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Home My WebLink AboutMINUTES - 05161995 - 1.14 CLAIM (: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA May 16 1995 :lair. Against the County, or District governed by) BOARD ACTI6N .ht Boa-C of Supervisors. Routing Endorsements. ) NOTICE TO CLAIMANT ind Board Action. All Section references are to ) The copy of this document mailed to you is your notice of :alifornia Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph Iv below), given pursuant to Government Code Maount: $500,000.00 Section 913 and 915.4. Please note all `Marni:ngs". :LAIMANT: Alexander P. Torres Date received Ps.'., i"F.2C,AL!. BY DELIVERY TO CLERK ON April 14, 1995 ADDRESS: West County Detention Facility 5535 Giant Highway ,April 11 1995 Richmond, CA 94806 BY MAIL POSTMARKED: P iK jrt: Clerk o! ine eObrZ Of 10. iouray COUTiSei Attached is a copy of the above-noted claim. ppHH gg DATED: April 14, 1995 Br�l DeputylOR. Clerk 1. FROM: County Counsel 10: Clerk of the Board of Supervisors { This Clair., 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 nct 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: Date:. 1-17 _ / �_> BY: flenuty County Counsel 11. fROM: Clerk of the Boarc 70: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 971.3). V. BOAR: ORDER: By unanimcus vote of the SuDervisers present (✓) Itis 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. 8y0A, Deputy Clerk �T WARNING (Gov. code section 913) Jtie:t to Certain aarentiDns; yew h,�yp r^ly Sir (6) Math* from The Rte t*it nntirm eaS "rvvn01y neryad tr .posited in the mail to file a court action on this claim. See Government Code Section 945.6. )u may seek the advice of an attorney of your choice in connection with this matter. If you want to Consult attorney. you Should do So immediately. AFFIDAVIT OF MAILING oea are under penalty of perjury that I am now, and at all times herein meotioned. davf ?een o citizen of the +iter States, over age 18; and that today I deposited in the united States Pnstbl Service in Martinez. ,lifornia. postage fully prepaid a certified copy of this Board Order an, to Clai+nar,T, d.dd�•e'.atd to +e tlsimart as shown above. to BY: PHIL BATCHELOR b y pu`ty Clerk County Co,,nsel County Administrator � CO �. 'ted t n ✓�^ •A OrA S� u °? � `-e' �aa� tom^ .01 N �c • � E N � � U QLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA May 16 1995 Claim Against the County, or District governed by) BOARD ACTI6N 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 ;t'$i�,Q0,000.00 Section 913 and 915.4. Please note all "Warnings" �,, I�` L Li CLAIMANT: Alexander P. Torres APR 1 05 ATTORNEY: _ COUNTY COUNSEL Date received MARTINEZ CALIF. BY DELIVERY TO CLERK ON April 14, 1995 ADDRESS: West County Detention Facility 5535 Giant Highway BY MAIL POSTMARKED: April 11, 1995 Richmond, CA 94806 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. IL gATCHELOR, Clerk DATED: April 14, 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: �' 7 _ / BY: Deputy County Counsel ,11. FROM: Clerk of the board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). !V, BOARDS ORDER: By unanimous vote of the Supervisors present (✓) This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. �1 Daied:-Zy �. 19 PHIL BATCHELOR, Clerk, By . Deputy Clerk WARNING (Gov, code section 913) >utject 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 tour% action on this claim. See Government Code Section 945.6. 1O may seek the advice of an attorney of your choice in connection with this matter. If you want to consult n attorney, you Should do so immediately. AFFIDAVIT OF MAILING Vetlare under penalty of perjury that I or, now, and at all times herein mentioned, have been a citizen of the initet States, over age 18; and that today I deposited in the United States postal Service in Martinet, slifornia, postage fully prepaid a certified copy Of this Board Order and Notice to Claimant, addressed to ne r.laimar,t as showy, above. ated: 21 11?9S BY: PHIL BATCHELOR by-Ji Lo eputy Clerk L: County Counsel County Administrator Mr.Alexander P. Torres /0 — 2 5535 Giant Highway _ 4 Richmond,Ca. 94806 RECEIVED 5 7t 14 8 9 Alexander P. Torres ) CLERK BOARD OF St1PERVISORS 10 Plaintiff ) COSTA CO. 11 ) 12 V. ) 13 ) 14 County of Contra Costa, ) COMPLAINT 15 Contra Costa County Public Defenders ) 16 Office, ) 17 and ) 18 Ms. Terri Mockler ) 19 Defendant(s) ) 20 ) 21 22 23 24 The undersigned claimant makes claim against the County of Contra 25 Costa or the above-named District in the sum of $500,000.00 and 26 in support of this claim repzesen#_s as follows: 27 28 -------------------------------------------------------------- 29 1 . When did damage or injury occur? (Give exact date and hour) 30 31 On or about February, 1995 and thereafter. 32 33 2. Where did damage or injury occur? (Include city and county) 34 35 Martinez, California. Contra Costa County. 36 37 3. How did the damage or injury occur? (Give full details; use 38 extra paper if required) . 39 40 Mal-intent, Malpractice, Nonfeasance, Malfeasance 41 by breach of duties by Public Defender. 42 43 4. What particular act or omission on the part of county or 44 district officers, servants or employees caused the injury or 45 damage? 46 Ms. Mockler has totally refused to communicate 47 with Client thus making it impassible to confer 48 on issues of importance. I have voiced and 49 maintained my innocence throughout my period of 50 incarceration. Ms. Mockler shows absolutely no 51 interest in my being vindicated of the pending 52 charges. Ms. Mockler has also refused to file 1 r ' J cv m Q , c� 4 46 110 €s , i r . 1 several motions in my behalf. Those motions being 2 Pitchees Motion, and Motion for Discovery 3 requesting, (Complete Discovery) of all evidence 4 submitted by the District Attoz~ney's Cuff ice. it 5 should also be noted that I have requested to have 6 copy of prelim transcripts made available to me, 7 this request was also denied me. 8 9 5. What are the names of county or district officers , servants or 10 employees causing the damage or injury? 11 12 Ms. Terri Mockler 13 14 6. What damage or injury do you claim resulted? (Give Full extent 15 of injuries or damage claimed. Attach two estimates for auto 16 damage. 17 18 Loss of Freedom, Loss of rights, Violation of all 19 due process. 20 21 7 . How was the amount claimed above computed? (Include the 22 estimated amount of & prospective injury or damage. ) 23 24 $500,000.00 General Damages, Stress Aggravation, 25 Mental Stress. 26 27 28 8 . Names and addresses of witnesses, doctors and hospitals. 29 30 Not currently Ascertained 31 32 9. List the expenditures you made on account of this injury: 33 Date Item Amount 34 35 Not Currently Ascertained 36 37 38 39 40 Gov. Code Sec. 910.2 provides: 41 "The claim must be signed by 42 the claimant or by some other 43 person on his behalf. 44 45 46 47 48 49 50 51 52 2 1 SEND NOTICE TO Mr. Alexander P. Torres 2 West County Detention Facility 3 5535 Giant Highway 4 Richmond, Ca. 94806 5 6 7 NAME AND ADDRESS OF CLAIMANT 8 MR. Alexander P. Torres 9 West County Detention Facility (Claimant Signature) 10 5535 Giant Highway 11 Richmond, Ca. 94806 12 13 14 15 16 17 18 19 20 NOTICE 21 22 Section 72 of the Penal Code provides: 23 24 "Every person who, with the intent to defraud, presents for 25 allowance or for payment to ant state board or officer, or to any 26 county, city or district board or officer, authorized to allow or 27 pay the same if genuine, any false or fraudulent claim, bill , 28 account, voucher, or writing, is punishable either by 29 imprisonment in the county jail for a period of not more then one 30 (1) year, by fine of not exceeding one (1) thousand ($1,000) , or 31 by both such imprisonment and fine, or by imprisonment in the 32 state prison, by fine of not exceeding ten(10) thousand dollars 33 ($10,000, or by both imprisonment and fine. 3 CONFIDENTIAL COUNTY COUNSEL'S OFFICE CONTRA COSTA COUNTY MARTINEZ, CALIFORNIA MEMORANDUM Date: April 17, 1995 TO: Jeanne Maglio, Clerk of the Board ofupervisors FROM: Victor J. Westman, County Counsel �---� By: Gregory C. Harvey, Deputy Coun Y/4� nsel RE: Alexander P. Torres Claim l\J Please treat the attached document as a claim. Thanks . I Mr.Alexander P. Torres 2 5535 Giant Highway TM 3 Richmond,Ca. 94806 5 4k , APR '121995 8 9 Alexander P. Torres ) ~ 'p`RT� INEEZ BRANCH 10 Plaintiff aE PUBLIC DEFENDE 11 D ! ) U(9i��RA COSTA GCa�� 12 V. l' 13 ) 14 County of Contra Costa, ) COMPLAINT 15 Contra Costa County Public Defenders ) 16 Office, ) 7IF-A ��E® 17 and )18 Ms. Terri Mockler19 Defendant(s) ) 18 1995 20 ) 21 CLERK 60RRD OF SUPERVISORS 22 CONTPA COSTA CO. 23 24 The undersigned claimant makes claim against the County of Contra 25 Costa or the above-named District in the stun of $500,000.00 and 26 in support of this claim represents as follows: 27 28 -------------------------------------------------------------- 29 1 . When did damage or injury occur? (Give exact date and hour) 30 31 On or about February, 1995 and thereafter. 32 33 2. Where did damage or injury occur? (Include city and county) 34 35 Martinez, California. Contra Costa County. 36 37 3 . How did the damage or injury occur? (Give full details; use 38 extra paper if required) . 39 40 Mal-intent, Malpractice, Nonfeasance, Malfeasance 41 by breach of duties by Public Defender. 42 43 4. What particular act or omission on the part of county or 44 district officers , servants or employees caused the injury or 45 damage`:' 46 Ms. Mockler has totally refused to communicate 47 with Client thus making it impassible to confer 48 on issues of importance. I have voiced and 49 maintained my innocence throughout my period of 50 incarceration. Ms. Mockler shows absolutely no 51 interest in my being vindicated of the pending 52 charges. Ms. Mockler has also ° refused to file 1 I several motions in my behalf. Those motions being 2 Pitchees Motion, and Motion for Discovery 3 requesting (Complete Discovery) of all evidence 4 submitted by the District Att ox-ney`s Cuff ice. It 5 should also be rioted that I have requested to have 6 copy of prelim transcripts made available to me, 7 this request was also denied me. 8 9 5. What are the names of county or district officers , servants or 10 employees causing the damage or injury? 11 12 Ms. Terri Mockler 13 14 6. What damage or injury do you claim resulted? (Give Full extent 15 of injuries or damage claimed. Attach two estimates for auto 16 damage. 17 18 Loss of Freedom, Loss of rights, Violation of all 19 due process. 20 21 7 . flow was the amount claimed above computed? (Include the 22 estimated amount of & prospective injury or damage. ) 23 24 $500,000.00 General Damages, Stress Aggravation, 25 Mental Stress. 26 27 28 8 . Names and addresses of witnesses, doctors and hospitals. 