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HomeMy WebLinkAboutMINUTES - 06271995 - C18 CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA June 27, 1995 -Claim 'A,gainst the County, or District governed by) BOARD ACTION the ooard 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 Califc►nia Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $500,000.00 + Section 913 and 915.4. Please note all "Warnings". CLAIMANT: Michael A. Dwyer & his guardian ad Litem Michael E. Dwyer AT70PNEY: Date received ALORESS: 1242 Easley Drive BY DELIVERY TO CLERK ON J nP 9. lAAS Clayton, CA 94517 BY MAIL POSTMARKED: Hanel nP1ivPrPrl 1. FROM Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. �bIL gATCHELOR, Clerk ' DATED: June 9, 1995 : Deputy 11. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ✓J'--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: 007 Dated: BY: Deputy County Counsel 111. FRC"': Clerk of the 6card TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOA;: .':ER: By unanimous vote of the Supervisors present (V/) This Claim is rejected in full. Otr.er: 1 certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated:A,o., X7, JCtg S PHIL SAI NELOR, Clerk, By . Deputy Clerk -\J- WARNING (Gov. code section 913) S;:tject to certain exce:tions, you have only six (6) months from the date this notice was personally served or teposited in the mail to file a co4rt action on this claim. See Government Code Section 945.6. VCw Seek tre a.v�Ce of ah attorney of your choice in connection with this matter. If you want to consLlt ar attorney, y::, s+,c..lc d: s: imr.,eoiately. For Additional Warning See Reverse Side Of This 'notice. AFFIDW T OF MAILING I ce:iare under penalty of perjury that I am now, ane at all times herein mentioned, have been a citizen of the Ll*ltet S:='es, over ace lc; and that today I de?ositeo in the U^iced States Postal Service in Martinez, pcstate fully prepaid a ce-t''-ee ::Dy of tris Ezard Order and notice to Claimant, addressed to .-e Cia"a,�: as shvwr at:ve. BY: o�ll FATC�E_GR `� J eputy Clerk �_. ::�n:y C: •Sci �.^arty C.0'"?C`Stra::r r' }. RECEIVE® h"(� deifa)l CLAIM AGAINST PUBLIC ENTITY 'JUN 9 CLERK BOARD OF SUPERVISORS CONTRA COSTA CO. To: LIONS GATE SHELTER-MARTINEZ, CALIFORNIA and CONTRA COSTA COUNTY Claimants, MICHAEL A. DWYER and his Guardian ad Litem MICHAEL E. DWYER hereby make claim against LIONS GATE SHELTER and CONTRA COSTA COUNTY for the sum of$500,000.00 general damages plus special damages and punitive damages as allowed by law; and make the following statements in support of their claim: 1. Claimants' post office address is: 1242 Easley Drive, Clayton, California 94517. 2. Notices concerning the claim should be sent to: Michael E. Dwyer- 1242 Easley Drive, Clayton, California 94517 3. The date and place of the incident giving rise to this claim are: December 12, 1994; December 15, 1994; and December 16, 1994 at the Lions Gate Shelter located in Martinez, California. 4. The circumstances giving rise to this claim are as follows: At the noted times and place, Defendant's employees assaulted and battered Claimant MICHAEL A. DWYER while said Claimant was a patient and in their care at Lions Gate Shelter, Martinez, California 94553. 5. Claimant's injuries are as follows: Chipped tooth, contussions, laccerations and abrasions. 6. The names of the public employees causing the claimant's injuries are: Unknown 7. My claim as of the date of this claim is $500,000.00 general damages;unknown special damages; and punitive damages as allowed by law.. l 8. The basis of computation of the above amount is as follows: Medical Expenses Incurred to Date: Unknown Estimated Future Medical Expenses: Unknown Loss of Wages: Unknown Punitive Damages: Unknown General Damages: $500,000.00 TOTAL: $500,000.00 Dated: MICHAEL E. DWYER, tndi ally and as Guardian ad Litem for MIC L A. DWYER FAWP5\SLB\DWYERCLM CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA June 27, 1995 Clair Awa nst the County, or District governed by) BOAR_ D_ACTION the ooard 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 Gcvernrunt Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $500,000.00 + Section 913 and 915.4. Please note all uWarnings CLAIMANT: Michael A. Dwyer & his guardian ad Litem Michael E. Dwyer ATTOPNEY: Date received A:DRESS: 1242 Easley Drive BY DELIVERY TO CLERK ON ,fine Ay 19A5 Clayton, CA 94517 BY MAIL POSTMARKED: Harnl DelivPrarl I. fROM; Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: June 9. 1995aIl �ePuLyLOR, Clerk 11. FROM: County Counsel 70: Clerk of the Boerd,of Supervisors ( VrThis 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). ( ) Clair is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimart's right to a;ply for leave to present a late claim (Section 911.3). ( ) Other: Dated: L �7 �7.� BY: Deputy County Counsel I13 . F;C•": Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). 1V. K: : .::ER: By unanimo6os vote of the Supervisors present (v*'*) T''is Clain is rejected in full, I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. DateeA,,,,II_ 274 IctclS PHIL BATCviELOR, Clerk, By Deputy Clerk WARNING (Gov, code section 913) S.;tject to certain exceotions, you have only six (6) months from the date this notice was personally served or cepcsited in the mail tc file a court action on this claim. See Government Code Section 945.6. vC^ r8v seek tr•f stv'Ce cj a* attorney of your choice in connection with this matter. If you went to consult an a::cr-1,, y::: s}c..1c d: s: imme:iately. For Additional l+arnina See Reverse Side Of This Notice. AFFIDAVITOf MAILING 1 ce:lare under penalty of perjury that I am now, a"c at all times herein mentioned, have been a citizen of -e '.'titer, S:a:es, over a;e 1:; and that tctay I ce:ositee in the Uritee States Postal Service in Martinez, La' .f:-r•ia, pes:ace fully rrepaio a ce-t"-ee ::zy :` tr4s Ezard Droer and natice to Claimant, addressed to .re clt'inart as stzw" at:ve. 4,,,,� � ag Rq BY: Do]-! EATC-E_OR e;uty Clerk Z:.n.y C:.rse .cam'':y Acr• r'stra:.r EXHIBIT "A" MAR 07 '96 05:51PM ARCHBALD & SPRAY P. 1 ARCHBALD & SRRAY IIII ATTORNEYS AT LAW March 71946 ...---------- 505 3a1'n Strm Sar.:a Barbara, Caffil"nia 93101 VIA FAX 805!50;-2070 FAX 805!56•-291 Shirley Casillas, Deputy Clerk Clerk of the Board of Supervisors Contra Costa County Martinez, CA 94553 FAX: (510) 646-1059 Re: Claimant: Michael A. Dwyer Date of Claim: June 9, 1,995 Dwyer v. Contra Costa County Contra Costa Superior Court No. C-96-00014 Dear Ms. Casillas: We represent the County of Contra Costa in this action. Our contact with the County is Julie Aumock, Liability Claims Adjuster, County Administrator, Risk Management (Telephone Number: 646-2926). As we discussed this afternoon, attached is a copy of your proposed declaration in support of a motion for summary judgment on behalf of Contra Costa County against plaintiff Michael Dwyer. To refresh you memory, also attached is a copy of the claim rejection which you signed and mailed. If the declaration meets with your approval, please date, sign and return it to us by fax (805) 564-2081. If possible, could you also please fax us a copy of the claim itself. Thank you for your assistance. If you have any questions, please call me. Sincerely, Peri Maziarz PDM/eca Attachment :tlenrfrer KENNETH L.M025 KAREN BURGETT AN'N GORMICAN ANDERSON ALFA:. J.WILLIAM MCLAFFZrtTY EDWIN X.LOSKAM? PERI M.AZiARZ MAI COLM ARCH?ALD American DOUGLAS E.LARGE WM,BRENNAN LYNCH KATHERINE H.BOWER JOSEPH L.SPRAY Lai:firm Assncrnrinn MICHAEL A.COL TON EMMET T.IIAWKL•5,?R. jo:�\�w WARVOCK MAR 07 '9E 05:52PM ARCHBALD & SPRAY P•2 1 DECLARATION OF SHIRLEY.CASILLAS IN 5MORT OF CONTRA COSTA COUNTY'S MOTION FOR SUMMARY TUDGMENT 2 3 I, SHIRLEY CASILLAS, declare: 4 1. I am a deputy clerk for the CONTRA COSTA COUNTY Board of Supervisors,and 5 have been since 1993. If called upon to do so, I could and would testify competently to the 6 contents of this declaration from personal knowledge,review of the file, and familiarity with the 7 procedures and practices of the County. 8 2, I reviewed the minutes of the CONTRA COSTA COUNTY Board of Supervisors 9 meeting held June 27, 1995. By unanimous vote of the .Supervisors, the claim of Michael A. 10 Dwyer and his Guardian ad litem Michael E. Dwyer, was rejected in full. On June 28, 1995, 11 pursuant to my duties as deputy clerk, I deposited in the mail the notice of claim rejection. A 12 true and correct copy of the notice is attached as Exhibit "A." 13 Executed this h'tR. day of March, 1995 at Martinez, California. 14 I declare under penalty of perjury, under the laws of the State of California, that the 25 foregoing is true and correct. 16 17 18 SHIRLEKrCASILLAS 19 20 21 f\wplmlpldlmsjlmntra.Mot 22 23 24 2S 26 27 28 ARCIMAM A SPRAY $OS Bath Smeec Salta Barbara,CA 93101 —7- RECEIVED hind mivt.V JUN 9 I t CLAIM AGAINST PUBLIC ENTITY CLERK BOARD OF SUPERVISORS CONTRA COSTA CO. To: LIONS GATE SHELTER-MARTINEZ, CALIFORNIA and CONTRA COSTA COUNTY Claimants,MICHAEL A. DWYER and his Guardian ad Litem MICHAEL E. DWYER hereby make claim against LIONS GATE SHELTER and CONTRA COSTA COUNTY.for the sum of$500,000.00 general damages plus special damages and punitive damages as allowed by law; and make the following statements in support of their claim: 1. Claimants' post office address is: 1242 Easley Drive, Clayton, California 94517. 2. Notices concerning the claim should be sent to: Michael E. Dwyer- 1242 Easley Drive, Clayton, California 94517 3. The date and place of the incident giving rise to this claim are: December 12, 1994;December 15, 1994; and December 16, 1994 at the Lions Gate Shelter located in Martinez, California. 4. The circumstances giving rise to this claim are as follows: At the noted times and place, Defendant's employees assaulted and battered Claimant MICHAEL A DWYER while said Claimant was a patient and in their care at Lions Gate Shelter,Martinez, California 94553. 5. Claimant's injuries are as follows: Chipped tooth, contussions, laccerations and abrasions. 6. The names of the public employees causing the claimant's injuries are: Unknown 7. My claim as of the date of this claim is $500,000.00 general damages;unknown special damages; and punitive damages as allowed by law.. f , 8. The basis of computation of the above amount is as follows: Medical Expenses Incurred to Date: Unknown Estimated Future Medical Expenses: Unknown Loss of Wages: Unknown Punitive Damages: Unknown General Damages: $500,000.00 TOTAL: .$500,000.00 Dated: -� MICHAEL E. DWYER, di ally and as Guardian ad Litem for MIC L A. DWYER F:\WP5\S1B\DWYMC1M OFFICE OF THE CLERK OF THE BOARD OF SUPERVISORS CONTRA COSTA COUNTY 651 PINE STREET MARTINEZ, CALIFORNIA 94553 F6one: (510) 646-2371; FAX (510) 646-1059 PLEASE CONFIRM RECEIPT VIA PHONE DATE: 54- 076 TO: v FROM: F TOTAL PAGES INCLUDING TRIS COVER: PLEASE ADVISE IF FOR ANY REASON YOU DO NOT RECEIVED THIS ITEM COMPLETE 1 CLAIM • �� ' BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA June 27, 1995 Clair; Against the County, or District governed by) BOARD ACTION the Doaro 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 Gevernnent Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $4,500,000.00 Sell,on e ion ,24.41 Please note all "Warnings". CLAIMANT: Lloyd Heldris and Gladys Heldris ,U N 0 7 9995 ATTORNEY: COUNTY COUNSEL Da teMiCALIF. ALDRESS: 3072 Valleywood Ct. BY DELIVERY TO CLERK ON June 7, 1995 San Jose, CA 95148 8Y MAIL POSTMARKED: June 5, 1995 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: June 7, 1995 JVIL Beputy ATCHELOR, Clerk II. FROM: County Counsel TO: Clerk of the Board of Supervisors (V f This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Clair, 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). (v-T Other: CL46;U'-1-- \5 CSV 4Wt2" 4�eP�L)6 e4ap�d WUz Sk,%-MXV-MG._� pns�• -'m � v�v rv\i�s�:cnn. 6L ��lc�,►�•. Dated: ('e — 7 - 55— By �-- Deputy County Counsel 111. My: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. E .":ER: By unarinows vote of the Supervisors present ( ✓) Ttis Claim is rejected in full. ( ) Otr.er: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: a27' ) PHIL BATC�+ELOR, Clerk, By, , Deputy Clerk � WARNING (Gov. code section 913) Subject to certain exce:tions, you nave 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. Vcw *:ay seek Ire a_v•ce of an attorney of your choice in connection with this matter. If you want to consult ar a:tcrne,, y::; s}c..ld d. s: imroem_iately. * For Additional Warning See Reverse Side Of This 'Notice. AFFIDAVIT OF MAILING 1 ce:lare under penalty of perjury that I am now, arc at all times herein mentioned, have been a citizen of the L'r�tet S:a:es, over age 1-; and that tctay I de:osited in the Urited States Postal Service in Martinez, [! .`:-nip, pcs:ace fully rre;aia a cer:'.f ed ::zy :f tris Board Or der and Notice to Claimant, addressed to .-e :la'-tr.t as stcq." at:ve. ::.:e:: BY: PHIL EATCi�E:OR L� De;uty Clerk 74, Cr.rty Acr�iristrat:r l - 7 �.J 4 `p V. - ClaWto: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRDCTIONS:TO CLADOM, 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. oause of a6tion:=11__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 after January 1, i9889 must'be`presenteg'not` later_th 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 tiii'th`the Clerk 'of the Board of Supervisors at its office in Room 106, County Administration Building,-651 Fine 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. DO If_the claim is against more than one public'entity,l�se .partite claims Jmust 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's filing stamp Zt&YD =CL Against the unty-a . ntra costa ) ` S _ LDistrictJ Fi 1 n name ) _'=,ti• The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District',in_the sum of 4 .