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HomeMy WebLinkAboutMINUTES - 02061996 - C23 � . Q_% CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA FEBRUARY 6, 1996 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: $125.00 � Section 913 and 915.4. Please note all "Warnings% CLAIMANT; VERNA HAAS IRS 1996 aT1oRNEY: JAN 0 9 iWAT14aluGA►SFL Date received ADDRESS: 1012 EL CURTOLA BLVD BY DELIVERY TO CLERK ON JANUARY 9, 1996 WALNn CREEK CA 94595 BY MAIL POSTMARKED: JANUARY 8, 1996 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy Of the above-noted claim. IV g DATED:_ JANUARY 9, 1996 BaII Deputy OR, Clerk II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( his claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: 9 — �1 Q BY: Deputy County Counsf 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. ' r - Dated:�—�v -%9 9 PHIL BATCHELOR, Clerk, B Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to Consult an attorney, you should do so immediately. m 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 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: ,:- 7-1-?576 BY: PHIL BATCHELOR by puty Clerk CC: County Counsel County Administrator Claim to: ROAM) OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT A. Claims relating to causes of action for death or for injury to person or to per- sonal property or growing crops and which accrue on or before December 31, 1987, must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to causes of action for-death or for injury to person • or to personal property or growing crops and which accrue on or after January 1, 1988, must be presented not later than six months after the accrual of the cause Of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Govt. Code 5911.2.) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal. Code Sec. 72 at the end of this for= RE: Cl m By ) Reserved for Clerk's filing stamp CSS � TNEDj] Against the County of Contra Costa ) 9 199 or District) CLERK BOARD OF SUPERVISORS Fill in name) ) CONTRA COSTA CO. The undersigned claimant hereby makes claimSa in � 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) 0\1 moo 'm 2. Where did the damage or injury occur? (Include city and county) lCe ��<<ec� , u n ,n co�-{�o -- SCC 3. How did the damage or injury occur? (Give full details; use extra paper if required) Nk,11�v Ic.. USA b efV111 -Fo�ccej -�D cvnve. c����- �-}�n� arca b e.co u se, o-� `�►��- C vAGA-ru ctio n 't N- (9JGLS one. yine, • &CS lin bC 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? f �-'` i-0 *Mta- B9 anf1 over- oia_r tueyyS.� b cCG.mr, 159oAC& W tA_1 iar &`93or C�td no's GAOU—) n, e -5. wnat are the na-)es o1' county or district officers, servants or employees causing the da:age or injury? Uy� �--VAow n - 5. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. he x.00&V/Y I Cud +0 aV IL ��� Ar I re MOIJ c� �M „Tv 1 nt claimed above computed? (Include the estimated amount of any . How was the � prospective injury or damage.) coS-t- T\O-M ave � 8. Names and addresses of witnesses, doctors and bospitals. 9. List the expenditures you made on account of this accident or injury: DATE � IT£N: ANfCQJ �r_� Nfx - v . Gov. Code Sec. 910:2 provides: "The claim must be signed by the claimant SEND NOTICES TO: (Attorney) or by some person on his behalf." Name and Address of Attorney C aRant's Signature 010 E 1 Cwr+Ot TCO Address, _ CA Telephone No. Telephone No. 670 7 J 7 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 ($10,000, or by both such impriso Tient and fine. IR. A A Y E T T eo Customer Name nf►rt Home Address (� .� �=( l ayAd o ��++ f o° Phone# C4 U ',J(' Job Date_ "C J Time _ 0 &D E TA 1 L CENT R° P.O. # Job By Phone # 3319 Mount Diablo Blvd. Make of Car , 1 (-4 Condition n)01 r ) Year Model V10 11t1 Plor C t r � (510) 283-1190 �T +' Salesperson Estimate$ ❑ Original Paint ❑ Repaint SERVICE PRICE ❑ Exterior Services: ❑ No Warranty ❑ Limited Warranty Months }' Dealer Comments: g ElInterior Services: 3% ❑ Fabric Protection r . ❑ Extra Services: t= Extended Service: `f"4 'j' ljif,Vl � f: 00 i Customer Signature _ /� Subtotal ` Tax !s TOTAL. i ' `1 1� Vr> i 3 1 D AKtq� F � _ Qp ra Q ;. �a t61 r ` rp ��s V y ' �- C , a3 CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA, FEBRUARY 6, 1996'3 Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section references are to The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: 'UNKNOWN Section 913 and 915.4. Please note all "Warnings% 7,gze CLAIMANT: BRADLEY L HAUPT FBO DANIEL A HAUPT ATI ORNE Y: J A� Date recg; sc� COt1gL ADDRESS: 7300 JOHNSTON ROAD BY OEL1VkYf,0T1y`f��W it N' JANUARY 2, 1996 PLEASANTON CA 94588 BY MAIL POSTMARKED: DECEMBER 29, 1996 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. JANUARY 3 1996 ppH IL BATCHELOR, Clerk DATED: B1: Deputy 11. FROM: County Counsel TO: Clerk of the Board of Supervisors ( his claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: �� BY: Deputy County Counse I11. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present (v' ) This Claim is rejected in full. ( ) Other: I certify that this is a true and Correct Copy Of the Board's Order entered in its minutes for this date. C Dated: 6, -/ 9 9�L_PNIL BATCHELOR, Clerk, B , Deputy Clerk WARNING (Gov. Code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. • 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: 02-7- l l 9(o BY: PHIL BATCHELOR by — Deputy Clerk CC: County Counsel County Administrator Claim 'to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY r 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 Rocas 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 it C'.1 c..