29 30 Not currently Ascertained 31 32 9. List the expenditures you made on account of this injury: 33 Date Item Amount 34 35 Not Currently Ascertained 36 37 38 39 40 Gov. Code Sec. 910.2 provides: 41 "The claim must be signed by 42 the claimant or by some other 43 person on his behalf. 44 45 46 47 46 49 50 51 52 2 1 SEND NOTICE TO Mr. Alexander P. Torres 2 West County Detention Facility 3 5535 Giant Highway 4 Richmond, Ca. 94806 5 6 7 NAME AND ADDRESS OF CLAIMANT 8 MR. Alexander P. Torres 9 West County Detention Facility (Claimant Signature) 10 5535 Giant Highway 11 Richmond, Ca. 94806 12 13 14 15 16 17 18 19 20 NOTICE 21 22 Section 72 of the Penal Code provides: 23 24 "Every person who, with the intent to defraud, presents for 25 allowance or for payment to ant state board or officer, or to any 26 county, city or district board or officer, authorized to allow or 27 pay the same if genuine, any false or fraudulent claim, bill , 28 account, voucher, or writing, is punishable either by 29 imprisonment in the county jail for a period of not more then one 30 (1) year, by fine of not exceeding one (1) thousand ($1,000) , or 31 by both such imprisonment and fine, or by imprisonment in the 32 state prison, by fine of not exceeding ten(10) thousand dollars 33 ($10,000, or by both imprisonment and fine. 3 r CLAIM L�- ,� BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA May 16, 1995 Claim Against the County, or District governed by) r _ 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:Richard Prefer ATTORNEY: APR 2 0 logy Date received COUNTY COUNSEL ADDRESS: 3216 Belmont St. BY DELIVERY TO CLERK ON April 20, 19915TlNEZCAI.IF- El Cerrtio, CA 94530 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. DATED: April 20, 1995 gall BATCHELOR, Clerk eputy 61 II. FROM: County Counsel TO: Clerk of the Board of Supervisors (l./r"'This .claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated:_CJ BY: ADeputy 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, 8 91 Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions., you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. * For Additional Warning See Reverse Side Of This Notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that- I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: 17 . BY: PHIL BATCHELOR b A Deputy Clerk CC: County Counsel County Administrator Claim -to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT A. Claims relating to causes of action for death or for injury to person or to per- sonal property or growing crops and which accrue on or before December 31, 1987, must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or after January 1, 1988, must be presented not later than .six months after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Govt. Code §911.2.) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553• C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at the end of this form. RE: Claim By ) Reserved for Clerk's filing stamp J ) RECEIVE® 1 Against the County of Contra Costa ) EAR 01995 or ) 1%b1 District) CLERK BOARD OF SUS ' Fill in name) ) -coNr,a cn " ,, C '{ 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) 1A.am� --------------------------------------------- 2. Where did the damage or inj ocdur? (Include cit and county) _3-a ��-► e� ,. rye -------------------------------cam' Y Y� -� 1J..` s------------------- 3. How did the damage or injury occur? (Give full details; use extra paper if required) 13\j�6d 2 Ul ----------------------- ------------------------------------------------------------- 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? 0C, (over) 5. What are the names of county or district officers, servants or employees causing the damage or injury? ------------------------------- 6Q --------------------------- 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. ----------------rO--�-`�°- ki-W LAO ------------------------------------- 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) b f PA 8. Names and_Addresses of witnesses, doctors and hospitals. `ll'�qCLI t0�' t _-____________________________________________________________________-__________ 9. List the expenditures you made on account of this accident or injury: DATE ITEM �` 4 ��, AMOUNT Gov. Code Sec. 910.2 provides: "The claim must be signed by the claimant SEND NOTICES TO: (Attorney) or by sorra person on his behalf." Name and Address of Attorney �. L ypc Caai is Signat dress C � -- 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 imprisonment and fine. CLAIM I . ( tt BOARD OF SUPERVISORS OF 'CONTRA COSTA COUNTY, CALIFORNIA May 16, 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: $700.00 + Section 913 and 915.4. Please note all -Warnings". CLAIMANT: Alma Perez and Jose Espinoza ,W AR ATTORNEY: APR 13 1995 W�f Date received COUNTYCOUNSE6 ADDRESS: 125 North Broadway Ave., 432 BY DELIVERY TO CLERK ON April 13. 1995' MAMA --- Bay Point, CA 94565 BY MAIL POSTMARKED: April 12. 1995 I. FROM: Clerk of the Board of Supervisors 70: County Counsel Attached is a copy of the above-noted claim. gg DATED: April 13, 1995 CVIL DepuiyLOR, Clerk y..- (',4�"A_,0_D 11. FROM: County Counsel 70: Clerk of the Board of Supervisors { This claim complies substantially with Sections 910 and 910.2. { ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). { ) Other: Dated: ��/�'^ `� s $Y: Deputy County Counsel 11. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). V. BOA;.^ ORDER: By unanimous vote of the Supervisors present (voo", This Claim is rejected in full. J ) 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, Byill . Deputy Clerk WARNING (Gov. code section 913) utject to certain exceptions, you have only six (6) months from the date this notice was personally served or epcsited in the mail to file A court action on this claim. See Government Code Section 945.6. ou may seek the advice of an attorney of your choice in connection with this matter. If you want to consult n attorney, you should do so immediately. AFFIDAVIT OF MAILING dezlare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the mited States, over age l8; and that today I deposited in the Unite: States Postal Service in Martinez, llifornia, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to tlaimar,t as shown above. 9te�: BY: PHIL BATCHELOR by7 puty Clerk .. County Counsel County Administrator Claim to: BOARD OF SUPERVISORS OF CONTRA COSTA aXIM MMUCTIONS TO CLAIMANT A. Claims relating to causes of action for death or for injury -�o person or to per- sonal property or growing crops and Which accrue on or before December 31, 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 8911.2.) 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 91553• 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 aaair st mere than one o_ ublic entity. sec_ arate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at the end of this 7,07—M. f f s e • e e f • • s s • • • f s f e f f e i a s a e • s f e • a f e e f • s • * e e RE: Claim By ) Reserved for Clerk's filing stamp e JDs� 8 . ) MMO �a b7�thRECEIVE® . Against e Courty of Conti Costa � APR 131995 or. ) _ r CLERK BOARD OF SUPERVISORS istrict) CONTRA COSTA CO.V ea Fill it 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) 95 2. Where did the damage or injury occur? (Include city and county) 3. How did the damage or ins jury occur? (Give full detailsf use extra paper if required) �I. What particular act si - " part c or omi on on the part of county or district officers, servants or employees caused the injury or damage? 7-7— Ila,4 s /Av � �;D/J I� © r- nfCE 1/p 14,-1/0/0 A-,6 le . (over) it 5. 'What are the names of county or district officers, servants or employees causing the damage or injury? NeIVE 5. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) �F67-1'1;1),4-TOZ5' 6FOj4f 02 #010,5 B. Names and addresses of witnesses, doctors and hospitals. 9. List the expenditures you made on account of this acct ent or injury: DATE ITEM AMOUNT : f s e • e f s f • e e • e a a �► a e e f a s a • • e e • e f e a f s f e s''s e e n 'J a t . �;: Gov. Code Sec. 910.2 provides: "The claim must be signed by the claimant SEND NOTICES TO: (Attornev) .. or by some person on his behalf." Name and Address of Attorney.- Cla t' ignature Address Telephone No. Telephone No. 0 '�S'"S'' 9-779` sfe • a0 e • a • 0 a7'T770 NOTICE Section 72 of the Penal Code providess *Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, city or district board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is punishable either by imprisonment in the county jail for a period of not more than one year, by a fine of not exceeding one thousand ($1,000), or by both such imprisonment and fine, or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars ($1090009 or by Doth such imprisonment and fine. INDEPENDENT AUTO BODY & PAINT Phone 81 MONUMENT PLAZA (510)687-3117 PLEASANT HILL, CA 94523 ONE DAY SERVICE NAME DATE ADDRESS C�z S-'7 � (�� J. C� PHONE INSURED BY ADJUSTER PHONE Symbol FRONT Labor Labor Parts Syrr&ol LEFT Labor Labor Ports Symbol RIGHT Labor Lobo, Parts S Hro. S Hrs. S Mrs. Bumper Bumper Bekt. Fender, Frt. Fender, Fri. umpar Gd. Fender Shield Fender Shield Frt.System Fender Midg. Fender Midgs Frame Heod lamp Hood lamp Cross Membor Heodlamp Door Headlamp Door Stabilizer Sealed Boom Sealed Beam Wheel Cowl Cowl Hub Cap Windshield Windshield Hub & Drum Dov, Front- A- Door, Front - Knuckle _ Knuckle Sup. Dov Hinge Dov Hinge U.Cont. Arm•Sholt Dov Glass Dos Glass Vent Glass Vent Glass Up. Cont, Arm-Shaft Dov Mldgs. Dov Midg. Shock Dov Handle / Dov Hand 16 I Spring Conter Post 1 Canter Post Tie Rad Dov Rear Dov Rear Steering Gear Dov Glass Dov Glass- Steering Wheel Door Midg. Dov Mldg. Han Ring Rocker Panel Rocker Panel Grovel Shield Rocker Midg. Rocker Midg. Park. Light F loor _ F lour Frome J Fro" Rod. Grille Dog Log 1 Dog Leg Ouor. Panel ,® _ Quor. Poral Q Ouar. Mldg �( 0voe. MI . 6 Quer. Glass Ouar. Glos Fender, Rear Fender, Rear Name Plate Forder Mldg. Fonder Mldg. Han Fender Pad Pander Pod Baffle, Side REAR MISC. Sallle, Lower Bumper Inst. Panel Baffle, Upper Bumper Brkt. Front Soot Lock Plate, Lr. Bumper Gd. Front Seat Adl. Lock Plate, Up. Gro.el Shield _Trim Hood Top Lower Panel Headlining Hood Hinge Floor Top Hood Midg. Trunk Lid Tirs 9L Wan Or no mera Trunk Light Tubs Rod.Sup. Trunk Handle Battery Rod.Core Tail Light Paint Anti Freeze Toil Pipe Undercoat ' Rod. Hoses Gas Tank Fan Blade Frame AUTHORIZATION FOR REPAIRS Fon Belt Wheel You era hereby authorized to make the above Water Pump Hub &Drum specified repairs. Motor Abe. As le Signed Clutch Linkooe Spring GROSS PARTS ... ...