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HomeMy WebLinkAboutMINUTES - 07121994 - 1.33 � 33 CLAIM BOARD OF SUPERVISORS_O_F_CONTRA COSTA COUNTY, CALIFORNIA JULY. 12, 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: $5,000,000.00 Section 913 Q11'5747) Please note,.al.l`,Warnings.". a CLAIMANT: CLARK, Jennifer ATTORNEY: SOU,, Tracy, D. Alexander, Esq. MARt r���, L CouNTY COWNJOEL, McGabe, Schwartz,' Evans, LevyDate received MARTIW;ZQ4�IF. 1994 ADDRESS: & Dawe BY DELIVERY TO CLERK ON June , 2121 N. California Blvd. , #1010 Walnut Creek, CA 94596 BY MAIL POSTMARKED: Band Delivered I. FROM: Clerk of the Board of Supervisors -TO: County Counsel Attached is a copy of the above-noted claim. DATED: X� IL BATCHELOR, Clerk �n 1 9.9 4 B1: Deputy �a A � OVA, ., ll. FROM: County Counsel TO: Clerk of the Board of Supervisors ( r� 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: Q 11-7 SL/ BY: 46ra ylz� / y_l Deputy 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. BOARDD 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, Gated: PHIL BATCHELOR, Clerk, By J_ , 0 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 ideposited 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: LA QA4I- I a gq BY: PHIL BATCHELOR by Q Q a Deputy Clerk CC: County Counsel County Administrator r C1A to BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO .CLAD1iPM A. Claims relating to causes of action for death or for injury to person or to per- sonal property or growing crops and which accrue on or before December 31, 1987, must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or after January 1, 1988, must be presented not later than six months after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year 'after the accrual of the cause of action. (Govt. Code §911.2.) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553• C. If claim is against ;a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty ',for fraudulent claims, Penal. Code Sec. 72 at the end of this form RE: Claim By ) Resery r Clerk's filing stamp 14 Jennifer Clark ) RECEIVED Against the County of Contra Costa ) 5 or ) District) CLERK BOARD OF SUPERVISORS Fill in name ) ��!! !_�,_<_ CONTo�;,COSTA CO. The undersigned claimant hereby makes claim aga nst the County of Contra Costa or the above-named District in the sum of $ 5,000,000 and in support of this claim represents as follows: 1. When did the damageior injury occur? (Give exact date and hour) December 20, 1993 2. Where did the damage or injury occur? (Include city and county) Merrithew Memorial Hospital 3. How did the damage or injury occur? (Give full details; use extra paper if required) Claimant was stuck with an AIDS infected needle while working as a nurse at Merrithew Hospital. 4. What particular act��or omission on the part of county or district officers, servants or employees caused the injury or damage? Claimant's injury was the result of inadequate training, suiDervision, follow-uo medical care and intentional concealment of a dangerous condition. D. wnat are the names of county or district officers, servants or employees causing the ca.rnge or in jury? Claimant's supervisors include Remi Bernardo. ------------------------------------------------------------------------------------ 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. Claimant has been exposed to an AIDS infected needle. She has suffered severe emotional and physical injuries. 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) Medical treament (estimated-) - $500,000 Emotional Distress $4,500,000 $. Names and addresses of witnesses, doctors and hospitals. N Remi Bernardo Merrithew Memorial Hospital 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT To date, Merrithew.his.--provided.testing for the virus. The exnen(litures .swill primarily occ'ur;;iri;Lthe future. _J .. Gov. Code Sec. 910:2 provides: "The claim must be signed by the claimant SEND NOTICES TO: (Attorney) or by sojne person on his behalf. Name and Address of Attorney Tracy D. Alexander, Esq.'' McCabe, Schwartz, Evans, Levy & Dawe 's Signature 2121 N. California Blvd. , #1010 Tracy D. Alexander Walnut Creek,.CA 94596 , Address Telephone No. (510) 934;6082 Telephone No. * V if 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 impriso..=r --nt 'and fine. 1. 33 CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA JULY 12 , 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 pursuanoGovernment Code Amount: Unknown Section 913 and 915.4. Please note lI CLAIMANT: DeBELL, Margene JUK' 2 1994 ATTORNEY: COUNTY COUNSEL 4'1ARTINEZ C,ALt F. Date received ADDRESS: 1052 Clearland Drive BY DELIVERY TO CLERK ON June 29 , 1994 Bay Point , CA 94565 BY MAIL POSTMARKED: June 28 , 1994 i, 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: �} ��1L �ep� tyLOR, 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: / �9 1�� BY: Deputy County Counsel 111. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as uintimely with notice to claimant (Section 911.3). 1V. BOARD ORDER: By unanimous vote of the Supervisors present (✓ This Claim is rejected lin full. ( ) Other: I certify that this is la true and correct copy of the Board's Order entered in its minutes for this date. Q Dated: 1k9g1PHIL BATCHELOR. Clerk, By X11, �� � _ , 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 sieposited 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 by \J � rQ Q om, Deputy Clerk G CC: County Counsel County Administrator 1 c X34 1. c o •= �s 0 to N� L .s7-Jv�� a pr/ rn c CD 0 F+'s Nqy v o � �+ N rC� Q o !�^ O 4 (� a 4 Claim 'to: BOARD! OF SOPERMORS OF CONTRA COSTA CX7UM 1 INSTRUCTIONS TO Cl An+SANT A. Claims relating to causes of action for death or for injury "a person or to per- sonal property or growing crops and Which accrue on or before December 31, 19879 must be presented not later than the 140th 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, 19869 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 X911.2,) E B. Claims mast be filed with the Clerk of the Board of Supervisors at its office in Room 146, County Administration Building, 651 Pine Street, Martinez, CA 94553, C. If claim is against a 'district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. , D. If the claim is against more than one public entity, ,separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at the end of this TO—rm RE: Claim By Reserved for Clerk's filing stamp Marnene De ell } RECEIVED saint the County fCbntra Costa ) 29 04 or HOUSING AUTHORITY OF THE COUNTY OF CLERK BOARD OF SUPERVISORS CONTRA COSTA i�i'�1�V10) CONTRA COSTA CO. Fill iii name The undersigned claimant hereby makes claim fu ainst the county of Contrin a Cot a or the above-reamed District in the sum of UnTnown this claim represents as fo]loWss 1, when did the damage or irIjur~y occur? (Give e%mot date and hour; March 10, 1994 3;00 2. Where did the e or injury occur? (Include city and county) 1052 Clearland Dry ve_�La,,y P_„o nt, CContra„Cosa-Count . -CA 94�6 . .� 3. How did the damage or{ injury occur? (Give full details] use extra paper if required) Tripped and fell on Hoose brick block, fell into fence and injured knee and face t��+w.r�w��.r-�rw���rsr-�r��.�.�+�»�•r-:w�wrrs�r�..�..��r�..�wrr..w-- ��rwwr�r���r�rr .4, What particular act or omissiozi on the part of county or district officers, servants or employees;icaused Vie injury or damage? Unknown at this time) P • 5. *What are the names of county or district officers, servants or employees causing the damage or injury? Unknown at this time. 6. What damage or injuries do you claim resulted? (Give !till extent of injuries or damages_ claimed. Attach two estimates for auto damage. i Fracture of nasal bone, abrasions on forehead_ 7. How was the amount claimed above computed? (Include the estimated ameunt of any prospective injury or damage.) Damages have not been determined. 11 a. Names and addresses of witnesses, doctors and hospitals. r Mt'. Diablo Medical Center, 2540 East Street, Concord, CA 94520 - Dr. Kevin Del Duca Dr. Bradford T. Prescott, 108 La Casa Via, Suite 102, Walnut Creek, CA 94598 -��-.--i.��---_- -��--�-- -------------------------------..----w---r���--�.-.--- 9. List the expenditures;Iyou made on account of this accident or injury: DATE. Im AMOUNT Not determined as of ' this date. Gov. Code Sec. 910.2 provides: "The claim must be signed by the claimant SEND NOTICES TOt (Attorney). or some person on his behalf." Name and Address of Attorney laiman s igmature 1052 Clearland Drive Address Bay Point, CA 94555 Telephone No. Telephone No. 510 458-4172 4 i i i i i i T a 9 921IF99 # 0 § 10 # 09i i i NOTICE Section 72 of the Penal Code provides: "Every person Who, With intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, city or district board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or Writing, is punishable either by imprisonment In the county sail 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 ( 10,0009 or by both such imprisonment and fine. i� i i A 1 .33 CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA JULY_12, 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: $1008,00 D Se tion 913 and 915.4. Please note all "Warnings". CLAIMANT:kc GOVERN, Karen 2 4 199 ATTOnNEr: COUNTY COUNSEL MARTINEZ CALIF. Date received ADDRESS: 68 Rolph Park Drive BY DELIVERY TO CLERK ON Jame 23, 1994 Crockett, CA 94526 BY MAIL POSTMARKED: June 21, 1994 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. �{ DATED: Bill �eputyLOR, Clerk I1. FROM: County Counsel TO: Clerk of the Board of Supervisors ( This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying / claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( elOther: "Fv%iy e.laav, IS cxh C.t.y►%.er.elvnePIf- off. G0.In c6ri►er c..14m . 