�jO ll�V �i v1♦ r.. �.. ..� . F. Fraud. See penalty for fraudulent claims, Penal Code See. 72 at the end of this form. RE: Claim By ) Reserved for Clerk's filing stamp Bradley L. Haupt FBO ) Daniel A. Haupt ) RECEIVED. r. fps x,... Against the County of Contra Costa ) JAN —2 or ) District)Fill in name CLERK BOARD OF SUPERVISORS CONTRA COSTA CO. ) The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ UNDETERMINED and in support of this claim represents as follows: a.w—N—w-----------------NN----N— N----N--N---N—Nw—M—NN--N—N— — 1. When did the damage or injury occur? (Give exact date and hour) August. .4th, 1995 .1030 p.m.. ----------------- - 2. Where did the damage or injury occur? (Include city and county) Hartz Ave.. in front of Christines Beauty Danville, Contra Costa County, California .�� _N—NM-----------NN—�_���------ N—..— N—M 3. How did the damage or injury occur? (Give full details; use extra paper if required) Officer Endert and three other officers brutalized Daniel Haupt, arrested him unlawfully, and unlawfully detained him. They had no cause or justificatiD n for their conduct. Their report was inaccurate and self sevicing. 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? The act of violating a persons civil rights without any sort of assessment. The Officer then brutalized Daniel which nearly resulted in serious injury or possibly death. After brutalizing him Officer Endert continued to threaten and taunt Daniel to get him to resist in some way. He arrested him, and detained him as if he had commited a crime. The Officer used no judgement and acted as if he had no training. (over) It C , a3 5. 'What are the names of county or district officers, servants or employees causing. ' the damage or injury? Officer Jon Endert and three other officers which joined in. S. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. Undetermined 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) Undetermined 8. Names and addresses of witnesses, doctors and hospitals. See attached list of witnesses 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT * C * * * * * * Gov. Code Sec. 910.2 provides: "The claim must be signed by the claimant SEND NOTICES TO: (Attorney) or by some person on his b_ .alf." Name and Address of Attorney ' Bradley L. Haupt (Pro per) , '� 7300 Johnston Rd. C mints igny . Pleasanton, CA 94588 7300 Johnston Rd. Address Pleasanton, CA 94588 Telephone No. 510-248-8240 Telephone No.5f 0 -a Nb'-8.2 40 NOTICE Section 72 of the Penal Code provides: "Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, city or district board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is punishable either by imprisonment in the county jail for a period of not more than one year, by a fine of not exceeding one thousand ($1,000), or by both such imprisonment and fine, or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars ($10,000, or by both such imprisonment and fine. C, �3 List of Witnesses: Joe Aspatore 3090 Danville Blvd. Alamo, Ca 94507 Christine Perry 374 Hartz Ave. Danville, Ca 94526 Carl Miller 975 Mohr Lane Concord, Ca 94518 Jeff Stevens 228 Laurel Glen Danville, Ca 94506 Sarah Nations 6101 Cochran Dr. Bakersfield, Ca 93309 Tara Cubel P.O. Box 2455 San Ramon, CA 94583 Matthew Haupt 7300 Johnston Rd. Pleasanton, Ca 94588 Kaiser Hospital Emergency Dept. Dr. Chris Weinman 1425 S. Main St. Walnut Creek, Ca 94596 004 0 c I De . 004 IN .&)]4D 904 0 W 004 0- A ul 0 0 0 ,Ilk Old I 0 0 40 0 DAlf 4 JD 4D _)D 0 bm CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA: _ FEBRUARY 6, 19967 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: $600.00 Section 913 and 915.4. Please note all 'Warnings% CLAIMANT:DORTHA L LINDSAYT( ATTORNEY: J01 ® 3 lqq� Date received ADDRESS: 109 MANOR DRIVE COUIdTYCOUNBEL BY DELIVERY TO CLERK ON JANUARY 2, 1996 PITTSBURG CA 94565 MARTINEZ CALIF. BY MAIL POSTMARKED: DECEMBER 19, 1995 HAND DELIVERED VIA: RISK MGMT I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. �DATED: JANUARY 3 1996 PpHHIL BATCHELOR, Clerk 8T: Deputy JJIJ�, 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(.Q BY: Deputy County Counse 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 (J ) This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: 9d, PHIL BATCHELOR, Clerk, By , Deputy Clerk 17 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 my 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 Ihis 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: 7- / 9 9 BY: PHIL BATCHELOR by _Deputy Clerk CC: County Counsel County Administrator RECEIVED ® VGA JAN -2 i a f f CLERK BOARD OF SUPERVISORS CONTRA COSTA CO. II 'I f c ,ilk 1H t _ /.o G,a3 DCF CONCRETE CONSTRUCTION INC. 19719 Cabot Blvd. Phone (510) 264-9030 Hayward, CA 94545 Fax(510) 264-1815 License # 690880 12\11\95 From: Dennis Bohl Address 1061 MO-nor r ' 60.y Replace back door. Price"e 20 04 i *a Z �• S a � O 9V6 � 0 acs' CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA (FEBRUARY 6, 1996 Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: UNKNOWN �'� ►L/ and 915.4. Please note all "Warnings". CLAIMANT: QUYNLARK MARIE PATTON JAN p 4 1996 ATTORNEY: COUN'T'Y COUNSEL MARTINUP00f6ceived ADDRESS: 730 BLOSSOM WAY, #11 BY DELIVERY TO CLERK ON .TANITARy '� 12q(, HAYWARD CA 94541 BY MAIL POSTMARKED: DFCFMBFR 9R, 1 anti I. FROM: Clerk of the Board of Supervisors TO: ;County Counsel Attached is a copy of the above-noted claim. DATED: DECEMBER 4, 1996 tall t�TputyLOR, 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: [ "� It BY: %----------Deputy County Counse 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:_k In -i 9 9P PHIL BATCHELOR, Clerk, 9y�p ttl J . 