%DISCOUNT NET PARTS SALES TAX MAKE YEAR_ STYLE MO L MOTOR NO. TOTAL LABOR + SERIAL NO. LIC.NO. r MILEAGE GRAND TOTAL A-Aliph N-Naw OH-Overhaul S-Straighten or Repair EX-Exchange RC-Rechrome -U-Used This •stimele 1s based on lowest possible cost consistent with quality work, and as such. is owrenteed. M*►viel T lest to Price Chep* Items not covered by this estimate or hidden will be additional. VEHICLE DAMAGE REPORT- ESTIMATE Vz ERIC'S BODY SHOP ' NAME SO S K" C C 5 2535 MONUMENT BLVD. — — �� ADDRESS Y S- c/.� C"o r a� �( CONCORD,CA 94520 (510) 682-3250 FAX. (510)682-9829 `� CITY C� "Specialists in Uni-body repair" Home f, (� S-- featuring Phone�j b �J' / 7� Ins.Co. Dale CAR BENCH—the Ultimate Unibody Repair System t.ic. Four Wheel Alignment & Precision Color Matching Business Phone Adjuster Engine Other Claim N Trans. Date o/loss W.B. P2in Code OdomVer TRAINER TECHNICIAN MEMBER MEMBER Trim Code Year Make Mode O LU a i DESCRIPTION T=ARTSa0 w¢ ¢ w r � i 'Y✓ � ti�� Cl�r��-�- GZ-liter �i�e.Qi.:��a ,C� This damage report is based upon our detailed inspection COLUMN TOTALS of your vehicle and does not include repairs other than itemized above.Occasionally additional damage will be FPAINT Hrs. L PARTS discovered once the work is opened up,and additional repairs ,O Sub'ect to invoice will be required. yp Our parts prices are from Mitchell's Manuals.Any rise In 37,0 Hrs. Q 0 LABOR TOIAL cost must be supplemented to us by owner or insurance company. FRAME Hrs. Q SUBLET CHARGES Repairs will be made for you as owner. If you do not,intend to pay with your own funds, please make certain the MECH. Hrs. Q SUBTOTAL insurance company can deliver their check to you in time to pick up your vehicle.All repairs must be paid in full before the vehicle will be released. SUBLET SALES TAX 5V If a lienholder is named on the Insurance check, their endorsement must be obtained. PAINT & We are proud of our technicians and their superior quality MATERIALS craftsmanship.Thank you for letting us serve you. WRITTEN BY TOTAL utdGlory onl C o url--�( m,�! s,ra-14bn 4lc((a M to5� Pi he 5twl� , korn IE)(o Fii{.., !S!�FF?9iFifif�FftfIEFf1i}FSfS�fF�FtlFlF}}{l�FF�}�F}FFt13F�F}� ' CLAIM: �► BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA - 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: David Licht ATTORNEY: Maloney & Tabor Robert S. Tabor Date received ADDRESS: 2386 Fair Oaks Blvd. , Ste 210 BY DELIVERY TO CLERK ON May 1, 1995 Sacramento, CA 95825 BY MAIL POSTMARKED: via-: County Counsel I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. I DATED: May 1, 1995 �aIL �ep�tyLOR, Clerk II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) This claim complies substantially with Sections 910 and 910.2. ( This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: l 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 tj WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. * For Additional Warning See Reverse Side Of This Notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: 17 9 96- — BY: PHIL BATCHELOR b puty Clerk 0 1/ CC: County Counsel County Administrator 1 1 P OFFICE OF COUNTY COUNSEL DEPUTIES: CONTRA COSTA COUNTY PHILLIP S. ALTHOFF SHARON L. ANDERSON BRANDON D. BAUM COUNTY ADMINISTRATION BUILDING ANDREA W. CAS S I DY 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. MUfiIZ May 1, 1995 VALERIE J. RANCHE DAVID F. SCHMIDT DIANA J. SILVER VICTORIA T. WILLIAMS NOTICE OF INSUFFICIENCY AND/OR NON-ACCEPTANCE OF CLAIM TO: Robert S. Tabor, Esq. 2386 Fair Oaks Blvd. , Ste. 210 Sacramento, CA 95825 RE: CLAIM OF: David Licht 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. [X] S. 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 d 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 . [] 7 . Other: VICTOR J. WESTMAN, County Counsel By: Deputy County CcKunsel 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: May 1, 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) LAW OFFICES OF MALONEY & TABOR 2386 FAIR OAKS BOULEVARD, SUITE 210 SACRAMENTO, CALIFORNIA 95825 COUNTY MARTINcZCALIF. MARTIN.z CALIF. TELEPHONE ( 916 ) 485-5690 FAX (916) 568-7848 VOICE MAIL/PAGER (916) 828-1053 Date: 24 April 1995 Our File No: 125 To: Victor J. Westman Contra Costa County Counsel RE��® 651 Pine Street 9th Floor .� Martinez, CA 94553-1288 MAY - 11995 Re: 2101 Rancho Del Lago Road, Martinez, California APN 365-360-002 CLERKRoP t�oF sL11isoRs c� Ago. Further to my letter of January 26, 1995. Our firm has been retained by Mr. David Licht of the above referenced address to represent him regarding a dispute he is currently engaged in with various Contra Costa County agencies. Our review of available Contra Costa County records, interviews with.county officials and county residents, newspaper articles and information from the Citizens Land Alliance has confirmed our belief that numerous County records have been lost or destroyed. These include records from the Building Inspection Department, the Planning Department and the County Health Department. It is my clients position that all buildings and improvements thereto, septic tanks and any other construction on the above referenced property were properly paid for and permitted. In order to conceal the fact that numerous other county resident's permits were improperly signed off by County inspectors, scores of permits, including many of the those regarding Mr. Licht's property have been destroyed. In light of the above, the County's current efforts to recover permit fees from my client is an attempt by the County to extract double payment for prior paid permits. My client is understandably unwilling to pay these fees. In addition, and as pointed out in my January 26, 1995 letter to you, Mr. Licht has been contacted by,County 1 officials regarding both his alleged lack of permits and on a number of other issues. As the permits in question were destroyed by County officials, and County officials were and are cognizant of said destruction, all such demands of Mr. Licht can only be construed as harassing behavior by County officials. Mr. Licht has attempted to cooperate with the County and acted in good faith in seeking a land use permit after being informed there was none. Further, Mr. Licht has not improved his property due to the alleged lack of appropriate permits which, it turns out were granted in 1987. As a direct result of the County's actions, Mr. Licht and his family have suffered severe financial, emotional and personal hardship. Mr. Licht has been unable to subdivide his effectively condemned property, take advantage of zoning regulations or borrow against the property. This has caused serious damage to Mr. Licht's credit worthiness, financial stability and his ability to engage in his profession. "rhe apparent destruction of records and subsequent cover up by various offices of the County has prevented Mr. Licht from borrowing against his property or otherwise hypothecating it. In order to maintain some financial fluidity and to prevent foreclosure of his property, Mr. Licht has been forced to liquidated a successful business at a substantial loss and to swiftly sell two valuable collections at far less than market value. Mr. Licht's resources are quickly being depleted and the likelihood of foreclosure is increasing daily. We will hold the County liable for any damages Mr. Licht incurs as a result of any attempted or actual foreclosure. Should this matter proceed to litigation, we have numerous individuals, including private citizens, contractors and County officials, who are prepared to testify that plans were approved and permits pulled, paid for and signed off for the construction on Mr. Licht's property. Many of these individuals have knowledge relative to the destruction of permits for properties other than Mr. Licht's. Our investigation into this matter has revealed, as evidenced above, that a number of land owners in Contra Costa County have had or are currently experiencing difficulties similar to Mr. Licht. It also appears that the local and Bay area media have some interest in the situation. We would like to resolve this without either filing a civil action which has the potential of becoming a class action suit or involving the media. Toward that end, the following three possible solutions present themselves: 1) Mr. Licht pays the fees and has the permits reissued. Based on the above, this will not occur. 2) We file a claim against the County, likely a class action with other aggrieved county residents. This would entail significant costs to the County and, possibly more onerous, significant publicity with Television, Radio and Print journalists apprised of the action; or 2 3) The County agrees to the following: a) Grandfather the residence conversion of the barn residence and place it on the tax rolls as a completed house. No reassessment because the house is as it was when purchased. b) Consider all Health Department and Building Inspection Department fees paid and work completed. c) Pay all Mr. Licht's attorney fees, consultants fees and associated costs relative to this matter. This currently is approximately $60,000.00 d) Split the current approximately 23 acre lot into two parcels (12.7 acres and 9 acres) at the road with no fees. This includes no County fees for the properly permitted and up to code construction of a new home on the 9 acre lot. e) Either pick up the dedicated easement and assume responsibility and maintenance for the road through Mr. Licht's property or close the road at both sides of the property. f) Grant a Commercial Use Permit for a Commercial Equestrian facility, food service, beer and wine sales and a stipulated rifle and pistol range and commercial use permit. f) Forty year tax exemption for Mr. Licht and his family. (No County property taxes, assessments and fees) g) Cancel current County Tax Assessor's bill. The latter option above presents the County with a very low cost solution to this case. In fact the only out-of-pocket costs incurred would be the equitable reimbursement of Mr. Licht's costs. As I indicated above, Mr. Licht is anxious to resolve this issue one way or another as quickly as possible. Your reply within twenty (20) days of the date of this letter is appreciated. Very truly yours, MALONEY & TAB ;R By: (�jA� `.- ROBERT`S. TABOR J CONFIDENTIAL COUNTY COUNSEL'S OFFICE CONTRA COSTA COUNTY MARTINEZ, CALIFORNIA MEMORANDUM Date: April 28, 1995 TO: Jeanne Maglio, Clerk of the Board of Supervisors FROM: Victor J. Westman, County Counsel By: Gregory C. Harvey, Deputy Cou ty oun RE: Claim of David Licht Please treat the attached letter as a claim. Thanks . CLAIM 1, 1 BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA S May 16, 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: .