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HomeMy WebLinkAboutMINUTES - 04021996 - C17 C. 17 CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA APRIL 2, 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 Cal\ifornia 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 CLAIMANT: LIBERTY MUTUAL INSURANCE COMPANY ATTORNEY: DAVID W. BOSTON MAR 15 1996 TWO EMBARCADERO CENTER, SUITE 500 Date received COUNTY COUNSEL ADDRESS: SAN FRANCISCO, CA 94111 BY DELIVERY TO CLERK ON MARCH 14, 19'MARTINEZ CALIF. 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. Clerk ELOR DATED: MARCH 15, 1996 EVIL BATCH , eputy 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: 5 4 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 ( ✓1 This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated:l ,:11, /_PHIL BATCHELOR, Clerk, By 11(le 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 warnina 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:_, `��/qc?( BY: PHIL BATCHELOR b ' Deputy Clerk CC: County Counsel County Administrator 047 1 LAUGHLIN, FALBO, LEVY & MORESI David W. Boston 2 California State Bar No. : 104240 Two Embarcadero Center, Fifth Floor 3 San Francisco, CA 94111-3823 4 Telephone: (415) 781-6676 5 Attorneys for Claimant 6 7 8 9 IN THE MATTER OF THE CLAIM OF ) . ,CLAIM AGAINST A PUBLIC ENTITY LIBERTY MUTUAL INSURANCE ) PURSUANT TO CALIFORNIA 10 COMPANY, ) GOVERNMENT CODE SECTIONS 900 et seq. 11 Claimant, ) 12 V. RECEIVED CONTRA COSTA COUNTY HOUSING ) cQ 13 AUTHORITY, COUNTY OF CONTRA ) COSTA; ) II ' 4 14 ) 15 Defendants. ) CLERKCONTRA COSUPERVISORS TA Co iSORS 16 ) 17 In the matter of the claim of LIBERTY MUTUAL INSURANCE 18 COMPANY, claimant, and CONTRA COSTA COUNTY HOUSING AUTHORITY, and 19 COUNTY OF CONTRA COSTA, defendants: 20 Claimant, LIBERTY MUTUAL INSURANCE COMPANY, hereby presents 21 this claim to the CONTRA COSTA COUNTY HOUSING AUTHORITY, and the 22 COUNTY OF CONTRA COSTA pursuant to Section 910 of the California 23 Government Code. 24 1. The name and address of claimant LIBERTY MUTUAL INSURANCE 25 COMPANY is: LIBERTY MUTUAL INSURANCE COMPANY, 6130 Stoneridge Mall Law Offices of Road, Building 3, P.O. Box 9118, Pleasanton, California 94566. EAUGHEIN 26 FAEBO LEVY& MORE SI A Plff n ipl cWmgPm/imdC P=tim n' o F.NI D A R CAD E R 0 CE NT F_R IT I FLOOR 3.1N FRANCISCO,CALIFORNIA • VS f�� 1 2. It is requested that all notices and correspondence 2 relating to this claim be sent to David W. Boston, Laughlin, Falbo, 3 Levy & Moresi, Two Embarcadero Center, Suite 500, San Francisco, 4 California 94111, telephone (415) 781-6676. 5 3. On or about October 1, 1995, BRYAN GIVINS was employed by 6 TAC TEMPS, which was itself insured by LIBERTY MUTUAL INSURANCE 7 COMPANY for workers' compensation liability under the workers' 8 compensation laws of the State of California. 9 4. On or about October 1, 1995, BRYAN GIVINS was on the 10 premises of the CONTRA COSTA COUNTY HOUSING AUTHORITY located at 11 1601 North Jade Street, Richmond, California, when he was 12 repeatedly shot by an assailant on said premises. MR. GIVINS 13 sustained severe bodily injury as a result of this shooting, and as 14 a result thereof, GIVINS claims that LIBERTY MUTUAL INSURANCE 15 COMPANY has become obligated to provide workers' compensation 16 benefits to and on behalf of MR. GIVINS. 17 5. Claimant alleges that CONTRA COSTA COUNTY HOUSING 18 AUTHORITY and the COUNTY OF CONTRA COSTA were negligent in that 19 they knew or should have known that there had been numerous 20 incidents of violent criminal activity on or about the premises at 21 1601 North Jade Street, Richmond, California, including but not 22 limited to shootings, and despite such knowledge, CONTRA COSTA 23 COUNTY HOUSING AUTHORITY and the COUNTY OF CONTRA COSTA failed to 24 take reasonable measures to provide adequate security. Further, 25 CONTRA COSTA COUNTY HOUSING AUTHORITY and the COUNTY OF CONTRA Law Offices of COSTA owed a duty to BRYAN GIVINS to protect him from violent LAUGHLIN 26 FALBO LEVY& MORE SI A rur-hip W,Iuding ftf iowi C,, ,twm —2— rwo F_\IBARCADERO CENTER 5TH FLOOR SAN'FRA\CISCO.CALIFORNIA k1+11 t-3A 23 Oil 1 criminal assaults while working on said premises. Claimant further 2 alleges that defendant CONTRA COSTA HOUSING AUTHORITY and the 3 COUNTY OF CONTRA COSTA maintained a dangerous condition on public 4 property which resulted in violent criminal activity occurring on 5 the subject premises. , Further, claimant alleges CONTRA COSTA 6 COUNTY HOUSING AUTHORITY knew or should have known of the existence 7 of such criminal activities which would foreseeably result in the 8 severe personal injuries sustained by BRYAN GIVINS. 9 6. GIVINS' entitlement to workers benefits as a result of 10 the incident has not yet been determined. 11 7. If it is ultimately determined by the Workers' 12 Compensation Appeals Board that MR. GIVINS was injured in the 13 course and scope of his employment with TAC TEMPTS, then LIBERTY 14 MUTUAL will be obligated to pay medical and disability benefits to 15 MR. GIVINS. Claimant therefore seeks reimburseme ~t of all benefits 16 Paid to MR. GIVINS as a result of the incident. 17 DATED: March 12, 1996 18 LAUGHLIN, FALBO, LEVY & MORESI 19 By_ IN . 20 David W. Boston 21 Attorneys for Claimant 22 23 24 25 Uw Offices of LAUGHLIN 26 FALBO LEVY& MORE SI .a Nn—hip IkWu'g Professional C'r ti— IWO EMBARCADERO CENTER _ STH FLOOR - .SAN FRANCISCO.CALIFORNIA ktl i-3N23 PROOF OF SERVICE 1 I, Carol A. McFall, am over the age of 18 years and not a 2 arty to the within entitled action. I am employed at, and my 3 usiness address is Laughlin,, Falbo, Levy & Moresi, Two Embarcadero 4 enter, Fifth Floor, San Francisco, California 94111. On this date 5 caused to be served copies of the following document(s) : 6 CLAIM AGAINST A PUBLIC ENTITY PURSUANT TO CALIFORNIA 7 GOVERNMENT CODE SECTIONS 900 et seq. 8 y personally delivering a copy of each such document to the 9 ollowing business address set forth opposite each business name, 10 o wit: 11 ontra Costa County Housing Authority 133 Estudillo 12artinez, California 13151 oard of Supervisors ounty of Contra Costa 14 Pine Street, 1106 artinez, California 15 I declare under penalty of perjury that the foregoing is 16 rue and correct. Executed at San Francisco, California, on 17 arch 14, 1996. 18 19 Carol A. McFall 20 21 22 23 24 25 Law Offices of LAUGHLIN 26 FALBO LEVY& MORE SI A Partnership Including Prof lanai Cop­ TWO EMBARCADERO CENTER 5TH FLOOR SAN FRANCISCO.CALIFORNIA 04111-3823 TELEPHONE(4151781-6670 CLAIM ( 7 BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA APRIL 2) 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 Section 913 and 915.4. Please note aRJeT? V[RZ) CLAIMANT: CAROLYN STULL MAR 13 1996 ATTORNEY: JOBN C. FERRY COUNTY COUNSEL PO BOX 23646 Date received MARTINEZ CALIF. ADDRESS: PLEASANT CA 94523-0646 BY DELIVERY TO CLERK ON - MARCH 12, 1996 BY MAIL POSTMARKED: MARCH 5. 1996 VIA: RISK MGMT. 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. ppHHIL ATCHELOR, C1er-k- r' DATED: MARCH 13, 1996 BY: Deputy 1 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: —( _ BY: Deputy County Counsel Ill. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: �{,jQ �f / 9 j{o 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 warnino 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 T 9(9 BY: PHIL BATCHELOR by e, Deputy Clerk CC: County Counsel County Administrator C .►7 OFFICE OF COUNTY COUNSEL DEPUTIES: CONTRA COSTA COUNTY PHILLIP S. ALTHOFF SHARON L. ANDERSON BRANDON D. BAUM 4 COUNTY ADMINISTRATION BUILDING ANDREA W. CA55IDY P.O. BOX 69 VICKIE L. DAWES MARKE S. ESTIS MARTINEZ, CALIFORNIA MICHAEL D. FARR 94553-0116 LILLIAN T. FUJII VICTOR J. WESTMAN DENNIS C. GRAVES COUNTY COUNSEL TELEPHONE (510) 335-1837 GREGORY C. HARVEY FAX (510) 646-1078 KEVIN T. KERR SILVANO B. MARCHESI EDWARD V. LANE, JR. ARTHUR W. WALENTA, JR. MARY ANN M. MASON ASSISTANTS March 18, 1996 PAUL R. MUNI Z VALERIE J. RANCHE DAVID F. SCHMIDT DIANA J. SILVER VICTORIA T. WILLIAMS NOTICE OF INSUFFICIENCY AND/OR NON-ACCEPTANCE OF CLAIM TO: John C. Ferry, Esq. P.O. Box 236-46 200 Gregory Lane, Ste. B-2 Pleasant Hill, CA 94523-0646 RE: CLAIM OF: Carolyn Stull Please Take Notice as Follows: The claim you presented against the County of Contra Costa or District governed by the Board of Supervisors fails to comply substantially with the requirements of California Government Code Section 910 and 910 . 2, or is otherwise insufficient for the reasons checked below: [] 1 . The claim fails to state the name and post office address of the claimant. [] 2 . The claim fails to state the post office address to which the person presenting the claim desires notices to be sent. [] 3 . The claim fails to state the date, place or other circumstances of the occurrence or transaction which gave rise to the claim asserted. [X] 4 . The claim fails to state the name (s) of the public employee (s) causing the injury, damage, or loss, if known. [X] 5 . The claim fails to state whether the amount claimed exceeds ten thousand dollars ($10, 000) . If the claim totals less than ten thousand dollars ($10, 000) , the claim fails to state the amount claimed as of the date of presentation, the estimated amount of any prospective injury, damage or loss so far as known, or the basis of computation of the amount claimed. If the amount claimed exceeds ten thousand dollars ($10, 000) , the claim fails to state whether jurisdiction over the claim would rest in municipal or superior court. [] 6 . The claim is not signed by the claimant or by some person on is behalf . [] 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; I am a citizen of the United States, over 18 years of age, employed in Contra Costa County, and not a party to this action. I served a true copy of this Notice of Insufficiency and/or Non- acceptance of Claim by placing it in an envelope addressed as shown above, sealed and postage fully prepaid thereon, and thereafter was, deposited this day in the U.S. Mail at Martinez, California. I certify under penalty of perjury that the foregoing is true and correct. Dated: March 18, 1996 at Martinez, California. CC: Clerk of the Board of Supervisors (original) Risk Management (NOTICE OF INSUFFICIENCY OF CLAIM: GOVT. CODE H 910, 910.2, 920.4, 910.8) JOHN C. FERRY LA W1 OFFICES P.O. BOX 23646 200 GREGORY LANE,SUITE B-2 PLEASANT HILL,CALIFORNIA 94523-0646 (510)827-1810 March 4, 1996 _ Merrithew Memorial Hospital and Clinics RECEIVED Office of the Hospital Administrator 2500 Alhambra Avenue W t 2 Martinez, CA 94553 r ' CLERIC BOARD OF SU ERVISORS CONTRA COSTA CO. Re: Carolyn Stull Your Patient No.: 10159093 Our File No.: 33548 Dear Sir/Madam: Ms. Carolyn Stull has asked this Firm to represent her interests and to present a claim arising out of treatment she received from the Hospital last Fall. I will briefly recite the factual background to assist you in locating and reviewing your records. On the evening of September 26, 1995, Ms. Stull presented herself to the Hospital emergency room suffering severe abdominal pain. She was neglected by the Hospital staff and forced to wait five and one half hours before she was examined by the attending physician. It was not until the morning of September 27 that a decision was made that she was suffering from appendicitis and was given an emergency appendectomy. Unfortunately by that time her appendix had ruptured and the poison had been allowed to spread throughout her system creating serious post-operative complications. If she had not been forced to wait such an interminable and unacceptable^a-.:c-:d of ti­e' Su.