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. t 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: -7- /99(o BY: PHIL BATCHELOR *1&1_1W d-I-) Deputy Clerk CC: County Counsel County Administrator d_LAIM 0 t OR DAMAGES APPENDIX B COUNTY /CITY 0a moi. a st d..C-✓d+'I-0- �- sto - r;;—f s d Y1+Iro_ c®st-�z a_A, servi eir-s NOTE: Claims for bodily injury or death, damage to personal property, or, damage to growing crops must be filed not later than 100 days after the occurrence out of which the claims arose. All other claims must be filed not later than one year after the occurrence out of which the claims arose. (Refer to California Government Code Section 911.2) DIRECTIONS: File the original with the City or County Municipality of responsibility. NAME OF CLAIMANT: Mr. Elf Y-617 ) a tj�gllaf-k- mcurl'e (Injured or damaged party) (Last) I ( irs / (Middle) HOME ADDRESS/PHONE: (Number/Street) (�itpState Zip�.�od ) (Phone Number) BUSINESS ADDRESS/ art C,t/ PHONE: (Number/Street) (City/State/Zip Code) (Phone Number) DIRECTIONS: Indicate to which address you wish notices sent 011E O BUSINESS Dn y v rI\ Pis WHEN DID INJURY OR DAMAGE OCCUR? rz - A.M. ( nth/Day/Year) (Day of Week) (Time of Day) PJM WHERE DID INJURY OR DAMAGE OCCUR? /I, M _a,(-7 <t Z (Street address,intersecting streets,or other location) IAJ-e- HOW DID INJURY OR DAMAGE OCCUR? (Describe accident or occurrence incomplete detail) 04- d-&ktM d oS � Jct ` ty6l"e, to-41ZU44. d a*e_ in dewy aYe'r I�t2 J ecr l q12 z/9Z-1 was unla 'l� kalv"eL'ed olvw -f=o -P a'l- o � r ur v t`s e-d Se o ka s « NAMES OF ITY EMPLOYE S INVOLVED? C�0r�Fra 6o�tcZ eQf X56 ecs ` W-i' s w c s, S er: oorf WHAT ACTIO OR I�1A TION OF TY EMPLOY��S) CAUSED�YPUR fN URY OR DAMA ES'� ��'�"nom -t' U u,l % `t F it a s �+ 11 1^e leas " �.o t Wv0__A_i C vrn -0`de r l t►1 c e usxte vv� +Lai a- ��u ctfie o�cLj WHAT INJURIES tf DAMA ES DID YOU SUFFER7 t6'Vro� strip Se o�- eS rctc!<'Qlly �;Q,Se , lo s: ,�,0 1hs , Ins-t,`r�4agp . � ,�r.a rca losfi., �n ,rru--� sS f-4,�e n C n"I'-1 l TOTAL AMOUNT CLAIMED $ F DIRECTIONS: Sign and date this Claim For Damages below. If the signer Is not the cIpman EU the relationship of the signer to the claimant(parent,attorney,etc.) d3 s natur / (Month/Dav/Year) K60ARDOF SUPERVISORS ' CONTRA COSTA CO. x w -.-RECENED JAN K BOARD OF SUPERVISORS GSR CONTRA COSTA CO. S54-41i V- -Ac-- - - -–- -�1 car_°�s � _—------ --- ------ -- - CLAIM do � BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY CAL_I_FORNIA CFEBUARY-b.,=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. Pi ,ase note all "Warnings% f t� CLAIMANT: JAFARI T. SARGENT aka JAFARI FABY JAN0 � 19P ATIORNEY: CHARLES B. DORSETT JR. 650 CALIFORNIA ST, 22ND FLOOR Date received^OUNTYCC1UiV3FL ADDRESS: SAN FRANCISCO CA 94108 BY DELIVERY Te GL 4fJRALIFJANUARY 3 1996 BY MAIL POSTMARKED: HAND DELIVERED 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. pH gg 'DATED: JANUARY 3, 1996 B1rIL DeputyLOR. Clerk II. 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). ( L4'Other: (� 4/100, ' 10 3 8 .ae 04_9-t •_7� - Cev",dti, �'.Cev-kkao q4.e py5k.r—r 21 Dated: / `�-�f`a BY: /�� Deputy County Counse 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. 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 d0 so ininediately. * 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. Date d:- �—/`/�/ (� BY: PHIL BATCHELOR by La d,__,Deputy Clerk CC: County Counsel County Administrator Claim 'to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY c " � 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 ) Resery d for Clerk's filin stamp -AFM2� ( T s.$QG M- T J A, y Ara y ff � RECEIVE®1Against the County of Contra Costa ) JAN - 3 1995 or ) 1:0ZPM. District) CLERK BOARD OE SUPERVISORS Fill in name ) I 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: W,�,k �,^,,,,so(l ro,� s� S eeI _..�---------------- _ .,.____________�__�� 1. When did the damage or injury occur? (Give exact date and hour) 7/3/gS- 2. Where did the damage or injury occur? ('Include city and county) LL 3. How did the damage or injury occur? (Give full details; use extra paper if required) S U.�Sfi ,� QGLc�r S7�i^E. KESS�G� 5hoved ci(a 11t ta4.,T — Itt-41 744,L) u. What particular act or omissiop, on the part of county or district officers, servants or employees caused;:te injury or damage? �7 l/lnt h Q (6 '�L Q SC Eti �►r h�3 v�a l '�cc r r vi.__�✓un,,s( w�"hJ� Va A r 4At4 W � S� (over) 5. What are the names of county or district officers, servants or employees causing the damage or injury? C 3 S. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. a 5 e"V- (dao iltit rv�td a cQa s�� 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) '�� w�e.