$25,000.00 + Section 913 and 915.4. Please note all CLAIMANT: KCM Leisure Enterprises, Inc. L A J- �, a Attn: Ms. Marisa Bernetti - ATTORNEY: Laura D. Cason, Esq. d®CIl�? � 2CZI�L� Cason & Associates Date received MARTINEZ CACI4". ADDRESS: 1243 Alpine Road, Suite 108 BY DELIVERY TO CLERK ON April 24, 1995 Walnut Creek, CA 94596 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. DATED: April 24 1995 RAIL BATCHELOR, Clerk eputy II. FROM: County Counsel TO: Clerk of the Board of Supervisors (VJ' 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: / p�J 7 5 BY: b D&AM &4A1 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: )9 q,5, PHIL BATCHELOR, Clerk, By Ilh,, A I Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. * For Additional Warning See Reverse Side Of This Notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have- been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. r Dated: BY: PHIL BATCHELOR b JDeputy Clerk CC: County Counsel County Administrator I 'I Laura D. Cason. Esq. stat. Bal- No. HtO�i RECEIVED Gabriela A. Alvarez, Esq. state tear No. 132052 2 CASON & ASSOCIATESAN Z 1243 Alpine Road, Suite 108 h 3 Walnut Creek, CA 94596 ff CLERK BOARD OF SUPERVISORS Telephone: (510) 932-8408 CONTRA COSTA CO. 4 Facsimile: (510) 932-1035 5 Attorneys for Claimant: KCM ENTERPRISES, INC. 6 7 CLAIM AGAINST TIIE CONTRA COSTA COUNTY 8 CONSOLIDATED FIRE DEPARTNIENT 9 CLAIMANTS' NAMES: KCM LEISURE L=NTERPRISLS, INC. IU Attn: Ms. Marisa Bernetti, President Owner, J.R.'s, a dance club ll AMOUNT Ol: CLAIM: Unascertained at this time; estimated approximately 25,000.00 and 12 continuing. CLAIMANTS' ADDRESS: J.R.'s, 2520 Camino Diablo, #101, Walnut Creck, ('A 94596 14 15 ADDRESS TO WHICH NOTICES ARE TO 16 BE SENT: Laura D. Cason, Esq. CASON & ASSOCIATES 17 1243 Alpine Road, Suite 108 Walnut Creek, CA 94596 18 19 DATE OF INCIDENT: January 14, 1995 20 LOCATION OF 21 INCIDENT: J.R.'s, 2520 Camino Diablo, #101, Walnut Creek, CA 94596 22 HOW INCIDENT 23 OCCURRED: Contra Costa County Consolidated Fire District's Fire Inspector improperly issued close-down order as to Claimant's business 24 establishment; close-door order was improperly implemented/enforced by Walnut Creek Police Department despite its officers' knowledge as to the 25 impropriety of the order. 26 DESCRIBE INJURY 27 OR DAMAGE: Continuing business income losses resulting from improper business closure. 28 2) ITEMIZATION OF CLAIM: Business revenue losses with continuin(y impact: Cover charge and bar 3 4 Dated and executed at Walnut Creek, California, on this 24th day of April, 1995. 5 6 SIGNED BY OR ON BEHALF OF CLAIMANT: 7 CASON fi ASSOCIATES 8 9 10 641� By 11 _aura ). Cason Atturncys fur Claimant 12 KCM 1_I (SUR1: I-NTTRI'RISI S, INC. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Contra Costa County ® Fire Protection District Fire Chief ALLEN LITTLE April 25, 1995 TO: Jeanne Maglio, Chief Clerk Clerk of the Board of Supervisors Office FROM: Michael George, Chief of Administrative Services SUBJECT: Claim Against the Contra Costa County Fire Protection District DATE: April 25, 1995 Please find attached a claim against the Contra Costa County Fire Protection District that was hand-delivered to me on April 24, 1995 The claimant ' s name is KCM Leisure Enterprises, Inc. The claim involves an incident which occurred on January 14, 1995 in which it is alleged that a District Fire Inspector improperly issued a close-down order to claimant' s business establishment. Please contact me at 6-6500 for further information regarding this claim. MG:pj Attachment ❑ 2010 GEARY ROAD-PLEASANT HILL,CALIFORNIA 94523-4694-TELEPHONE(510) 930-5500-FAX 930-5592 ❑ 1500 WEST FOURTH STREET-ANTIOCH,CALIFORNIA 94509-1099-TELEPHONE(510) 757-1303-FAX 754-8852 RECEIVED 1995 1 Laura D. Cason, Esq. titrate Har No. 91953 [!A!R7'2� 5' Gabriela A. Alvarez, Esq. state star No. 132052 CLERK s573.�� -R VISORS 2 CASON & ASSOCIATES 1243 Alpine Road, Suite 108 3 Walnut Creek, CA 94596 Telephone: (510) 932-8408 4 Facsimile: (510) 932-1035 5 Attorneys for Claimant: KCM ENTERPRISES, INC. 6 7 CLAIM AGAINST THE CONTRA COSTA COUNTY 8 CONSOLIDATED FIRE DEPARTMENT 9 CLAIMANTS' NAMES: KCM LEISURE ENTERPRISES, INC. 10 Attn: Ms. Marisa Bernetti, President Owner, J.R.'s, a dance club 11 AMOUNT OF CLAIM: Unascertained at this time; estimated approximately $25,000.00 and 12 contiI1111n0. 13 CLAIMANTS' ADDRESS: J.R.'s, 2520 Camino Diablo, #/101, Walnut Creek, CA 94596 14 15 ADDRESS TO WHICH NOTICES ARE TO 16 BE SENT: Laura D. Cason, Esq. CASON & ASSOCIATES 17 1243 Alpine Road, Suite 108 Walnut Creek, CA 94596 18 19 DATE OF INCIDENT: January 14, 1995 20 LOCATION OF 21 INCIDENT: J.R.'s, 2520 Camino Diablo, #1101, Walnut Creek, CA 94596 22 HOW INCIDENT 23 OCCURRED: Contra Costa County Consolidated Fire District's Fire Inspector improperly issued close-down order as to Claimant's business 24 establishment; close-door order was improperly implemented/enforced by Walnut Creek Police Department despite its officers' knowledge as to the 25 impropriety of the order. 26 DESCRIBE INJURY 27 OR DAMAGE: Continuing business income losses resulting from improper business closure. 28 1 ITEMIZATION OF 2 CLAIM: Business revenue losses with continuing impact: Cover charge and bar receipt losses. 3 4 Dated and executed at Walnut Creek, California, on this 24th day of April, 1995. 5 6 SIGNED BY OR ON BEHALF OF CLAIMANT: 7 CASON & ASSOCIATES s 9 10 By I1 aura D. Cason Attorneys for Claimant 12 KCM LEISURE ENTERPRISES, INC. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA imay 16, 19953 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: $450,000.00 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: Lloyd Heldris , ^1~ ATTORNEY: .a Date received CCUOFh0CI!.Ycc-L ADDRESS: 3072 Valleywood Ct. BY DELIVERY TO CLERK ON April 24, 111995*4EZCALIF. San Jose, CA 95148 BY MAIL POSTMARKED: April 21, 1995 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PpHHIL BATCHELOR, Clerk DATED: April 24, 1995 BY: Deputy 11. 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: 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 (d) 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: 9J;_ PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov, code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. * For Additional Warning See Reverse Side Of This Notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: Ada— BY: PHIL BATCHELOR b 1 Deputy Clerk CC: County Counsel County Administrator Claim to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT,, A. Claims relating to causes of action for death or for injury ..a 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.,prresente¢. 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 j.:'.651 Pine Street, Martinez, CA 94553• Ce' If claim is 'against a district governed by the 'Board of Siiperv13or3,'rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity,' separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at the end of this orm. RE: Claim By ) Reserved for Clerk',: filing stamp ) Against the County of Contra sta ) APR 2 _ or rr J �E'ST 1eo7�ie (.�S A a 01 L '�,District) c��RK C of su ewISORS (Filln name �' CONTRA COSTA CO. The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District ',in ,the Cum .of 9:5*01 m O O and in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact date and hour)', a t� 6 ? Y_Y 2. Where did the damage or injury occur? (Inclu a city and county) JvOy;F E z �At. .S'y� Rt��e Cove r Soos�®ER.S - ---Y-- --�Y�- 3. How did the damag or injury occur? (Give full details; use extra paper if required) 2 !, hS S1,AA) F.ZE_A XAM Z14reL rtO BY / lX rIIYXA146�-4 eR� CJ /u to 0 A-r Dee t&e',v m� T'a.4,01fe tltt- 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? F R P f u9 f}o 541p .r 145 s rbc X l�J it #/,*t .r 1104E Al&&11" M tr A4r#.4A 1eZ PR I P�P. s0le L004r MAAS6,,Apr (over) 5. What are the names of county or district officers, servants or employees causing the damage or injury? AJ.41#4A)t eL FR i P P - A0 jol,,015 rr.t A•ra P_ Oaf r 4d rAW C sr,4 1'os L c. 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. h IM s W df JR111 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) '/ NB E� J4 POD 0),4,56rDI A6 1( rii PP 10Wf rte- Al.1e- � 4CDIMPL 6_661"ME RM219ftk 8. Names and addresses of Witnesses, doctors and hospitals. TO D G Er J-00104 S44bekS KAtHL V-A, ) dt-A)04 4M y _ 9. List the expenditures you made on account of this accident or injury: DATE ITEMAMOUNT kl Fp .e,v�- �4TY� r `s !='SEs `�a, 4040 a E A5VrrRAk,v- rRhc�E� Ex,PE,�sEs Gov. Code See. 910.2 provides: "The,.claim must be signed by the claimant SEND NOTICES TO: (Attorney) or by some Personjon-his behalf." Name and Address of Attorney PR a SC-- la t s Signature mo �oc� Ir (Address)' 5 67 A rry no Oe �J,#rP it�Te 2 ... .g6 Telephone No: .: .Zi , -Y , Telephone No.lie- a: NOTICE section 12 of the;Penal"Code providesr "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 ,distriet board or officer; authorized to allow or. pay the same if genuine, any .false or fraudulent . ,`"claim, bill, account, voucher, or writing, is punishable either -by imprisonment in the county jail for a period of not more than one year, by a fine of not exceeding one thousand ($1,000), or by both such imprisonment and fine, or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars ($1090009 or by both such imprisonment' and fine. y r; t: 40 I - "` ;;' lk CLAIM I • i BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA May 16, 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 Section 913 and 915.4, Please note all "Warnings". Amount: $475,000.00 CLAIMANT:Lloyd Heldris ATTORNEY: 12 1j u �J Date received COUAiB'y0� ADDRESS: 3072 Valleywood Court BY DELIVERY TO CLERK ON April 24, 199�59��irr;� CAL ig:+ San Jose, CA 95148 BY MAIL POSTMARKED: April 21, 1995 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim, PpHHIL BATCHELOR, Clerk DATED: April 21, 1995 BY: 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). It ( ) 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: S / 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 (J) This Claim is rejected in full . ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: PHIL BATCHELOR, Clerk, By Deputy Clerk ti WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. * For Additional Warning See Reverse Side Of This Notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: BY: PHIL BATCHELOR by ' eputy Clerk CC: County Counsel County Administrator Claim to: BOARD OF SUPERVISORS OF CORMA COSTA COUNTY DonuCTIONS TO CLAIMANT A. Claims relating to causes of action for death or for injury ..a person or to per conal property or growing crops and which accrue an or 'before Deoember 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 presenteg .not later than"six,months. after the accrual of the.eause 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 thetlerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651,Pine.Street, ,Martinez9 CA 94553• . `. C. , If claim is against a district governed by the Board of Supervisors, rather than the County, ttw'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. * * * * * * * * * * * * * * * a • * * * * * * * a * * a * * * * * * * * * * * * * * * RE: Claim By ) Reserved for. Clerk's filing stamp -APR 2 4 11 Against the County o Contra sta. ) i or : /" ELER� ARD OF SUPERVISORS Ars-r L'aaone Les1l� OS 1r�4L District) O OS (Fill in name )` The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named"District,'in the sump of ,$ �F'S Dee and in,support of this claim represents as follows: �---w-ww----ww-a- . 