HomeMy WebLinkAboutMINUTES - 07181995 - C14 CLAIM C
BOARD OF SUPERVISORS OF CONT,RA..COSTA COUNTY, CALIFORNIA July 18, 1995
Cl;-;Yr an?4nst the County, or District governed by) BOARD ACTION
": _` `•:rervisors, Routing Endorsements, ) NOTICE TO CLAIMANT
arc; updrd 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: $20,210.40 Section 913 and 915.4. Please note a1F1 "Wa•rn-i:rgs!':r"
CLAIMANT: Douglas Allen Fuller J T
ATTORNEY:
S
Date received MA TINEZCALiFL
ADDRESS: 15 El Portal Ct. BY DELIVERY TO CLERK ON June 23, 1995
Clayton, CA 94517
BY MAIL POSTMARKED: Hand Delivered
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
June 23 1995 PPHHIL BATCHELOR, Clerk
DATED: BY: Deputy
II. FROM: County Counsel TO: Clerk of the Board of Supervisors
(This claim complies substantially with Sections 910 and 910.2.
( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying
claimant. The Board cannot act for 15 days (Section 910.8).
( ) 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: Cl ��3 y `S BY: eputy 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. BOARDD ORDER: By unanimous vote of the Supervisors present
( " ) This Claim is rejected in full.
( ) Other:
I certify that this is a true and correct copy of the Board's Order entered in its minutes for
this date.
Dated: �j PHIL BATCHELOR, Clerk, ByA" C4 , Deputy Clerk
WARNING (Gov. code section 913)
Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or
deposited in the mail to file a court action on this claim. See Government Code Section 945.6.
You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult
an attorney, you should do so immediately. * For Additional Warning See Reverse Side Of This Notice.
AFFIDAVIT OF MAILING
I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the
United States, over age 18; and that today I deposited in the United States Postal Service in Martinez,
California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to
the claimant-as shown above.
Dated: BY: PHIL BATCHELOR by Deputy Clerk
CC: County Counsel County Administrator
Cta-;- to: BOARD OF SRERVISORS OF CONTRA COSTA CU=
� INSTRUCTIONS TO CLAIMANT
A. Claims relating to causes of action for death or for injury to person or to per-
sonal property or growing crops and which accrue on or before December 31, 1987,
must be presented not later than the 100th day after the accrual of the cause of
action. Claims relating to causes of action for death or for injury to person
or to personal property or growing crops and which accrue on or after January 1,
1988, must be presented not later than six months after the accrual of the cause
of action. Claims relating to any other cause of action must be presented not
later.than one year after the accrual of the cause of action. (Govt. Code §911.2.)
B. Claims must be filed with the Clerk of the Board of Supervisors at its office in
Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553.
C, If claim is against. a district governed by*the Board of Supervisors, rather-than
the County, the name of the District should be filled in.
D. If the -claim is against more than one- public entity, separate claims must be
filed against each public entity.
E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at. the end of this
form
RE: Claim By ) Reserved or Clerk's f ling stamp
Douglas ..Allen FullerRECEDE
Against the County of Contra Costa ) v.
or ) JUN 2.3 1995
,:
District) CLERK BOARD OF SUPERVISORS 4
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 $ 20,210. 40 and in support of
this claim represents as follows:
1. When did the damage or injury occur? (Give exact date and hour)
January .-3,1995, 0610 am
2. Where did the damage• or injury occur? (Include city and county)
On street in front of 5555 Clayton Rd. , Clayton, Contra Costa County
3. How did the damage or injury occur? (Give full details; use extra paper if
required)
County vehicle struck mine in the rear as I was slowing to enter a
parking lot. My vehicle was pushed down Clayton road and into the
curb. The sudden acceleration snapped my head back and injured my neck.
4. What particular act or omission on the part of county or district officers,
servants or employees caused the injury or damage?
The county vehicle was following mine to. closely, exceeding the
speed limit and the driver was innatentive.
,cve�
D. wnat are the names of county or district officers, servants or employees causing L
the damage or injury?
Michael Robert Boehrer
------------------------------------ ------------------------------
6. What damage or injuries do you claim resulted? (Give full extent of injuries or
damages claimed. Attach two estimates for auto damage.
