HomeMy WebLinkAboutMINUTES - 03211995 - 1.13 CLAIM t3
BOARD OF SUPERVISORS.C'F.,CONTRA COSTA COUNTY, CALIFORNIA
- - - March 21, 1995
Claim Against the County, or District governed by) BOARD ACTION
the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT
and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of
California Government Codes. ) the action taken on your claim by the Board of Supervisors
(Paragraph IV below), given pursuant to Government Code
Amount: Unknown Section 913 and 915.4. Please note 11 "Warni.n'gs"!::_
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CLAIMANT: John D. Hoyt
_ FEB
ATTORNEY: COUNTY COUNSEL
Date received MARTINEZCALIF.
ADDRESS: 1834 Delaware Street
BY DELIVERY TO CLERK ON February 23, 1995
Berkeley CA 94703 Hand Delivered via: Risk M t.
BY MAIL POSTMARKED: �
1. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
DATED: February, 1995 JVIL DeputyLOR, Clerk
11. FROM: County Counsel TO: Clerk of the Board of Supervisors
( ) This claim complies substantially with Sections 910 and 910.2.
(� This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying
claimant. The Board cannot act for 15 days (Section 910.8).
( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send
warning of claimant's right to apply for leave to present a late claim (Section 911.3).
( ) Other:
Dated: BY: Deputy County Counsel
1I1. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2)
( ) Claim was returned as untimely with notice to claimant (Section 911.3).
IV. BOARD
ORDER: By unanimous vote of the Supervisors present
(J) This Claim is rejected in full.
( ) Other:
1 certify that this is a -true and correct copy of the Board's Order entered in its minutes for
this date.
Dated: _ a.) ;.j. <PH1L BATCHELOR, Clerk, By Deputy Clerk
Jj''' 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.
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. a
Dated �101/(,(+�1` �� I ��� BY: PHIL BATCHELOR b Deputy Clerk
CC: County Counsel County Administrator
OFFICE OF COUNTY COUNSEL DEPUTIES:
_ CONTRA COSTA COUNTY PHILLIP S. ALTHOFF
SHARON L. ANDERSON
BRANDON D. BAUM
COUNTY ADMINISTRATION BUILDING ANDREA W. CASSIDY
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) 646-2041 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. MUNIZ
February 23 , 1995 VALERIE J. RANCHE
DAVID F. SCHMIDT
DIANA J. SILVER
VICTORIA T. WILLIAMS
NOTICE OF INSUFFICIENCY
AND/OR
NON-ACCEPTANCE OF CLAIM
TO: John D. Hoyt
1834 Delaware Street
Berkeley, CA 94703
RE: CLAIM OF: February 23 , 1995
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.
[x] 3 . The claim fails to state the date, place or other
circumstances of the occurrence or transaction which gave rise
to the claim asserted.
[x] 4 . The claim fails to state the name (s) of the public employee (s)
causing the injury, damage, or loss, if known.
[x] 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
RECEIVE®
Clerk of the Board of Supervisors � ,
Room 106, County Administration Building FEB 2 3 1995
651 Pine Street, 6th Floor
Martinez, CA 94553-1290 ��
CLERK BOA D OF SU RVISORS
CONTRA COSTA CO.
Re: Storm Drain running east-to-west across 68 Stratford Road and north of the property
known as 72 Stratford Road, Kensington, CA.
Dear Sir:
As you know the storm drain system referenced above has a gap of several lineal feet in the pipe
just-north of the.elevated deck at 72 Stratford,Road-
Until recently, that deck was supported by a ledger attached to a masonry block wall on top of a
concrete footing. The wall and footing have been sinking into the ground adjacent to the recently
discovered break in the storm pipe for several years; literally ripping away the supports for the
deck. The footing is cracked and broken. Approximately 12' of the masonry wall and fence
above it had to be removed and the deck repaired. All this is "water under the bridge"as they say.
During a recent major storm the broken storm drain erupted into a fountain, emitting thousands of
gallons of surface water that ran onto 72 Stratford as well as across Dorothy and Ron Nixon's
property at 4 Marchant Gardens. The surface water runoff leaked through the foundation into
inhabited space at 72 Statford and caused erosion of the soils supporting the stairs to the
backyard. More"water under the bridge."
However, I was extremely disappointed to discover last weekend that the break in the storm drain
still has not been repaired. The break is within inches of the concrete footings retaining the deck
and stairs of 72 Statford. The pipe at the uphill point of the break is literally directing water at
those footings and will continue to erode the supporting soils away until repaired; further
compromising the deck, stairs,guardrail, concrete slabs and retaining walls at 72 Stratford
southeast of the break in the pipeline. I do not intend to bear the cost of future damage caused by
the failure to repair the break in the stone drain. If there is any more damage to 72 Statford due to
the storm drain system I intend to make claims against the parties responsible for the storm drain
system.
Sincerely,
John D. (Jack) Hoyt
1834 Delaware Street
Berkeley, CA 94703
cc: Elliot Feinman, Ron Nix ounty Administrator/Risk Management Division
CLAIM
BOARD OF SUPERVISORS.Of COiT,RA COSTA COUNTY, CALIFORNIA March 21, 1995
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: exceeds $10,000.00 Section 913 and 915.4. Please note all "Warnings".
S�z �
CLAIMANT: Calli Santos, et al. , ( see attached list) !p�
ATTORNEY: Timoth P. Rumberger, Esq FEB 2 3 15,55
2161 S ttuck Ave Ste. 200 Date received
ADDRESS: Berkley, CA 94704 BY DELIVERY TO CLERK ON February 22oT'couN�EL
f{� a f'IG9.-.
F.
also Hand Delivered
Scott E. Cole, Esq. BY MAIL POSTMARKED:
2325 Clement Ave. , Ste. 210, Alameda CA 94501
1. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
�' JV
IL 23 1995 pp IL BATCHELOR, Clerk
DATED: : Deputy
I1. FROM: County Counsel TO: Clerk of the Board of Supervisors
(-I-f 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: O�-Z`� — 5 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: Q/a_�J ,C] :PHIL BATCHELOR, Clerk, By Deputy Clerk
j""' 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.
AFFIDAVIT OF MAILING
I 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 _ L BY: PHIL BATCHELOR b Deputy Clerk
CC: County Counsel County Administrator
Amo
Claim ,,to: BOA 7 SUPERVISORS OF CONTRA COSPI k NT1
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.34,1987,
must be. presented not later. than the. l00th.daq after the accrual: of.' the cause .of
action. Claims relating to causes of adtion'for'death or for injury to person
or to personal property or growing crops and which accrue on or `after"January 1,
1988, must be presented not later than six months after the accrual of the cause
of action. Claims relating to any other cause of action must. be presented not
later than. one year after the accrual of the cause of action.. .(Govt.. Code §911.2.)
