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MINUTES - 03071995 - 1.9
CLAIM BOARD OF SUPERVISORS-OF CONTRA COSTA COUNTY, CALIFORNIA March 7, 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: $39,550,000.00 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: Jessica Dupre, Julie Fichter et al. , ATTORNEY: Timothy Jaress, Esq ` Date received ADDRESS: 1426 Fillmore St. , Ste. 213 BY DELIVERY TO CLERK ON February 15, 1995 San Francisco, CA 94115 BY MAIL POSTMARKED: Hand Delivered I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PpHHIL BATCHELOR, Clerk DATED: February 16, 1995 Br: Deputy el 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: 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 (✓)DOThis 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 7 19955 PHIL BATCHELOR, Clerk, By Deputy Clerk LZ 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 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: MR W 7 1995 BY: PHIL BATCHELOR bC.,.,&,,puty Clerk CC: County Counsel County Administrator OFFICE OF COUNTY COUNSEL DEPUTIES: ' 1 CONTRA COSTA COUNTY PHILLIP S. ALTHOFF fi 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. MUIVIZ February 17 , 1995 VALERIE J. RANCHE DAVID F. SCHMIDT DIANA J. SILVER VICTORIA T. WILLIAMS NOTICE OF INSUFFICIENCY AND/OR NON-ACCEPTANCE OF CLAIM TO: Timothy Jaress, Esq. 1426 Fillmore St. Ste 213 San Francisco, CA 94115 RE: CLAIM OF: Jessica Dupre, Julie Ficter et al . 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 name and post office address of each claimant. [] 2 . The claim fails to state the post office address to which the person presenting the claim desires notices to be sent. [] 3 . The claim fails to state the date, place or other circumstances of the occurrence or transaction which gave rise to the claim asserted. [] 4 . The claim fails to state the name (s) of the public employee (s) causing the injury, damage, or loss, if known. [] 5 . The claim fails to state whether the amount claimed exceeds ten thousand dollars ($10, 000) . If the claim totals less than ten thousand dollars ($10 , 000) , the claim fails to state the amount claimed as of the date of presentation, the estimated amount of any prospective injury, damage or loss so far as known, or the basis of computation of the amount claimed. If the amount claimed exceeds ten thousand dollars ($10, 000) , the claim fails to state whether jurisdiction over the claim would rest in municipal or superior court. [] 6 . The claim is not signed by the claimant or by some person on is behalf . [X] 7 . Other: Government Code § 910 (a) requires the name and post office address of the claimant. Please submit individual claims for each claimant. VICTOR J. WESTMAN, County Counsel By: Deputy County C unsel 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: February 17, 1995 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) OFFICE OF COUNTY COUNSEL DEPUTIES: �. CONTRA COSTA COUNTY PHILLIP S. ALTHOFF SHARON L. ANDERSON ' BRANDON D. BAUM COUNTY ADMINISTRATION BUILDING ANDREA W. CASSIDY moo_ 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 17 , 1995 VALERIE J. RANCHE DAVID F. SCHMIDT DIANA J. SILVER VICTORIA T. WILLIAMS Timothy Jaress, Esq. 1426 Fillmore St. Ste 213 San Francisco, CA 94115 RE: Claim of Jessica Dupre, Julie Ficter, et al. Dear Mr. Jaress : Please be on notice that in the case of Mary Washington, et al . v. General Chemical Corp. , et al . No. J.C.C. P. 2906 , a toxic cloud case now pending in Contra Costa Superior Court, the court sustained the County' s demurrer to plaintiff ' s complaint without leave to amend on facts nearly identical to your claim. Costs were also awarded to the County in that proceeding. I recommend that you carefully review the court ' s ruling in that case, as well as CCP § 128 . 7 , before you consider proceeding further against the County in this matter. Very truly yours, VICTOR J. WESTMAN County Counsel Brandon Baum Deputy County Counsel ,w Llai- to BO 01 SLTERVISORS OF comm A COSTA CO. .Y INSTRUCTIONS TO CLAIMW k. Clai.s relating to causes of action for death or for injury to parson or to per- sonal property or growing crops and which accrue on or before December 319 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 ubich 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.) 8. Claims must be tiled .with the Clerk of the Board of Supervisors at its office--in Room ffice_ in- Room 1061, 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 rime of the District should .be tMed in. D. If the claim is against more than one public entity, ueparate claims mast be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal_ Code Sec. 72 at the end of this for=. * � � � # 1� �E �Fi� lFM � 1F � * ll � �.i # � � • * til # IFIINiF � � R * # 1Flt � ltlbiE RE: Claim By ) Reserved for Clerk's filing stamp JESSICA DUPRE, JULIE FICHTER; ' RECEIVED Additional parties attached �. AgainsE the Co oty of tra Costa ; 'r District) CLERK BOARD OF SUPERVISORS (Fillin dame } CONTRA COSTA CO. The undersigned elal=t hereby ekes claim against the County of Contra Costa or the above-named Distriot in the sum of $ � ,rLnn _Dt,__ a-nd in support of this claim represents as follows: a 1. When did the d2mage or injury occur? '(Give exact date and hour) August 22, 1994 through September 6 , 1994 , and September 15 , 1994 2. Where did the damage or injury occur? (Ineluda City and county) Contra- Costa County Community of Rodeo,. Crockett lY�OM�� ti M . 3. How did the damage or injury occur? (Give full details; use extra paper if . required) See attached u. What particular act or omission on the part of county or district officers, Servants or eaployees caused the injury or damage? Employees of Contra Costa County Health services , Department and its Hazardous Materials Division failed to adequately respond, investigate and monitor the toxic chemical releases of Catacarb and Hydrogen .Sulfide that occurred at Unocal 's refinery in Rodeo, California on the date indicated above ;Cvf.^) i wnaL are the rL:�.roes of' county or district officers, servants or employees cau9:ng IT sr^;�e or :r jury? Employees of the Contra Costa County. Health Services Department and its Hazardous materials Division. Names unknown at this time . . r�+r 1l_r�rYM------rrrrrrrr ---------- What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. See attached ..w.w.�w�+.rrwrrrr.�r�wrr..r�.r.rrrr rw.rrr�rrr.�rw...+r_rr.�r.�rr, ?. Now was the amount claimed above computed? (Include the estimated amount of any__ prospective injury or damage.) $50 , 000'. 00 - per claimant $. Names and addresses of witnesses, dootors and bospIW3. There are approximately 791 .c1aimants. ;:`any obtained health care with various doctors & hospitals . :7e will provide a list 9• List the expenditures you made on ao0ount of this accident or injury: - DATE ITEM AMM There are approximately 7§T claimants with various medical expenses .property damage. 11ff • i � 1FliiF .* * IFR * # Gov. Code Sec. 910:2 provides: "The claim must be signed by the Claimant SEND NOTICES TO: (Attorney) or some son on his Wialf." NameTIMOTHY�r A 0E AttOil ErsQey - LAW OFFICE OF T,INiOTHY DARES Claimants Signature 1426 FILLMORE ST. ,SUITE 213 SAN FRANCISCO, CA 94115 14,26 Fillmore St. Suite 213 Address San. Francisco, CA94115 Telephone No. (415) 346-3552 Telephone No. 415) 346-3552 eee � eaa V Ir ee NOTICE Section 72 of the Penal Code provides "Every person w'ho, 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, bili, account, voucher, or writing, is punishable either by imprisonment in the county jail for a period of not more. than ane 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 imprisoning ft and fine. TOTHL P.07 Attachment to Claim Form 3 . How did the damage or injury occur? On or about August 22, 1994 and until on or about September 6, 1994, and again on September 14, 1994, in Rodeo, California, leaks occurred at Unocal' s refinery from its Catalyst regenerator towers that released Catacarb and hydrogen sulfide into the atmosphere. The Catacarb was released on or about August 22, 1994 until at least September 6, 1994 . The hydrogen sulfide was released on or about September 15, 1994 . The Toxic fumes spread to the surrounding communities, including Crockett and Rodeo. Although employees of the Contra Costa County Health Services Department and its Hazardous Materials Division became aware of the above-described chemical releases on or about August 22 , 1994 and on September 14, 1994, they failed to investigate, to respond, and to monitor the chemical releases resulting in the needless, and aggravated, increased exposure of these toxic chemicals to residents of Contra Costa county who resided in or near Unocal' s refinery, including the communities of Rodeo and Crockett . 6 . What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed) Residents of the communities near Unocal' s refinery in Rodeo California where the two described including Crockett and Rodeo chemical releases occurred, suffered and continue to suffer as a result of the exposures eye problems, nausea, dizziness, headaches, shortness of breath, skin irritations, rashes, diarrhea, severe aggravation of pre-existing respiratory conditions, emotional distress, past and future medical care and expenses, past and future lost wages, and property damage. The negligent acts alleged herein also contributed to the making of a public nuisance within the meaning of California Civil Code Section 3479 in that the needlessly increased toxic chemical exposures aggravated exacerbated and substantially interfered with the claimants' use and enjoyment of their public parks, squares, streets and highways, and other public properties . The negligent acts alleged herein contributed to the making of a private nuisance within the meaning of California Civil Code Section 3481 in that the needless increased toxic chemical exposures aggravated, exacerbated, and substantially interfered with the claimants' comfortable enjoyment an use of their private real and personal property and their incidental rights to use their property in the customary manner. Said negligent conduct also contributed to the diminutionin value of claimants' private properties . The negligent acts alleged herein substantially contributed to, aggravated, and exacerbated the act of trespass by Unocal' s release of said toxic chemicals, by allowing said toxic products and fumes to continue to invade the real and personal property of claimants . The negligent acts alleged herein also substantially contributed to, aggravated, and exacerbated the act of battery upon the persons of claimants by allowing said toxic products and fumes to continue to cause the personal injuries to the claimants, as described herein. The damages claimed to all claimants are $ '39 , 550 , 000 -00 Amended CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA NO BOARD ACTION DATE Claim Against the County, or District governed by) ! j 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: $39,550,000.00 Section 913 and 915.4. Please note all -Warnings". CLAIMANT: I � J Jessica Dupre, Julie Fichter et al. , ATTORNEY: €etc,•= 9 Tim6thy'.,Jaress, Esq. Date received COUNTYCt UNSE1.. ADDRESS: 1426 Fillmore St. , Ste. 213 BY DELIVERY TO CLERK ON March 8, 1995AARTINEZOALIP: San Francisco, CA 94115 BY MAIL POSTMARKED: March 7, 1995 I. FROM: Clerk of the Board of Supervisors T0: County Counsel Attached is a copy of the above-noted claim. c , gVIL BATCHELOR, Clerk March DATED: 1 Q 1995 Deputy II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( Vr Other: 0,44W c Dated: ��� BY: Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present ( ) This Claim is rejected in full. ( ) Other: I certify that this is a -true and correct copy of the Board's Order entered in its minutes for this date. Dated: 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 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 TIMOTHY JARESS TIMOTHY JARESS LAW OFFICE STEVEN E. ELIAS 1426 FILLMORE ST., #213 TEL: (415) 346-3552 JASON Z. JUNGREIS SAN FRANCISCO, CA 94115 FAX: (415) 346-2471 RECEIVED March 7, 1995 Clerk of Board of Supervisor Room 106 - -` County Administration Building CLERKB 4TRAC?ST AR SUPS �°iSCRS 651 Pine Street C0td3 ¢CC� Martinez, California 94553 RE: Claims of Dupre et al. VS. County of Contra Costa, et al. Filed: 02/15/95 Dear Sir or Madam: Enclosed herein please find Supplement to the claims set forth above which was filed on February 15, 1995 . Sin y _ S EN E . ELIAS, ESQ. Attorney at Law SE.vp Enclosure } Supplement to claims of JESSICA DUPRE and JULIE FIGHTER ET AL. , against COUNTY OF CONTRA COSTA, the CONTRA COSTA HEALTH SERVICES DEPARTMENT and its HAZARDOUS MATERIALS DIVISION, filed on February 15, 1995 . NANCY ABBOTT - 312 CALIFORNIA ST. RODEO 94572 NANCY MEAHAN YOLANDA ABBOTT ROBYN AGEE - 144 JOHN ST. #2 RODEO 94572 JOSHUA DAVID WILKINSON MARK WOLFE MELVIN AINSWORTH - 1130 WANDA AVE. #B CROCKETT 94525 MARY ADAMS CLEVELAND ALEXANDER - 16 RAILROAD AVE. RODEO 94572 ROBERT ALEXANDER DAVID JR. ALFORD - 2837 DOWNER AVE . RICHMOND 94804 KATHLEEN ALANCASTRO - 1232 TRIGGER CT. RODEO 94572 DAWN BOCKER CRYSTAL ALANCASTRO MICHAEL A. ALVARADO - 1244 TULLIBER CT. RODEO 94572 MARIA ALVARADO REYNA ALVARADO MICHAEL ALVARADO EDWIGEZ DIAZ MARTIN DIAZ MICHELLE ALBERTIE - 144 DEMPSEY WAY RODEO 94572 MICHAEL ALBERTIE MARY ALCA - 347 VAQUEROS #H RODEO 94572 CLENNIS SNYDER MANUEL ALCA MARIO SILVA REGINA ANDERSON - 934 MARIPOSA ST. RODEO 94572 DUSTIN LEPPO TREVOR LEPPO RUBY ARCENEAUX - 766 SANDY BROCK RODEO 94572 ARTHUR ARCENEAUX DEBBIE BARTHELL - 1313 CERES ST. CROCKETT 94525 MARY LOU BARAJAS - 1765 BARTON DR. FAIRFIELD 94533 JOSE S . BARAJAS JOSE LEON BARAJAS JR. ARIEL MARIE BARAJAS JESSICA KAY MARIE BARAJAS ANTHONY JOSE PLASCENCIA GLORIA .BARAJAS S } LINDA BARAJAS BROTHA BELL - 1236 TRIGGER CT. RODEO 94572 DAVID BEZAYIFF - 1404 FLORA ST. CROCKETT 94525 KELLY BEZAYIFF DYLAN BEZAYIFF AVERILL BEZAYIFF MARIA GUADALUPE BELMONTE - 1246 TRIGGER CT. RODEO 94804 ARLENY TORRES JOAQUIN TORRES ANDRES TORRES CUAUHTEMOC TORRES JULIO TORRES ELIZABETH TORRES DAISY MICHELLE ESCAPITA KARIMA SELENIA ESCAPITA MICHELLE BECK - 3521 GARVIN AVE. RICHMOND 94805 MELISSA HUNT STEVEN HUNT VIRGINIA BELLONI - 676 B. EAST H ST. BENICIA 94510 RICHARD VON MAGNUS SABRINA BLADE - 1230 TULLIBEE CT. RODEO 94572 MARIAH ABERCROMBIE CONNIE BORJA - 316 LAKE ST. RODEO 94572 CAROL BOYKIN - 104 RAILROAD AVE. RODEO 94572 ERIN BOYKIN LASHIRLEY BOLTEN - 371 VAQUEROS #B RODEO 94572 RONALD LILLARD SHAWNA BORN - 741 SAN PABLO AVE. RODEO 94572 GREG BORN TIMOTHY BORN CATHRYN BROOKS - 660 1ST ST. #3 RODEO 94572 DONALD BROOKS DORA BROOKS - 943 BEACHPOINT WAY RODEO 94572 CLIFFORD D. BROOKS KERRY WOODS ERMA BROSAMER - 320 ALHAMBRA ST. CROCKETT 94525 JACQUELINE BROWN - 2110 STANTON AVE. APT. F SAN PABLO 94806 DARRELL BROWN DAMERCA BROWN CHRISTIANA HENSON MIVONTA FULWOOD AY MIVONTA FULWOOD MARIA BROWN - 318 CALIFORNIA ST. RODEO 94572 WAYMALDO BROWN SIMONE BROWN MARGORIE BROWN - 301 CALIFORNIA ST. RODEO 94572 VICTORIA BROWN - 1245 TRIGGER RD. #7670 RODEO 94572 LAWRENCE KEITH BROWN CHRISTOPHER LOVERING BROW THERESA BYRONE - 821 1ST ST. CROCKETT 94525 JOSHUA BYRONE HALEY M. BYRONE ALFRED D. BYRONE CHARLES III CAVNESS - 146 S . 17TH STREET RICHMOND 94801 CHARLES IV CAVNESS MARCUS CAVNESS CHARLI CAVNESS SHARON ANDREA EASTLAND EUGENE IRVING WEBB ANDRE RAYEL EASTLAND EDUWIGES CARONA - 603 SAN PABLO AVE. #0 RODEO 94572 HENRIETTA CANNON - 1216 TULLIBEE RD. RODEO 94572 CRAIG CANNON HENRIETTA JACKSON LINDA CARTER - 125 CALIFORNIA STREET RODEO 94572 CHANEL DURDEN JEROME DAVIS ALVIN CARTER RICHARD JR. CARROLL - 1208 MARIPOSA STREET RODEO 94572 VELMA CARSON - 110 DEMPSEY WAY RODEO 94572 MARIA CHAVEZ - 225 CALIFORNIA ST. RODEO 94572 STEPHANIE CAJUCOM FIDEL CAJUCOM FRANCISCO ALVAREZ NANCY ALVAREZ BERNICE ALVAREZ JUAN ALVAREZ CYNTHIA ANGEL JOSE ANGEL PATRICIA CHAMBERS - 2428 MARKET AVE. SAN PABLO 94806 JOEL A. ALEXANDER NICOLLE M. CHAMBERS CHINA ALEXANDER x ASIA ALEXANDER JAMES CLARD - 1244 TRIGGER RD. RODEO 94572 NANCY CLAUSEN - 822 2ND AVE . CROCKETT 94525 NANCY VAN CLEAVE - 746 WINSLOW CROCKETT 94525 LAHTI-JO VAN CLEAVE TAMARA CLINE - 406 LAKE AVE. RODEO 94572 ARNOLD CONTESTABLE - 501 KENDALL ST. CROCKETT 94525 CARDYN COCKERHAM - 190 PINOLE STREET RODEO 94572 DAVID WEBB JOSEPH WEBB JAMES WEBB JASON WEBB IRENE CORDERO - 307 CALIFORNIA ST. RODEO 94572 LINDA CORBIN - 370 1ST St . #2 RODEO 94572 DARLA PULLMAN TAMMY CORBIN ELIZABETH POLMAN LINDA CONNORS - 152 JOHN ST. #2 RODEO 94572 MARY COLLETT - 1242 TRIGGER ST. RODEO 94572 MICHAEL JOSEPH COLLETT NICOLLE MARIE COLLETT MARIE COLOMBO - 934 1ST AVE. CROCKETT 94525 AMBROSE COLOMBO JOSE CRUZ - 206 CALIFORNIA STREET RODEO 94804 JANE CURTIS - 115 CALIFORNIA ST. RODEO 94572 BELINDA OLIVER ROBERT OLIVER ADRIENNE DAVIS - 1617 POMONA AVE. CROCKETT 94525 NICOLE HARRIS ROBERT DAVIS RAY DOLD JACK SMITH KRISTER SMITH DAYMAN DAVIS - 210 CALIFORNIA STREET RODEO 94572 FREDDIE DANGERFIERD - 442 18TH STREET RICHMOND 94801 BRENDA DENSMORE - 119 DEMPSEY WAY RODEO 94572 ANITA SCUDDER a. BUDDY LEE DELIMA - 370 VAQUEROS SPACE 2A RODEO 94572 DIANA DEMASI - 212 CALIFORNIA STREET RODEO 94572 MICHAEL DEMASI DEJAH DELIMA - 655 SAN PABLO AVE. #3 RODEO 94572 ALICIA DELIMA JOSHUA DELIMA LEE LEROY DELIMA - 370 VAQUEROS AVE . # 2A RODEO 94572 PHYLLIS DEFER - 106 CALIFORNIA ST. RODEO 94572 SHAWN DELATORRE - 1120 MARIPOSA STREET RODEO 94572 RICKY DELATORRE SAMANTHA DELATORRE ERICHA DELATORRE ROBERT DONALD - P.O.BOX 128 OAKLAND 94604 DANTE LE JON DILLON - 1018 HAWTHORNE RODEO 94572 JAMES DONOHUE - 1528 POMONA AVE. CROCKETT 94525 ROBERT DODSON - 219 SUISUN AVE . RODEO 94572 LYNN DODSON TROY ANTHONY DODSON JESSICA DUPRE - P.O. BOX 404 CROCKETT 94525 SENAIDA DWIGHT - 110 RAILROAD ST. RODEO 94572 GILBERT LUCENA DWIGHT GILBET LUCENA DWIGHT JR. VICTOR FRANK LUCENA DWIGH ADINA GARCIAS PATRICK EBERT - 1205 STARR ST. CROCKETT 94525 VIVIAN EBERT - 504 3RD AVE. CROCKETT 94525 DARLENE ELKINS - 1538 1/2 POMONA AVE. CROCKETT 94525 JAMIE ELKINS BRENDA ELKINS MONIQUE ENEIX - 637 1ST ST. RODEO 94572 NICOLE ENEIX MINDY ENEIX JESSICA ENEIX SHANNON ENEIX DONALD ENGE - 373 RODEO AVE. APT #3 RODEO 94525 STEPHANIE ENGE LAWRENCE EATAN DONYS ENGE 5 f TASHA BARKER LESLIE DUNBAR RAFAELA ESPARZA - 513 3RD AVE. CROCKETT 94525 JESUS ESPARZA LOURDES ESPARZA CYNTHIA ESPARZA ROBBIE ETCHEVERRY - 40 EMERSON AVE . CROCKETT 94525 PATTY YOUNG VIRPI EVERSON - 814 5TH AVE . CROCKETT 94525 SISKO-MARI EVERSON AUGUSTUS FANDINOLA - 601 SAN PABLO AVE. #J RODEO 94572 AUDRIENNE FANDINOLA SHANE FANDINOLA ARLENE FANDINOLA JANENE FAWCETT - 4171 GARDEN LN. EL SOBRANTE 94803 JULIE FICHTHER - 1218 CERES ST. CROCKETT 94525 MELISSA FINNEY - 373 RODEO AVE. APT. 4 REDEO 94525 LAPORCHE STUBBS MERCEDES STUBBS MARGARITA D. FLORES - 117 CALIFORNIA ST. RODEO 94572 LUCIA FLORES CYNTHIA FLORES ADOLFO FLORES ALICIA FLORES ESTEBAN FLORES ADOLFO FLORES DEREK FORMALEJO - 1217 WANDA ST. #4 CROCKETT 94525 MARIANNE FORBES - 1503 POMONA ST. CROCKETT 94525 TIMOTHY DELOSREYES PAUL MORALES FREDA FREITAS - 156 BALDWIN AVE . CROCKETT 94525 KAY FREEMAN - 1248 TULLIBEE CT. RODEO 94572 .JOHN FREEMAN CHASITY FREEMAN JOHN FREEMAN (JR. ) JOSEPH FREEMAN DANIEL FREEMAN RUDY T. FRY - 209 CALIFORNIA STREET RODEO 94572 HILDA GARCIA - 1323 MAROPISA STREET RODEO 94572 JUAN RANGEL JUAN RANGEL JUAN MANUEL RANGEL SALVADORE MENDOZA JANELLE GARCIA - 810 3RD STREET RODEO 94572 MICHELLE GARCIA MICHAEL GARCIA ROBIN GATDULA - 223 CALIFORNIA ST. RODEO 94572 STEVEN CAMPBELL MICHAEL CAMPBELL JASON CAMPBELL ROSA GERONIMO - 115 DEMPSEY WAY RODEO 94572 ESTRELLA GERONIMO NATALIE FLORES ABEL FLORES ROSA FLORES JOSE FLORES VANESSA GIBSON - 371 VAQUEROS AVE . RODEO 94572 TALISA WEBB HOWARD JONES TANYA BOLTON ALVANON HENRY MARTANAYS HENRY WILLIE III BOLTON DOVAL BOLTON LASHIRLRY BOLTON BARBARA GLENN - 707 PORT ST. #2 CROCKETT 94525 CHRISTIAN GLENN CONCERA GLASS - 603 SAN PABLO AVE. AP L RODEO 94572 EDWARD GLASS RICHARD L. HALL CHARIE M. GLASS MARCELLA GORDON - 1415 POMONA CROCKETT 94525 MARCUS WAYN GOMEZ - 269 EBBETS PASS VALLEJO 94589 MICHAEL R. GOMEZ - 125 BRIDGEVIEW CT. CROCKETT 94525 ELENA D. GOMEZ MICHAEL JR. R. GOMEZ CHRISTOPHER J. GOMEZ PAMELA GOSPEL - 835 WINDWARD RODEO 94572 MICHAEL GOSPEL ESKESHA CLARK TANELA GOSPEL ANTOINE GOSPEL RICHARD GOMEZ - 1424 POMONA AVE . CROCKETT 94525 SARA GOMEZ JOSEPH GUILLORY - 156 CALIFORNIA ST. RODEO 94572 AYANNA HAMILTON - 371 VAQUEROS ST. #C RODEO 94572 MARQUIS BROWN AYANA BROWN MERLINDA HAAS - 745 SAN PABLO AVE . RODEO 94572 HALEY STEFFEN PATRICIA ANN HASS - 347 VAQUEROS AVE. #D RODEO 94572 RONNIE HAYES - 1863 17TH STREET RICHMOND 94806 NAKIA HAYES RONNIE II HAYES VERA HARDIN - 105 DEMPSEY WAY RODEO 94572 HELEN HENAS - 1256 TRIGGER STREET RODEO 94804 RICHARD ALLAN JONES ELIZABETH SUE BEARDEN NIKI HENRY - 1323 POMONA ST. CROCKETT 94525 ROSALINA HERNANDEZ - 1238 TULLIBEE CT. RODEO 94572 FERNANDO MEDINA MARITZA RENTERIA JAZMIN HERNANDEZ LIONEL RENTERIA ANAROSA RENTERIA ROSALINA HERNANDEZ - 1238 TULIBEE STREET RODEO 94572 LIANEL RENTERIA FERNANDO MEDINA JAZIMIN HERNANDEZ ANA ROSA HERNANDEZ MARITZA RENTERIA BARBARA HILL - 119 CALIFORNIA ST. RODEO 94572 CHARLES D. HENLEY MEISHA S . HENLEY MICHAEL E . HENLEY WILLIE HICKS - 2330 CHURCH LANE #38 SAN PABLO 94806 DENISE HORNSBY - 1223 MARIPOSA ST. RODEO 94572 RICHARD SILVEIRA FRANK HOLMES - 132 CALIFORNIA STREET RODEO 94572 JILL HOLMES - 1315 TULLIBEE RD. RODEO 94572 FRANKIE HOLMES MICHAEL HOWARD - 1319 TULLIBEE RD RODEO 94572 t ROSE MARY HOKE - 313 CALIFORNIA ST. RODEO 94572 JOHN BISHOP HELEN HUMPHRIES - 743 SAN PABLO AVE. RODEO 94572 CECIL HUMPHRIES REBECCA HULL - 314 RODEO AVE . #3 RODEO 94572 SAYAD HUSSAIN - 221 CALIFORNIA STREET RODEO 94572 MUBINA HUSSAIN NISHAR SAYAD HUSSAIN NIZAR HUSSAIN NAZMA HUSSAIN NARCISO INOCENCIO - 140 DEMPSEY WAY RODEO 94572 MARINA C. INOCENCIO ANDREW INOCENCIO SONNY INOCENCIO RONA INOCENCIO EFRELYN INOCENCIO OMALYN INOCENCIO JOEMESAR INOCENCIO ROD INGRAM - 803 1ST AVE. CROCKETT 94525 CARRIE LYONS DONALD F. JOSEPH - 789 21ST ST. RICHMOND 94801 SOPHIE L. WALKER AIESHIA T. WALKER LOLITA SIMS JEREMIAH JOSHUA - 201 PACIFIC AVE. RODEO 94572 KIMBERLY JONES - 1232 TULLIBEE CT. RODEO 94572 KATRINA OWENS REGINA BURGIN LANA JOHNSON - 214 CALIFORNIA STREET RODEO 94572 SABRINA NOEL CROSS ARTURO III MORALES NICOLE JOHNSON - 241 S . 