1. When did the damage-\`oriinjury occur? (Give exact date and hour) J 4,w4R 2. Where did the damage or injury occur? (Include city and county) 5Ao 3. How did the damage or injury occur? (Give full details; use extra paper if required) : .r cj*s �I oELEo 1 .40 6 W04rd rea By k#AO I e-t- r-,e I" CIA; 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury cr damage? 6 A46FXY ARReire-p Avo 14V 01-540407b 4XIIe4 ERiP P (16trIZOAS Xizitcsr) (over) 5. What are the names of county or district officers, servants or employees causing the damage or injury? A)ArK ,vI� FQ t P Pi C�40 �t(CeffP6) m OEs r cay. tesr M D s rR1,cT' 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. _Attach two estimates for auto damage. WA A 4350W eAJ r .CitoT 0,9,41 PtarRerss /V 04 5 1,0y &)r-PA 111.4 C'Y rvBLlAt/ 1.4 7-1" 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) EXIMA%er kW iF.0 Tm «0k AARe5f A)e 1E�&*rio0 045 �s�bl RE40R6 S. Names and addresses of witnesses, doctors and hospitals. PR. R 64.42 b BOr-AAV if J P�4840 A041COF Ofhr 1044r*400#" PLUS 3/q 0A veA)r1r-/,rD SAa pr�8�� Pvticf ,SEs� vIs yeas, �f PArccorf 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT Arm acy`s rep-ers lfjl ema 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 FR e) se- (Wioants Signature) erg Da .� � 64 (Address) rSA0 ,T,Ov�� /� 9%r/�f� Telephone'lid:r es. Aow,,-4�ro, Telephone No d_ aaaaeaa: eeeee � _ � e , NOTICE Section 72 of the Penal Code provides: "Every person ubo, With intent to defraud, presents for allowance or for payment to any.atate board or officer, or to. any,county, eity ,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 (4109000, or by both such imprisonment and fine. 4k 1� qLl 4, j Ilk 5 Q J CLAIM S. BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA May 16, 199 5� Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) ,40TICE TO CLAIMANT and Board Action. All Section references are to ) The' ccjpy 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 "Wa.rnings" CLAIMANT:Dublin Unified School District APR � ATTORNEY:Jeffrey C. Tung COUNTvc®UwsEL 180 Montgomery St. , Ste. 1000 Date received MARIEI1gEZCALIF. ADDRESS: San Francisco, CA 94104 BY DELIVERY TO CLERK ON April 20, 1995 BY MAIL POSTMARKED: April 19, 1995 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. ��IL BATCHELOR, Clerk DATED: April 20, 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). ( ) Other: Dated: °J!p�/ —C/ 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. * For Additional Warning See Reverse Side Of This Notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: BY: PHIL BATCHELOR by eputy Clerk cr CC: County Counsel County Administrator BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT A. Claims relating to causes of action for death or for injury to person or to per- sonal property or growing crops and which accrue on or before December 31, 1987, must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or after January 1, 1988, must be presented not later than six months after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Govt. Code §911.2.) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at the end of this form. RE: Claim By ) Reserved for Clerk's filing stamp Dublin Unified School District ) RECEIVED Against the County of Contra Costa ) APR 2 0 1995 Contra Costa PZ I c Works- ) Contra Costa Transportation District) CLEI IK Bo D OF SUPERVISORS Fill in name ) COPJTRA COSTA CO. The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ according to proof -, and in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact date and hour) October 5, 19y3,1.1::Z5 p.m. ------------------------------------------------------------------------------- 2. Where did the damage or injury occur? (Include city and county) Unincorporated area in Contra Costa County, Brentwood. Intersection of State Route 4 and Sellers Avenue -------------------------------------- - ------------ -- 3. How did the damage or injury occur? (Give full details; use extra paper if required) See Attachment ------------------------------------------------------------------------------------ 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? See Attachment (over) • N 4 zf, y 7 a 0 u� S. �, 0 w a y d a v 2 �� Q d 1,9,NX3 5. What are the names of county or district officers, servants or employees causing the damage or injury? Unknown at, this time. ------------------------------------------------------------------------------ 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. See Attachment. 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) See Attachment. ------------------------------------------------------------------------- 8. Names and addresses of witnesses, doctors and hospitals. See Attachment. ------------------------------------------------------------------------------------- 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT See Attachment. Gov. Code Sec. 910.2 provides: ` IlThe claim must be signed by the claimant SEND NOTICES TO: (Attorney) or by. some person on his behalf." Name and Address of Attorney Jeffrey C. Tung Imai , Tadlock & KeeneyC11ai ' t 180 Montgomery Street, Ste. 1000 Du in U if o str�ice- San Francisco, CA 94104 1471 Larkdale Avenue Address Dublin, CA 94568 Telephone No. (415) 989-8687 Telephone No.(5!0) 828-255! * 4 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. s EXHIBIT A 1 CLAIM TO BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Attachment 2 3 3 . a. On October 5, . 1993 , in an unincorporated area of 4 the County of Contra Costa, Brentwood, California, at the 5 intersection of State Route 4 and Sellers Avenue, plaintiff 6 STEVEN WOLFE, a minor, sustained personal injuries resulting from 7 a motor vehicle accident. 8 b. On April 4, 1994, plaintiff submitted his "Claim 9 Against Dublin Unified School District. " On May 11, 1994, the 10 DUBLIN UNIFIED SCHOOL DISTRICT rejected the claim in its W 11 entirety. z w Wo . 12 C. As a result of plaintiff' s injuries, plaintiff, by w�3o; o � 13 and through his guardians ad litem, instituted on October 4, 1994 U LL x 0¢ U m 0 0 ,°11 ° 14 an action for personal injuries in the Alameda County Superior Z JA Nz<0 CC � 2' - 15 Court, Wolfe v. Dublin Unified School District, et al . , Alameda H o � Q 16 County Superior Court Action no. 741822-4 . Plaintiff sets forth 17 causes of action in general negligence. against defendant DUBLIN 18 UNIFIED SCHOOL DISTRICT and defendant Connie Louise Gillespie. 19 The facts and circumstances surrounding the accident are set 20 forth in the Complaint, attached as Exhibit A. There has not 21 been an entry of judgment in this action and defendant DUBLIN 22 UNIFIED SCHOOL DISTRICT has not entered into a settlement with 23 plaintiff as a compromise of plaintiff' s action against defendant 24 DUBLIN UNIFIED SCHOOL DISTRICT. 25 d. Plaintiff served his Summons and Complaint on 26 defendant DUBLIN UNIFIED SCHOOL DISTRICT on December 6, 1994 . -1- F:\DMS\JT.D1R\0044194.WP 1 4 . Defendant DUBLIN UNIFIED SCHOOL DISTRICT brings this 2 claim against the County of Contra Costa, the Contra Costa Public 3 Works and/or Contra Costa Transportation Departments (hereinafter 4 collectively as "County of Contra Costa" ) for Indemnification on 5 the grounds that the County of Contra Costa was in part or in 6 whole responsible for the injuries sustained by plaintiff. 7 Defendant DUBLIN UNIFIED SCHOOL DISTRICT is informed and believes 8 that the County of Contra Costa negligently designed, constructed 9 and/or maintained Sellers Avenue in such a way that drivers 10 crossing State Route 4 from Sellers Avenue cannot readily see the �. 11 cross traffic on State Route 4, resulting in an unsafe, hazardous w Z w wo 12 and dangerous condition at the subject intersection. w �3o;o � 13 Furthermore, foliage on or along Sellers Avenue and State Route 4 U U U m LLU W�mm oo '01m 14 created an obstruction of vision to eastbound traffic. Defendant 3a rZN a A m 0< a Z 015 DUBLIN UNIFIED SCHOOL DISTRICT is further informed and believes H mQ 16 that the County of Contra Costa had prior knowledge and notice of 17 the hazardous condition associated with the subject intersection. 18 6 . and 7. Damages to plaintiff is according to proof . The 19 amount of indemnification owned by the County of Contra Costa to 20 defendant DUBLIN .UNIFIED SCHOOL DISTRICT is according to proof, 21 should defendant DUBLIN UNIFIED SCHOOL DISTRICT be held liable in 22 any way, form or manner to plaintiff. 23 8 . Please refer to California Highway Patrol Report, 24 attached to the Complaint for witnesses. 25 The DUBLIN UNIFIED SCHOOL DISTRICT is informed and believes 26 that plaintiff was treated by the following healthcare providers: -2- F:\DMS\3T.D1R\0044194.WP I a. John J. Dann, III, M.D. , D.M.D. , 400 El Cerro 2 Boulevard, Suite 202 , Danville, CA 94526, (510) 838-7451; 3 b. Barbara J. Cretan, D.D.S . , 221-3rd Street, 4 Livermore, CA 94550 (510) 449-8788; 5 C. Robert A. Rovner, M.D. , 5575 West Las Positas, 6 Suite 330, Pleasanton, CA 94588 (510-) 847-9270; 7 d. Tracy L. Trotter, M.D. , 9260 Alcosta Boulevard, 8 #14, San Ramon, CA 94583 ; 9 e. John Muir Medical Center - Trauma Center, 1601 10 Ygnacio Valley Road, Walnut Creek, CA 94598; w 11 f. Children' s Hospital, 747-52nd Street, Oakland, CA w wo 12 94609 ; �m � ;o '. 13 g. San Ramon Valley Primary Care, 200 Porter Drive, 0 LLU ° o �0 14 Suite 300, San Ramon, CA 94583 (510) <� A N O � tl Z m015 9 . Attorneys' fees and costs for court filings and for H - N 16 discovery. 