This accident caused a whiplash-type injury to my neck. I immediately
received Chiropractic treatment and am now seein a eneral practitioner.
7. How was the amount claimed above computed? (Include the estimated amount of any
prospective injury or damage.)
$4760. 40 for Chiropractic treatment as of 6/01/95 (35. visits)
` 450. 00 f:or office. v.z.,__ts and prescriptions from 'general practitioner
$$55 0 s imated for ph &I therapy (Starts in July)
$1S_S0� or pain and s eri.ng
- __----_-- -___--_
3. Names and addresses of witnesses, doctors and hospitals.
Witness -- Bill George, 672-0131 (H) , 823-9714 (W)
Chiropractor - Dr.Stojanovich, 1229 Oakland Blvd, Walnut Creek,930-0224
General -- Dr.Campos, 1844 San Miguel Dr. , Walnut Creek, 943-1333
9. List the expenditures you made on account of this accident or injury:
DATE ITEM AMOUNT
1/3/95 -- 5/8/95 Chiropractic treatment $4760. 40
_ 5/19&6/20-- Office vi -ts �to Dr.Campos -- $166. 00
6/20 -- X-rays !, $143. 00
Gov. Code Sec. 910:2 provides:
:�` J
< "The claim must be signed by the claimant
SEND NOTICES TO: '(Attorney) -or- by some persqn on h s lf."
Name and Address of Attorney
Claimant's Signature
15 El Portal Ct. , Clayton CA 94517
Address
Telephone No. Telephone No. (510) 672-7533
* * * * * * * * * * * * * * * * * *
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 imprisonr.�ent and fine.
CLAIM (2" 1
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
• _��'` July 18, 1995
Clp,;m An?inst the County, or District governed by) BOARD ACTION
S::rervisors, Routing Endorsements, ) NOTICE TO CLAIMANT
and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of
California Government Codes. ) the action taken on your claim by the Board of Supervisors
(Paragraph IV below), given pursuant to Government Code
Amount: Unknown Section 913 and 915.4. Please note all "Warnings".
CLAIMANT: Lori Payne
�
ATTORNEY: Gregory H. McCormick, Esq. J U N' 2
Kincaid, Gianunzio, Caudle & Hubert Date received COUNTY COU SEL
ADDRESS: 500 Ygnacio Valley Rd. , Ste. 400 BY DELIVERY TO CLERK ON Jun61Q;0(NE�0XF.
Walnut Creek, CA 94596
BY MAIL POSTMARKED: June 21, 1995
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
IL BATCHELOR, Clerk
DATED: June 23, 1995 ��: Deputy
II. FROM: County Counsel TO: Clerk of the Board,of Supervisors
(�This claim complies substantially with Sections 910 and 910.2.
( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying
claimant. The Board cannot act for 15 days (Section 910.8).
( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send
warning of claimant's right to apply for leave to present a late claim (Section 911.3).
( ) Other:
Dated: (g Z 5 , BY: Deputy County Counsel
III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2)
( ) Claim was returned as untimely with notice to claimant (Section 911.3).
IV. BOARD ORDER: By unanimous vote of the Supervisors present
This Claim is rejected in full.
( ) Other:
I certify that this is a true and correct copy of the Board's Order entered in its minutes for
this date. ,
Dated: T JCJcJ< PHIL BATCHELOR, Clerk, By Deputy Clerk
WARNING (Gov. code section 913)
Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or
deposited in the mail to file a court action on this claim. See Government Code Section 945.6.
You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult
an attorney, you should do so immediately. * For Additional Warning See Reverse Side Of This Notice.
AFFIDAVIT OF MAILING
I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the
United States, over age 18; and that today I deposited in the United States Postal Service in Martinez,
California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to
the claimant as shown above.
Dated: BY: PHIL BATCHELOR by Deputy Clerk
CC: County CcYunsel County Administrator
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RECEIVE® :
KINCAID 500 Ygnacio Valley Road 200 Webster Street
G I A N U N Z 10 JUN 2 2 Suite 400 Suite 200
Walnut Creek,CA 94596 Oakland,
CA 94607
CAUDLE � Tel(510)930-9111 Tel(510)465-5212
CLERK BOARD OF SUPERVISORS Fax(510)930-9346 Fax(510)465-0362
HUBERT L CONTRA COSTA CO.