1n -Fc-+o 't Inc C 1a:IW1 cCIMAelICS 5Ub5� L _uwi+h ScC-hd►,Js QKCJ Dated: BY: Deputy 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: PHIL BATCHELOR, Clerk, BY. oDeputy 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. VOL, 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 1 declare under penalty of perjury'.that 1 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: 9 BY: PHIL BATCHELOR by \1 , �" _ Oeputy Clerk CC: County Counsel County Administrator June 21, 1994 JUiV RECEIVED 2 3 199 N oo1JI � JUN 2 3199411 F2 CAUF. Mr. Brandon Baum CSR BOARD CONTRA OOSTA R ISORS Deputy County Counsel o. County of Contra Costa P.O. Box 69 Martinez, CA 94553 re: claim of June 15, 1994 Family Support Division Case #DR 680314 claim amount $1008.00 willful negligence, misrepresentation, and failure to enforce Mr. Baum: I am receipt of your rejection notice of June 17. I understand it is standard procedure for the County to reject claims before they proceed to lawsuit. I would have half expected, however, as was my original intent, to draw attention to an unacceptable situation and cause an investigation on your part. I would think the County would like to know when one of its' offices, charged with the enforcement of a court's orders and the law, is not doing its'job, and, further, is telling clients one thing when it actually has done nothing to uphold the public's trust. It is incumbent on the government of a county to protect and ensure the welfare.of its' residents, especially when it is looked to, and trusted, to so do. It is a county government's duty to correct any wrongs in this regard where they exist. Counsellor, in this particular case, for some urknovm rPa°Cn all rep!ies to date have been anonymous (I have one on tape in my answering machine as proof of this); the only name associated with my case thus far is a "Miss Lowenstein". As to date, the last processed by the Family Support Division was on March 30, 1994, but it was not as a result of Contra Costa County's enforcement, it was money forwarded to it by Sonoma County District Attorney Family Support. Contra Costa County has had jurisdiction over the matter since January 1994. "Team One" in Family Support was made aware of my not having received funds on or about April 15, 1994. Disability should have been collected bi-weekly during April, May, and June of 1994, and forwarded to me by those offices, for a current total of 6 payments of$168.00 each, for a total of $1008.00. Is that specific enough? I am asking that funds be issued elsewhere to compensate temporarily for moneys readily accessible, that Family Support Division was supposedly collecting (and telling me they were), in the interim, while that office corrects the procedural errors and inactions that caused cessation of collections. This is not an unjustified request, and is really the only ethical and right thing to do. Employees of the County made mistakes here, then deliberately told me otherwise (June 2: "The matter has been resolved"), adding to the severe hardship, stress, emotional pain and suffering, and physical detriment (due to malnutrition and stress) caused to me and my children by these events. I again request the County look into the matter, and reconsider my claim. I feel I am forced to take this avenue to recover the funds I trusted and relied upon the Family Support Division to collect, which it didn't, as I cannot receive a reply from them as to if, or when, I may expect them to correct t'?eir errors and for:vard the money. I cannot adequately support my family on my modest public sector salary without this support. I counted on Family Support to protect, intercept, and forward my court-ordered support, which must be done via wage assignment to shield it from senior liens against the father. Is this too much to ask? Your reconsideration, action, and reply will be appreciated. Thank you, govern Claimant cc: Ms. Pam Sawyer, Supervisor Jeff Smith's office Supervisor, District 2 t2 u���npd p Ali •„ cn fit! F v r ''s r J OFFICE OF COUNTY COUNSEL DEPUTIES: CONTRA COSTA COUNTY PHILLIP S. ALTHOFF u' SHARON L. ANDERSON »'k BRANDON D. BAUM COUNTY ADMINISTRATION BUILDING ANDREA W. CASSIDY a-= VICKIE L. DAWES P.O. BOX 69 MARKE S. ESTIS VICTOR J. WESTMAN MARTINEZ, CALIFORNIA MICHAEL D. FARR COUNTY COUNSEL 94553-0116 LILLIAN T. FUJII DENNIS C. GRAVES SILVANO B. MARCHESI TELEPHONE (510) 646-2074 GREGORY C. HARVEY ARTHUR W. WALENTA, JR. FAX (510) 646-1078 KEVIN T. KERR ASSISTANTS EDWARD V. LANE, JR. MARY ANN M. MASON PAUL R. MUNI Z June 17 , 1994 VALERIE J. RANCHE DAVID F. SCHMIDT DIANA J. SILVER VICTORIA T. WILLIAMS NOTICE OF INSUFFICIENCY AND/OR NON-ACCEPTANCE OF CLAIM TO: Karen McGovern 68 Rolph Drive Crockett, CA 94525 RE: CLAIM OF: June 15, 1994 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: [X] 1 . The claim fails to state the date, place or other circumstances of the occurrence or transaction which gave rise to the claim asserted. [X] 2 . The claim fails to state the name (s) of the public employee (s) causing the injury, damage, or loss, if known. VICTOR J. WESTMAN, County Counsel By: Deputy County Counsel 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 17, 1994 at Martinez, California. cc: Clerk of the Board of Supervisors (original) Risk Management (NOTICE OF INSUFFICIENCY OF CLAIM: GOVT. CODE §§ 910, 910.2, 920.4, 910.8) CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA JULY 12, 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..91,5:4 rPilease note all "Warnings". CLAIMANT: MCGOVERN, KarenJUA ATTOaNEY: COUNTY COUN3EL Date riegWIedIEZCALIF. ADDRESS: 68 Rolph :Dr BY DELIVERY TO CLERK ON June 15 , 1994 Crockett, CA 94525 Hand Delivered BY MAIL POSTMARKED: 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. ppg11 D eutLOR. ClerkDATED: py( 11. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) this claim complies substantially with Sections 910 and 910.2. ( to 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: Lq / `► BY: . Z2 Deputy 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). 1V. 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 geposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For additional warning see reverse side of this notice. AFFIDAVIT OF MAILING 1 declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United 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 Deputy Clerk CC: County Counsel County Administrator +1-510-827-2593 ENIGMA LOGIC INC. 907 P02 JUN 15 '94 15:23 -KAI- WEN#WA L040 RECEIVED maw 2151 Salvio Street, Suite 301 JUN 15 10 00- Concord, CA 94520 USA 510 827-5707 CLERK BOARD OF Su ERViSORS TiAA COSTA CO CON MAX MESSAGE DATE: June 15, 1994 QJ6 b 7.7 777, 7�. t PAGES: 2, including this! Rokpk -bv- CX6 C_J<-e-:'rt 9 SUBJECT: Case #680314 No Support Processed Since March To the Supervising Officer: I have been deliberately lied to by support officers under your supervision, who, in order to cover the fact they not only did nothing to handle my case, but failed in the performance of their duties,specifically by a)failing in a timely manner to transfer the case and institute proper paperwork necessary to duplicate existing collections in the new jurisdiction, from readily available and accessible sources, b) failing to flag, collect, and distribute assignments on Disability benefits, c) committing clerical errors which would further prevent the same, and d)informing me on June 2 that they had in fact done all of the above and "the matter was resolved!'which in fact was, and is,-a complete fabrication, deliberately misleading, and grossly negligent. To date, since the last payment was forwarded through the Auditor Controller,apparently from Sonoma County, I should have received by now $1008 in support payments, money I have to have in order to support my children. I cannot get by without it. This case was assigned with reliance and trust upon this agency of the County, and said agency is negligent in its performance. I am hungry,broke, and now, angry. I have been misled, deceived, and starved by placing my trust in the Family Support Division of the District Attorney's office. I am receiving no resolution, satisfaction, or compensation. I do not see any hope of receiving any money through your offices, and it appears that the last three months' support is simply lost to bureaucratic incompetency. Therefore, I am now led to file a claim with the Risk Mangement JUN-15-1994 15:29 +1 510 827 2593 96% P.02 +1-510-627-2593 ENIGMA LOGIC INC. 907 P03 JUN 15 '94 15:24 B%MGMA LOGC June 15, 1994 Page 2 division of the County Administrator, as a prelude to seeking damages against the County, the