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MINUTES - 05071996 - C25
-�-- - - -/ --Pow- BOARD OF SUPERVISORS , CONTRA COSTA COUNTY , CALIFORNIA AFFIDAVIT OF MAILING In the Matter of Claim of ) Texaco Refining and Marketing, Inc. ) ) 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 Item C.25 from the May 7, 1996 agenda and an amended copy of Texaco Refining & Marketing, Inc. claim. to t h e following : James Wesley Kinnear Cohen, Nelson & Makoff 20 California St. , Ste. 201 San Francisco, CA 94111 I declare under penalty of perjury that the foregoing is true and correct. Dated October 8, 1996 at Martinez , California . —� eputy eerF- 3 + AMENDED CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA May 7, 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: Jurisdiction Superior Court Section 913 and 915.4. Please note aRil=lmli l) , CLAIMANT: Texaco Refining and Marketing Inc. APR 16 1996 ATTORNEY: James Wesley Kinnear COUNTY COUNSEL Cohen, Nelson, & Makoff Date received MARTINEZ CALIF. ADDRESS: 625 Market St. , Ste. 1100 BY DELIVERY TO CLERK ON April 15, 1996 San Francisco, CA 94105 BY MAIL POSTMARKED: April 12, 1996 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. i DATED: April 16, 1996 HHIL BATCHELOR, Clerk 1 BY: Deputy L II. FROM: County Counsel TO: Clerk of the Board of Supervisors (VI"' 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). ( V� Other: C�CLi vim_�� j cam, 6c&. A O-tnn /\`PP' �rEIu!� •A GL )1C®r '4� S�Fa� 1�-tlYti1 92PEd Dated: �/(.Q cj1!0 BY ���� Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present (�) This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated-�" PHIL BATCHELOR, Clerk, 6y 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: / / 9 9 BY: PHIL BATCHELOR by eputy Clerk CC: County Counsel County Administrator Amended. Claim Against Contra Costa County Relating to Environmental Contamination In and About 3599 Mt. Diablo Boulevard and 999 Blanche Lane, Lafayette, California (California Government Code Sections 810 et seq.) Claimant: Texaco Refining and Marketing Inc. �ry� i 10 Universal City Plaza 2.76 0`, Los Angeles, California 91608-1097 APR 15 1996 f Person to whom notices are to be sent: CLERK BOARD OF SUPERVISORS CONTRA COSTA CO. James Wesley Kinnear Cohen,Nelson& Makoff 625 Market Street, Suite 1100 San Francisco, California 94105 (415) 435-7035 Fax: (415) 435-7046 Date of Occurrence: Unknown Location of Occurrence: In and about 3599 Mt. Diablo Boulevard and 999 Blanche Lane, Lafayette, California Circumstances: Texaco Refining and Marketing Inc. ("TRMI") was a lessee of real property located at 3599 Mt. Diablo Boulevard, Lafayette, California (the "Property"), which lease terminated according to its terms in November 1994. In April 1985, TRMI assigned its interest under the lease to the Canadian American Oil Company, with offices at 444 Divisadero Street, Suite 100, San Francisco, California 94117. The owner of the Property is Mr. Robert Stoner, and/or related family trusts, of Incline Village,Nevada. During 1995, after the termination of the lease, TRMI removed the improvements at the Property and undertook limited environmental investigation as required by the Contra Costa County Environmental Health Department. That -1- investigation has continued into 1996. Through these investigations, TRMI and its consultants have discovered contamination of the soils and groundwater located at and under the Property. TRMI first learned of the potential contribution of Contra Costa County to the contamination on or about October 20, 1995. TRMI has incurred and will continue to incur considerable expense in investigating the alleged contamination of the Property, including but not limited to environmental monitoring and investigation expenses, oversight costs, attorneys' fees, and similar costs. Furthermore, the alleged contamination of the Property has exposed TRMI to liability for the costs of environmental remediation and to claims for damages by third parties and/or governmental entities. TR 41 expressly denies any liability to any such third parties or governmental entities. TRMI is informed and believes that the activities of Contra Costa County at the county maintenance yard located at 999 Blanche Lane, Lafayette, California, have caused or contributed to the contamination discovered at and below the Property. TRMI therefore seeks damages and/or other monetary relief, in an amount in excess of the jurisdictional minimum of the Superior Court, against Contra Costa County under theories, among others, of negligence, continuing trespass, continuing nuisance, equitable indemnity, implied indemnity, equitable apportionment, and contribution. TRMI also demands, in the form of equitable relief, that Contra Costa County undertake the investigation and remediation of the environmental contamination of the Property. Dated: April 12, 1996 COHEN,NELSON & MAKOFF By . Ja es Wesle;yXinriear ttorneys f r Texaco Refining & Marketing Inc. -2- . � } � \ / \ pi �\ Vi \ � 3 \ . ¥ � . ! \ \ . � 2 �_ S m fn , \ n � /_ � 3 � . � & 2 � : o ^ / m \ _ . 7\ \ � . \ \ � 06. � � k z \ « � . � @ƒ � U CLAIM (�• �'`� BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA May 7, 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 all "Warni� 1. CLAIMANT: Texaco Refining and Marketing Inc. ATTORNEY: James Wesley Kinnear APR 0 9 1996 Cohen, Nelson & Makoff Date received COUNTY COUNSEL ADDRESS: 625 Market St. , Ste. 1100 BY DELIVERY TO CLERK ON April 8, 19944ARTINEZCALIF. San Francisco, CA 94105 BY MAIL POSTMARKED: April 5, 1996 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above noted claim. FHIIL BATCHELOR, Clerk , DATED: April 9, 1996 BppY: eputy 4-4 I1. 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: �'�� 0 ' a1 l.t BY: Deputy County Counsel 11I. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present ( ) This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six• (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For additional warning see reverse side of this notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 16; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: BY: PHIL BATCHELOR by Deputy Clerk 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. WALEN7TA, JR. MARY ANN M. MASON ASSISTANTS April 10, 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: James Wesley Kinnear Cohen, Nelson & Makoff 625 Market Street, Ste. 1100 San Francisco, CA 94105 RE: CLAIM OF: Texaco Refining and Marketing, Inc. 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 exact date of accrual of the claim. (See Govt. Code §§ 901, 911 . 