B. Claims must be filed With the Clerk of the Board of Supervisors at its office in
Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553•
C. If claim is against a district governed by the Board of Supervisors, rather than
the County, the name of the District should be filled in.
D. If the claim is against more than one public entity, separate claims must be
filed against each public entity..
E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at the end of this
TO—M.
RE: Claim By ) Reserved for Clerk's filing stamp
CALLI SANTOS , ET AL. )
RECEIVE®
(See attached Claimant List) ) '
Against the County of Contra Costa FEB 2 2 1995
or )
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 $ in excess of $l0; oaod in support of
this claim represents as follows: Superior Court Jurisdiction (Gov' t. C. 910f
. 1. When did the damage or injury occur? (Give exact date and hour)
August 22, 1994 through September 6, 1994
2. Where did the damage or injury occur? (Include city and county)
Crockett, Rodeo, Vallejo areas east of UNOCAL refinery in Contra Costa Coun
--------- ty.
3. How did the damage or injury occur? (Give full details; use extra paper if
required)Claimants were exposed to toxic chemicals being released by UNOCAL{
COUNTY failed to investigate, and failed to prevent and/or issue shut-down
order to UNOCAL after being put on notice of toxic chemical release
occurring in violation of Federal, State. and local laws risking-Personal
-------------------------------------------------------------------
4. What particular act or omission on the part of county or district offieers, injuries.
servants or employees caused the injury or damage?
Response to question 3 is responsive to this question as well .
(over)
-5. What are the names of ounty or district officers, se is or employees causing
the damage or injury'
IDENTITY of specific individuals responsible for Claimants injuries
is unknown at this time.
6. What damage or injuries do you claim resulted? (Give 'full ekteni of--,ini- es or
damages claimed. Attach two estimates- for auto damage..
Injuries include personal injuries, wage loss, dimunit.ion in-'property value
as well as emotional distress, pain and sufferring, medical and repair cost
7. How was the amount claimed above computed? (Include the estimated amount of any
prospective injury or damage.)
The amount of loss claimed in excess of $10, 000 has not yet been determines
Superior. Court jurisdiction applies to these claims.
8. Names and addresses of witnesses, doctors and hospitals.
A comprehensive list of all area hospitals and the identity of the individu
al doctors being consulted has not yet been completed. Witnesses include
the hundreds of individuals attached, UNOCAL and its employees, as well as
State and County employees investigating the release.
9. List the expenditures you made on account of.this accident or injury:
DATE ITEM AMOUNT
The specific expenditures made on account for the individuals whose names az
attached has not yet been completed.
Gov. Code Sec. 910.2 provides:
"The claim must be signed by the claimant
SEND NOTICES TO: (Attorney) or by some pem= on-his behalf."
Name and Address of Attorney
TIMOTHY P. RUMBERGER., Esq. lcmj
2161 Shattuck Ave, Suite 200 -
Berkeley, California 94704
same as attorneys ,
SCOTT EDWARD COLE, Esq. Address
2325 Clement Ave, Suite 210
Alameda, California 94501
(510) 841-5500 ;
Telephone No. _ ti Telephone No. contact attorney
* *
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.
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} „ CLAIM 1,13
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA March 21, 1995
X13
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: $280,000.00 Section 913 and 915.4. Please note all mijkrni����gs"tt^�^ �``ii...
CLAIMANT: Gilbert Somerhalder
_ . F E B 22 1995
ATTORNEY: Rand L. Stephens, Inc. COUNTY COUNSEL
Date received MARTINEZCALIF.
ADDRESS: 511 West Third Street BY DELIVERY TO CLERK ON February 22, 1995
Antioch CA 94509
BY MAIL POSTMARKED: February 21, 1995
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
DATED: February 22, 1995 �tIL �ep�tyLOR, Clerk ,
I1. FROM: County Counsel TO: Clerk of the Board of Supervisors
( ✓1' 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: oZ-2-3— S s 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
(v) This Claim is rejected in full.
( ) Other:
I certify that this is a -true and correct copy of the Board's Order entered in its minutes for
this date.
Dated: PHIL BATCHELOR, Clerk, By 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,
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 CA, eputy Clerk
CC: County Counsel County Administrator
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- __------- - - .- Law offices Of
_land L. Stephens r
Attorney At Law �� l
511 West`74rdStreet
Antioch,California 94509
la � COtdTRl1 COSTP.COt3IdT!'SsiERlFf
�Ielephone(510)757-1700 gg4liivlST�dATlO'd
Febr p ----s=
FAX 510-757-9418 [7FEIVEDAttn: Warren E. Rupf2 4 Ig95
Contra Costa Sheriffs Department P.-o�Ly'-°I s
651 Pine Street
Martinez, CA 94553 CLERK BOARD OF SUPERVISORS
CONTRA COSTA Co.
RE: CONTRA COSTA COUNTY. and CONTRA COSTA COUN'T'Y SHERIF
DEPARTMENT
Dear Sir or Madam:
You are hereby advised that the individual named above is filing a
claim against the County of Contra Costa and in particular, the
Sheriffs Department.
On or about September 26, 1994, claimant was arrested by- Contra
Costa County Sheriff officers without cause. During the arrest,
unnecessary force was used, and claimant was forced to his knees in
such a manner as to cause permanent injury thereto.
As a proximate result of the injuries sustained by claimant, as a
result of the battery and negligence by the sheriff officers, it
was necessary for claimant to undergo an operation to repair his
knees.
Summary of Damages:
Operation: $ 15,000. 00 (estimate)
Lost wages: $ 15, 000. 00
Future lost wages: $100, 000. 00
Emotional Distress/
Pain and Suffering: $150, 000. 00
Total damages: $280, 000. 00
GILBERT SOMERHALDER
Contra Costa County Sheriffs Department
February 8, 1995
Page Two (2)
Claimant is represented by the Law Office of Rand L. Stephens,
Inc. , and hereby requests that all further communications be sent
directly to his attorney Rand L. Stephens at:
Law. Office of Rand L. Stephens, Inc.
511 West Third Street
Antioch, CA 94509
(510) 757-170014"All
/
C�
RAND L. STEPHENS, Attorney at Law
I consent and authorize the above representation.