offices, and personnel involved in this matter, as well as bringing the case and its' handling to the attention of the media. I will, however, waive all claim against the County if I am forwarded a county warrant in the above amount immediately, if necessary, from the General Fund. There is absolutlely no,excuse whatsoever for the incompetency,negligence,and lassitude that has pervaded the mishandling of this very simple,very collectable case. There is no justifiable reason to make a family suffer like this needlessly. A reply from yourselves, Mr. Yancey, or the Risk Managment office will be appreciated. Sincerely, Karen Me Govern cc: Gary Yancey, District Attorney County Administrator, Risk Management Martinez Bureau, Contra Costa Times JUN-15-1994 1529 +1 510 827 2593 96% P.03 +1-510-827-2593 ENIGMA LOGIC INC. 907 P01 JUN 15 '94 15:2.5 `MB%Wt1/L4 LOGC 2151 Salvio Street, Suite 301 Concord, CA 94520 USA 510 827-5707 FAX MESSAGE DATE: June 15, 1994 �'O f a n .,A rr xtistr t©> f F> f NC:f r ri e V f.';F : - ^r L -Is—.Mrr+rrrrr4r rrrlWh 1YMY'L CC) ' ' t nljr a Cofxa a�sta 4 (\j iStfict7�Af1ttca(rn�aeo //y� ily Y. .M�Y. +3ISY'IZLy'V.Y�.MYrAr Iwwww r MMM��r T1'TLE` �sJ M�r� m nt 'TrrA Llv.r�_ --- �t y �Y�Y fah V �`�+�--��rr�+— sir b.rL'6..i'rrrrrrrr rrr PAGES: 3, including this! SUBJECT: Claim A. ainst District Attorney Family Support, Gross Negligence and Case Mismanagement �.,n H�rVeY SUN 1 41994 JUN-15-1994 15:28 +1 510 827 2593 96% P.01 s CONFIDENTIAL COUNTY COUNSEL'S OFFICE CONTRA COSTA COUNTY MARTINEZ, CALIFORNIA MEMORANDUM Date: July 6, 1994 TO: Shirley Casillas Clerk of the Board of Supervisors FROM: Victor J. Westman, County Counsel r.�) o 4) By: Brandon Baum, Deputy County Counsel VJ� Re: Claim of Karen McGovern Ms . McGovern has sent me the enclosed additional information regarding her claim. It should be considered with the rest of her claim material . Let me know if you have any questions at 6- 2041 . Thanks . a JL41 1 05 fg�� June 30, 1994 SAA i I-c q� e, Ufi Mr. Brandon Baum Deputy County Counsel County of Contra Costa 651 Pine Street Martinez, CA 94553 re: Mc Govern vs. County of Contra Costa claim against District Attorney Family Support Division DR Case #680314 amount due $1008.00 Dear Mr. Baum: In following through with supplemental information your office indicated it required to consider, or reconsider, my claim for the amounts of money not forwarded me through the Family Support office due to negligence, errors, and omissions on their part, I wish to direct you to Ms. Karen Rogers, at Family Support. She has put together the various facts of the case, and I am currently corresponding with her in the matter. She assures me that this time the situation has been "corrected" (something I have been told before, back on June 1.which was entirely untrue). What she is also telling me, however, is that intercepts which should'have been placed months ago will only commence with the upcoming disability payment. This does not cover the months that Family Support had the case after Sonoma County terminated their jursidiction, at which time it was rightfully expected that Contra Costa had their paperwork in order and their flags in place. At very worst, Family Support should have issued all pertinent orders and directives at the beginning of May, when I began calling, faxing, and corresponding about ccssation of support payments. Again, this is very clearly failure to act properly or in a timely manner on the County's part, and I strongly believe I am entitled to payment from the General Fund to compensate for the mistake, and the County may recover the funds after the fact from State Disability. I have suffered enough! The letter, enclosed, illuminates the pertinent points of the matter further, and clarifies facts in support of my claim. I believe it will help you better understand. In advance, I thank you for your consideration and prompt action to effect settlement. Sincerely, 5 190L. 10, .:OUlV7V I�9 COUe June 29, 1994 �1ARTIMEZCALIF. Ms. Karen Rogers Team One Contra Costa District Attorney Family Support Division 50 Douglas Drive Suite 100 Martinez, CA 94553 re:680314 Mc Govern vs. Kohs Dear Ms. Rogers: After having spoken with you personally regarding the various delays involved in Contra Costa's end of commencing collections on this transferred case, I am satisfied I have received an explanation of circumstances and events, however, I am still not in receipt of any funds, checks that, had all steps been taken in a timely and correct manner, would have been paid to me twice monthly these last three months. I am due $1008 at this point, none of which has been received to date. The borrowed truck.1 was using has developed a bad water pump, possibly a cracked block, and clutch problems. My car is sitting in the garage, engine blown. I am again down to barely two days' food with no backup staples or provisions. My rent is due, and I don't have a prayer of making it all, and this month, have no where I can borrow from at all. 'I still want the $1008. I needed it months ago. One half months' payment is not a satisfactory resolution to the matter; blaming the father because your department failed to forward withholding from his disability payments and calling it "arrears" for which he is liable is shifting blame, and he can appeal it. I reiterate again THIS IS NOT, AND HAS NOT BEEN FOR SOME TIME, A VOLUNTARY-PAYMENT DEFAULT CASE --- IT IS A PROTECTIVE WAGEJBENEFIT ASSIGNMENT. It is not in your hands because he didn't pay, it is placed under your jurisdiction to protect court-ordered support from senior liens, most having to do with taxes. Additonally, he is not just temporarily off the job, he is permanently disabled. These factors change the nature of the case considerably,yet are persistently ignored. Moreover, the bureaucratic lapse is not this individual's liability, it is, as I have consistently maintained, the County's mistake, and, pending the slow and eventual recovery of the lost funds (which were still coming,out of his checks and going God knows where), the County should pay. It is the County's liability. If the father were receiving his full due, assuming he has full mental capacity (which, due to the nature of his illness, he does not), and willfully withheld amounts he should have forwarded to you in the absence of garnishment, that would in fact be entirely different than the true facts of the matter. In summary, I am again making claim on the County of Contra Costa for the missing payments that should have been collected, and I must receive these funds immediately. Further delays add to the pain and suffering my family is suffering, not because of the father's negligence, but the County's. Please forward a warrant from the Auditor-Controller in the above amount to me at once. The County's voluntary cooperation is settling will be greatly appreciated. Thank you, rn 1 In . \T� i �. '' zt1 :✓ } ' V � V l4 1 .33 i --: CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA JULY 122 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. Pleasenote all'r"Warn;ings". CLAIMANT: MCLAIN, Jeremy Joseph ATTORNEY: Gregory M. Doyle Esq. COUNTYCOUNSEL Date received MARTINEZCALIF. ADDRESS: 200 Webster St. , Ste. 200 BY DELIVERY TO CLERK ON June 15, 1994 Oakland, CA 94607 BY MAIL POSTMARKED: June 14, 1994 Certified Mail 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. QQ IL ATCHELOR, Clerk DATED: 9 Bq: �eputy , 11. FROM: County Counsel TO: Clerk of the Board of Supervisors (V� This claim complies substantially with Sections 910 and 910.2. r ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). Other: Dated: tAn.a_ LQ �� '1 BY: (3 Com— Deputy County Counsel Ill. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). 1V. 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: 90,4 PHIL BATCHELOR. Clerk, By A. �, Q 0._ , 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 Aeposited 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:_�.91 T� q q BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator Claim 3.o: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT A. Claims relating to causes of action for death or for injury ...o 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 an 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 orm. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * f * * * * * * * * * * * * * RE: Claim By ) Reserved for Clerk's filing stamp Jeremy Joseph McLain ) RECEIVED Against the County of Contra Costaor SUN 1 510 :1 District) CLERK BOARD OF SUPERVISORS Fill in name ) CONTRA COSTA CO. The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ cnRptribA ion & and in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact date and hour) Tuesday November 16, 1993 at 7: 15 a.m. 2. Where did the damage or injury occur? (Include city and county) In the crosswalk at the intersection of Pacheco Blvd. and DeNormandie Way in An unincorporated area of Contra Costa County. 3. How did the damage or injury occur? (Give full details; use extra paper if ~ required) Automobile v. Pedestrian accident. 