2 . ) [] 4 . The claim fails to state the name (s) of the public employee (s) causing the injury, damage, or loss, if known. [] 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: April 10, 1996 at Martinez, California. CC: Clerk of the Board of Supervisors (original) Risk Management (NOTICE OF INSUFFICIENCY OF CLAIM: GOVT. CODE §§ 910, 910.2, 920.4, 910.8) RECEIVED APR - 8 1996 Claim Against Contra Costa County Relating to Environmental 6hiftP SUPERVISORS OSTA CO. In and About 3599 Mt. Diablo Boulevard and 999 Blanche Lane, Lafayette, California (California Government Code Sections 810 et seq.) Claimant: Texaco Refining and Marketing Inc. 10 Universal City Plaza Los Angeles, California 91608-1097 Person to whom notices are to be sent: James Wesley Kinnear Cohen,Nelson & Makoff 625 Market Street, Suite 1100 San Francisco, California 94105 (415) 435-7035 Fax: (415) 435-7046 Date of Occurrence: Unknown Location of Occurrence: In and about 3599 Mt. Diablo Boulevard and 999 Blanche Lane, Lafayette, California Circumstances: Texaco Refining and Marketing Inc. ("TRMI") was a lessee of real property located at 3599 Mt. Diablo Boulevard, Lafayette, California (the "Property"), which lease terminated according to its terms in November 1994. In April 1985, TRMI assigned its interest under the lease to the Canadian American Oil Company, with offices at 444 Divisadero Street, Suite 100, San Francisco, California 94117. The owner of the Property is Mr. Robert Stoner, and/or related family trusts, of Incline Village,Nevada. During 1995, after the termination of the lease, TRMI removed the improvements at the Property and undertook limited environmental investigation as required by the Contra Costa County Environmental Health Department. That investigation has continued into 1996. Through these investigations, TRMI and its -1- consultants have discovered contamination of the soils and groundwater located at and under the Property. TRMI has incurred and will continue to incur considerable expense in investigating the alleged contamination of the Property, including but not limited to environmental monitoring and investigation expenses, oversight costs, attorneys' fees, and similar costs. Furthermore, the alleged contamination of the Property has exposed TRMI to liability for the costs of environmental remediation and to claims for damages by third parties and/or governmental entities. TRMI expressly denies any liability to any such third parties or governmental entities. TRMI is informed and believes that the activities of Contra Costa County at the county maintenance yard located at 999 Blanche Lane, Lafayette, California, have caused or contributed to the contamination discovered at and below the Property. TRMI therefore seeks damages and/or other monetary relief, in an amount in excess of the jurisdictional minimum of the Superior Court, against Contra Costa County under theories, among others, of negligence, continuing trespass, continuing nuisance, equitable indemnity, implied indemnity, equitable apportionment, and contribution. TRMI also demands, in the form of equitable relief, that Contra Costa County undertake the investigation and remediation of the environmental contamination of the Property. Dated: April 5, 1996 COHEN,NELSON & MAKOFF (A By: a e esle ear ttorneys for Texaco Refining & Marketing Inc. -2- r «L p -W _ 4) Al LM co 1_ x- E.. F t i C • �� _ AMRNDED CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA May 7, 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: $25,000.00 + Section 913 and 915.4. Please note all ' CLAIMANT: Sheree Brennan C: APR 2 2 1 ATTORNEY: Scott K. Zimmerman UNSEL 812 First Street Date received tCOU TINEZCALIF. ADDRESS: p0 Box 1120 BY DELIVERY TO CLERK ON April 19, 199 Brentwood, CA 94513 18ril BY MAIL POSTMARKED: April , 1996 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. QQ gg DATED:_=ri 1 22, 1996 BIL DeputylOR, Clerk 11. FROM: County Counsel TO: Clerk of the Board of Supervisors (voor 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: 7 , Dated: y/,�?j 9(Q BY: a 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 (r( ) 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. H Dated:, PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six- (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For additional 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: U BY: PHIL BATCHELOR by eputy Clerk CC: County Counsel County Administrator RECEIVED ,{-` Law Office of1 SCOTT K. ZIMNMRMANAPR 1 9 1996 Attorney at Law CLERK BOARD OF SUPER ORS Post Office Box 1120 CONTRA COSTA CO. 812 First Street Brentwood, California C 94513-1120 Telephone:(510)634-3571 Facsimile:(510)634-0781 April 18, 1996 CERTIFIED MAIL RETURN RECEIPT REQUESTED Contra Costa County Board of Supervisors Clerk of the Board of Supervisors CONTRA COSTA COUNTY County Administration Building 651 Pine Street, Room 106 Martinez, California 94553 Contra Costa County Sheriffs Department 651 Pine Street Martinez, CA 94553 Victor J. Westman, County Counsel Office of the County Counsel CONTRA COSTA COUNTY County Administration Building P.O. Box 69 Martinez, California 94553 - 0116 Re: Sheree Brennan, a minor Claim No: M960038924-M49 Date of loss: March 9, 1996 NOTICE OF CLAIM Pursuant to California Government Code Section 910 Pursuant to California Government Code Section 910, SCOTT K. ZVI IMERMAN of the Law Office of Scott K. Zimmerman, hereby submits a claim on behalf of SHEREE BRENNAN, against the County of Contra Costa, Contra Costa County Sheriff's Department as follows: Law Offices of Scott K.Zimmerman rj.2� Page:2 A. The name and post office box of the claimant: SHEREE BRENNAN, a minor c/o Law Office of Scott K. Zimmerman, 812 First Street, P.O. Box 1120, Brentwood, California 94513. B. The name and post office box of the person submitting the claim: SCOTT K. ZEMMERMAN, Esq. of the Law Offices of Scott K. Zimmerman, 812 First Street, Post Office Box 1120, Brentwood, California 94513. C. On March 9, 1996, while SHEREE BRENNAN was a passenger in a private passenger vehicle lawfully stopped at a red signal light, the vehicle was negligently struck from behind by a Contra Costa County Sheriff's Patrol car which such vehicle was operated by Deputy Sheriff Harold Rogers, an on duty Contra Costa County Sheriff. The incident occurred at Bailey Road, Pittsburg, California. As a result of the accident, SHEREE BRENNAN sustained a neck injury. D. SHEREE BRENNAN was, is, and in the future shall continue to suffer the long- term effects of the acts or omissions set forth in paragraph "C" preceding, to wit: SHEREE BRENNAN sustained a significant soft tissue neck injury, the full extent of which is presently unknown. SHEREE BRENNAN has had to seek medical treatment for the injury, has suffered and continues to suffer mental