Date: �(
GILBERT SOMERHALDER
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Law Offices df
Rand L. Stephens REC�wE®
Attorney At Law
511 West 7liirdStreet FEB 2 2 1995
Antioch,California 94509
February 8, 1995 Tefephone(510)757.1700
AX 510-757-9418 CLER CON RACOSTA CO�SORS
Attn: Warren E. Rupf
Contra Costa Sheriffs Department
651 Pine Street
-
Martinez, CA ' 94553
RE: CONTRA COSTA COUNTY and CONTRA COSTA COUNTY SHERIFFS
DEPARTMENT
Dear Sir or Madam:
You are hereby advised that the individual named above is filing a
claim against the County of Contra Costa and in particular, the
Sheriffs Department.
On or about September 26, 1994, claimant was arrested by Contra
Costa County Sheriff officers without cause. During the arrest,
unnecessary force was used, and claimant was forced to his knees in
such a manner as to cause permanent injury thereto.
As a proximate result of the injuries sustained by claimant, as a.
result of the battery and negligence by the sheriff officers, it
was necessary for claimant to undergo an operation to repair his
knees.
Summary of Damages:
Operation: $ 15, 000. 00 (estimate)
Lost wages: $ 15, 000. 00
Future lost wages: $100, 000. 00
Emotional Distress/
Pain and Suffering: $150, 000. 00
Total damages:. $280, 000. 00
GILBERT SOMERHALDER
Contra Costa County Sheriffs Department
February 8, " 1995
Page Two (2)
Claimant is represented by the Law Office of Rand L. Stephens,
Inc.. , and hereby requests that all further communications be sent
directly to his attorney Rand L. Stephens at:
Law Office of Rand L. Stephens, Inc.
511 -West Third Street
Antioch, CA 94509
(510) 757-1700 /
C�
RAND L. STEPHENS, .Attorney at Law
I consent and authorize the above representation.
Date:
GILBERT SOMERHALDER
c:\wpwin6o\wpdoc\peminU'\\somerhol\intntsue.ltr
< CLfelM ,
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA March 21, 1995
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: $500,000.00 Section 913 and 915.4. Please note all "Warnings".
Pass.R V.
CLAIMANT: Jennifer Jane McCluskey I ,
ATTORNEY: James F. Geary _ FEB l 4
Date received COUNTYCOUNSEL
ADDRESS: 801 K Street, 23rd Floor BY DELIVERY TO CLERK ON February 23,�Plg9 EZCALiF.
Sacramento CA 95814
BY MAIL POSTMARKED: February 22, 1995
1. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
February 24 1995 ggIL BATCHELOR, Clerk
DATED: y eputy
Il. FROM: County Counsel TO: Clerk of the Board of Supervisors
( ui 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).
(,.,KOther: i
Dated: /d�-T / 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
(v/) This Claim is rejected in full.
( ) Other:
I certify that this is a -true and correct copy of the. Board's Order entered in its minutes for
this date. _
,
Dated: ���,pA c� /
GA �'�`� :�T I('�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.
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 b LA
Deputy Clerk
CC: County Counsel County Administrator
W�
Claim U: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY
INSTRUCTIONS TO CLAIMANT
A. Claims relating to causes of action for death or for injur --o 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 100th day after the accrual of the cause of
action. Claims relating to %uses 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 1069 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
fee • • � • eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee
RE: Claim By ) Reserved for Clerk's filing stamp
JENNIFER JANE MCCLUSKEY )
RECEIVED
Against the County of Contra Costa ) FEB 2 41995
or )
District) CLERK BOARD OF SUPERVISORS
CONTRA COSTA CO.
Fill in name ) . i
The undersigned claimant hereby makes claim a�i�nst the County of Contra Costa or j
the .above-named District in the sum of $ 5 00 , 000 and in support of
this claim represents as follows: j
1. When did the damage-or injury occur? (Give exact date and hour) I
August 23 , 1994 through November 1 , 1994 I
2. adhere did the damage or injury occur? (Include., city and county)
I
Brookside Hospital, San Pablo, Contra Costa County
3. How did the damage or injury occur? (Give full details; use extra paper if
required) '
Failure to properly diagnose and treat fractured right arm and resultant
infection. Failure to properly maintain appropriate infection control
standards.
4. What particular act or omission on the part of county or district officers,
servants or employees caused the injury or damage?
Failure to properly protect the injury against infection, failure to
properly diagnose and treat infection and failure to properly surgicall�l
treat the fracture and resultant infection
(over) I
5. What are the names of county or district officers, servants or employees causing • �
the damage or injury?
J. Hutchison, M.D. and other health care providers presently unknown
6. What damage or injuries do you claim resulted? (Give full extent of injuries or
damages claimed. Attach two estimates for auto damage.
Permanent disability to right arm; pain and suffering; lost wages
7. How was the amount claimed above computed? (Include the estimated amount of any
prospective injury or damage.)
500 , 000 general and special damages
8. Names and addresses of witnesses, doctors and hospitals.
J. Hutchison, M.D.
K. Afsari, M.D.
Brookside Hospital
9. List the expenditures you made on account of this accident or injury:
DATE ITEM AMOUNT
information in process of being gathered
eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee
Gov. Code See. 910.2 provides:
"The claim must be signed by the claimant
SEND NOTICES TO: (Attorney) or by some_.Verson on behalf."
Name and Address of Attorney
Hunter Richey Di Benedetto &
Brewer (91].(;-) 4.41-/1420 Claimant's Signature
James F. Geary (Bar No- 061238)
�Jes801 K Street, 23rd Floor F Geary, Attorney or claimant
Sacramento, CA 95814 Address
same
Telephone No. (916) 441-4 420 Telephone No.
eeeeeee eee • feee eee
NOTICE
Section 72 of the Penal Code provides:
"Every person who, with intent to defraud, presents for allowance or for
payment to any state beard 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 waiting, 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.
i
HUNTER RICHEY Di BENEDE= & BREWER
Attorneys at Law
William S. Hunter Telephone
Win R. Richey Renaissance Tower 916441.4420
William J. Koenig,M.D. TwentyThird Floor
Anne E.Ferguson Facsimile
James Andrew Caprile 801 K Street 916-441-6525
Florence L.DiBenedetto SACRAMENTO, CALIFORNIA 95814-3525
Roy E.Brewer Of Counsel
Brian J.Bartow, R.N. Gene Berk
Judith J.Citko'
James E Geary February 2 2, 19 9 5
,Also Admitted in Selo File Number
55600101
VIA FEDERAL EXPRESS
Clerk
Board of Supervisors
County Administration Building
651 Pine Street, Room 106
Martinez, California 94533
Re : Jennifer Jane McCluskey Claims
Dear Clerk:
Enclosed please find the following Claims filed on
behalf of Jennifer Jane McCluskey:
1 . Claim by Jennifer Jane McCluskey Against the
County of Contra Costa; and
2 . Claim by Jennifer Jane McCluskey Against the
County of Contra Costa or Brookside Hospital .