2ND STREET RICHMOND 94572 ROBERT JOHNSON - 2 WELLE ROAD CROCKETT 94525 BARBARA KALIVOPOULOS - 746 ALHAMBRA ST. CROCKETT 94525 ANNALYSSA LIBERTO CRYSTINA YOUNG WADE KAHN - 112 CALIFORNIA STREET RODEO 94804 SHANNON KENNEDY - 505 ALHAMBRA ST. CROCKETT 94525 f [ NANCY KIRBY - 263 KUWAIT WAY PACHECO 94553 STACY KRESTAN - 1419 POMONA AVE . CROCKETT 94525 MATTHEW EMMERLING MARCUS LAMBRIGHT - 60 RAILROAD AVE . RODEO 94572 GABRIEL C. VANPOUCKE JANICE LAMBRIGHT CAMEO LAMBRIGHT TIFFANI LAMBRIGHT PHUOC LAM - 127 DEMPSEY WAY RODEO 94572 VIET TRUONG VU LAM LINA LAM MARY M. LEE - 150 CALIFORNIA ST. RODEO 94572 VIRGINIA LEE - 130 CALIFORNIA STREET RODEO 94572 CHERI HUGHES JENNIFER LEE JAMES ROME JOE LITHERLAND - 1212 CERES ST. #3 CROCKETT 94525 CAROL LONG - 107 DEMPSEY WAY RODEO 94572 ROBERT LONG MELISSA DENNING CAROLINE B. LOYA - 120 JOHN ST. RODEO 94572 CRISTINE ANGELITA LOCKE CHARLOTTE LOYD - 226 VAQUEROS AVE. RODEO 94572 LINDA LOYD ROBERT LOYD - 226 VAQUEROS AVE. RODEO 94572 VINCENT LOGAN - 1215 MARIPOSA STREET RODEO 94804 REBECCA LUTZEN - 347 VAQUEROS #G RODEO 94572 ANTHONY CARTER DAKOTA LUTZEN JOSHUA CARTER KHEL LY - 152 CALIFORNIA ST. RODEO 94572 PHUNG THI TRA CUONG TRA DUNG TRA DUONG MINH TRA CHEL TRA ANGELA MACKEY - 124 DEMPSEY WAY RODEO 94572 ROSE MARY HOKE - 313 CALIFORNIA ST. RODEO 94572 JOHN BISHOP HELEN HUMPHRIES - 743 SAN PABLO AVE . RODEO 94572 CECIL HUMPHRIES REBECCA HULL - 314 RODEO AVE . #3 RODEO 94572 SAYAD HUSSAIN - 221 CALIFORNIA STREET RODEO 94572 MUBINA HUSSAIN NISHAR SAYAD HUSSAIN NIZAR HUSSAIN NAZMA HUSSAIN NARCISO INOCENCIO - 140 DEMPSEY WAY RODEO 94572 MARINA C. INOCENCIO ANDREW INOCENCIO SONNY INOCENCIO RONA INOCENCIO EFRELYN INOCENCIO OMALYN INOCENCIO JOEMESAR INOCENCIO ROD INGRAM - 803 1ST AVE . CROCKETT 94525 CARRIE LYONS DONALD F. JOSEPH - 789 21ST ST. RICHMOND 94801 SOPHIE L. WALKER AIESHIA T. WALKER LOLITA SIMS JEREMIAH JOSHUA - 201 PACIFIC AVE . RODEO 94572 KIMBERLY JONES - 1232 TULLIBEE CT. RODEO 94572 KATRINA OWENS REGINA BURGIN LANA JOHNSON - 214 CALIFORNIA STREET RODEO 94572 SABRINA NOEL CROSS ARTURO III MORALES NICOLE JOHNSON - 241 S . 2ND STREET RICHMOND 94572 ROBERT JOHNSON - 2 WELLE ROAD CROCKETT 94525 BARBARA KALIVOPOULOS - 746 ALHAMBRA ST. CROCKETT 94525 ANNALYSSA LIBERTO CRYSTINA YOUNG WADE KAHN - 112 CALIFORNIA STREET RODEO 94804 SHANNON KENNEDY - 505 ALHAMBRA ST. CROCKETT 94525 PEGGY KING - 9506 OLIVE ST. OAKLAND 94603 MATT MAYER MEGAN MAYER MATHEW MAYER UNBORN CHILD 4MOS PREGNAN FRED MARTINEZ - 647 SAN PABLO AVE . #7 RODEO 94572 MISTY MARTINEZ AMANDA MARTINEZ KATHYLEEN MATAGULAY - 312 RODEO AVE . #4 RODEO 94572 ELIZABETH JONES DAVID CHAVEZ LORNICA MARSH - 1399 7TH ST. RODEO 94572 NAOMI MARTINEZ - 131 DEMPSEY WAY RODEO 94572 ALFONSO MARTINEZ MONIQUE MARTINEZ NOEMI MARTINEZ - 131 DEMPSEY WAY RODEO 94572 ALFONSO MARTINEZ ALFONSO JR. MARTINEZ MAYRA MARTINEZ MONICA MARTINEZ JUAN FRANCISCO MARTINEZ ARTURO MARTINEZ MARCO TOSCANO ALICE MCMINIMY - 1238 TRIGGER CT. RODEO 94572 JESSE WILLIAM RODGER WETTZ MCMINIMY JR. BELEN MCQUISTON - 111 DEMPSEY WAY #714 RODEO 94572 VIRGINIA MCQUISTON FEDRA MCQUISTON NATASHA EVANS RODERICK EVANS BELEN MCQUISTON - 111 DEMPSEY WAY RODEO 94572 VIRGINIA MCQUISTON FREDA MCQUISTON NATASHA EVANS ROANI EVANS JOSE ROCHA JACQUELINE MCPETERS - 303 CALIFORNIA ST. RODEO 94572 JUSTINE MCPETERS JAMES MCPETERS JASMINE MCPETERS FROILAN MIRANDA - 309 CALIFORNIA ST. RODEO 94572 FROILAN MIRANDA JR. BRAVLIO MIRANDA CHRISTINA MIRANDA MARIA MIRANDA LESLEY MILLICAN - 23 VAQUEROS STREET RODEO 94572 CHRISTIE MILLICAN RICARDO AQUILAR NORA MILLER - 121 CALIFORNIA ST. RODEO 94572 JOVAUNTE EATON PAT MIRABELLI - 313 ALHAMBRA ST. CROCKETT 94525 JOHN MIRABELLI COLLEEN MIRABELLI SANIE MITCHELL - 19 CALIFORNIA STREET RODEO 94572 DAVID R. MORALES - 733 SAN PABLO AVE. RODEO 94572 TRACY BELDEN DOLORES MORALES - 1315 FLORA ST. CROCKETT 94525 FERNANDO MORENO - 244 KENDALL CROCKETT 94525 DEANNA MORENO JOANNA MORENO FRANCES MORENO - 1403 WANDA ST. CROCKETT 94525 MANUEL W. MORALES - 1315 FLORA ST. CROCKETT 94525 MARCELINA R. MORALES PAUL MORALES - 1503 POMONA ST. CROCKETT 94525 RICHARD MOODY - 1232 TRIGGER CT. RODEO 94572 RAYMOND MORALES - 3956 GLACIER DR. NAPA 94558 IRMA LUNA RAYMOND J. C. LUNA-MORALE ALEXANDRIA ELISE LUNA-MOR VAN B. MOELLER - 725 SAN PABLO AVE. #4 RODEO 94572 BERTHA L. MOELLER AMORITA SMITH ROY WHITAKER VANIKA MOELLER LORITA ANDERSON NAOMI ADAMS JUSTINA HERNANDEZ AVALON MUNCY - 246 CO RODEO AVE RODEO 94572 AKIL ALI AL NAGI - 1900 BROADWAY ST. SAN PABLO 94806 KRISTAN E. NAAS - 1419 POMONA AVE . CROCKETT 94525 LISA NAAS LECWARD NAGELMAKER - 21 CALIFORNIA STREET RODEO 94572 REBECCA LYNN NAGELMAKER TERI NAGELMAKER AMY NAGELMAKER WENDY NAGELMAKER JEFFREY NAGELMAKER CINDY NEWMAN - 210 CALIFORNIA STREET RODEO 94572 DARLENE NELSON - 725 SAN PABLO AVE . #3 RODEO 94572 CHRISTOPHER BRATCHER JUANITA NEWMAN - 725 SAN PABLO AVE . #1 RODEO 94572 CLARENCE NEWMAN JOSEPH RAYMOND NEWMAN JAMES NEWMAN RONALD NELSON - 317 CAROLINA ST. VALLEJO 94590 DENISE NELSON DARNELL NELSON NARKESIA NELSON DEMARCUS NELSON DARIUS NELSON HOAT NGUYEN - 148 CALIFORNIA ST. RODEO 94572 HUY NGUYEN TUAN NGUYEN NGA NGUYEN - 1210 TRIGGER CT. RODEO 94572 GIANG PHAN PHU PHAN DONALD PHAN KIET PHAN DANIEL NUNEZ - 244 KENDALL CROCKETT 94572 FLOYD OCLAIRE - 209 3RD STREET RODEO 94572 JOHN OHMAN - 6 RAILROAD AVE . RODEO 94572 MELANIE OWENS - 647 SAN PABLO AVE . #5 RODEO 94572 OLIVIA JULES MICHAEL JULES STEVEN CARTER SHAWN CARTER ATTILIO PALLOTTA - 624 WANDA ST. CROCKETT 94525 BETTY PALLOTTA JUAN PATINO - 605 1ST AVE. CROCKETT 94525 GABRIELLA PATINO ISABEL PATINO SYLVIA PATINO L RENEE PALMER - 1151 WILLOW ST. PINOLE 94564 BRIANA NICHOLE PALMER SHERRY PARKS - 312 RODEO AVE . #3 RODEO 94572 KIMBERLY PARKS ALICIA PARKS TAMI PADI - 152 JOHN ST. #4 RODEO 94572 LOIS PETERSON - 376 VIOLET ROAD HERCULES 94547 RICKIE PETERSON JANEEN PETERSON JEROME PETERSON MICHELLE PERRAULT - 1250 TRIGGER RD. RODEO 94572 MICHAEL PERRAULT RACHELE NEWMAN MARK PARR REBECCA PEREZ - 1 CRAG CT. HERCULES 94527 LAMART WESTBROOK SHELTON PERRY - 820 WINSLOW CROCKETT 94525 MARSHA HUNTER SHELTIN PERRY ALINE HUNTER JOHN JONES SHARON PETERS - 180 BALDWIN ST. CROCKETT 94525 WILLIAM PETERS JOSEPH MILLER III AARON PETERS HOANG H. PHAM - 1240 TULLIBEE CT. #885 RODEO 94572 ANDREW PHAM JAMES PHAM TINA PHAM JENNIFER PHAM JESSICA PHAM T.K.T PHAM SINGMANY PHOUANGKEO - 873 HAWTHORNE RD. RODEO 94572 CHOMSANITH PHOUANGKEO THITPHANH PHOUANGKEO - 873 HAWTHORNE RD. RODEO 94572 SENGCHOY PHOUANGKEO DAM PHOUANGKEO SISAVATH PHOUANGKEO SAYKHAM PHOUANGKEO THONGSAI PHOUANGKEO VONGPHET VANNASY MICHAEL PIRTLE - 1212 CERES ST. CROCKETT 94525 DINA PIRTLE JERRA POLLEY - 118 RAILROAD RODEO 94572 ANGELO MORENO JEFERY POLLARD - 1222 TULLIBEE CT. RODEO 94572 NUCK POLLARD JAMES POLLARD DAVID POLLARD JOSEPH POFF - 214 CALIFORNIA STREET RODEO 94572 MARIA POSADAS - 1323 MARIPOSA STREET RODEO 94572 MARIA GARCIA ADRIANA GARCIA DEANA GARCIA ROMON GARCIA JAVIER GARCIA SALVADORE JR. MENDOZA ESMERALDA MENDOZA SALLY POLLEY - 66 JOHN ST. RODEO 94572 BRANDON HARDCASTLE BETTY QUILICI - 1525 FLORA ST. CROCKETT 94525 VICTOR QUILICI DENNIS QUILICI - 219 SUISUN AVE . RODEO 94572 HELEN QUILICI MARIO QUILICI DOMONIC DINO QUILICI - 914 5TH AVE . CROCKETT 94525 ABE RAYMUNDO - 937 3RD ST. RODEO 94572 CLARETA RAE - 1425 POMONA AVE. CROCKETT 94525 TERRANCE WILLIAMS DANIEL WILLIAMS RACHAEL RAE DAN V. RAMIREZ - 1326 POMONA ST. CROCKETT 94525 FAYE RAY - 108 CALIFORNIA ST. RODEO 94572 SONNELAY RAJKEO - 873 HAWTHORNE RD. RODEO 94572 JENNIFER RAJKEO ANTHONG RAJKEO KATHY REED - 1246 TULLIBEE STREET RODEO 94572 SANDRA REED - 1246 TULLIBEE CT. RODEO 94572 WENDY REYNOLDS - 667 FIRST STREET RODEO 94572 J STACEY RILEY - 2837 DOWNER AVE. RICHMOND 94806 STEVE E . RIVERA - 603 SAN PABLO AVE. #5 RODEO 94572 TRACY RIDGEWAY - 613 3RD AVE. CROCKETT 94525 KATHY RIDGEWAY ANDRE ROBERTS - 38 DEMPSAY WAY RODEO 94572 DESIREE ROSS - 1124 MARIPOSA AVE. RODEO 94572 TROY FOSTER GARY ROSE - 70 JOHN ST. RICHMOND 94805 SHAWNA ROBINSON - 1211 WANDA ST. CROCKETT 94525 CANDICE BENITEZ TERRY ROJA - 2850 PROSPECT CONCORD 94518 TRUDY ROSS - 1124 MARIPOSA STREET RODEO 94572 CHRISTOPHER FOSTER ASHLEY FOSTER CAROLE L. RUTHERFORD - 1204 CERES CROCKETT 94525 BRIAN SAIGE - 310 CALIFORNIA ST. RODEO 94572 BRIDGETTE SAVOY - 647 SAN PABLO AVE . #4 RODEO 94572 DANA SAVOY ASHANTE CHRISTIAN DARRINA CHRISTIAN JULIA SANSHUCK - 1211 WANDA ST. #B CROCKETT 94525 ROY SANSHUCK RAYMOND SANSHUCK ROY DAVID SANSHUCK JULIE SANCHEZ - 1318 MARIPOSA ST. RODEO 94572 ORN SAEPHAN - 1226 TRIGGER CT. RODEO 94572 KENCHOY SAEPHAN KAOYOON SAEPHAN MUANGYOON SAEPHAN NANCY SAEPHAN CARRIE SAEPHAN RODOLFO SALAZAR - 225 CALIFORNIA ST. RODEO 94572 TRANSITO SANCHEZ - 118 CALIFORNIA ST. RODEO 94572 MARIA SANCHEZ JOHANNA SANCHEZ JOSHUA SANCHEZ JOSE CESAR SANCHEZ JACK P. SCHELL - 914 RANDY LN. SAN PABLO 94806 MIKE SERPA - 244 KENDALL CROCKETT 94572 ALBERT MORENO RALPH SEAMAN - 111 CALIFORNIA ST. #758 RODEO 94572 EUGENE SHAW - P.O. BOX 5685 CROCKETT 94525 HOMAYOON SHIRZAI - 2350 LANCASTER DR. RICHMOND 94806 RIJINA 0. SHIRZAI JAYANN SHELTON - 1341 5TH ST. RODEO 94572 JOHN W. SHERRILL - 448 1/2 1ST ST. RODEO 94572 MOHAMMAD SHIRZAI - 844 WILLOW AVE. ##A1 HERCULES 94547 LUISA SHIRZAI GERALDINE SHIRZAI SOPHIA SHIRZAI RICKY SHERICH - 2812 CORNELIUS ST. SAN PABLO 94806 DENA KIRKLAND LINDSI SHERICH JEFF SINGLETARY - 224 CALIFORNIA ST. RICHMOND 94572 JEFF SINGLETARY JR. RON SISK - 370 VAQUEROS #5 RODEO 94572 SHER SIVERSON - 366 HARRIS ST. RODEO 94572 MICHAEL SLACK - 801 1ST AVE . CROCKETT 94525 ANNETTE MCDONALD CAROLINE SMITH - 1232 TRIGGER CT. RODEO 94572 CRYSTAL SMITH - 1224 TRIGGER CT. RODEO 94572 KIYANA ?????? KERRY SMITH ROBERT BROWN KEYLENE MR SMITH - 136 CALIFORNIA STREET RODEO 94572 DANIEL A SMITH MICHAEL R DUPREE DWAYNE C L RUBICK JAMES N SMITH MYLA SMITH - 117 DEMPSEY WAY RODEO 94572 DEANA SMITH KELLY COCKERHAM ROCKY COCKERHAM JUSTIN SNYDER - 1301 TULLIBEE RD RODEO 94572 TANI SNYDER MARIE SNYDER CHARMAIGNE STITH - 324 CALIFORNIA ST. RODEO 94572 JEROME DAWKINS MONIQUE BAIRFIELD DOROTHY STERLING - 132 CALIFORNIA ST. #805 RODEO 94572 CHARLES E . STERLING MICHAEL NAGELMAKER FRANK HOLLMES TERRY VASSEY MIKE JR. SUNIGA - 142 RALSTON CT. VALLEJO 94591 ANGELA SYLVESTER - 42 CANYON LK. DR. PORT COSTA 94569 JOHN TAITANO - 17 CALIFORNIA STREET RODEO 94572 ANITRA TAITANO ANNTRENETT TAITANO JUANITA TAITANO JOHN L. TAITANO NEEMISHA RICHARD NEELEKE RICHARD WENDELL TAYLOR - 975 SAN PABLO AVE. ##2 RODEO, 94572 ZENA TANKSLEY - 2933 MARTIN LUTHER KING #5OAKLAND 94609 JANET THEUS - 641 FIRST ST. RODEO 94572 STAR TANNIA HENDERSON BIYARE HENDERSON TYICUS HENDESON CARL THEUS LARRY JR. THOMPSOM - 154 MESA CT. HERCULES 94547 ELLEN THOMPSON RYAN THOMPSON NAKESHA THOMPSON LOLITA THOMPSON - 715 PORT ST. #4 CROCKETT 94525 SADE CHAPPELL SAM THOMAS - 228 CALIFORNIA ST. RODEO 94572 VIVIAN MICKLES THOMAS ANNIE MICKLES THOMAS SHALIETTA THOMPSON - 1220 TULLIBEE CT. RODEO 94572 GREG TILLMAN - 1242 TRIGGER ST. RODEO 94572 CRAIG TILLMAN FILEMON TOPETE - 1126 WANDA ST. CROCKETT 94525 ESTELLA TOPETE LYNNDA TOZIER - 1241 TRIGGER RD. RODEO 94572 CHRISTINA TOZIER DANIEL TOZIER MARINA TORRES - 226 CALIFORNIA STREET #841RODEO 94572 VANESSA TORRES JOSE TORRES CHARLOTTE L. TREZVANT - 1132 CHANSLOR AVE . RICHMOND 94801 CRYSTAL COWSER MINNIE COWSER JEFFREY COWSER THOMAS COWSER MACK M. HUDSON JR. JULIA TREVEL - 433 VAQUEROS RODEO 94572 JAMI THOMASON MARISA TRAGODARA - 825 2ND AVE. CROCKETT 94525 TROY MONTEITH JANICE VASQUEZ - 1223 WANDA ST. CROCKETT 94525 PHILLIP VASQUEZ GINA VINE - 1633 1/2 POMONA AVE . CROCKETT 94525 ANGEL VINE REBEL ANNE VINE PHYLLIS VOSBURGH - 109 DEMPSEY WAY RODEO 94572 CASSIDY JO SPINNER THONGSAVATH VONGKHAMCHANH - 873 HAWTHORNE RD. RODEO 94572 SOMVANG VONGKHAMCHANH ELLEN WASHINGTON - 1250 TULLIBEE RODEO 94572 DEREK WASHINGTON WILLIE HARREY PORCHE HOWARD HELEN WASHINGTON - 204 CALIFORNIA STREET RODEO 94572 VERONICA HARDIN MONICA WHITAKER MICHAEL HARDIN HOSEA WASHINGTON - 162 CALIFORNIA ST. RODEO 94525 GAIL KEYES JOHNNY THURMAN JOHNATHAN THURMAN MARY E . WALKER - 126 CALIFORNIA ST. RODEO 94572 SPARKLE WALLS - 130 DEMPSEY WAY RODEO 94572 SHAWN PONCE DWAYNE WALLS TANYA MCCLAIN EANDRA CRUMMIE DERRALL CRUMMIE TRIVAL CRUMMIE BRIEN WEIN - 835 TRADEWIND LN. RODEO 94525 GEORGIA WEEKS - 1415 POMONA AVE . CROCKETT 94525 WILLIAM TYREE MEGAN WESTCOTT - 1233 STARR STREET CROCKETT 94525 TIMOTHY M. WESTCOTT BRIDGET LEANNE WESTCOTT TARYN NICOLE WESTCOTT WILLIAM JR. WEISE - 1504 FLORA ST. CROCKETT 94525 DENISE WILSON - 347 VAQUEROS #C RODEO 94572 KEVIN POHL JOSHUA WILSON DANIEL POHL GERALD PHOL GERALD WILLIAMS - 1520 FLORA ST. CROCKETT 94525 GERALD WILLIAMS JR. JENNIFER WILLIAMS MARIA L. WILLIAMS TANYA WILLIAMS - 106 OPAL CT. HERCULES 94547 DELONZO LOGAN REGINALD FORD JR. BRENDA WILSON REGINALD FORD SR. VALERIE WINGFIELD - 133 KENTUCKY ST. VALLEJO 94590 WENDY WILLIAMS - 1627 POMONA #C CROCKETT 94525 BARBARA WOMACK - 1743 BUSH AVE . SAN PABLO 94806 PAULA DENISE MARSHALL ASHLEY YVONNE MARSHALL CHERYL WOMACK - 624 18TH STREET RICHMOND 94801 CHERYL WOODHALL - 310 CALIFORNIA STREET RODEO 94572 CHRISTOPHER FISHER TAMARA SAIGE AMBA WOODHALLMBA BRIAN SAIGE SAVAGE WYMAN - 715 PORT CROCKETT 94525 GAIL YOUNG - 647 SAN PABLO AVE. #7 RODEO 94572 GAIL YOUNG - 647 SAN PABLO AVE. #7 RODEO 94572 RYAN MEYER HELEN ZIMPEL - 1240 TRIGGER CT. RODEO 94572 GARY ZIMPEL ' Rtiah(.aaraaa �4 rl O ro (n rI M ri H Ln N N � Ln W 0')Q N a)t 04 w En O Hro LLI H N U O 4-) 0 w O U ro N rI 3 4 -ri 4! r-I ~ W U rd � � O U J Z • 4 .+3 U Lu V � � LL. 't 0 o Z Oh O >1•r•I Li 3 � � W4J N O �:S •-+ �4 r-1 O O Ln m UfyU � H t jCLAIM 1 , BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA March 7, 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 ,warnings". CLAIMANT: Yesenia F. Hetu ATTORNEY: +"FEB 1 1995 Date received C YCOUNSEL ADDRESS: 10 Hidden Crest Ct. BY DELIVERY TO CLERK ON February 15, MNEZCAUF. Danville CA 94506 February 14, 1995 BY MAIL POSTMARKED: Y I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. February 16 1995 JVIL BATCHELOR, Clerk 0 GATED: �' 8T: Deputy II. FROM: County Counsel TO: Clerk of the Board of Supervisors (X 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 • 1(s �I BY: d�l 6040%wAmw �w® 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. ®� A Dated: o°�" �` 7 law PHIL BATCHELOR, Clerk, B 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. j MAR t�, 71995 Dated: BY: PHIL BATCHELOR by' eputy Clerk CC: County Counsel County Administrator \; {RtdF�r•<'}'Sr. �rV .' },p�,'.�. '... 4 • i ..fin r a /V v 5 ' Y 1 Cla-;- 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 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 form RE: Claim By ) Reserved for Clerk's filing stamp Aga�thComty of Contra Costa ) FEB 15 1995 j� or ) District) CLERK BOARD OF SUPERVISORS CONTt"!A 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 $ and in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact date and hour) 2. Where did the damage or injury occur? (Include city and county) 3. How did the damage or injury cur. (Give full details; use extra paper if required) 4. What particular act o omission on the part of count or dfstrict officers, ] servants or employees caused the injury or damage? z- P . 4JZ-P- �. wnat are the names of county or district officers, servants or employees causing the Waage or injure? -- s ---= a_ = d ----�-- 5. What damage or injuries do you cla Asulted? (Give full extent f injuries or damages claimed. Attach two estimates for auto damage. bad 7• How was th4amount cla above comp ted? (Include' the estimated amo t of any prospective injury or damage.) " 3. Names and addresses of witnesses, doctors and hospitals. gdK'e-� A&et-� ) e P-(�!tAAVro�ac�� 9. List the expenditures you made on account of this accident or injury: DATE- ITEM AMOUNT Gov. Code Sec. 910:2 provides: "The claim must be signed by the claimant SEND NOTICES TO: (Attorney) or by some person on his behalf." Name and Address of Attorney O-A-P-Y4-1 2 ."19Q Clai t' ture) Address L) Telephone No. Telephone No. * * * NOTICE Section 72 of the Penal Code provides: - "Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, city or district board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is punishable either by imprisonment in the county jail for a period of not more than one year, by a fine of not exceeding one thousand ($1,000), or by both such imprisonment and fine, or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars ($10,000, or by both such imprisons-ent and fine. eCSAR SRNF2RMON TO + 1995.02-09 O6tO1PM 1t181 P.O2/O8 Up comfofea* 4AFFIC COLLISION REPORT a+iu,00wano«r NVNtfM wT\mum crit rtrNa► LOOAL rORTHYMtiA AJ,,�y��y�1 �j,eft ttluncs nt Nr r.•i"r7�] F/,�jyy//��!!V KNIfc . /Vrfj/GC. '+ RL/T '. 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MUt7f7 4 •tw, HAM oATt th w ICY •t?Nn b w� • -_•— ..---�-•t-.---_.�. .. ..�-;._ �...,______ '...,�---, --• ..,�.,.. � --rte� . FROM s C:SRR SRNRRMON TO 1996,02-09 OST 03PM #SE)1 P.03/0t3 tiT4Ti OI7 tAt3A6AN4t T CQ"ION COb N VATS or OW$tm , ll/t(i1Cf7 t/ nw OAV fr IU►A 5 OWNi4 YM�YI11 At1 • PROPCRTY t vie •#0 DAMAC6 o(FCMmoNOFmwal SEATING POSITION SAFETYIERSIPhIMT EJECTED FROM VEHICLE M�D move P. a vsr A=3(N ViNC�i P-AIR NA0 DEPLOYED 4` C e.4NKNOWN "-OTHER DRIVER T-FULLY EJECTED C-LAPORLYUiIIb P-NOTREQUIRED w-YES 0'PP�EJECTED i-CRIYER D-LAPDELYNOTUSED i RTO 6-PA59MOERS S•SHOULDER HARKSS USED 4 Jr 1-STATION WAGON REAR P•iNOVLDER HARNt S3 NOT UIgD rrJJLR RCdT1lA(!Q ER Q-LAPISNOIILOI:AHARNESS MO O-INVENtLEUSED K. D-REAR DOC.TRK,OR VAN N-LAP ISNCIULDER HARNESS NOT USED R-IN VIDWE NOT USED Y.VYtES P•POIitTtON UNKNOWN -PASSIYE RESTRAIRT WiF0, S-#I YE M USE UNKNOWN 7 B.OTFB;R K-PAUMMEBTIWNTNOV USE& T-bIVENCLEIMPROPCRUse A U-NONE IN ITEMS MARKED 96LOW FOLLOWED BY AN ASTERISK("}SNDUl6 it PSPLNNE4 too Tom NARRA UST NUMBERPRIMAR-4 P FIr-Of VARTV U VA1T FAULT TRAFT%C CONTROL DEVICES,TR 'I Z $ TYP8 OF Y�CLK 1 2 3 MOVEMENT SION pRe EDtlro ♦ pvC3ECnONY1QLA1EDs GL�VN CONTROLSFUNCTIONINO PAS$ENGERDAR/STATION ON ASTOPPED 0 G of loob CONTROLS INET FUNOTIONNQ• 8PASE4NCER CAR W IR PROOEEOtNti asRAKFHr • BOTHER IMPROPER gRtYINKT•: CONTROLSODSCURED MOTORCYCLE w.00 R R NOPPROAD 291)NO CONTROLS PRESENT I FACTOR" D PFCKVP OR PAi CK MAK;HQ RIONT TURN C OTHER THAN ORAVIN• YYPE OF COLLISION E PlCKUPI PA YM ITNAIIEA MAKMIG tPPT SUAN a UNKNOWN• NEAO.ON izvaiGICOR" UCKTRACxOR MAM%aUWPA • El GTRUCK4UCK TRACTOR WITRLIL SACIDNO REAR END SCF LBUS sLOWMiSTOPPING WEAi11ER( MARK I O s ITEM BROADSIDE I OVER pus I PAFISINO OTHER VENCLE I ACLEAR NT oDJECT jjwA RQENCY YENcLE CHANGING L iANCS 1$CLOUDY F OVERTURNED tEGNWAY CONIT•EOVIPIAM ISPARK90 MANEUVER CHAINING YEHIOL6/PEDESTRIAN! i L.010you ILENT9MYRAFFIC i SNOWING OTHER I t OTHER VENCL.E Ws ING FOG t YmiumuTY Fi. OR YENCLE VEO WITH PEDCSTRIAN {ANE OTHER•I MON.COtLEtON MOPED� V7RAW vtNIQUE AYppATUCHTA ON OTNlR ROADWAY OTHER ASBOGATED FADTOp(S} B DVBK-DAWN R VEMOLi 1 '� '� (MARK i TOI IIEMLS} :•. CDARK.STREETUGHTB RaN: t7 - DDARK.NOSTREiTUGHT9 0ONO STREETUGHTGNOT MMAl/ Ty�ecnalvw>. + FUNCTIONHG• 9'i., B j(�� ROADWAY SV QNP EOBMIITY.DRUG fl oDICCT , dltti 2 8 PHYSICAL A DRY �. , r ._ OTq (iWiK T T0>riTEM9) $WET No SHOWY-IOY ;OniEti OBJECT. ON X O NOT SUN ORINIVNG V21PA NDERD SUPPE RY(MUDDY,Q%T.ETC:i MNON OwCUREMENT s OT UNDER tNFLVENCE ROADWAY COND(riONiS} : S10PA OOTRAFFICPAIRMENT UNKNOWN• (MARKT Y02 t1EM3 f PEDESTRUN 9 INVOLVED "- ENTERING t LEAYiNO RAMPDRUG INFLUENCE A NO,.PEOESTRIANINVOLVED MENi:PHYHOt9:9,OEEPRux•;. j CROSStNGHICROSSWALK v ! : .PREYIOUS000Ufi1ONMENT NOT KNOWN NROADWAY•! UNFAwUAR YRIHROAD PLICABLE �•OBSTRUCnONONROADWAY• CROA4WACROSeSWAFX NOT fit,EtlPxaPATFOUED �i w e lk;ith DCONSTRVCnON.RICPAIR IONS AT,'NFTIiRFiECTtON'" °"' , �+ NO P i N TION F nfi;.:CfiG in?"9Y.'xY!YItS`S •I's n^S•w"t:2.1^'..."H C'A�zv-'A1-f "! �;;:;"mw$OLv6D'VS.kscLEc RHAFARDOUS MATEipAI FLOODED+ IN.ROAd•INCLUD43 81FOULDER OTHER 11/7 OT*%R`S ;HOZ IN ROAD NONE APPARENT q. NO UNUSUAL CONDITIONS t APPROACNNGIUA MOSCHOOL$UB ORUNAWAYYENCIt ,;? (3KEICK h ��([. I I n i P .•Ltr a f uJ�S t 1. ;r, ■tp1""moRTII' •..�H(�Ctrs f � ' l-•1 nv rc+ + Iry 1 1 V' jj V !' .., '.. , FROM :CSRR SRNRRMON TO sOf AlrroiwA + 1995.02-09 OS904PM #181 P.04/08 . JURED / WITNESSES / PASSENGIERS ^:o►wowaloN• T1AgA�lP!! NciPNwRER erntgi.E. r "Van 1 95 ' + EXTENT OF INJURY("X"ONE) INJURED WAS("X"ONE) t ylY6 fMlpN iOSB AO[ six PARTY SEAT !AFITY [J[tTCD t rATA1 6lYtRE eTNtRriNilt tompwm• N4NE[R POS. Mum EGVRY wuEY MullY 6t PAW Domm PASS n0. utrtuPT OhHR ❑ L 0 101 m 11 o �- �.! 10.016.i MOREt6 T[1lm6N[ ,R[o 0►A.YI TRANlPept[D 6Y3 TAM TOi'Cal"Mas •; . �rieTIM Or MCIIwl IRIM[ap1pK0 1" 0 "' D 11Cl ❑ C7 2 '' «=�$EatkoLL)AOD�► Tt�LONONE •URSO ONLn TRANlPOETED ET: TAKCM ICR16E EIQ.Aw/ 141h NIIAIEE ! +'� •1 � Q NCfM OfvtOtiMFCIrARi w4TIPIEE=+ ' 0 , n � r, ;.,. f t Ar 1� l d t .AURlOOtR.'I')TRAN[MMT[0 STI wm;f4. ., TAKEN TOI -' . ©riCTES o/YWl[i+t EIIiM[aP'TIAKO HARKiO&LI A0040 - - Ttl[►iKWt .. 4 . o""RE 010.TITRWSPURTEOair: TAKEN TM' "OM of maw Comc NOTMV ❑ n ❑ ❑ b c� 77 1 NMA[10.0.6 t ADDRUP i T&K&"M PLlCR16l D WRIEf .-..... - - .. . .