�f, S-�c�, �a�. and in-support of this claim represents as follows: 1. When did the damage-':or injury occur? (Give exact date and hour) Zv &c-s c-lo r 2. Where did the damage or injury occur? (Include city and county) 3. How did the damage or' injury oocur? (Give full detail;= use extra paper if required) 00 cro 1p- llo Cpplpe—rr'W6J 7 /pec 7-,9 ie CRI M.1,0,4t- lxirewt 4. What particular act or omission .on the •part of county or district officers, servants or-employees caused the injury or damage? 1A) nzewnjuwl:: P c ry�z 41 8ritqo�- 7a /f lel Sr+n5 A. 60t9ry Afe-OlLt4t X ss0 cl,*r40A). (over) �%� 4(c'� 5� (over) 5. What are the names of county or district officers, Servants or employees causing the damage 'or injury? - 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. CARO,06a- D1,40Ajos is PAI A) XA)b SvrrC-4�, * io fires 6(4410Y-5Q,s ,�� hle F /"/ 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) 8. Names and addresses of Witnesses, doctors and hospitals. PW 1_0669 �d�t� c,�5 S're��4Cy E� S��CC�t/l sod ©rte ®Btu AC'S 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT See Gov. Code Sec. 910.2. provides: ... "The claim must be signed by .the claimant SEND NOTICES TO: (Attorney) or `some person on his ,.behalf." Name and Address of Attorney TQ . { fAaalmntlsSignature) [Address) Telephone No: Telephone No. I s f e e s f e - f s e.e 1t s`,4 • _ Thi 4# • ` NOTICE Section.72 of the Penal Code provides: ` , r - - `ti t. "Every person .rho, With intent to,defraud, presents for allowance or for payment to any state board"our,offieer,=or `to any county, city district-board or officer; authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account:, ,voucher, ,or, writing,tis�. 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 ($1000), or by both such imprisonment and fine, or by imprisonment in the state prison, by a fine of not exeeeding, ten thousand dollars ($10,000, or by both such imprisonment. and fine. - Y - American Medical Association Pr McD,�9 Physicians dedicated to the health of America r 0 Carrie Waller 515 North State Street 312 464-4076 Staff Associate Chicago,Illinois 60610 312 464-5846 Fax Office of the GGeneral Counsel .May 1, 1995 Lloyd Heldris 3072 Valleywood Court San Jose, CA 95148 Dear Mr. Heldris: Thank you for your recent letter regarding your experience with Drs. Beath and Berman.. I want to assure you that the American Medical Association (AMA) is concerned about the quality of care provided to patients and about physician-patient relationships. We regret you are dissatisfied with the care provided. As you may know, the AMA is a national medical organization made up of constituent organizations including state medical societies and count medical societies. When a rievamn r £f Y k I aim g filed against aY physician, ttris first�:handled�bya:peer reviewcommrttee at ahe county` rne¢icalti c fn. society.lTtie countiety.is closest to those involved and is best able to investigate a complaint. In some cases, appeals are made to state medical_societies and then to the AMA. INHowever, the= ma��o�rity of cases,��are,,resol�eed�by;�,thecount�ymedical�soeie�ty,� It is important to realize that not all physicians are members of a medical society and medical societies generally, onlypreview grievances against members of their society. A grievancel againg"i x; ..'Tu n n©nmember physician can lie handledby the statelcensingboard: Our records show=that�MDrs._BeatiiandcBeimaii;are notmembeso,.ftheAiMA;stateor county medical `society In this case, I recommend you contact the state licensing board ath`e address listed below. I am returning your letter in the event you want to forward it to the state board. Medical Board of California 1430 Howe Avenue Sacremento, CA 95825 I hope this information is helpful. - Verytruly yours, :Carrie Waller Enclosure Social Security Handbook, Section 2457 .E 2457 . MEDICARE BENEFICIARIES HAVE A RIGHT TO MAKE THEIR OWN MEDICAL TREATMENT DECISIONS and to put those decisions in writing to be carried out in the event they become mentally or physically unable to choose or communicate their wishes. Federal law requires HOSPITALS, ,SKILLED NURSING FACILI.TI.ES,, hospices , home health agencies andHEALTH MAINTENANCE ORGANIZATIONS (HMO'S)f serving�MEDICARE1 beneficiaries and/or-,,MEDfi:CAI'D: recipients to give patients information about advance directives and explain their legal choices in making decisions about medical care. Generally, an advance directive is a written document individuals prepare stating how they want medical decisions made if they lose the ability to make decisions for themselves . An advance directive contains written instructions that state the ` individual ' s choices for health care'or names someone to make "those, choices for them if they -become unable to make- decisions for themselves . The two most commonly prepared advanced directives are a "living will" and a "durable power of attorney. " Laws governing advance directives vary from State to State. CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA June 27 1995. Claim Against the County, or District governed by) BOARD ACTION the ooard 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 Calife-nia Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $180,270.61 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: Michael V. Novo, dba V&M Constr. ATTOPNEY: Victor J. Conti Gagen, McCoy, McMahon & Armstrong Date received ALDRESS: 279 Front St. BY DELIVERY TO CLERK ON June 9-1995 Danville, CA 94526 BY MAIL POSTMARKED: Hand Delivered 1. FROM: Clerk .of the Board of Supervisors 70: County Counsel Attached is a copy of the above-noted claim. DATED: June 9, 1995 IVIL DepuLyLOR, Clerk 11. FROMZC y Counsel TO: Clerk of the Board of Supervisors laim 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). ( ) Clair, 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�� S BY: y` r. Deputy County Counsel 111 . FKCM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. EG^ - :ER: By unanimous vete of tree Supervisors present ( � T"is Claim is rejected in full. ( ) Otter: 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, 6 yo Deputy Clerk WARNING (Gov. code section 913) S;:tject to certain exce,,,:ions, you have only six (6) months from the date this notice was personally served or cepesited in the nail to file a court action on this claim. See Government Code Section 945.6. vcu T':Sy Seek %r•e a_v'ce cf ar. attCrney of your choice in connection with this matter. If you want to consult an a::cr-•e,, y:u s}c.,1C Cc s: inr, tiately. * For Additional Warning See Reverse Side Of This 'notice. AFFID W T OF MAILING I ce:lare under penalty of perjury that I am now, arc at all times herein mentioned, have been a citizen of the L^ite: States, over age 1.; and that tccay I ce:ositet in the Unitec States Postal Service in Martinez, pcstace fully prepaid a ce-t�f*ec ::Dy :f tr`s Eoard Order and Nztice to Claimant, addressed to .-e c-e-nant as sac«r at:ve. BY: DH1L De;uty Clerk _ U _ ._. :'C.,n:y Cc..-5_l rc.,rty Acn'nistra::r .Clair to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT A. Claims relating to causes of action for death or for injury to person or to per- sonal property or growing crops and which accrue on or before December 31, 1987, must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to causes of action for.death or for- injury to person or to personal property or growing brops 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 Kith 'the Clerk of the Board of Supervisors at Its office in, Room 106, County Administration Building, 651 PineaStreet, 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 f orm. RE: Claim By ) Reserved for Clerk's filing stamp MICHAEL V. NOVO, dba V&M CONST. ) RECEIVE® . ,; ) - . Against the County of Contra Costa ) JUN_ 9 or ) DEPT OF PUBLIC WORKS District) CLERK BOARD OF SUPERVISORS Fill in name ) CONTRACOSTACO. The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named Distri ct in the sum of $ 18 0 , 2 7 0 . 61 and in support of this claim represents as follows: 1. When did the damage or injury occur? '(Give exact date and hour) SEE DRAFT COMPLAINT ATTACHED HERETO 2. Where did the damage or injury occur? (Include city and county) SAME AS #1 ----------- 3. How did the damage or injury occur? (Give full details; use extra paper if required) -SAME AS #1 4. What particular act or omission on the .part of county or district officers, servants or employees caused the injury or damage? SAME AS #1 �. wnat are the nates of county or district officers, servants or employees causing the dar7age or injury? SAME• AS #1 --_---- --- .-------e--------M-NMM-M-NN---`--------N-N--NN-------------- 5. What damage or injuries do you.cla.im resulted? (Give full.,extent of injuries 'or damages claimed.. Attach two'estimates for auto .damage. Y, a SAME_ AS, #1'., 7. How was the amount. claimed above computed? (Include the estimated amount of any sir } prospective injury or damage.") , SAME AS #1 $. Names and addresses of witnesses, doctors and hospitals. N/A 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT -. ._ -.SAME AS #1 it it 1F * IE Gov. Code Sec. 910:2 provides: "The claim must be signed by the claimant SEND NOTICES TO: (Attorney) or by some erson on his behalf," Name and Address of Attorney r VICTOR J. CONTI Cla is Signature GAGEN, MCCOY,' MCMAHON, & 'LARMSTRO G 279 FRont St. Danville, CA 94526 Address (510) 837-0585 Telephone No. Telephone No. N O T I C E Section 72 of the Penal Code provides: "Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, city or district board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is punishable either by imprisonment in the county jail for a period of not more than one year, by a fine of not exceeding one thousand ($1,000), or by both such imprisonment and fine, or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars .($10,000, or by both such imprison went and fine. 1 VICTOR J. CONTI, SBN 1116666 GAGEN, McCOY, McMAHON & ARMSTRONG 2 A Professional Corporation 279 Front Street, P.O. Box 218 3 Danville, California 94526-0218 Telephone: (510) -837-0585 4 Attorneys for Plaintiff 5 MICHAEL V. NOVO, dba V&M CONSTRUCTION/BACKHOE 6 7 8 SUPERIOR COURT OF CALIFORNIA, COUNTY OF CONTRA COSTA 9 10 11 MICHAEL V. NOVO, dba V&M NO. CONSTRUCTION/BACKHOE 12 COMPLAINT FOR BREACH OF Plaintiffs, CONTRACT, COMMON COUNTS AND 13 DECLARATORY RELIEF VS. 14 J. MICHAEL WALFORD, Director, 15 PUBLIC WORKS DEPARTMENT, CONTRA COSTA COUNTY, AYALA BORING, INC. , 16 SAN JOSE CONCRETE PIPE COMPANY, BAY CITIES CRANE AND RIGGING, 17 INC. , and DOES 1 through 50, inclusive, 18 Defendants. 19 / 20 Plaintiff alleges against all Defendants as follows: 21 FIRST CAUSE OF ACTION 22 (Breach of Contract) Law Offices 23 GAGEN,McCOY, 1. Plaintiff MICHAEL V. NOVO is, and at all times McMAHON& 24 ARMSTRONG mentioned -herein was, a general engineering contractor doing A Professional 25 Corporation business as V&M CONSTRUCTION/BACKHOE (hereinafter "V&M") in 279 Front Street 26 Danville,CA 94526 (510)837-0585 F:\VOL2\CLIENT\26892\COMPL.DOC -1- 1 Contra Costa County, California and possessing contractor's 2 license number 397350 issued pursuant to the laws of the State of 3 California. 4 2. Defendant J. MICHAEL WALFORD is, and at all times 5 herein mentioned was, the director of PUBLIC WORKS DEPARTMENT in 6 the COUNTY OF CONTRA COSTA, a political subdivision of the State 7 of California (hereinafter "COUNTY") 8 3 . Plaintiff is informed and believes and thereon alleges 9 that Defendants AYALA BORING, INC. , SAN JOSE CONCRETE PIPE 10 COMPANY and BAY CITIES CRANE AND RIGGING, INC. are and at all 11 times herein mentioned were, corporations duly organized and 12 existing by law and doing business in the State of California. 13 4 . Plaintiff .is, ignorant of the true names and capacities 14 of Defendants sued herein as DOES 1 through 50, inclusive, and 15 therefore sues said Defendants by such fictitious names pursuant 16 to Code of Civil Procedure § 474 . Plaintiff is informed and 17 believes, and thereon alleges, that each of the above-named 18 fictitious Defendants is in some manner responsible for the 19 occurrences herein alleged and that Plaintiff's damages as 20 hereinafter alleged were proximately caused by their conduct. 21 Plaintiff will amend this Complaint to set forth the true names 22 and capacities of said fictitious Defendants when ascertained. LAWOflim 23 5. Plaintiff is informed and believes and thereon alleges GAGEN,McCOY, McMAHON& 24 that at all times mentioned herein, Defendants, and,weach,_„of them, ARMSTRONG AProfessional 25 were the agents, servants or employees of their Co-Defendants and Corporation 279 Front Street 26 �• Danville,CA 94526 (510)837-0585 F:\VOL2\CUENTa6892\COMPLDOC —2— 1 at all times mentioned herein were acting in the course and scope 2 of such agency, service or employment. 3 6. On or about June 29, 1994, Plaintiff V&M and Defendant 4 COUNTY made, executed and entered into a certain contract in 5 writing whereby V&M agreed to do and perform certain preparation 6 and installation of -a storm drain line and related structures in 7 accordance with plans, drawings, special provisions and/or 8 specifications supplied by Defendant COUNTY and said Defendants 9 agreed to pay Plaintiff the estimated sum of $274,320, more or 10 less, in accordance with finished quantities at unit bid prices. 11 A true and accurate copy of said agreement is attached hereto as 12 Exhibit "A" and made a part hereof. 