Please file immediately and return the endorsed copies
to- me in the enclosed envelope.
Thank you for. your cooperation. Please do not hesitate
to contact me should you have any questions or comments .
Sincerely,
Lori Kelly
Secretary to -James F. Geary
lk:S5600101\002
_ CLAIM
BOARD OF SUPERVISORS OF CONTRA.fOSTA COUNTY, CALIFORNIA March 21, 1,995
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: $500,000.00 Section 913 and 915.4. Please note all "Wla�rl1nings'., l
CLAIMANT: Jennifer Jane McCluskey l�
ATTORNEY: James F. Geary FEB 2
Date received COUNTYCOUNSEL
MRTiNEZ CALIF.
ADDRESS: 801 K Street, 23rd Floor BY DELIVERY TO CLERK ON February �3, 1995
Sacramento CA 95814
BY MAIL POSTMARKED: February 22, 1995
1. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
DATED: February 24, 1995 ggIL BELeputy OR, Clerk
..;:..
I1. FROM: County Counsel 70: 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 14,/
btu�_
Dated: ",?—o q— 9 5r 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�d&�-a,( , 199 5"PHII 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.
AFFIDAVIT OF MAILING
I 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: BY: PHIL BATCHELOR b eputy Clerk
CC: County Counsel County Administrator
Claim to: BOARD OF SQPERMORS,OF MWTRA COSTA MUM
INSMUCTIONS 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 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 5911.2.)
B. Claims must be filed with the Clerk of the Board of Supervisors at its office in
Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553.
C.. If claim is against a district governed by the Board of Supervisors, rather than
the County, the name of :the District should_,be filled in.
D. If the claim is against more than one public entity, separate claims must be
filed against each public entity. - - .
E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at the end of this
To.
i i f * * ■ f � * f f f f Ii � f f • f f f E i f f � � ! f f f f i ! ! f � f f f i f �
RE: Claim By ) Reserved for Clerk's filing stamp
JENNIFER JANE MCCLUSKEY )
)
RECEIVED
Against the County of Contra Costa FS 2 C995
or ).
BROOKSIDE HOSPITAL District) CLERK BOARD OF SU ERVISORS
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 $ 500 , 000 and in support of
this claim represents as follows:
1. When did the damage or injury occur? (Give exact date and hour)
August 23 , 1994 through November 1 , 1994
2. Where did the damage or injury occur? (Include city and county)
Brookside Hospital, San Pablo, Contra Costa County
3. How did the damage or injury occur? (Give full details; use extra paper if
required)
Failure to properly diagnose and treat fractured right arm and resultant
infection. Failure to properly maintain appropriate infection control
standards.
4. What particular act or omission on the part of county or district officers,
servants or employees caused the injury or damage?
Failure to properly protect the injury against infection, failure to
properly diagnose and treat infection and failure to properly surgically
treat the fracture and resultant infection
(over)
5. What are the names of county or district. officers, servants or employees causing '
the damage or injury? '
J. Hutchison, M.D. and other health care providers presently unknown
6. What damage or injuries do you claim resulted? (Give fal extent of injuries or
damages claimed. Attach two estimates for auto damage.
Permanent disability to right arm; pain and suffering; lost wages
7. How Was the amount claimed above computed? (Include the estimated amount of any
prospective injury or damage.)
500 , 000 general and special damages
B. Names and addresses of witnesses, doctors and hospitals.
J. Hutchison, M.D.
K. Afsari, M.D.
Brookside. Hospital
9. List the expenditures you made on account of this accident or injury:
DATE ITEM AMOUNT
information in process of being gathered
! • f E f f # f f f f .i f f • f f f f f f f f f f * f • f i • f 4E
Gov. Code Sec. 910.2 provides:
"The claim must be signed by the claimant
SEND NOTICES TO: (Attorney) or by some on h lf."
Name and Address of Attorney
Hunter Richey Di Benedetto &
BrewerClaimant's Signature
James F. Geary (Bar No. 061238) es F. Geary, ,A'ttorney for claimant
801 K Street, 23rd Floor
Sacramento, CA 95814 Address
same
Telephone No. (916)- 441-4420 Telephone No.
sfs • ese ess • • sff ffe
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.
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CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA march 21, 1995
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: .'$82,000.00 Section 913 and 915.4. Please note all niUS"..
01,' ,
CLAIMANT: Lori L. Clark
FEB 2 2 1995
ATTORNEY: Harvey SohnenCOUNTYCOUNSEL
Date received MARTINEZCALIF.
ADDRESS: 1280 Boulevard Way, Suite 202 BY DELIVERY TO CLERK ON February 21, 1995
Walnut Creek CA 94595
BY MAIL POSTMARKED: Hand Delivered
1. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
February 22 1995 JYIL gATCHELOR, Clerk ,
DATED: y BY: Deputy
I1. FROM: County Counsel TO: Clerk of the Board of Supervisors
( )' This claim complies substantially with Sections 910 and 910.2.
( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying
claimant. The Board cannot act for 15 days (Section 910.8).
( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send
warning of claimant's right to apply for leave to present a late claim (Section 911.3).
( ) Other:
Dated: " Z 3 9 BY: �„ Deputy County Counsel
o
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
(ti-f 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-m&" at1 , I q-9 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. 'Ifyou want to consult
an attorney, you should do so immediately.
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: al 5 BY: PHIL BATCHELOR by Deputy Clerk
CC: County Counsel County Administrator
Claim to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY
INSTRUCTIONS TO CLAIMANT
A. Claims relating to causes of action for death or for injury to person 'or to per-
sonal property or growing crops and which accrue on or before December 31, 1987,
must be presented not later than the 100th day after the accrual of the cause of
action. Claims relating to causes of action for death or for injury to person
or to personal property or growing crops and which accrue on or after January 1,
1988, must be presented not later than six months after the accrual of the cause
of action. Claims relating to any other cause of action must be presented not
later than one year after the accrual of the cause of action. (Govt. Code §911.2.)
B. Claims must be filed with the Clerk of the Board of Supervisors at its office in
Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553.
C. If claim is against a district governed by the Board of Supervisors, rather than
the County, the name of the District should be filled in.
D. If the claim is against more than one public entity, separate claims must be
filed against each public entity.
E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at the end of this
form.
RE: Claim By ) Reserved for Clerk's filing stamp
LORI L. CLARK ) !�;.