17 18 19 20 21 22 23 24 25 26 -3- F:\DMS V T.DHZ\0044194.WP SUMMONS (CITACION JUDICIAL) F"cowry ref Duty NOTICE TO DEFENDANT: (Aviso a Acusado) 0&0 FA"WOOF M CORTE) .DUBLIN UNIFIED SCHOOL DISTRICT, a :publi.c , entity, CONNIE LOUISE GILLESPIE. and DOES 1 through 10, inclusive _ YOU ARE BEING SUED BY PLAINTIFF: (A Ud. le esti demandando) STEVEN WOLFE, a Minor, by MITCHELL D. WOLFE and CAROL G. WOLFE, his Guardians ad Litem You have 30 CALENDAR DAYS after this sum- Despufs de que le enMeguen esta diacid»jud dal usted mons is served on you to file.a typewritten re .bene un plaza de 30.DIAS CALENDARiOS para priesentar sponse at this court. una respuesta esaft a rndquina en esta corta A letter or phone cail.7will not protect you:your Una carte o una Amada telefdnica no to ofreced typewritten response must be in proper legal proteaddn; su.respuesta escrita,a mdquina bene que form H you want the court to hear your case. cumptir con las foanalidades legates apropiadas si usted If you do not file your response on time,you may - quiere que le torte escuche su caso. . lose the case,and your wages,money and pro- Si usted no pnesenta su respuesta a tiem pq,puede petder party may be taken without further warning from d casq,yk pueden quitarsu saLuk su dinero yotras cosas the court. de su proptedad sin aviso adidonal por parte de la.corte. Thera are other legal requirements. You may f.xisten otros requisitos legates. Puede que usted quiera want to call an attorney right away.If you do not Ilamar a un abogado inmediatamente Si no conte a un know an attorney,you may call an attorney refer- abogad4 puede 11amar a un servido de referenda de - ral service or a legal aid office(fisted in the phone abogados o a una ofidna de ayuda legal(yea d directorio \) book). tetefdnico). case (J Nine avu�e�o e+.oe2 4The name and address of the court Is: (EI nombre y direcci69 de la torte es) 7 4 1 2 ALAMEDA COUNTY SUPERIOR COURT 4 1225 Fa11on. Street Oakland, CA 94612 The name.address. and telephone number of plaintiff's attorney, or plaintiff without an attorney, Is: (El nombre, la direcd6n y el numero de tel6ono del abogado del demandante, o del demandante que iso bene abogado, es) ALLAN DeFRAGA. M7430) /RICHARD S. BRUNO ($113081) , GORDON, DeFRAGA, WATROUS & PEZZAGLIA 611 Las Juntas Street, P. 0. Box 630 Martinez, CA 94553 (510) 228-1400 RCN�ILO G.{��'r��r;JCt"-�n�;;. jc�.t�lr�ti� DATE , �. 3-W Clerk, by , Deputy JFecha) Mctuado) (Detepdo) IW+U NOTICE TO THE PERSON SERVED: You are served i. Q] as an individual defendant 2. [Q as the person sued under the fictitious name of(speayi: 3. on behalf of (specify): 7bG'8r llu UN//c/Ea {fC'CaG_D under. Q CCP 416.10 (corporation) Q CCP 416.60 (minor) Q CCP 416.20 (defunct corporation) Q CCP 418.70 (conservatee) Q CCP 416.40 (association or partnership) Q CCP 416.90 (individual) other. h�titSCle EZ7I1y 4. [ ] by personal delivery on (date): /,L�f/jr'� r.Y.Y..iA-4 w.,a.,r.ens .- In Re: STEVEN WOLFE v. DUBLIN UNIFIED SCHOOL DISTRICT, et aL Alameda County Superior Court Action No. 7418224 PLAINTIFF'S WRPITEN STATEMENT Pursuant to Alameda County Superior Court Local Rule 4.2(2), plaintiff, STEVEN WOLFE, submits the following information: (a) Biographical and Famfly Information: (i) STEVEN WOLFE. (ii) Date of Birth: June 3, 1987. (b) Damages Information: (i) Plaintiff; a minor, makes no claim of wage loss. (ii) Plaintiff, a minor, is not employed. (iii) Medical special damages total approximately $40,000.00. (iv) There are no discoverable Social Security or employment records. (c) Medical Information: (i) As a direct and proximate cause of defendants' negligence, plaintiff sustained traumatic injuries to his head, spine and lower extremities. Plaintiff initially received care and treatment for these injuries at John Muir Medical Center Trauma-Facility at Walnut Creek, CA,and was subsequently transported to Children's Hospital in Oakland, where he received orthopedic and neurologic care for the injuries sustained. (ii) Tracy Trotter,M.D.,400 El Cerro Blvd.,Suite 106,Danville,CA 94526. John Muir Medical Center(Emergency Room-Trauma Center), 1601 Ygnacio Valley Road, Walnut Creek, CA 94596. Children's Hospital Medical Center, 747 - 52nd Street, Oakland, CA 94609. (iii) Medical records are available from the above-mentioned health care providers. o�s�ooF . ENDORSE:® ALAMELRD A COUNTY I ALLAN DeFRAGA (#V430) OCT 4:7 1994, RICHARD S. BRUNO (#tmi) RONALD UVEMOLT,Ezf.Of jerk GORDON, DeFRAGA, WATROUS By Robbie Winiosh & PEZZAGLIA 3 A Professional Corporation 611 Las Juntas Street 4 1p. O. Box 630 Martinez, California 94553 5 Telephone: (510) 228-1400 O Facsimile:, (510) 228-3644 6 5155vEQ Attorneys for Plaintiff SUMMON 7 STEVEN WOLFE 8 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE COUNTY OF ALAMEDA 10 11 STEVEN WOLFE, a Minor, by MITCHELL j D. WOLFE and CAROL G. WOLFE, his ) 6Z 4 12 Guardians ad Litem ) NO. ) 13 Plaintiffs ) COMPLAINT FOR DAMAGES ) 14 Vs. ) ) 15 DUBLIN UNIFIED SCHOOL DISTRICT, a j public entity, CONNIE LOUISE ) 16 GILLESPIE, and DOES 1 through 10, ) inclusive ) 17 j Defendants ) 18 ) 19 Plaintiff, through his Guardians ad Litem, alleges: 20 1. On or about October o2/0, 1994, MITCHELL D. WOLFE -21 and CAROL G. WOLFE, and each of them, were appointed Guardians ad 22 Litem of plaintiff, STEVEN WOLFE, a minor' of the age of seven 23 years, by order . of the above-entitled Court, and are now the 24 qualified and acting Guardians ad Litem of plaintiff for purposes 25 of this action. 26 2. Defendant, DUBLIN UNIFIED SCHOOL DISTRICT, is and at N+a rEu .LAW CORPORATION P.O. Box .30 —1.. R"NM CALM.94553 ,D I all times herein mentioned Was, a school district duly organized- 2 and existing under the laws 'of the State of California. 3 3. At all times herein mentioned, plaintiff, STEVEN 4 WOLFE, was a resident of the City of Dublin, County of Alameda, 5 State of California, and a student duly enrolled at and attending 6 Nielsen Elementary School owned, operated and maintained by 1 defendant, DUBLIN UNIFIED SCHOOL DISTRICT. 8 4. On April 5, 1994, plaintiff presented to defendant, 9 DUBLIN UNIFIED SCHOOL DISTRICT, by delivering to the business 10 offices thereof, a written claim for the injuries, disabilities, 11 losses and damages suffered and incurred by him by reason of the 12 occurrence described below, all in compliance with the requirements 13 of §S900, et seq. of the Government Code. A copy of the claim is 14 attached hereto as Exhibit "A" and made a part hereof. 15 5. On or about May 11, 1994, defendant, DUBLIN UNIFIED 16 SCHOOL DISTRICT, rejected said claim in its entirety. A copy of 11 said rejection is- attached hereto, marked Exhibit "B" and made 'a 18 :part hereof. 19 6. The true names and capacities, whether individual, 20 corporate, associate or otherwise of defendants named herein as 21 DOES 1 through 10 are unknown to plaintiff who therefore sues said 22 defendants, and each of them, by such fictitious names and 23 plaintiff will amend this complaint to show their true names -and 24 capacities when the same have been ascertained. 45 7. Plaintiff is informed and believes and thereupon 26 alleges that each of the def endants ' designated herein as DOE is DX WRAGk wATF" AM PEM" LAW CORIOr AT10N •.O. SOS.30 -A- .. VTW Qy G4LY,f433� f• fad ► negligently responsible in some manner for the events and 2 happenings herein referred to and negligently caused injury and 3 damages proximately thereby to plaintiff as herein alleged. 4 8. At all times herein mentioned, defendant, CONNIE 5 LOUISE GILLESPIE, was the owner and operator of a 1989 Honda Accord 6 automobile. At all times herein mentioned, said defendant was and 7 now is a resident of the City of Dublin, County of Alameda, State 8 of California. 9 9. At all times herein mentioned, defendant, CONNIE.. 10 LOUISE GILLESPIE, was the special agent of the defendant, DUBLIN 11 UNIFIED SCHOOL DISTRICT, for the purpose of taking plaintiff and 12 other students on a "field trip" authorized by defendant, DUBLIN 13 UNIFIED SCHOOL DISTRICT. At all times herein mentioned, defendant, 14 CONNIE LOUISE GILLESPIE, was acting in the course and scope of said 15 agency. The accident or occurrence referred to herein occurred i6 during normal school hours and at all of said time, plaintiff was 17 under the care, custody, control and supervision of defendants, and 18 each of them. 19 10. At all times herein mentioned, State Highway 4 was 20 and now is a public highway in the unincorporated area of the 21 County of Contra Costa, State_ of California, which runs in a 22 general easterly and westerly direction. At all times herein 23 mentioned, Sellers Avenue was and now is a public highway in said 24 County and State, which runs in a northerly and southerly direction 25 and intersects with State Highway 4 at approximate right angles. 26 11. On or about the 5th day of October, 1993, at SOON. WPAGk WATMA ANO PaZA" LAW CCRPCRATICN P.O. son S" 3 1RTitv[Z CALM 04333 43101 226-1400 I approximately 12:25 p.m. on said day, plaintiff was a passenger-in" 2 the 1989 Honda Accord automobile that was being driven and operated 3 by defendant', CONNIE LOUISE GILLESPIE, in a southerly direction 4 along and upon Sellers Avenue at a point where Sellers Avenue 5 intersects with State Highway 4 in an unincorporated area of the 6 County of Contra Costa, State of California. At said time and 7 place, defendants, and each of them, so negligently and carelessly 8 drove, maintained, operated, controlled and entrusted said 1989 9 Honda Accord automobile so as to cause the same to run into and 10 violently collide with a loaded lumber truck which was then and H there being operated in an easterly direction on State Highway 4 12 and as a proximate result thereof, plaintiff was thrown in and 13 about said automobile and had inflicted upon him the injuries as 14 hereinafter alleged. 15 12. By reason of the carelessness and negligence of said 16 defendants, and each of them, and as a proximate result thereof, 17 plaintiff was severely injured in that he sustained traumatic 18 injuries to his head, spine and lower extremities, together with 19 severe shock to his entire nervous system. By reason of said 20 injuries, plaintiff has and will suffer great physical pain and 21 mental anguish and said injuries will have a permanent effect on 22 said plaintiff. 23 13. By reason of the carelessness and negligence of said 24 defendants,• and each of them, and as proximate result thereof, 25 plaintiff has been generally damaged in a sum in excess of the 26 1 minimum jurisdiction of the above-entitled Court. BOON. O�AGl1 WATFM MID PfaA" 4AW CORPORATION P.Q.sox sao —4— cwur.sass� 1 14. By reason of the carelessness and negligence of said 2 defendants, and each of them, and as a further proximate result 3 thereof, plaintiff was required to and did incur obligations for x- 4 rays, hospital, ambulance costs, nursing care, medical care and 5 attention and medications, the exact amount of which cannot be 6 ascertained at this time. Plaintiff is informed and believes that 7 as a further proximate result of the negligence of defendants, and 8 each of them, he will be required to obtain additional medical and 9 related expenses in the future. Plaintiff prays leave to amend 10 this paragraph and insert the reasonable value of his past and I1 future medical special damages when the same can be ascertained. 