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? Dangerous condition of public property and negligent provision of public services (see attached complaint) . (over) 5. What are the names of county or district officers, servants or employees causing the damage or injury? Unknown. See attached complaint. 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. Claimant is seeking contribution, indemnity and declaratory relief with respect to all damages sought by plaintiff (see complaint) . 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) See number 6 above. 8. Names and addresses of witnesses, doctors and hospitals. See attached police report. 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT See attached Local Rule 5(g) statement filed by plaintiff's counsel. lGov. Code Sec. 910.2 provides: "The claim must be signed by the claimant SEND NOTICES T0. (Attorne ) dor ome person on his ." Name and Address,of-Attorney Gregory M. Doyle; .Esq.('- Bar 492155 KINCAID, GIANUNZIO, CAUDLE & V(Cai s tune200 WebsterStreet, Suite 200 r oe;. _ s Oakland, CA 94607zi audle.:...& Hubert (510) 465-5212 Address 200__Webster..Street, Suite: 200 Oakland, California 94607 Telepnone No. (510) 465-5212 1 Tzlephore No. (510) 465-5212 ! • • V 9 * * * * * * * * NOTICE Section 72 of the Penal Code provides: "Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, city or district board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is punishable either by imprisonment in the county jail for a period of not more than one year, by a fine of not exceeding one thousand ($1,000), or by both such imprisonment and fine, or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars ($10,000, or by both such imprisonment and fine. MAY-24-94 TUE 16:01 INTERSTATE IND FAX NO. 5108327413 P. 03 I WALTER H. WALKER III (State Bar No. 63117) DANE T. DURHAM (State Bar No. 6568 5) 2 PHILIP A. OLSEN (State Bar No. 67031) LAWOFFICES OF WALKER AND DURHAM 3 50 Francisco St. , Suite 160 -2 A 0- 34 San Francisco, CA 94133 4 Telephone: (415) 986-3339 5 Attorneys for Plaintiff r. K 6 T"IthE LEE t in;r SUPERIOR COURT OF THE STATE OF CALIFORNIA 7 COUNTY OF CONTRA COSTA 8 DARLENE BONANNO, by and 10 through ROBERT BONANNO, her guardian ad litem, 4 o 0 5 1 o ti Case No. Plaintiffs, 12 COMPLAINT Va. 13 COUNTY OF CONTRA COSTA, 14 JEREMY JOSEPH MOCLAIN, JENNIFER JUNE KIMBERLY, Name(LOM MJLE 5) 15 CONTRA COSTA COUNTY TRANSIT AUTHORITY, KAISER FOUNDATION THIS CASE 13 ASSIGNED To HOSPITALS, THE PERMANENTE DEPT ___hqr AND COMES 16 0 LINDER G vERNmrtjr, MEDICAL GROUP, INC:, KAISER VERNMENTCODE 68600 17 FOUNDATION HEALTH"PLAN, INC. , ROBERT DUNCAN, -MELVIN E. & L. Is WILLIAMSON TRUST, and DOES 1 171 through 100, Defendants. 20 21 Plaintiff alleges: 22 ALLEGATIONS COMMON TO ALL CAU139S OF ACTION 23 1. Plaintiff Darlene Bonanno in an adult now rendered 24 incompetent and unable to speak or act on her own behalf, and for 211 whom plaintiff Robert Bonanno has been appointed guardian ad 26 litem. 27 281 LAW oftsm d Walker&Durham Fft Froft&w 9"SON 160 Sn NW00%CANO"On 94M MAY-24-94 TUE 16:02 INTERSTATE IND FAX NO. 5108327413 P. 04 2. Defendants county of c*ntra. covta and contra costa 2 county Transit huthority. are government entities. Plaintiff has 3 Complied with the applicable claims statutes. Plaintiff's claim 4 was denied in writing by the defendant County of Contra Costa on 5 or about January 4, 1994, and by the defendant Contra Costa County 6 Transit Authority by operation of law on or about January 25, 7 1994. 8 3. Defendants Kaiser Foundation Hospitals, The Permanents 9 Medical Group, Inc* , and Raiser Foundation Health Plan, Inc. are 10 corporations organized and existing pursuant to the laws of the 11 state of California. Said defendant% own and operate hospitals 12 and other health care facilities throughout the State of 13 California, including a facility located in Contra costa County JA known as Kaiser Permanente Medical Center. Said defendants 15 are generally engaged in. the practice of medicine in contra Costa 16 County. 17 4# Defendants Jeremy Joseph McClain and Jennifer June 19 Kimberly are individuals living in contra costa County. 19 5. Defendant Robert Duncan is an individual living in 20 Contra Costa County. said defendant is licensed by the California 21 Public Utilities Commission to do business as a common and 22 contract carrier and does such business in Contra Costa County. 23 6* Defendant Melvin B. & L. Williamson Trust is a legal 24 entity located in Lafayette, Contra Costa County, and is the owner 25 of certain real property Identified by the Contra Costa county 26 Assessor as APN # 380-240-09, located on the east side of Pacheco 27 2 28 Law ORtm d WaUr&Durham F*Fn wbm 31,Me 160 am&#r4ik4%C&NOMID 941M KAY-24-94 TUE 16:02 INTERSTATE IND FAX N0. 5108327413 P. 05 I Boulevard immediately south of the intersection. , ate► 2 �Si154 �K ��3ris�iti�9cE7� la!fir 3 7. Plaintiff is unaware of the true names and capacities of 4 the defendants sued herein under the fictitious names of Does 1 5 through 100 inclusive. Plaintiffs will amend this complaint to 6 allege their true names and capacities as soon as they have- been T ascertained. Each of the fictitiously named defendants is in some p way legally responsible for the injuries suffered by the plaintiff F as alleged herein. 10 8. At all times herein relevant, each defendant was an 11 agent for each of the other defendants and was at all times acting 12 within the course and scope of such agency. i3 9. This court is the proper court because at least one 14 defendant resides in its jurisdictional area, the principal place 1 15 of business of a corporation or unincorporated association its in 16 its jurisdictional area, and injuries to the plaintiff occurred in it its jurisdictional area. 10. on or about -Navembernafou"- 9-4wr at approximately 7:15 19 a.m. , plaintiff, a mentally retarded adult, ' wa_sPmnwrvute '-eEoot 20 Plaintiff intended to board a bus operated 21 by defendant Contra costa County Transit Authority at its regular 22 stop on the east side "of Pacheco Boulevard near its intersection 23 with De Normandie Way. ' In order to get~ to said bus stop, 'it was 24 necessary for plaintiff to" crora "h-scomHoul-"ard. 25 11. on the occasion of the plaintiff's injuries as alleged 26 herein, plaintiff's route from her residence to-the bus stop 271 3 28 f t.w'M'"et Walker&Durham Fft Fmhc%w 5+,5WW 360 .4Y1Fn��dlkwNa MAY-24-94 TUE 16:03 INTERSTATE IND FAX NO 5106327413 P. 06 I required her either to cross Pacheco Boulevard at the intersection 2 with Morello Avenue, and then to proceed along the east side of 3 Pacheco Boulevard, over unpaved, uneven, and potholed ground; or A to proceed along the west side of! 8og , v_a �* rps's�alik s .l c�zm nudi�a of xonrt > r e: si 3 . on 6 that occasion the route via the east side of .Pacheco Boulevard was 7 blocked by one or more large trucks and/or trailers parked along g the east side of Pacheco Boulevard. Said. trucks belonged to and 9 were parked by defendants Duncan and Does 1 through 10, inclusive, 10 with the permission of defendants Melvin E. .& L. Williamson Trust, 11 and Does 11 through 20. Plaintiff was therefore forced to cross 12 Pacheco Boulevard at its intersection with De Normandie Way in 12 order to reach the aforementioned bus stop. 14 12. Because of plaintiff's condition, plaintiff was unable 15 to appreciate the danger Inherent in attempting to cross Pacheco 16 Boulevard at its (intersection with De Normandie Way during the 17 morning commute hours. 18 13. At the time and place referenced above, plaintiff 19 Darlene Bonanno +sa11 � enby. sf+ udar�t 20 sE��lkli€t"s7L`: [�m231� 1�Y $_ nt _cs. +H� r�+-;nrr,.+ .•.,..sar� 21 Pcsoowasrs�e +xftasn ee ndfeey. 22 14. As a result of the facts alleged herein, plaintiff has 33 suffered severe .personal injuries, the exact nature and extent of 24 which are currently unknown to plaintiff. 25 15. As a further result of the facts alleged herein, 26 plaintiff has incurred medical, nursing, attendant, and care 27 4 28 Lw.O@cu of Walker&Durham FftFr.newoS+..rwfre 160 �.n r16WVC,Wla+Ja KAY-24-94 TUE 16:03 INTERSTATE IND FAX NO. 5108327413 P. 07 C I I expenses in a sum currently unknown to plaintiff, out exceeding 2 $200,000. Further, plaintiff will in the future continua�to incur 3 medical expenses in amounts unknown to plaintiff. 4 16. As a further result of the facts alleged herein, 3 plaintiff. has been prevented from attending to her usual 6 occupation and will in. the future continue to be unable to attend 7 to said occupation. Plaintiff is informed and believes that she 8 is permanently totally disabled as a result of the facts alleged 9 herein. 10 17, As a further result of the facts alle 7 ad herein, 11 plaintiff has endured great pain, suffering, and emotional 12 distress, and has therefore incurred general damages in an amount 13 within the jurisdiction of this court. 14 FIRST CAUSE OF ACTION 15 (Motor Vehicle Negligence) 161 18. Plaintiff hereby realleges and incorporates as if fully 17 set forth herein all of the allegations of paragraphs I through 17 18 hereof. 19 19. At all times herein relevant, defendants Jeremy Joseph 20 McClain and Jennifer June Kimberly were- negligently operating 21 motor vehicles, owned by them and Does 21 through 25g4nolusivia. 