)
.� ;; RECEIVE®
Against the County of Contra Costa )
1=�� 2 1 1995
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 $ 82, 00 0. 00 and in support of
this claim represents as follows:
-------------------------------------------------------------------------------------
1. When did the damage or injury occur? (Give exact date and hour)
-------- September 16_ 1994---------------------------------------------------------
2. Where did the damage or injury occur? (Include city and county)
-------- Martinezz California-------------------------------------------------------
3. How did the damage or injury occur? (Give full details; use extra paper if
required) Rejection of appeal of medical disqualification for position of dispatcher
with sheriff's department. The reason for rejection was sexual orientation. The
rejection is set forth in the letter_ dated September 16, 1994 (attached) .
4. What particular act or omission on the part of county or district officers,
servants or employees caused the injury or damage?
Improper ratification by County of its consultant', ,; Gordon Wolf's determination
based on claimant's sexual orientation.
(over)
5. What are the names of county or district officers, servants or employees causing
the damage or injury?
Christine Weckel, Training Coordinator, Eileen. .K.-Bitten, Assistant Director of Personnel.
------------------------------------------------------------------------------------
6. What damage or injuries do you claim resulted? (Give full extent of injuries or
damages claimed. Attach two estimates for auto damage.
Wage loss and emotional distress.
-------------------------------------------------------------------------------------
7. How was the amount claimed above computed? (Include the estimated amount of any
prospective injury or damage.)
$7,000 wage loss to date, computed as difference between dispatcher salary and
actual earnings; wage loss continuing at $700/month. Emotional distress
estimated-at-$ 75, 000. 00
------------- -- --------------------------------------------------------------------
8. Names and addresses of witnesses, doctors and hospitals.
Gordon Wolf, Ph.D.
831 La Tour Court, Suite A
Napa, CA 94558
-------------------------------------------------------------------------------------
9. List the expenditures you made on account of this accident or injury:
DATE ITEM AMOUNT
Gov. Code Sec. 910.2 provides:
"The clai st be signed by the claimant
SEND NOTICES TO: (Attorney) or b e person pn his behalf."
Name and Address of Attorney
Harvey Sohnen - State Bar No. 62850
PAGE & SOHNEN Claimant's Signature
1280 Boulevard Way, Suite 202 Harvey Sohnen
Walnut Creek, CA 94595 1280 Boulevard Way, Suite 202, Walnut Creek, CA 94595
Address
1510) 94 -> > i7
Telephone No. (510) 945-1117 Telephone No.
* * * * * * * V V V V V V V * *
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 imprisonment and fine.
Contra '' 5� L ° Personnel Department
� J
Costa o;• i :< Administration Bldg.
x ` ' - =`•4 651 Pine Street
Martinez, California 94553-1292
County
racbcT+
September 16, 1994
Lori L. Clark
4410 Black Walnut Ct.
Concord, CA 94521
Dear Ms. Clark:
Reference is made to your August 23, 1994 appeal of the medical/psychological disqualification
for the position of dispatcher with the Sheriff's Department. My staff reviewed your appeal.
Our review shows that your sexual orientation was not a factor in determining whether to hire
you as a dispatcher.
With regard to the MMPI. it is a standardized psychological test recommended by the Peace
Officer Standards and Training Commission (P.O.S.T.) which governs the standards for
dispatchers and peace officers.
Insofar as our review indicates that your disqualification was not based on your sexual
orientation, I am unable to grant your appeal.
Sincerely,
Eileen K. Bitten
Assistant Director of Personnel
EKB:WGR
CLAIM
BOARD OF SUPf_RVISOR_; OF CONTRA COSTA COUNTY, CALIFORNIA
--- March 21, 1995
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: $300,000.00 Section 913 and 915.4. Please note all "Warnings"
CLAIMANT: Robert Parker
ATTORNEY: Robert P. Star, Esq. FEB 2 2 1995
Date received COUFebruary 22 N� i��I��EZCALiR
ADDRESS: 877 y acio Valley rd. Ste. 208 BY DELIVERY TO CLERK ON ry
Walnut Creek CA 94596
BY MAIL POSTMARKED: Hand Delivered
1. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
EpV�{IL ATCHELOR, Clerk
DATED: February 22, 1995 BT: Deputy
IJ. FROM: County Counsel TO: Clerk of the Board of Supervisors
(.This claim complies substantially with Sections 910 and 910.2.
( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying
claimant. The Board cannot act for 15 days (Section 910.8).
( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send
warning of claimant's right to apply for leave to present a late claim (Section 911.3).
( ) Other:
Dated: Z- Z3 - S .S BY: Deputy County Counsel
J11. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2)
( ) Claim was returned as untimely with notice to claimant (Section 911.3).
1V.. BOARD ORDER: By unanimous vote of the Supervisors present
(V ) This Claim is rejected in full.
( ) Other:
I certify that this is a true and correct copy of the Board's Order entered in its minutes for .
this date.
Dated: a At XJJ_ (2 HIL BATCHELOR, Clerk, By Deputy Clerk
WARNING (Gov. code section 913)
Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or
deposited in the 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.
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 p l -yyail_ BY: PHIL BATCHELOR by eputy Clerk
CC: County Counsel County Administrator /
PAGE & SOHNEN
1280 Boulevard Way, Suite 202
Walnut Creek, CA 94595
Tel. (510) 945-1117
FAX (510) 945-1245
February 21, 1995
TO: Clerk of the Board of Supervisors
Room 106,
County Administration Building
651 Pine Street
Martinez, CA 94553
Case: Lori Clark
Enclosures: Claim
These are furnished for the purpose designated below:
(X) Please file the enclosed original.
(X) Please return to us endorsed file copies.
( ) Please issue original ( ) Summons
(
) 'Writ
( ) Abstract
and return to us.
( ) Please present order to the Judge for signature and
( ) File and Return to us
( ) Please record enclosure(s) and return to us.
( ) Please set hearing on
( ) Calendared by telephone.
( ) Please certify copy (s) and return to us.
( ) Our check in the amount of $ is enclosed to cover
costs/fees. Kindly return your receipt.
( ) A self-addressed, stamped envelope is enclosed.
( ) Other:
PAGE & SOHNEN
Misti D. Ogorchock v
Secretary to Harvey Sohnen
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� em
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Q ¥ 00
Claim to:. BOARD OF SQPERVISORS OF CONTRA COSTA aXIN7Y
INSTRUCIIONS 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 319 19879
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,
19889 must be presented not later than six months after the accrual of the cause
of action. Claims relating to any other cause of action not be presented not
later than one year after the accrual of the cause of action. (Govt. Code 6911.2.)
B. Claims must be filed with the Clerk of the Board of Supervisors at its office in
Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553•
C. If claim is against a district governed by the Board of Supervisors, rather than
the County, the name of the District should be filled in.