anguish, and has suffered other physical and mental injuries, the full extent of which have not yet been ascertained. E. The jurisdiction of this claim would rest in the Superior Court of Contra Costa County. F. So far as is known at the time of filing this Claim, Claimant has incurred damages in excess of $25,000.00 general and special. April 18, 1996 S SUBMTT_ED, . ZIM A Atto ney for Clai ant f:\persinj\brennan\claimbre.d 18 � N 00 co 0, ri u"l LU C.) C-) C, � � N � O tO1s � � ,j � ,1 CLAIM c•�`" BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA May 7, 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 pp� Amount: Unknown Section 913 and 915.4. Please note alln '9 CLAIMANT: Sheree Brennan APR 12 1996 COUNTY COUNSEL ATTORNEY: Scott K. Zimmerman MARTINEZ CALIF. Attorneys at Law Date received ADDRESS: PO Box 1120 BY DELIVERY TO CLERK ON April 11, 1996 Brentwood CA 94513 BY MAIL POSTMARKED: Hand Delivered via: Risk Mgmt. I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. GATED: April 12, 1996 PpHHIL BATCHELOR, Clerk BY: Deputy JAd4ZO, i i" 91�A— U I1. 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 910.6). ( ) 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: fz/aq(,Q 8Y: Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present ( ) This Claim is rejected in full. ( ) Other: — I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: PHIL BATCHELOR, Clerk, By , Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six. (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For additional warning see reverse side of this notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator x.25 OFFICE OF COUNTY COUNSEL DEPUTIES: 1a: 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 April 15, 1996 PAUL R. MUINIZ VALERIE J. RANCHE DAVID F. SCHMIDT DIANA J. SILVER VICTORIA T. WILLIAMS NOTICE OF INSUFFICIENCY AND/OR. NON-ACCEPTANCE OF CLAIM TO: Scott Zimmerman, Esq. P.O. Box 1120 812 First St. Brentwood, CA 94513- 1120 RE: CLAIM OF: Sheree Brennan 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. H 3 . The claim fails to state the date, place or other circumstances of the occurrence or transaction which gave rise to the claim asserted. H 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 r 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: April 15, 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) Law Offices of SCOTT K. ZEMNWRMAN Attorneys at Law Post Office Box 1120 812 First Street Brentwood, California 94513-1120 Telephone:(510)634-3571 Facsimile:(510)634-0781 April 9, 1996 Contra Costa County RECEIVED Sheriffs Department 651 Pine Street APR 1 1 1996 Martinez, CA 94553 l V CLERK 60.,",:10 Or S!; ERVISORS RE: Our Client: Sheree Brennan c3sd-:1A COSTA CO. Your Insured: Unknown Claim No: M960038924-M49 DOL: March 9, 1996 Dear Sir or Madam: This firm has been retained by Sheree Brennan to represent her regarding the injury she sustained on March 9, 1996, while she was a passenger in a vehicle stopped at a red light and struck from behind by Deputy Sheriff Harold Rogers, an on duty Sheriff at Bailey Road, Pittsburg,-California. As a result of the accident, Ms.-Brennan has sustained neck injury. Please be advised that a claim is being made on behalf of my client for damages arising out of the above accident. Also, I have a lien on my client's cause of action and any recovery made thereunder. I would appreciate it if you would advise me of the identity of your insurance carrier. -Additionally, I request that you forward to my offices (1) a copy of any statement obtained by you, your employees, or your agents from my client, and (2) the names of any witnesses known to you, your employees or your agents. Please direct all correspondence regarding this matter to this office and not to my client. Very lcru y yours, O 'IC OF SCOTT K. ZIMMFRMAN S'o �itnmarrman �k2:amb f:\persinj\bremian\sheriffs.ltr i`R , CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA May 7, 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 Cod�y� Amount: $1,527.50 Section 913 and 915.4. Please note all CLAIMANT: William Barry APR 11 1996 ATTORNEY: COUNTY COUNSEL Date received MARTINEZ CALIF. ADDRESS: 440 Woodmont Place BY DELIVERY TO CLERK ON April 10, 1996 Oakley, CA 94561 BY MAIL POSTMARKED: Not Ledgible I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. GATED: April lI, 1996 PpHHIL ATCHELOR, Clerk Bl : �eputy I1. 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: ay / 11`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:n"- 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 warni.na 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: g BY: PHIL BATCHELOR by eputy Clerk CC: County Counsel County Administrator °Cla,_ tom: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAD-iANT A. Claims relating to causes of action for death or for injury to person or to per- sonal property or growing crops and which accrue on or before December 31, 1987, must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to causes of action for-death or for injury to person or to personal property or growing crops and which accrue on or after January 1, 1988, must be presented not later than six months after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Govt. Code §911.2.) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553. ----------------- C. If claim is against a district governed by the Board of Supervisors, rather than the County, the na.•ne 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 lel�cf RECEIVED _ 3 Against the County of Contra costa ) APR 10 1996 or ) r CLERK BOARD OF SUPERVISORS District) CONTRA COSTA CO. Fill in name ) The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ ��� '� ,� and in support of this claim represents as folio,as: 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)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? �. wnat are the names of county or district officers, servants or employees causing th.l -damage or in jury? _aWado 5. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. C� 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) $. Names and addresses of witnesses, doctors and hospitals. - 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT Gov. Code Sec. 910.2 provides: "The claim must be signed by he claimant SEND NOTICES T0: (Attorne ) orb me ,son on his be t4elf." Name and Address of Attorney /may.... Claimants Signature Address. Telephone No. Telephone No. �` - -0 y 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 irnYrisonment and fine. o Six sections of our fence were damaged when County Juvenile Community Services Department workers were doing clean up on Laurel Road in Oakley on November 25, 1995. Because of the damage that was done to our fence,our dog was seen by neighbors on Laurel Road two times during the day when we were not home. Ron Ott, a neighbor, went to see how the dog was getting out and saw that the fence had been damaged and had shovel and boot marks on it. One of our neighbors,Debbie Ott,witnessed the workers working on Laurel Road, throwing garbage in her backyard. The supervisors came back to clean up her yard. Pat Kunich, a neighbor, witnessed the workers cleaning up along Laurel Road and noticed damage to her own fence later that afternoon. Bud Chaddock,another neighbor,has witnessed the workers throwing wild cantaloupes into our pool. Last year, our fence was damaged and we repaired it ourselves. Our neighbors have also encountered similar problems with the workers and damage to their own property. When the workers are doing clean up,the sand along the sidewalk has been shoveled two feet high up against our fence by them. This has caused stress and buckling to the fence and rotting to the bottom portion of the fence and because of the weight of the sand,our fence is slowly being pushed over. This problem has been ongoing since the sidewalk along Laurel Road,behind our house, was put in: "11AVL WELDER - WILL I-RAVEL" DBA " FENCE DR." We Make House Calls CA License #555 250 PROPOSAL AND CONTRACT 3/23/96 To: Bill Barry , 440. Woodmont P1. Oakley, Ca. 945.61 625-4897 Re: Remove and replace 83 linear feet of fence in rear of yard to, match ex- isting (fence damaged due to excess dirt piled against outside of fence facing Laurel Dr. ) . New fence to be constructed as follows: 4"X4" . posts set 24" in concrete on 8' or' less centers, 2"X4" horizontal stringers nailed to posts, 3/4"X8"X6 ' vertical slats (dog-eared or flat top-circle one) nailed to stringers. Posts to be pressure treated fir, all other wood to be "Con-Heart" rough redwood. Fence cost$18.50 per linear foot, removal and disposal of existing fence cost $1 .50 per foot. Also include $100.00 for temporary fence during construction, so as to protect swim- ming pool, and include $350.00 for removal & disposal of approx. 3 cubic yards of dirt from Laurel Dr. side of fence. If 2"X8" pressure treated kick-board is desired add $2.00 per linear foot, this is to. pay for 2"X 8" board, and longer posts so as to be 30" in concrete. 1 . Material cost $ 716.40 Sales tax $ 59. 10 Sub total $ 775.50 2. Labor cost- includes $100.00 temporary fence $ 1 ,210.00 &$350.00 dirt removal & disposal 3. Remove existing fence, dispose of wood and debris $ 124 .50 4 . Total price $ 2, 110.00 Payment to be made as follows: 2( $ 1 ,055.00 )down, balance upon completion Bid price good for 15 days All work guaranteed against defects in materials & workmanship for 5 years We assume no liability for underground damage due to necessary digging Thank you for giving us the- opportunity to serve you Respectfully submitted by: / �- Herb Morean Jr. Accepted by: - Date 520 Garcia Avenue #E ■ Pittsburg, California 94565 0 (510) 432-6347 0 FAX (510) 432-6350 b � u 6 E O M� . bey i -J�v U NO O CIQ O O -- y CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA , May 7, 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: $50,000 + Section 913 and 915.4. Please note all "Warnings". CLAIMANT: Christine Brocker for Sara Southworth *(a minor); ATTORNEY: Tyler A. Shaw, Esq. Jacoby & Meyers Date received ADDRESS: 100 Bush St. , Ste. 700 BY DELIVERY TO CLERK ON April 5, 1996 San Francisco, CA 94104 BY MAIL POSTMARKED: April 4, 1996 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a Copy of the above-noted claim. �bIL BATCHELOR, Clerk DATED: April 5 1996 : Deputy II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( V1 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. /1 Dated: PHIL BATCHELOR, Clerk, Byr.�P�,.� ( (1J1�,�, 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: BY: PHIL BATCHELOR by eputy Clerk CC: County Counsel County Administrator Clam o: BO OF SUPERVISORS OF CbM`RA CC.STA COtI;rTY INS;R'OCTION3 -0 VLAIM:+.\'T A. Claims relating to causes of action for death or for in.'ury to person or to per- sonal property or Browing crops and which accrue on or berore December '31, 1937, 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 iniury to person or to personal property or growing crops and which accr„ae on or after January 1, 1988, must be presented not later than six months after the accrual of the calwse of action. Claims relating to any other cause of action asst be presented not later..than. one year after the accrual of th;s cause of action. (Govt. Code 5911.2.) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal. Code Sec. 72 at the end of this form. RE: Claim By ) Reserved for Clerk's Ailing stamp Christine Brocker for Sara ) Southworth (a minor) ) RECEIVED -fl,, Aga nst the. County of Contra Costa ) or ? '•APR — 5 19% District) _(Fit in name ) CLE R CONTRA COSTA SUPERVISORS CO. The mdersigned claimant hereby makes claire against the County of Contra Costa or the above-Named District in the sura of $ in excess of $503000 and in support of this claim represe..nts as follows% accordinp to proof. 1. When did the damage or injury occur? (Give e=ct data acid hour) November 14, 1995 at approximately 12:00 p.m. .rw_rw_..w.rw...r.�r_��1_.Y+-r_w..�nMN..�Y_w....MlMwwwMr..___�.�w11��/.✓,�y_�Mw_—�MNY.w.Y_.►1�w..r 2. Where did the damage or injury occur? (Include city and county) Lake Elementary School, 2700 - 11th Street, San Pablo, CA 94806 3. How did the damage or injury occur? (Give full details; use extra paper if required) The County of Contra Costa, its agents and employees were negligent in the failure to properly supervise, instruct and observe claimant and were further negligent in the failure to provide adequate and immediate medical attention and hire, train, manage an supervise personnel qualified to perform same which negligence directly and proximately 4. What particular act or omission on the part of county or district officers, servants or e=ployees caused the injury or damage? 3) caused all of claimants damages. 7. wnat are the names of county or district officers, servants or employees causing the damage or injury? Discovery is continuing. -- —--------------- _.._.._...._ 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach tuo estimates for auto damage. Including but not limited to: seizures, brain injury, emotional distress,- respiratory failure and autism. Discovery is continuing. 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) Discovery is continuing.-- - $. Names and addresses of witnesses, doctors and hospitals. Including but not limited to: Doctor's Hospital, Pinole, CA Childrens' Hosptial, Oakland, CA West Coun V Pediatrics, Richmond, CA Discovery is continuing. .»