13 7. From time to time during the course of construction of 14 the improvements described herein, and between said contract date 15 and the present date, Defendant COUNTY required Plaintiff V&M to 16 depart in many respects from the plans and specifications 17 referred to in the original written contract, and V&M and its 18 subcontractors encountered discrepancies in the plans and 19 specifications from the actual site conditions that caused 20 various changes in the scope , of work necessary at the project, 21 and required extra labor and services to be furnished by 22 Plaintiff, and which were actual furnished and used in said Law Offices 23 construction of .the improvements described herein, whereby the GAGEN,McCOY, McMAHON& 24 cost of said .improvements was increased. All of sa-bd extra and ARMSTRONG APmfessional 25 additional work and materials were furnished and supplied by Corporation 279 Front Street 26 Plaintiff at the special instance and request 'of Defendant Danville,CA 94526 (510)837-0585 F:\VOL2\CLIENTa6892\C0MPI..DOC —3— I 1 COUNTY, in like manner as the labor and services provided by .2 Plaintiff under the original written agreement, and modifications 3 thereto, between the parties. 4 8. During the course of construction and thereafter, 5 COUNTY refused to pay for said extra work and said failure 6 resulted in the filing of stop notices, payment bond claims and 7 lawsuits to perfect said claims by subcontractors AYALA BORING, 8 INC. , SAN JOSE CONCRETE PIPE COMPANY, and BAY CITIES CRANE AND 9 RIGGING, as follows: Ayala Boring, Inc. v. V&M Construction, et 10 sU. , Contra Costa Superior Court Action Number C94-05445; San it Jose Concrete Pipe Company, Inc. , v, V&M Construction, et al. , 12 Contra Costa Municipal Court, Walnut Creek-Danville Judicial 13 District, Action 61030; and Bay Cities Crane and Rigging, Inc, v. 14 V&M Construction, et al. , Contra Costa Municipal Court, Walnut 15 Creek-Danville Judicial District, Action No. 60458 . 16 9. Of the total contract price to be paid for the above- 17 described labor and services, the amount of $138,710.00 has been 18 withheld as a result of Stop Notices filed on the project by 19 third parties and certain sums to be paid for extra labor, 20 materials, services and equipment are in dispute which total the 21 additional sum of $41, 560. 61, which was and is the reasonable 22 value for certain extra work performed on the project by V&M and Law Offices 23 is now due and owing to Plaintiff, after -deducting all just GAGEN,McCOY, McMA$ON& 24 credits and offsets and the same has not been paid.'o -Ino�addition, ARMSTRONG APwfasional 25 claims by one or all of the above described subcontractors for Corporation 279FromWeel 26 additional compensation for extra work performed is also due and Danville,CA 94526 (510)837-05 85 F:\VOL.2\CLIENT126892\COMPLDOC —4— 1 payable to the extent that such charges are deemed valid in this 2 action. There is now due, owing and unpaid the sum of 3 $180,270.61, plus interest at the legal rate from and after 4 November 23, 1994 until paid, plus the additional claims as 5 referenced above. 6 10. On or about November 23, 1994, Plaintiff V&M provided 7 Defendant COUNTY with an application for certain additional 8 amounts sought herein 'and the parties have been unable to resolve 9 their differences with respect to the claim for additional 10 compensation since that time. 11 11. Plaintiff is informed and believes that Defendant 12 accepted Plaintiff' s work in November 1994 and on December 19, 13 1994 filed in the office of the County Recorder of the County of 14 Contra Costa, State of California, a notice of completion of said 15 work. 16 12 . The labor and materials described herein were furnished 17 by Plaintiff, as aforesaid, by the authority and with the 18 knowledge and consent of Defendants, and each of them, owners or 19 reputed owners of the real property described herein. 20 13 . As a further result of the breach by Defendant COUNTY, 21 V&M has been required to defend itself and its surety against 22 lawsuits brought by subcontractors as described herein above, all I.awOffi— 23 to Plaintiff V&M's damage, according to proof at trial. GAGEN,McCOY, McMAHON& 24 14 . Plaintiff performed all other conditions;"&covenants and ARMSTRONG AProfenional 25 promises under the contract on its part to be performed, with the Corporation 279Front Street 26 exception of those conditions, covenants, and promises under said Danville,CA 94526 (510)837-0585 F:\VOL2\CLIENM6892\COMPLDOC —5— I contract which Plaintiff was excused from performing. 2 WHEREFORE, Plaintiff prays judgment as hereinafter set 3 forth. 4 SECOND CAUSE OF ACTION 5 (Common Count) 6 Plaintiff alleges against all Defendants: 7 15. Plaintiff repeats, realleges and incorporate herewith 8 by reference paragraphs 1 through 14, inclusive, as though fully 9 set forth herein. 10 16. Within two years last past, Plaintiff furnished 11 additional work and materials at the special instance and request 12 of Defendants and for which the amount of $180,270. 61 is 13 presently due and owing for said furnished work and materials. 14 Although demand has been made on Defendants for payment of this 15 last stated sum, nothing has been paid on said balance of 16 indebtedness and the sum of $180,270. 61 plus interest at the 17 legal rate from and after November 23, 1994 is now due and owing 18 from Defendants to Plaintiff herein. 19 WHEREFORE, Plaintiff prays judgment as hereafter set forth. 20 THIRD CAUSE OF ACTION 21 (Declaratory Relief) 22 Plaintiff alleges against all Defendants: Law Offices 23 17. Plaintiff repeats, realleges and incorporate herewith GAGEN,McCOY, McMAHON& 24 by reference paragraphs 1 through 14, inclusive, as'"�though fully ARMSTRONG AProfmional 25 set forth herein. Corporation 279 Front Street 26 Danville,CA 94526 (510)837-0585 F:\VOL2\CLIEN1126892\COMPL.DOC —6— i 1.8. Plaintiff alleges on information and belief that the 2 damages described herein at Paragraphs 8, 9, and 13 are the 3 result of the COUNTY'S refusal to recognize valid extra work 4 claims, or by other conduct as yet unknown to Plaintiff. 5 19. An actual controversy has arisen and now exists between 6 Plaintiff and all Defendants concerning their respective rights 7 and duties under the above-described contract and for extra work 8 claims in that Plaintiff contends the above-described claims are 9 valid and Plaintiff is entitled to additional compensation under 10 the terms of the contract whereas Defendant COUNTY has denied 11 Plaintiff's claims and contend that the no further compensation 12 is due. 13 20. Plaintiffs desire a judicial determination of their 14 rights and duties and a declaration as to which party' s 15 interpretation of the contract and extra work claims is correct. 16 21. A judicial declaration is necessary and appropriate at 17 this time under the circumstances in order that Plaintiff may 18 ascertain their rights and duties under the contract. Until 19 these rights and duties are determined, Plaintiff and Defendants 20 AYALA BORING, INC. , SAN JOSE CONCRETE PIPE COMPANY, and BAY 21 CITIES CRANE AND RIGGING, INC. will not know whether they are 22 entitled to compensation for extra work by Defendant COUNTY. Law Offices 23 WHEREFORE, Plaintiff prays judgment against Defendants, and GAGEN,McC,`OY, McMAHON& 24 each of them as follows: ARMSTRONG AProfmional 25 1. For a declaration that Plaintiff is entitled to Cordon 279Front Street 26 additional compensation under the terms of the contract described Danville,CA 94526 (510)837-0585 FAVOL2\CLIEN 76892\COMPL..DOC —7— 1 herein; 2 2. For damages for failure to provide compensation for 3 extra and necessary' work under the subject contract in a sum to 4 be determined, at time of trial, including reasonable attorney's r 5 fees incurred in seeking recovery of these damages; 6 3. For general damages, including the sum of $180,270.61 7 principal, and according to proof at trial; 8 4. For special damages according to proof at trial; 9 5. For prejudgment interest on the above sums at the legal 10 rate of ten percent (10%) , from and after November 23, 1994; 11 6. For costs of suit incurred herein; 12 For such other and further relief as the Court may deem 13 just and proper. 14 Dated: May /S 1995 GAGEN, McCOY, McMAHON & ARMSTRONG 15 A Professional Corporation 16 Y- 17 VICTO , J. CONTI Attorney for Plaintiff 18 MICHAEL V. NOVO, dba V&M CONSTRUCTION/BACKHOE 19 20 21 22 Law Offices 23, GAGEN,McC'OY, McMAHON& 24 ARMSTRONG A Professional 25 Corporation 279 Front Street 26 Danville,CA 94526 (510)837-0585 F:\VOL2\CLIENT\26892\COMPLDOC —8— CONTRACI' (Contra Costa County Standard Form Construction Agreement) 1. SPECIAL TERMS. These special terms are incorporated below by reference. (See Secs.2,3) Parties:. Public Agency--Contra Costs County Flood Control and Water Conservation District Contractor--V&M Construction/Backhoe Effective.Date: -June 29, 1994 (Sec Section 4 for starting date.) (See Sec.3) Project Name,Number and Location: Drainage Area 10,Line G Culvert Replacement,Project No.7554-6138482-92; located near Danville Blvd.in the Danville area. The work consists of constructing,jacking and laying 96"storm drain line, constructing inlet and outlet structures, abandoning two existing 48"culverts,regrading and armoring the adjacent creek and embankments all in accordance with the Plans, Drawings, Special Provisions and/or Specifications prepared by or for the Chief Engineer and in accordance with the accepted Bid Proposal. (See Sec.4) Completion Time: Within 60 working days from starting date. (See Sec.5) Liquidated Damages: $500.00 per calendar day. (See Sec.6) Public Agency's Agent: Chief Engineer (See Sec.7) Contract Price: $274,320.00 more or less,in accordance with fini�sh�edd quantities at unit bid prices. (See Sec.8) Federal Taxpayer's I.D.or Social Security No. 2. SIGNATURES&ACKNOWLEDGEMENT. Public Agency,By: ichaelord, Chief Engineer Contractor,hereby also certifying awareness of and compliance with Labor Code Sections 1861 and 3700 concerning Workers' Compensation Law By V �(1_S�t O i�iu R- (Designate official capacity in the business) By: (Designate official capacity in the business) Note to Contractor. For corporations, the contract must be signed by two officers. The first signature must be that of the chairman of the board, president or vice president; the second signature must be that of the secretary,assistant secretary,chief financial officer or assistant treasurer. (Civil Code,Section 1190 and Corporations Code,Section 313.) The acknowledgment below must be signed by a Notary Public. CERTIFICATE OF ACKNOWLEDGNMNT State of California j� ) County of '(� On the date written below,before me,the undersigned Notary Public,personally appeared the person(s)signing above foi`'Gontract9r, personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s)is/arc subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ics),and!fiat by his/her/their signature(s)on(tic instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. 1r+ral-fii- ANNELIE 1.�DOUGLASS YdR}B06 All RMA C Nl'AdA CO&TA COUNTY MY Comm.U49(63 Nov.21L 1991 Q LC i (Not uy 1 d , � 3. WORK CONTRACI-, Cl IAN(;FS. (a) By their signatures in Section 2,effective on the above date,these pax tics promise and agree as set forth in this contract, incorporating by these references the material in Section 1,SPECIAL'IVRIv1S. (b) Contractor shall,at his own cast and expense,and in a workmanlike manner,fully and faithfully perform and complete the work;and will Furnish all materials,labor,services and transportation necessary,convenient and proper in order fairly to perform[lie requirements of this contract,all strictly in accordance with the Public Agency's plans,drawings and specifications and in accordance with the accepted bid propxtsal. (c) The work can be changed only with Public Agency's prior written ortler specifying such change and its cost agreed to by the parties;and the Public Agency shall never have to pay more than specified in Section 7, PAYMENT,without such an order. 4. TIME; NO1110E TO PROCEED. Contractor shall start this work as directed in the specifications or the Notice to Proceed;and shall complete it as specified in Section 1,SPECIAL TERMS. S. LIQUIDATED DAMAGES. If the Contractor fails to complete this contract and this work within the time fixed therefor,allowance being made for contingencies as provided herein,he becomes liable to the Public Agency for all its loss and damage therefrom;and because,from the nature of the case,it is and will be impracticable and extremely difficult to ascertain and fix the Public Agency's actual damage from any delay in performance hereof,it is agreed that Contractor will pay as liquidated damages to the Public Agency the reasonable sum specified in Section 1,SPECIAL TT RMS, the result of the parties'reasonable endeavor to estimate fair average compensation therefor,for each calendar day's delay in finishing said work;and if the same be not paid,Public Agency may,in addition to its other remedies,deduct the same from any money due or to become due Contractor under this contract. If the Public Agency for any cause authorizes or contributes to a delay,suspension of work or extension of time, its duration shall be added to the time allowed for completion, but it shall not be deemed a waiver nor be used to defeat any right of the Agency to damages for non- completion or delay hereunder. Pursuant to Government Ccele Section 4215,the Contractor shall not be assessed liquidated damages for delay in completion of the work,when such delay was caused by the failure of the Public Agency or the owner of a utility to provide for removal or relocation of existing utility facilities. 6. INTEGRATED DOCUMENTS. The plans, drawings and specifications or special provisions of the Public Agency's call for bids,and Contractor's accepted bid for this work are hereby incorporated into this contract;and they are intended to cooperate,so that anything exhibited in the plans or drawings and not mentioned in the specifications or special provisions,or vice versa,is to be executed as if exhibited,mentioned and set forth in both,to the true intent and meaning thereof when taken all together,and differences of opinion concerning these shall be finally determined by Public Agency's Agent specified in Section 1,SPECIAL TERMS. 