�• -���� .. � � � � ©YICAM Oi 4ieLElfiOWtIE NPrHAEe. On Cl Tluu"Orit....._. _ .. ONAIR[O ONIn TRAaSPORT[C EYS _ :` ,...: TAKEN TOC• .. ..:.,�••:,.. ....- ..- - - _ �'[�•YiGTw 0�YIOLRiT CilY[NDna[6 PptfARlR7 NAME 1A N HR Y0. DAY r riEN1 n NAMI - DAT TtA HP SSS-Page 3(Rov_7-87)-OPJ 042 07 Ear i i FROM :CSRR SRNRRMON TO + 1995.02-09 O5:O5PM #181 P.OS/O8 FACTUAL DIAUKAM r J \i4Ti V►\�'0l4V}{rON / TiM/\il.N .rfiQ NyrwAw Q#1•IQiR I.4• \V#!\!\ A64 Mi[A6Uf*Wb4KNTz ARC APP"oXIMATC ANb NOT TO St ALC VN4r&S GTATtb 16CALS! y t } N\ATN } ,I i B"-D,..Smwz RIO wvriz 0= u-,g r;w/l Aa dAr o,'�,� 1 r. ('11Y C'-.D1SM .X 47.20M _1D1.WWVdZ IWIR,0.,A1WS 014 YVANH 4106'r- 0- 'V AU/IV v „I CROt7 77,E I j 1 Ft-9 01 1.995 D#ifMN\• //��JJ1/ .,J�/�J�(J/.7 },G,NVfy//Y�JJM)TMJ i♦ rte. OAT �A, (i II\Y#\M\At Nar! ( NOa VA• *Nr �m111 #>�� YIW'ilr � !¢Ilbi(S63C7l1lG CMP 668—Page 4(Rw ik88),6P4 042 FROM :CSRR SRNRRMON TO a r r + 199S.02-09 0Ss0EPM ##181 P.06/08 ' Pimps NOTIFI.QUION: I RECEIVED A CALL TO RESPOND TO THE CITY OF DANVILLE TO ASSIST IN AN OFFICER-INVOLVED TRAFFIC COLLISION, AT APPROX. 1550 HRS. I RESPONDED - FROM I-580 AT AIRWAY BLVD. ANT) ARRIVuD AT SCENE AT APPROX. 1510 HRS. SQL DESCRIPTION: DANVILLE BLVD. , N/OF RAILROAD AVE. , IS A NORTH-SOU'PH, CITY STREET, IN A SCHOOL -ZONE, WITH A POSTED 25 MPH SPEED LIMIT. THERE IS A WOOD, AND STEEL GUARD RAIL ON THE EAST EDGE OF THId ROADWAY. TIMRE IS AN ASPHALT SHOULDER AND A MARKED BIKE LANE. THE E/EDGE OF THE NIB LANE IS MARKED BY A SOLID WHITr EDGE LINE. THERR IS ONE, ASPHALT SURFACE j LANE NIB, A TWO-WAY LEFT-TURN-ONLY LANE, AND ONE ASPHALT SURFACE t LANE S/B. THE J,/TURN LANE IS MARKED BY SOLID YELLOW LINES ON THU OUTSIDE AND BROKEN YELLOW LINES ON, TH�''.t INSTDE. (REFER DIAGRAM, PG.4) THE W/EDGE OF THE SIB LANE IS MARKED AY A SOLID WRITE EDGE LINE. THERE IS A RAISED, CONCRETE CURB ON THU W/S1IDE OF T�w wgq SHOULDER, FOLLOWED BY THE PARKING LOT FOR THE HIGH SCHOOL. WEATHER: CLEAR LIGHTING: DAYLIGHT ' �ICLES: V-1_, A 'WRITE FORD CROWN VICTORIA SEDAN, WITH DANVILLE POLICE SERVICES MARKINGS, AT; �RRSTi ON WHEnS, FACING IN A WESTERLY DIRECI'ZON, BLOCKING THE N4f 8 LANE'`AND A PORTION OF" TNR L/TURN LAND. `-`THERE' WAS MAJOR DAMAGE TO i.L`/VDOOR AND T,EF'T'`SS17L�. NO PRIOR MECi . '!DBFECTS NOTED AT SCENE. (REFER DIAGRAM FOR LOCATION MEASUREMENTS) LOCATION• OF DRIVER,: STANDING BY V-1;. A RED PONTIAC' GRAND_' AM, AT. ;REST; ON WHEELS, FACING, IN` A :.`,NORTHERLY, DIRECTION IN THE,$/B LANE:. THE FRONT END WAS PUSHED INTO THE, LEFT,` SIDE. ''oF.� V-1 , . THERE WAS.' MAJOR DAMAGE" TO THE . FRONT END INCLUDING THB*,BUMVHR, GRILLE,:,HOOL ,.;FFNDERS. AND, ADJACENT AREAS." NO PRIOR �MSCH.., D�:FBCTS . NOTED :AT. "S',CENF: (12I;I+�R DIAlk,M :;FOR LOCAZ`ZON MEASUREMENTS) . LOCATION OF, DRIVER/PASSENGERS: P 2 WAS SI32TED TN .k bANVILTE, P.,D. UNIT AT SCENE FASS. AND PASS 2 -WERa IN ;THE HIGHSCHOOL ON.THE 'W/SIDE OF THE ROADWAY: SICAL EVIDENCE: DAMAGH TO V-1 AND V-2. SIDS-SKID MARKS LEFT BY FRONT TIRES OF V-1.. FEB: 0 �a ■ - ,. _. ^: 1. 'f ., � FROM SCS-RR SRNRRmON TO 1996,132-09 essespm ftei P.07/08 STAT ENYM: P-1 (SIKES) STATED SUBSTANTIALLY: I WAS PARKED ON THE 13AST SHOULDER OF DANVILLE BLVD. , WORKING RADAR AND MONITORING TRAFFIC ON DANVILLE BLVD.. IN THE SCHOOL ZONE. TRAFFIC WAS AT A STOP IN THE SIB LANE AND I OBSERVED A MAROON VRH. PULL INTO THE TWO-WAY L/TURN LANE FROM TH p S/13 LANE AND .BEeir PASSING TRAFFIC. MY RADAR SHOWND THE VER. WAS TRAVELLING AT 52 MPH (IN THE 25 MPH SCHOOL ZONE) SO I PR13PARBD TO TAKE ENFORCEMENT ACTION. I PUT THE CAR IN GEAR, CHECKED OVER MY SHOULDER AND DIDN'T SEE ANYONE, SO I BEGAN, A U-TURN TO GO AFTER THE VIOLATOR. AS tGOT PERPENDICULAR ACROSS THE N/8 LANE, X SAW (V-2) BUT IT WAS TOO LATE TO DO ANYTHING AND SHE HIT MR IN THE DRIVERS DOOR. MY HEAD HIT THE LEFT WINDOW AT IMPACT. I NOTIFIED MY DEPARTMENT THAT I HAD BERN INVOLVED IN A COLLISION, THEN CHECKED THE OTHER PARTIES FOR INJURIES. WHEN MY SUPERVISORS ARRIVRD, THIdy MADE THE DECISION TO CALL THE CHP. P-2 (CRAWFORD) STATED SUBSTANTIALLY.. I WAS NIB AT ABOUT 25 TO 28 MPH. I SAW THE POLICE CAR STOPPED ON THE S71OULDER BY, THE GUARD RAIL, AND JUST AS I GOT NEAR HIM, HE MADU A TURN RIGHT IN FRONT OF MR. I DIDN'T HAVE TIME TO DO ANYTHING EXCEPT HIT MY BRAKES, BUT IIT WAS TOO LATE TO DO ANY GOOD. PASS-I (DAVIS) STATED SUBSTANTIALLY; I WAS IN TIM R/Y OF (V-2) ,AND LOOKING DOWN INTO MY BAG. I HEARD 2) SAY, ON NO AND I LOOKED UP, JUST AS WE HIT THE POLICE MR. ,'STATED SUSSTANTIALLY, I WAG, IN THE BACk':SkAtf , SO-, DIDN'T .'SEE Mum I -HWb. (P2) SAY ,� AND THEN WE HIT. HIT MY-'HEADA! ND FACE' t��-E' Fmick 6F :Tfi1; RIF SEAT, opxsONS AM -wig �c m - _ COLLIS 10N,�OCCURRED ON IT/B DANVILLE abvrY1;`,--N/bF kAILROAD AVE., :1WAS 1&6� TRAFFI`C��AN D' .OBSR#kD� A TRAFFIC AFF , VTOT, IN!:THE MONITOR ATION E CHOOL ZONE. P-�71: �PRE-PARO,'i�"-TU. ,I'AKB- ,-'RNFORCEMENT ACTION' IN 'ACCORDANCE WiTH His DUTIES;.! HE M:TCMAKE 'U-TURN 'Ib t 70?kHli�ND-THE VIOLATOR, ,BUT CH�*4_ - : His: 119 .FAILED..To OBSERVE'. Vlw-2 AIZPROA N/B;.'.FROM SOU774 OF LOCATION. P,_1 MADE A'.'TURN"-.FROM TRR ,r,'/SHOULDER'.D1RECTtY INTO? THE PATH OF' 'V-2 P-2 ATTEMPTED.,TO AVO:rD THE COLLISION BY APPLYING UNR BRAKES 7 BUT.. THERE 'WAS PqSUFipiCI9NTTIME OR ROOM.' THE FRONT'. OFV*2 STRUCK'-THE L/F-'DOOR AREA OP V-11 CAUSING MAJOR DAMAGE TO. BOTH VERS. 3. PQINT OF .IMPACT �rjl POINT OF' IMPACT WAS IN:THE,N/B LANE;, APPROX. 48 FT_ N/OF,:THR, N -.CUBA PROLONGATXON' OF THE RXIT"DRIVE FROM THE HIGH SCROOL .FARTHING 'LOT, PDX ESTABLISHED BYTOINTS-OF REST'6L V-1 AND V-2 AND STATEMENTS OF INVOLVED PARTIES. "' UNSAFE STARTING ST P-11, IN THAT HE�TuRNED INTO THE PATH or. V-2 WHEN IT:WAS CLOSE ENOUGH TO,CONSTITUTE A HAZARD, NO PROSECUTION WILL BE SOUGHT AS THE. TURNING.MOVEMENT WAS A RESULT OF. P-1 Al"TEMPTING. TO TAKE ENFORCEMRNT,:ACTIONON A TRAFFIC VIOLATOR, IN ACCOMAMCB 'WITH HIS- DUTIES 'AM ASSIGNMENT. ROC Ows, NONE.' 41993 FED 199! FROM 'CSR SANRRMON TO : + 1995.02-09 OS:07PM #161 P.06/06 FACTUAL DIAGRAM r"••'T 1 ONTe OM COjINVIPw isms(041091 j.,/ YQia MVOtrtt trr r•Otw I.P. NMMOtJt -�v AL1.M:SAitiRlMrtiT9.AR:AI'fRg)ljMSATL AP40 v40T TO SCALK UNL[ft BTATCO ISCALIK l �• t J/�i�G��y, �,`�,f�,y IMs/ew�s f• tnr�Ve ,,jLoae vi �aCIT Ff�Y y it ps}R41A6 A407 �N it i a 42 I i i { t i PeANM trr � 1.�UMtMR `jM p. PwT �. rt V1i M�3tt Ywr• — MO. *AV rw, . htN CHP 555-Pago 4 fRev 14851 UPI 042 ( { . i ' 1 { !' S CLAIM G) BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA March 7, 1995 l 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: $3,985.31 ? Section 913 and 915.4. Please note all rnings11-,,-,4`u3.L- 1� W, CLAIMANT: Carolam Elmore F E B 1 t 1995 ATTORNEY COUNTY COUNSEL Date received MARTINEZ CALIF. ADDRESS: _ 15 Beechwood Court BY DELIVERY TO CLERK ON February- 17, 1995 Pittsburg CA 94565 BY MAIL POSTMARKED: No Postmark 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. GATED: February -17, 1995 BAIL BAATTCepuYELOR, Clerk + I1. FROM: County Counsel TO: Clerk of the Board of Supervisors ( his 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: p1" — 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: 1 certify that this is a -true and correct copy of the Board's Order entered in its minutes for this date. Dated: , io, 7 1gffi PHIL BATCHELOR, Clerk, 6 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 l am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, .California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. r Dated: 7 1& BY: PHIL BATCHELOR byJAIA, puty Clerk CC: County Counsel County Administrator FED-14-1995 09-*39 FROM OCC k1SK HAiRGFj4ENT 1 CJ P.02/03 BOAFM OF SUPERVISORS OF C*WM COSTA aXiM �CTIONS To CLAMM A. Claims relating to causes of action for death W for Injury to person or to per- sOnal property Or growing crus and 16hieb acerae on or before December 31, 1987, must be presented not late rt I _r than the 100th day after r 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 amps and which aearm on or after January 1, 1988, must be presented not later than six months of the accrual of the cause Of action. Claims relating to any other cause of action mint be presented not later than One year after the accrual or the cause cf action. (00vt. CQdO 5911.2.) B. C111=5 M=t be filed with the Clerk of the 11czd of Supervisors at its offboe in Boom 106, County Administration BuJIding, 651 pim stmet, martinez, CA 94553. Co If claim IS against a district governed W the Board of Supervi=s s, rather than the COMtYs the to=me of the District abould be filled- in. D. If the claim is against more th= one public entity: separate claims must be filed against each public entity. & PMud, See Pemlty for Phaudulent clafw$ Penal, 00de Sec. 72 at the and of this for-M. RE: Maim By Reserved ;rW Merkvs filing stamp RECEIVED Against the Wiumy or E—M Costa L or FEB 17 1995 District) - CLERK BOARD OF SUPERVISORS F iTr in nam L_ I CONTRA COSTA CO. The 13ndersigwd claiment hereby makes claim against the Cgmty Of Contra. Costa or the above-nand District in the sum, of $ O, 17 9 31 7- and in support of this clai=m represents as follows- /utf - L-4- 1 When did the damage.or injury <=ur? -(Give exact date and hour) 2. Where did the damage or injur7 occur.) (Inolude city and =mty) d CIA 3. How did the damage or injury occur? (Give full details; use extra paper if required) 4. What partimiar act cr omission an the part of cottnty.or district officers,, servants or employees caused the Injury or damage? FEH-14-1995 09:39 FROM CCC RISK MAWIGEMENT TO 967451 " f'.O3-'"03 5+ gnat are the raes of COunty. or 'district affiCers, servants or empioyees causing the dar..a.ge or irjury7? 5. 'What damage or injuries do you claim resulted? (Give full extent of inn jUr,�ies or /dames claimed. Attach two esti�Aates fdrW W damage. (.�=-��.�LCr'/�•� Cr-�-YtJ2- . '`-�--G-�.:. f�--�--.eC.� Gl �-,2G- `C..L/�.c�c�-Li ti:-4�- Ci�'� • �, �„�, � .QLC �oX�A,=�J �-C�-.L'c:.c.a:.�-,�-- /t� •�e-C.cZ.'y2, eE�Z-2�-C�.�z.� f '4� ' _ ! •r»G.�-i.�-t�."-r[�Gc_sc.� �ti7 1-G'.b���ttiz., //,G�.C.L' �.'�'Z.�Lt- E.c.l� - a aimed above C=puted?' (InclWe the estimated amount of .any, rT pectives injury or damage.) ?� c - X 3. 3 s $. Names and addresses of witnesses, doctoM and tmpiWs. f���� - C/L� E/�✓� �°� ..i .r�-C_-.�'C., `'--7c.-e9 jtG-�-� �'L.. v'Lc'-qty ftp • �� �'t'� 9. List, the expenditures You made to aa=wtof this amident or injury= DATE ITS AM= _ Goi. Ctade ,.4c. 914:2 providez; Me claim must_ be Biped by the claimant SAID NOMES TO: (Att2_M ) tyr Som 22MM tin his behalf.* Name and Address of Attorney �C,C.•C� --rte ^' 21�t S Signaturef ` eA Address Teles No. e Na. 7 y��yr0 C I/1J T e 19 0 T X C E Section 72 of the Penal Gone provides; "Every, person who, with intent to defraud, presmts for allowance or for payment to any state board or officer, or to any cWnty, city or district board ter officer, authorized to allow or pay the same it gamliner any Wse or fraudulent claim, bill, actxnmrt, voueka v or writing, is pwishabi.e either by imprisonment in the county jail for a period of not more than one year, by a fine of not exeeed'ng we thousand ($1$000), or by both such Imprisomunt and fine, or by imFrisonwnt in the state prison, by a fine of not exceeding 'Gen thousand dollars ($113,000, or by both such Imprisonrwnt and fine. r _1C 6 L`/e_A— ec.c f �i. � + TOTAL P.03 oll _ ' �� (/ick G ' ' (D(D 1< C)L-L- ][ !E-> ][ C)P4 � z FOR PEOPLE WHO CARE 1414 PINE STREET WALNUT CREEK, CA 94596 (510) 935-4041 Fax: (51O) 935-2508 DAMAGE REPOR-1- ## -1-20-50 by MIKE GALLI ' Make 1989 NISSAN Address 15 BUCHWOOD CT Style : 240SX Home P�one 709-0862 Work: 674-8022 Ser # DESCRIPTION EST PRICE ' LABOR / PAINT / ======================================================================================= l NEW LEFT QUARTER PANEL 413.94 ' 15.0 ' 3.7 | ' | ' ( ' 2 REPAIR `" OUTER HHLHS[ | | 2'0 | 3 NEW LEFT DOOR OUTER PANEL | 271'55 | 5'6 | 2'9 4 REFINISH2.0 � | i ( ' S NEW LEFT | 30.56 ( 0'2 | 6 NEW LEFTDOOR " ' ( '6� 61 D 2 - | | 7 NEW LEFT 0UAK7[H 8 ' / 'RIP[-0 34 85 D 2 | | 8 TINT COLOR | | | 1'0 9COLOR SAND & POLlSK-0 | 1^5 | 10 CLEAR C&0 / | ' 1.8 ======================================================================================= Continued on newt page ' ' ' . ' ` ' ' Page ELMORE .CAROLANN 89 NISSAN DAMAGE REPORT> #'' 12050 ---__------- -------------------- # DESCRIPTION . .EST PRICE ; LABOR ; PAINT --------------------------------------------------------------------------------------- UAMAGE REPORT SUMMARY tiARbY..___ ._._. 6 Labor � . .E.$C.e......scrip.t_ive_..._]I5t-em s :5PAIN.T _ CA-11 4.-- BODY LA 22.6 @ 60.00 1356.00 f MATERIALS 307.80 GLASS LA 0.0 @ 60.00 0.00 SUPPLIES 0.00 FRAME LA 0.0 @ 75.00 0.00 HAZARD WASTE 6.84 MECH LA 0.0 @ 75.00 0.00 SUBLET 0.00 BODY-S 0.0 @ 75.00 0.00 f USED/RECOND 0.00 ELECTRICA 0.0 @ 75.00 0.00 TOW CHARGES 0.00 IMPORT 0.0 @ 60.00 0.00 f MISC W/TAX, 0.00 DETAIL LA 2.1 @ 60.00 126.00 STORAGE 0.00 0VER,HEF,C?............_0.._0.._@._......_0.00..._._.............._._._.....__0.-_00_.;_.._USER-DEFINED......_........._...._............ .:... 0.00 36.1 Labor brs. ..- .. 1"f ems -, . .0....1.5. Labor 20166.00 STaubxtotal _._.... .. .125 _ ._0_92.50 7 Grand__Total......._....._$3,_389.39 PARTS PRICES SUBJECT TO INVOICE We made a decision long ago that it would be better to explain price once than to apologize for quality forever If you have any questions about the repairs proposed for your vehicle, please feel free to ask. Our staff can assist you in contacting your insurance company. ASK ABOUT OUR LIFETIME GUARANTEE! DAMAGE REPORT authorized by date WE ARE IN THE SERVICE BUSINESS, AND WE ARE HERE TO SERVE YOU! Collision Shop is a trademark of Mitchell International Copyright 1991,1992 All Rights Reserved CLAIM BOARD OF`SUPERVISQRS OF CONTRA COSTA COUNTY, CALIFORNIA March 7, 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 n 1oI5;yM NY TR CLAIMANT: Jack Cortez FEB a 3 3995 COUNTYCOUNSEL ATTORNEY: MARTINr=Z CALIF. Date received February 21, 1995 ADDRESS: 1704 Riviera Ave. BY DELIVERY TO CLERK ON Walnut Creek CA 94595 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 21, 1995 ��1L DepuLyLOR, 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 III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present (This Claim is rejected in full. ( ) Other: I certify that this is a -true and correct copy of the Board's Order entered in its minutes for this date. Dated: 0, 7 1995 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�.I , Dated: W D:� 7 U BY: PHIL BATCHELOR by eputy 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 �..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) 646-2041 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 21, 1995 VALERIE J. RANCHE DAVID F. SCHMIDT DIANA J. SILVER VICTORIA T. WILLIAMS NOTICE OF INSUFFICIENCY AND/OR NON-ACCEPTANCE OF CLAIM TO: Jack Cortez 1704 Riviera Ave. Walnut Creek, CA 94595 RE: CLAIM OF: Jack Cortez 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. [] 4 . The claim fails to state the name (s) of the public employee (s) causing the injury, damage, or loss, if known. , [] 5 . The claim fails to state whether the amount claimed exceeds ten thousand dollars ($10, 000) . If the claim totals less than ten thousand dollars ($10 , 000) , the claim fails to state the t 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 . [X] 7 . Other: Please include the year in which the accident occurred. While I assume the year was 1995, you must include this information in writing for the claim to comply with the Government Code. I apolgize for the inconvenience. 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: February l , 1995 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) p �,. C�6 o NVO r o fA I CD MA ca i■� Clair: to: BOARD OF SJPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT A. Claims relati�ig 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 aga=inst 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 GO ) RECEIVE® Against the County of Contra Costa ) FEB 2 11995 or 1 District) CLERK BOARD OF SUPERVISORS Fill in name ) CONTRA COSTA) OSTA CO. The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ and in support of this claim represents as follows: 1. When did the dapage.or injury occur? (Give exact date and hour) '7�/,.6 4� `off S'c71 96 2. Where did the'damage. or. in�ury c ? (Include city and county) c-r C �I;uK �sHEaaTLeSfcTio�1�' E`/ 3• How did the damage or injury occur? (Give full details; use extra paper if required) At, 4. What particular act or omission on the part of county or district officers, /servants or employees caused the injury or damage? /oma : 7 5. wnat are the names of county or district officers, servants or employdes causing the damage or injure? 5. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. Jc 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) 4 W6�1�1(oLs rny.AV LEa �CR�4'�gh� e.7S�lv�'1') LJ F-d $. :Names and addresses of witnesses, doctors and hospitals. 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT Nfl� Gov. Code Sec. 910:2 provides: . "The claim must be signed by the.-claimant SEND NOTICES TO: (Atto.►^ne ) or by some person on his .behalf." Name and Address of Attorney Claimant's Signature /�7,�IAIrViEO4 AUS Address Telephone No. Telephone No. * * * �r - 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 ($10,000, or by both such imprisonment and fine. � + i i , � • .-�'t � �� l'����� � ►�` -' �1 �'� M '' ®� d'9fid+�a �IHQQ��f �r®©a5�s.�Q��`a�d`��yo� �� � a - I %►� t�'' �� �• II � t / i r � /' y / Is / � , * j � l I / s, 1 � > �� � � sf . �1 � � l � '�1/ ,, � ,. I i �' ,, d _J ! � , _ r � � � � � � e ��f P.X/t.�.��✓�CJ e + �RELL® � LLE T0� �= f BR{AKE ,'1 SINCE 1970 Originlequipment onthe worl�finest. Complete Auto Servit-`Obnter UNIROYAL 535 San Ramon Valley Blvd. Danville, California 9452E . (510) 837-4251 01FG®®dr'ch cx o� VA Tires Mrd ' 0005197 � � � ° ��:� � ;��''�' Jack_. � fE:7_E3" - I M9=0-FIF= 0005157 WU#a CA- 1PSl+i43 •.,.:_ - �_AD-069066 EPA#CAL912214828 Cor. teza ,Jack 84 17021.709 ADDRESS249 West E1 Pintado VOLKSWAGEN � -02/09/9 Danville GA 545c Cw °° RABBIT/GQLI" 15:53: 18 DESJCRI @ PARTS$ LOTY LABOR$ LINE TOTAL PTI T1/T2 STATUS F replace axle INM O/P-L REMN CV MKPL M , TRW 47R 1.w 444.12 -,r 144.12 O/P-R REIN CU COIL ASSN' TRW22046R '1.00 194.12 144.12 Labor 3.00 1621.16 162.00 k4M ALIBMW SERVICE 4 Wheel Coupon replace 2-Aiels 459E TIRE PAD RVIE P185/70r1,3dP S4'R52D08F x2.00 :_1 00 w 122. 7- ' Tire Dispkl �� 5.00 �� Calif ecyie dee �a �`` 0.50 Q ( - T VEHICLE NOTES PMT SUMMARY CHARGE SUMMARY Peart s. . . . . . . . . . 963. 24 Labor. . . . . . . . . . ";.0. 50 Sublet Lab. . . . . 0. 00 Hazardous. . . . . . 5. 50 Pmog Cert. . . . . . 0. 00 1-otal tax. . . . . 79. 47 ESITMATE T0101 27A 71 I HEREBY AUTHORIZE THAT THE REPAIR WORK TO BE DONE ALONG WITH THE NECESSARY MATERIALS.YOU AND YOU EMPLOYEES MAY OPERATE VEHICLE FOR PURPOSES OF TESTING,INSPECTION OR DELIVERY AT MY RISK.AN EXPRESS MECHANIC'S LIEN IS ACKNOWLEDGED ON VEHICLE TO SECURE THE AMOUNT OF REPAIRS THERETO.YOU WILL NOT BE HELD RESPONSIBLE FOR LOSS OR DAMAGE TO VEHICLE OR ARTICLES LEFT IN VEHICLE IN CASE OF FIRE,THEFT,ACCIDEN OR ANY OTHER CAUSE BEYOND YOUR CONTROL. TAG MUST BE PRESENTED FOR CREDIT OR WARRANTY WORK. - BECAUSE OF THE EXTENT OF THE TEARDOWN AND INSPECTION,THE VEHICLE MAY NOT PERFORM.AS WELL AS BEFORE. ALL PARTS NEW,UNLESS OTHERWISE STATED BY LAW,YOU MAY CHOOSE ANOTHER FACILITY TO PERFORM ANY NEEDED REPAIRS OR ADJUSTMENTS THAT THE ^ SMOG CHECK TEST INDICATES ARE NECESSARY. SIGNATURE ACCOUNTS DUE AND PAYABLE BY THE 10TH OF THE MONTH,AND PAST DUE AFTER THE 25TH.A FINANCE CHARGE OF 11/2%PER MONTH WILL BE ADDED TO THE PAST DUE BALANCE. i S+D AUTOMOTIVE 1 5BETA COURT CN1,923434064 SAN RAMON, CA 94583 (510) 838-6361 NAME/ADDRESS - - ACCOUNT NO. H-PHONE REFERENCE NO. -- 9 3'74UD9 (510) 937-4009 W000003934 'f..UQTEr9r HACK. ` P.O:NO. W-PHONE - - - DATE/TIME- 17tI BIt�I RA Ave (510) 933--1800 X2/09/95 1:41 - RESALE'N0. - VtNNO. WO F'ES NO... � A1.rRtrf C988r, 'CA 909 YEAttR��/.tMtAKE/gMO��D7ELj rf T _ LIC7ENr'StE NO. "-- TAG NO. NEXT.INSR DATE. BAR-NO. L, `! ,q SAVE PARTS PROMISED DATE/ - MILEAGE ;; WRITTEN BY ALL PARTS NEW UNLESS . ` �� Y N OTHERWISE SPECIFIED AMOUNT • • • • _.DISCLAIMER .OF WARRANTIES ANY WARRANTIES ON THE PRODUCTS SOLDARE THOSE'I MADE BY THE MANUFACTURER, THE SELLER HEREBY EXPRESSLY DISCLAIMS,ALL WARRANTIES,EITHER EXPRESS OR IMPLIED,INCLUDINGANY ,ORIGINAL IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A-PARTICULAR - PURPOSE,AND.NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO '.ASSUME FOR.IT ANV LIABILITY IN CONNECTION WITH THE SALE OF SAID PRODUCTS. REVISED 1 BUYER SHALL NOT BE ENTITLED.TO RECOVER FROM THE SELLER ANY CONSEDUENTIAL DAMAGES,DAMAGES TO PROPERTY,DAMAGE FOR LOSS OF USE, REVISED ZLOSS OF TIME,LOSS OF PROFIT OR INCOME OR ANY OTHER INCIDENTAL DAMAGES. EMISSION WAIVER — I understand that I have the right to have 1 dGkflOWlBdge f10tICB and Or81 1pprOV2I Of`8tl ir1CYE;EISEl,IFt 1hE:Oflg-IR81 E;St1018t8 price...,,, emission service and/or adjustment done elsewhere.I hereby waive - -. :fhis.right at-this,time..--, PARTS & OTHERS y AOraqi na1- LABOR DESCRIPTION - • • 143.l7 14=77 R � HS11ALL; FRT AXLES �VB IW ALIRGRENT (1!1 t)i�iel'�i1nS1llt LAii1Y+. # WHEO, A:IIGHENT I hereby accept the initial estimate and agree to-the terms andTO TALS conditions herein set forthandhereby authorize the service and repair and/or installation work to be,done along with-the necessary,matenals and-hereby grant you and/or your employees and/or designees PARTS , �t permission to operate the vehicle herein.described on streets,highways _ - 260 0 V. or elsewhere for the purpose of testing or inspectiona'hereby authorize LABOR. ` storage of the vehicle at the rate of Iper day beginning. on the day after repairs are completed An expressmechanic's' 'OTHER. lien is hereby acknowledged on vehicle-to secure the amount of:towing. - - storage and/or repairs.You will not be held responsible for loss or SUBLET; damage to vehicle or accessories or articles left in vehicle in case of '630. 