12 15. Plaintiff is informed and believes and thereupon 13 alleges that by reason of the carelessness and negligence of said 14 defendants, and each of them, and as a further proximate result 15 thereof, plaintiff's injuries as herein alleged may have resulted 16 in permanent brain damage which may diminish and decrease 17 plaintifffs future earning capacity in an amount which cannot be 18 ascertained at this time •and plaintiff prays leave this amend this 19 paragraph and insert the reasonable value. of plaintiff I's loss of 20 earning capacity when the same can be ascertained. 21 WHEREFORE, plaintiff prays judgment against defendants, 22 and each of them, as follows: 23 1. For general damages according to proof; 24 2. For past and future medical expenses according to 25 Proof; 26 3. For loss of earning capacity according to proof; RM WPAGA. WATF" AM PEIIA" A L4W CORPORATION RQ-DOt 630 wrn+¢uw.oaasa 1 4. For costs of suit incurred herein; and - 2 5. For such other and further relief as the Court may 3 deem meet and proper in the premises. 4 5 DATED: October , 1994 6 GORDON, DeFRAGA, WATROUS & PEZZA 7 8 By IV RICHARD S. BRUNO 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 OLVZM )ON. DOWA. WATMS ANO PMAa A LAW.CORPORATION P.0' sa:Cao _6- iTIN"-CJIUP.94553 (5101 2,te•u0o CLAIAi AGAINST - 2 DUBLIN UNIFIED SCHOOL DISTRICT 3, TO: DUBLIN UNIFIED SCHOOL DISTRICT 7471 Larkdale Avenue f 4 Dublin, CA 94568 5 1. NAME AND- ADDRESS OF CLAIMANT: 6 Steven Wolfe 7507 San Sabana Road 7 Dublin, CA 94568-2245 8 2. ADDRESS TO WHICH ALL NOTICES SHOULD B8 SENT: .9 GORDON, DeFRAGA, WATROUS & PEZZAGLIA Attention: RICHARD S. BRUNO 10 P. O. Box 630 Martinez, CA 94553 11 12 3. DATE AND PLACE OF ACCIDENT: 13 On October 5, 1993, at approximately. 12:25 p.m. 14 A truck-automobile collision occurred at the intersection 15 of State Route 4 and Sellers Avenue in the unincorporated area of 16 Contra Costa County, California, Delta Beat. Steven Wolfe was a 17 passenger in the automobile and a student in the care and custody 18 of the Dublin Unified School District on an authorized, field trip. , . 19 4. CIRCUMSTANCES GIVING RISE TO THIS CLAIM: 20 At the above time and place, claimant was a passenger in 21 a motor vehicle being driven by Connie Louise Gillespie. The 22 vehicle was transporting students in the Dublin Unified School 23 District, including Steven Wolfe, on a District authorized field 24 trip. _Due to the negligent operation of the motor vehicle by the 25 Dublin Unified School District; its agents, employees, managers, 26 acid designated drivers, who were providing transportation to their D0H °ERAGA. a w" u,oEBHIBIT "A" LAW /1 -1- V rtPAX 009 430 " CORPORATION , wnnC1.GLv,04553 1 1 students, including claimant herein, claimant was caused to sustain 2 serious-personal injuries. 3 A copy of the traffic collision report dated October 5, 4 1993, Report No. 10-45 by the California Highway Patrol, is S attached hereto. 6 5. GENERAL DESCRIPTION OF CLAIMANT'S INJURIES: 7 As a result of said motor vehicle accident, claimant was 8 caused to sustain traumatic injuries to his head, spine and lower 9 extremities. He initially received care and treatment for these 10 injuries at the John Muir Medical Center Trauma Facility at Walnut 11 Creek, CA, and was subsequently transported on October 5, 1993, to .12 Childrens Hospital located at 747 52nd Street, Oakland, CA -94609, 13 where he received orthopedic and neurologic care for the injuries 14 sustained in the above-mentioned accident. 15 A copy of the Children's Hospital discharge summary is 16 attached hereto. 17 6. THE NAMES OF THE PUBLIC EMPLOYEES CAUSING THE INJURY: 18 Unknown at this time. 19 7. CLAIM OF STEVEN VOLPE: 20 As of this date, the claim of Steven Wolfe is an amount 21 that would place it within the jurisdiction of the superior Court 22 of the County of Contra Costa. The claim is' based on personal 23 injuries in an amount to be proved later. 24 DATED: . April 41- 1994 COR4, 17AGA, WATROUS &25 B26 S. 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IMF R!'31V i / i � </ s > > i �/ t• s i ,� is .� � i � I I �. .L/ ' .L/ ♦ i► 1 0' a I � l Ii/ � i� i � l / I/ I II � / � ♦ I STAYS OF MkWIA 61-94T NARRkTIVEISUPPLEMENTAL OR .. _ v t^ I TfPE SUPKEJAWAL7 .�� Narradve ►moicomsion mpw . BA ■ Wit a;W run update ■ SuppleamtalOther00ther • LOCATKW3LSJECT STATE HK;hWAYMATED oyes -Cho 4 ♦ / I 2. t 1 ..• L 7. Arn S. • / i i ♦ ' • ! I / i 13. I ! / I / / l / / ♦ 1 I i I I ✓ _ . iSL / i 11-4 17. / 1 / / / / L ♦ L L 2 1. LOA / / gC 23. 24. i / / i IIL 26. aL I 27. i / I I L /Ar ler/ ♦ t / I PP"APVM NAME AJQ LM MMSER US DATE � G I • • . 7 • m r C •r7 . M W ! off V / I MIN M I�ZveA i G . s C • i / l iWWWA ✓ r /��+// • ! -awl i / 1 FrY 1 VIr Till K9p.a ! i .. . • _ / v / i . / — i / r pr � r � I I �/ � i / .� ♦ ` LI l / i 1 N NAR�.AT1V'.E/SUPPLEMENTAL cigp 556(RAY 7-90)on 042• Page GATE of TWE$24" NGC NUMSER• OFFICER La.NUMBER •- NUMER i2lzz- 19 579 . .,row x ONE TYPE SWPLEUDff!L MAPPUCA&Q ' Nalratirie �J co�si«L ._.__ — 0 eA update •.'0 Fatal .•. 0 M upplelootwr-,.- , ails ,update • - -•— • 0 sme W 0 Ha=dous materials '=0 school bus ❑other. ,Crly.4c LwraAmxwl OLSTAICT.^. '-- PEPORTWC 015TRCTAWAr CITATION NMSER •LpCAT1011ISLJBJ6CZ; .:�-=•• -:j .. •. STATE HCHWAY RETATEO Oyes ❑No z-w . 1. V-2 :4PP-4e0AcNI`� i4tip �y/_ GED I �� z2e�E •/.JYiC,t�J - 2-�4C;F g- .-, 4. ��N %V o c kz�2 V �'/ P i> L L I,y l l�J E-de 92,,-v Y g2 A' ! 5. 1X 2 S /2 J AM 7' 'ea. a12 - i_ _J� /,[I S 6.�h.�-1��'.� -I,c>/5l'� r' �'.o u S•� y /�G 1 s vim-N T-�• .t��7-�mss'� 10- 11. F' .00- 13- 41 _ - -.� .. J rr.. .•�•- • •,,,rte .p... . . • .14_Syo�.�,J• . �Z 7 x- Fd r_Z:"-4 z ' JJ 115. • . . . 1��+�1.1 S,P- Ziyit_g::i2.:92 L L /s /o -,i t--AZA g (_14 <' Z2 i4 k /0-Z x 17- d 18. 19. - 20. 21. a 22. 23. 24. r'1• s . . ' 25. 26. 27.- 28. ] tin 29. 30. 31. PREPARM NAME ANO LO.NLAASER bATE REVIEWERS NASAE OATE Use previous editions until depleted• 90$75t1 DISCHARGE SUHHARY WOLFE. STEVEN CHILDREN'S HOSPITAL OAKLAND M.R.# 529532 BIRTHDATE:' 06/03/87 SUHHARIZED BYS NARY WATTS. N.D. _ ATTENDING PHYSICIANS DATE OF ADMISSIONS 10/05/93 f ` DATE OF DISCHARGES 10/08/93 - ADHISSION DIAGNOSIS: Closed head trauma and lett hemiparesis.+ DISCHARGE DIAGNOSIS: Status post closed head trauma from a • motor vehicle accident; resolved left hemiparesis and right anterior crest ilium fracture. HISTORY OF PRESENT ILLNESS: The patient is a 7-year-old male who was in the back seat of a vehicle, restrained with a lap belt, when the car was hit by a semi truck. All passengers in -the car were injured. The patient had a loss of consciousness at the scene, but was arousable ® with increasing wakefulness. However, he was periodically somnolent.. The patient was taken to John Muir Hospital Emergency Room where he had a decreased_ neural and mental status. with increasing shallow breaths and apneic episodes, as long as 30 seconds. The patient was intubated and sent for a head CT. The head CT was read as negative, without bleeding. hemorrhage or fractures. The patient has pronounced - anisocoria, and was noted to have a right pupil at 4 as and a left at 8 an, which was sluggishly reactive. The patient was paralyzed with Pavulon and ieorphine and taken to the Intensive Care Unit at John Muir Hospital. In the Intensive Care Unit, the patient was increasingly conscious, with only right-aided movements to command. The patient had a brief episode of seizure-like movement with left upper and lower extremity involvement. The patient was given Dilantin and movements resolved. The patient was then transferred to Children's Hospital Oakland without Incident. Although C-spine films done at John Muir Hospital were read as negative, the patient was placed in a C-spine collar for transport, MEDICATIONSS None. •; ALLERGIESS None known to drugs. PAST MEDICAL HISTORY: Was significant for a mandible fracture at the age of two. PHYSICAL EXAMINATIONS (On arrival) VITAL SIGNS: Stable. The Patient was intubated. paralyzed and sedated. HEENT: No obvious bony defects. The pupils were right 4 mm, left 4 mm and sluggishly reactive. The nose had no discharge. There was an ecchymotic area in the left temple. CHESTS The breath sounds were equal bilaterally. HEART, Was regular rate and rhythm without murmur. ABDOMENS Soft with positive - bowel sounds. The patient had no masses. EXTREHITIES: There were bilateral iliac crest ecchymosis. GUS A Foley cathetei was in place. Page 2 WOLFE, .STEVEN Y- DISCHARGE SUHHARY 529532 The testes Were down bilaterally. NEURO: The patient is paralyzed- an sedated. LABORATORIESi The hemoglobin at John Huir Hospital Was 13.9. The electrolytes were stable and the arterial blood gas was 7.42, 27. 160 and 40. The patient was r100% FI02 at a rate of 25 with pressures of 24/4. A chest x-ray was normal and the lateral neck was negative. An abdominal plate showed a distended stomach. 1 HOSPITAL COURSE: On admission, the patient was waking up from paralysis and was intermittently following commands. He was also somnolent and sleepy. The motor strength in his right upper and lower extremities had increased strength over the left side. He had a Babinksi on the left; no ankle clonus. He had a positive gag. Sensation was intact in all extremities. His rectal tone was good. He had exquisite tenderness over the midback area, at the lower thoracic/upper lumbar spine. His head CT was read as possible right- sided edema by Neurosurgery, without a shift. The patient was kept hyperventilated and put on 2/3 maintenance _fluids. His neuro status was closely followed. Trauma Surgery Service examined the patient because of the question of an air bubble. apparent on a XUB around the duodenal area. However, they thought that' the abdominal was benign and they recommended the thoracic/lumbar spine films and a Neurosurgical consult. The patient had a lateral flexion/extension film which showed no abnormalities. The patient's collar was discontinued. The spinal films also showed no fractures. However, a film of the right hip, over the area of the most exquisite* tenderness did show the right anterior superior iliac spine fracture. The patient's neurologic status quickly improved and he regained his strength in the left side of the body, equal to the right side of the body, with no Babinski present on the left. The patient was seen by Orthopedics. who recommended that he was okay to ambulate as tolerated. The physical therapist also saw the patient to help him with ambulation because of significant pain due to the hip fracture. The patient was taught how to ambulate with a pediatric walker, as he was too young to- use the crutches. CONDITION ON DISCHARGE: At the time of discharge. the patient was ambulatory With a pediatric walker. He was on a full p.o. diet. He was on room air and had a normal neurological exam. FOLLOW UPs To -be in Orthopedic Clinic with Dr. Townsend three weeks after discharge. He is to follow up with Physical Therapy on Honday. 