._____..__......-....� _w 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT Including but not limited to: Doctors Hospital $ 3,522.80 Childrens Hospital $ 16,960.83 Discovery is continuing. . Gov. Code Sec. 91 vides: "The im mus si ed by the claimant SEND NOTICES TO: (Attorney) or is behalf." game and Address of Attorney JACOBY & HEYERS G Tyler.A. Shaw, Esq. k.—CUlaimaftV S Signature 100 Bush'St. , Ste. 700 San Francisco; CA 94104 (Address) Telephone No. 415-399-8951 Telephone No. NOTICE Section 72 of the Penal Code provides: "Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, city or district board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is punishable either by imprisonment in the county jail for a period of not more than one year, by a fine of not exceeding one thousand ($1,000), or by both such imprisonment and fine, or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars ($16,0009 or by both such imprisonment and fine. PROOF OF SERVICE I , ,Indira Chakrabarti, declare: I am over the age of eighteen years and not a party to the within action. My business address is 100 Bush Street, Suite 700 , San Francisco, CA 94104 . On April 4 , 1996 , I caused to be served the within Notice of Claim by placing a true copy thereof in an envelope with adequate postage, and depositing same via certified mail item no. Z 395 287 575 in a U. S. Mail receptacle, addressed as follows: Clerk of the Board of Supervisors County Administration Building 651 Pine Street, Room 106 Martinez, CA 94553 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this fourth day of April, in San Francisco, California . u f � � r ' VA MA O o 0 n �jLo it o N is N ri as x � w ,,, 0 co s LJ .a 4 4' 't 0 tr VA O 3 � > � m L LL -p mpN a CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA May 7, 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 8 fu W, Supervisors (Paragraph IV below), given pursuant to Go eerrnine ,., ode Amount: Unknown Section 913 and 915.4. Please note allinga', � CLAIMANT: California State Automobile Association 8, 17_N703462 Y ' AIw: Tanya Van Vliet Claim Representative Date received ADDRESS: 1700 Somersville Rd. BY DELIVERY TO CLERK ON .. April 5, 1996 Antioch CA 94509-0951 BY MAIL POSTMARKED: Hand Delivered via: Risk Mgmt. I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: April 8, 1996 Jq?L BepuATCtELOR, ClerkJim VA 1 i1I. 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: Ce By: —�s —� �_ Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present (v� This Claim is rejected in full. ( ) Other: j I certify that this is a true and correct copy of the Board's Order entered in its minutes for . this date. Dated: ? . PHIL BATCHELOR, Clerk, B Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six. (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For additional 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. ti Dated: BY: PHIL BATCHELOR by Deputy Clerk CL CC: County Counsel County Administrator OFFICE OF COUNTY COUNSEL DEPUTIES: C-- =� !� CONTRA COSTA COUNTY PHILLIP S. ALTHOFF ii SHARON L. ANDERSON COUNTY ADMINISTRATION BUILDING BRANDON D. BAUM 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 April 8, 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: Tanya Van Vliet CSAR Claims Representative 1700 Somersville Road Antioch, CA 94509 - 0951 RE: CLAIM OF: John L. or Roberta Vandenberg No. 17-N703462 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: L] I . The claim fails to state the name and post office address of the claimant. L] 2 . The claim fails to. state the post office address to which the person presenting the claim desires notices to be sent. [X] 3 . The claim fails to state the date, place or other circumstances -of the occurrence or transaction which gave rise to the claim asserted. [] 4 . The claim fails to state the name (s) of the public employee (s) causing the injury, damage, or loss, if known. [X] 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: V R J. WEST, County J49nsel • 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: April_ , 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) ' ,i°rnia5/a!° California State Automobile Association ° bile AM <*> Inter-Insurance Bureau Julie Aumock April 3, 1996 APR 05 1996 F (RECEIVED Julie Aumock, Contra Costa County APR - 51996 Risk Management uca: R,ah 7►') 651 Pine St., 6th Floor CLERK BOARD OF SUPERVISORS Martinez, CA 94553 CONTF�a COSTA CO. Re: Our Insured: Vandenberg, John L or Roberta Our Claim No.: 17-N703462 Date of Loss: 03-07-96 Your Insured: Contra Costa County,driver: Teresa Bird 95 Chev Your Claim No.: Dear Ms. Aumock: This is notice of our subrogation interest arising from this loss. We have arranged settlement with our insured. Please make your payment directly to the California State Automobile Association Inter-Insurance Bureau(CSAR-IIB). Your employee, driving county owned vehicle, struck rear of our insureds vehicle, our insured driver has reported injury. Sincerely, �an `��qliet G2� 7 Claim Representative 510 754 2210 extension 243 1 7 0 0 SOMERSVILLE RD . A N T I O C H , CA 9 4 5 0 9 - 0 9 5 1 • ( 5 1 0 ) 7 5 4 - 2 2 1 0 F1114(5-93) C, �S CLAIM BuARD Or SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA May 7, 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 " CLAIMANT: Sondra Edwards ATTORNEY: Alan M. Talbot, Esq. APR 16 1996 Brookman & Talbot Date received COUNTYIE UNSEL ADDRESS: 1990 N. California Blvd. , #740 BY DELIVERY TO CLERK ON April 12, t CALIR Walnut Creek, CA 94596 BY MAIL POSTMARKED: April 10, 1996 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: April 16,1 996 JyIL DepuLyLOR, Clerk I1., FROM:County Counsel TO: Clerk of the Board of Supervisors ( L� 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: Z �_ Beputy 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: 99 to PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six• (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For additional warning see reverse side of this notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. r r Dated: / BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator Claim 'to: BOARD OdtERVISORS OF CONTRA COSTA COUP`- INSTRUCTIONS TO CLAIMANT A. Claims relating to causes of action for death or for injury ..o person or to per- sonal property or growing crops and which accrue on or before December 31, 19879 must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or after January 1, 1988, must be presented not later than six months after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Govt. Code §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 ag~irst 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 orm. * * * * * *' * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * RE: Claim By ) Reserved for Clerk's filing stamp SONDRA EDWARDS ) RECEIVED Against the County of Contra Costa ) ApR 12 1996 or ) District) CLERK BOARD OF SUPERVISORS Fill in name ) CONTRA COSTA CO. The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $[TNKNOWN AT PRESENT and in support Of this claim represents as follows: 1. "he^ did the damage or injury occur? (Give exact date and ;our) Octrober 25, 1995 at - approximately 7 : 00 p.m. 2. inhere did the damage or in4ury occur? (Include city and county) On Cummings Skyway, in an unincorporated area of Contra Costa County, Bay District. 