7. PAYMENT.. (a) For his strict and literal fulfillment of these promises and conditions,and as full compensation for all this work, the Public Agency shall pay the Contractor the sum specified in Section 1,SPECIAL TERMS,except that in unit price contracts that payment shall be for finished quantities at unit bid prices. (b) On or about the first of each calendar month,the Contractor shall be paid for all work done through the 15th of the preceding calendar month, as determined by Public Agency,minus 10%thereof pursuant to Public Contract Code Section 9703,but not until defective work and materials have been removed,replaced,and made good. . 8. PAYMENTS WITHHELD. (a) The Public Agency or its Agent may withhold any payment, or because of later discovered evidence nullify all or any certificate for payment,to such extent and period of time only as may be necessary to protect the Public Agency from loss because of: (1) Defective work not remedied,or uncompleted work,or (2) Claims filed or reasonable evidence indicating probable filing,or (3) Faiture to properly pay subcontractors or for material or labor,or (4) Reasonable doubt that the work can be completed for the balance then unpaid,or (5) Damage to another contractor,or (6) Damage to the Public Agency,other than damage due to delays. (b) The Public Agency shall use reasonable diligence to discover and report to the Contractor,as the work progresses,the materials and labor which are not satisfactory to it,so as to avoid unnecessary trouble or cost to the Contractor in making good any defective work or parts. (Page 2 of 4) (c) 35 calendar days after lite Public Agency files its notice of completion of the entire work,it shall issue a certificate to the Contractor and pay lite balance of the contract price after deducting all amounts withheld under this contract,provided the contractor slows that all claims for labor and materials have been paid,no claims have been presented to the Public Agency based on acts or omissions of the Contractor,and no licit s.or,withliold notices have been filed against the work or site,and provided there are not reasonable indications of defective or missing work or of 1;11.1t-recctd6d. notices of liens or claims against Contractor. 9. INSURANCE. (Labor Code Seca. 1860.61) On signing this contract,Contractor must give Public Agency (1) a certificate of consent to self-insure issued by the Director of Industrial Relations,or (2) a certificate of Workers'Compensation insurance issued by an admitted insurer, or (3) an exact copy of duplicate thereof certified by the Director or the insurer. Contractor is aware of and complies with Labor Code Section 3700 and the Workers'Compensation Law. 10. BONDS. On signing this contract Contractor shall deliver to Public Agency for approval good and sufficient bonds with sureties, in amount(s)specified in the specifications or special provisions,guaranteeing his faithful performance of this contract and his payment for all labor and materials hereunder. 11. FAILURE TO PERFORM. If the Contractor at any time refuses or neglects,without fault of the Public Agency or its agent(s),to supply sufficient materials or workmen to complete this agreement and work as provided herein,for a period of 10 days or more after written notice thereof by the Public Agency,the Public Agency may furnish same and deduct the reasonable expenses thereof from the contract price. 12. LAWS APPLY. General. Both parties recognize the applicability of various federal,state and local laws and regulations,especially Chapter 1 of Part 7 of the Caiifornia Labor Code(beginning with Section 1720,and including Sections 1735,1777.5,and 1777.6 forbidding discrimination)and intend that this agreement complies therewith. The parties specifically stipulate that the relevant penalties and forfeitures provided in the Lair,-Code, especially in Sections 1775 and 1813,concerning prevailing wages and hours,shall apply to this agreement as though fully stipulated herein. 13. SUBCONTRACTORS. Public Contract Code Sections 4100AI14 are incorporated herein. 14. WAGE RATES. (a) Pursuant to Labor Code Section 1773,the Director of the Department of Industrial Relations has ascertained the general prevailing rales of wages per diem,and for holiday and overtime work, in the 16cality in which this work is to be performed, for each craft, classification,or type of workman needed to execute this contract,and said rates areas specified in the call for bids for this work and are on file with the Public Agency,and are hereby incorporated herein. (b) This schedule of wages is based on a working day of 8 hours unless otherwise specified;and the daily rate is the hourly rate multiplied by the number of hours constituting the working day. When less than that number of hours are worked,the daily wage rate is proportionately reduced, but the hourly rate remains as stated. (c) The Contractor,and all his subcontractors,must pay at least these rates to all persons of this work,including all travel,subsistence,and fringe benefit payments provided for by applicable collective bargaining agreements. All skilled labor not listed above must be paid at least the wage scale established by collective bargaining agreement for such labor in the locality where such work is being performed. If it becomes necessary for the Contractor or any subcontractor to employ any person in a craft,classification or type of work(except executive,supervisory,administrative,clerical or other non-manual workers as such)for which no minimum wage rate is specified,the Contractor shall immediately notify the Public Agency which shall apply from the time of the initial employment of the person affected and during the continuance of such employment. 15. HOURS OF LABOR. Eight hours of labor in one calendar day constitutes a legal day's work,and no workman employed at any time on this work by the Contractor or by any subcontractor shall be required or permitted to work longer thereon except as provided in Labor Code Sections 1810-1815. 16. APPRENTICES. Properly indentured apprentices may be employed on this work in accordance with Labor Code Sections 1777.5 and 1777.6, forbidding discrimination. .(Page 3 of 4) 17. PRIAA;RIiN(T, FOR MATI'-ItIA[ti 'Ilse Public Agency desires to promote the indusIIics and economy of Contra Costa coil llIV,and the Contraclor therefore promises to use(he products,workmen,labors s and mechanics of this County in(.'very case where(he price,fitness and quality arc equal. 18. ASSIGNMIiNT. 'lite agreement binds the heirs,successors,assigns,and representatives of the Contractor,but he cannot assign it in whole or in part, nor any monies due or to become due under it, without the prior written consent of the Public Agency and the C:ontraclor's surety or sureties, unless they have waived notice of assignment. 19. NO WAIVER BY PUBLIC AGENCY. Inspection of the work and/or materials,or approval ofworkand/or materials inspected,orstalcmenl by any offiocr,agent or employee of lire Public Agency indicating the work or any part thereof complies with the requirements of payments therefor, or any combination of these acts,shall not relieve the Contractor of his obligation to fulfill this contract as prescribed;nor shall the Public Agency be (hereby estopped from bringing any action for damages or enforcement arising from the failure to comply with any of lite terms and conditions hereof. 20. HOLD HARMLESS AND INDEMNITY. (a) Contractor promises to and shall hold harmless and indemnify from the liabilities as defined in this section. (b) 'Ilse indemnitees benefited and protected by this promise arc the Public Agency and its elective and Appointive boards,commissions,officers, agents and employees. (c) The liabilities protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened because of actions defined below,including personal injury,death,property damage,inverse condemnation,or any combination of these,regardless of whether or not such liability,claim or damage was unforeseeable at any time completed,and including the defense of any suit(s)or aclion(s)at law or equity concerning these. (d) The actions causing liability are any Act or omission(negligent or non-negligent)in connection with the matters covered by this contract and attributable to the contractor,subcontractor(s),or any officer(s),agcnt(s)or employ(((s)of one or more of them. (e) Non-Conditions: The promise and agreement in this section is not conditioned or dependent on whether or not any indemnitee has prepared, supplied,or approved any plan(s),drawing(s),specification(s)orspecial provision(s)in connection with this work,has insurance or other indemnification covering any of these malleus,or that the alleged damage resulted partly from any negligent or willful misconduct of any indemnitee. 21. EXCAVATION. Contractor shall comply with the provisions of Labor Code Section 6705,if applicable,by submitting to Public Agency a detailed plan showing the design of shoring,bracing,sloping,or other provisions to be made for worker protection from the hazard of caving ground during trench excavation. 22. RECORD RETENTION. Except for records delivered to Public Agency, Contractor shall retain,for a period of at least five years after Contractor's receipt of the final payment under this contract,all records prepared in the performance of this contract or otherwise pertaining to the work,including without limitation bidding,financial and payroll records. Upon request by Public Agency,Contractorshall make such records available to Public Agency,or to authorized representatives of the state and federal governments,at no additional charge and without restriction or limitation on their use. 23. CONFLICT W171:1-1 BID. It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this contract and the bid or proposal of said Contractor, then this contract shall control and nothing herein shall be considered as an acceptance of said terms of said proposal conflicting herewith. \tt FORM APPROVED by County Counsel. (CC-1; Rev.2-92) C:wp51\WORK\DA10G.CNT (Page 4 of 4) { CLAIM C 1 BOARD OF SUPERVISORS,OF CONTRA COSTA COUNTY, CALIFORNIA 1 June 2, 1995 Claim Against the County, or District governed by) BOARD ACTION the 603rd 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: $270.00 Section 913 and 915.4. Please note 1zr! CLAIMANT: Nunn Farms c/o Tony Ahio jn J U N 0 6 1995 ATTORNEY: COUNTY COUNSEL Date received MARTINEZ CALIF. ADDRESS: 741 Sunset Rd. BY DELIVERY TO CLERK ON June 5, 1995 Brentwood, CA 94513 BY MAIL POSTMARKED: June 2. 1995 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. June 6 1995 PpHHIL BATCHELOR, Clerk DATED: BY: Deputy 11. FROM: County Counsel TO: Clerk of the Board of Supervisors ( L4""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 seed warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: ((/- to BY: Deputy County Counsel 111. FROm: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. S N"M: Z�;_7ER: By unanimous vote of the Supervisors present (�) This Claim is rejected in full. ( ) Otrer: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: rJ2, l CI-9,T- PHIL $ATCHiEIOR, 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. vc•u r*,ay seek the advice of ar attorney of your choice in connection with this matter. If you want to consult an attorney, you sto,;ld do s: immediately. * For Additional Warning See Reverse Side Of This Notice. AFFIDAVIT OF MAILING I de:lare under penalty of perjury that I am now, arc at all times herein mentioned, have been a citizen of tre United 5:ates, over ace 2:; and that today I deposited in the United States Postal Service in Martinez. Ca'"Fz-ria, postace fully prepaid a ce-t'. ed :^-Dy of ttOs Board Order and Notice to Claimant, addressed to .re .la'-ant as shoo^. atcve. BY: PHIL BATC+'E!_OR ty ' e;uty Clerk __. :C„n:y Cc."Sel County Administrator G o 1 f 1 CP k vLnr' 1 Sy to ^ w Z OlJ• i C1a-; to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT A. Clams relating to causes of action for death or for injury to person or to per- sonal property or growing crops and which accrue on or before December 31, 1987, must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or after January 1, 1988, must be presented not later than six months after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Govt. Code 5911.2.) B. Clam 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 for=. RE: Claim By ) Reserved for Clerk's filing stamp N u►��► I-�rr�s RECEIVED ) Against the County of Contra Costa ) JUN 5 10 or ) old'• District) CLERK BOARD OF SUPERVISORS Fill in name) ) CONTRA COSTA CO. The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ ���"—" and in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact date and hour) t'►,�oc,P VV EnVtcZ .� Z ` R 2. Where did the damage or injury occur? (Include city and county) SaA(� A�e-v�u2 AQ-bk 2 �v.,seARoc� I (,A- 3. How did the damage or injury occur? (Give full details; use extra paper if required) jR I/ o Vo 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? 0V�- 1 �. wnat are the names of county or district officers, servants or employees causing the dam-age or injury? 