�e.ol mal l e•e.Q 6 i 4/ L 8. Names and addresses of witnesses, doctors and hospitals. Ka rsex- W-A �. , tom," "A 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT W5 ) 1 Go -'00 e-h-A-01 f Gov. Code Sec. 910.2 provides% "The claim must be signed by the claimant SEND NOTICES TO: (Attorne ) or by some p2!gon on his lf." Name and Address of Attorney CAAaAe.5 Claimant's Signature C� Ga-�(:�fK saw Z-2- Address Telephone No. �'3y�—S-CS Telephone No. � f N 0 T I C U 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 sarie 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. 3 CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA FEBRUARY-6, 1996 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 a gMV1 CLAIMANT: MATHEW SHULTZ, BY AND THROUGH HIS CONSERVATOR MAJORIE SHULTZ JAN 0 9 1996 ATTORNEY: JAMES P. TESSIER COUNTY O'REILLY & COLLINS Date received OU Tri OUN E ADDRESS: 2500 SAN➢HILL RD STE 201 BY DELIVERY TO CLERK ON JANUARY 8,' 1996 MENIO PARK CA 94025 BY MAIL POSTMARKED: Jia 5, 1996 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. p�I BATCHELOR,DATED: JANUARY 9, 1996 IVIL Clerk 11. FROM: County Counsel TO: Clerk of the Board of Supervisors ( WThis claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: � � l — t¢ BY: Deputy County Counse III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present (J ) This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: PHIL BATCHELOR, Clerk, By , Deputy Clerk 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 nay 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: - 7-/9 9 BY: PHIL BATCHELOR by� ajA_,_�Deputy Clerk CC: County Counsel County Administrator RECEIVED JAN - 8 P96 CLERK BOARD OF SUPERVISORS CLAIM FOR DAMAGES FOR PERSONAL INJU CONTRA COSTA CO. AGAINST THE COUNTY OF CONTRA COSTA 'TO: THE COUNTY OF CONTRA COSTA Clerk of the Board of Supervisors 651 Pine Street, 1st Floor Martinez, CA 94553 CLAIMANTS: MATHEW SHULTZ, by and through his Conservator, MAJORIE SHULTZ c/o JAMES P. TESSIER O'REILLY & COLLINS 2500 Sand Hili Road, Ste. 201 Menlo Park, CA 94025 DATE OF ACCIDENT: July 5, 1995 TIME OF INCIDENT: Approximately 10: 00 p.m. LOCATION OF INCIDENT: On San Pablo Damn Road, approximately 1. 2 miles east of Bear Creek Road. FACTS ON WHICH CLAIM IS BASED: On July 5, 1995, at approximately 10: 00 p.m. , claimant Mathew Shultz was proceeding south on San Pablo Damn Road in the southbound lanes at or about the posted speed limit. At the same time, Mr. Harry Weise was traveling north on San Pablo Damn Road at or about the posted speed limit. As the Weise vehicle approached claimant's vehicle, a deer entered Mr. Weise's lane of travel causing him to swerve his vehicle into claimant's lane and collide with claimant's vehicle. At the time of the accident, San Pablo Damn Road, at a location approximately 1. 2 miles east of Bear Creek Road was in a dangerous condition in that there was an alarming population of deer in the area. Although you knew, or reasonably should have known that the massive deer population created a substantial risk of injury to motor vehicle users of the roadway, no steps were taken to control the deer population or to prevent them from entering the traffic lanes. Nor was there sufficient warning to motor vehicle users of the danger posed by the deer population. This roadway was also dangerous because it was not capable of handling the large volumes of traffic using the roadway or the speeds at which this traffic traveled. Although you knew or reasonable should have known that the capacity of this roadway was being exceeded, thereby creating a substantial risk of injury to motor vehicle users of the roadway, you failed to take steps to control the traffic volumes and speeds, or otherwise make the roadway safe, including, but not limited to, construction of a median barrier. These factors acted independently and/or in concert to cause the above described accident and claimant's injuries as described below. NAME OF EMPLOYEE OR EMPLOYEES CAUSING INJURY OR DAMAGE: Employees of this entity, presently unknown. INJURIES AND DAMAGES: Shearing injury to the brain stem and injury to the frontal and temporal lobes resulting in permanent injury, the extent of which is presently unknown. AMOUNT OF CLAIM: In excess of $10, 000. 00 and in excess of the jurisdiction of the Municipal Court. DATED: O'REILLY & COLLINS BY: ' JAMES P. TES IER Att.rneys for Plaintiffs 3295 ` � ! 9 \ t � - 0 . to y .\ H j"I\ E 44 44 \ q o ; E4 to 2 % L . % % 7 44 m 0 >4 @ R 4-1 N E � % k U / } c Q t ni } q } q ; o - \ , N UJ / e z j k z 0 S ) w \ J § / ) & a = • ! w ° Lu W 2 $ ) * < z � o ` § k �a ECOVE JAN 1 1 1996 CLERK 8( D 0 U 'PSORS COfUTRA,CO CLAIM FOR, DAMAGES FOR PERSONAL. INJURIES , O AGAINST THE COUNTY OF CONTRA COSTA TO: THE COUNTY OF CONTRA COSTA Clerk of the Board of Supervisors, 651 Pine Street, 1st Floor Martinez, CA 94553 CLAIMANTS: MATHEW SHULTZ, by and through his Conservator, MAJORIE SHULTZ c/o JAMES , P. TESSIER O'REILLY & COLLINS , 2500 Sand Hill, Road, Ste. 201 Menlo Park, CA 94025 DATE OF ' ACCIDENT: July 5, 1995 TIME OF INCIDENT: Approximately 10: 00.'p.m. LOCATION OF INCIDENT: On San Pablo ; Damn Road, approximately 1. 2 miles east of Bear Creek Road. FACTS ON WHICH CLAIM IS. BASED: On July 5,. 