3. How did the damage or injury occur? (Give full details; use extra paper if ~ required) See Attachment A. --------------- 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury .or damage? Failure to provide safe roadway, improper banking; no lights or reflectors. (over) 5. What are the names of cc 'ty or district officers, serves F or employees causing the damage or injury? C' Presently unknown. 5. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. Wrongful death — amount unknown, but extensive. 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) To be determined. 8. Names and addresses of witnesses, doctors and hospitals. See attached police report and coroner' s report. �- 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT Funeral expenses and marker expenses, and other expenses to be determined - will be forwarded upon receipt. f e e e e * e e � � f e � * e e a �t a a s e � a * e s * s �t e f e e f • f e s e � 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 Alan M. Talbot, Esq. Brookman & Talbot 1990 N. California Blvd. , #740 Attorney for Claimant, ALAN M. TALBOT Walnut Creek, CA 94596 BROOKMAN & TALBOT Address 1990 N. California Blvd. , #740 Walnut Creek, CA 94596 Telephone No. 510-932-4008 Telephone No. 510-932-4008 S f f f f • • I Tf 1t • • f f f f 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 ($109000, or by both such imprisonment and fine. ATTACHMENT A TO CLAIM AGAINST THE COUNTY OF CONTRA COSTA Claim of Sondra Edwards 3. The circumstances giving rise to this claim are as follows: Claimant is the mother of Christopher Edwards, a minor, born August 22, 1982. Christopher Edwards was on an outing and/or school trip organized by Carquinez Middle School to stargaze on the fire trail near Cummings Skyway, and was in a vehicle being transported to the outing on Cummings Skyway by Selma Jew, when the vehicle in which he was a passenger collided with another vehicle being driven by William Robert Russell, resulting in the death of Christopher Edwards. r 1 PROOF OF SERVICE BY MAIL -- CCP. X2015.5 & §1013(a) 2 I, the undersigned, declare under penalty of perjury of the laws of the State of California: 3 4 That I am a citizen of the United States and over the age of eighteen years; that I am not a party to the within action or proceeding; that my business address is 1990 N. California 5 Boulevard, Suite 740, Walnut Creek, California 94596; that on the date set forth below I served a true copy of: 6 CLAIM AGAINST THE COUNTY OF CONTRA COSTA 7 8 9 by depositing said copy in the United States Mail, at Walnut Creek, California, in a sealed 10 envelope, postage thereon prepaid, addressed as follows: 11 12 Clerk of the Board of Supervisors Room 106, County Administration Building 13 Martinez, CA 94553 CERTIFIED MAIL - RETURN RECEIPT REQUESTED 14 15 16 17 18 19 At said time, there was regular delivery of the United States Mail between said places of deposit 20 and address(es). f d 21 Executed at Walnut Creek, Contra Costa County, California, on Apri , 1996. 22 23 24 SHARON HANNEY 25 26 27 28 P11 � fJ � �: CONTRA COSTA COUNTY OFFICE OF SHERIFF-CORONER s CORONER' S REPORT l' Lu ---------------------------- f, CLASSIFICATION: ACCIDENTAL CASE # : CR 95-1409 DECEDENT: EDWARDS CHRISTOPHER Le MAR LAST FIRST MIDDLE DATE REPORTED: 10-25-95 TIME REPORTED: 1915 HOURS DATE OF DEATH: 10-25-95 TIME OF DEATH: 1850 HOURS REPORT BY INVESTIGATING DEPUTY CORONER: DAVE DYER AKA: . OTHER I .D. : DOE:- 8-22-82 AGE: 13 YEARS (UNDER ONE YEAR: MOS . DAYS) SEX: MALE RACE : BLK EST. HGT: 5-1 EST. WGT: 150 HAIR: BLK EYES : BROWN S/S # : USUAL ADDRESS : 1135 LANGLEY WAY PHONE .# : 799-9490 CITY/STATE : RODEO, CA 94570 CITY LIMITS : YES NO IDENTIFIED BY: SURVIVORS OF ACCIDENT DATE : 10-25-95 TIME : UNK HRS . ADDRESS, CITY/STATE, PHONE# : _ OTHER INVESTIGATING AGENCY: CALIFORNIA HIGHWAY PATROL AGENCY FILE # : ASSIGNED OFFICER: WHITE NEXT OF KIN 1 . SONDRA EDWARDS MOTHER NAME OF LEGAL NEXT OF KIN RELATIONSHIP TO DECEASED. ADDRESS, CITY/STATE : 1135 LANGLEY WAY, RODEO, CA 94570 RESIDENCE PHONE # : 799-9490 BUSINESS PHONE # : 2 . AUTHORIZED ALTERNATE NEXT OF KIN RELATIONSHIP TO DECEASED ADDRESS , CITY/STATE : t RESIDENCE PHONE # : BUSINESS PHONE # : LEGAL NOK NOTIFIED BY: CHP OFFICERS AT SCENE AGENCY: NOTIFIED DATE : 10-25-95 TIME : UNK HOURS HOW: IN PERSON DECEDENT: EDWARDS , CHRISTOPHER CASE # : CR 95-1409 PLACE OF DEATH LOCATION: PUBLIC ,ROADWAY (i .e . , Residence/Hospitai=ER ,or IP/Public or Private Roadway, etc. ) ADDRESS : CUMMINGS SKYWAY, . 75 MILES N..OF HIGHWAY 4 CITY LIMITS : CITY/STATE : CROCKETT, CA 94525 CORONER' S SEAL: PRONOUNCED AND/OR DETERMINED BY: FIRE PERSONNEL AND PARAMEDICS REPORTED TO CORONER BY: CHP DISPATCH PHONE # : PERSON WHO DISCOVERED DECEASED:FIRE PERSONNEL PHONE # : ADDRESS, CITY/STATE - BODY REMOVED TO : COUNTY MORGUE ORDERED BY: DYER MEDICAL HISTORY REGULAR PHYSICIAN: PHONE # : .ADDRESS : CITY/STATE : DATE LAST SEEN: MEDICAL HX: INJURY INFORMATION DATE OF INJURY: 10-25-95 TIME OF INJURY: 1850 HOURS LOCATION OF INJURY: PUBLIC ROADWAY (i .e. , Residence, Public/Private Roadway, etc . ) . ADDRESS INJURY OCCURRED: CUMMINGS SKYWAY, . 75 MILES NORTH OF HIGHWAY 4 CROCKETT CA 94.525 CITY LIMITS : MAP LOCATION: AT WORK: HOW INJURY OCCURRED: VEHICLE ACCIDENT, TRUCK VS VAN IF APPLICABLE, TYPE GUN AND/OR WEAPON: VEHICLE MAKE, MODEL, YEAR, LIC. # : DODGE CARAVAN, ' DE4BEAR MV STATUS : PASSENGER. REGISTERED TO : (i .e . Driver, Pass . , Ped. ) ADDRESS, CITY/STATE : TOWED TO: SAVE TOW (IMPOUND) ORDERED BY: CHP -2- DECEDENT: EDWARDS , CHRISTOPHER CASE # : CR 95-1409 WITNESSES : ANAME, ADDRESS, TELEPHONE) 1 , 2 . 3 . 