-ae.,,cr,"M ha.,P hPnn nerfmr; ed prior to the rupture and all the consequences therefrom could have been avoided. Very shortly after her surgery Ms. Stull began experiencing an alarming numbness in her limbs. There can be no doubt that this condition directly resulted from the ruptured appendix, which, as I have indicated, should have been avoided by the Hospital. She has been examined by several doctors since that time in an attempt to determine the exact nature of her malady. While we do not, at this time, have a confirmed diagnosis, it seems highly unlikely that the onset of this condition, so soon after her surgery, is a coincidence. Merrithew Hospital Administrator March 4, 1996 Page 2 Accordingly, we are placing you on notice of our intent to pursue all available legal remedies against the Hospital. Kindly advise if you have any specific procedures you require us to complete at this time. While Ms. Stull has incurred medical expenses, lost wages and considerable pain and suffering as a result of her treatment at Merrithew, we are presently unable to calculate her damages with any degree of certainty. There is the real possibility that Ms. Stull's future medicals will be considerable and that she will face further disruption to her professional and personal life. We will make this calculation as soon as circumstances permit and advise you accordingly. Ms. Stull prefers getting on with her life and is not a "litigation-happy" person. She would much prefer resolving this matter expeditiously and in a reasonable manner. Accordingly, I request that you convey this letter to the appropriate personnel for response. I look forward to hearing from you in the very near future. Very truly y urs, LAW FI ES FJ C. FERRY i John C. Ferry cc: Carolyn Stull c:/.../stull/merrithe 0 � g z LE 71- n _ 1 CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA April 2, 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 Gov "awill) Amount: Unknown Section 913 and 915.4. Please note all "Wal. ngs% CLAIMANT: Dr. Jinet St. Jonz MAR 2 2 1996 COUNTY OOUN98L ATTORNEY: MARTINP2 CALIF. Date received ADDRESS: 1190 MacDonald Ave. #e BY DELIVERY TO CLERK ON February 20, 1996 Richmond, CA 94801 February 1 BY MAIL POSTMARKED: ry 9, 1996 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. ppHH gg 4 DATED: March 22, 1996 BYIL DeputyLOR, Clerk 0 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: 3 - z 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//D 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. nn Dated: PHIL BATCHELOR, Clerk, ByDeputy 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:_- 129/, BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator C. .17 OFFICE OF COUNTY COUNSEL DEPUTIES: CONTRA COSTA COUNTY PHILLIP S. ALTHOFF SHARON L. ANDERSON rte' BRANDON D. BAUM COUNTY ADMINISTRATION BUILDING ANDREA W. CASSIDY P.O. BOX 69 VICKIE L. DAWES MARKE S. ESTIS MARTINEZ, CALIFORNIA MICHAEL D. FARR 94553-0116 LILLIAN T. FUJII VICTOR J. WESTMAN DENNIS C. GRAVES COUNTY COUNSEL TELEPHONE (510) 335-1837 GREGORY C. HARVEY FAX (510) 646-1078 KEVIN T. KERR SILVANO B. MARCHESI EDWARD V. LANE, JR. ARTHUR W. WALENTA, JR. MARY ANN M. MASON ASSISTANTS March 22, 1996 PAUL R. MUNIZ VALERIE J. RANCHE DAVID F. SCHMIDT DIANA J. SILVER VICTORIA T. WILLIAMS NOTICE OF INSUFFICIENCY AND/OR NON-ACCEPTANCE OF CLAIM TO: Dr. Jinet St. Jonz 3226 Rheem St. Richmond, CA 94805 RE: CLAIM OF: Dr. Jinet St. Jonz Please Take Notice as Follows : The claim you presented against the County of Contra Costa or District governed by the Board of Supervisors fails to comply substantially with the requirements of California Government Code Section 910 and 910 .2, or is otherwise insufficient for the reasons checked below: [] 1 . The claim fails to state the name and post office address of the claimant. [] 2 . The claim fails to state the post office address to which the person presenting the claim desires notices to be sent. [X] 3 . The claim fails to state the date, place or other circumstances of the occurrence or transaction which gave rise to the claim asserted. [X] 4 . The claim fails to state the name(s) of the public employee (s) causing the injury, damage, or loss, if known. [X] 5 . The claim fails to state whether the amount claimed exceeds ten thousand dollars ($10, 000) . If the claim totals less than ten thousand dollars ($10, 000) , the claim fails to state the amount claimed as of the date of presentation, the estimated amount of any prospective injury, damage or loss so far as known, or the basis of computation of the amount claimed. If the amount claimed exceeds ten thousand dollars ($10, 000) , the claim fails to state whether jurisdiction over the claim would rest in municipal or superior court. . [X] 6 . The claim is not signed by the claimant or by some person on is behalf . [X] 7 . Other: You originally requested that the Clerk of the Board send you a claim form, which was done. However, since we have not heard from you, we will go ahead and treat your original letter as a claim. There are certain insufficiencies as indicated above. Please correct these and resubmit your claim as soon as possible. VICTOR J. WESTMAN, County Counsel By: Deputy County Counsel CERTIFICATE OF SERVICE BY MAIL (C.C.P. §§ 1012, 1013a, 2015.5; Evidence Code §§ 641, 664) I declare that my business address is the County Counsel's Office of Contra Costa County, 651 Pine Street, Martinez, California 94553; I am a citizen of the United States, over 18 years of age, employed in Contra Costa County, and not a party to this action. I served a true copy of this Notice of Insufficiency and/or Non-acceptance of Claim by placing it in an envelope addressed as shown above, sealed and postage fully prepaid thereon, and thereafter was, deposited this day in the U.S. Mail at Martinez, California. I certify under penalty of perjury that the foregoing is true and correct. Dated: March 22, 1996 at Martinez, California. CC: Clerk of the Board of Supervisors (original) Risk Management (NOTICE OF INSUFFICIENCY OF CLAIM: GOVT. CODE §§ 910, 910.2, 920.9, 910.8) RECEIVED FEB 2 01996 CLERKC TRA�OS pERViEi01 NOTICE OF PROPOSED ACTION DR. JINET _ST. JONZ POSITIVE ENERGY PEOPLES RIGHT COALITION MR./MS . Z"14n l FROM DOCTOR ST. JONZ HOMELESS CR MSL- ANSWER WITH CHECK TOO/CHECK ADDRESS - OR- MAIL TO 3226 RHEEM STREET 's 5ANifm RICHMOND CALIFORNIA 94805 RE UNFAIR DUE PROCESS OF LAW DISCRIMINATION/VARIOUS ACCOUNTS VIOLATION OF CIVIL RIGHTS VIOLATION OF CONSTITUTIONAL RIGHTS VITOLATION OF RELIGION RIGHTS . V'I.OLATION OF THE SOCIAL SERVICES,LAWS/CODES,ETHNICS �oju—s _a E7 Po We a DEAR, . . . .MR/MS DUE TO THE CRUEL HARRASSMENT,AND FORTIS MOTIONS OF INTIMIDATION OF RICHMOND/CONTRA COSTA,SOCIAL SERVICES AGENCY'S. TO DENY G/A CLIENTS THEIR CONSTITUTIONAL,CIVIL RIGHTS ,AND FAIR SUPPLEMENT PAY I,DR.JINET ST JONZ HAVE LOSS MY RIGHT TO LIFE DUE TO THE SAID OFFICES OF INJUSTICES. PAGE TWO CONTINUED) I HAVE SUFFERED MUCH PAIN AND SUFFERING FROM THE ABUSE OF THE INHUMANE,DISCRIMINATING,RETALITORY,NEGLIGENCE,AND FRAUDULENT BEHAVIOR OF THE RICHMOND%CONTRA COSTA S00A L• SERBrCe • I AM SURE GOD DOES NOT CONDONE INJUS TICES ,TO HIS CHILDREN, AND THE AMERICAN GOVERNMENT CAN NOT OVERRIDE THE MEANS ,AND WAYS OF GOD. THAT IN ITSELF IS A DISREPECT AND MISDEMEANOR TO GOD,AND LAWS OF THE UNITED STATES GOVERNMENT. RICHMOND SOCIAL SERVICES/CONTRA COSTA COUNTY, . . . .I NOW CHARGE YOU WITH . . . . . . . . . . .BLATANT,CRIMINAL RACIALISM,GENOCIDE. ��G ' HITLER TACTICS: pol-eirlo-4 ASSUALT,ON A NATION OF PEOPLE. OF COLOR. . . . . . . . . .WILL NO LONGER BE TOLERATED. 0 of THE AMERICAN GOVERNMENT PROTECT THESE CSV 'RIGHTS. I DEMAND RESTITUTION OF PAY FOR THESE DAMAGES PLEASE SEND A. CLAIMS FORM. MAY GOD BLESS YOU IN ALL THAT YOU. DO. . . . . . .