80 fire,theft,vandalism,accident,or any other cause beyond your control.'_ - - SUBTOTAL �f In the event legal.action is necessary to enforce this.contract,1 Will pay - ,J� tf'f; reasonable attorney's fees and court cost:- - - 7AX 661' 39 AUTHORIZED,BY X OWNER'S MANUAL RECOMMENDATIONS TOTA . L• CASH AMOUNT CHECK AMOUNT CHECK NO. C.C.AMOUNT C.C.TYPE CC APPROVAL CODE ON ACCOUNT THDK.Y i CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA March 7, 1995 1 �� 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: $333.21 Section 913 and 915.4. Please note 11 YarNngs,*- � 4 CLAIMANT: Meribeth Chadderton FEB 119195 ATTORNEY: COUNTY COUNSEL Date received MARTINEZCALIF. ADDRESS: 696 Concord Place BY DELIVERY TO CLERK ON February 8, 1995 Pleasanton CA 94566 BY MAIL POSTMARKED: FPhniar;L 7, 1 AA5 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: February 13, 1995 PPHHIL ATCHELOR, Clerk 8Y: �puty 21. FROM: County Counsel TO: Clerk of the Board of Supervisors (L,KThis 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 910.6). ( ) 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- c'7 S BY: Deputy County Counsel III. FROM: Clerk of the Board 70: County Counsel (1) County Administrator (2) { ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present (✓ 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. , 7199.�i Dated: � PHIL BATCHELOR, Clerk, By , Deputy Clerk YARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the nail to file a court action on this claim. See Government Code Section 945.6. Vou 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: MAR 10' 7 1995 BY: PHIL BATCHELOR by's puty Clerk CC: County Counsel County Administrator Z b t \ {g 4 a 1A j AVO I n • v c� Cla:- to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT A. Clai= relating to causes of action for death or for injury to person or to per- sonal property or growing crops and which accrue on or before December 31, 1987, must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to causes of action for-death or for injury to person or to personal property or growing crops and which accrue on or after January 1, -Z' 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 iF1Flt �F � iE � �FiF � �F �F � �t1F � � * it � IF1t * � � � * itlFlE � �F � � IE � �t * itiEiF �F �t RE: Claim By ) Reserved for Clerk's filing stamp RECEED Against the County of Contra Costa ) or ) _$ 1995 District) Fill in name ) CLE RKCON RACOSTA P CO�gORS The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ 3 .-s. ZJ and in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact date and hour) 2. Where did the damage or injury occur? (Include city and county) vvu �ie �Zoa-d2 6of ,5anAd-r_.,Qa__r.., L�r� 3. How did the damage or injury occur? (Give full details; use extra paper if required) ��f �oo7��ia/� �huy�) in see=r uJ�,��yh�- �vnf •��r� �aus�n9 dQ���x_�.2 eai_j2 P-0 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? ,OVA �. wnat are the na.-Pes of county or district officers, servants or employees causing the -a:-�soe or Injury? 5. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. 0;&, /7 -- 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) tz�� fy�(•' J- 7-P.�' l��/�cS'GCI�. � Ighd I 8. Names and addresses of witnesses, doctors and hospitals. 9• List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT Gov. Code Sec. 910:2 .provides: _ "The claim must be signed by the claimant SEND NOTICES TO:. , (Attorne .) or by some person on his behalf." Name and Address of Attorney Claimant's Signature (0 9�0 ��r��i�r'o✓ a Address f�'%e acs a-I? Ab r7 (fg 9 (o Telephone No. Telephone No. (�-io) `lf47/� 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. AML W. � 7 T C O U R7,. B L I N David Reynolds Service Consultant 6015 Scarlett Court• Dublin,CA 94568 B 0 D Y A N D F E N. (510)829-0800 1 1 N G N A M E m�\ 7�'C� (R'^jd 44 4 DATE G ADDRESS t' L PHONE__Lq �`�i DATE WANTED YEAR-MODELOLOR M KE OF CAR BODY TYPE LICENSE N0. SERIAL N0. MOTOR N0. MILEAGE U^ UV REPAIR REPLACE `- \�/ � 1 / !A LABOR PA W RTS AND - SUBLET MATERIALS. WORK l 'Q ♦ Q 20? SCJ TOTALS LABOR l ' D✓✓✓ THIS ESTIMATE IS BASED ON OUR INSPECTION AND DOES NOT COVER ADDITIONAL PARTS OR PARTS AND MATERIALS LABOR WHICH MAY BE REQUIRED AFTER THE WORK HAS BEEN STARTED. AFTER THE WORK HAS STARTED. WORN OR DAMAGED PARTS WHICH ARE NOT EVIDENT ON FIRST INSPECTION MAY SUBLET WORK .BE DISCOVERED. NATURALLY THIS ESTIMATE CANNOT COVER SUCH CONTINGENCIES.PARTS PRICES SUBJECT TO CHANGE WITHOUT NOTICE. THIS ESTIMATE IS FOR IMMEDIATE ACCEPTANCE. TAX THIS WORK AUTHORIZED BY GRAND TOTAL ESTIMATE SHEET AND REPAIR ORDER FORM SA•87 THE REYNOLDS&REYNOLDS CO..CELINA.OHIO LITHOINU.S.A. CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA 1 March 7, 1995 ' taim Against the County, or District governed by) BOARD it Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT id Board Action. All Section references are to ) The copy of this document wiled to you is your notice of ilifornia Government Codes. ) the action taken on your claim by the Bard of Supervisors (Paragraph IV below), given pursuant to Government Code count: $250,000.00 Section 913 and 915.4. Please note all •Y ,rnings`. CLAIMANT: Tyler Beattie FEB 15 1599, ATTORNEY Hal F. Seibert Scranton Law Firm Date received 1J§§gNEZCAuF. ADDRESS: 1200 Concord Ave., Ste. 260 BY DELIVERY TO CLERK ON Februaryr14, r5° Concord CA 94520 Feb 13 1995 BY MAIL POSTMARKED: February , 3. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: F�,gry 15 1945 pp��IL ATCHEIOR, Clerk _ LLD ar: UTputyCHE /L.d.tJC.0 L U. 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: o�"�5 — BY: Deputy County Counsel III. fROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) { ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present N ) 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. r Dated: MAR ' 7 1995 PHIL BATCHELOR, Clerk, B . Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice ws personally served or deposited in the mail to file a court action on this claim. See Goverment 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 meniioned, have been a citizen of the Jnited States, over age 16: and that today I deposited in.the United SU tes Postal Service in Martinez, 'elifornia, postage fully prepaid a certified Copy Of this Bard Order and Notice to Claimant, addressed to K claimant as sham above. .ted: " 7 190 BY: PHIL BATCHELOR by putt' Clerk County Counsel County Administrator 4 0 U') 0 As 0 �4 41 r. 0 U 0 co Ln rA 0 LO -r-I r-4 > p Q) 0 04 0 44 Q3 N 0 ro P $4 V-4 4-) tio 0 Ln (d kD V�4 0 U 0 CLAIM FOR DAMAGES , E, (Government Code 5910) TO: Board of Supervisors, Contra Costa County FEB Q 1995 651 Pine, Room 108A K BOAR Martinez, CA 94553 CLERp CONTRA co SUPS V1- 1. NAME AND ADDRESS OF CLAIMANT: Tyler Beattie, 146 Fi S Lane, #5A, Martinez, CA 94553 . 2 . NAME AND ADDRESS OF PERSON REPRESENTING CLAIMANT AND TO WHOM NOTICES ARE TO BE SENT: HAL F. SEIBERT Scranton Law Firm 1200 Concord Avenue, Suite 260 Concord, CA 94520 Telephone (510) 602-2727 3 . DATE AND PLACE OF INCIDENT AND CIRCUMSTANCES GIVING RISE TO CLAIM: Auto accident occurring on September 21, 1994 . Charles Andre, an employee of Contra Costa County, negligently operated a motor vehicle causing it to collide with claimant causing bodily injury. The incident took place on Muir Road near Glacier Drive in the City of Martinez, County of Contra Costa. 4 . GENERAL DESCRIPTION OF DAMAGE OR LOSS INCURRED: Fractured leg, lacerations. 5. NAME AND ADDRESS OF PUBLIC EMPLOYEE CAUSING INJURY, OR DAMAGE, IF KNOWN: Charles Andre, 1980 Muir Road, Martinez , CA 94553 . 6. AMOUNT OF CLAIM: $250, 000 . Dated: February 13 , 1995 By HAL SEIBERT Attorney for Claimant 58f CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY. CALIFORNIA � - - • : March 7, 1995 laim Against the County. or District governed by) BOARD ACTION le Board of Supervisors. Routing Endorsements. ) NOTICE TO CLAIMANT id Board Action. All Section references are to ) The Copy of this document mailed to you is your notice of ilifornis Government Codes. ) the action taken on your claim by the Bard of Supervisors (Paragraph IV below), given pursuant to Government Code count: Unknown Section 913 and 915.4. Please note all • i�� �' CLAIMANT: Henryilbur Hoot y F E B 13 1995 ATTORNEY Robert Ber, Esq. COUNTYCOUNSEL Date received MARTINEZCALIF. ADDRESS: 1320 Willow Pass Rd. , # 590 BY DELIVERY TO CLERK ON February 10, 1995 Concord CA 94520 BY MAIL POSTMARKED: 14and'T)Pl i verPd I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. OIL ATCHELOR. Clerk . DATED: February 13. 1995 : �eputy 11. FROM: County Counsel TO: Clerk of the Board of Supervisors (-L,4--'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: rte Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present (✓) This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: MARr~ 7 19% PHIL BATCHELOR, Clerk. 8 . Deputy Clerk YARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notict 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 detlare under Penalty of perjury that I am now. and at all times herein mentioned, have been a citizen of the ynited States, over age 18; and that today l deposited in.the United SU tes Postal Service in Martinez, elifornis. postage fully prepaid a certified copy of this Bard Order and Notice to Claimant, addressed to oe claimant as shown above. I., .ted: PSR ' 7 10 BY: PHIL BATCHELOR by. puty Clerk County Counsel County Administrator Clair: 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• BE: Claim By ) Reserved for C erk's filing stamp Henry Wilbur . Hoot RECEIVE® 7T6: Ct 'fS7L17 ) Against the County of Contra Costa ) FEB I p 1995 or ) District) CLERK BOARD OF SUPERVISORS Fill in name ) CONTRA COSTA CO. The undersigned\elaimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ Superior Court and in support of this claim represents as follows: jurisdiction. 1. When did the damage or injury occur? '(Give exact date and hour) August 17, 1994 at about 6-6 : 30 pm - ---- - ---------- - 2. Where did the damage or injury occur? (Include city and county) 23 Orinda Way, Orinda, County of Contra Costa 3. How did the damage or injury occur? (Give full details; use extra paper if required) Excessive and-.-unnecessary force exerted by police officers in creating an incident, in assaulting and battering claimant, and in wrongfully arresting claimant. Refer to police report 94-23398 .for officers ' story of incident. -------------- -------------- --- - 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? The acts described in Item 3, above, were done by Contra Costa County employees serving as.Orinda police. Over) wnat are the names of county or district officers, servants or employees causing the damn-ge or injury? Arthur Shields; David Beason; and other police officers may have encouraged and/or ratified the acts complained of. 5. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. Fractured right arm; dislocated right shoulder; injury to ligaments and tendons in right elbow; and related injuries. Also, pain and suffering and emotional distress associated with the entire ------------ —,incident. 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) $. Names and addresses of witnesses, doctors and hospitals. Dr. Kenneth Jensen, 12 Camino Encinas, Orinda, CA 9• List the expenditures you made on account of this accident or injury: DATE ITEM' AMOUNT Gov. Code Sec. 910:2 provides: "The claim must be signed by the claimant SEND NOTICES T0: (Attorney) or by s person o h' lf." Name and Address of Attorney ROBERT BERG, ESQ. BURAK & BERG Claimant's Signature 1320 Willow Pass . Road #590 Robert Berg, Attorney f r Claimant Concord; CA 94520 Address Telephone No. ( o. (510) 827-9990 Telephone No. e s N O T I C E Section 72 of the Penal Code provides:. - "Every rovides:."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 imprisonrjent and fine. CLAIM 1 BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA March 7, 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 "WarniSol. 4 �F CLAIMANT: Hee Jueong Lim, Justin Moon, Miwon Lee-Park, � 4�5 Heabin Lee and Jun Hyuk Lee ATTORNEY: COUNTY COUNSEL Esra Jung, Esq. Date received MARTINEZCALIF. ADDRESS: 1255 Post Street, Ste. 1025 BY DELIVERY TO CLERK ON February 21, 1995 San Francisco CA 94109 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. February 21 1995 JVIL BATCHELOR, Clerk DATED: ' BppY: Deputy Il. FROM:: County Counsel TO: Clerk of the Board of Supervisors ( u4 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 910.6). ( ) 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 -Z 1 - 5 S BY 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: 1 certify that this is a -true and correct copy of the Board's Order entered in its minutes for this date. net Dated: A7 1995 PHIL BATCHELOR, Clerk, B , 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 16; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: MR m 7 10 BY: PHIL BATCHELOR byb De ut Clerk P y CC: County Counsel County Administrator 2 Kaiser U. Khan, Esq. (CSB# 139929) 3 Esra Jung, Esq. (CSB#152371) RECEIVED' LAW OFFICES OF KHAN & JUNG 4 1 1255 Post Street, Suite 1025 '95 FEB 16 P 1 :01 San Francisco, California 94109 Tel: (415) 928-4342 5 r .r NT n1J (" Attorneys for Claimants: ►'T' ; <; d �;r HEE JUEONG LIM, JUSTIN MOON; MIWON_ LEE-PARK 7 HEABIN LEE & JUN HYUK LEE 8 9 IN THE SUPERIOR COURT OF STATE OF THE CALIFORNIA COUNTY OF CONTRA COSTA 10 11 HEE JUEONG LIM, JUSTIN MOON, ) GOVERNMENTAL TORT MIWON LEE-PARK, HEABIN LEE, ) CLAIM (GOVERNMENT JUN. LEE ) CODE SECTION 910) ) 12 ) 13 Claimants, ) 14 VS. ) 15 CITY OF ANTIOCH, CONTRA COSTA ) COUNTY, ' DEPARTMENT OF PUBLIC ) 16 WORKS, -AND DOES 1-25 ) Governmental Entities ) 17' and Employees ) 18 19 HEE JUEONG LIM, JUSTIN MOON, MI14ON LEE-PARK, HEABIN 20 LEE AND JUN HYUK- LEE make the following GOVERNMENTAL TORT 21 CLAIM: C2 22 A) NAME AND POST OFFICE ADDRESS OF CLAIMANTS: mo, J^m 23 Hee Jueong Lim, Justin Moon, Miwon Lee-Park, Heabin f/J MW— , W=VGO! -�Z 24 oWo Lee and 'Jun H-yuk Lee c/o ESRA JUNG, Law Offices of Khan & O W V - JQdJ 25 Jung, 1255 Post Street, San Francisco, California 94109. VJ V -ate S. Z �o= 26 B) POST OFFICE ADDRESS TO WHICH PERSON PRESENTING CLAIM �d o W l'7 t 27 DESIRES NOTICE TO BE SENT: 28 RECEIVE® ESRA JUNG LAW OFFICES OF KHAN & JUNG FEB 2 11995 CLERK BOARD OF SUPERVISORS CONTRA COSTA CO. 1 2 1255 Post Street, Suite 1025 3 San Francisco, California 94109 4 C) DATE, PLACE AND OTHER CIRCUMSTANCES OF OCCURRENCE: 5 On September 9, 1994 at the intersection of Hillcrest 6 Avenue and Wildflower Drive in the city of Antioch, 7 claimants suffered serious injuries in a motor vehicle 8 accident with another driv:r, Curtis Perry, Jr. This 9 accident occurred in part dur: to the unreasonably dangerous 10 condition of said intersection, to wit: malfunctioning traffic light. The injuries suffered by claimants were 11 12 proximately caused.., by said dangerous condition and said 13 dangerous condition created a reasonably foreseeable risk 14 of the kind of injuries which were sustained by claimants. 15 The Traffic Accident Report relating to this accident .is 16 attached for reference. D) DESCRIPTION OF DAMAGES AS KNOWN AT THE TIME OF 17, 18 PRESENTATION OF CLAIM IS IN DISCOVERY. 19 E. NAMES OF PUBLIC EMPLOYEES CAUSING DAMAGES: 20 The City of Antioch is liable for injuries arising 21 from the dangerous condition of their property. The City _,,, 22 of Antioch and Contra Costa County are responsible for the N O m a JT� negligent actions and inactions of their employees. The 23 W UJh! public Works Department of the City of Antioch and/or the =�— 24 �asoWo --J:!. 25 Works Department of Contra Costa county are _ JF!¢y 2540 CIA� JYJy� 26 responsible for the maintenance of the traffic lights at d _,�;� 27 said intersection. The actual names of the employees of ►-N 28 the City of Antioch and Contra Costa County that are individually responsible for the proper maintenance of the 2 traffic lights at issue in this case are unknown to 3 claimants but are certainly known to the City of Antioch 4 and/or Contra Costa County. 5 F. AMOUNT OF CLAIM INCLUDING BASIS OF COMPUTATION: 6 The amount claimed for each claimant is within the 7 jurisdiction of the Superior Court of the County of Contra $ Costa.a 9 10 LAW OFFICES OF KHAN & JUNG it 12 13 Dated: February 14, 1995 ESRA JUNG 14 Attorney for Cla mants 16 17, lE 19 20 21 _"' 22—N C m O! J�m �Wr 23 co z vim— v 24 u-08..--W w . O W V �mvs 25 t —coca ZZs z Y.Cw� 26 lo.� - �d • o S NuaN 27 F� v 28 sTATtO/CALJFORNIA__....-._.....____.... _ ... .. _.,� '- -: - TI AFFIC COLLISION REPORT_ -_.-.•<' _.._..__._... - :---- PAGN / OF 11PSCLALCONOInCoob. -- -- .NWauIETa-RIw CTp I-..-__._e._.__.�._�_. ._.. �UOICIALDI1TCr LOCAL Repair usam. SLAlR(D FELONY 8 ❑ NLMau HIT RUM COUNTY IL[PORTRNO OlsT111CT aur gLLID Y70. 1 1/ V COLLISION OCCURRED ON LLD. DAY ram TWE(]LOO j NCC S OFFICER L 0. �/llG".P><ST-_�A`/¢'�✓y —w _� 9 / 9 --73-3 -701 AILEPOSrwPORMATIOW '• _ DAVOPW"K .,TOW AWAY PNOTOO(WNi BY: .. = S M T W TSS es.pHa SGT LcGJ.. U FEET/Yl OP /j ATINTERSECTION%m �n�/C ��QUL� �(Z!U .. _ .. .._ _ ErATE Hwr RSL. - __.•- .i^ Elm. iEET/MLEs OF -..- -. - pip. ®Np ,•.... .•. pH10N[ .PARTY Omm"LICENSE NUMBER -! STAT!' CLASS SAFETY VEHL Yam - MAJLE!MOOED COLOR -v .-_. EHa&NUMSER ...STATT C2 L DRIVER:. RrALLE(PiRST.WOOLS.LAST)u,....su.,...�....-�,._..�..-....... ,.,,::.�.-:_-:-- .c..__.... ._.:.•.--.cs.>s..:- - -'r_.�...,...-_. .... ,.. _IEOEi AOORt8[ `„...: ...-•.. _ _ OWNER-i NAY[ pEAYE AS DRIVER PARKED QTYL[TAT=laP-•---_."_._ .-. .. _... _ OV046"ADOAGIW -.-_. BAS AS DRIVER HI . �j,/ •_ VECLa -:I Y �J ;r+ - - 1:;� _� ❑.- -:,�: :_1 oIC.�IY�✓,.ccs cl any. slx� m":i. ares N06Nr wEIOHT - )_:SIRTHOATIL;- RACE- OISPOSITIONOPVWCLEONOROEItiO0t. . FFICEl1 nnORIVER OTNEA.... Cu TEAR. _..._'� _L.1_....�_❑. ❑ 8� X741 'a `°”?/ f7_ --- ___ __ __ -. :. s:.___ — = _ - - OTHER.; . �f+�\Q{Y�.r,y•�[/•.)I•/•1{;0�N1/C.�,.•. -�~N�•t7',j I -sL-`UW-.•l•.E_i-_�:�NON[::;.., ceU_=fr_A�X"_=I._«-�..•a• , PRIOR MECHANICAL D RCTsp- 'NON_[APPmETa,...RRT_o NA_RRATty._:T[; ]_ -. . CHP USE ONLY- - DESCMa[VENtt[OAYAOt- .,,-..• ,.SHADEw DAMAGED AREA- -VEHICLE TYPE 1NSURANCaCARRIER POUCNLa12"I pNONaS.'pYWOR - / pMOC.-�MA.1011`pTD•:AL-- u, - DLR.OR••ON fTit[[7OR NolIWA'F _ - SPEED�PCF-4 1. _ TRA EL. .f' � •-- CNP C3, U[ET PARTY DLaviRHSLICEHts[NUMasR... STAT[ ClJlsi- SAFETY VOL,YEmT- LEAKt/Y t</COLOR aN -y SE NUMBER aTAn e 9Y- / clti+gA F3�1�Pa� t DRIVER NAME CFIRST;WOOLS.LAST)S �• .. --LAY.. �,4_" - ' ..�' 'C!'�` � j• ��.�.A�. � �wr:�tc3�iiL?T:;�rt!'.�,�LC�v' _ .�rv:. r�M.'•ir:_ ►HOES. �. Y f,- / .�....-. e. -.• .•.! OWNERS NAY[ SAM&AS DRIVER . .-. •moi%-•�-.yt..e.iy--- TWAm ❑y G� / f C !6 S'1'�►/!'-"� �•�: -.:t*.'`y .� a^�n^:=? :::cis;3>ary V•.q:;LIF tJ : (' S FARXI:.^.I. MrTCXTAr=I>3►�r�a+ins,...>. = wvl-1 - OMINi11'i ADOR&ia !AM[AS DRIYaR a 9� r•- VEMICL[', ✓cv' _ __a_•.._.' s,..,n J i_. •-..o...�o..-w:- QICT- sax(j NNR I EYES.' ;;r.-TT.. Sl.OATS RACE OISPOWnON OF V[NCLE ON ORDERS Of:.. �OFRCER 0DRIVIR POTHER -• • CAST"` ...Y. .• _ DAY . it" ___._ _ '• _ - � . ..OTNEIL NOPE P sustmass PNONs .. .:,. _ . _ l MON MECHANICAL 0[RCTs: NON[ATYIEMo 7 RERR TO NARIxq--p CHP USEONIr DESGIISE VEHICLE DRYADS SHADE W OAYAGID AREA VOICL[TY►E...-.. pI�IK..-13, pYN011:.,.. ... .. ... wiL/RANCECmRIu .-., POLICYNUMBER - - OWL OP ON STREET OR IIOHWAY -- _'. 'sP£ED FCP vm TWA ---:.. .: ICC❑ �s_ ..:.�,.. _- - - ` �• . PARTY OR/YERS UCaNSE mu M. -- " - w SEIM�^--- STATE V OAK NUMBER.� STATE -3- RI <.: ca . s )t.,_v.71 _.. Aa TSi '�: OV[R NAPE t�RRsr.lEooL&.EASY) i`�. 1 S`V��i7Fa .+ ry.w,...•_~....•� - - .. . FEDE>_ :BEAT AODRa6.i-�_... --- ...._.. ...r .. pBAM[A6 ORWLS TRIAN PARKED CrrT/STATE/23P VENIRE TO: . cl aICY- SER HAIR EYES NExONr WEIGHT SIRTNOATIE LE ON ORDERS OP: /y{'�}O�F_FILER DRIVER POTHER -_ GIST M0. DAY rF ii .;: / ;,.���._% -- / `+a- OTHER YE PHONE sUswa"PHONE . HEOR�.YEC>U1NC/U_DEFECTS: � NOPANT AP-Ap REFR TO NARATTVE p p CNP U*x ONLY DEs..CmA XENCLA Omtomr`�-'r SHAD[w DAYAOID.WEA VENCLA TrPt /+AUR.v.CE CAAPoER PoucrNWSER i UNK PHONE p/aNOR pYOaaMAJOR pTOTAL ]IR OF IN O3TREET OR NHTYOAY sir KF cc'IIA O PUC❑ CHP PREPAAEAY-4 /� DISPATCH NOTIFiEO AEVIEVIER'S NAME JOA TE REVIEWED '/,G��l ❑YES ClNO ❑ WAI f-5,chw 4-I�-q�{ C)jP SSS 0& R (Rev T-S&) ON 042 - " TRAFFIC COLLISION CODING Q PAGE,•� PATI OF 410N .• ,lr.l]YI0) "0""""'�- -.. _ ..i OWNi1CMNAY[/AD011yyi NOTHED- ,r .-r•..:.�. PROPERTY Puma NO DAMAGE ocscmvnoN or OAw" - - SEATING POSITION --- -- w--r -- SAFETY EQUIPMENT,—:,n EJECTED FROM VEHICLE OCCUPANTS L-AIR BAG DEPLOYED �C M4T .•; �.- 0-NOT EJECTED A-NOHEfNVEHICLE -- - ----_-- _ DRIVER _- . .._.._.. /-FULLYBIECTED M-AIR BAG NOT DEPLOYED -._ _ N OTHER B'-UNKNOWN: -- -- '-- - - 2=PARTIALLY EJECTED,; C-UIP BELT USED P-NOT REQUIRED W-.YES 3-UNKNOW N I-DRIVER .--•- :-- 0.-LAP BELT HOT USM 2 3 `L—Er SHOULDER HARNESS USED_-- - 2.TO6-PASSENGERS �---- --PASSENGER 4 5 6 7-STATION WAGON REAR - F-SHOULDER HARNESS NOT USED X-NO 8-REAR OCC-TRKORVAH G=LAP I SHOULDER HARNESS USED O-INVEHICLEUSED- Y-YES --. 0-POSlT10llUNKNOWN.+- H-LAP'/SHOULDERHARNES8 NOT USED_� R-INVEHCLENOT USED. - S.-INVEHCLEUSEUNKNONM"".. 7. 0"=OTHER,.+ -PASSIVE RESTRAINT:USED. •.;a%=-,:. 