D. If the claim is against more than one public entity, separate claims must be
filed against each public entity.
E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at the end of this
To_FM
RE: Claim By ) Reserved for Clerk's filing stamp
)
ROBERT PARNER )
RECEIVED
Against the County of Contra Costa ) FEB 2 21995
or44
)
District) . e ,*- CLERK BOARD OF SUPERVISORS
Fill in`name - , ) - CONTRA COSTA Co.
The mdersiped. claimant hereby makes claim against the County of Contra Costa or
the above-named Dist:iet in the aum of $ 300, 000 and in support of
this claim represents as follows:
1. When did the damage or injury occur? (Give exact date and hour)
oc to`bcr . 2 f , 1 4 1 : po _
�M---M �Yw--�-
2. Where did the damage or injury occur? (Include city and county)
County Court House, 725 Main Street, Martinez, Contra. Costa County
3. Row did the damage or injury occur? (Give !till details; use extra paper if
required) Cla.iman.t fell while descending the rear staircase, slipped
on the second from the bottom step, just above the- first floor.
4. What particular act or omission an the part of county or district officers,
servants or employees caused the injury or damage? Failure to maintain
stairway in safe condition, failure to re-paint steps with abrasive-type
coati ncj. Abrasive paint worn smooth where claimant slippcd.
(over)
5. 'What are the names of county or district officers, servants or employees causing
the damage or injury? '
unknown
5. What damage or injuries do you claim resulted? (Give full extent of injuries or
damages claimed. Attach two estimates for auto damage.
Broken hip, surgically repaired, second surgery required.
7. How was the amount claimed above computed? (Include the .estimated amount of any
prospective injury or damage.)
Pain & suffering, medical expenses including nursing care and future costs.
S. Names and addresses of Witnesses, doctors and hospitals.
not required under Gov. Code Section 910
9. List the expenditures you made on account of this accident or injury:
DATE ITEM AMD=,
not required under Gov. Code Section 910
Medical- e�plenses unknown at this time.
Gov. Code Sec. 910.2 provides:
"The claim must be signed by the claimant
SEND NOTICES TO: (Attorney) or by some verson on his behalf."
Name and Address of Attorney
Ro.hert P. Star, Esq, (Claimant's Signature
LAW OFFICES OF ROBERT P. STAT
877 Ygnacio Valley Road, Suite 08 1517 Ironwood 'Street
Walnut Creek, CA 94596 Ad ss
Tulare, CA 93274
Tele hone No. ( 51 0 ) 932-3311 Tel ( 209 ) 687-8760
-- s ! s x ! n ! . • v o ! ! o m g • 0 0 apfo9eN
ls No. ( 209 )
'9 a I aa"a a ! !
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 ($1090009 or by
both such imprisonment and fine.
. Y
ROBERT P. STAR
ATTORNEY AT LAW
877 YGNACIO .VALLEY ROAD, SUITE 208
WALNUT CREEK, CALIFORNIA 94596
TEL (510) 932-3311
FAX (510) 938-4417
February 21, 1995
Clerk of the Board of Supervisors
County Administration Building, Room 106
651 Pine Street
Martinez, CA 94553
RE: Robert Parker v. Contra Costa County
ENCLOSED: Original plus 1 copy of Claim
For your records and information.
Issue of Summons .
For your signature and returning the enclosed in the
envelope provided.
x Filing of original and returning of the endorsed-filed
copies to the undersigned in the envelope provided.
$182 for filing Complaint in the Superior Court.
$80 for filing Complaint in the Municipal Court.
$14 motion fee.
, Per your request.
Please call our office.
OTHER:
Very truly yours,
Judy Wai
Secretary to Robert P. Star
Enclosures
trans.cc
W CLAIM
' BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
_. "" ., March 21, 1995
Claim Against the County, or District governed by) BOARD ACTION
the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT
and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of
California Government Codes. ) the action taken on your claim by the Board of Supervisors
(Paragraph IV below), given pursuant to Government Code
Amount: Unknown Section 913 and 915.4. Please note all °Warn ngs11-.r, -r;_<
'cI
_�
CLAIMANT:
William Ryle
ATTORNEY: COUNTY COUNSEL
Date received February 23 MARTINEZ
RTIN Z CALIF.
erua
ADDRESS: 649 - 37th Street BY DELIVERY TO CLERK ON ry
995
Richmond CA 94805
BY MAIL POSTMARKED: Hand Delivered via: Risk Mgmt
1. FROM: Clerk of the Board of Supervisors TO: County Counsel
'Attached is a copy of the above-noted claim.
DATED: February 23, 1995 ppkkIL BATCHELOR. Clerk
BT: Deputy
I1. FROM: County Counsel TO: C1erk,of the Board of Supervisors
((This claim complies substantially with Sections 910 and 910.2.
{ ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying
claimant. The Board cannot act for 15 days (Section 910.8).
( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send
warning of claimant's right to apply for leave to present a late claim (Section 911.3).
( ) Other:
Dated: — Z j _ �J BY: !/,���[�i�tc�� %� ---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
(V/) This Claim is rejected in full.
( ) Other:
I certify that this is a -true and correct copy of the Board's Order entered in its minutes for
this date.
Dated-Ma,,A aA )J 1 PHIL BATCHELOR, Clerk, By Deputy Clerk
WARNING (Gov. code section 913)
Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or
deposited in the mail to file a court action on this claim. See Government Code Section 945.6.
You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult
an attorney, you should do so immediately.
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 ire the United States Postal Service in Martinez,
California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to
the claimant as shown above.
Dated: a.� , ).�°)s BY: PHIL BATCHELOR by -Deputy Clerk
CC: County Counsel County Administrator
i`$ ,crW
RECEIVE®
l o '. 5�se��_�o�d� � _ 6 y�t 3►� i� S
FEB 2 3.1995Ma
651 he SF," �,�►�=lea� J4a:
CLERK BOARD OF SUP RVISOM CP-
CONTRA COSTA CO.
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From: William Ryle Date: 11-14-94 To: Kathy Toro
649 37th St.
Richmond,
Ca. 94805.
Dear Madam,
First I want to ensure you that I am successfully battling my
stage 3 colon cancer. The treatments and services I have received
have been excellent. I have been hospitalised three times, twice
lost about 30lbs. but to-day I have recovered my old weight and
energy - although not my stamina. That will come, I'm sure,when
I finish with my aggressive chemo treatments in Feb. 1995. There
is only one blot, one source of stress that I have been unable to
remove vis a vis my treatment, and that unfortunately involves the
payment of two ambulance bills. I trust we can settle this matter
with this letter.