22 . 20. The inJuries -sustained by the plaintiff as . alleged 23 herein were legally caused by the negligent ownership and 24 operation of motor vehicles by said defendants. 25 26 27 28 LAW MAI 61 Walker&Durham MY F,w 3L,Swna NO San rf&ndm cawoffalk 94133 • MAY-24-94 TUE 16:04 INTERSTATE IND FAX NO. 5108327413 P. 0$ SECOND CAUSE OF ACTION 2 .(Negligence Per Se) 3 21. Plaintiff hereby realleges and incorporates an if fully A set forth herein all of the allegations of paragraphs I through 19 5 hereof. 6 22. At all times herein relevant, defendants Jeremy Joseph 7 McClain and Jennifer June Kimberly were negligently operating 8 motor vehicles in violation of: secti n 22350 of the California 9 Vehicle Code and other statutes. 10 23. Plaintiff is a member of the class of persons sought to 11 be protected by the statutes referred to in the preceding 12 paragraph. The injuries suffered by the plaintiff as alleged 13 herein are the kinds of injuries sought to be prevented by said 14 statutes. 15 24 . The injuries sustained by the plaintiff as alleged 16 herein were legally caused by the negligent operation of motor I;r vehioles by said defendants. THIRD CAUSE OF ACTION 19 . (Dangerous Condition of Public Property) 20 25. Plaintiff hereby realleges and incorporates as if fully 21 set forth herein all of the allegations of paragraphs I through 17 22 hereof. J. 23 26. Defendants County of Contra Costa, Contra Costa County 24 Transit Authority, and Does 26 through 40 are the owners of the 25. property consisting of Pacheco Boulevard and a bus stop and 261 waiting area adjacent to Pacheco Boulevard tear its intersection 27 6 23 Law ORLIN of Wacker&Durham MY Imr4LOW St.50a 160 5W hwoom ciblowls 94133 .40 MAY-24-94 TUE 16:04 INTERSTATE IND FAX NO. 5108327413 P. 09 I with Do Normandie Way. 2 27. At all times herein mentioned, said property was in a 3 dangerous and defective condition, in that, among other things, it A was located so as to expose bus patrons to the risk of physical 5 harm. - 6 28. Plaintiff's injuries were caused by the dangerous and 7 defective condition of said public property. 8 FOURTH CAUSE Or ACTION 9 (Negligent Provision of Public services) 10 29. Plaintiff hereby realleges and incorporates as if fully 11 set forth herein all of the allegations of paragraphs I through 17 12 hereof. 13 30. Defendant Contra Costa County Tranait Authority is the 14 public entity charged by law with the responsibility of providing 15 public transportation in Contra Costa County to the public, 16 including disabled persons such as the plaintiff. Said defendant 17 affords persons such as the plaintiff with special privileges in 18 connection with its provision of transportation'to them, and 19 receives special benefits as a result thereof. . . 20 31. At all times herein relevant defendant Contra Costa 21 County Transit Authority know or should have known of the 22 plaintiff's disabilities. Said defendant was further aware of tho 23 following facts: 24 a; The bus stop located on the east aide of Pacheco 25 Boulevard at the intersection of Pacheco and De Normandie served 26 patrons living on the west side of Pacheco Boulevard. 27 28 1AW 014"1 of Wa&er&Durham Filey ksrwi.eo S1.Butte 160 - 94137 b. Vehicles travelling on Pacheco BouleVard. where 2 plaintiff was injured were commonly driven .at rapid and/,Or 3 excessive rates of speed during the early morning rush hours, such A as the time when the plaintiff was injuredl 5 a.- The area of Pacheco Boulevard where the plaintiff 6 was injured was the site of prior ,vehicular accidents, including 7 accidents involving pedestrians; d. The area of Pacheco Boulevard where the plaintiff was injured was a major thoroughfare for vehicular traffic, as 10 wall as the location of a bus stop used by persons waiting for 11 buses operated by defendant Contra Costa county Transit Authority; 12 8. Persons proceeding from the West side of Pacheco 13 Boulevard to said bus stop often crossed Pacheco Boulevard at 14 1 Do Normandie Way because of the location of the bus stop. 15 f. Membera -of the general public had proclaimed that 16 changes and modifications in procedures, design and construction 17 were needed and warranted in and about the area of the bus stop in 18 order to insure the safe passage of pedestrians, including persons 19 such as the plaintiff, from the wast side of Pacheco Boulevard to 20 the east side therl0f. 21 32. - At all times herein mentioned, defendints Contra Costa 22 County, Contra Costa County Transit Authority, and Does 26 througl 23 40, negligently failed to warn plaintiff of the dangers inherent 7. 2A in crossing Pacheco Boulevard at and near its intersection with D 25 NoTmandie Way, negligently failed to provide plaintiff and other 26 members of the public with a safe means of access to public buses 27 28 UO Offkto of Wa&a&Durham s...160 "133 nT PTt7)?Pqnyq rxi yH4 nMT 7UMIC"IMT cn-OT anT t7p—j,7—IWIJ MAY-24-94 TUE 16:06 INTERSTATE IND FAX NO. 5108327413 P. 11 I failed to properly instruct and supervisQ plaintiff with respect 2 to safe access to said bus stop, and failed to exercise ordinary 3 and due care in protecting the safety of the plaintiff, and 4 negligently provided service to the plaintiff. 5 33. Plaintiff's injuries as herein alleged were the result 6 of said defendanits negligence as described herein. SIXTH CAUSV OF ACTION (Medical Malpractice) 9 . 34. 'Plaintiff hereby realleges and incorporates as if fully 10 set forth herein all of the allegations of paragraphs I through 17 ii hereof. 12 35. At all times herein mentioned# plaintiff Darlene Bonanno 13 was a subscriber to a prepaid health plan, generally known as the 14 Kaiser Foundation Health Plan, originated, sponsored, maintained, 15 and supervised by the defendants Kaiser Foundation Hospitals, The 16 Permanente Medical Group, Inc. , Kaiser Foundation Health Plan, 17 Inc. , and Does 81 through 90, and said plan entitled plaintiff to jai medical care, attention, and other benefits. 19 36. On or about November 16, 1993, plaintiffwas a patient 20 of defendants Kaiser Foundation Hospitals, The Permanente Medical 21 Group, Inc. , Kaiser Foundation Health Plan, Inc. , and defendants 22 Does 81 through -loo, at defendants' health care facility located 23 in Martinez, Contra Costa County, California. 24 37. on or about November 16, 1993, defendants Kaiser 25 Foundation Hospitals, The Permanente Medical Group, Inc. , and 26 Kaiser Foundation Health Plan, Inc. , and Does 90 through 100 27 9 28 LM Offt"of Nalker&Durham ;*v R MAY-24-94 TUE 16:06 INTERSTATE IND FAX N0, 5108327413 P. 12 C I carelessly and negligently examined, diagnosed, treated, 2 prescribed for, and cared for plaintiff;. said defendants further 3 provided hospital, medical, surgical, nursing, ambulance, and 4 laboratory services, care, and attention in a careless and 5 negligent manner; and said defendants carelessly and negligently . E 6 failed to properly diagnose,-- treat, and prescribe for plaintiff. 7 38. Plaintiffts injuries described herein•were the result of a the medical malpractice of the defendants referred to in this q cause of action. 10 SEVENTH CAUSE of ACTION 11 (Blocking Public Thoroughfare) 12 39. Plaintiff hereby realleges and incorporates as if fully 13 set forth herein all of the allegations of paragraphs I through 17 1d hereof. 15 40, Defendants Robert Duncan, Melvin E. & L. Williamson 16 Trust, and Dees I through 20 negligently owned, parked, and 17 permitted to be parked, the trucks and tarailers'described 18 hereinabove on the east side of Pacheco Boulevard so as to block 19 public access to the bus stop described herein and so as to cause 24 the plaintiff to attempt to cross Pacheco Boulevard at its 21 intersection with De Normandie Way rather than at the intersection 22 'With Marello Avenue. 23 41. The plaintiffis 'injuries were caused by said negligence 24 of the defendants. 25 26 27 10 28 Wa&er&Durham Pre_ 51..Saul MAY-24-94 TUE 16:06 INTERSTATE IND FAX N0. 5108327413 P. 13 1 WHEREFORE, plaintiff prays judgment against the defendants, 2 and each of them, as follows: 3 I. For compensatory damages according to proof. 4 2. For coats of sunt herein incurred. 5 3, For such other and further relief as the court deems 6 proper. 7 8 DATED: January 31, 1994 LAW OFFICES OF WALKER & DURHAM 9 ! To By.. t 11 PHILIIJ A. OLSEN Attorneys for Plaintiff 12 13 14 i5 • 16 17 i8 19 20 21 22 23 24 25 26 27 ll 28 t"Of"of Walker&Durham Shun F t1Kq C.ttlamla h-V-24-94 TUE 16:07 INTERSTATE IND FAX NO. 5108327413 P. 14 I WALTER H. WALKER, III (STATE BAR *63117) DANE J. DURHAM (STATE BAR #65685) 2 PHILIP A. OLSEN (STATE BAR #67031) LAW OFFICES OF WALKER & DURHAM 3 50 Francisco Street, Suite 160 San Francisco, California 94133 A Telephone: " (415) 986-3339 Facsimile: (415) 986-1628 Attorneys for Plaintiff 6 7 9 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA, 10 IN AND FOR THE COUNTY OF CONTRA COSTA , 11 12 DARLENE BONANNO, by and CASE VO- : C94-00510 through ROBERT BONANNO, her 13 guardian ad liten, LOCAL P.ME 5 (9) STATEMIMT 14 Plaintiff, 15 vs. 16 COUNTY OF CONTRA COSTA, -1Q-t- all, 17 Defendants. 18 19 20 Pursuant to Local Role 5 (g) plaintiff hereby claims the 21 following: 22 a) Darlene B. Bonanno; DOB 10/l/58; S.S.