'T �++. ~• -t:•:3:tEv{,;Y,_y'x'. K-PASSIVE RESTRAINT NOT USED T-IN VEHICLE IMPROPER USE. U-NONE IN VEHK:LE "+ ITEMS MARKED BELOW FOLLOWED BY AN ASTERISK(•)SHOULD Be EXPLAINED IN THE NARRATIVE-- PRIMARY COLLISION FACTOR TRAFFIC CONTROL DEVICES 1 2 3 TYPE OF VEHICLE'. 11213 MOVEMENT 4RECEDING UST NUMBER (a) OF PARTY AT FAULT COLLI^ION AvcSECT19NVIOLATED-. ACONTROLSFUNCTIONNG. APASSENGER-CAR/STATIONWAGON ASTOPPED o21 cj/��' LAS CVL B CONTROLS NOT FUNCTIONING• BPASSENGER CAR W/TRAILER B PROCEEDING LTRAIGHT r._ B OTHERIMPROPER DRIVING-1: CONTROLS OBSCDREO---•-•��-.__ _. __ C MOTORCYCLELSCOOTER. _ RAN OFF ROA". .____. -�_•I _ - D NO CONTROLS PRESENT/FACTOR• D PICKUP OR PANEL TRUCK D MAKING RIGHT;TURN ;- C OTHER THAN DRIVER• TYPE OF COLLISION E PICKUP/PANEL TRUCK W/TRAILER E MAKING LEFT TURN D UNKNOWN-- """��• ' - , TRUCK OR TRUCK TRACTOR— 7 " : F MAKING U TURN . HEaD=oN_:._.._....... _ F _ .. I E .. IB SIDESWIPE GTRUCK/TRUCK TRACTOR W/TRLR. BACKING . r. z--r REAR END. __...._.. _... SCHOOL 8US'•= =:- _ SLOWING/STOPPING•-'='Z WEATHER I.MARKA-TO 2 ITEN ID BROADSIDE- I OTHER BUS I PASSING OTHE 2 VEIICLE_:. ACLEAR. EHITOBJECT: ear .,. ar+r JEMERGENCYVEHICLF_.--_'-_. _.-- ._ ._ :_:. J. CHANGING LANES_.�_..�..-- BCLOUOY `+ F OVERTURNED I IK HIGHWAY CONST.EQUIPMENT KPARKING MANEUVER: CRAIWNG., V :Ar+n 't..1 . 'VEHICLE/PEDESTRIAN- j IL BICYCLE- _ I,ENTERING TRAFFIC:e.:" - SNOWING aOTHER•: I IMOTHERNEHICLF_: OTHER UNSAFE TURNING I E FOG!VISIBILITY'.'. FT. MOTOR VEHICLE INVOLVED.YWAIT14 I IN PEDESTRIAN XING INTO OPPOSING LANE ` FOTHER"_ ^'_"�""�" JA •'_ '`. _ MOPED— •..--- PARKET�=.,:�.�a..�.s G WINO•.,..-c.:,.... ...,:_..:.?:=.... PEDESTRIAN. -. _,.., i _". :, �. �. P MERGING LIGHTING OTHER MOTOR VEHICLE ' - TRAVELING WRONG WAYS.. ' AOAYUGHT t D MOTOR VEHICLE ON OTHER ROADWAY- '. 2 3 OTHER ASSOCIATED FACTORS) -. OTHER• ^t �• _ (MARK1:T02REMS)'.. •.-.r:-=-V,= .. B DUSK-DAWN•-:::_.-'!-�>' CPARKED MOTOR VEHICiF - - o . CDARKrsTTtEETUGH7S:K:a - w; WIFTRAIN^I - -. _.. >ieae++-ty+tc, D DARK '.'-NO STREET LIGHTSBICYCLE -- ❑ro y 'DARKtSTREETLIGHTSNO� vy. AANIMA' veyscnoNvlouTloN: — ,•• _. B --_CMG._ _.:. " WNCilON1NG• Qrm. z:' Q No SOBRIET!-DRUGa �Iv ROADWAY SURFACE FIX G OBJECT,. _ I �t icN wa,-tnpy: D 1 2 3 PHYSICAL 5 A DRY .� r : ,•r:, _ :�.. I we•i...:_x .. �: �i -- .:r.Qras (MARK tTO 2ITE,MS B WET HAD NOT BEEN DRI J OTHER OBJECT: D NKING-- CSNOYW-ICY. --.----• - — -._._--- -- ---- - - B HBO-UNDER i(FLUENCE' D SUPPERY'(MUDOY,OILY,ETC:T - E VISION OBSCUREMENT: IC HBO-NOT UNDER INFLUENCE' _<,, s;r.L•- . F INATTENTION*. ` . ID HBO-IMPAIRMENT UNKNOWN' ROADWAY CONDITION(S)' G STOP i GO TRAFFIC PEDESTRIANS INVOLVED IE UNDER DRUG INFLUENCE _(MARK LTO21TEMS) -- H ENTERING/LEAVING RA A MP NO PEDESTRIAN INVOLVED F IMPAIRMENT-PHYSICAL' I PREVIOUS COLLISION. __.. _ IMPAIRMENT NOT KNOW N •A HOLES.DEEP RUT* ^RCt9SING IN CROSSWALK. UNFAMILIAR WITH ROAD LOOSE MATERIAL ON ROADWAY• AT INTERSECTION' t/0T APPLICABLE• _ B - K DEFECTIVE VEK EQUIP_: . p (�OBSTRUCTION ON ROADWAY - --��G MCROSSWALX-NOT': _ - - Qr�+ I SLEEPY/FATIGUED D CONSTRUCTION-REPAIR ZONE ATINTERSEC710N t -:`-�-- QNO SPECIAL INFORMATION E REDUCED ROADWAY WIDTH D CROSSING-NOT INCROSSWALX L UNINVOLVED VEHICLE I JAHAZARDOUS MATERIAL FLOODED IE IN ROAD-INCLUDES SHOULDER IM OTHER•: G OTHER•: I IF NOT INROAD Q( IN NONE APPARENT H NO UNUSUAL CONDITIONS APPROACHING/LEAVING SCHOOL BUS 10 RUNAWAY VEHICLE -- —...._. . --- SKETCH MISCELLANEOUS -r+o1cA CHP 555 PAGE 2( Rev 1-B)OPI 042 ' -•• SPATE OP CALIFDRNA' INJURED / WITNESSES /PAS WPO�/A,SSE RS ��_j ^'� PACE `� i OATF,OPCOI & ` flu; / + �. NCIGNUMBE/ ^./ .. OFRCER C.- � NUMBER //'J� —/? / EXTENT OF INJURY ("X" ONE) INJURED WAS ( "X" ONE) WINE" PAS�Q.. PARTY SEAT SALTY EJECTED ONLY ONLY ACE SQ NUMBER POS. EOCAP. FATAL SEVERE OTHER VISIBLE COMPWHT "JURYWU7K INJURY OF PAIN,.. DRIVER PASA PED. BlCYCUET OTHER N wy�as Y ADoaE58 TELEPwNE Cim"10 ONLY)TRANSPORTED BY: TAKEN TO: . OESCaIaE WURIEB CCU 7 J sC�f5�.0 �>�G� �� Olr�'�J✓ O Ir/ Gff u x, i - ❑ VICTIM OF VIOLENT CRIME NOTIFIED MAME/0.0.a1 ADDRESS / , TELEPHONE 0 a�Y� �- MQUREO ONLY)TRANSPORTED BY: ' (.-,�q'7 ... .. TAKEN TO: c 1 DESCRIBE WURIES .. _ . t f,--r c or7�Lr9y�� . — /-0,:9 .. - - ❑VICTIM OF VIOLENT CRME NOTIFIEO - Fri- 1 217 NAME/0.0.a/ADDRESS.(INJURED ONLY)ONLY)TRANSPORTED BY: TAKE TO: i OESCRBE WURIES �.. .. ..:_• _ - .. - T _---LAS-,��7 _`aCTIM OF VIOLENT CRIME NOTIFIED ❑ p �1 _p.:.- -❑ . - G ��o. -: TELE ONE NA81F/0.0.0./10DRE53 .. ��:. JNJURED ONLY)TRANSPORTED BY: - TAK CESCRIBE INJURIES Ile j LJl� j ❑ VICTIM OF VIOLENT CRIME NOTIFIED - i cl iNAME ID.0.aJAODAESS TELEPHONE / J. /�-'� � r. -]? - 6 O 4�6 5� !/io'1f/r/ Cl y S �!%� !` �:•.•, / fi S- I5�It) (WURED ONLY)TRANSPORTED BY: TAKEN TO: r"JUR DESCRIBE WUPoES .. .. p VICTIM OF VIOLENTCRIME NOTIRED..... . i IMAM 0.a/ADDRESS-.I DDRESSEPHONE �T)rJ �.� -! 1,4 .;��n2 �a�)gcj�� ,.�r�, -79 - 0?4"ED ONLY)TRANSPORTED BY: n TAKEN TO: • gmbuC rn uv V jOESCR8E INJURIES r (c-Nuc t��� ci'� ,:�/;l/1���% �,� �S'.•��.i1" i ❑ VICTIM OF VIOLENT CAME HCT,RED 1 'PR yiEpS I` j)AY AYEAR REVIEWERS N/W M0. _ ��-�Y YEA CHP 555-Page 3(Rev.7-87) OPI 042 1 T 1 Y 87 43637 STAT[Or tAUnRNIA INJURED / WITNESSES / PASS ERS PARE OS 7eouRaON ,>M[ Nae Q a/ OFFICER CER LD. NUMSEFkF EXTENT OF INJURY("X" ONE) INJURED WAS("X." ONE) PARTY SEAT, SAFM VmTm a ►Asaaaa AOC Su uECTED NWa[R POS. EOURP.. ONLY ONLY FATAL S[V[R[ OTHER VgRBL[ COM►LAIM ORIV[R ►Aaa• P[O. BICtUST OTfI[R INJURY 1lYYRr RLWII' OP PMN NAM[R-0 a R ADDR-a TECEnnoNa 12,f '-2 CGS.eo19�j I t%AO[D ONLY)TRANSPORTED Er: TAKEN TO: TA OEScm"PAJURICS. VICTIM OP VIOLEM CRIME NOTIFlED NAMSJQ.O,& ADDREs:- at J TELE E tJ^ (INJURED ONLY)TRANSraRTED _ - ..TAKEN TO: DfseROB[IQ �� - . .•... .. . ,- .. . - .... - 0 VICTIM Of�IOLENT CRIME NOTD9ED .. NAME R 0.0.[J ADORE" . :-.•.__.. _ .,..., ..-.. ...._- _ TELEPNCi QNJURED ONLY)TRANS"RTED BY:. - - TAKEN TO: .. . DESCRIBE INJURIESVICTI .:,.;/•'i- y - :-•� rro- "�,�,.,Fs r, r � _r - i ._' .. - MOP Y,OIE!lT CRIME NOTIFlED..:._ NAME,D.O.S.R ADDRESS- r c ^-Lu (INJURED ONLY)TRANSPORTED BY: .•---. .. _ TAKEN TO: . DESCRIBE INJURIES �i VICiI P VIOLENT CRIME NOTIFIED TELEP�IE j NAME!0.08!ADDRESS � �,-;* ��^ .. (INJURED ONLY)TRANSPORTED BYL DESCRISEPNURIES - FEL._EASFO - - - r VICTIM OF VIOLENT CRIME WMRED TELEPNONE ONJUAED ONLY)TRANSPORTED BY: �TAKEN TO- DESCRIBE It"URIES - clVICTIM OF VIOLENT CRIME NOTIFIED MQ.•-•� DAY �Y,AR REVIEWERS; E M0. DAY TE/ ZZ '(7 CNP 555-Page 3(Rev. 7-87) OPI 042 37 4353 STATE OF CALIFORNIA - - NARRATIV EISUPPLEMENTAL CHP 556(Rev--7-90)Opt 042 _ - Page— DA IN CCURRENCE TIME(2400) NCIC NUMBER OFFICER I.0_NUMBER NUM5gR 1. •X•ONE X. ONE TYPE SUPPLEMENTAL(•X'APPLlCABLE) Narrative Collision report ❑BA update ❑Fatal ❑Hit and rurt update C3 Supplemental ❑Otfier. ❑Hpmrdous materials School bus ❑Other. CITY/COUNTY/JUDICIAL DIST :' _ REPORTING DIST;!?;O EST. CITATION NUMBER: S LOCATION/SU8JECT STATE HIGHWAY RELATED �oCL/S�oi� o,.jL1�fLau.r/� i ❑Yes' �o 1. o c S Co 4e'111 3. / X911 77 1!—>� 14A/17> 4 5. —,o4l o4 �o 6. 1- 8. .�� a..� Hi(�L��Sf ff�i� i9 nU7 L�.�st r • T.�i�,iN� AP5 1�._ sr�� r� s-' , ►ice<�.�.t� �i�L�EC 14. . . __ __- 7. 15_ 16. 17. ..... 18. 19. 20. J4 r Vii ;'fr'~ e --- - - -- .. 121. 22. 23. �- � �,� STA->��S 5., sC�a9 S [},(fir lJI i.J� qVic 5,y-6 �� r�•J [//'fT' An/rj — 25. C 26. 27. 28. 29. %< T�fq>' / NRS /� r% ��'/ ///�1T GJ N9 30. 31. 'PREPARERS NAME AND I.D.NUMBER CA q' REVIEWER'S NAME !DATE �� 9y i10 I UseUse previous editions until depleted. 90 57541 STATEOF.CACJFORNIA - - MARRATIVE/SUPPLEMENTAL G4P SW,.(Aev T-90)OPI 042 Page DATE OF INCIDENTIOCCURRENCE TIME M-M NCIC NUMBER OFFICER I.D.NUMBER NUMBER ")r OHNE 'X'ONE TYPE SUPPLEMENTAL rX-APPE r-MLE) l�Narrative 2'�Collisiorr report ❑BA update 0 Fatal ❑Hit and run update ❑Supplemental ❑Other. ❑Hazardous materials- 13School bus ❑Other. CITY /JU01CIAL DISTRICT REPORTING DISiAiCT T CITATION NUMBER �o co,-j TPS Cc srr� ��c T� LOCATIO?------. STATE HGHWAY RELATED ,/ v Gam/LD�G'e 4109-e ' . ❑Yes a- No /✓>r ... 2. 7 3. 4. 6. 7. - 8. --C` S4;-4—sr-:7. a - 12. 13_ C C'/ fid"I`r" -5 114. O. .� SGL TJo` ./. ( 7Z'___.__j 1s. 16. 17. 18. YGLii•�G 77o. J, 19. C,�vS o �A��� CAI I,ycolys rT�ti�-- �-�-frr�r�••�' 20. 2'...�.- /�� Tsss'�S �T S ��,,� I've- 22. rk22. / 23. 24. 25. 71 a �� 26_ - 27. C a uNT S, tl' T' r v -7 28. �..�� c�-r-- C0N 4 !29. cI cps�0 I30. 1 - " 31. ! PRF PAREA'S NAME AND I.D.NUMBEAGATE EVi�1NEA S DATE Use previous editions until deplet 90 57W —.4 YO. OLLIOA♦� YR I TI ►�.._ hGOI.O( R _. �O�1C HUY�•�/�I7���7 . ALL MEASUREMENTS ARE APP.RO X7M P.TE A D NOT TO SCALE UNLESS STATED(SCALE - ........ ..... .. Ir.olc ire:. _ I _ �-••ice•►--•--'-- -R..+s-�-....-..�-------.z .—:-:�-T-. .�-.- r 4- 7 - -- -� r �-• - � - .- . . .1 • - •-t'' •�.•--_ 1 — __ ._.-T _ Tom.-...rte-�--_— I, —{ �i.� _ �'." _ ._' . -..tr:rn.�i..y.-1-.r.' :.� I��.}•ti- _-t. 1..k1�, �{..-� /. .Ir ��r c_Y_^� •..�1:'_t.:2si-_•..- - � y .: :..f.._.-. ,4•,r y�y,,1�e-- _ - _ .. t-+,-�.-i-.•- ...M.-..__:'...--",-�r.•-^�,s+.�. .4 �-r -r"-.- .rte---r-. --:.r-;'�'-�--' --- �r �z►.,�.,� .:F''�- �' ---t .-� 1 �......tr,�t-+"'r'{'_'7-T n�.-�-s l-rj'ate--._.--r:1Y-'_'�-;'-*r-� _'.T l 1. I•• �' �'-' _�.. _' . ! ». , •it•ca '-_ �4-t, .y.::�,'•.. •..fi2s�sS._i-:i.V.-1a{e. .t..rt"'ua'•fr _ '.�__^—_'T_•P "-- •.1. 1 w. ... 4V 77VA c -'_- - 0 - — - -o �4- _.._. ,.. . . -_ 2 _ _ ZZ 12 -' j 64 'Q W,ClJr1Q1Q .:::..:..:..q2 Fi�•__�lcie�fi�ictiloe�l.�c��i����G�1��,0�1�:42..:.._:...r�.-:_::-_`�.�.; - ..._ :-`:..: .. O�•n••w I-O. U 1!w O. OAY - w.vl.w Cw'S n,•raH ._. I w•O. OwY vw. CHP 555-Page 4(Rev II-85)OPi 042 CLAIM q BOARD- V,F SUPERVISORS-0i CONTRA COSTA COUNTY, CALIFORNIA March 7, 1995 ` _,.. �. laim Against the County, or District governed by) i BOARD ACTION it Board of Supervisors, Routing Endorseaments, ) NOTICE TO CLAIMANT +d Board Action. All Section references are to ) The copy of this document wailed to You is Your notice of ►lifornia Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Haunt: Unknown Section 913 and 915.4. Please note all •Warnings". CLAIMANT: Janet Maldon .. FE B 13 1995 ATTORNEY: Jody I. LeWitter Date received COUNTY COUNSEL ADDRESS: 1330 Broadway, Suite 1700 BY DELIVERY TO CLERK OH_ Februai"y !R�I� CALIF. Oakland CA 94612 BY !TAIL POSTMARKED: February 7. 199 I. FROM: Clerk of the Board of Supervisors T0: County Counsel Attached is a copy of the above noted claim. February 13, 1995 It BATCHELOR, Clerk DATED: �: Deputy �.._... 11. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) This claim coml ies substantially with Sections 910 and 910.2. (Lot'Yhis claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying Claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). { ) Other: Dated: 1 ` — 1 S7 BY� puty County Counsel III. FROM: Clerk of the Board 70: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present (✓) 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: 7 1995 PHIL BATCHELOR, Clerk, B 1,4 . 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 wail 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 an now, and at all times herein •entioned, have been a citizen of the jnited States, over age 28; and that today I deposited in.the united States Postal Service in 1lartinei, ilifornis, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to K claimant as shown above. ted: 7 BY: PHIL BATCHELOR bpoly Clerk county Counsel � County Administrator OFFICE OF COUNTY COUNSEL DEPUTIES: CONTRA COSTA COUNTY PHILLIP S. ALTHOFF j' 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 14, 1995 VALERIE J. RANCHE DAVID F. SCHMIDT DIANA J. SILVER VICTORIA T. WILLIAMS NOTICE OF INSUFFICIENCY AND/OR NON-ACCEPTANCE OF CLAIM TO: Jody I . LeWitter 1330 Broadway, Ste 1700 Oakland, CA 94612 RE: CLAIM OF: Janet Maldon 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 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. The claim does not identify the exact date on which the claimant alleges she was wrongfully discharged. [] 4 . The claim fails to state the name (s) of the public employee (s) causing the injury, damage, or loss, if known. [] 5 . The claim fails to state whether the amount claimed exceeds ten thousand dollars ($10, 000) . If the claim totals less than ten thousand dollars ($10, 000) , the claim fails to state the amount claimed as of the date of presentation, the estimated amount of any prospective injury, damage or loss so far as known, or the basis of computation of the amount claimed. If the amount claimed exceeds ten thousand dollars ($10, 000) , the claim fails to state whether jurisdiction over the claim would rest in municipal or superior court. (] 6 . The claim is not signed by the claimant or by some person on is behalf . [X] 7 . Other: All written demands for compensation for alleged tortious injury must be treated as a claim under the Government Tort Claims Act. VICTOR J. WESTMAN, County Counsel By: 1 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: February 14, 1995 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) Eggleston,Siegel & LeWitter attorneys at law 1330 Broadway,Suite 1700 Jonathan H. 5legel Oakland,California 94612 of counsel James E. Eggleston (510) 451-9500 Jewel gi Leary, Jody 1. Lewitter FAX, (510) 834-7111 Pamela Allen Deborah(D'vora) Tlrschwell M. Jane Lawhon February 7, 1995 RECEIVED FEB - 81995 Vicki Dawes Deputy County Counsel CLERK BOARD OF SUPERVISORS Contra Costa County CONTRA COSTA CO. 651 Pine Street, 9th Floor County Administration Building Martinez, CA 94553 Re: Maldon v. Contra Costa County . Dear Ms.. Dawes: As you know, I represent Janet Maldon in regard to her claims against the County of Contra .Costa arising out of the termination of her employment . I am aware that you represented the County in the Merit Board hearing before Administrative Law Judge Jerry Mitchell on November 2, 1994 . I am writing not only to follow up from those proceedings, but also to attempt to resolve the remainder of Ms. Maldon' s claims prior to litigation. Thus, this letter is to propose a resolution of the entire matter with the County. If a resolution is not possible, we will proceed with a lawsuit . As a necessary prelude to that we have filed charges of discrimination against the County, Ms. Bito and Ms. Kincaid with the Department of Fair Employment and Housing and the EEOC. The DFEH charges are attached and the EEOC charge will be served upon the County by the EEOC. As I am sure you are aware, the Merit Board does not provide Ms.. Maldon with a full panoply of damages which she is entitled to for pregnancy discrimination under the Fair Employment and Housing Act and Title VII . I am sure you are well aware of the facts, given the hearing which has already occurred. However, as a starting point I will walk through a few of the more important points. Ms . Maldon had been employed by the County for approximately four years. She held various positions as a permanent temporary employee, and prior to her medical records clerk position, which gave rise• to this complaint, she had done excellently. Vicki Dawes February 7, . 1995 Page 2 On December 13, 1993 Ms. Maldon started a permanent temporary position as a medical records clerk in the medical records section of the Contra Costa County Department of Health Services . There her immediate supervisor was Maria Bito, whose supervisor was Michelle Kimmel. In early February of 1993, Ms. Maldon informed Ms. Bito that she was pregnant and that, in fact, she needed to go to a doctor' s appointment on February 22nd. Ms. Bito complained about the doctor' s appointment but allowed her to go to the appointment . Up to that time, no written, oral or other discipline or counseling had been received by Ms. Maldon. Her performance had been perfectly fine. On February 22, 1993, Ms. Maldon' s doctor gave her a note to take to her employer. Ms. Maldon was experiencing muscle strain and cramps. Due to circumstances involving her prior pregnancies, she was considered a high risk pregnancy, and the doctor was rightly concerned that she might suffer from, among other things, toxemia. Ms. Maldon gave the note to Ms. Kimmel, who promised to give it to Ms. Bito. As I understand it, the note which the County had possession of had restrictions for weight lifting but not for climbing. The original note had rest"rictions both for weight lifting and climbing. Apparently, since the copy given to the County was a carbon, the pen mark on the restriction for climbing did not go through. After receiving this note and on March 30, 1993, Ms . Maldon was written up for tardiness. Ms. Maldon' s tardiness was due to morning sickness, and as such, under the Fair Employment and Housing Act and Title VII, it must be reasonable accommodated. Further, after being written up for tardiness, she was never tardy again, and the County took the position at the Merit Board that the decision to terminate her employment was not due to her tardiness. Ms. Maldon continued to be assigned duties which required her to climb. According to her understanding of her doctor' s instructions, she should not be doing any climbing. Any discussion which Ms . Maldon attempted to have with her supervisor, Ms . Bito, was met with the comment that she would be provided "no special privileges. " Thus, being forced to perform job duties which her doctor had told her not to, Ms. Maldon approached her union representative, Jim Hicks. Hicks then called Bito, who claims she was not aware that Maldon' s doctor had ordered any restriction on climbing, and promised that she would follow any such restriction. The plaintiff then provided Bito with a copy of the original visit verification and an additional doctor' s note dated April 4, 1993 . Vicki Dawes February 7, 1995 Page 3 After receiving the phone call from Hicks, and the additional doctor' s notes, Bito made a recommendation to her supervisor, Kimmel, that Ms. Maldon be fired. According to the County, this decision was made solely because Ms . Maldon demonstrated a bad attitude . In actuality, the decision was due to the fact that Ms. Bito did not want to accommodate Ms. Maldon' s reasonable work restrictions and resented Ms. Maldon asking for what she considered to be "special privileges. " This is consistent with Bito' s history of abuse of employees and disdain for the law. (There are numerous employees who have made charges of harassment against Bito, all of which will be supporting evidence in any lawsuit against the County. It is also evidence of notice to the County that Bito was abusive and should have been called into check rather left to abuse Maldon, after she had already abused a number of other employees. ) As you know, Ms. Maldon' s husband came in the day Ms. Maldon was fired to find out why she was fired. Bito and Kimmel consented to meet with him, but wished to have a security officer present . Officer Thomas Wright was called out by Bito and Kimmel and stood guard at the open door, within feet of Bito, Kimmel and Maldon' s husband while they discussed this matter. As the only unbiased witness involved in this situation, Wright testified at the hearing and was believed by Administrative Law Judge Mitchell that Maldon was fired "because she had a bad attitude and wasn' t getting along with her co-workers, and also because she couldn't do the work because she was pregnant . " Bito and Kimmel thus admitted that the firing of Maldon was at least in part motivated by her pregnancy, something they were required to accommodate, not retaliate against . In regard to allegations that Ms. Maldon had a bad attitude, as you know, the witnesses at the hearing refuted this . We believe that in any further court proceedings these claims will be found not to be credible because of Bito' s and Kimmel' s attitude, demeanor, and failure to rely upon actual concrete testimony. Lastly, if this bad attitude was actually a real work concern, Maldon would have been written up for it in the same manner in which she was written up for her tardiness . This was a pretext, not an actual concern. As I am sure you are well aware, under both the Fair Employment and Housing Act and Title VII, if a cause (not the sole cause) of an action taken against an employee is her pregnancy, the action is discriminatory. Mixon v. FEHC (1987) 192 Cal .App.3d 1306, 1317-1318; Watson v. Department of Rehabilitation (1989) 212 Cal .App. 3d 1271, rev. denied; Miller v. Signa Corp. , 65 FEP 268 (3d Cir. 1994) ; Lam v. Univ. of Hawaii F.3d (9th Cir. 1994) . We believe without a doubt that if this matter is not resolved we will have no problem proving to a federal court judge Vicki Dawes February 7, 1995 Page 4. and jury that a cause of the termination of Ms. Maldon' s employment was her pregnancy. The remedies available to Ms. Maldon under the Fair Employment and Housing Act and Title VII are broader than provided by the Merit Protections Board. They include emotional distress, attorneys fees, past and future lost wages, interest, and punitive damages (against the individual actors; as you can see from the attached charges we have filed charges against both Bito and Kimmel and intend to proceed with these also; under state law there is no cap on punitive damages) . This matter will not be resolved solely with the compensation provided by the Merit Board. Although the remedy provided by the board is a start in the right direction, it does not fully or adequately compensate Ms. Maldon for what she has been put through. It is not an adequate remedy, as we understand the County has done, to simply place her somewhere on the job list . In our telephone conversation you indicated that the Merit Board had simply stated that Maldon must be- put "somewhere" on the job list . Ms. Maldon has contacted the County to find out where she is on this list, and was informed that she was currently second on the list . She has not been contacted for any open job, although she has been told that there are open positions. She has contacted the County about these positions but is told she is not high enough on the list for them. She should have been immediately put in a comparable job. Ms. Maldon has lost and continues to lose wages from the date of September 22, 1994 until the present, in the amount of $426 . 