10/11/936 which was just a few days after discharge. He was to follow up With his primary H.D. . Dr. Trotter. �'�.fi#Kr•-i Page 3 WOL£E. STEVEN DISCHARGE SUHHARY 529532 DISCHARGE MEDICATIONS: 1. Tylenol with codeine elixir for pain. NARY WATTS. H.D. HW/dap74 710 C80 D: 11/02/93 T: 10/09/93 CCI Dr. Tracy Trotter • .. r.. f _ t rJ•Wr SY-•H/�'1.1�+f' .. *r•r ..a•-�.r.. . - w•t,• IM s3..!'!��.�tv •..� .. i .• �`{. i (j i i ' SCHOOLS DUBLIN UNIFIED SCHOOL DISTRICT — s board of Trustees p� ,� j Eileen Sa (510)828-8978 May 11, 1994 Cynthia Cobb-Adams (510)828.7177 PahiCla Meyer (. 10)&3 -wa Gordon, DeFraga, Watrous & Pezzaglis Jorim W.Pofferson Attention: Richard S. Bruno (s1a1829-2079 P. 0. Box 630 Elizabeth F.Schmitt Martinez, CA 94553 (510)828-3892 RE: Claim Filed on Behalf of Steven Wolfe Superintendent for Incident on October 5, 1993 Vl1Oe At1OClerlO'ki D. Dear Mr. Bruno: °WddOco Notice is hereby given that the claim which you presented on 7471 Lc*daie Ave. behalf of Steven Wolfe to the Board of Trustees of the Dublin Dublin.CA9 1599 Unified School District is deemed rejected by operation .of law. (510)828.2551 FAX(510)824-642 WARNING tauhschooH M HIGH Based upon the date this notice was personally delivered or 81° moogeuPo way deposited in the mail, the California Government Code contains ouaan.CA94sae-1694 limits and which restricts the time within which you must.file a (510)833.3313 court action. VALLEY tlG3H 6401 York Drive Please also be advised that, pursuant to Sections 128.5 and 1038 Dublin.CA 94568-2199 of the California Code of Civil Procedure the Dublin Unified (510)829.4322 School District will seek to recover all costs of defense in the event an action is filed in the matter and it is determined that twdmeSchoob the action was not brought in good faith and with reasonable WELLS MIX)LE SCHM cause. daoo Penn Drive Dublin.CA 94568-2199 Sincerely, (510)828227 BemeMosY Schools FRMERD(SEN ELEMEtrARY Jeanne Howl and 7243 Tomradr Drive oublh CA 94568-17M Business Manager (510)828-1037 MURRAYaBVEMARY Enclosure: Proof of Mailing 8435 Dovorw Drive "In.CA 9456&1107 cc: James E. Miller, ACSIG (510)828.2568 NO.SI N ELEMENTAW lb 7500 Arricidud Road Dublin,CA 94568-2298 (510)828-2030 EQUAL OPPORnRCY' EMPLOYER EXHIBIT "B" r HoSC 0 S ! DUBLIN JOINT UNIFIED SCHOOL DISTRICT PROOF OF SERVICE BY MAIL -- 1013a, 2015.5 C.C.P. I am employed in the County of Alameda. I am over the age of eighteen years and not a partto the within . above entitled action; my business address is 7471 Larkdale Avenue, Dublin, Alameda County; State of California. On May 11, 1994 I served the within true copy of the attached notice of disposition of claim filed by: ' Gordon, DeFraga, Watrous & Pezzaglia Attention: Richard S. Bruno P. 0. Box 630 Martinez, CA 94553 which envelope was then sealed and postage fully prepared thereon and thereafter was deposited in the United States Post Office mail box at Dublin, California. _ Dated at Dublin, California, this 11th day of May, 1994 I declare under penalty of perjury that the foregoing is true and .correct. Signature .t . 1 PROOF OF SERVICE 2 I, Susan Sawicki, declare: 3 I am a resident of the State of California and over the age of eighteen years, and not a party to the within action; my 4 business address is IMAI, TADLOCK & KEENEY, 180 Montgomery Street, Suite 1000, San Francisco, California 94104 . On April 19, 1995, 5 I served the within documents: 6 Claim of Dublin Unified School District 7 8 F--] by transmitting via facsimile the above listed 9 document (s) to the fax number (s) set forth below on this date before 5 : 00 p.m. 10 rXI by placing the document (s) listed above in a sealed envelope with postage thereon fully �. it prepaid, in the United States mail at San Z a Francisco, California addressed as set forth w wo 12 below. D4 a w�3o;o � 13 by personally delivering the document (s) listed LLx �wN � above to the person(s) at the address (es) set 0 U (09 14 forth below. g A "o CC d Clerk, �LL 15 Board of Supervisors mQ 651 Pine Street N 16 Martinez, CA 94553 17 Allan DeFraga, Esq. Richard S . Bruno, Esq. 18 Gordon, DeFraga, Watrous & Pezzaglia 611 Las Juntas Street 19 P.O. Box 630 Martinez, CA 94553 20 David J. Samuelsen, Esq. 21 Bennett, Samuelsen, Reynolds & Allard 1951 Webster St . , Suite 200 22 Oakland, CA 94612-2909 23 I declare under penalty of perjury that the foregoing is true and correct . 24 Executed on April 19 , 1995at San Francisco, California. 25 , 26 lllw J/04//v Susan Sawicki S.. E 5 y. .. Y ivy 3Fj `I roams `h• � I-I- 0 �� ° i 's N fA 1 h (n ru (D � moo , mm DzjI /� ,V 0. ©. IV •� O i }1 0 Li 6 w m t • n .� fU D RJ C M w 4 M M j 4i 04 ..., «a ...... .w,,r„a __.v., ,ro e�ht„S a.!_....z..-f .,3 tJ+.,--✓' 7 � C'�. I � �`al ? 1 CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA LMay 1`6_;=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: $2,500,000.00 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: Consuelo S. Canlas ATTORNEY: MAY s 1 1995 Date received COUNTYCOUNSEL ADDRESS: 1853 Robin Lane, Apt. #2 BY DELIVERY TO CLERK ON April 28, ij/PJgTINEZCALIF. Concord, CA 94520 Hand Delivered BY MAIL POSTMARKED: I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: May 1, 1995 pp�H{IL BATCHELOR, Clerk " BY: Deputy II. FROM: County Counsel TO: Clerk of the Board of Supervisors (v) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: `S ' ! S 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 A.. PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. * For Additional Warning See Reverse Side Of This Notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. t, Dated: BY: PHIL BATCHELOR by eputy Clerk CC: County Counsel County Administrator Claim 'to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT 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 See. 72 at the end of this form. RE: Claim By ) Rrse clerk' filing stamp EIVED Against the County of Contra Costa ) 81995 or BOARD OF SUPERVISORS District) COSTA CO.7,# Fill in name ) The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ i!WQ, 000, D O 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) ___P5 I� I , tn-( of W14 h5--(A &J-(�.. 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? (over) 5. What are the names of county,or district officers, servants or employees causing the damage or injury? V's U - 5 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. V 1, �� 1�l�`�d1.t - CCS( 8tN �Pc.��D � p�� S , �t� 0A4 97, t czcS , 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) wtut n irs C�,p be6 s $/061",Dd Ca`�S OF C W61- P4tA) 06 S O M -6 f 2,5 O,006.06 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 V Gov. Code Sec. 910.2 provides: "The claim must be signed byclaimant SEND NOTICES TO: (Attorney) ' or b some person- on his f " Name and Address of Attorney V �O / D7" a Claimant's Signat qlS-3 46[ Address Telephone No. Telephone No. S( D * * * * * * * * * * * * 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 ($19000), 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. ,y Consuelo S. Canlas 1853 Robin Lane Apt. #2 Concord, California 94520 April 28, 1995 To Whom It May Concern, I was injured on October 31, 1994, when I was struck by a car at the intersection of Robin Lane and Meadow Lane, in Concord. I was walking south across the intersection, crossing Robin Lane in the crosswalk. When I was halfway across Robin Lane, a car driven by Katherine Burton smashed into my left side, threw me into the air, and slammed me to the ground. I immediately felt excruciating pain along my left side, in both my knees, my head, and my neck. When my rescuers found me, I was shaking uncontrollably, had severe chest pains, and was having trouble breathing. Please.see police report CR# 94-27800, Concord Police Department. Sincerely, Consuelo S. Canlas CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA y 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 rote 1 "WarningRs". CLAIMANT: Dorothy Villman M M Ay I T95 ATTORNEY: William J. Dullea COUNYYCOUNSEL Date received NIARTINEZCALIF. ADDRESS: 3447 Mt. Diablo Blvd. BY DELIVERY TO CLERK ON May 1, 1995 Lafayette, CA 94549 BY MAIL POSTMARKED: Hand Delivered 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. ��IL BATCHELOR, Clerk DATED: May 1, 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). ( ) Other: Dated: — �f 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: 14;115 9,< PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. * For Additional Warning See Reverse Side Of This Notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated; -Mad=, BY: PHIL BATCHELOR by Deputy Clerk . U —T CC: County Counsel County Administrator �CENED ,aaa 1 Law Office of William J. Dullea 3447 Mt. Diablo Boulevard 2 Lafayette, California 94549RKOP SUPERVISORS ( 510) 283-9094 CoNmACOSTACO. 3 Attorney for the Claimant Dorothy Villman 4 5 6 7 8 DOROTHY VILLMAN, CLAIM AGAINST A PUBLIC ENTITY 9 Claimant, 10 vs. 11 CONTRA COSTA COUNTY, 12 Respondent. 13 14 1. The address of Claimant is as follows: 3185 Contra Loma 15 Boulevard, #126, Antioch, California. 16 2. The address to which the Claimant desires notice of this 17 claim to be sent is as follows: William J. Dullea, 3447 Mt. Diablo 18 Boulevard, Lafayette, CA 94549. 19 3. On November 2, 1994, Claimant received personal injuries 20 under the following circumstances: Claimant was leaving the home 21 of her granddaughter on Fitzuren Road in Antioch, California. 22 While walking across the creek overpass that accesses 1911 to 23 1917 Fitzuren Road (sometimes reported as 911 to 917 Fitzuren Road) 24 and bridges the West Antioch Creek, she tripped and fell into the 25 creek bed. It is alleged Respondent allowed a dangerous condition 26 of public property to exist by, among other things, failing to 27 construct a fence or barrier on the overpass, in failing to remove 28 1 1 a tripping hazard, and in failing to adequately light the area. 2 Also, that the Respondent was negligent in not enforcing public 3 protection provisions of Respondent' s public works and flood 4 control regulations. Finally, Respondent was negligent in failing 5 to abate an obvious safety hazard. 6 It is alleged that this dangerous condition of public property 7 was the proximate cause of Claimant' s injuries. 8 4. Claimant injured her right ankle, knees, and right hand. 9 Medical expenses are unknown at this time. 10 5. The name of the public employee(s) causing the injury is 11 unknown to Claimant at this time. 12 6. Jurisdiction of this claim would rest in the Superior 13 Court. 14 15 Dated: ' q-:;6 William J. Dullea, attorney for 16 Claimant Dorothy Villman 17 18 19 20 21 22 23 24 25 26 27 28 2 I