#: 553-03-3918 23 b (i) Total loss of earning capacity was $160 per week 24 (ii) Motel 6, chambermaid by and through Futures Unlimited, Lafayette, California 25 . (iii) Medical expenses in excess of $200,000 and 26 ongoing. medical and nursing expenses wi lt for the rest of her life as she is incapable 27 for herself in any way. 28 Walker&Durham FtF'Mvuea a..But"tw N''�`;-24-94.TUE 16:07 INTERSTATE IND FAX N0. 5108327413 C i c) (i) Brain damage 2 (ii) Kaiser, Martinez John Muir Medical Center, Walnut Creek 3 Guardian Foundation of Concord, Walnut Geek 4 { {`iii) Raiser, Martinez John Muir Medical Center, Walnut, Creek 5 { b { 7 a DATED: February 23, 2994 LAW OFFICES OF WALKER & DURRAA14 10 WALTER 1. W LKER, �,---_ 11 12 13 14 15 16 17 18 _. 19 l 24 21 22 23 24 25 26 27 28 i -2- &&er 8c Durham , ft,I-,*-Fd,Sofh160 sm+hnnaw�cana„ro I p spy 2 9 1493 : fTAt'a 0/tlSlIOISRA • ., .�..�f�•!'.-•w.f �^J•K,.:.. TRAF C`COLLISION REPORT For r _. SPSCLAL eOwor /RLw a" also" � t 's' "new in•mLma @Nowiimenl�L�U�elO � '• ob AorAj PAAtYoww tri uaarsa AARfar oaagOL/falm mEe 7 Acc o.co WWIR a(MRST,MOGIs.LAST E • • . Pt DAL TAasT ADORass O W.4"MAYA 0aAYa As OArvaA Tl%AN ❑ 7 S/�' /J ' Dir.'/•CSG- S? - PAAAaO CrtY I RATS/ar Ow..alrt Amwass AYa As o.avER va»cu mrcY• sl1l rulA arms rMAOMf wwow IIRTHOATI _ RAU NSPO0nOMWVLIlCLIOMOADaAaO/. PACIR Ar Ex O cusT _ U ❑ THQ OTHER Nom&naw /J muaouss MONK PRIOR (s•O ) ,Zo- yf�O (s��) � rECMAtiCAL Da1'mC7! IM MOA/fAll may"TO NA1gAT ❑ fllma 370 — 9S GM►ut/o•aY oaaclssa roattl DAaIA" SKAOI N OAAU44D ARIA wsuRANCA CAApER POLICY HAWSER vnaeu Trn � ❑vac Draw ❑"T'OA �1 Te.`,lei �C 1'v��iHti T' 7YC� �O C r� 'i oa ❑rA�ow QmT,u ool OP jONWTR&9TOA"GIf*AY SPIED Pcr IcC Q TRAVEL PARTY 011lvtors uclMta NuYaER Fuc C3 aTATa ClAss aA/ETV ran TLAA WA"J rooaLi COLOR cxsa NlwtsER RTA" 2 COUP. DRIVER NMI(RAST.MDOLm,LAST) "z—c-Y 17A.. L RUT ADORISS - OwMa"MAYA AS oMlu Q ►AAAID sTATs/a► ^ ObTdR1 AOORiam u DRiru i IKY• an MMR aro 7ffj VIDOW IRO. .01R MOATI, Yw MGs ms OPT7Oft O/vaMUs ON OAOLAS o► �'�OfMu oR1ras (3OTHa OF Yv -�r .4� u OT1.aR MOEEI rMON/ �f G suasacss narAt PRIOR N9CMAMCAL 9IFICM raNs AFPAAINT REFEA TO NAARATA'm❑ ❑ („C7 0) 3/ — 7 r Y l (-s7�)(J'O — 7e7- a,r Lia.MT OMA sm ra)OCLS OAYADm {C� 6MO a M OAYAGLO MIA ws A CAPJUA POLICY NLYLSER rtTKis TYPE vac ❑n°'t ❑I°r'°R AiTi L J 1 4,4,5-0 ►�Y u O/ ❑YDa 6AJOR ❑,dT.L Dal O/ SIT OR NaMMAY $"gD cc Q ' Tturn C.� ! PLC (..�Jf a+Q PARTY DRIVEA's UCENta NUYSOI /TATA CLASS WETT ran TIAA MAAa i YOoaL,COLOR Arita NlRlsani STAT 3 ;A _ _ lOLA.. . . . . . .� lt. . . . . . . . . . . . . . . . . . . . . . "Van NAYa I RAST,MODLI,LAmT) ❑ L �,��/,c;JJ•vC7 0-GMS- STASITA0046941� OWT.KKS MAwl ❑L-Aw AS ofty" Rao CITY I sTAn/13P OW111"ADOAlss ❑SAIAS AS DRIVER ram. / . &a 1/4 OCT. sQ I NMR arms NbGNT W aXp f IIA ,■TMOATt Y Wo OWO OI flN Of VLW-Lf ON OR1MF. lm DaO �OFACLA ODr[lt ❑OTHIM Cuffy '0C OTMIR NOE+a PMOw suswau►ra7w PwoA W ICMAIKAL D/FICTT! Now ANM AIPaA TO MAAAArwt[] ❑ V7J ) c/,� ✓Q?0 ( ) CMP uta ONLY DasCla al rbaCLs DMLAoa M�ADI W DAYAC ED AAAA rIMCLA TTP i..s UA/JKa cAAwaR POLICY NumsER EILMIL L roa 11rAAo+ a OTAL ouL oP ON sTAa a7 OA nOJIWAY /!,, ara�lo MF KY Q T;—F, , ftc Q C Ca �S c z-� ? a+Q +AVMEAs DISPATCH NOTIFED IA4[MC*LgI HAYl DATl AEvilwaD rn v O No C WA —r- JEAjrw lio .40, /S-Q3 C PAGE t ( tis) OM 0429 V I as "oPiwr. > ,. d SEATING POSITION SAFETY EQUIPMENT EJECTED FROM VEHICL OCCUPANTS L•AIR BAG oErwr� rr/a ercYCL E.HEJKl ® EJECTED A•NONE IN VEHICLE 01-AIR BAG NOT DEPLOYED DRIVER 1•NOT 8-UNKNOWN N-OTHER V•NO 2-PARTIALLY EJECTED •LAP BELT USED P-NOT REOUIRED w-YES 2-UN KNOWN t.DRIVER 0•LAP BELT NOT USED 2 3 2 TO 6-PASSENGERS E•SHOULDER HARNESS USED PASSENGER 4 5 6 T-STATION WAGON REAR F-SHOULDER HARNESS NOT USED MILD.EEETAW X-NO 6-REAR OCG TRK OR VAN G•LAP I SHOULDER HARNESS USED O-IN VEHICLE USED Y•VES •-POSITION UNKNOWN H-LAP/SHOULDER HARNESS NOT USED R•IN VEHICLE NOT USED 7 0.OTHER -PASSIVE RESTRAINT USED S•IN VEHICLE USE UNKNOWN - K-PASSIVE RESTRAINT NOT USED T-IN VESICLE IMPROPER USE U-NONE IN VEHICLE ITEMS MARKED BELOW FOLLOWED BY AN ASTERISK(•)SHOULD BE EXPLAINED IN THE NARRATIVE PRIMARY COLLISION FACTOR CONTROL DEV�ES Z 3 TYPE OF VEHICLE 4AP"OPPED MOVEMENT PRECEDING UST NUMBER (•) OF PARTY AT FAULT COLLISION Avc SECnON VIOLATED: ag°n ACONTROLS FUNCTIONING APASsENGER CAR I STATION WAGON o-o B CONTROLS NOT FUNCTTONNO• BPASSENGER CAR W I TRAILER OCEEDING STRMGNT • OTHER IMPROPER DRIVING•: CONTROLS06SCURED 1BOTORCrCLE i 6Coom H OFF ROAD NO CONTROLS PRESENT I FACTOR' MtUP OR PANEL TRUCK "NO RIGHT TURN 0 TMA THAN DJiVER• T'IPti OF COLLISION PICKUP/PA 91 TRUCK W I TRAI ERAJUNG LEFT TURN It, NUK(NO /N• VEHT D-ON UCK OR TRUCK TRACTOR MAJOW U TURN a FELL.ASLEEP SWIPE /TRUCK TRACTOR W I TRLA BACKIM R ENO Bus SLOWINO/STOPAJq HER 1 MARK I O 21TEMS) ADSIDE BUS (PASSING OTHER VEHICLE ACLEAR BJECT EMERGENCY VEHICLE j CHANGING LANES B CLOUDY TURNED K 4GmwAY CONST.ECUIPMENT PAMNG MANEUVER C RAINING VEHICLE I PEDESTRIAN L BICYCLE ENTERING TRAFFIC SNOWING OTHER': OTHER VEHICLE OTHER UNSAFE TURNING E FOG 1 VISIBILITY FT. MOTOR VEHICLE INVOLVED WITH I N PEDESTRIAN IN TING INTO OPPOSING LANE F OTHER•: ANON-COLusom I 10MOPED PARKED G w,140 IN PEDESTRIAN MERGING I LIGHTING C OTHER MOTOR VEHICLE TRAVELING WRONG WAY A DAYLIGHT D MOTOR VEHICLE ON OTHER ROADWAY 2131 OTHER ASSOCIATED FACTOR(S) OTHER•: B DUSK-DAWN E PARKED MOTOR VEHICLE (MARK t TO2ITEMS) CDARK.STREET LIGHTS F TRAIN Avc$4ctwNY%xAr4m: crto D DARK-NO STREET LIGHTS BICYCLE ❑rs jo, ONO DARX.STREET UGHTSNOT ANIMAL: Breuene«vaurwr: �o FUNCTIONING• YO ROADWAY SURFACE FIXED OBJECT: A oar 1 �c u vau �,� 1 2 3 4 ��� Yq (MARK t TO 2 ITEMS) B WET OTHER OBJECT: MAO NOT BEEN ORIl9UN0 sNowr.ICr D FsaO-UNDER IJIfT UE)IGE O SLIPPERY(MUDDY.OILY.ETC) E VISION OBSCUREMENT: HBO-NOT UNDER INFLUENC: ROADWAY CONOITTON(S) HBO-IMPAIRMENT UNKNOWN PEDESTRIAN'S INVOLVED STOP IL GO TRAFFIC (MARK I TO 2 ITEMS) H ENTERING I LEAYIMO RAS 1UNDERRUG IN A NC PEDESTRIAN INVOLVED PREVIOUIMPAIRMENT-PHYSICAL• A HOLES.DEEP RUT• CROSSING IN CROSSWALK UNFAMILIAR R WITH ROAD IMPAIRMENT NOT KNOWN � UNFAYUAA WITM ROAD B LOOSE MATERIAL ON ROADWAY• AT INTERSECTION NOT APPLICABLE OBSTRUCTION ON ROADWAY• 1C DEFECTIVE VEX E-OUIP.: «ne CROSSING IN CROSSWALK•NOT Qrq 1 SL.ff,PY/FATIGUED D CONSTRUCTION.REPAIR ZONE AT INTERSECTION ❑� SPECIAL INFORMATION E REDUCED ROADWAY WIDTH 0 CROSSING•NOT IN CROSSWALX L UNINVOLVED VEHICLE HAZARDOUS MATERIAL FLOODED• IN ROAD-INCLUDES SHOULDER OTHER•: OTHER•: NOT IN ROAD NONE APPARENT H NO UNUSUAL CCNgnONS APPROACHING/LEAVING SC4100L BUS RUNAWAY VESICLE KETCH I MISCELLANEOUS H14CAT•NOMW , WTI r�v0. � a3 i fl�1�oQrr1 � - - CHP SSS PACE 2 1 Rev Ta•I OPI042 a o. 1Na`r.lU&ED / WITNESSES i PA .RS ^,1 TO o. TIMI 0400} ..� xr+c NleEe orw Ea .EOt..7 0-71 �1. ..t�eMesn - EXTENT OF INJURY(-X- ONE) INJURED WAS(-X- "a tas NAMor+p Y+Eaa c OF Poo! wyt1�� ha a.�tn �ti eE�etE w►A/t 10.7N11 IyL ftq ac•eE�► I� �oRae{ s •7 - �.._.. {„^AO 00111,In TAAN4P-011rtD 1Y TAAaar r'OI "' .. ,"'-• otscReuw{Nlwp fn �/1Tf1tJ l+/ ! �?J�I c �1 . p 0 v+cnM I_ rxr CR wt NOnnto A }—� ❑" r: ❑ ❑ ❑ 0 ❑ ❑ / t / - xAA+a,o.o.a r ADDAESe R+NVAED 004.Y)TAA04POATEO/Y. rAA TO: Ots.we[rQuA,ts VICTIM 0.1q.41 tw CREME NOTI.R[0 ❑ ❑ �� ❑ ❑ ❑ ❑ ❑ ❑ ❑T- —• - f YANME•O.O.B.:APAAESt_ /��.•f�C .3l�� ! 6, f/ •� �r, 4.'�-- � � '7 I /r /...i�C�;-�.+r/ TEll/nGfiR JxoVAED OaIT) aT. TAa<EN Ta: DESCw 1[INJURIES _ fj ' ❑ VICTIM Or.ice lY y� !Mr CRME NCTIgEO o t r I ❑ ❑ ❑ ❑ ❑ ❑ ❑ N rO.O.Lr ADOAix'e lt.nOf� . e/-/2z7e-- 6 16 •:NJUA OaIn TRAP4JOATED aY: T"Ex TO: DESCARet ruuwas - -7 I GJ� ❑ VICTIM OF q•+,rxr OrwE NOrinto ❑ m ❑ ❑ o ❑ ❑ ❑ ❑ 4 nAM�pCp.f.�0A6� o�C / T[UOnCI,f���•-�— (rR.tuR[0006.Y)TA.waSJ*OATED BV: TAKEN TO: L C.C �;. ( Ot_ wT iy 6 Q 4�� 3�Z- ►1 -o-G o VICTIM O.YtklAR CAME NOTVt[0 ❑� ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ NAMe R D.C.A.r ADDAcsa r!u►nof Oft,1401E0 O+t n TRANSPORTED AT: TAAEN TO: I D ESC Rit RRY.iVAIEe f - ❑ VICTIM C►rrn r OA CAME NOTIAteI .wl.AA R.O.NUMEE ,D,at 0AY T! 5554rage 3 (Rev. 7.87) OPI 042 87 43637 .it.r[ or C.ur owMlA FACTUAL DIAGRAM >i®^ PAii • OAt• Or COt619I0M .IYi .N' - MCI( MYYiiw • . - .Ci•1.•. MyYiiw 01 91-'3 T tR '�-(I ALL MCASUREMENTS AMC APSIROXIMATE AND NOT TO KALE U-NI[SS STATED(SCALE• 16 ' s --- S3 I ANE w _ N B LAdE 13 ,,A , 1 I. WLFST dURG OF c. k1�-3T ew�t3 c� Pn,u� of ��-cr V- 1 j �•R• Ny,� 3-a. E�sr e�-n✓= Ba of R&D- 4k NAu6S o2'a'Sou;H )' 1 �1teNee� e3C✓v /NJ 4`7i0s'oum oF' Tht OF THE S01177,1 P2oLONGnr/o�✓ I ' - 1 �cuTy o�.:,�� ��13 LiN& C NRa LAIC cFpF DE d1E ut N7ewAW-vc G 1,4y I ia. IVAy ?Z•F• 4ua �'1'�" BAST E � Avg;' OF e \a eST C%044% OF \ A cr`c, w i Ts✓o S k��s E�cN ia' L 0A16- 6F-,V1J Ale, A7-/24W? TilZ�r of V-/ . I W�icynNopolNz- o� =M�cT 3�Tw�1-1J V c-�r 1 c�z-g• I.Jks 8'saort+ �F LA t12o Lo o G-AT I Wk UAG L I me or C G e21T\A1.1Ct& cu2Q ow.ww •• ' r , I / r I.,a. —.0s. i ro.' 0 - •w. ro. o•• •w. CMP 555—Page 4 iRev 11351 0 042 B FATS roFu�Fof�° NAIRRAT1VElSUPPLEMENTAL C►tP&w(fwaY 7-90)OR 042 Per'j OATS OF NC4ENTJOCCURRENCE TINE POM NCIC"BER OFFCER LQ CHER NLAIBE)1 .)rloow 'x'ONE TYK SUPPLEYpK Rrr APPL/CASM 9414'ar"O Zcouion reow+ O BA updai. O Faal O►�and n,n upen. S-Po..T,Wbw O 00w: O Kam dow ITsats tW O Sd*d bw _. .._ O Cow. .. efrV C WTVIAJOID&L Om TINCT ASP**T14 owT 14 AT • OTTATIOM NLA a .vi atm 3.2 o p - LOCATi). R ECT STATE HKIIMAY RELAMO O Yes 2. i,� J77:) I.o . 