80 per week, minus six weeks for maternity leave/disability. She has been diligently looking for a job during her period of unemployment but has been unable to find one. She has been available for work at all times other than her six weeks at the birth of her child. You have wrongfully $1, 035 from the amount you paid her for past wages under the Merit Board findings . Pursuant to both state and federal law, unemployment damages are not to be offset because the wrongdoer (here the County) should not benefit from its wrongdoing. The matter is one between the . plaintiff and the EDD. County of Alameda v. FEHC (1984) 153 Cal .App. 3d 499, 504 ; Ackerman v. Western Electric Co. (N.D. Cal. 1986) 643 F.Supp. 836, aff1d (9th Cir. 1988) 860 F.2d 1514 . ) You have also wrongfully withheld $2, 277 in 'llbenefits" you indicate you have paid to Ms. Maldon and thus have withheld from her Merit Board award, as there is no reason for this subtraction. So far, there is a bill for $3, 330 in attorneys fees to compensate my office for the time spent so far representing'Ms . -Maldon. Vicki Dawes February 71, 1995 Page 5 Emotional distress damages are also clearly warranted. Ms. Maldon has been forced to see a therapist at Kaiser for the first time due to this firing. As one can imagine, it wreaked havoc on her life to be fired when she was pregnant and most needed her wages and employment . In litigation, her Kaiser therapist, as well as her family, will provide compelling testify in regard to her emotional distress. If we proceed to file a lawsuit, we will also be seeking punitive damages against the individuals, which we believe, given the extent of the conduct, ' will be granted. We will also be seeking emotional distress damages for the harassment she incurred while on the .job, including the screaming at her and forcing her to do work which her doctor had stated she should not do. Given Ms. Bito' s conduct, corroborated by numerous witnesses, her pattern of harassment of other employees, the complete failure to do anything about this, and the gut wrenching testimony about her impact upon her .victims, such as Ms. Maldon, we think a jury will compensate her well for this . The demand made by Ms. Maldon is $75, 000, plus reinstatement . If you do not intend to resolve this claim, please recall that the attorneys fees the County will be required to pay my office .for the processing of this case will dwarf the reasonable demand that is set forth here, to say nothing of the fact that it will require your own staff' s and outside counsel' s time and money to deal with this matter (both the pending EEOC charges plus the lawsuit) , including numerous depositions and other legal proceedings to resolve this case in federal district court .' The damages to Ms. Maldon will also only increase. I urge you to realize an error when it has been made and resolve it promptly instead of ignoring and justifying the problem, which will only increase the harm. Further, if you examine the range of jury verdicts in this area, you will see how modest this demand is . Even in Contra Costa County a case involving direct evidence of discrimination can result in a large award (my partner and I tried an age discrimination case in Contra Costa which resulted in the largest reputed employment verdict in the county, $1 . 24 million plus attorneys fees, and found the jury pool to be fair minded and eager to compensate plaintiffs) . This offer is open for two weeks . If due to the County' s procedures there is a good faith interest in seeking to remedy ' You will need outside counsel as there may be a perceived conflict between the County' s, Bito' s, and Kimmel' s positions. In fact, you may need three sets of counsel . Vicki Dawes February 7, 1995 Page 6 this situation but it cannot be done in that time frame, please contact me in regard to this. Very truly yours, Jody I . LeWitter JIL/rb DIST. 65 UAW AFL-CIO CC: Janet Maldon Contra Costa Board of Supervisors NJ Ln Ql) (ri'7 a � d v 6r r�F i1( l'1 11i• v_ y� 01`x.1 'D ? 0 6` VA CIAN NU p© W N v O H �,0� CLAIM 1 4 BOARD OF SUKOyISORS OF CONTRA COSTA COUNTY, CALIFORNIA v . i March 7, 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 Baited 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: $118.38 Section 913 and 915.0. Please note all ®Warnings" M ` CLAIMANT: Ronald E. Marx FE B 15 1995 ATTORNEY: COUNTY COUNSEL Date received MARTINEZCALIF. ADDRESS: 2319 Panoramic Dr. BY DELIVERY TO CLERK ON February 13_ 1995 Concord CA 94520 BY MAIL POSTMARKED: February 11, 1995 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. ll gATCHELOR, Clerk 1 DATED: February 15, 1995 : Deputy 11. FROM: County Counsel TO: Clerk of the Board of Supervisors ( This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other; Dated: 5.—g5' BY: Deputy County Counsel III. FROM: Clerk of the Board 70: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present (X 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. ��p 0 7199 ' Oattd: PHIL BATCHELOR. Clerk, B Deputy Clerk YARNING (Gov. code section 913) subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a Court action on this Claim. See Government Code Section 945.6. rou may seek the advice of an attorney of your choice in connection with this matter. 1f you want to consult It' 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 fnited States, over age IB; and that today I deposited in the United States Postal Service in Martinez, :alifornia, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to :he claimant as shown above. )ated: 7 im BY: PHIL BATCHELOR by puty Clerk :C: County Counsel County Administrator ��� ;, � �. _ :;f � �. •0 �t� + ,�� � .i^. �. rho S, '+,,��`Q. o tl V� 0� l� � +���� � � . y ` 4 � � � � � � � � � � � � � o �.. .�.. ..� -�� �3 � � � � � � � � o � �, � � � � o � '' . � � � � � � 4 � � -_... p ,� �- .,,� y x � 4 as @C v � cra ' Clai- 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. R£: Claim By ) Reserved for Clerk's filing stamp RECEIVED >. ) Against the County of Contra Costa ) FEB 13 1995 District) CLERK BOARD OF SUPERVISORS Fill In name ) CONTRA COSTA CO. The undersigned claimant hereby makes claiminst the County of Contra Costa or the above-named District in the sum of $ J $ and in support of this claim represents as follows: l. When did the damage or injury occur? (Give exact date and hour) Z. Where didthe dnma e or injury cur? (Include city and county) ON �S"u..e+ 711-e ✓ /i'f l��avd /r.,vc i.� die C Of OzVl o/ C�, D Coen s 3. How did the damage or injury occur? (Give full details; use extra paper if required) 7-/r e �'oA�.v t f•-rr4 ?4 WAe-G/ 99' AN19 Ford 4's�re_ y' w _G,� "MAO fit, �e f hole a-p -,OK o vZ f'e�f IA" Dsa,y,ete.� � Scc �'o X �� Ao� a/e� C-s !,v ga.s ��.t�-r`�:v f 7Z e e^-f 4 � �'-4�'•� o.�� l�e �.Q. Gro-.T,co �� < eaSt �w��� �t'a rrloro/ �lU� /� ;��ov o � .Scams Uc-l�•c�. /�cf ------------ 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? 7 GpG e,a a-f /Lfo 1_24V9e/' 7-4,47'_ 7 �p©� 6©/e- Gam' 2-x ;cve�) f f D. wnat are the names of county or district officers, servants or employees causing the ca=�age or in jury? - - -�C� 424--, 7, -------------------- 5. What damage or injuries do you claim resulted? (Give full extent of injuries pr damages claimed. Attach two estimates for auto " e.. _� r �a� $e .� �P`f►�f wtv hsi rr ,p�m a-� e Th <,` � �'� �-�e- yc 4. s All�yar.�- ------------------------------ 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) B. Names and addresses of witnesses doctors and Y�c�pitals. •�' ���ye do OL a It/l Gran'' 6Z"V l r�o p ?b d Ice.;- c2'.6o� - Ivo t ho le rx.rid Gv di ere e 7` G��f 57PC S.P^e o •else 604 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT 1 /2 j/25`/QS i! fvhre�Tro.is r%ark A 8, / 2 Gov. Code Sec. 910:2 provides: ® '* "The claim must be signed by the claimant SEND NOTICES TO: (Attorne ) or by some_person on his behalf." Name and Address of Attorney ,Z e Claimant's Signat Address Telephone No. Telephone No. L l 9 e,..?,7 rf� * * * +tN. 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. r� NFWT Q. UL _ ,+_.:t�1 .�r!fx_=� Si �_�C.t_�•k,�j'i :!5�z.�i:L•�1 i� THIt' �JR�}tib`•• ������" ���f��/"'��� AMS 4 4 2-.]F 31 S1'>LESCHECK 4 OMER;NFORMATION fEHICLE iNFCRMA'ICN E?SvN or-ACNE _-.jlow r El EJ 01 23 C ORLY� - W.F1w E tw F - _ DATE TIME PHONE NO. ASSOC.0 i, CA 945M icens< s 1Fh701 Color :BLUE 9 lone: ( 10)827-1282 fileage In : 43203 Received: L fC �1 lone: 10001000-0000 Ext.0000 ileage Out: li24i95 14:20 INITIAL REVISED aQr ATE1 CW0004233±E NUMBER in No. 59.981 59. M1 '�ulT4c/V TION wised Time: 01i24i95 03:20P *WAITIN6* ocation: R S 90.22T i 89.97T -OMER COMMENTS/REASON FOR BRINGING VEHICLE IN: STORE ADDRESS `'— fEW TIRE ON LOOSE RIM IN TNUNk' PUT ON RF SAVE. RF TIRE ANDRIM 1001 WILLOW PASS RD. (510)246-1990 ILI6M I CONCORD, CA, 94520 EPAACAL000003366 Storelf013e8 MOTOR VEHICLE REPAIR A022648 Jarranty Information 34804 Comes with 40,000 Miles Wearout Coverage The Original Tread Depth is 10/32. Free tire rotation every 5,000 miles. i NOTICE: Applying tires to your vehicle with a lower speed ratlng than the original equipment the on your vehicle is not recommended and may change the handling and performance of the vehicle. Your vehicle should not be operated at speeds in ex- cess of the replacement tire. Customer Initials I understand that All mag wheel lug nuts must be re- torqued after 25 miles and checked periodically. Customer Initials The following-parts and or labor have been installed or performed on your vehicle. itity Stock 4 Parts Description Price Ext Quantity Code Labor Description Tech Price Ext All parts new unless otherwise specified. ------------------------------------------------------------------------------------------------------------------------------------ 1 09584804 TIRE,P165/80I3 SPK6D 40 29.99 29,99 1 19011018 BALANCE, LIFE OF TIRE 5 9.99 9.95 1 55 ALLOWANCE -3.00 -3.00 1 19013014 ALI6NMENT,4-WHEEL 5 49.99 49.99 1 09598723 VALVE,TBLS 2 IN B 3.00 3.00 I I RKS POSITION TIRES AS SHOWN Total Parts : 29.99 RF RR Total labor : 59.98 LF LR { Sa fie-Tax Subtotal: 89.97 Isaction No. Date: Register No. Tot REPLACED PARTS REQUESTED BY CUSTOMER: NO l� -010 NATIONAL Rev 91% CUSTOMER WORK ORDER COPY - NOT A RECEIPT Contains post Consumer F""""""..gemtla1 'See reverse siae for warranty detaiis ®Recycieu Paper GONCCQER10r TO D I SMANTII_ERS ARINOL.D INI) '..) I AL WAY L, 7-'=49 1 ' =-4i9"i :. L _ CUSTOMER _ L H I P T O SALESMAN TYPE OF SALE TAX CODE SHIP VIA r' 9 e rN -1 h + r.; i" :f� GALE rt • • • C0RT 1U--WHEs. Stk#NOF 25. 00 x. 00 Thank you. Ch��rge . 00 Card 1 217. 06 Subtotal c5. 00 Cash . 00 Other, . 00 TAXCA CA 06 Check . 00 Change . 00 Taxable 25. 00 Fart S "5. 00 TOTAL f' Idb IVED BY 3 S rT1 ;Tr o :1 .-� � a f t• m - m I�� rn r z z rrP111 m .3 -4 G7 --4 ,1 r� b cm r-n O S O i� rr-a � a .- L _—-ju j rj -4 - < m c:1 "o 1 I t rn ra =0 as c-1 _ .-� •� I 1 I fry•'1 Ct7 cyn 11 rri 1 1 1 a m d r- C." -D � -i1 r .17 1 { r 1 I CUStotA S coC3 T vWAw`.: _ w s Y A L IN1yUSYRi L 156 It to © 1 ARNGLfl9 -i G pCtD, 5E'� 3 S ' col H CASH SALE P �"_sNip v A page i t tYPEOFSALE t SALE o COUNTER � , r SALESMAN CA$H rJ't kON .y s Y ] RIGS NL 1 s y C t a 8• I? Subt o 7' hank You. 4z Card i -0a �aXable -t,�5ti► tol , Citt-,er •Q►� parts har9p. .>a� Change -"- ash CEi�ED 9Y Gj. 0 d c:2 t - t Z t + t �- t ai PARTS REQ. IS TION CUSTOMER l L DATE MODEL REQ'N REPAIR ORDER DUAN. PART NUMBER DESCRIPTION PRICE AMOUNT o � 3 I� 1 -39 . c3 I I II ENT'D REPAIR ORDER SIGNED FORM SA-502 THE REYNOLDS 6 REYNOLDS CO..CELINA.OHIO LITHO IN U.S.A. CITY OF CONCORD CITY COLNCIL 1950 Parkside Drire Helen M. Allen, Mayor Concord, California 94519-2,578 LOU Rosas,Vice Mayor FAX: (510) 671-3198 Colleen Coll Bill McManigal ® Michael A. Pas[rick .71 o co Lcuue[Deihl, ng.Clerk Telephone: Thomas W'eutlina. City Treasurer - (510) 671-3078 Edward K.James,City Manager February 2, 1995 Ronald E. Marx 2319 Panoramic Drive Concord, California 94520 Dear Mr. Marx: Pursuant to the authority vested in me by the City Council, you are hereby notified that the claim you presented to the City of Concord dated January 26, 1995, pertaining to an incident occurring on January 24, 1995, in an amount of $118.38 is hereby rejected in its entirety. Your claim should be referred to Contra Costa County as this portion of Concord Avenue is the maintenance responsibility of the County. WARNING Subject to certain exceptions, you have only six (6) months from date this notice was personally delivered or deposited in the mail to file a court action on this claim. See Government Code Section 945. 6. This warning does not extend the statute of limitations involving any federal cause of action. You may seek the advice of an attorney of your choice in connection with this matter. If you desire to consult an attorney, you should do so immediately. -" The City of • Concord is a member of the -Contra Cts - �� Muni Risk Management Insurance uthorit Although the claim has been denied, i has also been referred to Risk Management for investigation. Although this referral does not affect the City's denial And your obligations to meet the filing periods set forth above, you may be contacted by a member of the Risk Management hority during the course of .their investigation. Yours very truly, BARBARA YOUNG Casualty Claims Coordinator cc: Contra Costa County Municipal Risk Management Insurance Authority CLAIM ' l BOARD -OF S:IPF,'RVISORS OF CONTRA COSTA COUNTY, CALIFORNIA March 7, 1995 laim Against the County. or District governed by) BOARD ACTION le Board of Supervisors. Routing Endorsements. ) NOTICE TO CLAIMANT ►d Board Action. All Section references are to ) The copy of this document mailed to you is your notice of ilifornis Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Goverment Code 3ount: $409.06 Section 913 and 915.4. Please note all • Arni gs CLAIMANT: Janet L. Markos ATTORNEY: FEB 13 1995 DCOUNTYCOUNSEL Date received MARTINEZ CALIF. 10DRESS: 626 Napa Avenue BY DELIVERY TO CLERK ON February 9, 1995 Rodeo CA 94572 BY MAIL POSTMARKED: February 8. 1995 I. FROM: Clerk of the Board of Supervisors 70: County Counsel Attached is a copy of the above-noted claim. February 13 1995 IL BATCHELOR, Clerk ( �0 DATED: Y �: Deputy II. FROM: County Counsel TO: Clerk of the Board of Supervisors (�This claim complies substantially with Sections 910 and 910.2. { ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying ciaimant. 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: ;2- L/ ` 93 BY: Deputy^ 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). IV. BOARD ORDER: By unanimous vote of the Supervisors present 1 (✓) 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: MR bw 7 V% PHIL BATCHELOR, Clerk, By Deputy Clerk I WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. 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 lnited States, over age 18; and that today 1 deposited in.the United States Postal Service in Martinez, ilifornis, Postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to claimant as shown above. ted: MR o� 7 M " BY: PHIL BATCHELOR b puty Clerk County Counsel County Administrator, a� �av ate, _ . CrJ _ a Cq a� � : G ti N o � 1 Is : Ln1 rim rA Ul 1 y 1 , d 0 � � W O IDr N rn U3 6m LL O u Q a 3000 4t Z Q. ' z � � A CLAIM AGAINST PUBLIC ENTITI RECEIVED FEB - 9 1995 TO: CONTRA COSTA COUNTY, BOARD OF SUPERVISORS i .. 1�60AHD 0�SUPERVISORS T1iuORS!CtE JANET L. MARKOS hereby makes claim against CONTRA COSTA COUNTY and VARONA SANITARY DISTRICT for the sum of $409 . 06 and makes the following statements in support of the claim: 1. Claimant's post office/mailing address is 626 Napa Avenue, Rodeo, California 94572 . 2 . Notices concerning the claim should be sent to JANET L. MARKOS, �624 Napa Avenue, Rodeo, California 94572 . i` 3 . The date and place of the occurrence giving rise to f i this claim is January 9, 1995 in the vicinity of 624 Napa Avenue, Rodeo, California. 4 . The circumstances giving rise to this claim are as follows: Sewer system backed up and overflowed into claimant's sewer line resulting in sewage overflow into claimant' s home causing damage to carpet in family den and one quest bedroom. That same evening the claimant contacted both Contra Costa County Public Works and Varona Sanitary District to identify and resolve the problem; essentially, both entities blamed the other for the overflow. Public Works did not have storm drains cleaned out properly; sewersincapable of handling overflow. 5. Claimant' s injuries are property damage in the amount of $409 . 06. See attached estimates. 6. The names of the public employees causing the claimant' s injuries are unknown. DATED: . February 3 , 1995. i JA L. MARKOS, CLAIMANT j3 m fn 0 Cz E] low C, CD ril -1 El Qz-pj qf C) 7m— 'Q >x 03 0 C12 Du CD o FTI rn 13 VFM-]�.m CD o 0- �q r� �") CD Co --' ITI m 4t �7 ~ co hJ � � ) SAIGE BROTHERS FLOOR COVERING FLOORING Carpet & Vinyl Installation &Repair WORK ORDER/INVOICE 55 Elm Avenue( SAN ANSELyM�O, CA 949p 60 DATE OF ORDER ORDER TAKEN BY LIC. #441790 WORK ORDERED BY PHONE (415) 459-6162 INSTALLATION DATE TO: ❑DAYWORK [1 CONTRACT ❑EXTRA JOB NAME/NO. JOBPHONE INVOICE DATE CUSTOMER ORDER NO. JOB LOCATION QY > DESCRIPTION OF •• ROOM SIZE SO.FT./YDS.FT./YDDESCRIPTION PRICE AMOUNT X I XI 1 Xi 1 XI 1 X X TOTAL MATERIALS ADDITIONAL MATERIALS A .UNT LABOR HRS. RATE AMOUNT PADDING ADHESIVE I � 1 > MOLDING 1 TOTAL ; TOTAL MISCELLANEOUS CHARGES AMOUNT RECAP AMOUNT FURNITURE REMOVAL PIECES @ $ ; TOTAL MATERIALS APPLIANCE REMOVALPIECES @ $ ; TOTAL LABOR OLD FLOORING REMOVAL TOTAL ADDITIONAL MATERIALS 1 FLOORING INSTALLATION TOTAL MISCELLANEOUS CHARGES SUB-TOTAL 1 TRAVELMILES @ $ TAX DELIVERY CHARGE ; LESS DEPOSIT TOTAL BALANCE DUE ;Oo Q OUR INSTALLERS ARE NOT RESPONSIBLE FOR: Breakables not removed from rooms,exposed pipes,removing pipes,removing plumbing fixtures,or cutting doors. I hereby acknowledge the satisfactory completion of the above described work. Thank You SIGNATURE DATE PRODUCT 6550A 3®�mr Omenn.Mass 01471 To Over PHONE TOLL FREE I-800-225-6380 I C & M Chem-Dry nor P_a- Box 1 233 Benicia, CA 914510 as -724- 1261 -770-4006 INFORMATION 1/25/95 1 :30 PM-2:30 P`i INVOICE 5811 INFORMATIONINVOICE DATE CUSTOMER 3625 Jan tlarkos .Jan hlarkos 524 Napa Av 624 Napa Av Rodeo,CA Rodeo,CA Ph1 :-799-5919 Ph 1 :-799-5919 i TOSS STREET: I )B DESCRIPTION: i PURCHASE ORDER NO. •' MISCELLANEOUS #)TY.ORDERED SERVICE I.D. DESCRIPTION UNIT PRICE EXTENSION T6j�s ry L C/� 4t i�i� l' ��✓1� �J t 7�� /b L/ as 7 � Ll C -11- u 50 = Z7—. re-Existing Conditions: • SALES TAX aid Check# eferral Phone ( ) bove work was completed to my satisfaction: ignature: X *TAX: Y=YES, N=NO P071 CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA March 7, 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: $5,000,000.00 Section 913 and 915.4. Please note all "Warnings". r_.. CLAIMANT: Edward & Kathleen O'Donovan ATTORNEY: _ FEBd -3", Date received COUNTYCOUN&SFL. ADDRESS: 1845 North Fifth Street BY DELIVERY TO CLERK ON February 17, iNez cRliF. Concord CA 94519 BY MAIL POSTMARKED: February_16, 1995 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. February 17, 1995 BPpHHIL BAATCHELOR, Clerk DATED: Y: D puty I, I1. FROM: County Counsel TO: Clerk of the Boad 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 claimlon ground that it was filed late and send warning of claimant's right to apply for leave to presentla late claim (Section 911.3). i ( ) Other: I I Dated: OZ " �7 — g S 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 ( V1 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. ppDD , I � Dated: NAR Io 7 19% PHIL BATCHELOR, Clerk, By " Deputy Clerk II 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 i-n 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: OR ® 7 BY: PHIL BATCHELOR by 2LJ&Deputy Clerk CC: County Counsel County Administrator RECEIVED - FEB 17 1995 CLAIM AGAINST COUNTY OF CONTRA COSTA CLERK BOARD OF SliPE RVISOR$ C01N T`A COST,CO. (a) NAME AND ADDRESS OF CLAIMANTS : Edward O'Donovan and Kathleen O'Donovan Address : 1845 North Fifth Street Concord, California 94519 (b) SEND ALL NOTICES TO: Edward and Kathleen O'Donovan 1845 North Fifth Street Concord, California 94519 Telephone : 510/680-7529 (c) DATE OF OCCURRENCE: August 20, 1994 (d) PLACE OF OCCURRENCE: On or near the Jersey Island Bridge, together with its appurtenances and frontage roads, and surrounding waterway area commonly known as Dutch Slough, as said bridge and roadway cross Dutch Slough on Jersey Island Road in unincorporated Contra Costa County, California. I (e) CIRCUMSTANCES OF OCCURRENCE: IE This wrongful death claim arises from an accident in which the decedent, Edward James O'Donovan,JIJr. , the 17 year old son of the claimants, drowned after diving into the water from the Jersey Island Bridge utilizing a structure of the bridge known to the public entity to serve as a diving platform for individuals wishing to gain entry into Dutch Slough. The Jersey Island Bridge is routinely used by minors such asjthe decedent to gain access to the Dutch Slough waterway below said ) ridge . At the time of the occurrence thepublic entity that owned, main- tained, and/or controlled the Jersey Island Bridge, roadway, appur- tenances, adjacent waterway knownlas Dutch Slough, and levee road- ways had actual and/or constructive notice of the dangerous condi- tion of the public property a sufficient time before the injury occurred to have taken reasonableitto protect against such injury and death. At the time of the injury the public entity failed to guard or warn of the known dangerous conditions existing both on the Jersey Island Bridge, the appurtenances, the adjacent levee roadways, as well as the adjacent waterway known as Dutch Slough, in that the waterway was subject to severe cross-currents and constitu- ted a hidden "trap" to members of the public such as the decedent James O' Donovan, Jr. The death of Edward James O'Donovan, Jr. was proximately and legally caused by the dangerous condition, and the kind of injury and death that occurred was reasonably foreseeable as a consequence of the dangerous condition described above . At the time of the occurrence the decedent was not trespassing and was killed as a direct and proximate result of the dangerous condition of the public property which was not reasonably apparent to and would not have been anticipated by a mature, reasonable person using said property with due care . The dangerous condition which existed created a substantial and unreasonable risk of death or serious bodily harm when used with due care and in a foreseeable manner. On the date of the occurrence, decedent was using the bridge and Dutch Slough with due care and in a manner known to the public entity. Decedent ' s death was a foreseeable consequence of his activity. The public entity had actual knowledge of the condition and either actual or constructive notice of its dangerous character a suf- ficient time before the death occurred to have taken protective measures . The governmental entity had notice of these conditions referenced above and failed to warn of these conditions and failed to correct said conditions by measures which include but are not limited to posting signs, adequate fencing and other safety measures . Claimants reserve the right to amend this claim upon discovery of additional information. (f) GENERAL DESCRIPTION OF INJURY, DAMAGE OR LOSS INCURRED: Wrongful death of claimant Edward O'Donovan and Kathleen O'Donovan' s 17 year old son, Edward James O'Donovan, Jr. (g) AMOUNT OF CLAIM AND BASIS FOR COMPUTATION: General damages : Five million dollars ($5, 000, 000 . 