q , ' II. 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: Dated: 9 i 9 BY: Deputy County Counsel <�, 0 a 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: ONJ PHIL BATCHELOR, Clerk, By \J , , 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. r Dated: _ BY: PHIL BATCHELOR by �a.d_.=��,".�_ Deputy Clerk CC: County Counsel County Administrator .r4 a) yo . 44 0 t4-) n 0 CV) ro Ln LO -Z -4. 0 P 4-) 0 4-) (1) o 4 2Q - Q 4J 44 0 N 0 ,h4 -P 4-) -r4 0 u) M ifk A3 C 4' % r go IL 10 Ln H 4.) N (d r4 r- 4 04 >1 X 0 0 (1) 0 'a V. -P m :� r4 $4 (d 4J 0 0. 0 W WORRELL AND TUNNEY AN ASSOCIATION OF ATTORNEYS Charles M. Worrell P.O. Box 724 Phone: 510/634-8252 Gerald P. Tunney Brentwood, CA 94513 Fax 510/634-8252 May 61 1994 Clerk of the Board of Supervisors County of Contra Costa 651 Pine Street Martinez, CA, 94553 Re: Claim of Barbara Davidson Govt. Code 910 et sec. Claimant, Barbara Davidson, in accordance with the requirements of the Government Code of the State of California, herewith presents her claim against the County of Contra Costa, State of California as follows: 1. This claim is presented by Attorney Gerald P. Tunney, P.O. Box 724 , Brentwood, CA 94513 , Telephone: 510/634- 8252 on behalf of the claimant. 2 . Claimants name is Barbara Davidson and her post office address is 2725 Church Lane #27, San Pablo, CA 94806. 3 . All notices relating to this claim should be sent to Gerald P. Tunney, Esq. at P.O. Box 724, Brentwood, CA 94513 . 4. The incident giving rise to this claim occurred on November 8, 1993 on the public sidewalk leading from the Bray building on Ward street in Martinez, California to the intersection of Ward and Court street in said city. The claimant fell as a result of a material defect in said sidewalk which created a dangerous condition. 5. Claimant sustained injuries to her left knee, right and left hands, neck and back requiring medical attention. Medical expenses to date have not been completely ascertained but exceed $2,000. 00. 6. The name or names of the public employee or employees causing the injury, damage or loss is unknown to the claimant. 7 . The amount claimed exceeds $10, 000. 00 and jurisdiction _ over the claim rests in the superior court. Gerald P. Tunney Attorney for Claimant 1