$IN GOD WE TRUST. . . SINCERELY DR. ST. JONZ WITNESS WITNESS DATE Coll 'STATE OF CALIFORNIA-HEALTH AND WELFARE AGENCY DEPARTMENT OF SOCIAL SERVICES COMPLAINT OF DISCRIMINATION NA E AID TYPE ADDRESSs� tT CASE NUMBER �..T AREA CODE nV \ PHONE ( ) I believe have been discri 7)//NATIONAL against on the basis of: i' ( ) ACE ( ORIGIN ( ) ELIGION ( ) MARITAL STATUS ( ) SEX ( ) COLOR' ( ) HANDICAP ( } AGE ( APOLITICAL AFFILIATION NAME OF PERSON TITLE DATE OF PLACE OF OCCURRENCE WHO DISCRIMINATED OCCURRENCE AND AGENCY Describe in your own words what action(s) have happened to lead you to believe you have been discrimin ted against. C l - CA) T Indicate what resolution you are seeking. f (/ f t r /lJ COC I understand the above information is true and complete to the best of my knowledge and belief. VDIV /Vo o j COMPLAINANT'S SIGNATURE DAT GEN 117914/851 i 047 CLERK OF THE BOARD To: Dr. Jinet St. Jonz From: Shirley Casillas, Deputy Clerk Clerk of the Board of Supervisors Date: February 22, 1996 Subject: Request for Claim Form --------------------------------------------- --------------------------------------------- Per your request of February 20, 1996, I am sending you a claim form. .1 / o A y ~ o � � z . ndy En Nzcr oCo tzj tii HH� :�4 H t%i b . N H 0 i=i O V�tHs1yEn W O r H 0" r W Lrn Lry Y l w.,• l3 C ci � ® y �, r ' d(� IN �o"-�e4 Ca v) W ® O � a � uj p 6-T W a Q� a W m E 0 � CDy � rn N N U T d„ C 0 O iTC} mo g CLAIM e .1� BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA April 2, 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 aragraph IV below), given pursuant to Gov¢ MVZEJ Amount: Unknown RE EN Dion 913 and 915.4. Please note all "W ngs". CLAIMANT: Dr. Jinet St. JonznnR ( O 1996 MAR 2 2 1996 Hr OOUNTYOOUNSHL ATTORNEY: MARTINEZ CAUF. CLERK BO Fi6Elfid ved ADDRESS: 1190 MacDonald Ave. Co�TI;r� CQS" Y TO CLERK ON February 20, 1996 Richmond, CA 94801 BY MAIL POSTMARKED: February 19, 1996 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. 4 ppHHIL ATCHELOR, Clerk p �1 DATED: March 22, 1996 Bl : 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: BY: Deputy County Counsel 111. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present W) 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: 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 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 warnino see reverse side of this notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein ment+on.d; .ha_ e been a citizen of the United States, over age 18; and that today I deposited in the United States Postal StY.vice-in Martinez, California, postage fully prepaid a certified copy of this Board Order and 'iotice to Claimant, addressed to the claimant as shown above. Dated: BY: PHIL BATCHELOR byiq, n Deputy Clerk CC: County Counsel County Administrator CLERK OF THE BOARD To: Dr. Jinet St. Jonz From: Shirley Casillas, Deputy Clerk Clerk of the Board of Supervisors(F Date: April 29, 1996 subject: Claim Form -------------------------------------------- -------------------------------------------- Per your request I am sending you a claim form. Also the address for Risk Management is 651 Pine St. , 6th Floor, Martinez, CA 94553 . V. -Claim *to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY (� . 1 INSTRUCTIONS Ta 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 6911.2.) B. Claim must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Hartinez, CA 94553• C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at the end of this To. aaaaaaaa * • acv +tse * • sae • • a • v • sfese �tsea * • • e * aa BE: Claim By ) Reserved for Clerk's filing stamp Against the County of Contra Costa ) or ) District), . Fill in name ) The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ and in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact date and hour) 2. Where did the damage or injury occur? (Include city and county) M� M 3. How did the damage or injury occur? (Give full details; use extra paper if required) 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? (over) 50- What are the names of county or district officers, servants or employees causing C , 1, 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. 7. Hoy was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) 6. Names and addresses of witnesses, doctors and hospitals. 9. List the expenditures you made on account of-this accident or injury: D_ ITEM AMOUNT • • • a • a a f * a • • a a * a a * e e �r * �r s a a e a a a f a a a f s f a a * a a 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 Claimant's Signature (Address) Telephone No. Telephone No. sf • afaa I eaaa -1a00 ass 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 am 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,ODO), 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. Nmya3 Clp N N N o 03 y 4 CD rn t¢ pan � otD C2 l \ S , o a :q tp j �5 O c cr N r /? CLERK OF THE BOARD To: Dr. Jinet St. Jonz From: Shirley Casillas, Deputy Clerk Clerk of the Board of Supervisors(_— Date: April 29, 1996 Subject: Claim Form Per your request I an sending you a claim form. Also the address for Risk Management is 651 Pine St. , 6th Floor, Martinez, CA 94553. V7 DA TE APR 1 5 1 . COUNTY COUNSEL �MARTIN EZ(GAU . V G� �q FROM DR. JINET ST JONZ RECEIVE® HOMELESS OR APR 1619% 1190 MACDONALD ACE #E CLERK BO:4.RQ OF guPfrRVlSORS RICHMOND,CALIFORNIA 94801 CONT�+ACOSTACO. NOTICE,I CAN ONLY RECEIVE MAIL AT THIS ADDRESS ON THE IST OR THE SIXTH OF EACH,AS INSTRUCTED BY CHECK CASHING BUSINESS. RE • NOTICE NOT RECEIVED ON' A TIMELY BASIS?UNFAIR DUE PROCESS OF LAW. • I AM HOMELESS AND DID NOT RECEIVE MAIL ON A TIMELY BASIS 9 I DID NOT RECEIVE APRILS FOOD STAMP I ONLY RECEIVE MAIL AT THE CHECK CENTER- _ONn,THE IST OR THE THE SIXTH AS INSTRUCTED BY CC,CENTER. �4 /V110�1 • 1 a PLEASE SEND ME A CLAIMS FORM • PLEASE SEND BUS PASS FOR HE6RING,AND ETC.BECAUSE OF G/A WRONGFUL DECREASE (f o,cp—) / e I JINET ST JONZ REQUEST ANOTHER HEARING DATE,DUE TM SAID INFORMATION PLEASE SEND BUS PASS. �'� u• SINCERELY NE ST 0 Z OFFICE OF COUNTY COUNSEL DEPUTIES: ' f CONTRA COSTA COUNTY PHILLIP S. ALTHOFF SHARON L. ANDERSON G BRANDON D. BAUM COUNTY ADMINISTRATION BUILDING ANDREA W. CASSIDY P.O. BOX 69 VICKIE L. DAWES MARKE S. ESTIS MARTINEZ, CALIFORNIA MICHAEL D. FARR 94553-0116 LILLIAN T. FUJII VICTOR J. WESTMAN DENNIS C. GRAVES COUNTY COUNSEL TELEPHONE (510) 335-183-7 GREGORY C. HARVEY FAX (510) 646-1078 KEVIN T. KERR SILVANO B. MARCHESI EDWARD V. LANE, JR. ARTHUR W. WALENTA, JR. MARY ANN M. MASON ASSISTANTS RCtO March 22 , 1996 PAUL R. MUNI Z VALERIE J. RANCHE O\,( DAVID F. SCHMIDT D4 t� DIANA J. SILVER VICTORIA T. WILLTAMS 0 6r�t �Nf- ?) © ®� NOTICE OF INSUFFICIENCY AND/OR O �� NON-ACCEPTANCE OF CLAIM ALP 'j TO: Dr. Jine t S t. Jonz 3226 Rheem St. Richmond, CA 94805 RE '., CLAIM OF: Dr. Jinet St. Jonz Please Take Notice as Follows : The claim you presented against the County of Contra Costa or District governed by the Board of Supervisors fails to comply substantially with the requirements , of California Government Code Section 910 and 910 . 2 , or is otherwise insufficient for the reasons checked below: [] 1 . The claim fails to state the name and. post office address of the claimant.-Now / 1 4Q"ae� [] 2 . The claim fails to state the post office address to which the perpr2s ent 'ng the �l 'mdares notic s to! be sent. - ' v [X] 3 . The claim failb to stAe the date, place or other circumstances of the ocRurrence or transaction wh' ch gave rise C to the claiip asserted. V b&4\--b3 'tom 4L-cc [X] 4 . The claim fails to state the names) of the public employee (s) causing injury, damage, or loss, if known. ! ���-�"',, [X] 5 . The claim LailXt0 state whether t]h�� claimed� exceeds ten thousand dollars ($10, 000) . If the claim totals less than ten thousand dollars ($10, 000) , the claim fails to state the .6U"Ll 0- VYU-kk) 4CUrn--) �o ���„�.�, � , P��, • tea►-u� lx� a� -�., _ �, t7 �` � ���, � i `ti i � � E i � ,�` �\ � � V a i �\ 3 �`�� i �_ .. �,� . . `, _ �, •,` '1 \`� CLAIM C47 BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA -_ April 2, 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: Unknow*i Section 413 and 915.4. Please note all CLAIMANT: Charles Johnson ATTORNE'i: William R. Strickland, Esq. MAR 2 0 1996 Park Plaza Building Date received C0�TINZCALIF- ADDRESS: 1939 Harrison St. , Ste. 800 BY DELIVERY TO CLERK ON March 2n- 1 Oakland, CA 94612-3527 BY MAIL POSTMARKED: March J()., 1996 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim, ppH gg DATED: March 20, 1996 BaII DeputyLOR, Clerk —/� �� I /1.n. II. FROM: County Counsel TO: Clerk of the Board of Supervisors (v'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: 3 2-1 'F Ce 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 (y) 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 A . /c?96 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 warnina 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: 04a4L , / �_/99�o BY: PHIL BATCHELOR by eputy Clerk CC: County Counsel County Administrator RECEIVED WILLIAM R. STRICKLAND, ESQ. (SBN 43125) .Z O ' BARBARA L. MILLER, ESQ. (SBN 138384) we STRICKLAND & HAAPALA Park Plaza Building CLERK BOARD OFF SUPERVISORS 1939 Harrison Street, Suite 800 CorjTgACOSIACO. Oakland, California 94612-3527 Telephone: (510) 763-2324 Facsimile: (510) 273-8534 Attorneys for Claimant, CHARLES JOHNSON CHARLES JOHNSON, CLAIM FOR EXPRESS AND IMPLIED INDEMNITY AND Claimant, INDEMNITY AND CONTRIBUTION (SECTION 910 OF THE VS. GOVERNMENT CODE) CITY OF ANTIOCH and COUNTY OF CONTRA COSTA, Respondents. TO: CITY OF ANTIOCH CITY CLERK, FLORENCE RUNDALL P.O. Box 130 Antioch, CA 94509 COUNTY OF CONTRA COSTA Board of Supervisors 651 Pine Street, Room 106 Martinez, CA 94553 Pursuant to Government Code Section 910, CHARLES JOHNSON hereby presents a claim for equitable indemnity against the CITY OF ANTIOCH and the COUNTY OF CONTRA COSTA. 1 0 .17 1. Name and Post Office Address of Claimants: CHARLES JOHNSON 58 E. Lake Drive Antioch, CA 94509 (510) 778-9651 2 . Mailing Address to which Notices are to be Sent: William R. Strickland, Esq. Barbara L. Miller, Esq. STRICKLAND & HAAPALA 1939 Harrison Street, Suite 800 Oakland, California 94612-3527 (510) 763-2324 3 . The date and place of the occurrence giving rise to this claim is November 2 , 1994 , on Fitzuren Road at or near the creek overpass that accesses 911 to 917 Fitzuren Road, and bridges the West Antioch Creek in the City of Antioch, California. 4 . The circumstances giving rise to this claim are set forth within the complaint for damages entitled DOROTHY VILLMAN v. CITY OF ANTIOCH, et. al. , Contra Costa County Superior Court, No. C95-04814 , attached as Exhibit 111, " and the Government. Claim presented to the City of Antioch by Dorothy Villman attached as Exhibit 112" . These documents are incorporated by reference. CHARLES JOHNSON claims entitlement to express and implied indemnity and indemnity and contribution, as well as to attorneys' fees, costs and expenses in defense of the above-described action pursuant to American Motorcycle Ass'n v. Superior Court (1978) 20 Cal. 3d 578 146 Cal.Rptr. 182 . 