'J/l?" 7—le CEJ 1 T/-: 3 .� f <i' r. r,� a : A ,� T 5. 6. n c 7. J�c r' T �C r� J Qo 8. 9. C)u 12: S r71•�/C ���".c.. r7_ (SC�.. S�Gre- 13. 14. 15. 1 'Li-7 16. L J�fc� of17. I 18. 19. �1. ?2 ?4. ,5y' �'u S-i l 1,.J �� Yom' O G�t2d 7L L� �� �•• ?, 30. 'REPAR Vp .N BER CATE REVIEWER'S NAME pA� '/ Use previous editions until depleted. 90 5-,Al NARPIASUPPLEMENTA CHP 558(Rev 7-90)OPi 042 Ps DATE OF W-CENTAXCURRENCE TM rA*c) NCIC NWSER OFFICER LD.NUMSER NUY9ER 91 •x. TYPE suPPLEmENTAL orAPPLrAOLE) .)EI ro arrative Collision report ❑BA update ❑Fatal ❑Hit and run update 13 Supplemental ❑Ott+er. ❑Hazardous materials C3 School bus 0 Other. - CM)COUNTYt1tX3CAAL DISTRICT REPORf3M(3 tSTRICftBEAT CITATION NUMBER L�TIO�SJECT $TATE H AY RELATED _ ❑Yes No 1. 2. 3. 4. a. ec, _ V AA- 8. r 9. 10. 12, 9 _ ' 1 , � , (j,�cQ �c�• `1 „�},,/ �% .moi r�b%�,Cri:.`v 13. 14. 7 .+c t .. r i.,} r�4j C-- r.+ /� Ali � a-7 -W + 15. : 16. 17. -71 AV 19. 24 _x `� t�. J�L.1 21 f1�r t�-'� -'�f I C y6Z 22 � r 23. 25. - 26. 1 t1 7. /� 7 J- i L 27. 29. 30 31. PREPARER NU R DATE WF�NAME DATE Use previous editions until depleted. 90 57ur A RFiA� FJSUPPLEMENTAL NARAT? . CAP SM(Rev 7-90)OPI 042 Page pAh OF NCtOENTACCURRENCE TIME re4w) NCC NUMBER OFFICER LD.NUMBER I NUMBER. f— !(, • 9 3 —320 �� /• 2�O� Z ' ONE TYPE SUPPLEMENTAL rr APf' cAaE) tive ZLolai&ion report I ❑8A vpdwe ❑Fuel ❑.Hl".run updab ❑Supdem*-+tw ID Ott»r ❑HUWdm s nwbnals ❑S&,001 tfus ❑Oew GTV,COIPYTYAJIUpC;;AIDIS TACT REP04TV40OIST%CT,e(/f,T yftA MJMwR LOCAT10WASiEGT -- ._._. _._�. - _ 1 STATE MQAYAY RFLATfO ❑YesQ 4 t" M, -12 . Ls 8. 9. 10. 12. 11. 13. r^��- ��.J ��yG S tf�:�/��:Zt 1z (,V:Ir «t IJ � 14; �` L,D�'-� F�- 7 ��`.Z ?� 15 G.1 I? f �� Tr�'E � � S ice'Vr L' f�ZS/U G� 16. rCJILLMLrTJ - 2- cj Tv 17 0-L �'; S w� 7heZ �G Shy Q J 19. 20 21. 22 I T 7�4,c U(Z,1 4zy 1 R�Cd TCr 7�nT I-�L t_Jlg 23. 25 tJ tn� '�F � C) �S l� " Z-- S ice/ 1��— 7hAC 26. 27.' Q W t-r . Z Sy- c 7-72 L 28. 29. /� �ZJ •i.C2/ ;� Tiz/ 31. PREPARER O I. .NUMBiA 'DATE REVIEWER'S NAME DATE Use previous editions until depleted. 30 57541 ,F R • IT NARRATiVE/SUPPLEMENTA - CHP SSE(Rev 7-90)OPI 042 -. Page DATE OF WC70ENT=CURRENCE TIME r?400 NGC NUMBER OFFICER 1.0.NUMBER NUMBER - //—/�: 3i� 93� ONNE 'X'ONE TYPE SUPPLEMENTAL rX-APPE CABLE) arradve Vision report 0 BA update ❑Fatal ❑Hit and run update Supplemental 0 Other: ❑Hazardous materials ❑School bus .0 Other. CrTYAOLWN/JUDICWL DISTRICT REPORTING NSTRICT/BEAT WATION NUMBED 95 /- LOCATIOWSUBJECT STATE HIGHWAY RELATED - - ❑Yes 2. 3. S. 7. 9. 10. 11. - 12 13. 24!2� lN>'�5 S"-7J U is. N c —2 Sz, ..G 16. 17. 18. l,J ,rJcc— Q 19. 2- s s _ ;., 20. 121. �c� �vJ f 7 � u 22. 12 C i IAF L, 24. 26. -�i`fz� i f'r�i �T—� d2'1 27. 28. /_T I/— Z- 29.29. 30. 31. PREPA E .-NUMBER DATE REVIEWERS NAME DATE ti Use previous editions until depleted. 90 57-,4I N°''OFfuF�AT1v E/SUPPLEMENTAL( ,A� Cts&W(Pav 7-90)OPI 042 Page G y TE of WCCENTOCCURRENCE TIME R�1 NCC NUMBER OFFICER LQ NUMBER tAWBER 11 - ► � 13 071 � — 3�i L- _ 2tiL# X'ONE .x.ONE TYPE SUPPLEMENTAL rr APPLCAaLE) arrative Ilion report ❑BA update ❑Fatal ❑Hit and run updab LJ supptemer+ta► ❑of *r: ❑Hazardous rnatterWs ❑Sctwot bus ❑p�,.r ::ITYXXXW Yt.AJOC;AL DISTRCT REmFtr`NO 0m7IICT4 EAT jC:TArIOkkUWKfik 1.) 14., •uT s 7 O,c6�o 3-7—� YZ LO.CATIONISUBJE.CT . . .. - STATE NCNWAY REUTEO ❑Yes 2. CZ �J int r� ?c 3. 4. T J n� G S e J s: 6.6. 7. � �/� L� /J Z '7fi� Ti .�-<< n f 7. 8. A-jcc "n5","r �.�S O /'n,p /y• Z t�v/�S S -r non /9. cJ � 2ty,- o. y� C v 2. 3. 4. 5 9. 10. 3. s ,t '2. 4. 5. 6. 9. 0. j UK AN .0. MBERfNAME CA TE /'/U Use previous editions until depleted. 30 5-5., , �w�.�v�vvV VVVvv WYVVVWI tl y tl tl M� =M• If i t�,rrn J , a U.nnnnnnnnnnM�/nnMMnJ.Annl ``^^ W i I Ti I O N W m O it O r+� � •ri 7-+ O ¢a to c E 0 ro U 44 � °z O O ! m ,O 4-) •� �4 td Sa d O 0 -P +) 4 r: r-4 4) U t1 ;rt 4-) 44 N cr o �r•ri aJ a•r+ Ln � ra d _► U o o p w vv tD o < AMENDED 1. 33 . CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA JULY 12,1994 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: Exceed $10,000.00 rSgction 913 and 915.4. Please note all "Warnings". CLAIMANT: PIIS, Tina J U N 2 7 1994 W� ATTOnNEY:Edwin J. Zirnnan COUNTY COUNSEL MARTINEZ CALIF. Mills Tower Date received . ADDRESS: 220 Bush St., Ste. 1600 BY DELIVERY TO CLERK ON June 24,;1994 San Francisco, CA 94104-3518 BY MAIL POSTMARKED: June 22, 1994 1. FROM: Clerk of the Board of Supervisors JO: County Counsel Attached is a copy of the above-noted claim. FpHH BYIL �eputyLOR, Clerk DATED: _ 1l 11. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ✓ This claim complies substantially with Sections 910 and 910.2. r ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying / claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( '�) Other: -«L����1. KX Dated: 4" g 9 BY: Deputy County Counsel 111. FROM: Clerk of the Board TO: County Counsel (1) County A inistrator (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: ►4 PHIL BATCHELOR. Clerk, By 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 warning see reverse side of this notice. AFFIDAVIT OF MAILING 1 declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States. over age 18; and that today I deposited in the United 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: 1 BY: PHIL BATCHELOR by ,QQ , J Deputy Clerk CC: County Counsel County Administrator N M }+ s O s N -3' ON 7 p� IPA d d � ;� u' � N o � G m � g 0. 70 r 'L Q 0 ��+ a �K 0 O U 4 lit Y J 0 1 Z 4 ' N LAW OFFICES OF Edwin J. Zinman A PROFESSIONAL CORPORATION TELEPHONE 220 BUSH STREET (415) 391-5353 EDWIN J.ZINMAN, D.D.S. SUITE 1600 FACSIMILE JAMES J. DAVIS III SAN FRANCISCO, CALIFORNIA 94104-3518 (415) 391-0768 CLAIM AGAINST THE CITY AND COUNTY OF CONTRA COSTA (Government Code Sections 910 and 911.2) 1. Name and address of claimant: Tina Pilcher RECEIVE- 3442 3442 Thunderbird Drive Concord CA 94520 2 4199 2 . Address to send notices: Law Offices of Edwin J. Zinman CLERK BOARD OF SUPERVISORS Mills Tower COIVTi: COSTPI CO. 220 Bush Street, Suite 1600 San Francisco, CA 94104-3518 Telephone: (415) 391-5353 Facsimile: (415) 391-0768 3 . Date lace and circumstances of occurrence: In approximately January 1993 claimant, Tina Pilcher, was seen by F.J. Mattka, DDS, at Merrithew Memorial Hospital for surgery to remove wisdom teeth. Dr. Mattka removed two wisdom teeth. Claimant developed a severe infection and was admitted to the hospital for five days. Unknown to the Claimant, and apparently undiagnosed by defendant, Dr. Mattka had not extracted Claimant's lower left wisdom tooth, but instead had left the roots in claimant's jaw. In approximately February 1994, Claimant was seen by Daniel L. Howlett, DDS who advised Claimant that x-rays revealed that the roots of Claimant's lower left wisdom tooth was still in place. Dr. Howlett referred Claimant to oral surgeon Dick M. Hom, DDS, who extracted the remaining portion of the wisdom tooth. Claimant has been further advised that she may have permanent muscle damage. As of May 9, 1994, Claimant was taking antibiotics for her injuries. 4 . Description of injuryanddamages: As a direct and proximate result of the failure of the treating dentist at Merrithew Memorial Hospital, Claimant suffered severe infection, damage to her mouth and jaw muscles and other injuries including, but not limited to, those which are more particularly described above. Without limitation, Claimant required extraction of the remaining wisdom tooth portion, treatment for her temporomandibular disorder (TMD) , and antibiotic therapy in order to restore her dental health. 5. Name of public employee causing the iniury. F.J. Mattka, DDS Merrithew Memorial Hospital 6. Amount claimed. a) Special damages: Precise figures for hospitalization are unknown. Dr. Howlett's fees were approximately $100. Dr. Hom's fees were approximately $500. Claimant will require. future treatment, the amount of which is presently .unknown. b) General damages - exceed $10,000 [Govt C S 910(f) ] . c) Jurisdiction rests in Superior Court [Govt C 910(f) ] . Executed on behalf of claimant by: Edwin J. Zinman, Esquire Dated: June 22, 1994 LAW OFFICES OF EDWIN J. ZINMAN By: 9d in- NJ Zinman, Esquire AX � orneys for Claimant LAW OFFICES OF Edwin J. Zinm(fin A PROFESSIONAL CORPORATION TELEPHONE 220 BUSH STREET (415) 391-5353 SUITE 1600 FACSIMILE EDWIN J.ZINMAN, D.D.S. (41S) 391-0768 JAMES J. DAVIS Ea SAN FRANCISCO,CALIFORNIA 94104-3518 June 22, 1994 Board of Supervisors 651 Pine Street Martinez, CA 94553 Re: Claimant: Tina Pilcher Public Entity: F.J. Mattkap DDS Merrithew Memorial Hospital Dear Sir/Madam: Enclosed please find the original and two copies of Claim Against the City and County of Contra Costa regarding the above named Claimant and Public Entities. Please file the original and return a conformed file stamped copy to our office in the return envelope provided. Thank you for your courtesy and cooperation in this regard. Sincerely, Cathy Hel on Secretary to Edwin J. Zinman Enc. PROOF OF SERVICE BY MAIL I declare that I am employed in the City and County