1995, at approximately 10: 00 p.m. , claimant Mathew Shultz was proceeding south on San Pablo. , Damn Road in the southbound lanes at or about, the posted speed limit. At the ' same time, Mr. Harry .Weise was traveling north on San Pablo Damn Road at or about the posted speed limit. As the Weise vehicle approached claimant's vehicle, a deer entered Mr. Weise's' lane of travel causing him to swerve his vehicle into 'claimant's lane and collide with claimant's vehicle. ' ,, At the time of. the accident, Sane Pablo Damn Road, at a location approximately 1. 2 miles east of Bear Creek Road was in a dangerous condition in that there was an. alarming ,population of deer in the " area. - Although you knew, or reasonably should have known that the massive deer population created a substantial risk of injury to motor vehicle users of the roadway, no steps were taken to control the deer population = or- to prevent them from, entering the traffic . lanes. Nor, , was there sufficient warning to motor vehicle users of the danger posed by the deer population. 'This . roadway was also " dangerous because it was not capable of handling ..the large volumes of, traffic using the roadway or the speeds at which this traffic traveled. Although you knew or reasonable should have known that ,,the capacity of this roadway was being exceeded, thereby creating a substantial risk of injury to motor vehicle users of the roadway, you failed to ,take steps to control the traffic . volumes . and speeds, or otherwise make the roadway safe, including, but not limited to, construction of a median barrier. These factors acted independently and%or 'in concert to, cause the, above described accident and claimant's injuries as described below. NAME OF EMPLOYEE. OR EMPLOYEES: CAUSING INJURY OR DAMAGE: Employees of this entity, presently unknown. INJURIES AND DAMAGES: Shearing, injury to the brain stem and injury to the frontal and temporal lobes resulting in permanent injury, the extent of which is presently unknown. AMOUNT OF CLAIM: In . excess of $10, 000. 00 and in excess of the jurisdiction of the Municipal . Court. DATED: L O'REILLY & COLLINS BY: JAMS P. TESSIER ` Attgrneys for Plaintiffs .3295 �, 1 PROOF OF SERVICE BY MAIL ° 2 1 am over the age of 18 years and not a party to the 3 within action; my business address is, and I am employed at the 4 Law Offices of O'Reilly & Collins, 25001 Sand Hill Road, Suite 5 201, Menlo Park, California 94025. 6 On the date set forth below, I . served a copy of the 7 CLAIM FOR DAMAGES in said action by placing a true, copy thereof 8 enclosed' in a sealed envelope with postage thereon fully prepaid, q in the ' United States -mail in the County. of San, Mateo, State of 10 California, addressed as follows: 11 THE COUNTY OF CONTRA' COSTA Clerk of the Board of Supervisors 12 651 Pine Street, 1st .Floor Martinez, CA 94553 13 I - declare under penalty of perjury that the foregoing . is 14 true and correct and that this declaration 'was executed at Menlo 15 Park, California, on January 5, 1996., 16 17 .- 18 19 20 ' 21 ' 22 23 24 25 26 LAW OFFICES OF O'REILLY&COLLINS A PROFESSIONAL CORPORATION 2500 SAND HILL ROAD,SURE 201 ),NLO PARK.CA 91025 - TOEPHONE(415)854.7700 - mfµ j; y'o yji N i �v 4 0) 0 r N r Y � rp 9G: N i f V Q `rn 00 U . J? l E.-A014 r r vC6 -A"-' V.O A. -^ WVC)x A a d. N N 4 O` It Vol a � pa r .• 7. C -3 CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA FEBRUARY 6, 1996 Claim Against the County, or District governed by) BOARD ACTION the Board of Supervi•so.rs, 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 Cection 913 and 915.4. Please note all "warnings". CLAIMANT: GARY SMITH JAN 0 5 1996 ATiORNEY: ��— MMAURT,NFZCAIJFL Date received ADDRESS: 836 PINOLE VALLEY ROA BY BY DELIVERY TO CLERK ON JANUARY 4. 1996 PINOLE CA 94564 BY MAIL POSTMARKED: HAND DELIVERED 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: JANUARY 5; 1996 IqIL �ep�LyIOR, Clerk ' Il. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) This claim complies substantially with Sections 910 and 910.2. (Vf 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: ///0 - Deputy County Counse 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. Gated: 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 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: d- 7-/ 7 9(a BY: PHIL BATCHELOR byaj,14 Deputy Clerk CC: County Counsel County Administrator ` OFFICE OF COUNTY COUNSEL DEPUTIES: CONTRA COSTA COUNTY PHILLIP S. ALTHOFF i' SHARON L. ANDERSON BRANDON D. BAUM COUNTY ADMINISTRATION BUILDING ANDREA W. CASSIDY `• ._` VICKIE L. DAWES P.O. BOX 69 MARKE S. ESTIS VICTOR J.WESTMAN MARTINEZ, CALIFORNIA MICHAEL D. FARR COUNTY COUNSEL 94553-0116 LILLIAN T. FUJII DENNIS C. GRAVES SILVANO B. MARCHES[ TELEPHONE (510) 646-2041 GREGORY C. HARVEY ARTHUR W.WALENTA,JR. FAX (510) 646-1078 KEVIN T. KERR ASSISTANTS EDWARD V. LANE, JR. MARY ANN M. MASON PAUL R. MUNIZ January 9 , 1996 VALERIE J. RANCHE DAVID F. SCHMIDT DIANA J. SILVER VICTORIA T. WILLIAMS NOTICE OF INSUFFICIENCY AND/OR NON-ACCEPTANCE OF CLAIM TO: Gary Smith , 836 Pinole valley Road Pinole, CA 94564 RE: CLAIM OF: Gary Smith Please Fake Notice as Follows : The claim you presented against the County of Contra Costa or District governed by the Board of Supervisors fails to comply substantially with the requirements of California Government Code Section 910 and 910 .2, or is otherwise insufficient for the reasons checked below: [] 1 . The claim fails to state the name and post office address of the claimant. [] 2 . The claim fails to state the post office address to which the person presenting the claim desires notices to be sent. [X], 3 . The claim fails to state the exact date, place or other circumstances of the occurrence or transaction which gave rise to the claim asserted.