5. Plaintiff Dorothy Villman alleges that the particular acts or omissions of the CITY OF ANTIOCH and the COUNTY OF CONTRA COSTA, by and through their agents, servants, employees and independent contractors, so negligently and carelessly designed, constructed, owned, operated, controlled, maintained, repaired, and equipped Fitzuren Road at or near the creek overpass that accesses 911 to 917 Fitzuren Road and bridges the West Antioch Creek in the City of Antioch, California, such that the same was caused or allowed to be, and was, in a dangerous and defective condition for the users thereof, in that among other things: the section of roadway did not have a fence or barrier, the roadway surface and abutting land thereto was uneven and constituted a tripping hazard and the lighting was insufficient. Other conditions as yet unknown may have contributed to the dangerous and defective character of said public property and claimants will pray leave to assert the same as they become known. 2 dell Plaintiff Dorothy Villman alleges that by reason of the foregoing, said public property was in a dangerous and defective condition, creating a substantial risk of harm to persons using same with due care in a manner in which it was reasonably foreseeable said public property would be used; that said public entities were further negligent and careless in that, by and through their agents, servants, employees and independent contractors, knew or in the exercise of ordinary care should have known, of the dangerous condition of said public property, and of the risk of injury created thereby, and nevertheless failed to provide adequate and sufficient warning of the hazard, and failed to remedy said condition, although having a reasonable opportunity to do so. As a direct and proximate result of the negligence and carelessness of said public entities, and the dangerous and defective condition of public property as alleged by plaintiff Dorothy Villman, as aforesaid, claimants have been sued as described above. 6. Despite defective service of the Complaint for Damages on defendant/claimant, CHARLES JOHNSON, an Answer to the complaint for damages by defendant/claimant, CHARLES JOHNSON was filed on March 11, 1996. 7 . The identities of the public employees or officers causing claimant's damages are unknown at this time. S. The amount of claimant's damages cannot be determined until the above civil action is completed. 9. Claimant's claim as of this date is for indemnity, contribution, attorneys' fees, and costs of defending the above civil action. DATED: March 19, 1996 STRICKLAND & HAAPALA L By W2 William R. Strickland, Esq. Attorneys for Claimant, CHARLES JOHNSON 3 03/07/96 10:16 Mal-07-96 10:09A P.02 1 Law Office of William J. DUllea RECEIVED 3447 Mt. Diablo Boulevard 2 Lafayette, California 94549 (510) 283-9094 APR 2 41995 31 CITY C-;: ANTIOCH Attorney for the Claimant Dorothy Villman CITY CLERK CH 5 6 7 91 DOROTHY VILLMAN, CLAIM AGAINST A PUBLIC ENTITY Claimant, 10 VS. 11 CITY OF ANTIOCH, 12 Respondent. 13 14 1. The address of Claimant is as follows; 3185 Contra Loma 15 Boulevard, #126, Antioch, California. 16 2. The address to which the Claimant desires notice of this 17 claim to be sent is as follows: William J. Dullea, 3447 Mt. Diablo 18 Boulevard, Lafayette, CA 94549. 191 3. On November 2, 1994, Claimant reQelved personal injuries 20 under the following circumstances,, Claimant was leaving the home 21 of her granddaughter on Fitzuren Road In Antioch, California. I 22 While wacr lking across the eek overpass that accesses 1911 to 1917 1 23 Fitzuren Road (sometimes reported as 911 to 917 Fitzuren Road) and 24 bridges the West Antioch Creek, she tripped and fell into the creek 25 bad. it is alleged Respondent allowed a dangerous condition of 26 public property to exist by, among other things, falling to 27 construct a fence or barrier on the overpass, in constructing and 28 EXHIMT 03/07/96 10:16 Mar-07-96 10:09A P.03 I failing to remove a tripping hazard, and in failing to adequately 2 light the area. It isl further alleged that this dangerous 31 condition of public properwas the proximate cause of Claimant' s 4 injuries. 5 4. Claimant injuredl er right ankle, knees, and right hand. 6 Medical expenses are unknown at this time- 7 5. The name of the public employee(s) causing the injury is 8 unknown to Claimant at this time. 91 6. Jurisdiction of this claim would rest in the Superior 10 Court. 12 t Dated: L William J. Dullea, attorney for 13 Claimant Dorothy VIllman 14 is 16 17 is 19 20 21 22 23 24 25 26 27 28 2 _ F' _ 07 DFCw- 1 S—Ss r1C-1r4 2 2 _ c_t LAL•1 OFFICES F Ank ,.,TCnNF.Y Oil FiArY WITHCVT ; i f(. •C ANO A0CRE5S): .. TC :CNF: FOR C-OQRT USE ONLY Law nf.fice of William J'. 17u1 t.A:1 743421 34 ,17 Mt . Otablo Blvd , r •:� i'! l Lafayette , CA 94549 ( 510 ) 283-9094 Dfl ! I � ATTORNEYFOR(NAME): P'1air(&i1:f DOROTHY VILLMAN Insert name of court.Judicial aistrict or branch court.If any,and pojt alttce end airt�et address: !ir;� I;;l'� j; Contra Costa County Superior Court 1020 Ward Street 'L .;• r��E�ti P .O. Box 91 1 �:'. .:�•rrrr N,artinez , CA 945`3 DOROTHY VILLMAN CITY OF ANTIOCH, CALIFORNIA; ALMA JOHNSON ; CHARLFE JOHNSON; MRS - SEABLEY; and C:]OCES I TO CASE NUMQCR: COMPLAINT—Personal injury, Property Damage, Wrongful Death 4 $ 1 = Z? r C]MOTOR VEH)ClE MOT1-iEA (spccily): Premises, Liability U 5 =Property Damage Q Wrongful Death (]Personal Injury Q} Other Damages (.ip+cl(y): �r•1• This pleading, Including attachments and exhibits, consists of the following number of pages: 4 2. a, Each plaintift named ahovc is :l competent adult C] Except plaintiff(name): PER LOCALALE 5 THIS Q a corporation quallfled to do business In California CASE IS AS IGNED TO = an unincorporated entity (de►serfbe): DEPT [=a public entity (describe): C]a minor Q j an adult C::) for whore a guardian or conservator of the estate er a guardian 2d litem has been appointed C] Other(Speclfy): . ,r C2 other(specify): ` �] Except plaintiff (name): =a corporation qualified to do busine:z in California C]an unincorporated entity(doscrlbe): [tea public entity(describe): Da minor =an adult C=) for whom a guardian or conservator of the estate or a guurdian ad iltorn has been appointed Q othoe(spgcl/y): []othCr(sp9cify): b. = Plaintiff(Larne): is doing bu5ir-ers under the fiGtiticus name of(:poerfy): and has comolled with the fic!i,,ions bu unc:'r name law9. {ntvrmaticn about additional f:iaintttis who Orb not cvmpvtont adults lz shown in Complaint— XHIBIT. 2 /i A L.J nf=f-- I CES P C-1 0,/7 .[SHORT TITLE: CAIF-NUMBER: VII,LZMANI v CITY OF A-M-YDN.-H, CALIFORNIA COMPLAINT—personal Injury, property Damage,, Wrongful Death P400 two 3. a. Each deforidant wanted above is a natural person CD Except defendant(name): CJ r:xc*pl defendant(narrip): CITY OF ANTIOCH, CALIFURNTA a ovsinosn organization, form unknown Q a business organization, form unknown Cj it corporation a corporation an unincorporated entity(describe): an unincorporated entity(dozcribo). 2public entity(describe): City _J a vublic entity(Io Scribe): other(specify): Q other(specify): Except deftiind,.int(name): E3 Except deferid--�nt (ndrne). : ousiness organ(zutiori, form unknow* n Q a business organization, form unknown a corporation =a corporation an unincorporated entity(describe)- Q in unincorporatod entity(describe): a public entity (cr65vibe) Qj a public entity(duscribo): Other(specify): other (5pocity): 0. The true names and capacitics, of defendant-, sued as Do<,,, are unknown to plalotiff. c. Q InformAtIon about additional defen4ants who are not natural persons is contained in Complaint- Attachment 3c. d. Q Dclortdant!i who are iqinad Pursuant to Code of Civil Procedure fiection are(names): 4, Plaintiff ix required to comply with a ciAims statute, afid, a. Plaintiff has complied with aoplirable claims Vati.ites, or b. Q Plaintiff is excused from complylr)g because(sp6cify): 5. This Court is the proper court because M at least ane deforidant now resides in lts jurisdictional area. C_-J the principal place of business of a corporation or unincorporated i3v-so6alion Is In Its Jurisdictional arca. [Z1 Injury to person or damage to personal property occurred In its jurlsd;ctional area, D other(sgecity): G. MY The following parn,;r�pi,ii of thio, complaint are Allootsd an information en_ itilef(specify pq(,1g(al)h numbers): 8 , 10, PL-1 PL-2 and PL-4 'CIE f: 5 r-1 C:I 1--4 0E-F= I C F.S F- SHOAT T1 rLf:, CASE o4Uu*ER VILLMAN v. 01-' AUTIOCH, CA1,1FORNIA COMPLAINT—Parsonal Injury, Proporty Damage. Wrongful Death (Continued) pice 7. � The darn a g c,/Iclairned for wrongful death -.ind the re;jtiofinhips of plaintiff to the d"ceasod are listed !n Complaint-Attachment 7 (was follown: 8 Pla:r.#,if4 has sufforp(l M, wage loss C3 10" Of use Of property L-Kj hosoital and medical oxpenuvs M general damage L-3 orQoe(ly damage i (2D loss of earning capacity F-j ithor damage (41DO61y): 9. Rv.l:Lf SOUk)h1 in 11115 COMPI'lint is Wt#,nin the pjrr5�ictlon of t,,)i:) court. 10 P(,AlN'rlFF PRAYS Jnr lud9mont for costs of rui.1: for ,tach rtllirt as i�fair.jurc, aria ecluttabf.,-: and for CX1 compensatory damages CM(Superior Cmurt) according to proof Gj (Municipal and JLJ3fte Court) in the amount Of other(specify): 11, The following cau3czi of action Oro zjtt;At:hod anrl thd 5talwtyi4wt,, zthove apply to each: (�;+Cn complaint must have one or more CRU,10S of Action UrfActled'.) Motor Vohicle O General Nogligence Intentional 'fort Products Liability Promises Liability ottlor(Spociry): j 11 J am J U I (Tyr)4 i),t-w (-,";gnitvfa Of pla.mW1 Mr Aft-Vtloy) -1 I=T:V T CE ;H CRT TITLE: CASE NUU"Ft: VILLMAN v OF ANT'A'.:.'Crf , CAL.IFORNIA � CAUSE OF ACTION—Pm-miles UabOlty pgg*_4 (numt-#o Al TACHMENT TO M Complaint L7 Crou.;�Coniplaim (USSO a separate cau5v ul action feirtri for cacti vjvsno of action.) Proin.L-1. Plaintitf(nairq): DOROTHY VIUMAN allagos the acts of dotondtint-i ware the legal (proximate)cause of dama(leS to plaintiff. On (data): November 2, 1994 , plaintiff was Injured on the following premises In the following hohlon (doscfiprion o1prom;.ses and cirfurn::tances at injury); Plaintiff wsts leaving the home of her granddaughter on Fitzuren Road in Antioch, California . While walking across, the creek overpass that accesses 1911 to 1917 Fitzuren Road ( sometimes reported as 911 to 917 Fitzuren Road) and bridges the West Antioch Creek , she fell into the creek bed. Prom.