Mailing Address: 221 Main Street
ATTORNEYS AT LAW P.O.Box 30780 Suite 1300
A Professional Corporation Walnut Creek,CA 94598-9788 San Francisco,CA 94105
Tel(415)543-6212
VICTOR J.GIANUNZIO JOHN P.CAUDLE Please Reply to Walnut Creek Fax(415)543-1134
GARRY J.D.HUBERT PATRICK J.HAGAN
ELIOT R.HUDSON MICHAEL R.WELCH -
GREGORYMICHAELDOYLE SHAWN M.THROWE
E.JANE WELLS JOHN F.VAN DE POEL,JR.
WILLIAM K.BISSELL DEANNE B.POUTED Of Counsel
SCOTT A.BOVEE BERTA H.SCHWEINBERGER
EDWARD E.MARTLEY M.DAVID DeSANTIS DONALD H.KINCAID
MARJORIE J.HEINRICH
IRENE TAKAHASHI MARILYN E.SIEGEL
STEVEN E.McDONALD DANIEL L.DEESJUne 21, 1995
ROGER K.MILES JEAN M.CURTIS
GENE B.EACRET KIRK E.WALLACE -
DARREL K.YASUTAKE KELLY A.KILKENNY
ANDREW A.GOODE OWEN E.BAYLIS
JACK C.HENNING GARETH J.UMIPEG
S.LYNN APPLETON RACHEL J.ASA
JUDITHA.PEMBERTON BRAD C.WESTLYE
MATTHEW S.COLE STEVEN L.JAW G IEL
SHARON L.CEASAR MARK A.LOVE _ __H _I_n _ _ _
GREGORY H.M<CORMICK CAROL A.DIAS 1,T1VVIICE O CLAIM L-HII,.TAINST PUBLIC ENTITY
W.JOSEPH GUNTER KEVIN W.KIRSCH
ELIZABETH S.KIM ERIC S.CLARKE
MARK R.GOODALE MICHAEL Y LATEEF
Board of Supervisors
651 Pine Street, Room 106
Martinez, CA 94553
Attention: Shirley Casillas
Re: PAYNE v. CONTRA COSTA COUNTY OFFICE OF THE
SHERIFF-CORONER
Dear Ms. Casillas:
Lori Payne hereby makes claim against the County of Contra Costa and the Office of the
Sheriff-Coroner for personal injuries and makes the following statements in the support of the
claim:
1. Claimant's post office address is 1422 Lettia Road, San Pablo, California 94806.
2. Notices concerning the claim should be sent to the law offices of KINCAID,
GIANUNZIO, CAUDLE & HUBERT, 500 Ygnacio Valley Road, Suite 400, Walnut Creek,
California 94596.
3. The date and place of the occurrence giving rise to this claim are December 21,
1994 in a holding cell at the Richmond Bay Municipal Court.
4. The circumstances giving rise to this claim are as follows: On or about the above
time and place, Claimant was in a holding cell when the Sheriff's Department and/or its
employees/agents/officers therein placed a male prisoner in the same cell as Ms. Payne. Male
prisoner Danzel Allison was placed in the cell after he was in a fight with another inmate: Mr.
Allison was in a very violent state and he was hitting things in the cell. Mr. Allison remained
in the cell with Ms. Payne for a substantial period before discovery by the Office of the Sheriff-
June 21, 1995
Page 2
Coroner. Not only was the placement of a male prisoner in her cell in violation of the relevant
California statutes, such inhuman and negligent treatment subjected Ms. Payne to verbal abuse
to include sexually explicit verbal abuse, embarrassment, physical and emotional distress, fear
for her personal safety, she was subjected to intimidation and oppression, and in the presence
of the male prisoner was unable to use the bathroom or attend to personal hygiene concerns.
5. Claimant's injuries include but are not limited to emotional and physical distress,
nightmares; breakouts of stress bumps, hypertension, depression, anxiety; loss of.sleep, and
headaches.