of San Francisco, California. I am over the age of eighteen, and am not a party to the within entitled action. My business address is Mills Tower, 220 Bush Street, Suite 1600, San Francisco, California 94104. On June 22, 1994 I served the attached CLAIM AGAINST THE CITY AND COUNTY OF CONTRA COSTA and NOTICE OF INTENT TO FILE SUIT in said action by placing the original or true copy thereof, as designated, enclosed in a sealed envelope with postage fully prepaid, in the United States mail at San Francisco, California, addressed as follows: Board of Supervisors [original] 651 Pine Street Martinez, CA 94553 Merrithew Memorial Hospital [courtesy copy] 2500 Alhambra Avenue Martinez, CA 94553 Attn: Cyndy Abram Medical Records Department I declare under penalty of perjury that the foregoing is true and correct, and that this document was executed on June 22, 1994 at San Francisco, California. i OFFICE OF COUNTY COUNSEL DEPUTIES: CONTRA COSTA COUNTY PHILLIP S. ALTHOFF r SHARON L. ANDERSON "' ANDREA W. CASSIDY COUNTY ADMINISTRATION BUILDING VICKIE L. DAWES P.O. BOX 69 MARKE 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 23, 1994 VALERIE J. RANCHE DAVID F. SCHMIDT DIANA J. SILVER VICTORIA T. WILLIAMS NOTICE OF INSUFFICIENCY AND/OR NON-ACCEPTANCE OF CLAIM TO: Edwin J. Zinman 220 Bush St. , Ste 1600 San Francisco, CA 94104-3518 RE: CLAIM OF: Tina Marie Pilcher Please Take Notice as Follows : The claim you presented against the County of Contra Costa or District governed by the Board of Supervisors fails to comply substantially with the requirements of California Government Code Section 910 and 910 .2 , or is otherwise insufficient for the reasons checked below: [xx] 1 . The claim fails to state the name and post office address of the claimant. [xx] 2 . The claim fails to state the post office address to which the person presenting the claim desires notices to be sent. [xx] 3 . The claim fails to state the date, place or other circumstances of the occurrence or transaction which gave rise to the claim asserted. [xx] 4 . The claim fails to state the name(s) of the public employee(s) causing the injury, damage, or loss, if known. [xx] 5 . The claim fails to state whether the amount claimed exceeds ten thousand dollars ($10,000) . If the claim totals less than ten thousand dollars ($10, 000) , the claim fails to state the amount claimed as of the date of presentation, the estimated amount of any prospective injury, damage or loss so far as known, or the basis of computation of the amount claimed. If the amount claimed exceeds ten thousand dollars ( $10,000) , the claim fails to state whether jurisdiction 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: Since the case of Phillips v. Desert Hospital District ( 1989 ) 49 Cal 3d 699, public entities are required to treat section 364 notices as claims and identify their insufficiency or objections to insufficiency are waived. This notice is to advise you that we find your notice deficient in the above noted respects . VICTORJ. WESTMAN, County Counsel By: 6, Dep oun y Cou el CERTIFICATE OF SERVICE BY MAIL (C.C.P. SS 1012, 1013a, 2015.5; Evidence Code SS 641, 664) I declare that my business address is the County Counsel's Office of Contra Costa County, 651 Pine Street, Martinez, California 94553; I am a citizen of the United States, over 18 years of age, employed in Contra Costa County, and not a party to this action. I served a true copy of this Notice of Insufficiency and/or Non- acceptance of Claim by placing it in an envelope addressed as shown above, sealed and postage fully prepaid thereon, and thereafter was, deposited this day in the U.S. Mail at Martinez, California. I certify under penalty of perjury that the foregoing is true and correct. Dated: June 23, 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 BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA JULY 129 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: Urown ff3. ^T` Sectio 913 and 915.4. Please note all "Warnings". e' J;w, ��, if CLAIMANT: PIICM. Tina Marie JUS 2 1 1994 ATTO;NEY: Edwin J. Z-irnnan COUNTY COUNSEL MARTINEZC;Nje received ADDRESS: 220 Bush St.:,: Ste, 1600 BY DELIVERY TO CLERK ON June 21, 1994 San Francisco, CA 94104-3518 BY MAIL POSTMARKED: Hand Delivered via: Risk Mgmt. 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. `yIL BATCHELOR, Clerk GATED: X.ta +4 o eputy ll. FROM: County Counsel TO: Clerk of the Board of Supervisors (jo 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: AAA A l Vlti.d Dated: -J,,, 23 I �Sp�6 BY: Deputy County Counsel 111. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present ( ) 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 1 declare under penalty of perjury that I am now. and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United 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 Deputy Clerk CC: County Counsel County Administrator _ I LAW OFFICES OF F,dwin Qj. Zinman A PROFESSIONAL CORPORATION TELEPHONE 220 BUSH STREET (415) 391-5353 EDWIN J.ZINMAN, D.D.S. SUITE 1600 FACSIMILE JAMES J. DAVIS III SAN FRANCISCO, CALIFORNIA 94104-3518 (415) 391-0768 C . June 14, 1994 RECEIVED JUN 21 1994 Merrithew Memorial Hospital rCLERKBOARD OF SUPERVISORS 2500 Alhambra Avenue COPJTPA COSTA CO. Martinez, CA 94553 Ll La, kt,- . 1 � Re: Tina Marie Pilcher v. F.J. Mattka, DDB, 4 Merrithew Memorial Hospital, st al. NOTICE OF INTENT TO COMMENCE LITIGATION (CCP 5364) Dear Merrithew Memorial Hospital: , Pursuant to California Code of Civil Procedure 364, we may file suit against you within 90 days alleging dental negligence (malpractice) . A final decision will be made after receipt of your complete dental records and their review by consulting dentists. Please have your insurance carrier contact us directly or any other representatives on your behalf in order that we may communicate directly with them and avoid any inconvenience to yourself. sincerely, Edwin J. Zinman EJZ:cmh PROOF OF SERVICE BY MAIL I declare that I am employed in the City and County of San Francisco, California. I am over the age of eighteen, and am not a party to the within entitled action. My business address is Mills Tower, 220 Bush Street, Suite 1600, San Francisco, California 94104. on June 14,,: ,191.09.4. I .:er zed the attacJuneed NOTICE OF INTENT TO COMMENCE LITIGATION (CCP 5364) in said action by placing a true copy thereof, enclosed in a sealed envelope with postage fully prepaid, in the United States mail at San Francisco, -California, addressed as follows: Merrithew Memorial Hospital 2500 Alhambra Avenue Martinez, ' CA 94553 I declare under penalty of perjury that the foregoing is true and correct, and that this document was executed on June 14, 1994 at San Francisco, California. 2 CONFIDENTIAL COUNTY COUNSEL'S OFFICE CONTRA COSTA COUNTY MARTINEZ, CALIFORNIA MEMORANDUM Date: June 21, 1994 TO: Jeanne Maglio, Clerk of the Board FROM: Victor J. Westman, County Counsel By: Gregory C. Harvey, Deputy County u el RE: Notice of intent to sue Claimant Tina Marie Fletcher Please treat the attached notice of intent to sue as a claim. 6 - errithew / emorial O%PD4L IL R Q g o WN AND CLINICS .UN 20 June 16, 1994 COUNTY COUNSEL MARTINEZ,CALIF. To: County Counsel From: Mark Finucane,Health Services Director Re: Tina Marie Pilcher Attached please find a Notice of Intent to Commence Litigation regarding the above-named patient. cc: Ron Harvey °� - , Contra Costa County 'r>a co'uK' A-301A (3/87) LAW OFFICES OF Edwin J. Zinynan A PROFESSIONAL CORPORATION TELEPHONE 220 BUSH STREET (415) 391-5353 EDWIN J.ZINMAN, D.D.S. SUITE 1600 FACSIMILE JAMES J. DAVIS M SAN FRANCISCO,CALIFORNIA 94104-3518 (415) 391-0768 June 14, 1994 Merrithew Memorial Hospital 2500 Alhambra Avenue Martinez, CA 94553 Re: Tina MariePilcherv. F.J. Mattka, DDS, - , , Merrithew Memorial Hospital, et al. NOTICE OF INTENT TO COMMENCE LITIGATION' (CCP §364) Dear Merrithew Memorial Hospital: Pursuant to California Code of Civil Procedure 364, we may file suit against you within 90 days alleging dental negligence (malpractice) . A final decision will be made after receipt of your complete dental records and their review by consulting dentists. Please have your insurance carrier contact us directly or any other representatives on your behalf in order that we may communicate directly with them and avoid any inconvenience to yourself. Sincerely, Edwin J. Zinman - EJZ:cmh PROOF OF SERVICE BY MAIL I declare that I am employed in the City and County of San Francisco, California. I am over the age of eighteen, and am not a party to the within entitled action. My business address is Mills Tower,. 220 Bush Street, Suite 1600, San Francisco, California 941.04. . On Ju^e` 14,,. ;1:9.4_ I :s*irved the attached NOTICE OF .INTENT TO COMMENCE LITIGATION (CCP §364) in said action by placing a true copy thereof, enclosed in a sealed envelope with postage fully prepaid, in the United States mail at San Francisco, .California, addressed as follows: Merrithew Memorial Hospital 2500 Alhambra Avenue Martinez, CA 94553 I declare under penalty of perjury that the foregoing is true and correct, and that this document was executed on June 14, 1994 at San Francisco, California. 2