5. What damage or injuries do you claim resulted? (Give full extent of injuries ,or damages claimed. Attach two estimates for auto damage. tsJ v� r►J ems p,D�2__ 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) FIJV.II\ 1Q, Cd�� \)C, $. '?James and addresses of witnesses, doctors and hospitals. c(e- ----------------- 9. List the expenditures you,made on account of this accident or injury: DATE (ITEM, AMOUNT 5k H� 170�bc�r �i+ti �aiss �o Gov. Code Sec. 910:2 provides: "The claim must be signed by the claimant SEND NOTICES T0: ' (Attorney) or by some person on his behalf." Name and Address of Attorney C is Signature �y t (Address) Telephone No. Telephone No. fJ' lD— G-SLc * * * * at N O T I C E Section 72 of the Penal Code provides: "Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, city or district board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is punishable either by imprisonment in the county jail for a period of not more than one year, by a fine of not exceeding one thousand ($1,000), or by both such imprisonment and fine, or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars ($10,000, or by Doth such imprisonmient and fine. it 4 .. p 1177,BOULEVARD WAY i WALNUT CREEK. CA 94595INVOICE (510)933-2940 . 8 3'4 5 FAX(510)933-2951, r VAL66V 91,-ASS rCOMPANV p"6625 BRENTWOOD BOULEVARD + BRENTWOOD,CA 94513 (510)6345155 fq FAX(510)63441172 j �° f . t±tl,�fl' O, ' ,C✓ (- -" ,•)-.�,.,� SHIP TO �M�ixaI6 YT D E �MR ORDER.NO. PHONE NUMBER PHONE FIRST JOB DATE ,INSTALLED BY Q7Y rr r .;-aifn> fwSiZE+ r.;.;,+ ... ``` ;. DESGR1PTlONe ,. ,;LIST. ..;: ;'DISC `:TOTAL X X lk 0 A .... iLL W;�l • - Js;� �rSi. X 5y h4 d. m r�, V, y kwrt. acr .. X 77 M t X' T e , X X PLEASE PAY FROM.THIS INVOICE—STATEMENT SENT ONLY,UPON REQUEST;TERMS—PAYABLE UPON ,REQUEST-FINANCE CHARGE OF 1 Y2% PER MONTH(ANNUAL RATE: 18%)CHARGED,ON PAST•DUE BALANCE. IN'THE'E'VENTLEGAL'ACTION IS REQUIRED FOR COLLECTION CUSTOMER AGREES TO PAY.ALL'COLLECTION COSTS AND REASONABLE ATTORNEY FEES.. CUSTOMER DUPLICATE CLAIM BOARD OF SUPERVISORS OF CONTRA: COSTA COUNTY, CALIFORNIA June Z/ , 1995 Claim Ag!inst the County, or District governed by) BOARD ACTION t~e Sc. rd ;.f Sipervisors, 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: $50,000.00 + Section 913 and 925.4. Please note all "W®pings:o CLAIMANT: John 1I. Petry ATTORNEY: Michael Reed, Esq. J U N 0 6 1995COUNTY COUNSEL Kikes & Reeds Date received MARTINEZ CALIF. ADDRESS: 1682 Parkside ]Dr. BY DELIVERY TO CLERK ON June 5, 1995 Walnut Creek; CA 94596 BY MAIL POSTMARKED: Not Legible 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: June 6, 1995 PpHHIL BATCHELOR, Clerk BY: Deputy 67 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 seed warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: BY:. Deputy County Counsel 111 . FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. SOAR: unanimous vote of the Supervisors present ( " ) This Claim is rejected in full. ( ) Otter: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: ,�-,,,,,, X7 ►ggs_PHIL BATCHELOR, Clerk, B 1 p��. Deputy Clerk Q _ 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. Y:w mey seek the advice cf an attorney of your choice in connection with this matter. 1f you want to consult an attorney, y::, shc6�ld do sz immediately. * For Additional Warning See Reverse Side Of This Notice. AFFIDAVIT OF MAILING I de:tare under penalty of perjury that I am now, anc at all times herein mentioned, have been a citizen of the United States. over age 1=; and that tcday I de:osited in the United States Postal Service in Martinez, Ca'"fo-ria, postage fully prepaid a cert=f-ed ::Dy of this Eoard Order and Notice to Claimant, addressed to re cla--art as shown atcve. 9� BY: DH1! EA?C+'E;OR ty Deputy Clerk __. Zc: rty Cc.,Sel County Adr'ir.istrator ., RECEIVED ;,)19N 51995 CLERK BOARD OF SUPERVISORS C(Ii ITRA COPTA CO. CLAIM AGAINST PUBLIC ENTITY In The Matter Of The Claim Of JOHN M. PETRY Claimant, vs. CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT Mr. Michael J. Reed, Attorney at Law, on behalf of Claimant, hereby presents this claim to the Contra Costa Flood Control and Water Conservation District pursuant to Section 910 of the California Government Code. The name and address of Claimant's attorney aril the post offid''e address-to which Claimant desires notice of this claim be sent is as follows: - KIKES & REED, Attorneys at Law (510) 930-6886 Mr. Michael Reed, Esq., SBN 122324 1682 Parkside Drive Walnut Creek, California 94596 The name and address of Claimant is as follows: John M. Petry 3307 Berta Lane Lafayette, Cal. 94549 From January 9, 1995 and continuing to the present date, Claimant received injuries under the following circumstances: On January 9, 1995, and March 22, 1995 John M. Petry, property owner, suffered damage when a storm drain conveying water flows.under Mount Diablo Blvd. and across the El Charro _Restaurantproperty failed to retain waters within its design capacity causing overflow of waters'onto the Claimant's property resulting in substantial water and mud debris flow damage to Claimant's real property and personal property..- The,resultant.damage to 1 i Claimant's property during the period of flooding and its aftermath caused the Claimant to suffer additional personal and mental injuries and emotional distress. Claimant further alleges that the Contra Costa County Flood Control and Water Conservation District ("District") acted unreasonably by allowing freeway runoff and natural drainage flow to exceed the capacity of the drainage system which resulted in the damage described above. Claimant will be seeking damages on theories of nuisance, negligence, trespass, dangerous condition of public property and inverse condemnation. The District owned, controlled and/or maintained the storm drain system described above. At the time of presentation of this claim, Claimant claims damages in excess of$50,000 and thus jurisdiction of this matter rests with the Superior Cou of the Statq of California. Dated: June 2, 1995 MXXael J. Reed Attorney for Claimant (Govtclaim) 2 C: AIM • BOARD OF SUPERVISORS OF CONTRA _COSTA COUNTY, CALIFORNIA June 27, 1995 Claim Against the County, or'District governed by) BOARD-ACT ION the ooard 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 Califc►nia Gcvernr*nt Codes. ) the action taken on your claim by the Board of Supervisors Rec.,,Pg1j"(Paragraph IV below), givenpursuant to Government Code Amount: Unknown 9-5d.4. Please note all "Warnings". CLAIMANT: Louise Santone and Bob Santone J U N 0 7 1995 ATTORNEY: Steven R. Clawson, Esq. COUNTYCOL►fVSE< Wells, Call,. Clark & Bennett Daarl,ffit�AgF. ADDRESS: 1710 Pennsylvania Ave. , Ste. C BY DELIVERY TO CLERK ON June 6, 1995 Fairfield, CA 94533 BY MAIL POSTMARKED: JilUe 5, 1995 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. gg DATED: June 7, 199 ; $all DepuLyLOR, Clerk 11. FROM: County Counsel TO: Clerk of the Board of Supervisors ( vf} 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). ( ) Clair' is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to acply for leave to present a late claim (Section 911.3). ( ) Other: Bated: �_c1 S 8Y: T dt, �---- �Z Deputy County Counsel 111. FKC": Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. Sy unanimows vote of the Supervisors present ( �} Tois Claim is rejected in full. ( ) Otter: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated:'- 1995 PHIL BATCHELOR, Clerk, By _ �Aa�l/�.i�s 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 tepesited in the ,nail to file a court action on this claim. See Government Code Section 945.6. yew **:ay seek tre a_v•ce cf an attorney of your choice in connection with this matter. If you want to consult an attorney, y:�j s�,c,lc d: s. immediately. * For Additional Warning See Reverse Side Of This Notice. AFFIDAv1T OF MAILING 1 ce:lare under penalty of perjury that 1 am now, an: at all times herein mentioned, have been a citizen of the gaited Sates, over age 1E; and that today I ce:osited in the.U^ited States Postal Service in Martinez, La .j:moria, pcste.e fully prepaid a ce"t"'ee ::Dy of tr4s hoard order and Notice to 'Claimant, addressed to .-e cla•!nart as sho«^ at:ve. BY: PhIL AA eputy Clerk ....nty C:.mss?i Cc.r.ty ado^iristratcr acs�.s�aoa��+.as�au cv (6 H r tai 1 a,n N. �v OU C, Q � Co z A OU H M ;> �O U-) W pq O Ln Q s-i cM z s ix O O l< _ Ln o � ° z • Ln H R� ® [SHO GY U) W W W H W H ru azxa m �D H < U] UZ u a- A s N W W N O ° >-, Hz EL Q H W H ni Z: H O o Ln WU � Sid H Ei z D � o � N � w �+ r w Q Q 0 t�on w V� H a Q >. Q F� U z W z o z Q u) a > ,-1 W o } A a Q z W z ~ ui w a n a w 4 1` ayI TO: BOP'7 OF S SOBS QF C0 BArCOWrRPPtR6"%pPIIcation u:: Ins truc�iaas to ClattC:e�c of the Board MzMnez.Witorniz 945S3 A. Claims relating to causes of action for death or for in7u y to person or to personal propy or growing crops must be presented not later than the 100th day 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 actica. (Sec. 911..2, Govt-. Code) B. Claims must be filed with ;rhe Clerk of the Board of Supervisors at its office in Room 106, County Admiais cation Building, 651 Pine Street, Martinez, Cali'&ornia 943S3. I C. If claim is against a district governed by the Board of Supervisors, rather than the Counny, the name of the IIistricf should be filled ia. D. If the classy is ag ;^st =--e than one clic entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Peril Code Sec. 72 at and o�-this fora. lrktletirtktttierrlit,r�trr:tlrtllrllretettrtRtl�:sltttrirl�tirltlt�rl�#*tutu#lc,ttirtl�r�rt•trt* .Rr-: Claim by )Reserved for Clerk' s -filing stamps LOUISE SANTONE and RECEIVED BOB SANTONE ) } iJUN 61995 Against the COUNTY OF CONTRA COSTA) CLERK BOARD OF SUPERVISORS.i or DISTRICT) CONTRA COSTA CO. r_ in name) ) The undersigned claimant hereby makes claim against the County of Co t T Costa or ;he above-named District in the St= o. $ In Excess of Jurisdictional and in support of this claim represents as follows: limits of the Superior ----- --- - -- -- - -- - Court 1. When did the damage or injury occur?� (Give exact date land hour) December 22, 1994 at 7: 00 p.m. 1 WRie d•].t1 thecaSAaor ,-, _T_ MN_M__--__..-------------------__-_- qe o: Bury oe::.:r? (Include city an county) Brookside Hospital, , _ .. 2000 Vale Road, City of San Pablo, County of Contra Costa, State of California. 3. B cid the damage or injury occur? (Give f::_1 cle:zi?s, use ex_ra sheets it required), See Attachment A. 4. What par+..=."E ar act or nn,ssion on the pa-rtofcounty or ic: officers , se-n-rants or employees caused the i.n3ury or damage? See Attachment.A. (over) j B.' ' What are the nam ' of county or district of: ars, servants or-- eMployees causing the damage or injury? Unknown at this time. ---_--- 6. what da:aage car �n?cries do yon claim resulted? Give full exten� of injuries or damages claimed. Attach two estimates for auto damage) See Attachment A. --------- •-------------- ------ ------ 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) See Attachment A. 8. Names and airesses of witnesses, doctors acidhospitals. See Attachment A. . 9.. List the expenditures you made on account of this accident or in3ury: DATE ITEM AMOUNT See1Attachment A. . i,+!*t#iet#lrnrtr:e:eteyrrnr+F*rtttttte�t�t�tltlttrtt*zlttttk�ttrtt+t*##rrlr�htt��kirYr♦�ierryFlt�ti�,t*�kdt{rt,t�r#�r�r*,t Govt. Code Sec. 910.2 provides: "The claim signed by the claimant SEND NOTICES T0: (Attorney) or by some persor,,op his behalf. " Name and Address of Attorney STEVEN R. CLAWSON, ESQ. , SBN 129299 Tma t' SSignaturWELLS, CALL, CLARK & BENNETT 4752 An 1710 Pennsylvania Avenue, Suite C Address Fairfield, CA 94533 El Sobrante, CA 94803 Telephone No. (707) 426-5300 Telenhone No. (510) 223-52.38 trtrettyryr�erw�e::rcresstretictir*at�tr+etrersselrt*�e***rr***�rt�t�rre�t.*,r*re+x,tvr*ett�r+r„�r+r*yea NOTICE Section 72 of the Penal. Code provides: . "Every person who, with intent to defraud, presents for all*wanee or For payment to any state board, or officer, or to any county, town, city district, ward or village board or offioer, authorised to' allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is guilty of a felony. ' ATTACHMENT A TO THE CLAIM AGAINST THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY (3) HOW DID THE DAMAGE OR INJURY OCCUR: Claimant Louise Santone fell over a cement tire block which was not visible at night due to the inadequate lighting in the parking lot of Brookside Hospital and due to the dark coloring or painted color of the tire block, and due to the placement of the cement tire block next to the handicap parking curb and sidewalk, which was placed at an odd angle away from the curb and sidewalk and not parallel to it. Unable to see the cement tire block and not suspecting one to be placed at an odd position and angle, Ms. Santone tripped over the tire block suffering the injuries alleged herein. (4) WHAT PARTICULAR ACT OR OMISSION ON THE PART OF COUNTY OR DISTRICT OFFICERS, SERVANTS TO EMPLOYEES CAUSED THE INJURY OR DAMAGE• This claim is based on injuries sustained by claimant, Louise Santone, the wife of claimant Bob Santone, and the emotional and economic damages sustained by Louise Santone and her husband Bob Santone, which all arise out of accident that occurred on December 22 , 1994 :in parking lot nearest the emergency room at Brookside Hospital located at 2000 Vale Road City of San Pablo, County of Contra Costa, State of California. The parking lot and the handicap parking and walkways in the front parking lot of Brookside Hospital was constructed by and at all relevant times herein were and are owned by, and are dedicated to, and are subject to an easement in favor of the County of Contra Costa and the West Contra Costa Healthcare District, and said parking lot, parking lot lighting cement tire blocks, curbs and sidewalks are customarily and habitually maintained, repaired, and controlled by the County of Contra Costa and the West Contra Costa Healthcare District and known by them to be travelled by pedestrian traffic. At all times herein mentioned, the County of Contra Costa and West Contra Costa Healthcare District, including their agents, principals, employees, counsels, departments, divisions