6. The names of the public employees causing the claimant's injuries are presently
unknown. It is know they were agents and/or employees or officers of the Office of the Sheriff-
Coroner as indicated in the letter of apology from Captain Larry Simmons dated February 28,
1995 and sent from the Office of the Sheriff-Coroner of the County of Contra Costa.
7. The claim as of the date of this claim is in an amount that would place it within
the jurisdiction of the Superior Court. The claim is based on injury, damage, and/or loss in an
amount to be proved later.
DATED: June 21, 1995.
KINCAID, GIANUNZIO, CAUDLE & HUBERT
A Professional Corporation
GRE H. McCORMICK, ESQ.
On Behalf of.Claimant LORI PAYNE
June 21, 1995
Page 3
PROOF OF SERVICE BY MAIL [C.C.P. Sections 1013a(3), 2015.51
I, the undersigned, declare:
That I am employed in the City of Walnut Creek, County of Contra Costa, State of
California; that I am over the age of eighteen years and not a party to the within cause; that my
business address is 500 Ygnacio Malley Road, Suite 400, Walnut Creek, California 94596.
That on June L, 1995, I served the within NOTICE OF CLAIM AGAINST PUBLIC
ENTITY on the interested parties, by placing a true copy thereof enclosed in a sealed envelope
with postage thereon fully prepaid, in the outgoing mail box located in my office addressed as
set forth below in accordance with ordinary business practices for deposit with the United States
Postal Service in Walnut Creek, California. I am readily familiar with my office business
practice for collection and processing of correspondence for mailing and the within
correspondence will be deposited with the United States Postal Service this date in the ordinary
course of business.
Board of Supervisors
651 Pine Street, Room 106
Martinez, CA 94553
Attention: Shirley Casillas
I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
Executed at Walnut Creek, California tlfis � day of June. 1995.
Laura Selling, Declarant
. CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
July 18, 1995
Claim Against the County, or District governed by) BOARD ACTION
tl- r_::pervisors, 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 LS Section 913 and 915.4. Please note all "Warnings".
CLAIMANT: Marc TavernierJUN 2.0 TO
ATTORNEY: Liz A. Koepke OUNTYCJUNSEL
Attorney at Law {VlARTINEZCALIF. Date received
ADDRESS: 1615 Bonanza St. , Ste. 204 BY DELIVERY TO CLERK ON June 20, 1995
Walnut Creek, CA 94596
BY MAIL POSTMARKED: June 19, 1995
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim, EY
IL June 20, 1995 BYIL BATCHELOR, Clerk
II. FROM: County Counsel TO: Clerk of the Board of Supervisors
This claim complies substantially with Sections 910 and 910.2.
( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying
claimant. The Board cannot act for 15 days (Section 910.8).
( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send
warning of claimant's right to apply for leave to present a late claim (Section 911.3).
( ) Other:
Dated: Deputy County Counsel
III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2)
( ) Claim was returned as untimely with notice to claimant (Section 911.3).
IV. BOARD ORDER: By unanimous vote of the Supervisors present
(v/) This Claim is rejected in full.
( ) Other:
I certify that this is a true and correct copy of the Board's Order entered in its minutes for
this date.
Dated: Q.. /. . PHIL BATCHELOR, Clerk, By J_d . Deputy Clerk
-- r WARNING (Gov. code section 913)
Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or
deposited in the mail to file a court action on this claim. See Government Code Section 945.6.
You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult
an attorney, you should do so immediately. * For Additional Warning See Reverse Side Of This Notice.
AFFIDAVIT OF MAILING
I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the
United States, over age 16; and that today I deposited in the United States Postal Service in Martinez,
California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to
the claimant as shown above.
Dated: _ BY: PHIL BATCHELOR by ` JA �eputy Clerk
CC: County Counsel County Administrator
Claim to: BOARD OF SUPERVISORS OP 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, 19879
must be presented not later than the 100th day after the accrual of the cause of
action. Claims relating to causes of action for death or for injury to person
or to personal property or growing crops and which accrue on or after January 1,
1988, must be presented not later than six months after the accrual of the cause
of action. ` Claims relating to any other cause of action must be presented not
later than one year after the accrual of the cause of action. (Govt. Code §911.2.)