00) Special damages : Loss of services of son in excess of $500, 000 . 00 . Funeral and burial expenses in excess of $5, 000 . 00 . Interest as allowed by law, as well as attorneys ' fees as allowed by law. All other damages enumerated in BAJI 14 . 52, CCP Sections 376 and 377 dealing with wrongful death actions . (h) JURISDICTION: Superior Court of the State of California We declare under penalty of perjury that the above is true and correct . r Dated: February 16, 1995 EDWARD O'DONOVAN r Dated: February 16, 1995 KATHLEEN O'DONOVAN Receipt of a copy of the within claim is hereby acknowledged this day of MEA D FEB 171995 CLERK BOARD OF SUPERVISORS CONTRA COS,A CO. � jm station: cases\odonovan.cl -2- EDWARD & KATHLEEN O'DONOVAN 1845 North Fifth Street Concord, California 94519 February 16, 1995 Clerk of the Board of Supervisors County of Contra Costa 651 Pine Street Martinez, California 94553 Re : Claim against the County of Contra Costa: Wrongful death of Edward James O'Donovan, Jr. i Dear Clerk of the Board: j i Please find enclosed a Claim on behalf of Edward and Kathleen O' Donovan. Please acknowledge receipt of this claim and return to us in the enclosed self-addressed, stamped envelope at your earliest convenience . ,' Thank you for your prompt attention to this request . Sincerely, 1 Edward O' n- an Kathleen O' Donovan Enclosures r a , 1 1� �^'''� ';� J 6} IJ •'t:,f ..` ..�.�. r- 1 1 L, 1 e�3 Gs zo a U� a Y �-r 04 r� 44 rn �""� !s �U im 1"' Q' 0 j6A ru P Q) MW n U �4 aria d7 w c N w a � � { Ln t3 r -PP4 it N 0 �-+ �4 a L F� r N ^` a (� O r-A4 � u'S t CLAIM �. BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA March 7, 1995 Claim- Against the County, or District governed by) t. 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: $110.00 + Section 913 and 915.4. Please note all "Warnings". CLAIMANT: Michael Rogers , ATTORNEY — FEB 17 1995 Date received Ca TYC®UNSEL ADDRESS: 501 West 10th St BY DELIVERY TO CLERK ON February 16, lea TINEzcAL.,;; Antioch CA 94509-1653 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. I .. p IL BATCHELOR, Clerk DATED: February 17, 1995 1 Il. FROM: County Counsel TO: Clerk of the Board of Supervisors { his claim complies substantially with Sections 910 and 9110.2. ( ) 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: I Dated: — 1 7- ri 9 BY: I Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors[present (" ) This Claim is rejected in full. ( ) Other: E I I certify that this is a -true and correct copy of the Board's Order entered in its minutes for this date. ' Dated: MAR 71995 PHIL BATCHELOR, Clerk, By ,per, 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.a Dated: `0 IS BY: PHIL BATCHELOR byJ� Deputy Clerk CC: County Counsel County Administrator r r r r Q•�n tY s � O 0 MLn {"a� %. ca N .+ O N O t CD V 0 C4 `L LCs ++ 1-0 s L' O O a' N U Q E oV O U Z to y 9 Occ vn ( ++ s- Cla; to,: BOAPD OF <RMERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT A. Cla;L.s relating to causes of action for death or for injury to person or to per- sonal property or growing crops and which accrue on or before December 31, 1987, must be presented not later than the 100th day after the accrual of the cause of 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 It RE: Claim By ) Reserved for Clerk's filing stamp Ell ) i RECEIVE® Against the County of Contra Costa ) or FEB 16 199, CC KWU, District) CLERK BOARD OF SUPERVISORS Fill in name ) CONTRA COSTA CO. The undersigned claimant hereby makes claim g%ns the County of Contra Costa or the above-named District in the sum of $ 7A 4S V+Sn in support of this claim represents as follows: �J oF-9 1. When did the damage or injury occur? (Give exact date and hour) 2. Where did th •damage o-injury occur? (Include city and county) I 4if ` Iq 15Q I-W Ed I _S ----------- 3. How did the damage or injury occur? (Give full details; use extra paper if required) 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? V, C)tj E o� 1 Ns C4 6A�'(oiv c-v o cv Nn e m b e vs -d er E 4 o A/, 6�_o L(g +k e W i U i N -4 n `�'� �p�tV�c,t a vY s'�S "E w� 0 0 f lw6 - o Ir0 o w►_9 Cv C •U6 's IV0+ het VN y `- S oL,N S o crs 4,0 Ot 0���pc�c P o I Y w n Lv- J Wt( �Cver) -seri ovs q (PVoW em a+ 4V 4 40 W+ k141/406 .seoov-s (..-i D vtLiol i(V ,3 ��� .: e the names of county or district officers, servants or employees causing �a.a�-ge or injury. Q V PSS eAA� C)`1�V A�A U P 5. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. ( z � t �) . 3 Yo J, 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) is eJ. 3. Names and addresses of witnesses, doctors and 'hospitals. R- �k I 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT 3 Gov. Code Sec. 910:2 provides: "The claim must be signed by the claimant SEND NOTICES TO: (Attorne .) ""' orby some person on his behalf." Name and Address of Attorney Cor C*Up,vp � 4-mv. 5 Claimants Si ture Address 6w q Telephone No. � 0 L?94—C)16 4' Telephone No. �0 * :t 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. f CLAIM C� BOARD OF .SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA < 1 March 7, 1995 lain Against the County, Or District governed by) , BOARD ACTION it Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT Id Bard Action. All Section references are to ) The copy of this document mailed to you is your notice of slifornie Government Codes. ) the action U ken on your claim by the Board of Supervisors (paragraph IV below), given pursuant to 6overno nt Code mount: .$100+ 000.00 Section 913 and 415.4. Please note all •Yarnings". TM h CLAIMANT: Nancy Sherwood 4 ` ATTORNEY: "j 5 Date received COUNTYCOUNsEL ADDRESS: 412 Read Drive BY DELIVERY TO CLERK ON February 14, INEzcau�. Lafayette, CA 94549 BY NAIL POSTMARKED: Hand Delivered 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. gA DATED: February 15, 1995 �IL; DeputyTCHELORi , Clerk 11. FROM: County Counsel TO: Clerk of the Board of Supervisors ( L-This claim complies substantially with Sections 910 and 9110.2. ( ) 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 910.60. ( ) 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, late claim (Section 911.3). ( ) Other: �ff I � ff Dated: Cl?— i S ^ S BY: f _Deputy County Counsel II). 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 I certify that this is a true and correct copy of the Bond's Order entered in its minutes for this date. Dated: PHIL BATCHELOR, Clerk, 6y ' , Deputy Clerk if VARNIN6 (Gov. code sectio 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the nail to file a court action on this claim. See Goverment Code Section 945.6. rou uay seek the advice of an attorney of your choice in connection with this utter. 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 ■r;iiW*d, have been a citizen of the United States, over age 18; and that today 1 deposited in.the United States Postal Service in Martinez, 'elifornia, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to ►e claimant as shown above. :tea: ? 10 � BY: PHIL BATCHELOR b puty Clerk Lounty Counsel County Administrator Clair: to: BOARD OF SUPERVISORS OF,CONTRA COSTA COUNTY INSTRUCTIONS �O 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 tie 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. BE: Claim By ) Reserved for Clerk's filing stamp RECEIVE® 'Al bt*hqr-CobntTy—of Contra Costa ) 41 or ) lCLERK GOA D OF SUPERVISORS District) _CONTRA COSTA CIO. Fill in name )� e2 R�-0QA_� Cc�V._ The undersigned claimant hereby makes claim agaithe County of Contra-Costa or the above-named District in the sum of $ and in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact date and hour) M 2. did the damage or injury occur? (Include city and county) 3. How did the g or iniqrPocca Give full detail' ; u extra per i ,.,requ•red 4. What particular act or omission on the part of county or district officerss , servants or employee ca the injury or damag . n,, �. wnat are the names of county or distridt officers, servants or employees causing the tamlgle- or Injury? 4 5. What damage�or injurie o you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. 7• How was the amount claimed above comp ted? (I a unto any prospective injury or damage.) Nom' t- 8. n4ams :"d7resses of witnesses, doctors and hospitals. -IO V I 9. List the expenditures yo made on account of this accident or injury: DATE ITEM AMOUNT Gov. Code Sec. 910:2 provides: "The claim must be signed by the claimant SEND NOTICES TO: (Attorney) or by some person on is behalf." Name and Address of Attorney j 16 a is Signature Ad s /41 Telephone No. Tele phon( N 1 * * * * * * * * * * * N O T I C E -Sv,P4--(�\oVk, Cilk C\S�: 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 imprisonm. nt and fine. t�. CLAIM q BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIF March j March 7, 1995 _ Claim Against the County. or District governed by) MDTIC£ TO CLAIMANT BOARD ACTION the Board of Supervisors, Routing Endorsements, ) 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 •Warnings"., CLAIMANT: State of California FEB ? CL}Cg ATTORNEY: David W. HamiltonS Date received COUNTY GC►Jf4�SC"@� Deputy Attorney General February 9 1 iTINEZ CALIF. ADDRESS: 2101 Webster St. , 12th Floor BY DELIVERY TO CLERK ON y Oakland CA 94612-3049 February 8, 1995 BY KAII POSTMARKED- 1. FROM: Clerk of the Board of Supervisors TO. County Counsel Attached is a copy of the above-noted claim. - jLATCHELOR. Clerk � �, � ` �� DATED: February 13, 1995 : puty,"„r,,—�, 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: "t 8Y• 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). IV. BOARD ORDER: By unanimous vote of the Supervisors present (✓) This Claim is rejected in full. 1 n ( ) Other: r 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 III s Deputy Clerk VARNING (Gov. code section 913) ;ubject to certain exceptions. you have only six (6) months from the date this notice was personally served or leposited in the mail to file a court action on this claim. See Government Code Section 945.6, fou may Seek the advice of an attorney of your choice in connection with this matter. If you want to consult in attorney, you should do So immediately. AFFIDAVIT OF MAILING declare under penalty of perjury that I am now, and at all tithes herein mentioned, have been i Citizen of the lnited States, over age 18; and that today I deposited in the united States Postal Service in Martinez, ;alifornia, postage fully prepaid a certified copy of this Board Order and notice to Claimant, addressed to :he claimant as Shown above. _ isted: '7 BY: PHIL BATCHELOR by AiL, Deputy Clerk T: roomy Counsel County Administrator Claim to: wAn OF SUPERVISORS OF Coma CO3TA Com= MMUCTIONS M C.AI?Wn 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 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, 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 6911.2.) 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 TO_FM BE: Claim By ) Reserved for Clerk's filing stamp State of California ) BE -1ED Against the County of Contra Costa ) iFEB - 9 1995 or ) District) of CLERK Ra�RD S'jaC-Rv;S®Rs (Fill in name ) 1 CONTRA case CO. The undersigned claimant hereby makes claim againstthe County of Contra Costa or the above-named District in the sum of $ unknown _I and in support of this claim represents as follows: Jurisdiction over claim rests in Superior Court 1. When did the damage or injury occur? (Give exact date and hour) December 23, 1993 (state served with plaintiffs' Icomplaint October 7, 1994, which is accrual date pursuant to Gov. Code, S 901.) AMM-M �Yr�-M 2. Where did the damage or injury occur? (Include city and county) Byron Highway at the California Aqueduct in Contra Costa County. w-w 3. How How did the damage or injury occur? (Give !till details; use extra paper if required) Automobile accident in which plaintiffs' decedent, Joshua Greiman, was killed on December 23, 1993. ..�ww------w---w---- w-�w�r--w_ ---w-�-w- 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? Failure by County to maintain rc%a3way surface. Plaintiffs filed suit for wrongful death against County and State (see Ex. A) . County owes State contractual and equitable indemnity pursuant to Sept. 7, 1965 Agreement (see Ex..B) . (over) It 5. What are the $names of county or district officers, servants or employees causing the;damage' or injury—T- Unknown 'at this_ time. 5. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. Wrongful death damages claimed by plaintiffs, for which County owes indemnity to State. 7. Hoa was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) According to plaintiffs' damages claimed against the State of California. B. Names and addresses of Witnesses, doctors and hospitals. Unknown at this time. 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT I None at the present time I Gov. Code Sec. 910.2 provides: "The claim must be signed by the claimant SEND NOTICES TO: (Attorney) or bv some Derson on his behalf." Name and Address of Attorney /, / David W. Hamilton4/W Deputy Attorney General (ClOmnV3 Signature 2101 Webster St. , 12th Floor Oakland, CA 94612-3049 2101 Webster St. , 12th Floor Address Oakland, CA 94612-3049 Telephone No. (510) 286-4154 Telephone No. (510) 286-4154 ! a r a s s s _ _ _ _ _ _ _ Ir : f a s Z a 2 a : . 0 v i ! W- N 0 T I C E.NOTICE. Section 72 of the Penal Code provides: "Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, city or district board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is punishable either by imprisonment in the county jail for a period of not more than one year, by a fine of not exceeding one thousand ($1,000), or by both such imprisonment and fine, or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars ($109000, or by both such imprisonment and fine. IV( :. SUMMONS 1 . (CITACION JUDICIAL; ( FQR Cot itT USE ofty 00 0 PARA trtSo DE LA CCRTE) NOTICE TO DEFENDANT: (Avlso a Acusado) STATE OF CALIFORNIA, a public entity; DEPARTMENT OF WATER RESOURCES, a public entity; COUNTY OF CONTRA COSTA, a political subdivision of the State of California; DOES 1 to 35; ROES 1 to 15 YOU ARE BEING SUED BY PLAINTIFF. (A Ud.le esta demandando) PATRICK G. GREIMAN and JANE M. GREIMAN You have 30 CALENDAR DAYS atter this sum. Dospuix de quo to entreguen este citacldn Judicial usted mans Is served on you to file a typewritten re- tiane on plaza d*30 DIAS CALENDARIOS pars presontar sponse at this court, one respuasta ascrita a miquina an est& coria. A letter or phone call will not protect you; your Una carte o wens Hamada t*letdnlc& no Is otr*cari typewritten response must be in proper legal protoccidn; so respuasta escrHa a srdquina Ilene quo form if you want the court to hear your case. cumplir con las tormaiidades lega/as spropladas al mated If you do not file your response on time,you may qulere qua Is Corte escucho am c:so. lose the case, and your wages, money and pro- Sl usted no presents so raspuast&a ttempo,puede porder perty may be taken without further warning Pram Weaso.ylepuadenqultarsusolaria.sodlneroyotrascosas the court do so propledad sin syiso adicional par part*do is carte. There are other legal requirements. You may Existen otros requisites!*gales.Pude qua mated quiera want to call an attomey right away. If you do not Hamar a on aaogado inmedistam*nto.Si no Conoco a on know an attomey, you may call an attomey refer- aaogado, puede Hamer a on Serwlclo do rateroncia de ral service or a legal aid office(hated in the phone abogados o a on&oticina d*ayuds legal(re&*1 dir*ctorio book). telotdnico). CASE NUMBER O*mwo del Caso) The name and address of the court is (El nombreydireoci6n de la aerie es) m SUPERIOR COURT OF CALIFORNIA COUNTY OF CONTRA COSTA Contra Costa County Courthouse 725 Court Street Martinez, California 94553 The name, address, and telephone number of plaintiff's attorney,or plaintiff without an attorney,is: (Et nonve.is direcci6n yei numern de tel6for)o oral aaogado del dentandante,o del demandante qw no tone abogado,es) (415) 391-3700 LAW OFFICES OF STANLEY J. BELL Two Transamerica Center 505 Sansome Street, 18th Floor San Francisco, California 94111 DATE- SEP 2 3 1994 ,,,_�.,��, Clerk,by M.TALLEY ,Deputy .. Ftrcn•) ,r I _.. 1. ..Y;;t fAotwrlo) - Osaeygy tsEAu '— NOTICE TO THE PERSON SERVED: You are served 1. Q as an Individual defendant. 2. G7 as the person sued under the fictitious name of(specify); & [3 on behalf of(specify): STATE OF CALIFORNIA under: Q CCP 416.10(corporation) Q CCP 416.60(minor) Q CCP 416.20(defunct corporation) Q CCP 416.70(conservatee) Q CCP 416.40(association or partnership) Q CCP 416.90(individual) ® other: a public entity 4. Q. by personal delivery on(date): FoM Adopted by RUI.902 Judicial CounW of C Womia OM nvn•for Proof of service) � h., A*,=-.-- 902(a)(9)(Rev.January 1.1984) SUMMONS IBI - VEY OR PARTY WITHOUT ATTORNEY IEANDADDRESS): (415) 381_3700 siHONE: FOR COURT USE ONLY ley.J. Bell, Esq.' $23191 •_.4-OFFICES OF' STANLEY •J. BELL f Two Transamerica Center 505 Sansome Street, 18th Floor, San Francisco, California 94111Ll� 2 �:r ATTORNEY FOR(NAME). Plaintiffs Insert name of caun.luaiciat rsistnet or branch court. it any.and post CR SUPERIOR COURT OF CALIFORNIA "=MULE 5) S.L. vvDP C"E!13►Y Clc-rh COUNTY OF CONTRA COSTA THIS CASE IS IGNED TO By . DEPT. ��•��-��;�-'-- Contra Costa County Courthouse AND COMES 725 Court Street UNC R GOVERNMENT CODE 68600 Martinez California 94553 - PLAINTIFF: PATRICK G. GREIMAN and JANE M. GREIMAN DEFENDANT: STATE OF CALIFORNIA, a public entity; DEPARTMEN OF WATER RESOURCES, a public entity; COUNTY OF CONTRA COSTA, a political subdivision of the State of California; M DOES t TO �fi-1 tt{ S 1 to 15 COMPLAINT-Personal Injury,Property Damage,Wrongful Death CASE NUMBER: C�MOTOR VEHICLE ®OTHER(specify). Premises Liability M Property Damage M Wntngfui Death Personal injury Q Other Damages(specify): C 94 - 04218 - L 4 " 04218 - I. This pleading,including attachments and exhibits,consists of the following number of pages: Five 2 a Each plaintiff named above Is a competent adult EM Except plaintiff(name): Q a corporation qualified to do business in California M an unincorporated entity(dewribe). Q a public entity(describe) (=a minor Q an adult Q for whom a guardian or conservator of the estate or a guardian ad litem has been appointed M other(specify): IZJ other(specify): M Except plaintiff(name): Cl a corporation qualified to do business in California' C}an unincorporated entity(describe): Q a public entity O Q a minor Q an adult r for whom a guardian or conservator of the estate or a guardian ad!item has been appointed C1 other(specify): D other(specify): b. Plaintiff(name). Is doing business under the fictitious name of(specify). and has complied with the fictitious business name laws. c. Q information about additional plaintiffs who are not competent adults is shown in Complaint- Attachment 2c. (Contlnued) Form Approves by the .i Effect council ay i.itamia COMPLAINT- Personal Injury,Property Damage, 51 Effsc�7vs.Isnuary i,tse¢ th aula9ez.t(t) Wrongful Deo CCP 425.12 SNORT TITLE: CAX NUMBER; REIMAN v SOC, et al. , COMPLAINT-Personal injury,Property Damage, Wrongful Death �a9, 3 a: Each defendant named above Is a natural person ® Except defendant(name): ® Except defendant(name): STATE OF CALIFORNIA DEPARTMENT OF WATER RESOURCES M a business organization,form unknown Q a business organization,form uknown Q a corporation Q a corporation Q an unincorporated entity(describe): Q an unincorporated entity(describe): Q a public entity(describe): ®a public entity(describe): Q other(specify): Q other(specify): ® Except defendant(name): Q Except defendant(name): COUNTY OF CONTRA COSTA Q a business organization,form unknown Q a business organization, form unknown 'Q a corporation Q a corporation Q an unincorporated entity(describe): Q an unincorporated entity(describe): (� a public entity(describe): political Q a public entity(describe): subdivision of the SOC [] other(specUy): Q other(specify): b. The true names and capacities of defendants sued as Does are unknown to plaintiff. c. Q information about additional defendants who are not natural persons is contained in Complaint- Attachment 3c. cL ($j Defendants who are}olned pursuant to Code of Civil Procedure section 382 are(names): ROES 1 to 15 A. Plaintiff is required to comply with a claims statute,and a..