and committees carelessly, negligently, recklessly, unlawfully and defectively designed, owned, operated, managed, controlled, inspected, supervised, installed, equipped, modified, maintained, painted and performed work in about the parking lot of Brookside Hospital located at 2000 Vale Road City of San Pablo, County of Contra Costa, State of California, so as to proximately cause or contribute to the injuries or damages claimed herein. At all times herein mentioned, the County of Contra Costa and West Contra Costa Healthcare District, including their agents, principals, employees, counsels, departments, divisions and committees carelessly, negligently, recklessly, unlawfully and defectively installed cement tire blocks or "curbs" in or about the parking lot of Brookside Hospital and in or about the specific area of the handicap parking at the Brookside Hospital located at 2000 Vale Road City of San Pablo, County of Contra Costa, State of California, so as to proximately cause or contribute to the injuries or damages claimed herein. At all •times herein mentioned, the County of Contra Costa and West Contra Costa Healthcare District, including their agents, principals, employees, counsels, departments, divisions and committees carelessly, negligently, recklessly, unlawfully and defectively painted the curb blocks a dark blue, placed the curb blocks close in the immediate proximity with the handicap parking curb and sidewalk, placed the cement tire blocks at an angle not parallel to the handicap parking curb and sidewalk at the parking lot of the Brookside Hospital located at the Brookside Hospital located at 2000 Vale Road City of San Pablo, County of Contra Costa, State of California, so as to proximately cause or contribute to the injuries or damages claimed herein. At all times herein mentioned, the County of Contra Costa and West Contra Costa Healthcare District, including their agents, principals, employees, counsels, departments, divisions and committees carelessly, negligently, recklessly, unlawfully and -defectively designed, owned, operated, managed controlled, inspected, supervised, installed, equipped, modified, and maintained the parking lot lighting and light fixtures so as to cause the Lights to be dim or inoperative making the area outside of the Brookside Hospital Emergency room dangerous and unsafe so as to proximately cause or contribute to the injuries or damages claimed herein. Louise Santone's fall and her injuries were approximately caused by the construction, configuration, color and location of the cement tire blocks near and against the curb and sidewalk and the dim or inoperative lighting. The condition of the parking lot, cement tire blocks, handicap parking curb, sidewalk and lighting as above described constituted a dangerous condition of public property that created a substantial risk of injury to pedestrians walking with due care on the parking lot, proximately causing Louise Santone to trip, fall, and sustain bodily injuries. The above described parking lot was negligently and carelessly constructed, owned, operated, repaired, controlled, created, inspected, supervised, installed, and maintained by the County of Contra Costa and West Contra Costa Healthcare District, including their agents, principals, supervisors, employees, counsels, departments, divisions, committees so as to cause a hidden trap, and unexpected hazard making the parking lot and walkways, cement tire blocks, curbs and sidewalks dangerous and unsafe and proximately causing the injuries and damages to Louise Santone. The County of Contra Costa and West Contra Costa Healthcare District, including their agents, principals, supervisors, employees, counsels, departments, divisions, committees had actual and constructive notice of the parking lot, the condition, color and position of the cement tire blocks, position and configuration of the handicap parking curb and sidewalk, lighting and conditions above described. Said conditions have existed in substantially the same state and appearance for a substantial period of time prior to the time of the December 22, 1994 accident, sufficient to allow the County of Contra Costa and the West Contra costa Healthcare District to have taken measures to protect against and remedy the dangerous condition. The above described dangerous conditions were of such obvious nature that the conditions and its dangerous character should have been discovered by the County of Contra Costa and the West Contra costa Healthcare District would have been discovered had there been a reasonably adequate inspection and/or inspection system maintained and operated with due care. The conditions as above described created a reasonably foreseeable risk of the kind of injuries suffered by claimants Louise Santone and Bob Santone. (6) WHAT DAMAGE OR INJURIES DO YOU CLAIM RESULTED: Fracture of left hip and right rib cage, cracked and broken ribs, low back pain, bruising and contusions to left knee and left side of face. Blood pressure raised because of depression and stress from injuries. Stroke in the eye causing blindness. Loss of consortium damages to claimant Bob Santone. (7) HOW WAS THE AMOUNT CLAIMED ABOVE COMPUTED: The amount of damages are in excess of the jurisdiction of the Superior Court. The claim is based on the medical specials and severe permanent injuries sustained by claimant, Louise Santone, and based on the loss of consortium damages to claimant Bob Santone. (8) NAMES AND ADDRESSES OF WITNESSES, DOCTORS AND HOSPITAL: Security Guard - Brookside Hospital 2000 Vale Road, San Pablo, CA. Bob Santone - 4752 Appian, El Sobrante, CA. Tina Wright - 4752 Appian, E1 Sobrante, CA. John W. Hutchinson, M.D. - 2023 Vale Road, Suite 206, San Pablo, CA. WCC Radiology Med. Group, Inc. - 305 Lennon Lane, Walnut Creek, CA. Alan D. Rosenberg, --M.D. - 2000 Vale Road, San Pablo, CA. (9) LIST THE EXPENDITURES MADE ON ACCOUNT OF THIS ACCIDENT OR - INJURY: Medical treatment with: John W. Hutchinson, M.D. $ 319. 31 Alan D. Rosenberg, M.D. 65.00 Jonathan Francis, M.D. 2,990 . 00 Brookside Hospital 5,819.83 WCC Radiology Med. Group 228 .00 Kaiser Permanente (approximately) 51000.00 and continuing TOTAL MEDICAL DAMAGES $ 14,422 .14 and continuing WELLS, CALL, CLARK Sc BENNETT A PROFESSIONAL CORPORATION ATTORNEYS AT LAW E. GORDON WELLS, JR. 1710 PENNSYLVANIA AVENUE, SUITE C DAVIS OFFICE R. DAYTON CALL FAIRFIELD, CALIFORNIA 94533 (916) 758-0299 THOMAS C. CLARK HAYWARD OFFICE SCOTT R. BENNETT TELEPHONE (707) 426-5300 (510) 867-0977 STEVEN R. CLAWSON FAX (707) 425-7785 NAPA OFFICE (707) 944-1221 RICHMOND OFFICE (510) 235-1028 VACAVILLE OFFICE (707) 446-0191 June 5, 1995 VALLEJO OFFICE (707) 643-7224 WOODLAND OFFICE (916) 666-1090 VIA CERTIFIED MAIL Board of Supervisors of Contra Costa County RECEIVED County Administration Building 651 Pine Street . Room 106 Martinez, California 94553 )rinl 1995 Re: Louise Santone CLERK BOP', Date of Injury: December 22, 1994 C0`-'- Dear Sir or Madam: Please find here enclosed an original and one copy of the Claim Against the Board of Supervisors of Contra Costa County with attachment for filing with the Board of Supervisors of Contra Costa County for injuries sustained by my client, Louise Santone, on December 22, 1994. Please file said Claim and return a file-stamped copy to my office in the enclosed, self-addressed, stamped envelope. Should you have any further questions concerning this matter, please . do not hesitate to contact my office. Very truly yours, WELLS, CALL, CLARK & BENNETT Steven R. Clawson SRC/td Enclosure CLAIM BOARD OF SUPERVISO4, OF Ct NTRA COSTA COUNTY, CALIFORNIA June 27, 1995 Claim Against the County, or District governed by) BOAR_ D 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 Governnent Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph Iv below), given pursuant to Government Code Amount: $50,000.00 + Section 913 and 915.4. Please note a} "Wmb s��"� CLAIMANT: Richard and Barbara Stachowski J U N 0 6 1995 ATTOPNEY: Michael Reed, Esq. COUNTY COUNSEL Kikes & Reed Date received MARTINEZ CALIF. ABDRESS: 1682 Parkside Drive BY DELIVERY TO CLERK ON June 1995 Walnut Creek, CA 94596 BY MAIL POSTMARKED: Not LegihlP 1. FROM: Clerk of the Board of Supervisors 70: County Counsel Attached is a copy of the above-noted claim, DATED: June 6, 1995 Ia'L BATCHELOR, Clerk 11. 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: Bated: �,e`�a �t BY: Deputy County Counsel 111. FKL•4: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). 1V. BCA;: . .ER: By unanimous vote of the Supervisors present ( v/) This Claim is rejected in full, ( ) Otr.er: 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—s", - , Deputy Clerk WARNING (Gov, code section 913) Subject to certain exce;:ions, you have only six (6) months from the date this notice was personally served or teposited in the mail to file a court action on this claim. See Government Code Section 945.6. YCu *r.bv Seek tre ato ce yr t.r. attarney of your choice in connection with this matter. if you want to consLo't an a::orae,, y::; s}c,lc d: s: imr tiately. • For Additional Warning See Reverse Side Of This 'notice. AFFIDAVIT OF MAILING I ee:lare under Penalty of perjury that I am now, arc at all times herein mentioned, have been a citizen of the L-rited S:::es. over age 1=; and that tc:ay I de:osited in the U"ited States Postal Service in Martinez, Ca .f:rria. pcs:ace fully prepaid a cer:'.r'ec :c:y .j :r4s Ecard order and Notice to Claimant. addressed to .re :ia=-ar: a: shovir at:ve. __:e; 4 � e;uty Clerk %.,r:y C:rrSei C.^:.rty Azrtiristratcr Lvuy \ \ J . / .tt » ~ 6, / / / . �..} . � u ! � } y gam \ § u w:i . 0 © . . < a , �5 �. RECEIVED ;. W 5 i CLERK OARD OF NTRA,COSTA E o.ISORS CLAIM AGAINST PUBLIC ENTITY In The Matter Of The Claim Of RICHARD AND BARBARA STACHOWSKI Claimants, vs. CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT Mr. Michael J. Reed, Attorney at Law, on behalf of Claimants, hereby presents this claim to the and Contra Costa Flood Control and Water Conservation District pursuant to Section 910 of the California Government Code. The name and address of Claimants' attorney and the post office address to which Claimants desire notice of this claim be sent is as follows: KIKES & REED, Attorneys at Law (510) 930-6886 Mr. Michael Reed, Esq., SBN 122324 1682 Parkside Drive Walnut Creek, California 94596 The name and address of Claimants is as follows: Richard and Barbara Stachowski 3308 Berta Lane Lafayette, Cal. 94549 From January 9, 1995 and continuing to the present date, Claimants received injuries under the following circumstances: On January 9, 1995, and March 22, 1995 Richard and Barabara Stachowski, property owners, suffered damage when a storm drain conveying water flows under Mount Diablo Blvd. and across the El Charro Restaurant property failed to retain waters within its design capacity causing overflow of waters onto the claimants' property resulting in substantial water and mud debris flow damage to claimants' real property and personal property. The 1 ♦ Y .j resultant damage to claimants' property during the period of flooding and its aftermath caused the claimants to suffer additional personal and mental injuries and emotional distress. Claimants further allege that the Contra Costa County Flood Control and Water Conservation District("District") acted unreasonably by allowing freeway runoff and natural drainage flow to exceed the capacity of the drainage system which resulted in the damage described above. Claimants will be seeking damages on theories of nuisance, negligence, trespass, dangerous condition of public property and inverse condemnation. The District owned, controlled and/or maintained the storm drain system described above. At the time of presentation of this claim, Claimants claim damages in excess of$50,000 and thus jurisdiction of this matter rests with the Superior Xouf t e Sta of ifornia. Dated: June 2, 1995 Michael J. Reed Attorney for Claimants (Govtclaim) 2 CLAIM BOARD OF SUDERVISO�S Of_GONTRA COSTA COUNTY, CALIFORNIA Ane-27, 1995 Clair; Against the County, or District governed by) BOARD ACTION the 6oard 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 Califc►nia Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $267.07 Section 913 and 915.4. Please note all "Warnings". CLAIMANT-. Dina Tasini and Mark Koger � } ATTO?:;EY: Date received 0",1TYCOUNSEL ALDRESS: 883 Via Manzavas BY DELIVERY TO CLERK ON June 8, 19WWfINEZCALIF. San Lorenzo, CA 94580 BY MAIL POSTMARKED: June 6, 1995 1. fROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PPH Bg DATED: June 9, 1095 BAIL DepuiyLOR, Clerk 11. FROM,: County Counsel TO: Clerk of the Board,of Supervisors ( ✓This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply Substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Clair:, is not timely filed. The Clerk should return claim on ground that it was filed late and nerd warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: % ' Is 8Y: r/1�— Deputy County Counsel 111. FKCt1: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. £CSR. :ER: By unanimous vote of the Supervisors present (� T^is Claim is rejected in full. ( ) Otr.er: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Datec: 9 9s PHIL BATCHELOR, Clerk, By L . Deputy Clerk WARNING (Gov. code section 913) Su'Dject to certain exce:tions, 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. Vc,. T.av Seek tre ato ce of ar. attorney of your choice in connection with this matter. If you want to consult an a:.cr ne„ y::: s}c:,lc d: s: immediately. * For Additional Warning See Reverse Side Of This 'notice. AFFIDAYiT OF MAILING 1 ce:lare under penalty of perjury that I am now, arc at all times herein mentioned, have been a citizen of t^e Uritec! S:aces. over ape 1_; and that today i ce.ositec in the Uritec States Postal Service in Martinez, Cal :j:-ria. pcstece fully ;repaid a ce-t�•f-ec ::Dy cf tt�s £oard Order and Notice to Claimant, addressed to .re c'a=-.a-.t as shown at:ve. _ 'cG BY: PrIL FA7Ci�E_C; :y e;uty Clerk ►ty Ct.