(_-2. M Count ano—Negligence The de!ehdanti who oeqliqRntly owriod, maintzined. manzigod and operated tho described preml-'a.4t were (names): CITY OF ANTIOCH, CALIFORNIA; ALMA JOHNSON; CHARLES JQFNSON ; MRS . BEASLEY and M Does L__.. to –—10L.— Pr-em.L-3, Count Two—Willful Frifluro to Waris (Civil Code %;t>ction 846) Tho defendant owners who willfully or maliciously failod to guard or warn igallnst ;h dangerous condition. use., structure, or activity ware (names)' CD Does to Plaintiff, -i recreational user, was =an invited quest C�a paying gut M. Prom.L-4., Count Thcoo--Dangcnuu-zi Condition of Public Property Thp- cjefetldantv wtio owned public orapPrty on Which a dangirous condition exlvted wore(names): CITY OF ANTIOCH, CALIFORNIA; ALMA JOHNSON; CHAJ.?LFS JOHNSON; MRS . BEASLEY and M 000.5 1._--__..to—1.0-- a. XJ Tho defendant putplic entity had Mactual r7constructiva notice of the existence of the dangtrous condltlonin3ufficlent time prior to the injury to have corrected It. ari t public entity. b, X) The condition was created by amployf)i;m of the defend� a. Alleqntlon3 about Other Defendants Tho defendants who were the agents and employees of tho other defendants and acted within the scope of the agency warn (names): ED 0005----to The defendants who aro Ilab;9 to plaintiffs forrther reasuns and tho relSori--t tcj,, their liability are dtscrlbod in attachment Pr'ern,L-5,t} W: follows(rtarr?0-5): � o SO o 2 : O ce) " u •r� o ` U O to EA o 044 U 4. 2 y r � O N O 2 7 Q tll � �` r4 m tt qac U i � 4 oa v 0 SL 4 Q QZ � o RECEIVED C.t) WR 2 o i9�6 STRICKLAND 8 HAAPALA ATTORNEYS AT LAW WILLIAM R. STRICKLAND OF SUPERVISORS NTRA COSTA CO. JOHN E. HAAPALA PARK PLAZA BUILDING HONE CHRISTOPHER M. HARNETT 1939 HARRISON STREET, SUITE 800 (510)763-2324 CHARLES J. MAGUIRE,JR. CLYDE A.THOMPSON OAKLAND, CALIFORNIA 94612-3527 FAX JUDITH B. ALTURA (510)273-8534 SETH J. SCHWARTZ STEVEN SHERIFF ABERN BARBARA L. MILLER March 18 , 1996 COUNTY OF CONTRA COSTA Board of Supervisors Attn: Shirley 651 Pine Street, Room 106 Martinez, CA 94553 Re: Claim for Equitable Indemnity and Contribution by CHARLES JOHNSON Dear Shirley: This will confirm the advice by you, that your office is the correct location for the filing of a government tort claim against the County of Contra Costa. We are, accordingly, enclosing such a claim made on behalf of our client CHARLES JOHNSON. Please return the enclosed copy, stamped with the date received in the envelope provided herewith. Thank you. Very truly yours, STRICKLAND HAAPALA Barbara L. Miller BLM: ' • ` CONTRA COSTA COUNTY { To DATE Dae � f FROM . SUBJECT&-AA` { | { , ! . \ • § . { . $ � ( { / } } SIGNED PLEASE REPLY HERE To . . . . . DATE . | . ! \ / � [ - . f � < . ! . . } \ . I"E . { INSTRUCTIONS FILL IN TOP PORTION, REMOVE DUPLICATE ALLO M AND FORWARD REMAINING PARTS.TORE *FILL IN LOWER PORTION,RETAIN TRIPLICATE(PINK)AND REaNOtQmE FO_me { RECEIVE STRICKLAND 8 HAAPALA AM 17 1996 ATTORNEYS AT LAW WILLIAM R. STRICKLAND JOHN E. HAAPALA PARK PLAZA BUILDING CLERK BOARD CHRISTOPHER M. HARNETT 1939 HARRISON STREET, SUITE 800 CONTRA CHARLES J. MAGUIRE,JR, CLYDE A.THOMPSON OAKLAND, CALIFORNIA 94612-3527 FAX JUDITH B.ALTURA (510)273-8534 SETH J. SCHWARTZ STEVEN SHERIFF ABERN BARBARA L. MILLER S April 16, 1996 COUNTY OF CONTRA COSTA Board of Supervisors 651 Pine Street, Room 106 Martinez, CA 94553 Julie Aumock Liability Claims Adjuster Risk Management - County of Contra Costa 651 Pine Street, 6th Floor Martinez, CA 94553 Re: Claim for Equitable Indemnity and Contribution by CHARLES JOHNSON Dear Ladies and Gentlemen: Claimant, Charles Johnson, hereby withdraws the Claim for Express and Implied Indemnity and Indemnity and Contribution which was delivered to the Clerk of the Board of Supervisors for the County of Contra Costa on March 20, 1996 and was rejected by the County Board of Supervisors on April 2 , 1996. Very truly yours, STRICKLAND & HAAPALA Barbara L. Miller W2 William R. Strickland BLB:WRS . err 0 (o ;K r I Z D 'D D 0 rzrzz N m C7 Z A m Lo m i DmO � -x p N D..Y dl C z f r J Q O ON to 0) Ln 0 0 nNac rt nz - �•roay - (DZ0 N m M O CO U! n Irt C 0 _ > nb O _ cu (Dz �oftC H ob cTt :d O 0 w 0 0 N y !14,y 4 � 0..f? CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA April 2, 1996 Clain 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 tol '�� Amount: Unknown Section 913 and 915.4. Please note all arnings". UVJ CLAIMANT: Wayne Bryson and Joann Foley MAR 1 8 1996 COUNTY COUNSEL ATTORNEY: Janice E Bressler MARTINEZ CALIF. Date received ADDRESS: 2280 Union Street BY DELIVERY TO CLERK ON March 18, 1996 San Francisco, CA 94123 BY MAIL POSTMARKED: Hand Delivered via: Risk_Mt Pm _ 0 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: March 18 1996 PpHHIL BATCHELOR, Clerk , 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: 3 ( �} "`� u BY: Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present (J ) This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated:��,L;Q_ , 199 PHIL BATCHELOR, Clerk, By �p0 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: � -?9 BY: PHIL BATCHELOR by Deputy Clerk _1 l/ CC: County Counsel County Administrator OFFICE OF COUNTY COUNSEL DEPUTIES: 1: CONTRA COSTA COUNTY PHILLIP S. ALTHOFF SHARON L. ANDERSON BRANDON D. BAUM COUNTY ADMINISTRATION BUILDING ANDREA W. CASSIDY P.O. BOX 69 - VICKIE L. DAWES MARKE S. ESTIS MARTINEZ, CALIFORNIA MICHAEL D. FARR 94553-0116 LILLIAN T. FUJII VICTOR J. WESTMAN DENNIS C. GRAVES COUNTY COUNSEL TELEPHONE (510) 335-1837 GREGORY C. HARVEY FAX (510) 646-1078 KEVIN T. KERR SILVANO B. MARCHESI EDWARD V. LANE, JR. ARTHUR W. WALENTA, JR. MARY ANN M. MASON ASSISTANTS March 19 , 1996 PAUL R. MUNIZ VALERIE J. RANCHE DAVID F. SCHMIDT DIANA J. SILVER VICTORIA T. WILLIAMS NOTICE OF INSUFFICIENCY AND/OR NON-ACCEPTANCE OF CLAIM TO: Janice E. Bressler 2280 Union Street San Francisco, CA 94123 RE: CLAIM OF: Wayne Bryson and Joann Foley Please Take Notice as Follows : The claim you presented against the County of Contra Costa or District governed by the Board of Supervisors fails to comply substantially with the requirements of California Government Code Section 910 and 910.2 , or is otherwise insufficient for the reasons checked below: [] 1 . The claim fails to state the name and post office address of the claimant. [] 2 . The claim fails to state the post office address to which the person presenting the claim desires notices to be sent. [X] 3 . The claim fails to state the date, place or other circumstances of the occurrence or transaction which gave rise to the claim asserted. [X] 4 . The claim fails to state the name (s) of the public employee (s) causing the injury, damage, or loss, ifknown. [X] 5 . The claim fails to state whether the amount claimed exceeds ten thousand dollars ($10, 000) . If the claim totals less than ten thousand dollars ($10, 000) , the claim fails to state the c .�� amount claimed as of the date of presentation, the estimated i amount of any prospective injury, damage or loss so far as known, or the basis of computation of the amount claimed. If the amount claimed exceeds ten thousand dollars ($10, 000) , the claim fails to state whether jurisdiction over the claim would rest in municipal or superior court. [] 6 . The claim is not signed by the claimant or by some person on is behalf . [X] 7 . Other: Please specify the date of accrual of the claim. VICTOR J. WESTMAN, County Counsel By: Del5uty County Counsel CERTIFICATE OF SERVICE BY MAIL (C.C.P. §§ 1012, 1013a, 2015.5; Evidence Code §§ 641, 664) I declare that my business address is the County Counsel's Office of Contra Costa County, 651 Pine Street, Martinez, California 94553; I am a citizen of the United States, over 18 years of age, employed in Contra Costa County, and not a party to this action. I served a true copy of this Notice of Insufficiency and/or Non- acceptance of Claim by placing it in an envelope addressed as shown above, sealed and postage fully prepaid thereon, and thereafter was, deposited this day in the U.S. Mail at Martinez, California. I certify under penalty of perjury that the foregoing is true and correct. Dated: March %J , 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) TRUMP, ALIOTO, TRUMP & PRESCOTT MAR 1 1 ATTORNEYS AT LAW Sj 2280 UNION STREET FREMONT4 WIrTz L SAN FRANCISCO,CALIFORNIA 94123 39300 CIVIC CENT (415)563-7200 FREMONT,CALIFORNIA 94538 (510)790-0900 TELEFAX(415)346-0679 March 11, 1996 TELEFAX(510)790-4856 PLEASE REPLY TO: Sari Francisco VIA HAND DELIVERY County Counsel 651 Pine Street, 9th F1. Martinez, California 94553 �u W , W 1 806 � Re: 865 Richard Lane Danville, California CLERK BOARD OF SU ERVISORS CONTRA COSTA CO. Dear Mr. Sir or Madam: Please be advised that I represent Wayne Bryson and Joann Foley, owners of the house at the above-referenced address. I am writing to demand your immediate assistance with regard to devastating losses Wayne and Joann have suffered, and are continuing to suffer, as a result of the serious landslide damages that have occurred to their home at 865 Richard Lane. The home is only seven years old, ' and was purchased by my clients in 1993 . In early February of this year, serious structural and foundation damages occurred as a result of significant earth movement under the home. Wayne and Joann were forced to evacuate their home on an emergency basis, empty its entire contents, put their belongings into storage, and find alternative housing. The hillside remains unstable and, with each day. and Joann have bee', for.--Pd to invest si_rTn?ficant resources into merely maintaining the status quo and preventing further structural damage to the home and lot. Despite these efforts, the house is continuing to slide. My clients have already exhausted their resources on the efforts needed to mitigate their damages to date, and to protect their own personal property and bodily safety. The facts surrounding this event, as well as the review of the site and relevant records by several experts, have made clear that the County's negligence in installing and maintaining a storm drain that runs along the base of the subject property is a potentially significant cause of my client's losses. Immediate attention to this problem is essential. Wayne and Joann have taken every available effort to prevent even further C . 