- [XI sserted:[X] 4 . The claim fails to state the name (s) of the public employee (s) causing the injury, damage, or loss, if known. [1 S . The claim fails to state whether the amount claimed exceeds ten thousand dollars ($10, 000) . If the claim totals less than ten thousand dollars ($10, 000) , the claim fails to state the amount claimed as of the date of presentation, the estimated amount of any prospective injury, damage or loss so far as known, or the basis of computation of the amount claimed. If the amount claimed exceeds ten thousand dollars ($10, 000') , the claim fails to state whether jurisdiction over the claim would rest in municipal or superior court. [] 6 . The claim is not signed by the claimant or by some person on is behalf . [] 7 . Other: VICTOR J. WESTMAN, County Counsel By. Deputy County Counsel CERTIFICATE OF SERVICE BY MAIL (C.C.P. §§ 1012, 1013a, 2015.5; Evidence Code §§ 641, 664) I declare that my business address is the County Counsel's Office of Contra Costa County, 651 Pine Street, Martinez, California 94553; .2 am a citizen of the United States, over 18 years of age, employed in Contra Costa County, and not a party to this action. I served a true copy of this Notice of Insufficiency and/or Non-acceptance of Claim by placing it in an envelope addressed as shown above, sealed and postage fully prepaid thereon, and thereafter was, deposited this day in the U.S. Mail at Martinez, California. I certify under penalty of perjury that the foregoing is true and correct. Dated: January, 1996 at Martinez, California. CC: Clerk of the Board of Supervisors (original) Risk Management (NOTICE OF INSUFFICIENCY OF CLAIM: GOVT. CODE §§ 910, 910.2, 920.4, 910.8) RECEIVED '.' ver CLAIM AGAINST PUBLIC ENTITY _41M CLERK BOARD OF SUPERVISORS CONTRA COSTA CO. To: THE COUNTY OF CONTRA COSTA, and DEPARTMENT OF HEALTH SERVICES: GARY SMITH hereby makes claim against THE COUNTY OF CONTRA COSTA, and DEPARTMENT OF HEALTH SERVICES for a sum in excess,of$10,000.00 and makes the following statements in support of the claim: 1. Claimant's mailing address is 836 Pinole Valley Road, Pinole, California 94564. 2. Notices concerning the claim should be sent to the address noted in item 1 above. 3. The date and place of the occurrences giving rise to this claim are including, and generally over the past 12 months. 4. The circumstances giving rise to this claim are as follows: As a Contra Costa County employee working in the Health Services Department in the Drug and Alcohol Section, Claimant was and is subjected to sexual harassment,job discrimination, hostile work environment, accused of improper work habits and performances, causing and resulting in serious injuries and damage to Claimant. 5. The names of the public employees causing the claimant's injuries are unknown at this time. 6. The claim is in an amount that would place it within the jurisdiction of the Superior Court and is based upon amounts which are to be proven later. Dated: G YS CAoffice\wpwin\slb\smithclm ► 8 CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA .FEBRUARY 6, 1996] Claim Against the County, or District governed by) BOARD AC71ON the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $5,000.00 tion 913 and 915.4. Please note all "Warnings". CLAIMANT: HOSIE L STEPHENS ATTORNEY: JAN p 9 1996 00��1N�CA�Fpate received JANUARY 9 1996 ADDRESS: 733 STONE HARBOR DR. M BY DELIVERY TO CLERK ON PITTSBURG CA 94565 HAND,`DELIVERED. BY MAIL POSTMARKED: 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. p 99 DATED: JANUARY 9, 1996 BAIL Deputy OR, Clerk ll. 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: — c! BY: Deputy County Couns II1. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: PMII 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 utter. If you went 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 eDuty Clerk CC: County Counsel County Administrator Claim 'to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT A. Claims relating to causes of action for death or for injury to person or to per- sonal property or growing crops and which accrue on or before December 31, 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 nne. •year after the accrual of the cause of action. (Govt. Code 5911.2.) B. Claims must be filed kth the Clerk of the Board of Supervisors at its office in Rom106, County Administration istration 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 Tom—. RE: Claim By ) Reserved for Clerk's filing stamp RECEIVED Against the C:ouaty 'o VVlltra Costa [:JAN - 9 I'Q6 oro o CLEARD OF SE: District) CONTRA Co-" Fill in name ) The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ :5and in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact date and hour) A ww_ww__ MN 2. -Where did the damage or injury occur? (Include city and county) h� � 1 _ Lw__�Nw___N_ _w_wwww 3. How did the damage or injury tvcur? (Give full. detail use ext-,- paper if required) k5f, ati "I", 22.fn� 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? ls� r�s� n� andrrrc�ss�ne - '�-1 7,13 (over) 5. What are the names of county or district officers, servants or employees causing the damage or injury? S. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. a0l 1 te - 7. How was the amount claimed above computed? (Include the estlmted awunt of any prospective injury or damage.) -a/Oa-H pei-day hose W4 30'claWs U4 Ar)eA- c-et*iOn a�ffei- a1�2 ,1rr� h/sro� e,-,kl a *h�4� Serve 8. Names and addresses of witnesses, doctors and hospitals.,_ / SAn 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT . Come 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 ��_dg�k , Cla dant' ignaQF "733 STo�e Agebop Zz Address Telephone No. Telephone No. 5!6" `V302 �3 IF 0 IF IF It 1t !F1 V V V 9 1 V I NOTICE Section 72 of th.B Penal Code provides: "Every person who, with intent' to defr w, Pres;nts for al l,uw-&-:, a 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. C..a 3 CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA FEBRUARY 6,_1.996 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: $1,386.00 Section 913 and 915.4. Pieasegote all "Warnings". CLAIMANT: KRISSI VENANZI �� II ATTORNEY: Date received COIJN?y, ADDRESS: 415 BRIDGE ROAD BY DELIVERY TO CLERK ON JANYA9Y/ii2'O4f9=9:6 WALNUT CREEK CA 94596 BY MAIL POSTMARKED: DECEMBER 29, 1995 HAND DELIVERED 1. FROM: Clerk of the Board of Supervisors TO: County Counsel j Attached is a copy of the above-noted claim. L DATED: JANUARY 5, 1995 Eq11 BATCHELOR. eputy OR, Clerk , 11. FROM: County Counsel TO: Clerk of the Board of Supervisors Of 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: 1-7 /7 c-� BY: Deputy County Counse Ill. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present ( J ) This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: J--LP HIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You nay 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 age 18; and that today 1 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: - 7-199(,, BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator Cla;_- to: BOAPM OF SJPERVISORS OF CONTRA COSTA CMM 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, 551 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 Krissi Venanzi RECEIVE® vta. Against the:Count of Contra Costa_ ) � ��v�� or ) 4 District) CLERIC BOARS OF SUPERvisOR CONTRA COSTA CO. Fill in name ) The tmidersigned claimant hereby makes claim afai 8 6• otthe 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) Wednesday, August 2 , 1995 09 : 00 Thru Friday, August 4,- 1995 2. Where did the damage or injury occur? (Include city and county) On our fence which is on cottage lane and Bridge Road Walnut Creek 3. How did the damage or injury occur? (Give full details; use extra paper if required) See Attached Page 4. What particular act or omission on the part of county or district officers, se.^vants or employees caused the injury or damage? SubContracted Pipe company from the County 5. wnat; are the names of county or district officers, servants or employees causing `,heimage or :r,jury? Contra Costa County who hired the contractors that damaged our fence 5. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. Extensive Damage to our fence facing- Cottage Lane ----- ------------- - -- 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) Estimates from Fencing company . 8. Names and addresses of witnesses, doctors and hospitals. Eric Venanzi Kaha Linden Patty Grijalva Krissi Venanzi 25 Willow Brook Lane414 Bridge Rd 415 Bridge Rd. Walnut Cree - Walnut Creek W.C. J. Sunderman 9• List the expenditures you made on account of this accident or injury. 10 Bridge Rd DATE ITEM? AMpUNT W.C. Cost of fixing-,t=he_,-fence VIM Gov. Code Sec. 910:2 provides: "The claim must be signed by the claimant SEND NOTICES TO: (Attol^ne )' ° _'y or by someerson on his behalf." Name and Address of Attorney C aimant's ignature 415 Bridge Road Walnut Creek California Address, (510) 938-6671 Telephone No. Telephone No. �t * V I Ji 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 impriso-wient and fine. . ► �. C° X3 On Wednesday, August 2, 1995, Durango Pipeline, Inc., consistently banged against our fence with their tractors and heavy machinery and huge cement pipes which they were unloading from a big truck against our fence. In doing this, Durango Pipeline cracked and loosened boards, to an extent that they were knocked off the frame and very unstable. Almost all of the boards had fresh cracks in them from one end of the fence to the other. A section of the frame actually protrudes off its frame into our yard now. There were at least 10 huge cement pipes unloaded and lined against the length of our fence causing it to bow and crack from the weight and pressure. One pipe was smack against the fence pushing it apart, which 1 was able to get a picture of along with several other pictures of the damage. I then asked for the man in charge of Durango Pipeline, Inc., and was directed to Bob Kanaele the Foreman. I tried to explain to Mr. Kanaele that I saw Durango Pipeline tractors, cement pipes and heavy machinery slam against our fence; before I could finish what I was saying Bob ° Kanaele rudely interrupted and told me East Bay Mud did it! I corrected him by telling him I saw Durango Pipeline, Inc., do it and showed him the pipe that was