►s?i Cc:,►ty Ap*"ristra::r 5 _ C i�� � �*, �O 4 �� "�] � �+ r ��� ,) O ` � r - "",.- (� i �... V' f ;. � a � � --� � ..: �� � a �� � � �� �= . � � ! `^ � � ``� �.�- � �' � -.. .�'� `� �� � � � � � � � � � Clai- to: BOAP0 OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT A. Claims relating to causes of action-for death or for injury to person or to per- sonal property or growing crops and which accrue on or before December 31, 1987, must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to causes of action for-death or for injury to person or to personal property or growing crops and which accrue on or after January 1, 1988, must be presented not later than six months after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Govt.-Code §911.2.) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal. Code Sec. 72 at the end of this form. BE: Claim By ) Reserved for Clerk's filin s p _Dina -M5I A I 3 tHark )L6.&✓ ) . RECEIVE® � 8 1995 Against the County of Contra Costa ) _ or ) District) C�PKCOA RAO OSTA CO.1SORS Fill in name ) The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ and in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact date and hour) f��z��y� �:�n ptir • - 2. Where did the damage or injury occur? (Include city and county) 3. How did the damage or injury occur? (Give full details; use extra paper if required) a� /{ ., leo artl, Gactu g 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? ,(�iS�Gf✓��,: i' . iovc�) j. wnat are the names of county or district officers, servants or employees causing the dam-ge or in jury? ---------------------------------��_.��. ------------------------------------- 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.) B. Names and addresses of witnesses, doctors and hospitals-. DI�Q/rk ��GO/Y _. �x Jam✓ 9. List the expenditures you made on account of this accident or injury: DATE 'ITEM-- AMOUNT /�2-�/fir -l°�✓'�`r �:`' � � ����� It I Gov. Code Sec. 910:2 provides: "The claim must be signed by the claimant SEND NOTICES TO: (Attorney) or by some person o behalf." Name and Address of Attorney C1p6mantis Signature 0�3 tic ildw?" (Address) �o _ Telephone No. y 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 irmpriso.rm�ent and fine. WORK ORDER GIMND REF N0. 2046907 Auto Supply _ pp y �`�Please keep this receipt for your information n r rr r••. — - - andprotection.Claims for refund,exchange,— {` %ttU �jT�l %f>! aYI {t;isi ;'� j4J Tires&Service or adjustment will be considered onlyupon r. r .r= T,•. its presentation. If;04 HES ,A ,4! STORE VALIDATION f••,.. CASHIER INITIALS CUSTOMER NAME HOME PHONE NO. STORE NO. BAR NO. DATETIME ADDRESSy� I , 1 C� �,Rr�� TI fyyg i S A11101{ ', DEUVERED/AD IUSTED TIRE SERIAL NO'S CITY �,{��✓h/ -.f)/// [(Jn� {t.¢• -STATE �.�qy/�. ZIP ODJ(� /�J MAX.TIRE WARRANTY MAX.BATTER. .WARRANTY `" -Sf`7 t G �•�'�•�V G�"� /'r�rs+e „7 V SPECCIIkIED IN M ES SPECIFIED IN:MONTHS YYE6R MAKE , ` MO L i PO NO. Ln1)KM MI MO. flt} IAV TIRE REGISTRATION ❑ CUSTOMER MILEAGE LICENSE NO. STATE EPA NO. POST CARD TO BE MAILED BY: ❑ GRAND/AUS, PROMISEO,DATE&.TIME WRITTEN BY SAVE PARTS? ALL PARTS-NEW ADJUSTED BY AUTHORIZED BY- , y UNLESS OTHERWISE .- YES NO SPECIFIED• REASON FOR TIRE ADJUSTMENT-SELECT ONE METHOD OF.. 0124 0215 0432 0153 0226 x QCASM -�' HECK CREDIT CARD GRAND/AL'S CARD 0199 0497 0453 0486 0997 PAYMENT'`;_;-' 0113 0420 0418 0475 1000 ESTIMATED ADDITIONAL <1NORWREQUESTED BY CUSTOMER DEscRIPTIon►; AMOUNT :ESTIMATE.. MINIMUM CHARGE r AUTHORIZATION OF ADD'L ADDITIONAL ESTIMATE AND TOTAL ESTIMATE BY DATE PRE-INSPECTION ESTIMATE TOTAL TOTAL TO TIME TOTAL ESTIMATE TECH SKU NO. . . No MFG.:PAI3TIo. CD JOB 4R.I PART QESCRIPTION LABOR QTY :UNIT PRICE TOTAL PRICE .. XX G � ` b. .� - Q Fi 4-' ... ..... ...... .. .. .. o ' "0_1 � :. Notice to Consumer: Please read DIAGNOSTIC MEASUREMENTS SUBTOTAL Important information on back BRAKE DRUMS/ROTORS BALL JOINTS BEFORE REPLACING MERCHANDISE 1" AFTER TURNING LEFT RIGHT LEFT RIGHT I hereby authorize you or your employees to perform the repair or installation work FT FRONT R{GHT FRONT ACTUAL ACTUAL ACTUAL ACTUAL / itemized hereon,including the costs of labor and materials.I hereby grant you and/or LE0= ACTUAL CREDIT t` your employees permission to operate the vehicle herein described at my risk on LU streets,highways or elsewhere for the purpose of testing and/or inspection.An express LEFT REAR RIGHT REAR 0- SAFE SAFE � SAFE SAFE mechanic's lien is acknowledged on this vehicle to secure the amount of costs indicated 7) J - NET TOTAL hereon.In the event 1 fail to pick-up and pay for my vehicle as agreed upon,I - GJ V understand a daily storage fee of$20.00 per day may be charged to me commencing _ MERCHANDISE 48 hours after I have been notified repairs have been completed.I will not hold your I have(received)(seen)the replaced parts. business responsible for loss or damage to the vehicle described herein,or its contents: X TORQUE SPECS LBS. STATE SALES •�� in the case of fire,theft,accident,natural disaster;or any other cause beyond your control.I understand the initial estimate of repair is subject to change due to discovery The benefits of the Tire Road Hazard Warranty were TAX % of additional worn or damaged parts after the approved repair has started.Should explained to roe and I have decide to'aCCe t. additional needed repairs be discovered,1,the customer,will be so advised and will P P P have the right to authorize or decline the additional needed repairs before the additional YES N� INITIAL " TOTAL LABOR: repairs are started.I undelstand this estimate expires 15 days atter the date hereon. The warranty in�atio As descri ed on the reverse side of thr.;document. TEST AND WORKMANSHIP CERTIFIED X �f X TOTAL SALE CUSTOMER AUTHORIZATION SIGNATURE CAT.NO.9423(R8-94) PART NO.PCP-F9423 SKU NO.120189 CUSTOMER COPY /.•�:,ti.is�:">�4����i:•X4}►iElf•Kt,�*yi?f"%#$?Y•�+�?sD?V:4 GRAND AUTO 4035 15604 HESPERIAN SAN LORENZO Cs 276-755322 1/2095 17:49:41 ' . ...' " - 1:.+.i=v�.•S�?:+A:t?:S�?F�•',k•=�l•f:�l}:y-1F i:'ti:��K•Y•tE K•kY1F;c y:S:x 0 of Drawer PA 1 0831M 0. 099 690f TOUR T P185/60R14 5/ P { PA 1 940003 TIRE DISPOSAL =EE-CA Lig 140 X40054 Ci g 1dKEL BALANCE 3'A 1 079812 @ 1.50 t: STEM 41SR50 RUBR (TR418) SUBTOTAL -82,48 TAX 538 TOTAL 88,46 **CREDIT AF D* 114 t foil; MARY KOGER Transaction 400033064 *iF#*#de#Y•i4#'i K�f i�'i�#•#iF 3F1�*iF N* f@##E'k!!#•.�lE#.#leaE►!iEtcl�iEtf##�E#�Elf•'!F" •' Receipt Required for Returns Card holder acknowledges, receipt of soods and/or services in the aaaunt. IF total s`so"n hereon arta asgps to pe".r- f•t_r3 the obligations set forth in the cardholder's agreement with the issuer. , " CREDIT CARD SLIT` Merchant No.: 000040845127 r._, J . C. �t3it Card Amount . 80.46 Card No 11 C;rd Type VISA Ca 'd }aa^�e ;4A1; KCCER " E pirat ion ;19'#6 03 632 Stock.Wheels Only o = oa (M Rg� 771 Coleman Ave. 41346 SAN JOSE, CAP FORNIA 95110 .(408) 275-1218 FAX (408) 2715-1499 To TO = . .17 `k e.'. Acceptance subject to 10% per da restockin fee on all returns... ........._._..._......_.._ __�_�_...__.._.... ___ .._..... Terms.._Ne#....110--d 0 -er month late fee. DUPLICATE RECYCLED PAPER -Contents:40%Pre-Consumer•10%Post-Consumer J CLAIM C, , BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA June 2 7, 199 --- Claim Against the County„ or District governed by) BOARD ACTION tF-a £:&;d 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 "Warnings"SO CLAIMANT: Dormesha Turner; by guardian Doris Jackson It D ATTGR'+EY: Elizabeth M. Guagenti J U N 0.6 1995 Jacoby and Meyers Law Offices Date received COUNTY COUNSEL ADDRESS: 100 Bush St. , ;'700 BY DELIVERY TO CLERK,ON June 5, 199YARTINEZCALIF. San Francisco, CA 94104 BY MAIL POSTMARKED: June 2, 1995 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. gg DATED: June 6, 1995 JaIL DeputyLOR, Clerk 11. FROM: County Counsel TO: Clerk of the Board of Supervisors (This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) 0t h e r: :Pk_p mac_ /O-e-e— 0 Y -'.* (0 3 C Dated: o BY: �' — Deputy County Counsel I11. FROtl: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. £0411: .ER: By unanimous vote of the Supervisors present 7t,is Claim is rejected in full. ( ) Otter: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: �Zg9 PHIL BATCHELOR.. Clerk, By �O 1. .,�ff� , 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 r•;ay sfek the advice cf an attorney of your choice in connection with this matter. If you want to consult an attorney, y:u stculd d: s: immediately. * For Additional Warning See Reverse Side Of This Notice. AFFIDAVIT OF MAILING I de:lare under penalty of perjury that I am now, anc at all times herein mentioned, have been a citizen of the 'sited States. over aae 1=; and that today I de:osited in the United States Postal Service in Martinez, Ca'`f:-nia, postage fully prepaid a ce-t'.r'ed :coy of this Board Order and Notice to Claimant, addressed to .re cla=-act as shown at:ve. leg BY: PHIL £ATC+'F_OR ty Deputy Clerk -. :C�nty County Admiristrator Claim to: BOARD OF SOPERVIMRS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT y 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 Une Board of Super.iso.s, .ather 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:Doris Jackson,-Guardian ) Reserved for Clerk's filing stamp for Dormesha Turner, minor RECEIVED Against the County of Contra Costaim ) 5 or. ) District) CLERK BOARD Or SUPERVISORS Fill .in name ) CONTRA,coSTA co. The undersigned claimant hereby makes claim .against the County of Contra Costa or the above-named District in the sum of $ An amount to and in support of this claim represents as follows: exceed $ 25 ,000 . 00 --------------------•------------ ------------------------------------------------- 1. When did the damage or injury occur? (Give c:;act etc -nd hour) 12-0'9=94 (12 :15 p.m..) 2. Where did the damage or injury occur? (Include city and county) Vacant' lot on 4th Street between Silver anO Market Streets, located -in., Richmond Contra Costa -Cdunty. N3�w- ' �••--��-¢a p}, 3. How did the damage or injury occur? (Give 1 details; use extaper if required) Dormesha Turner, a minor of. 5 years old, was walking past a vacant lot on 4th Street when the chain-linked fence fell on. top of her entire body, striking her -in the head and face. 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? Premises Liability-negligent maintenance of property. 2 . General negligence. (over) 5. Wt�at are the names of county.or district officers, servants or employees causing the damage or injury? N/A ------------------------------------------------------------------------------------ 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. General Damages . Special Damages: left eye contusion and abrasion, facial abrasions , forehead lacerations t--head-frau-m-4j-Salco..-T4La2-L.r-antusion, ------ ----T------- --- ----------------------- 7. vow was A amu se Urg&* above computed? (Include the estimated amount of any prospective injury or damage.) Medical Specials -------------------------------------------------------------------------------------- 8. Names and addresses of witnesses, doctors and hospitals. (Witness) : Ranesha Moore, 7709 Ney Avenue, Oakland, CA (Doctors/Hospitals) : Brookside Hospital, 200 Vale Road, San Pablo, CA Richmond Pediatrics, 3619 Cutting Blvd. , Richmond, CA Robert Brink, 490 Post Street, San Francisco, CA -------------------------------------------------------------------------------------- 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT 12-09-94 Brookside Hospital $ 291 . 48 12-12-94 --hd Pediatrics 40 . 00 FUTURE`MEDICAL EXPENSE 1 , 850 . 00 Gov. Code Sec. 910.2 provides: "The claim must be signed by the claimant SEND NOTICES TO: (Attorney) or b erso his behalf. Name and Address of Attorney . Q'A / �3�- Elizabeth M. Guagenti Clai is ignature Jacoby and Meyers Law Offices Atto ney Claimant f oc7 100 Bush Street, #700 San Francico,• CA 94104•' (Address) i Ciro i Telephone No. (415) 399-8951 Telephone No. NOTICE . i 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 ($10,000, or by both such imprisonment and fine. JACOBYMEYERS LAW OFFICES'- PERSONAL INJURY UNIT 100 Bush Street,Suite 700,San Francisco,CA 94104 415/399-8951; FAX:415/399-1939 June 2, 1995 Clerk of the Board of Supervisors County Administration Building 651 Pine Street, room 106 Martinez, CA 94553 Re.: Our Client Doris Jackson and Dormesha Turner Date of Loss : 11-17-94 Dear Sir or Madam: Enclosed please find an original and three (3) copies of a claim for damages against the County of Contra Costa. Please date-stamp one copy and return in the envelope provided. Thank you for your cooperation. Sincerely, Willis H. Huie Legal Assistant We use recycled paper. r � r � I • � I For Customer Use For Postal °!