4 . IDENTIFIABLE INFORMATION (i .e . Scars, marks, tattoos) INVESTIGATION REPORT DATE: 10-25-95 THIS CASE CONCERNS THE DEATH OF CHRISTOPHER EDWARDS, 13 , WHO WAS A PASSENGER IN A VAN THAT WAS INVOLVED IN A TRAFFIC ACCIDENT. I RECEIVED A CALL FROM CHP DISPATCH REPORTING THE ACCIDENT AND THAT THERE. WAS A FATALITY AT THE LOCATION. I WENT TO THE SCENE AND TALKED WITH OFFICER WHITE OF THE HIGHWAY PATROL . HE TOLD ME THAT THE VICTIM WAS SEATBELTED IN THE BACK AREA OF THE VAN. APPARENTLY THE DRIVER PULLED OFF THE ROADWAY ON THE RIGHT AND THEN ATTEMPTED TO MAKE A U-TURN. A PICKUP WAS GOING SOUTH ON CUMMINGS AT APPROXIMATELY 55 MPH AND HIT THE VAN BROADSIDE . IT KNOCKED THE VAN ABOUT 100 FEET WHERE IT CAME TO REST OFF THE ROADWAY. WHEN THE IMPACT OCCURRED THE VICTIM WAS THROWN OUT THE REAR DOOR STILL IN HIS SEAT BELT. THE SEAT WAS STILL IN THE VAN AND THE VICTIM WAS HANGING UPSIDE DOWN. THERE WAS A BLOOD TRAIL FROM THE IMPACT AREA TO WHERE THE VAN CAME TO REST. I OBSERVED THE VICTIM HANGING FROM THE BACK OF THE VAN. HIS HANDS WERE TOUCHING THE GROUND AND HIS HEAD WAS APPROXIMATELY 6-8 INCHES OFF THE. GROUND . THERE WAS A LARGE AMOUNT OF .BLOOD POOLED BENEATH HIS HEAD. HE HAD SOME LACERATIONS ON HIS ' NECK AND HEAD AREA. I TOOK PHOTOS, MADE THE REMOVAL AND TRANSPORTED THE DECEDENT TO THE COUNTY MORGUE. A PHOTO ID WAS TAKEN AND HIS BELONGINGS WERE INVENTORIED. I . LATER MADE CONTACT WITH HIS GRANDFATHER WHO SAID THAT HE IS SURVIVED BY HIS MOTHER, SONDRA EDWARDS . DEPUTY DAVE DYER -3- CONTRA COSTA COUNTY CORONER' S OFFICE WARREN E. RUPF, SHERIFF-CORONER NAME: EDWARDS, CHRISTOPHER REPORT OF AUTOPSY CR 95-1409 POSTMORTEM AT: Central Morgue DATE: 10-26-95 TIME : 0810 Hrs . PLACE OF DEATH: Crockett, CA. DATE : 10-25-95 TIME: 1850 Hrs . AGE: 13 SEX: Male RACE : Black CLOTHING: The body is received clad in a gray jacket, a gray and blue long sleeved shirt, a gray short sleeved tee-shirt, blue-green denim trousers secured by a blue web belt, white jockey shorts, and white athletic socks . The sock has been removed from the right foot to allow placement of. an appropriately filled out coroner' s tag. Found around the neck is a portion of black vinyl strap . EVIDENCE OF MEDICAL THERAPY: None . EXTERNAL EXAMINATION The fully clad, cool, unembalmed body is that of a well nourished, well developed, black male, who appears consistent with the stated age of 13 years . The body measures approximately 61 inches in height, and weighs 150 lbs . The scalp hair is black, kinky and measures 1 . inch in length. The irides are brown, and the corneas are clear. The sclerae and conjunctivae are unremarkable. The dentition is natural and in good condition. Facial injuries will be described below. The neck is without evidence of injury. The chest and the breasts are unremarkable . Injuries of the abdomen will be described below. The external genitalia are those of a circumcised adult male, with bilaterally descended testes . Injuries of the extremities will be described below. The back and anus is unremarkable . Lividity is dorsal and fixed except in areas exposed to pressure . Rigor mortis is full in the extremities, but easily overcome . EXTERNAL EVIDENCE OF INJURIES EXTREMITIES: A superficial laceration is at the base of the right index finger. It is transversely oriented, measuring 1 inch x 1/4 inch. It is associated with abundant dried blood on the back of the right.,hand. Dried blood is also on the dorsum of the left hand. EDWARDS, Christopher 2 CR 95-1409 TORSO: Stretch type abrasion is across the waistline, 26 inches below the vertex and 36 inches above each heel . The stretch type abrasion is more prominent in the left lower quadrant, and the entire pattern measures 7 inches in length by up to 2 inches in width, essentially beginning at the midline and extending towards the left . . A separate discreet patch is noted in the right inguinal fossa which measures 1-1/4 x 1/2 inch. A separate patch of abrasion is on the anterior aspect of the left upper thigh measuring 3 x 2 inches and being located 1-1/2 inches below the left inguinal fossa. HEAD: Dried and drying blood is noted in each external auditory meatus . A curvilinear superficial laceration is over the left malleolar eminence . It begins 6 inches below the vertex and measures 2-1/2 inches in length by up to 3/8 of an inch in width. At the inferior, medial margin of the laceration is a 3/8 inch portion of intact skin, and in the same pattern is a triangular deeper laceration which measures 1/2 x 3/8, of an inch. This final portion of injury is 1 inch to the left of the anterior midline . A ' second deeper laceration is on the base of the chin beginning 1/2 inch to the right of the midline and extending towards the left for a total of 2-1/2 inches, gaping to 1/2 inch and exposing subcutaneous fat . At the lateral margin of this injury which is 2-1/2 inches to the left of the midline is apparently a flake of gray color paint or plastic in the wound. This is. retained. INTERNAL EVIDENCE OF INJURY The calotte is reflected to reveal an intact dura mater. The dura mater is reflected to reveal symmetrical cerebral hemispheres . Once the brain is removed, marked basilar subarachnoid hemorrhage and a small amount of subdural blood is seen, in association with a complete hinge fracture, atlantooccipital disarticulation, and a curvilinear fracture extending through the posterior fossa bilaterally. - In association with this fracture pattern is laceration of the brain stem. On the right parietal lobe, a few cortical contusion hemorrhages are found. INTERNAL EXAMINATION The body is opened by the usual Y-shaped and intermastoid incisions, and the chest plate is removed. There are no adhesions or abnormal collections of fluid. are in the pericardial or peritoneal spaces . The pleural spaces are unremarkable . All body organs are in the normal anatomical positions . The midline anterior abdominal fat layer measures 1 inch. SYSTEMS REVIEW CENTRAL NERVOUS .SYSTEM See evidence of injury. Removal of the calvarium reveals an intact dura mater, with no evidence of epidural or subdural hemorrhage . The external EDWARDS, Christopher 3 CR 95-1409 surface of the 1400 gram brain is symmetrical, with no evidence of subarachnoid hemorrhage. Coronal sections through the cerebrum reveal no focal lesions, and transverse sections through the cerebellum and brainstem are unremarkable . The structures at the base of the- brain, including blood vessels and cranial nerves are intact . NECK Following evisceration of the cranial and thoraco-abdominal cavities, the neck organs are removed in a layer wise fashion, pre-vertebral hemorrhages found in association with the above described atlantooccipital disarticulation, but there are no the injuries . The strap muscles are unremarkable, the hyoid bone, cricoid and thyroid cartilages are intact . GASTROINTESTINAL TRACT The mucosa of the esophagus, stomach, and duodenum is intact . The stomach contains approximately 100 ml of partially digested food. The small and large bowel are unremarkable,. The appendix is present and intact . CARDIOVASCULAR SYSTEM .The external surface of. the 250 gram heart is unremarkable . The coronary