pushing our fence apart. I also pointed out the damage along the entire fence which his company was responsible for destroying. Bob Kanaele became even more rude and yelled that "he has dealt with home owners before" and that "his company did not do the damage." Also, he stated that "the fence was screwed in not hammered" as explanation for why it fell apart. He kept blaming everything else for the damage which I watched Durango Pipeline, Inc., do. He then walked off and muttered several words under his breath. All I wanted was for them to fix the damage that they had caused and for them to stop banging their tractors against our fence. I went back into my house and called a number for Henry Finch the County Resident Engineer. The next morning, August 3, 1995, Durango Pipeline, Inc., continued to bang their tractors against our fence; which I took pictures of. About an hour later, I received a call back from Henry Finch, the County Engineer, and he said he spoke to Durango and got their side of the story and would come by in the afternoon which he did. Henry Finch told me that the fence was very old and weathered. He was wrong!! The fence is made from Redwood which is supposed to weather and the fence was not old or in bad shape. Before purchasing this property a year ago, we had a certified individual perform an inspection. At the time of the inspection, the house and fence were both reported to be in great shape and passed the inspection without a problem. The County Resident Engineer and Bob .Kanaele from Durango Pipeline can not tell me the fence was in poor shape when I have proof that it was fine before they damaged it. Henry Finch kept asking me what I wanted out of this and I replied by telling him I simply wanted the fence fixed and returned to its original condition, as it existed before Durango Pipeline damaged it. At the very least this would require replacing all cracked boards by a fencing company and fixing the frame of fence which was damaged. Henry Finch replied that all the pipeline company would do was to make a temporary mend and that I was "out of luck" if I wanted them to do anything else. I asked him to bring a complaint form to me which he never did; he did tell me the boards that were falling off the fence, although cracked, would be put back by Durango Pipeline, Inc., "when they had time." This was not acceptable to me. I have two young children and a dog that could easily get out. In addition, the delapidated condition of the fence put my entire family, as well as our pets, at unneccessary risk; vulnerable to unwanted and potentially criminal trespass. In this same conversation with Henry Finch, I asked if a safe walk way would be sectioned off so that the children and parents would have a safe place to walk to our local school, Parkmead. Mr. Finch replied by saying that there was no way he would turn a one million dollar project into a six million dollar one. He continued by telling me that all he was receiving was complaints from people in our neighborhood. At this point I was not concerned with other complaints; I was concerned about my damaged fence and the'lack of concern for the safety of the children and adults in this area. It is obvious from the comments Mr. Finch made to me and my friend on August 3 that the safety of the residents in this neighborhood is not important to the County. I was very upset and glad I was not here alone when he obviously did not care for my childrens' safety with the damaged fence or the lack of help he gave me. At least I had someone else here to witness my conversation with Henry Finch. Needless to say, on August 7, 1995, the fence was not fixed until later that morning. My husband went to see what the County Resident Engineer and Durango Foreman Bob Kanaele were doing to our fence. It was apparent to my husband that Bob Kanaele was making a weak effort to repair the fence by putting nails on the cracked boards to re-secure it to the frame. When my husband informed Mr. Finch that this was a patch job and not fixing the damage, both he and Bob Kanaele became visibly upset. Bob Kanaele was yelling about not being responsible and my husband asked him to go back to his job at hand. With this Mr. Finch pointed his index finger at my husband saying he had insulted Bob Kanaele. My husband asked Henry Finch to stop pointing at him and that all we were requesting was that the fence be repaired and the broken pieces replaced. Henry Finch then offered my husband the phone number to the Risk Management Office and said that this was our only route to repair and chances of getting the fence fixed would be near to impossible. My husband ended the conversation with one last request that Henry Finch ask Bob Kanaele not to park or hit their work vehicles up against the fence. Obviously frustrated, Henry Finch blurted out "I can't stop them from parking there!" My husband said calmly "all I am asking is to request it, not enforce it." If I were to damage County or City property I would be expected to replace it. If I did not I would probably be arrested or charged for replacement. All I am asking is that the same courtesy be given to me for the damage of my fence. Krissi Venanzi 415 Bridge Road Walnut Creek, Ca . 94595 t 4� �.. ) - ✓.•..•f � ilk 3AB Y (` 7 V� w �£► Q V •r. IL r4 � .r fig, 'gnu• �, , t� y '