$mow",a0 chi°'a ❑ ❑ © > m�' Nc I '� Z 00 Ra 3 3 CD P 'N <` •Z w -Q y irl ava� C O ❑ 0F05 I PC z ,' J, o pN M L"!ii O m FEES` m I Gl o' _� 0 to Ql=mM. a Q -tm O ! aroinc; # ry M O a m D Oa yn LA a f M mjmm'i� AKm I Vii ''1J C\ 1� A•� CD33m_ � 4 71 Sa `gCD mm�o i !1 3 m5 N f S I +J,E 7 . l c, e' mage' a� ( sz• n L h4 , ik cl . I I A14ENDED CLAIM Ci BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Tune- 27, 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: $10,000.00 + Section 913 and 915.4. Please note all arr ,9 "� CLAIMANT: Marlin Y. J)a`Tls rrUN ji q , 1995 ATTORNEY: Ron BOChner 04.41( v00 c �`� 137 Park Place Date received ffrjlj� EL eUN3UNs ACORESS: Pt. Ricbmmd„ CA 94801 BY DELIVERY TO CLERK ON Jame 15, 1995 BY MAIL POSTMARKED: Jime 14, 1995 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. pH gg DATED: June 15, 1995 BYIL DeputyLOR, Clerk / 1I. FROM: County Counsel TO: Clerk of the Board of Supervisors (✓r This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: —(e — 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. BOAR:: OPiER: 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. Dated466"_ 11195PHIL BATCHELOR, Clerk, By , Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. * For Additional Warning See Reverse Side Of This Notice. AFFIDAVIT OF MAILING 1 declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over aae le; and that today I deposited in the United States Postal Service in Martinez, California, postace fully prepaid a certif'ed :coy of this Board Order and Notice to Claimant, addressed to the cla'-.ant as shown a,_�cve. �atej: BY: PHIL BATCHELOR �•y Deputy Clerk 7: County Co;:rsel County Administrator CLAIM BOARD OF SUPERVISG�� OF CONTRA COSTA COUNTY, CALIFORNIA June 27, 1995 Claim Against the County, or District governed by) BOARD ACTION the ooard 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 noticof Califcrnia Government Codes. ) the action taken on your claim by the Board of Superlisors 6ection Paragraph IV below), given pursuant to Government ode Amount: $57,500-00 ® 913 and 915.4. Please note all "warnings' CLAIMANT: Marlin Y. Davis JUN 0 7 1995 COUNTY COUNSEL ATTO?NEY: Ron K. Bochner MARTINUCALIF. Law Offices ofd Richard J. AlexandeSate received A:TRESS: 137 Park Place BY DELIVERY TO CLERK ON Ji. P 7 1 C)A/ Pt. Richmond, CA 94801 BY MAIL POSTMARKED: J, P 6 1 99 5 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. ��IL BATCHELOR. Clerk 1 r DATED: J e 7, 1995 : Deputy 11. FROM: County Counsel TO: Clerk of the Board of Supervi ofs (�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 grp nd that it was filed late and seed warning of claimant's right to apply for leave to present a la e claim (Section 911.3). ( ) Other: f` Ce-7 - S S' Dated: $Y: Deputy County Counsel Ill. FRC•^': Clerk of the Board TO: County CouAser1/ (1) County Administrator (2) ( ) Claim was returned as untimely with notice o cll�imant (Section 911.3). IV. EDAM. :ER: By unanimous vote of the Supervisors present ( ) Tris Claim is rejected in full. .� ( ) Otter: , I certify that this is a true nd correct copy of the Board's Order entered in its minutes for this date. Dated: PMI, SATC►+ELOR, Clerk, By Deputy Clerk WARNING (Gov. code section 913) 5utject to certain exce.:ions. yo have only six (6) months from the date this notice was personally served or deposited in the nail to file a ourt action on this claim. See Government Code Section 945.6. vee -.5v seek tt•e ac► ce es an t;prney of your choice in connection with this matter, If you want to cons�'•t an a:;cr-•e,. y::, src�ld d: s immediately. * For Additional Warning See Reverse Side Of This 'notice. AFFIOAYIT OF MAILING 1 ce:iare under pe naltyperjury that I am now, arc at all times herein mentioned, have been a citizen of the ,cited S:2*es, ovand that today I de.osited in the Urited States Postal Service in Martinez, pcs;ea ce-:'j-ed ::Dy of :h's E:ard Order and Nztice to Claimant, addressed to .'e ;la -.2rt as s . BY: PHIL EA?CSE:Ok ty De;uty Clerk C:.nty Cc c. Cc,rty Av-iristra::r �a r o LLJ (D m CD i rD. Y"au O 4 N x O � Ql w K F O /� r J i Q_ \V -A7 � O n x S n Q O Q. Oo O 3� n iL Ul �- 'S �- (D (D O N (D --h N c-F C)c-+ =7 D'S (D (D (D W l0 c-+ O Ul -5 cn;o O. w0 O O E3 -h O C (D 'S O �4;c 16• r .:� y '��� fV. 7f[ yes � ch � rrr RECEIVED Richard J. Alexander 'JUN ) 5 1995 Law offices— CLERK BOARD OF SUPERVISORS CONTRA COSTA CO. June 14, 1995 Clerk of the Board of Supervisors SENT VIA CERTIFIED MAIL 651 Pine Street, Room 106 RETURN RECEIPT REQUESTED Martinez, CA 94553 Re: Amended Claim for Damages by Marlin Y. Davis Dear Board: Please take notice that pursuant to Government Code Sections 910, et seq. , claimant Marlin. Y. Da:-- hercby =r da =_. s ;la f:--r damages against Richmond Health Center and Merrithew Hospital as follows: 1. Claimant' s address and address where notice is to be sent: Claimant' s address: Marlin Y. Davis, 3929 Wesley Way, E1 Sobrante, CA 94803. Notices to be sent to.' - - - "Richard 'J.` Alexander' 137 Park Place Pt. Richmond, CA 94801 ( 510) 232-9100 2. Date, place and circumstances of occurrences: On or about January 18, 1995 claimant presented himself to Richmond Health Center after being punched in the face. There an X-ray was taken and claimant diagnosed by unknown physicians as having a jaw fracture. Pursuant to the diagnosis, claimant was referred to Merrithew Hospital for surgery. On or about January 19, 1995, further X-rays were taken and reviewed by Dr.. Suionuon Kuperman and .surgical al repci.ir was made by Dr. Mattka and claimant' s jaw was wired shut. Shortly thereafter, further X-rays revealed that there had been no fracture in the first place and the reduction surgery had been unnecessary. 3. Nature of loss: Claimant was caused to undergo lengthy intrusions into his body which were unnecessary, made to suffer extended unnecessary healing, including having his mouth wired shut due to the jaw fracture surgery. 4. Name of public employees: Dr. Mattka, Merritthew Hospital, Dr. Soloman Kuperman, Merritthevi, unknown doctors at Richmond Health Center. 137 Park Place, Point Richmond, California 94801 (510) 232-9100 Clerk of the Board of Supervisors June 14, 1995 Page Two 5. Amount of damages: Exceeds $10,000.00 and is within the jurisdiction of the Superior Court. j ur v y truly, n K. Bochner RKB/vo N "= w � n rU 0 � 77- Q� sru N r) D . RI 70 _ � ' n s u rt� O ^. 10 ZhlMM W O 3 m C7 LL Ul �- -5 •- (D C-+ "S (D =3 O N (D --h C/) C-+ n C D "5 (D N CO %.O c+ O .P�.- A) Ln -5 CJI .TJ C1 W O O O El --h �-- Cn O C O < 4 N O N `R ti r Iw o m to E[ f aaaaaa•aa'aaaa8 RECEIVE® Richard J. Alexander JUN 7 1995 Law Offices CLERK BOARD OF SUPERVISOR June 6, 1995 CONTRA COSTA CO. Clerk of the Board of Supervisors SENT VIA CERTIFIED MAIL 651 Pine Street, Room 106 RETURN RECEIPT REQUESTED Martinez, CA 94553 Re: Claim for damages by Marlin Y. Davis Dear Board: Please take notice that pursuant to Government Code Sections 910, et seq. , claimant Marlin Y. Davis hereby presents the following claim for damages against Richmond Health Center and Merrithew Hospital: 1. Claimant' s address and address where notice is to be sent: Marlin Y. Davis c/o Law Offices of Richard J. Alexander 137 Park Place Pt. Richmond, CA 94801 ( 510) 232-9100 2. Date, place and circumstances of occurrences: On:Zanuary 18.;:..1995 claimant presented himself to Richmond Health Center after being punched in the face. There an X-ray was taken and claimant diagnosed..as having a jaw fracture.- - Pursuant to the diagnosis, surgical repair was made, and claimant' s jaw was wired shut. Shortly thereafter, further X-rays revealed that there had been no fracture and the reduction surgery had been unnecessary. 3. Nature of loss: Claimant was caused to undergo lengthy intrusions into his body which were - unnecessary, made to suffer extended unnecessary healing, including k:3ving . his . mouth wired : hut . du'e, to .. th fracture surgery. 4. Name of public employees: Dr. Matka, Richmond Health Center unknown. 5. Amount of damages.: $7, 500..00 special damages and -$50,000.:00: general damages.:. Your very ruly'. _'' . - .. . . ... R n K. Bochner RKB/vrg 137 Park Place, Point Richmond, California 94801 (510) 232-9100 Richard J. Alexander Law Offices June 6, 1995 Merrithew Memorial Hospital 2500 Alhambra Avenue Martinez, CA 94553 Richmond Health Center 38th & Bissell Avenue Richmond, CA 94801 Clerk of the Board of Supervisors 601 Pine Street;, Room 106 Martinez, CA 94553 Re: Our Client: Marlin Davis Date of ;Injury: January 18, 1995 Dear Sir/Madam: This office represents Marlin Davis, who has a claim for personal injuries against Contra Costa County, Merrithew Hospital and Richmond Health Center arising out of an incident which occurred on the date stated above. At this time, we demand that you take every measure to preserve all evidence involving this incident in your custody, possession and control. See Puritan Insurance v. Superior Court ( 1985) 171 Cal App 3d 877; Jablonski v. Royal Globe Insurance ( 1988 ) 204 Cal App 3d 379, 397-3; Penal Code Section 135. If you have any questions, do not hesitate to call. 7You very truly, f i on K. Bochner RKB/vrg 137 Park Place, Point Richmond, California 94801 (510) 232-9100 CLAIM C BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA -June 27, 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 Califcrnia 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: + f Western/Residence Mutual Insurance Company Ron Davis, Adjuster J U� o � (��� ATTOPNEY: Craig. Judson, Esq. Bold, Polisner, Maddow, Nelson, Date received COl1NTYCOUNSEL A::KESS: & Judson BY DELIVERY TO CLERK ON June 8YAF7zca6F_ 500 Ygnacio Valley Rd, Ste. 325 Walnut Creek, CA 94596 BY MAIL POSTMARKED: Hand Delivered via: Risk MgEt. (See Back of Cover Sheet for Mailing Instructions) 1. FROM: Clerk of the Board of Supervisors 70: County Counsel Attached is a copy of the above-noted claim. DATED: June 8, 1995 IVIL BATCHELOR, Clerk 1 eputy 11. FROM: County Counsel TO: Clerk of the Board of Supervisors (VT This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: BY: Deputy County Counsel 111. FKC:"': Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). 1V. BOF_ .':ER: By unanimous vote of the Supervisors present (� T«is Claim is rejected in full. ( ) Otter: 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, 8y . Deputy Clerk WARNING (Gov. code section 913) Su'.ject to certain exce::ions, you have only six (6) months from the date this notice was personally served or cepesited in the mail to file a court action on this claim. See Government Code Section 945.6. vcw seek tre atw'cf cf ar, attorney of your choice in connection with this matter. If you want to cons.a't ar a::c►re,, y:;,, s+,c,lc d: s: immediately. * For Additional t+arnino See Reverse Side Of This 'notice. AFFIDAu1T OF MAILING 1 ce:lare under penalty of perjury that I am now, apc at all times herein mentioned, have been a citizen of :^e S:a:es, over ace 1_; and that tccay I c=:os zee in the Uritec 'States Postal Service in Martinez, Ca'•.j:-ria, pcs:a.e fully prepaid a ce-:'.f-ee ::zy of tris B:ard Order and Notice to Claimant, addressed to .re ,ia -.ar.t as sho«" a::ve. BY: PHI! ETC-E_C; :y , e.^uty Clerk ac,�,ristra::r r O. L. GLAZE COMPANY, 1 N C. ` INSURANCE ADJUSTERS 1260 NO.DUTTON AVE.,SUITE 285,SANTA ROSA,CA 95401 (707)544-1200 FAX:(707)544-1305 RECEIVED June 5, 1995 JUN 8 1995 V P CLERK BOARD OF SU RV)SORS CONTRA COSTA CO. County of Contra Costa 651 Pine Street , 6th Floor Martinez , CA 94553 HOMEOFFICE Attn : Ron Harvey, 591 Redwood Highway Risk Management Office Suite 2350 P.O.Box 1178 Mill Valley,CA 94942 (415)383-8133 FAX:(415)383-1726 OUR FILE NO: 08-5707-1-484 SO.CALIFORNIA CLAIM NO: 95R1675 FAX:(818)242-2496 INSURED: RICE, KENNETH CLAIMANT/T-L: Lindberg, Don D/L: 3/28/95 Dear Mr . Harvey: Per our conversation with you on May 30, 1995, please accept this letter as placing your county on notice regarding the possibility of a co-defense on a lawsuit that is now ongoing. Our engineering investigation has revealed that your public BRANCH OFFICES entity as well as the City of Walnut Creek did not have SAN FRANCISCO adequate hillside drainage and also did not provide SAN MATEO neighborhood drainage properly -to the Tice Creek area. SAN JOSE MONTEREY SAN RAFAEL We represent the Western/Residence Mutual Insurance Company SANTA ROSA and the above named insured . The above named insured has OAKLAND WALNUT CREEK been sued. We believe that if the public entities had had SACRAMENTO proper neighborhood drainage , this lawsuit would not have STOCKTON occurred . The lawsuit was filed March 20, 1995 on behalf of CHICO a plaintiff called Don Lindberg . The filing attorney is : SO.CALIFORNIA - GLENHEM Craig Judson , Esq. ANA WOODLAND HILLS Bold, Polisner , Maddow, Nelson & Judson 500 Ygnacio Valley Road , Suite 325 Walnut Creek, CA 94596 510-933-7777 A�Wpww We arereporting to a supervising adjuster in Southern California. Instead of responding to our letter , you should send a response to the following individual : I I I KENNETH RICE Page 2 Western/Residence Mutual Insurance Company P. 0. Box 2127 Santa Monica , CA 90407 Attn: Rae Dallacqua 818-879-2142 In a few words , the lawsuit has to do with what appears to be an inordinate amount of rain water coming down a hillside causing severe damages to the Lindberg property. There appears to have been no adequate hillside drainage on the street where this occurred . That street is Castle Hill Drive . The above named insured ' s property is situated on Glen View Drive . The claimant ' s property is situated on Glen Haven Avenue . There appears to have been a great deal of problems with the upper landowners with regard to the flooding caused to the lower landowners . In this case , the upper landowner , to some extent , is the County of Contra Costa. We understand that Castle Hill Road is half owned/maintained by the County of Contra Costa and the other half is owned/maintained by the City of Walnut Creek. We believe that there are laws regarding the duties of a landowner with regard to water runoff/drainage issues . In fact , there are court cases that support that position. Therefore , we feel that you may want to respond to this notice .of claim by contacting Western/Residence Mutual Insurance Company as a possible co-defendant against the lawsuit . The case number is C94-03087 and was filed in Superior Court , County of Contra Costa on March 20, 1995• Thank you for your kind attention to this matter . Very truly ,yours , ,,(::�-1s Ron Davis 9 Adjuster cc : Western/Residence Mutual Insurance Company RD/caj