1? TRUMP, ALIOTO, TRUMP & PRESCOTT County Counsel March 11, 1996 Page 2 structural damage to the home. The hillside is, however, continuing to slide, and substantial remedial efforts are essential if the house is to be saved. Accordingly, we look to the County, its insurance carrier, and those of its agents, to assist Wayne and Joann in this matter. We would strongly prefer to resolve this matter with the County. and its carriers privately without resort to litigation. However, . because of the emergency nature of the problem, your immediate response hereto is essei-atif litigation is to be avoided. Please contact your insurance carriers immediately, and respond to the undersigned no later than March 18, 1996, so that we might arrange a meeting to discuss this matter further. Again, we would like to attempt to resolve this matter privately; however, time is of the essence and your timely response hereto is essential. Very truly yours, TRUMP, ALIOTO, TRUMP & PRESCOTT ICE E. BRESSLER JEB/pb cc: Wayne Bryson Joann Foley Paul Roy Gayle Bishop b:\rich0308.It2 VICTOR J. WESTMAN " CONTRA COSTA COUNTY COUNSEL • TO P.O. BOX 69, CO. ADMIN. BLDG., 4 MARTINEZ, CA 94553 DATE �� SUBJECT ` ce,, I CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA APRIL 2, 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 all CLAIMANT: JUANITA ENEA MAR 12 1996 ATTORNEY: JON WEBSTER COUNTY COUNSEL 3478 BUSKIRK AVE. , STE. 1000 Date received MARTINEZ CALIF. ADDRESS: PLEASANT CA 94523 BY DELIVERY TO CLERK ON MARCH 11. 1996 BY MAIL POSTMARKED: HAND DELIVERED I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PpHHIL BATCHELOR, Clerk DATED: MARCH 12, 1996 Bl : 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: ��y — �C BY: Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: /`}9(o PHIL BATCHELOR, Clerk, 8y 1 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 warnina 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: /9 q(� BY: PHIL BATCHELOR by eputy Clerk CC: County Counsel County Administrator r x . 17 Clairto.: BOARD OF SJPERVISORS OF CONTRA COSTA (JOUNTY INSTRUCTIONS TO CLAD?4ANT 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.) H. 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-- R£: Claim By ) Reserved for Clerk's filing stamp Juanita Enea j VE RECEI ® - ) 11G G Y G Against the County of Contra Costa or ) District) CLERK 86WO OF SUPERVISORS Fill in namee ) uM COSTA CO' The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ in excess of $10.000.;Pd in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact date and hour) On September 11, 1995, Mrs. Enea was tripped by a defective (torn) floor mat on Ihe outside, main 'courthouse en T he _column. 2. Where did the damage or injury occur? (Include city and county). Martinez, California 3. How did the damage or injury occur? (Give full details; use extra paper if required) See Answer to Question 1. 4. What particular act or omission on the part of county or district officers, se.^vants or employees caused the injury or damage? Failure to inspect for defective conditions, failure to maintain premises in a a safe condition, negligence in correcting the defective condition. C , 17 5. wnaL.,are tne names of counry or district officers, servants or employees causing the -da::�age or injury? Unknown. 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. Immediate pain to right knee, left arm and sho* ulders. That evening pain radiating down right arm from neck and shoulders. Chronic _I!ain since date of injury. 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) Current medical expenses to date: $1529.67 No loss of income claim. Future medical expenses yet to be determined. Pain and suffering yet to be determined. 8. Names and addresses of witnesses, doctors and hospitals. Unknown witnesses to injury, identity yet to be determined. (Contra Costa County Incident Report completed at time of incident) Dr. Michael D. Kassels D.O. Concord, CA (510) 687-6111 Dr. Ronald Millikan Concord, CA (510) 689-9949 9. List the expenditures you made on account of this accident or injury: DATE. MY. AMOM Claimant will provide-,t��e- --,;X!L'a�once these are provided to plaintiff's counsel from practitioners. ;counsel'A�' " has requested same from claimant's insurance carrier and anticipates these be available before April 1, 1996. wl 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 -.01D Jon Webster 2 Law Office of Jon Webster 61 (Claimant's Signature) 3478 Buskirk Avenue, Ste 100C Pleasant Hill, CA 94523 4059 Wilson Lane (Address) Concord`CA 94521- Telephone No. X510 686-8790 Telephone No. 9 Ir i T I T V V V V 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 and fine. CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA *' April 2, 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: $200,000.00 Section 913 and 915.4. Please note all 1-w CLAIMANT: Kathleen Brunck ATTORNEY: Robert J. Orduna MAR 18 1996 Date received COUNTY COUNSEL ADDRESS: 1104 Buchanan Rd. , Ste. B-1 BY DELIVERY TO CLERK ON March 15, -_l# VTINEZ CALIF. Antioch, CA 94509 BY MAIL POSTMARKED: March-18, 1996 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. BdPP IL BATCHELOR, Clerk , DATED: March 18, 1996 : 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: 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: �_ 9 9� PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov, code section 913) Subject to certain exceptions, you have only six- (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For additional warnina 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: �.. P � �f9 BY: PHIL BATCHELOR by .&JDeputy Clerk CC: County Counsel County Administrator CLAIM AGAINST THE COUNTY OF CONTRA COSTA ITS AGENTS AND EMPLOYEES KATHLEEN BRUNCK presents a claim for damages against the COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, and its agents and employees. `C _ ADDRESS OF CLAIMANT: 4072 WOODHILL DRIVE RECEI`'VED OAKLEY, CA 94561 (^` ADDRESS TO WHICH NOTICES ARE TO BE SENT: I KATHLEEN BRUNCK D OF SUPERVISORS c/o ROBERT J. ORDUNA, ESQ. COSTA CO. 1104 Buchanan Road, Suite B-1 Antioch, CA 94509 DATE, PLACE AND CIRCUMSTANCES OF OCCURRENCE: On or about October 5, 1995, while in the custody of the Contra Costa County Sheriff, Claimant suffered serious injuries to her body, including a broken arm, a badly bruised and swollen nose, and other bruises and lacerations to her body. The injuries resulted from the use of excessive force by numerous Sheriffs Deputies who without provocation nor any other reason assaulted and battered Claimant. Claimant who had never been arrested previously, nor in any other previous trouble,was unfamiliar with the legal enforcement system and was unable to protect herself from the unnecessary and excessive force used by numerous Deputy Sheriffs resulting in the serious injuries to Claimant. The Claimant who is approximately five feet four inches (5'4") and weighs approximately one hundred forty pounds (140 lb.), without any reason or justification, was wrestled to the ground and manhandled by approximately three to four Sheriffs Deputies. The Claimant never posed a threat to any officer nor provoked the attack by these officers. Even after causing these injuries upon the Claimant, the Claimant was not given immediate medical treatment. The Claimant was forced to remain in an isolation cell for approximately six hours and during this time forced to remain face down on the floor. She was subsequently placed in another holding cell for approximately eighteen hours before she was given medical treatment. All Deputy Officer's involved in this incident did so intentionally with the purpose of injuring Claimant and afterwards laughed at this incident as it were a big joke to them. The actions by these Deputy Officer's not only were excessive and extreme but also violated the Civil Rights of Claimant. a.' 6117 PARTIES RESPONSIBLE: CONTRA COSTA COUNTY CONTRA COSTA COUNTY SHERIFF'S DEPARTMENT SHERIFF WARREN RUPF UNKNOWN DEPUTY/BADGE NO. UNKNOWN DEPUTY/BADGE NO. UNKNOWN DEPUTY/BADGE NO. AMOUNT OF CLAIM: $200,000.00 GENERAL DESCRIPTION OF INJURIES & BASIS OF COMPUTATION OF DAMAGES: The Claimant sustained the following injuries: A broken arm, a badly bruised and swollen nose, sciatica in the left leg, and nerve damage,which results in the Claimants feet becoming numb for hours at a time. Further, Claimant is now experiencing back problems and continues to have severe pain in her right arm. Damages for Claimant are computed on the basis of medical costs, past, present, and future; as well as what it would cost to adequately compensate her for the intentional and/or negligent misconduct of the members of the CONTRA COSTA COUNTY SHERIFF'S DEPARTMENT and other agents and employees of CONTRA COSTA COUNTY, Dated: March 11 , 1996 THLEEN BRUNCK, Claimant Dated: March ll , 1996 /2�r � R BERT J. ORD A,Attorney for Claimant KATHL EN BRUNCK CLAIM Oil BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA April 2, 1996 Claim'Againsf 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: $100,000.00 Section 913 and 915.4. Please note all CLAIMANT: Denise Russell MAR 2 2 1996 ATTORNEY: Date received MART MATY RTINEZ ADDRESS: 38—B Broadway BY DELIVERY TO CLERK ON March 21, 1996 Bay Point CA 94565 BY MAIL POSTMARKED: via: California Overnight Mail 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. r PHIL BATCHELOR, Clerk DATED: March 22, 1996 611: Deputy 1I. FROM: County Counsel TO: Clerk of the Board of Supervisors (-T 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: � '" ZZ- ( uG BY7:1 � Deputy County Counsel I11. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present (w/) 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: ,,,fl, Z PHIL BATCHELOR, Clerk, BDeputy 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 warnina 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 claim -to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY IN7RUCfIONS TO CLAIMANT 0- 47 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, 19889 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 thar. the County, the rime of the District should be f{]l.ed 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 fo e � aee � eeeaeoeeeenaea� aeeeeaeseeeeae � aaa � eeae RE: Claim By �) Rase ved for Clerk's filing stamp GAgainst the unty of Contra Costa TI!EfCEIVED Or ) BOARD OF SUPERVIgr)RF' CONTRA COSTA C�. District) QF_11b1 in name ) The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ 10 n, (' r)n and in support of this claim represents as follows: 1. When did the damage or inj occur? (Give exact date and hour) Se.p+embe t` a7� 199 ov - .ap am 2. There did the damage or injury occur? (Include city and county) Gontord Can+ro� Cosmo Cove+vl 3. Bow did ,the damage or injury occur? , (Give full details, use extra paper if required) l.os+-- c m LJo� CJUC +o haVIC155 e n t �ronn Joe, 8rtono 0� Pro)Oa47oO Qr-d Mole+zon o-F 4di ��c�me,�m�� from Cac� f�ze v o� �robo ion �� uf�la� 4. What particular act or omission On the part of county or district officers, servants or employees caused the injury or ? , : HQrq s_<.'m e n•#- a rJ 41 of ot-V t on . 0► _' �h a me�}rnen-f- bgsecd on LisSump#-1 or ) qnj S+er�00i_Ypr_ +hf- area r ve L n ., f}1 so 4ress re 4eacht n5 nn S. Cr'J m-es W i I I pui- int rn I rl JQ► 1 Y)o+ me (over) Qersoy-lal hw o�ss nnertt: 5. What are the names of county or district officers, servants or employees causing ` the damage or injury? :37O Garq R40vedo C '� 6. What damage or injuries do you claim resulted? (Give full extent of injuries or es claimed. Attach two estimates for auto damage. d" r�sS, crnsec-or4y and �mQnCIQ( hgrdShip- 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) 02?,00 0 -Fpr l'os+- 05P e A\Op Ou Meint 11000 '-Fpr kirin`g Q lawyer- -}-o prove MgS*-44 f 7a, dao -For S+rec4 Art! i neo l ha rtes h 2 f B. blames and addresgPs �f .:.,,�.t a3<.,r es, Doctors and hospitals. (Dr: TdKe. l-UC� 1 I e %e- 3$-G N, 8raad w R.1J ., 60-kl P®r n f' a-� Gladsbi ShAror� Z �rnmer-m4 �{� IU• �rt�cx wct�� c, Poen-f- Dc►`� � Prt+bbv: go bbie H ICKS a 5 P(�G1-Fl lgct- RYA ) C3aa l �Po n �- 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT 9-,27-9>5- 1~rn poo yme )t' a7,c000 Y f 9'- 4-95- L..czwyer' ?° ;1 14 00 10,31-9s 5fQ-,SS qr)j har em' : ,3 7a 000 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 Claimants Signature '-13 N: t'rcac1Lua y. lea Pn►n-F- R45& Address Telephone No. Telephone No.T 5/O 57 -v & eaeeeee as * # * * Go * 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 Oeriod 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 ($10,0009 or by both such imprisonment and fine. � 47 Probation Department Contra Gerald o Buck County Probation Officer Adult&Juvenile Divisions Costa 50 Douglas Drive,Suite 200 County Martinez,California 94553-4068 (510)313-4000 (510)313-4005 FAX ...... o / f To: Dater/ • tr+coii�'� C / From: J /, O Subject: hol-ve eHclor whl,!�ti ,--,a/ h>' ) e 7"o- pl'U til GC.F yo, /flet{vG-e&/ " S//7 69 we �� �S � rN�16e w ee,-16 l 60 L � need have Y,95611&y- yQ t/ G�n �7 .,-r Cv ry li cam, ex w� cvo 1,;) C, Me as r�aN -A1 f` pl e- 0.1-n 14,0 V k 0 vT G le L does no� wh111 yo UV Jo . Probation Department Contra Gerald S. Buck County Probation Officer Adult&Juvenile Divisions Costa 50 Douglas Drive,Suite 200 County Martinez,California 94553-4068 (510)313-4000 (510)313-4005 FAX =:?c t I11 TO: DENISE RUSSELL DATE : 10/6/95 FROM: JOE BRISENO \ SUBJECT: NEW CONNECTIONS DEPUTY PROBATI :: OFFICE:% PROGRAM AT THE AMBROSE COMMUNITY CENTER I HAVE RECENTLY LEARNED THAT THE NEW CONNECTIONS PROGRAM IS NOW OFFERING ALCOHOL ASSESSMENTS AND OTHER TREATMENT RELATED INFORMATION AT THE AMBROSE COMMUNITY CENTER IN BAY POINT. AN APPOINTMENT HAS BEEN SCHEDULED FOR YOU TO BE INTERVIEWED BY A COUNSELOR ON THURSDAY, OCTOBER 12TH AT 6 : 00 P.M. IN THE RECREATION ROOM. FURTHER, THIS PROGRAM IS ABLE TO OFFER YOU THEIR SERVICES AT A REDUCED RATE . IF YOU HAVE ANY QUESTIONS ABOUT THIS APPOINTMENT, PLEASE CONTACT ME IMMEDIATELY AT 313-4101 . THANK YOU. OCTOBER 6 , 1995 6 X17 CCC PROBATION DEPT . 50 DOUGLAS DRIVE STE . 201 MARTINEZ , CA 94553 ATTN : JOE BUCK DEAR MR . BUCK : I AM WRITING THIS LETTER AS A COMPLAINT AGAINST TWO OF YOUR OFFICERS . ON SEPTEMBER 27 , 1995 , I WAS ASKED TO LEAVE MY PLACE OF EMPLOYMENT AFTER BEING QUESTIONED ABOUT AN ALCOHOL PROBLEM . ONE OF THE REASONS FOR THIS IS THAT JOE BRISENO REPEATEDLY PHONED ME AT MY PLACE OF EMPLOYMENT IDENTIFYING HIMSELF AS PROBATION AND QUESTIONING ME ON ALCOHOL ACCESSMENT TESTING . I HAVE BEEN IN THE FINANCIAL INDUSTRY FOR 17 YEARS AND AM VERY AWARE THAT ALL PHONE CONVERSATIONS ARE TAPE RECORDED . I ASKED Mid . BRISENO TO ALLOW ME TO RETURN HIS CALL DURING MY BREAK TO AVOID THIS PROBLEM . HE INSISTED ON CONVERSING WITH ME ONE DAY THE WEEK BEFORE AND ANOTHER REASON OTHER THAN CALLING FROM A PAY PHONE WAS THAT HE INTEP.UPTED MY MOST PEAK DEADLINES WHICH WERE NON STOP UNTIL 2 : 15 or 2 : 30 DEPENDING ON TRADING VOLUME . THIS WAS A NEW COMPANY WHO ARE IN THE MIDST OF REORGANIZATION AND AN UPCOMING AUDIT. SINCE THE TAPES ARE SCREENED ON A WEEKLY BASIS AND DURING AUDITS BY THE GOVERNMENTS AUDITORS , IT WAS SAFER FOR THE COMPANY AND A LOWER RISK COST TO ASK A NEW EMPLOYEE TO LEAVE DURING PROBATION RATHER THAN GET INVOLVED . THIS IS COMMON KNOW- LEDGE TO ME OBTAINED FROM PREVIOUS MANAGERIAL EXPERIENCE OTHER THAN KNOWING WALL STREET HAS NO UNION . I WAS ONLY EMPLOYED FOR 3 WEEKS AND WAS ON PROBATION AS AN OPERATIONS SPECIALIST BEING REVIEWED FOR MANAGEMENT CONTROL . I JUST WENT FROM $27 , 000 A YEAR TO APPLYING FOR AFDC . I WOULD THINK THE COUNTY WOULD PREFER ME TO CONTRIBUTE TO TAXES RATHER THAN USE THEM. DURING MY 17 YEARS , OF EMPLOYMENT I HAVE NEVER BEEN ASKED TO LEAVE ANY JOB AND HAS ALWAYS MAINTAINED STABLE EMPLOYMENT . THE REASON FOR MY UNEMPLOYMENT FOR THE PAST 6 MONTHS WAS DUE TO SABOTAGE . I FIND IT TOO COINCIDENTAL THAT JOE BRISENO WOULD CALL ME AGAIN ON SEPTEMBER 26 , 1995 AND ON THAT SAME DAY GARY AZEVEDO WOULD ENTER MY HOUSE AND ASK MY SON •TO SHOW HIM MY REFRIGERATOR ONCE AGAIN , WITHOUT AN ADULT PRESENT TO AUTHORIZE HIM . LEAVING WITH A STATEMENT THAT "YOU ' RE OKAY FOR NOW. " THIS WAS AFTER HE CHECKED THE OUTSIDE GARBAGE CONTAINER . DUE TO THE MANY THEFTS I HAVE EXPERIENCED IN THIS COUNTY MY HOUSE IS BEING WATCHED DURING MY ABSENCE SO THAT I CAN REMAIN EMPLOYED BY THE PEOPLE WHO HELPED ME FURNISH IT AGAIN. GARY ENTERING MY HOUSE WAS ALSO CONFIRMED BY JOE BRISENO TO MY LAWYER . THEN ON SEPTEMBER 27 ,1995 , I GET QUESTIONED BY MANAGEMENT ON ALCOHOL AFTER RECEIVING COMPLIMENTS FROM THEM SINCE MY FIRST WEEK AND ON A WEEKLY BASIS? PAGE 1 OF 2 e4 ( 2 ) I SHOULD NOT BE STARTING ALL OVER AGAIN. ALSO , SEPTEMBER 26 , 1995 IS THE DAY JOE BRISENO DECIDES TO SEND ME A COUNTY ALCOHOL REFERRAL IN WRITING WITH A NOTATION OF REDUCED RATES . NOT ON $27 , 000 A YEAR WITH MEDICAL COVERAGE THAT WOULD HAVE COVERED IT EFFECTIVE OCTOBER 1 , 1995 WHICH IS TEE ONLY THING I WAS WAITING FOR . THE FIRST NUMBER HE GAVE ME HE CALLED MF. ON THE JOB AND TOLD ME THEY MEET ON THURSDAY NIGHTS AT 6 : 30 AND ITS RIGHT IN PITTSBURG . I WOULD THINK CCC ' S CONCORD OFFICE WOULD BE MORE APPROPRIATE FOR MY PUBLIC TRANSPORTATION SITUATION SINCE I WORKED IN CONCORD . SINCE JOE BRISENO ' S REPORTS ARE CONFLICTING WITH OUR VERBAL CONVERSATIONS , I WILL REPORT IN WRITING TO HIM ON A WEEKLY BASIS AS HE EXPLAINED TO MY LAWYER , BECAUSE HE REFUSES TO RETURN MY CALLS WHEN I LEFT MESSAGES ON HIS VOICE MAIL AT MY MESSAGE PHONE NUMBER . WHY WAIT UNTIL I START WORKING TO PUBLICIZE MY PERSONAL BUSINESS? NOW THAT I HAVE MORE TIME AGAIN , BEGINNING OCTOBER 9 , 1995 , I WILL BE ATTENDING AN ALCOHOL ASSESSMENT PROGRAM NOT ONLY TO PROVE MYSELF TO THE COURT , BUT ALSO TO CLEAR MY RECORD ONCE AGAIN FOR CAREER PURPOSES . I WILL ALSO BE CONTINUING MY CAREER SEARCH AND FOCUSING ON MY SON MOST OF ALL . FOR ALL THE COMPLIMENTS STEVEN IS RECEIVING , HE HAD TO GET MOST OF HIS KNOWLEDGE FROM THE PERSON HE HAS BEEN WITH THE MOST . I DO NOT FIND THESE ACTIONS TO BE OF PEOPLE WHO ARE TRYING TO KEEP US TOGETHER AS A FAMILY . SINCERELY , AOIL�46'Ll-ll a DENISE RUSSELL CC : RICHARD HAWK ENCLOSURES OCTOBER 23 , 1995 CCC PROBATION DEPT. 50 DOUGLAS DRIVE STE . 200 MARTINEZ , CA 94553 DEAR MR . BRISENO : I WENT TO MY ASSESMENT MEETING ON THURSDAY OCTOBER 19 , 1995 . 1 WAS TOLD BY THE COUNSELOR AND THE OTHER ATTENDANTS THAT I DON ' T BELONG THERE . YOU HAVE TO HAVE AN ASSESMENT PROBLEM OF AT LEAST THREE YEARS . I AM NOT AN ALCOHOLIC . YOU SAID I WAS WITHOUT FACT. YOU ARE TRYING TO CONVINQE THE COURT THAT I HAVE A PROBLEM AND ARE TRYING TO BREAK UP MY FAMILY . YOU DON 'T HAVE A REASON TO DO THIS . I THINK YOU HAVE A PERSONAL PROBLEM. YOU ARE STEREOTYPING US AS A BLACK FAMILY . FOR YOU INFORMATION STEVEN AND I ARE MORE HISPANIC AND INDIAN THAN ANYTHING , WE JUST GREW UP IN A BLACK HERITAGE . OUR NATIONALITY SHOULD NOT MATTER FOR JUSTICE . jpo" THE COUNTY SAYS THAT THEY DON ' T THINK STEVEN IS SAFE WITH ME BECAUSE OF YOUR ACCUSATIONS , THEN WA DID THEY DELIVER HIM TO COURT THREE WEEKS LATER IN HAND CUFFS AND SHACKLES AT AGE 10 IF HE DID NOT DO ANYTHING WRONG? WHY WERE YOU GIVING EVERYONE THE IMPRESSION I TOOK STEVEN AND RAN AWAY . •YOU HAD THE NERVE TO PUT A WARRANT OUT ON US . I DON ' T RUN AWAY FROM MY PROBLEMS , I SOLVE THEM. IN COURT IT WAS MENTIONED THAT STEVEN GOT HIT BY A CAR IN THE STATE OF NEW JERSEY . WELL IT WAS STEVEN WHO PAID OVER $2 , 500 TO DEVELOP WRITTEN RULES AND REGULATIONS FOR, THE STATE OF NEW JERSEY FOR SIJPERVISING A PLAY AND RECREATIONAL AREA . I AM THE ONE WHO RAN AROUND FOR FOUR YEARS . I THINK YOU NEED TO STOP UNDERMINDING PEOPLE AND SCREEN THEM THOROUGHLY BE- FORE YOU JUDGE THEM . YOU HAVE ONE WEEK TO PROOVE YOURSELF TO THE COURT. I HAVE FAMILY AND WITNESSES AND PROOF OF EVERYTHING I DO BECAUSE I AM NOT A CRIMINAL. FIND YOURSELF ANOTHER GUINEA-PIG . SINCERELY, DENISE RUSSELL CC : GERALD BUCK RICHARD HAWK Probation DepartmentContra County S. Buck Probation Officer Administrative Offices Costa 50 Douglas Drive,Suite 201 County Martinez,California 94553-8500 ` (510)313-4180 (510)313-4191 FAX +('6'Sl' December 21 , 1995 Ms. Denise Russell 38-B N. Broadway Bay Point, CA 94553 Dear Ms . Russell: This is to inform you that we have investigated your letter of complaint of October 6 , 1995 and have concluded that the efforts by Mr. Briseno and Mr. Azevedo to supervise your son and to encourage you to comply with the Juvenile Court order for an alcohol assessment were appropriate. There was no violation of law, a written regulation, policy or procedure of the Probation Department or Contra Costa County. Sincerely, aine Jo�inson Probation Manager BJ:sa Russell.WP C oil DECEMBER 26 , 1995 CONTRA COSTA COUNTY PROBATION DEPARTMENT 50 DOUCLAS DRIVE STE . 