B. Claims must be filed with the Clerk of the Board of Supervisors at its office in
Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553•
C. If claim is against a district governed by the Board of Supervisors, rather than
the County, the name of the District should be filled in.
D. If the claim is against more than one public entity, separate claims must be
filed against each public entity.
E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at the end of this
form.
RE: Claim By ) Reserved for Clerk's filing stamp
MARC; TAVERNIER )
RECEIVEDZE
Against the County of Contra Costa )
or ) 2 01995District) D OF SUPERVISORSFill in name = ) A COSTA Co.
The undersigned claimant hereby makes claim against the County of Contra Costa or
the above-named District in the sum of $25,000 .00 and in support of
this claim represents as follows:
1. When did the damage or injury occur? (Give exact date and hour)
March 15, 1995 at approximately 12 : 30 a.m.
2. Where did the damage or injury occur? (Include city and county)
Delta Diablo Sanitation District , Antioch, CA
------------------------------------------------------------------------------------
3. How did the damage or injury occur? (Give full details; use extra paper if
required) Air. Tavernier was intentionally punched in the face by
Al Fiorie , a supervisor at Delta Diablo Sanitation District , causing
him damages. Due to this incident , 1.4r. Tavernier was terminated from
the waste water treatment program resulting in additional damages.
------------------------------------------------------------------------------------
4. What particular act or omission on the part of county or district officers,
servants or employees caused the injury or damage?
Air. Al Fiore ' s intentional act of punching Mr. Tavernier in the
face resulted in his injuries .
(over)
5. What are the names of county or district officers, servants or employees causing
the damage or injury?
Mr. Al Fiore
-------------------------------------------------------------------------------r
•- ----
5. What- injuries do you claim resulted? (Give, .full or
damages claimed.i Attach-two estimates for auto damage. '
Medical expenses•; pain and suffering, loss of wages, loss of class timecand fees.
7. How was the amount claimed above computed? (Include the estimated amount of any
prospective injury or damage.)
$25 ,000 .00
-------------------------------------------------------------------------------------
8. Names and addresses of witnesses, doctors and hospitals.
Contra- Costa County Health Services
2500 Alhambra Ave.
Martinez, CA 94553
--------------------------------------------------------------------------------------
9. List the expenditures you made on account of this accident or injury:
DATE ITEM AMOUNT
Gov. Code Sec. 910.2 provides:
"The claim must be signed by the cla' t
SEND NOTICESTO: (Attorney) ; or by some person on his behW.11 z
Name and Address of Attorney,
Liz A. Koepke
Attorney at Law Is S,"
1615 Bonanza Street, Suite 204 172' Norma Ave. , lyde, CA 94520
Walnut Creek, CA 94596
Address
Telephone No. Telephone 932-0193 Telephone No.(510) 798-7544
* * * * * * * *
N O T I C E
Section 72 of the Penal Code provides:
"Every person who, with intent to defraud, presents for allowance or for
payment to any state board or officer, or to any county, city or district board or
officer, authorized to allow or pay the same if genuine, any false or .fraudulent ' ,,. _ .,. ..
claim, bill, account; voucher, or writing, is' punishable either by imprisonment .in
the county jail for-a-period of not more than one year; by a fine of ,not exceeding
one thousand ($1,000), or by both such imprisonment and fine, or by imprisonment in
the state prison, by a fine of not exceeding ten thousand dollars ($10,000, or. by
both 'such imprisonment and fine.
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Liz A. Koepke s
r • Attorney at Law
1615 Bonanza Street, Suite 204
Walnut Creek, California 94596
RECEIVED
DATE: JUN 2 Q 1995
June 15, . 1995 }
e�
TO• CLERK BOARD OF SUPERVI;URS
Clerk of the Board of Supervisors CONTRA COSTA CO.
651 Pine Street, Room 106
. Martinez, CA 94553
RE: MARC TAVERNIER
ENCLOSED:
Claim form
ACTION REQUESTED:
LXX Please file an or copies) to this
office in th self-addressed enve op .
Please file.
Per your request.
other*:
Sincerely yours,
A
Liz A. Koepke
phone (510) 932-0193 fax(510)939-8434