® plaintiff has complied with applicable claims statutes,or b. 0 plaintiff is excused from complying because(specify): i 5. This court is the proper court because [= at least one defendant now resides in its jurisdictional area. Q the principal place of business of a corporation or unincorporated association is In its jursidictional area. ($] Injury to person or damage to personal property occurred In its jurisdictional area. Q other(specify): 8 Q The following paragraphs of this complaint are alleged on Information and belief(specify paragraph numbersk -� (Continued) Page rwo :s •f TITLE * CM NUMBER: .�etEIMAN v. sae, et al. , COMPLAINT-Personal Injury,Property Damage,Wrongful Death(Continued) P11911 WIN 7. EM The damages claimed for wrongful death and the relationships of plaintiff to the deceased are Q listed in Complaint—Attachment 7 ®as follows PATRICK G. GREIMAN- Father JANE M. GREIMAN - Mother Plaintiffs seek general damages for the loss of care, comfort, companionship, society and support of JOSHUA J. GREIMAN, deceased, and funeral and burial. expenses. & Plaintiff has suffered Q wage loss C7 loss of use of property Q hospital and medical expenses Ca general damage Q property damage M loss of earning capacity. Q other damage(specify): 9. Relief sought in this complaint is within the jurisdiction of this court. 10. PLAINTIFF PRAYS For judgment for costs of suit; for such relief as is fair, just, and equitable; and for Q compensatory damages ($I (superior Court)according to proof. M (Municipal and Justice Court)in the amount of$ Q other(specify): 11. The following causes of action are attached and the statements above apply to each: (Each com WWntmusttum one or more causes of ac6on attached) — ! Q Motor Vehicle Q General Negligence , Q Intentional Tort Q Products Liability .r [BSI Premises Liability Q Other(specify): LAW OFFICES OF STANLEY J. BELL $t;alnley..J• . BelI . . . . . . . . t1YPa or print name} t or attotnay} 51 COMPLAINT-Personal Injury,Property Damage, va9etrim RU16982-1(1)(cont•d) Wrongful Death(Continued) ccp,25.+2Y- .r TITLE { CASE NUMBER: ,,REIMAN v. SOC, et Al.", . FIRST CAUSE OF ACTION• Premises Liability Page Four ATTACHMENT TO ®complaint Q Cross-Complaint hese a seloarate cause of action form for each cause of actbnJ Prem.L-i. Plaintiff(name).All Plaintiffs alleges that the acts of defendants were the legal(proximate)cause of damages to plaintiff. On(date):December 23f, 1993 plaintiff was injured on the following premises In the following fashion(descrtptbn of premises and clnaanstances of inARY): on J=4 (Byron Highway) , at the California Aqueduct in the County of Contra Costa, State of California: See Attachment to Premises Liability PR L-1 Prem.L-2 jX] Count One-Negligence The defendants who negligently owned, maintained, managed and operated the described premises were(names): STATE OF CALIFORNIA; DEPARTMENT OF WATER RESOURCES; COUNTY OF CONTRA COSTA; M3 Does 1 to 35 PremlL& Q Count Tyro-Willful Failure to Wam (Civil Code section 846( The defendant owners who willfully or maliciously failed to guard or warn against a dangerous condition, use, structure, or activity were (names): Q Does to Plaintiff, a recreational user, was p an invited guest M a paying guest. Prem.L4. [X] count Thre"angerous condition of Public Property The defendants who owned public property on which a dangerous condition existed were(names):STATE OF CALIFORNIA; DEPARTMENT OF WATER RESOURCES; COUNTY OF CONTRA COSTA; M3 Does 1 to 35 a. ®The defendant public entity had MI actual M constructive notice of the existence of the dangerous condition in sufficient time prior to the Injury to have corrected It. b. C:3 The condition was created by employees of the defendant public entity. 'M •e. i Prem.L-b. a. Allegations about Other Defendants The defendants who were the agents and employees of the other defendants and acted within the scope of the agency were(names): • i QC Does 1 to 35 b. ($] The defendants who are liable to plaintiffs for other reasons and the reasons for their liability are M described in attachment Prem.L-5.b ®as follows(names). Plaintiffs are informed an Leve, and thereon allege that each .of the fictitiously named defendants, DOES 1 35, is negligently responsible in some manner for the occurrences herein allege plaintiffs ' . damages, were legally caused by their conduct. =r FOM Approved by he w1J Judicial Council of California EffectiveRle982a G5'!' CAUSE OF ACTION -Premises Uabildy _._ CCPA25.12 ` 16NEWPLA1NTIFF: PA'i*_.iCK G. GR.EIMAN and JANE M. GREI CASE NUM13ER: KESPONDENTIDEFENDANT: STATE OF CALIFORNIA• COUNTY OF CONT Page Five ATTACHMENT TO PREMISES LIABILITY PR L-1 That at said time and place, as aforesaid, defendants, and each of them, negligently and carelessly controlled, supervised, designed, constructed, altered, repaired, owned, maintained, operated, inspected and entrusted the aforementioned roadway so as to proximately cause and permit said roadway to be in a dangerous, defective and unsafe condition in that the roadway was in an icy condition and that they failed to post adequate warning signs or any other proper control devices to warn motorists of the icy conditions; and further in that defendants, and each of them, failed to adequately maintain the roadway in a safe and proper condition in taht they failed to deposit sufficient sand or other substances on the roadway due to the icy conditions; and further in that they allowed said roadway to exist and remain in a state of disrepair in that there were large depressions in said roadway and further failed to provide adequate and sufficient signing to warn motorists of said depressions; that defendants, and each of them, further failed to implement proper inspection programs _ and other procedures to determine the existence of dangerous conditions on said roadway, including the icy conditions and afurther failed to use electronic devices to warn motorists of ice on the roadway or to take measures to warn motorists of the icy on the roadway; that in all respects the unsafe conditions as stated above constituted a trap for . vehicular traffic using said roadway; that defendants, and each of them, were further negligent and careless in that they knew, or in the exercise of ordinary care should have known of the dangerous conditions -of said roadway and the risk of injury created by same, and failed to remedy said conditions, having a reasonable opportunity to do so; that defendants, and each of them, had actual or constructive knowledge of the aforesaid dangerous and defective conditions of public property. That as a direct and legal result of the negligence and carelessness of defendants, and as a further direct and legal result of the Fµ. dangerous and defective conditions of public property, as aforesaid, E<: while decedent JOSHUA J. GREIMAN was driving on Byron Highway, he was caused to lose control of his vehicle, causing it to veer into the southbound lanes and thereby causing it to be struck by two vehicles, and further causing JOSHUA J. GREIMAN to sustain severe personal .r. injuries resulting in his death on or about December 23, 1993. �` l Agracm nt Xu:.=ber 353147 �-- ..° /r .��'• i1) Wit` AGRz�F,:°� -T BwT' ,,,,. TZE �� ;: :l � �.•�; DEPARTiI1E=1 OF T:�1TEP. RE-SOMI.M's Jul / TIM COUNTY OF COM-11W COSTA - CC}'Ji'3'I`Y ROAD ON ,�.� 7 THIS AGR E.TMI£lvl, made and an ere; into tats ay of 1�911-n—, 1965, by and between the State of California, acting by and through eche Denart:TMent of Wate:: Resources, herai:aafter to as "State", and the C:�unj_tv cif Contra Costa, herein- of Ler ~eferred to as "County'; 1rim`Z :1S, State is authorized to as rJa_`rt or the .`tet-a—L-0 Water er Faci?:.tieS an c^CL:�.�ilCt , r£f c"'Z rG�GI t:G a5 F�£ "C al i "53rnia ACiuedaCw", leading frC1c`i1. the jac=,z :.:_'`.•:_!.--a^. :'oa-q1:L-1 D"' p'ssLng thxou,h the County of Cont Co -t.: , d.:....t3 i+YiLl s..» '�"" C' Contra � "' ."a..:s Ci t^.i.7.::C-`3'z..eCa on zal� attached he:et.o enti t?eri " - �.i. or 'a Ac aedY Yt, 11;:)' t1oaquijiDivision', designated Z:L ibi. "A" and by this rBfe--e^ca a acre 4 part of this zigreement; and W pz-0' calif ornia Aqueduct will crows and will w��uzre t`xa -.Io(1jr- cation and Lc=gora*y relocal:ion of secti:.:,s of t::ose c rtaiii county ::pads `mown as Bruns Avenue, ad. and Clifton Court Road; and ZTMF '1S, County is :�i1.?=-''-g to convey to Stat: suc h intercot or into e3ts as it y have in any real ;:)rope=-!:j for road purposes, needed in connection w-"th the constructi•:)n, onerat.**.on or maintenance of the California Acuedu,.t, 7proVi-acd that Stage arrauge3 for the modif-cation of said <<ounty roads; and Ze �y I • C'�-�.��.C�' (� t� ;. fes,. .' , /,•'�C34+j{ �,/f 'GLc+'n ' r X� I`IOWO THEREFORE, in consideration of the rutual obliga- tions of the parties hereto to cooperate to codify said county roads, it is agreed that: 1. The modification of said roads shall require the canstruction oz detours as tawporar<y relocations of said roads. The final modification shall, incorporate bridges on Byrom :.oad and Clinton Court Road. Said detours and final, modifications are shown on drawing numbers 2-9C--117-A, •E-9C-317-A and H-9C-333, approved by County, labeled "E-4iibi,t B" and by this reference made a part hor^cf. 2. St.<.te will construct sal d modified reads and tempora zy detour: in accordance crit% t.1he plans as .azccrn on drawings H-9CS-1 through H-9CS-5, H-9CS--17 th xough H-9CS•-23, and E-9C:S-30 through H-9CS-35, said dracvi.ngs being Sheets 1 thtrough 5, 17 through23, and 30 thr-_ugh 39, of Plans attached , hereto entitled "State Water Facilities, Cala.fornia 2-..Guec1uct., north vz:.-i 4oaguin Division, Intake Charnel Station 0-x00 -:.o Station ^85+00, designated "Exhibit CA and by this :e .ere:,zce made a part of this agree..ent. 3. Since State will construct, sometime within the next 10 years, a peripheral canal to connect to said Itt;ke Channel between Clifton court Road and the Southena Faci`ic Railroad, the bridge on Clifton. Court Road is to ba <desi;rned and con:3tructed as a temporary struct=e .and will be removed and the present embankment or levee will be replaced at such time as said peripheral canal is corst"ucted.. If for any reason, the peripheral canal is not constructed or under o -2- f construction witlii.n the time limits above mantionel, said tax,- �4 porary Clifton Court*Bridge will be replaced by State with a pe==nent bridge. 4. u'ha County will`pay all excess costs incurred because o: any fort:-ger modification resulting; fro:a any :sques.- by the County when the resulting costs exceed those necessary to rodi::y or relocateszid roads in accordance with paragraphs 2 and 3. move, as determined by cost estimates prepared by the State. 5. Since the modification o2 said county roads will requirethe consL:ruction of bridges across the aauzduct, and since no comnara. le bridges. have previously existe:l at these locations, State scall retain title to said bri.dqes and shall be responsible for the operation, ma itenalnce and cont_01 of. all. s t:uctu:al portions of said bridges, 1-4, within L hi.rty %lays after not-i-i tion by County that any structural w orti.on of such bri.dg4s is in need of repair or rain.tena=e for the safe opera- tion: per .-tion: of said modified .road, State fails to co teace necessary repairs or maintenance, County shall have t:z ri.g;at to perform such. rev)a'i= or ma -ntorance, at the expensa of the State. :�sponsa-- bi.lity a-rid liability for the o-peration and maintenance of all. other pDrtions of such bridges, such as roadvray surrace of+ deck, curbs, ;3idewaL%s, lighting facil,.ties,._ruazd_r�ils,. hir:^way markings and traffic signs, shall be entirely upon County. ' G. Ir=uediately upon receipt of -notice from State of the co ?3etion of said.detours, County shall, if said detours are corstructed essentially as provided in Exhibit C, accept a}' 'said detours and route traffic over the ncvrly c=pleted detours'. State will assume the liability for the maintenanco and opera-- t ion of said detours. 7.' JUter traffic has been routed over sail d dE:tour State still. construct said .modifications to said reads ir- accordance With said plans contained in Exhibit C. S. L=edi;tely upon receipt of notice from State o t1ne conx.)fiction of said modified roads, County shall, if said Modifications ars constsuctcd essentially as provided . F,xhibit C, accept said modified roads, w.oute traffic over the nvdly completed :roads, and assara t.iG' liability for the m^minten- ance and operation of said roads, subject to provisions of paragraph 5 above. 9.. State shall reizwurse County for defe4~cd construc- tion cov- directly associated wit's stabilization of the Heir facilites for a period of five years following fa�z�ir inA. punks use. 10. provided State and County are in. agr;-cent�t rela-- tive 'to the design, construction anz/or incorporation of said modifies: section:: of said roads into county :oad s;.Ts lem, and as soon as State has secured title to o; interest in the land upon which sa.i.d• modified roads are constructed, County cthall : t r.zvaril� rbandon 'and convey or quitclaim to State a.»y right, title: and interest in any real property it now has in the zupersede:d portions of said County roads which is needed for the construct.1Q'4 ., operation and/or maintenance of� the California Aguc.Kluct. -4- �,; Concurrently, State shall transfer to County for ownership said modified county roads together with corresponding right of Y' way necessary for the operation and maintenance of said roads, reserving to State, where necessary, full rights to construct, operate and maintain California Aqueduct, 11. State shall provide in construction contracts for the modification or relocation of said county roads substantially as follows: A. A provision requiring that the contractor shall make all necessary provisions for maintaining public traffic on the road and shall conduct his operations for the work involved so as to offer a minimum of obstruction and inconvenience to public -t:affic. The contractor shall also provide barricades, flagmen, signs, lights, and other devices as necessary to insure against accidents and to avoid damage or injury to passing traffic. B. A provision requiring that the contractor shall provide County the same indemnity he is required to provide for the State. . C. A provision requirinc that the contractor shall apply to County for permission to make any closure or- restriction of any county road.. 12. County hereby grants to the State, its contractors, = agents and assigns, the right to enter upon county road right of way at such locations as may be necessary to perform any work to be aecomalished in connection with the relocation or modification of a county road pursuant to the teras of this agreez-aant or for the construction, operation or maintenance of California Aqueduct. t :.3. An emergency shall be considered to exist when a structural failure of any portion of canal, bridge, siphon, tunnel, reservoir or any anpurtenanc-:: -hereto occurs which trreatens to or actually interferes, is --des or prevents the conveyance of water in California Aaueduor traff.4.c over or across any county road. 14, if at some future date Countv sires to riake anv other change to said county roads zahich ray . erct Cali :ornia Aqueduct, it may do so at its own *ided it c:o=,-plies with tl•e follo�,l_ng 41. Except in case oy erergenc.. County shall, thirty days prior to commenceme-r- of any ,,;o=' :give rot ice to State of its intention to perform any such vc . .. B. kept in case of emergen�_: s, C_oun�.y'- �s..al_z submit plans and specifications to State fo c :.s .-Mvi.eW z�nd approva3 at leant thirty c'at's prior to �, e c -�en��sr.e,�t of t'ne proposod work. C. Except in case of en c' s; County s al' perfot; all Structural maintenance. wore at :.mss approv.'d by the SACate. D. Prior to co=encament of u '✓ work dOS-r]b 'ed in thin paragraph 14, in any area over Valcla State has a prop- erty interest, County shall first secure an appropriate ,pewit or agrr:erent Jffrom State for the use and occupancy or sa-, area. 15. SrYould County fail to undertake any necessary repair., reconst�ouction or maintenance of the structural portion. of any oz the Caunty's bridges or other structures :nstal?ed pursuant to paragraph 14 hereof and crhich affects any portion • of the California, Aqueduct, State s:-.all have the right to per- form such repair, reconstruction or maintenance at th= of pensc • of County. 16. Under no circumstances shall Co=ty interfere with the operation of or damage California Aqueduct without. a_proval of State. 17. in the evert an emergency shall occur or exist, the party na_iirg such discovery or first notified, shall i=ediately notify the other party thereof. Ti-Ie pa �y with res-pons ib ili ty for mai .m n"enance shall iediately upon discovery or notification of the failura or irmairment, coi,=ence ::o repair •.`h fail-arc and cor r oc t the irap ai.—ment, and to?ie steps necessary to pro tact the publ _c safety, and prevent excessive damage to other .public and pri.vdlto property, and will notifv the other paw:y of the extent of damage and the imme.i.at"a corrcct'_ve actio:: ta_Len. In no avant shall this notice be give: t4%e other pa:ty latter than the beginning of t'he next, worRing day atter the discoven,- of the emergency. The parties to be notified are: State-- : Chief, C.-erations Section, Delta Branch, Sacr,-Lmentof County - Director, Department of public Works, Martine,2., 18. Notwit"Istanding any other provision of: this agree- rent, to the extent required by law, all relocaticrs or r-odifica- tions• of county roads which are a part of the Federal. Aid: Highway System shall be subject to the a_oproval of the appropriate federal agancy prior to the accoirplishmezt of the relocation or modification. County shall secure such approval and State scall cooperate f;sliy with County in securing such approval. - -7- r , IDT WITNESS ;,MREW, the parties have c%.(jcu';cd this acre=c:nt as of the date hereinabove first .rritte:i. : ... A. ilr2j;ZDLY THM CO r=..f OF CU%r'TP-A COSTA BY Counsel. ,�J / C.►..airnar b.f t?ie CountyC C�fitrzost /�• Board o: upez:visors ` a R.ECJ�fi's`1 DBD nR APPROVAL STAZLTE. OF c'.. L''t EPr'..RZIM--ivy o,^ '1-171-IT1R.`:S0UIRC::S BY `L%' =�`'' l.�!i -ter!�•y ." C2 ilie L' ion Division of Piglht of Way t�c�suisitioii • - Approved as to legal forM c`rld S'4' -fj-''..CnCy: Cc :,r'aE �t • In the Board of Supervisors of Contra Costa County, Sate of California P_�zuG'• i 0 . 796 • - In the Matter of a g r e e M a n t wti S�•u1e Denartment of water Resources re rnodii ication of Colum-.,r Roads. (Bt-ror, area) l he Board having cor_sidered .,greeme: t Noo 35J1 11'7 bet:deen ti=e lJount, Of C)I,--:la Costa and the Sltatp -Of Ca�';_^ori.ia De?aar—en Of , temora � �lOC2u Ol? 't` rincmodii iCat:'.on an zPL ^P � O� scC,._ons Of �vron ?!: gh:•+ay and Clifi:on. Gour'i. Road at the Cal iior.ia A uFduc t crossings near 5;y-ron ; — -- ?;Oji(, T?t�.� FORr, and on notion of Supervisor Dias, seconded b7 Sa-pervisor, Mnriaryl,, 1 1 S BY '217E, HOARD 01. '-ha--- said agreement is A??:?OVEED and r'homas john Col!, Cr.a. .r-ma-1 of t C'is Board, is Ab`T,_-O,RwG"_D t0 e-xeoute. same. The fo��F oing order was passed the follo�yin vote of the Board : - . y O DANIEL E. LUNGREN State of California Attorney General DEPARTMENT OF JUSTICE "FORV" 2101 WEBSTER smET,12th FLOOR OAKLAND,CA 94612 (510)2864200 FAcsmLE.(510) 286-4020 (510) 286-4154 February 8, 1995 RECEIVE® Clerk of the Board of Supervisors EFEB - 9 1995 County of Contra Costa County.Administration Building, Room 106 CLERK BOARD OF SIaPERVISORS 651 Pine Street CONTRA COSTA CO. Martinez, CA 94553 RE: Patrick G. Greiman and Jane M. Greiman v. State of California, et a1. Contra Costa County Superior Court No. C 94-04218 Dear Clerk of the Board of Supervisors: Enclosed is a government claim form against the County of Contra Costa, together with a copy to be conformed. Please stamp the original form and the copy "Received" and return .the conformed copy in the enclosed self-addressed, stamped envelope. Please call me if there are any questions. Thank you for your cooperation. Sincerely, DANIEL E. LUNGREN Attorney General DAVID W. HAMILTON Deputy Attorney General DWH:dnp Enclosures cc w/encl. :. Timothy Ryan, Esq. `tom\`�w ar t �,p°�7Yatl �C 4 Y �n O oo `2 cYnYd.v � v •�t11 N o 0'o L