I am insured under my wife's plan , Dorothy J. Powell, at
Contra Costa County. Originally this was Synergetic - 1 st Choice
with an address in San Jose. Later they got bought out by Qual Med.
American Medical Response West, the ambulance service, has
billed me for two trips on 01-02-94. The first at 0308 hrs..from
my home to Brookside Hospital. The second from Brookside to Summit
at 1831 hrs. the same day. That is accurate.
At first we sent the bills to the address in San Jose on the
back of my Synergetic - 1 st Choice card. That was in Febuary. We
again sent them to this address in May '94. Then after phone calls
to United Admin. Services and AMR-West in June we got to the
bottom of the problem. Apparently no mail was being forwarded from
the address we were billing, to you at United Admin. AMR- West
said they mailed these bills on June 29th. Again on August 11 th I
was talking to AMR and United Admin. At AMR I talked with Roland
at extension 2268. At United Admin. I talked to Karen at 402.
Roland said he would fax the bills the following day. Karen
assured me everything would be alright even though it was, by now,
past the 6 month deadline. Unfortunately that was not the case.
Again on Oct. 19th I was going over the same facts although this
time with Roxanne at AMR and a supervisor, Sharlene, at United
Admin. By now I think Sharlene can tell you I was showing signs of
the stress of all this.
Trusting you too are exhausted by all this and will settle
the matter now and get the Bay Area Credit Service off my back,
Cod nty Administrator Contra
liability Claims (510)646-4155
Risk Management Risk Administration (510)646-2014
Costa Safety (510)646-2203
County Administration Building Vocational Rehabilitation (510)646-2239
651 Pine Street,6th Floor County Workers'Compensation (510)646-2926
Martinez,California 94553 Fax Number
(510)646-2547
SE4t
f.V
COUh�
February 3, 1995
William Ryle
649 - 37th Street
Richmond, CA 94805
Dear Mr. Ryle:
Re: 1st Choice Appeal Rights
You asked what your appeal rights are to the denial by the 1st
Choice Joint Board of Trustees of your appeal application. If your
claim is for less than the jurisdictional limit of Small Claims
Court, which is currently $5,000, then your exclusive remedy is to
file an action in Small Claims Court.
Because the lst Choice Trust was terminated January 31, 1995,
if you decide to file an action in Small Claims Court, the action
should also be filed against the County as successor to the Trust.
Should you decide to file an action in Small Claims Court
against the County, you must first file a claim against the County.
In your claim against the County, you should point out your appeal
rights were denied by the 1st Choice Trust and the date of that
denial . You should also point out you were informed and believe
the County is successor to the 1st Choice Trust.
Sincerely,
t
0 EPH ON A
R k Manager
JJT:py
1120 S. BASCOM AVENUE
✓ """:.
t' • ^ SAN JOSE, CALIFORNIA 95128-3590
PHONE (408) 279-3131
UNITED ADMINISTRATIVE SERVICES FAX (408) 286-3926
December 21, 1994
Mr. William Ryle
649 - 37th Street
Richmond, CA 94805
Re: 1st Choice Employee Benefits Trust
Claim Appeal 121994A
Dear .Mr. Ryle:
At their meeting December 19, 1994 the Board of Trustees
considered your appeal_ of the benefit denial for ambulance service
on January 2 , 1994 .
The applicable plan provisions and the circumstances of this claim
were carefully reviewed. It was noted that the plan specifically
requires a claim be filed within six months after expenses have
been incurred. Our office has no record of receiving this bill, and
Synergetics was periodically forwarding claims submitted to their
office. Also, there is no record of any call to Karen, who worked
in our customer service department.
Following their review, the Trustees decision was to deny your
appeal . Attached is a copy of pages 6 through 9 of your plan
booklet which explains the filing requirement and the Claims Review
Procedures.
If you have any questions on this, Mr. Ryle, please do not hesitate
to contact our office.
Sincerely,
_ %4 t� wnize.,
Timothy a n
Admini rator Told
TJE/kc 'f
Enclosure
cc:. Claims Department`
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OTF iTMF P1 I At•1n MIMRFP r-ni 1 FIl TYPE PATE MTALS AKIINT Sn ______I13XL5112.___h
JL31 101 OP SAN FRAN CA 4155867448 DRCT NTE 16 .28 Z2VB00000000 FSL-PSD-
I 5 AU02 802A BENICIA CA 7077460418 DRCT DAY 4 .22 Z2VB00000000 FSl_-PSD-
i6 Au02 937A BENICIA CA 7077460418 DRCT DAY 2 .14 Z2VB00000000 FSL-PSD-
7 AU02 1106A BENICIA CA 7077460418 DRCT DAY 1 .10 Z2VB00000000 FSL-PSD--
8 AU011 801P .SAN FRAN CA 4155867448 DRCT EVE 5 .18 Z2VB000OOOOO FSL-PSD-