201 MARTINEZ , CA 94553—I3500 ATTN : BLAINE JOHNSON DEAR HS . JOHNSON : IN REFERENCE TO YOU LETTER DATFF' I)FC'FMI3ER i 199; TO YOUR INVESTI ;AT'Tn\ OF JOE. 13RI`.)'EN0 `,`:D GAR`i .AVE"iE.DO , I DO NOT FEEL, IT 1•;AS A FAIR ONE . NO ONE MAS CONTACTED `-1Y 1•;IT— ,:ESS AS TO THEIR ACTIONS . NEVER—THE—LESS , YOUR OFFTCFRS DID VIOLATE 'T'IiF., 1,A1v' . 7GE HRISENO LIED AND PLAYED GAMES 'NT`1'H MY f,TFE FOR HIS CO','' ' Y POII7ER STRUGGLE . HE ALSO PLAYED HE!v?) GA?,iF,S WITH MF, A.^iD TIfF JUDGE . HE DID NOT FOLI.,OW INSTRUCTIONS AS TO A RANDOilf INSTEAD HE TRIED TO MANIPULATE MF. INTO JOINING A SO THAT HE CAT! SAY I ADMITTED TO A PROrL,EM . HE P.?.�: AR0 ?'":I: MY HOUSE LIKE A VISCOUS VIGILAN'I'I YELLING , i?ANGTNG , WHEN I WAS NOT AT HOSE . HE PUT A WARRANT OUT ON US I TOOK STEVEN AND RAN A',"TAY , BUT YET I-IF, T'.AS SELN PA:?KEL AC70 THE STREET SPYI!:G ON ME 11IT"F; 1. WAS HOME . 1,iIIFN HE ;:?GU(-HT THE SHERIFF TO MY HOUSE TO SERVL; TfiF WARRANT , T 1v�AS TC�L,D THAT HE C.�.?_1E RUNNING DOWN THE D^TVE1']AY C,TiCF S'I'EVE'\: MASS MURDERER OR SO'•fETHINC . SIF. H'�TD FIVE 1O'iTFIS TO THESE ARE NOT THE ACTIONS OF M OFFICER OF Tli:' ',i: . GODMOTHER TS A`: 0 F F I C F R OF THE LA: A`:D w. Tr:.Ac"iER ACADEMY AND YCIJ DON ' T VIOL-: TE THE. f,A:y TO :NF0RCF I GARY AZEVEDO VIOLATED THE FOURTH IIE H.:%. TO ENTER MY HOUSE WTTHOi:T AD`•JLT PERMTSS ION OR A ESPECIALLY Is NEN i:E liAS THE OPPOR'T'UNITY TO REOi:EST ?F:.., . . FROM STEVEN ' S RAPYSTTTER AFTER SPEAxTNG TC HF.R . F'VI-:RY TI'1F_ HE CAME TO '-fY HOUSE HE CIIARGc.D IN ';FFORF. RFCIFIVINC- :A'•: TO ENTER . TINE FTP—:,T TIME I MET HT.", HE CHAR';FD r^I T:i F. rA'71jn'-''— ETTE YELLING GARY AZEVDO PRORATION AS IF HE t•rAS TRY T� EMBARRASS ME SINCE WE MOVED TO THIS COUNTY STEVEN HAS WITNFF;7FD ?:OT 0',:[,Y THESE TWO OFF T�:ERS , 13UT TWO OTHERS ACTUAL LY CEUTF 'C":' :'ITE L= TOWARDS ME AND LET THE REAL CRIMTN,ALS GET AWAY I T":'H THE ':'_PT' ' COMMON SENSE 1,.'OULD TELL ME T HAT THIS ;v'OULD TF,CFI A Cl ILD i1:0 i TO RESPECT THE LAW, . I WOULD ALSO BELIEVE THAI ':'iiIS TO THE CONTINUENCE OF HIS PROBLEM . I AM 1•lORKI': TOO HAT<:D TO STOP HIS PROBLEM WITH THE, HELP OF A FF,1'1 GOOD PEOPLc TO KEEP GOING THROUGH HARRASSMENT AND DISCRIi`fINATIO"d TN ':'NIS CO[ 'T1' . PAGE l OF ( 2 ) C . 17 THERE ARE A LOT OF MONEY HUNGRY , MISERABLE PEOPLE IN TNTS COUNTY THAT WILL GO TO NO EXTREME TO GET WHAT THEY WANT EVEN IF IT MENT RETALIA`T'ING AGAINST A MINOR . I MOVED HERE HOPING STEVEN WOULD ADJUST TO A BETTER EDUCATIONAL AND NATURAL ENVIRONMENT , PUT T ;STEAD BECAUSE OF HIS PROBL1EN PEOPLE USED KS AS GUINEA-PIGS INSTEAD OF FOCUSING ON THERE: OWN PERSONAL, PROBLEM . NO ONDER THIS COUNTY HAS SO `SAN`r PEOPLE ON WELFARE AND DTSABILTTY , THEIR TOO }BUSY TRYING TO PLAY WITH SOMEONE, ELSE ' S HEAD . MY LIFE WAS CLEAN BEFORE I MOVED HERE AND I HAVE WALKED r',t'vAY FROM TOO MAN ,' UNNOTED ISSUES TO KEEP TT THAT KAY . NOW I FTEK I`1 HAS REACHED IT ' S EXTREME . SINCERELY , DENISE RUSSELL CC : SENATOR DIANNE FEINSTEIN C : CC : ,. srru �- h � ri #'e '� - i 4" "fir`.✓{ 4 J } �•J §.,R,} ' f`a';c a `+,""; � _ as ,"`a` -.nom -r { { six-`i`�Y� ,.a .................... +,�x •' .F � ,;� '� d -•'��� _ Y , ion" �'��".w"t RIM, co INN, x'si f t k a� CLAIM C 117 BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA April 2, 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: $173.00 Section 913 and 915.4. Please not X4g9+ ,T'3 CLAIMANT: Kari Maltzman MAR 19 1996 ATTORNEY: -= COUNTY COUNSEL Date received MARTINEZCAUF. ADDRESS: 1551 Boulevard Way BY DELIVERY TO CLERK ON March 19, 1996 Walnut Creek, CA 94595 BY MAIL POSTMARKED: March 15, 1996 via: Risk Mgmt. 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: March 19, 1996 PQHNIL BATCHELOR, Clerk BY: DeputyZf�lanXpr $ Y_L' II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( Le4� 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: 3 (,e Y: 1. Deputy County Counsel Ill. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present (✓) This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: fin,Q_ J J 99 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 ir 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 Bq'TCHELOR by� Deputy Clerk CC: County Counsel County Administrator C . Clair• to: BOAPM OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRU QNS TO CLAIMANT A. Clai:.s relating to causes of� act 'on for death or for injury to person or to per- sonal property or growing c 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 visors 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 nape 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. £. Fraud. See penalty for fraudulent claims, Penal. Code Sec. 72 at the end of this F�..� R£: Claim By ) Reserved for Clerk's filing stamp RENED \9S1 Against the County df Contra Costa_ ) 996 or ) VIA& District) CLERK BOARD OF SUPERVISORS COSTA CO. Fill in name ) CONTRA The undersigned claimant hereby makes claim against the County of Contra;Costa or the above-named District in the sum of $ Irl and in support of this claim represents as follo•,rs: 1. , When did the damage or injury occur? (Give exact date and hour) 1 2 3 ►�.- 2. Where did the d ge or injury occur? (Include city and county) - 4 UOIAU)� 0-04ca 3. How did the &Qge or injury occur? (Give full tails; use extra paper if required) bj=A�DU�VLO�LAVJI AN� aLJV(CAA U-04A M�- WhatftSCe 4. What particular met or omission on the part of county or district o _ricers, servants or employees caused the in ury or, damage? &m4k �� A C2401>: livq- cv—,y®S S t�t� c,,& +,Fl L,I v 1 7» what; are the names of cowntiv or district officers, servants or employees `causing `the da:age or In jun'? win 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.) 04 $. tames and addresses of witnesses, doctors d tors and hospitals. 9. List the expenditures you made on account of this accident or injury: !DATE MY; AMOUNT Y)3 23 Gov. Code Sec. 910:2 provides: `"The claim must be signed by the claimant SAID NOTICES TO: (Attorney) or by some n on his behalf." Name and Address of Attorney Claimant's Signature Address. Telephone No. Telephone No. N 0 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 samte if genuine, .any false or fraudulent claim, bill, account, °voucher. or writing, is punishable either by imprisonment in the county jail for a period of not more than one -year, by a fine of not exceeding .one thousand ($1,000), or ,by both such imprisonment -and fine, or by imprisonment in the state prison, by a fine of not •exceeding :ten thousand dollars ($10,000, or by both such imprisonm. it _and-fin-e. f cs�,taa ►� ���,v _S�vr��._. r Iti �-�.Q_w�ai�• once Ub.0 � K Z6 a __ ___- ;.c _-- �._----�-- ---� - _ c1�.,,.�. _ c, �.�� ani -I-k� 5 wti►�. c -Ll -�— . �-Sro) l� 1 17 Pacific Gas and Electric Company Diablo Division 1030 Detroit Avenue Concord,CA 94518-2487 February 21, 1996 Kari Maltzman 1551 Boulevard Way Walnut Creek, CA 94595 RE: Our Claim No. 96-01368 Date of Incident 1/23/96 Type of Loss Appliance Damage Dear Ms. Maltzman: Following my letter of January 30, 1996,this is to advise that my investigation has concluded and to inform you as to the results of that investigation. PG&E was notified of a car/pole accident near Boulevard Way and.Whyte Park Road in Walnut Creek, caused by a Contra Costa County vehicle striking our facilities. No electric utility is in a position to guarantee 100%continuity of electrical service. However,it is our practice to investigate claims of this nature in order to determine whether there was any negligence on the part of PG&E that may have caused or contributed to your loss. As this incident was not caused by any actions or negligence by PG&E, I must respectfully deny your claim. There are on file with the California Public Utilities Commission certain rules and regulations pertaining to services rendered by PG&E. These rules and regulations have been approved by the Commission and govern both this company and its customers. Rule 14E is applicable in this case and a copy is enclosed for your review. Simply stated,Rule 14E specifies that PG&E will exercise reasonable diligence to furnish a continuous and sufficient electric supply,but does not guarantee continuity or sufficiency of supply. If such diligence is exercised, PG&E is not liable for damages of the nature you describe. Again,the damage to your personal property,and ours,was caused by the driver of the vehicle that struck our pole. You may wish to contact your insurance carrier, or the carrier for the driver,to properly address your claim. PG&E will also be attempting to recover our damages in this case. Should you have any questions or wish to discuss this matter,please contact me at(5 10) 674-6525. Sincerely, ich 1�jy. l Claims Investigator MJT:sda enclosure 6117 `ALES CHECK ,..521; r 1 ?FO?4 ix.'15 96742 1 t{SIO y_ , 189.?9,, L�IIT! ." : 631202002 GutfoME,R PICK-UP SUBTOTAL 2, 5 . 99 TAS '1:x.:,0. NVf w 1 7;x. 1 9 TOTAL 173.19 NOVUS APPROVAL-NO. 60235720 YOUR TOTA4f 3O.R�O STORE01/23 6 ADDl2 _ : 3C12 7' N 1t` NT ti1D PLEASHN -: . CA 94523 1515 PLEASANT ,Hill, CA SAVE r cCt—!P*T FOR SERVICE, ADJUSTMENT OR REFUND.ND. NO CASH OVER $15 WITHOUT A RECEIPT. MUST BE RETURNED COMPLETE IN ORIGINAL CA61N. u« � A b�thee ias of C s atom pxeseh.� �o k'i~m•d rn aoa;nm' •'Yea,t,"n„ifl� 7�R V S�ka�t been _M _ with the option ���y.p-.dj _7`+�, 1�td _----- --�,anK You 37795-2X •�r CopY .._._. C Y 4t% a+�o p' C-5 , f t 01 CI- � Y t -