9 AU05 1044A SAN FRAN CA 4153341850 DRCT DAY 1 .10 Z2VB00000000 FSL-PSD-
110 AU09 908P SAN FRAN CA 4153341850 DRCT EVE 1 .07 Z2VB00000000 FSL-PSD-
1 AU10 1017A SAN FRAN CA 4153341850 DRCT DAY 1 .10 22VB000OOOOO FSL-PSD-
12 AU1O 353P SAN FRAN CA 4153341850 DRCT DAY 1 .10 Z2VB00000000 FSL-PSD-
I13 AUIO 927P SAN FRAN CA 4153341850 DRCT EVE 27 .BO Z2VB00000000 FSL-PSD-
AU12 1043E SAN FRAM CA 4153341850 DRCT DAY 1 10 22YB000OOOOO FSL-PSD-
I15 AUT2 1045A SAN FRAN CA 4154671795 DRCT DAY 1 r10 Z2VB00000000 FSL-PSC-
16 AU16 1040P VALLEJO CA 7075577988 DRCT EVE 2 .10 22VB000OOOOO FSI--PSD-
117 AU20 1017P SAN FRAN CA 4155867448 DRCT NTE - 57 .94 22VB000OOOOC FSL-PSD-
3.33
SERVICE AREA CALLS
----DGTF TIME PI ACF ANn Nt NRFR rAd I Fn TYPF PATE MTNQ AMO INT S(l -----------LaXLSt1B.---h
118 JL26 811P OAKLAND CA 5105688675 DRCT EVE 21 1 .97 32VB000OOOOO FSLSPTD-
I19 JL271
245P CAMPBELL CA 4083763690 DRCT DAY 2' .65 32YB000OOOOO FSLSPiD-
20 JL27 1246P SAN JOSE CA 4082793131 DRCT DAY 10 2.59 32VB000OOOOO FSLSP',D-
121 JL27 1257P FREMNTNWRKCA 5106579999 DRCT DAY 4 .97 32VB000OOOOO FSLSPTD-
22 JL27 725P OAKLAND CA 5105688675 DRCT EVE 1 .15 32VB000OOOOO FSLSPID-
23 JL27 732P OAKLAND CA 5105688675 DRCT EVE 6 .60 32YB000OOOOO FSLSPTD-
24 JL27 813P OAKLAND CA 5105688675 DRCT EVE 1 .15 32x600000000 FSLSPTC-
25 JL27 929P WALNUT CRKCA 5109471929 DRCT EVE 1 .15 32VB000OOOOO FSLSPID-
26 JL28 750P OAKLAND CA 5105688675 DRCT EVE 1 .15 32VB000OOOOO FSLSPID-
, 27 JL29 1051A WALNUT CRKCA 5109471929 DRCT DAY 1 .22 32YB000OOOOQ FSLSPID-
128 JL29 706P WALNUT CRKCA 5109471929 DRCT EVE 1 .15 32YB000OOOOO FSLSPTD-
29 JL29 716P OAKLAND CA 5105688675 DRCT EVE 3 .33 32VB000OOOOO FSLSPTD-
30 JL29 1020P OAKLAND CA 5105688675 DRCT EVE 3 .33 32VB000OOOOC FSLSPID-
31 JL30 1117A WALNUT CRKCA 5109471929 DRCT NTE 1 .08 32VB000OOOOO FSLSPTD-
� 32 JL31 106P WALNUT CRKCA 5109471929 DRCT NTE 1 .08 32VB000OOOOO FSLSPIL'-
33 JL31 409P OAKLAND CA 5105688675 DRCT NTE 6 .34 32VE00000000 FSLSPTD-
34 AU05 1151A SANTA CRUZCA 4084594397 DRCT DAY 2 .71 32YB000OOOOO F54-SPID-
35 AU05 1153A WALNUT CRKCA 5109471929 DRCT DAY 1 .22 32VB000OOOOO FSLSPTD-
36 AU06 1106A WATSOWL CA 4087221280 DRCT NTE 14 1.77 32VE00000000 FSLSPTD-
37 AU07 652P OAKLAND CA 510,5688675 DRCT NTE 1 .08 32v8o0000000 FSLSPTD-
38 AU08 1159A OAKLAND CA 5105688675 DRCT DAY 2 .35 32VB000OOOOO FSLSPTD-
I
C ON T I rw-c S
ACCOUNT NUMBER 510 236-8073 320 N 1167
BILL DATE AUG 23 1994 PAGE
PACIFIC BELL DIRECT DIALED CALLS
SERVICE AREA CALLS (CONTINUED)
TTMF Pt arc ANn NIMBER C,BLI FD TYPF PATE MTNc; AM"iNT Sn -----------LGA LSUk_,_.-h
1 AU08 1204P WALNUT CRKCA 5109471929 DRCT DAY 1 .22 32YB000OOOOO FSLSPID-
2 AU08 115P PLEASANTONCA 5104160150 DRCT DAY 3 .75 32VB000OOOOO FSLSPTD-
3 AU10 145P PLEASANTONCA 5104160150 DRCT DAY 2 .53 32VB000OOOOO FSLSPID-
Aull 1136E SAN JOSE CA 408 7 3131 DR T Y 7 1. 4 v F 1•l-
11 4 Y .48 BOOOOOOOC FSLSPIC-
j 6 AUII 1146A SAN JOSE CA 4082863926 DRCT DAY 1 .34 32VB000OOOOO FSLSPiD-
7 kult 1147E SAN JOSE CA 4082793131 DRC' DAY 4 1.09 32VB000OOOOO FG1SP1r,-
8 Aull 115 CONCORD CA 5106767979 DRCT DAY 2 35 32VB000OOOOO FSLSP u-
9 Rtltt 1153A SAN JOSE CA 4082793 31 DRC1 - 4 00000000 F ^-
� 10 AUII 1102P PALO AL 0 CA 41 9386 T NTE 477 4.1 J`- 2V 00000000 �SLSPIu-
11 AU12 1139A OAKLAND CA 5105688675 DRCT DAY 1 .22 32YB000OOOOO FSLSPID-
12 AU12 1239P SANTA CRUZCA 4084594397 DRCT DAY 2 .71 32VB000OOOOO FSLSPID-
113 AU12 1240P OAKLAND CA 5105688675 DRCT DAY 1 .22 32VE00000000 FSL.SPID-
111+ AU12 737P OAKLAND CA 5105688675 DRCT EVE 1 .15 32YB000OOOOO FSLSPID-
115 AU13 1017A OAKLAND CA 5105688675 DRCT NTE 8 .45 32VB000OOOQO FSLSPI0-
1 )6 AU13 549P OAKLAND CA 5104839193 DRCT NTE 6 .34 32x800000000 FSt-SP,D-
I 17 AU13 555P OAKLAND CA 5104250736 DRCT NTE 1 .08 32YR00000000 FSLSPID-
118 AU14 1025A OAKLAND CA 5105688675 DRCT NTE 1 .08 32VB000OOOOO F51-SP1D-
119 P4.j14 1032A OAKLAND CA 5105688675 DRCT NTE 1 OS 32VB000OOOOO FSLSPID-
20 AU14 1154A OAKLAND CA 5105688675 DRCT NTE 10 .55 32YB000OOOOO FSLSPi;).
121 AU15 214P WALNUT CRKCA 5109471929 DRCT DAY 1 .22 32YB000OOOOO FS.S1"
j22 AU 15 424P SANTA CRUZCA 4084594397 DRCT DAY 2 .71 32VB000OOOOO FSt.Sf:lD-
?3 Au!6 1042P HAYWARD CA 5107836741 DRCT EVE 4 .51 32VB000OOOOC FSL.SPi;;-
2v 411 1222A FAIRFLSSUNCA 7074250104 DRCT NTE 1 .11 32VB00000000 FSLSPt;1-
25 ALP? 144A FAIRFLSSUNCA 7074250104 DRCT NTE 108 8.24 32x800000000 FCSl-51".
-6 AU17 853A DAKLAND CA 5104250736 DRCT DAY 1 .22 32VB00000000 FSLSF"
D•
12' AU17 1013A WALNUT CRKCA 5109471929 DRCT DAY 1 .22 32vB0000000C' FSLSPTD
Y jf4y t1 E?C�1� ilCtiir� i<) La c-,X r,
x 1 . 4• 1 i >f1y;"� 117 I Rif I?rA1' SgPvli,;,,: .
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