arteries are right dominant . The chambers and valves have the normal size- position relationship and are unremarkable . The great vessels exit and return to the heart in a normal fashion and are unobstructed. °. RESPIRATORY SYSTEM The mucosal surfaces of the larynx, trachea, and bronchi are pink-tan and unremarkable . Sections exudes moderate amounts of serosanguinous fluid. The airway is clear of debris and foreign material . The pleural surfaces are smooth and glistening. Sections reveal a uniform red-tan parenchyma . The pulmonary arteries and veins are normally distributed and unobstructed. The right lung weighs 300 grams and the left lung weighs 250 grams . HEPATOBILIARY SYSTEM The liver weighs 1200 grams and is covered by a glistening, intact capsule . Sections reveal a dark red-brown uniform parenchyma. The extrahepatic biliary tree is normally distributed and unobstructed. The gall bladder is empty. The pancreatic parenchyma is yellow-tan and lobular and the ducts are clear. RETICULO-LYMPHATIC SYSTEM The 150 gram spleen is covered by a wrinkled, intact, . gray capsule . Sections reveal a normal parenchyma with a normal distribution of white pulp. The regional lymph nodes and bone marrow are grossly unremarkable . �2-5 EDWARDS, Christopher 4. CR 95-1409 GENITOURINARY SYSTEM The renal capsules are smooth, thin, and semi-transparent, and strip with ease to reveal a normal cortex. The right and left kidneys. weighs 125 grams . The cortex is slightly congested, measures up to 0 .3 cm, and is sharply delineated from the unremarkable medulla and collecting system. The . ureters follow the normal course to the urinary bladder which is empty. MUSCULOSKELETAL SYSTEM See evidence of injury. The skeletal muscle is red-brown and firm. ENDOCRINE SYSTEM The thyroid and adrenal glands are normal in size, shape, and location. DIAGNOSES 1) Cutaneous contusions , and lacerations . 2) Hinge fracture of skull base . 3) Atlantooccipital disarticulation. 4) Curvilinear fracture, posterior fossa. 5) Laceration, brain stem. 6) Basilar subarachnoid hemorrhage . CAUSE OF DEATH - Blunt force head injuries . MANNER OF DEATH -Accident . PRESENT - Glenn Wald, .Pathologist' s Assista t . Finish time : 0855 . BLP/sms. Bria . Peterson, M.D . Date : F nsic Pathologist CORONER'S FINDINGS IN THE MATTER OF THE CORONER'S FINDINGS OF THE BODY OF CHRISTOPHER LEMAR EDWARDS deceased, I, Warren E. Rupf, Sheriff-Coroner of Contra Costa County, certify: That on this date at Contra Costa County, State of California, an investigation was made into the death of the above-named person; that inquiry was made into the circumstances. attending said death, and in what manner, where, and when said death occurred; and that findings of said investigation referenced as case file CR 95-1409 are: Name of Deceased CHRISTOPHER LEMAR EDWARDS Sex MALE Age 13 YEARS Race BLACK Date of Death OCTOBER 25, 1995 Time of Death 1850 HOURS Place of Death PUBLIC ROADWAY: CUMMINGS SKYWAY, .75 MILES NORTH OF HIGHWAY 4, CROCKETT, CA Cause of Death BLUNT—FORCE HEAD INJURIES, DUE TO MOTOR VEHICLE ACCIDENT Other Significant Conditions Classification ACCIDENT Medical EXaminationl*eviev�4P.4 t111 by BRIAN L. PETERSON, M.D. FORENSIC PATHOLOGIST Warren E. Rupf, Sheriff-Coroner Contra Costa County Dated. OCTOBER 27, 1995 By eputy oner CH-11194 STA:7=0Fi .LIFORNIA if,2<5 T RAF F-",'COLLISION REPORT PACE 1 of 12 SPECIAL CONDiT'nNSi NO INJ H&R FEL CITY JUDICIAL DISTRICT NUMBER - F'AT=.z 3 [] UNINCORPORATED BAY MUNICIPAL NO KILL HaeR MOD COUNTY DIST BEAT 10-333 0 1 CONTRA COSTA 32 C*Stars: 072ESAP1 t COLLISION OCCURRED ON: MO DAY YEAR TIMEVA.W) NCIC J I OFFICER I.D. o CUMMINGS SKYWAY 10125195 1900 9320 009158 C A MILEPOST INFORMATION: DAY OF WEEK TOW AWAY PHOTOGRAPHS BY: T WEDNESDAY [)q YES [] NO SGT TABALDI Co N [] AT INTERSECTION WITH: STATE HWY REL OFC NEELEY �P pq oR: . 9 mile (s) S of CROCKETT BLVD. YES M No NONE PARTY DRIVER'S LICENSE NUMBER STATE CLASS SAFETY VEH YR MAKE/MODELlCOLOR LICENSE NUMBER STATE 1 N0661491 CA C G 88 DODGE CARAVAN MAROONDE4B_EAR CA DRIVER NAM E(FIRST,MIDDLE,LAST) P] SELMA GEE JEW DES- STREET ADDRESS OWNER'S NAME SAME AS DRIVER TR `] 1143 STIRLING DRIVE PARKED CITY/STATEiZIP OWNER'S ADDRESS ] SAME AS DRIVER YErf- RODEO CA 94572 BICY- SEX I HAIR EYES I HEIGHT WEIGHT BIRTHDATE RACE DISPO OF VEHICLE ON ORDERS OF: K] OFFICER [ DRIVER []OTHER [ JI F BLK BRN 5-00196 1 0612815 SAVE TOWING (510) 676-3771 OTHER HOME PHONE BUSINESS PHONE PRIOR MECHANICAL DEFECTS: NONE APPARENT P] REFER TO NARRATIVE[] [] (51.0) 799-0837 ( ) NONE CNP USE ONLY DESCRIBE VEHICLE DAMAGE SHADE IN DAMAGED AREA INSURANCE CARRIER POLICY NUMBER VEHICLE TYPE [�UNK [�NONE []MINOR CSAA 11-0824847 01 I []MOD.[]MAJOR �]TOTAL DIR'RV I ON STREET OR HIGHWAY SPD LMT PCF S ICUMMINGS SKYWAY 55 22107 VC PARTY DRIVER'S LICENSE NUMBER STATE CLASS SAFETY VEH YR MAKE/MODEL/COLOR LICENSE NUMBER STATE 2 R0383504 CA C G 85 FORD F-250 GOLD 2R33544 CA DRIVER NAM E(FIRSI',MIDDLE,LAST) K] WILLIAM ROBERT RUSSELL PEDES- STREET ADDRESS OWNER'S NAME �] SAME AS DRIVER "`ft 8400 OLD MELONES ROAD #10 PARKED CITY/STATE2IP OWNER'S ADDRESS P] SAME AS DRIVER vErTL JAME STOWN - CA 95237 BICY- SEX HAIR EYES HEIGHT WEIGHT BIRTHDATE RACE DISPO OF VEHICLE ON ORDERS OF: P] OFFICER [] DRIVER []OTHER c` M BLN GRN 6-05 195l,. 0912, 148 W BAY POINT TOWING (510) 682-5920 OTHER HOME PHONE BUSINESS PHONE PRIOR MECHANICAL DEFECTS: NONE APPARENT K] REFER TO NARRATIVE[] [] (2 0 9) 984-5501 ( ) NONE CHP USE ONLY DESCRIBE VEHICLE DAMAGE SHADE IN DAMAGED AREA INSURANCE CARRIER POLICY NUMBER VEHICLE TYPE []UNK []NONE []MINOR FARMERS 96130643470 2 2 I []MOD.N MAJOR []TOTAL DIR TRV I ON STREET OR HIGHWAY PD LMT PCF S CUMMINGS SKYWAY 55 PARTY DRIVER'S LICENSE NUMBER STATE CLASS SAFETY VEH YR MAKE/MODEIJCOLOR LICENSE NUMBER STATE 3 DRIVER NAM E(FIRST,MIDDLE,LAST) - - [] PEDES- STREET ADDRESS OWNER'S NAME [] SAME AS DRIVER TR ff PARKED CITY/STATEMP - OWNER'S ADDRESS [ ] SAME AS DRIVER VE}il�L BICIIY- SEX HAIR EYES HEIGHT WEIGHT1' BIRTHDATE RACE DISPO OFVEHICLEONORDERS OF: [ ] OFFICER [] DRIVER []OTHER CL{S� OTHER HOME PHONE BUSINESS PHONE PRIOR MECHANICAL DEFECTS: NONE APPARENT[] REFER TO NARRATIVE[ ] [] CHP USE ONLY DESCRIBE VEHICLE DAMAGE SHADE IN DAMAGED AREA [ INSURANCE CARRIER POLICY NUMBER VEHICLE TYPE ]UNK []NONE []MINOR [ ]MOD.[ ]MAJOR []TOTAL ► DIR TRV I ON STREET OR HIGHWAY PD LMT PCP PREPARER'S NAME DISPATCH NOTIFIED REVIEWER'S NAM DATE/-�REVIEWED�� AH I TE J 009158' Yd fIN,, F LNIA STATE OF C.'LIFORNIA TRAFFIC: COLLISION CODING A PAGE 2 OF 12 DATE OF ORIGINAL I CIDENf TIME(2400) NC1C NUMBER OFFICER I.D. NUMBER 10, - 25 - 95 1900 9320 1 009158 110-333 OWNERS NAME/ADDRESS NOTIFIED PROPERTY DESCRIPTION OF DAMAGE DAMAGE SEATING POSITION OCCUPANTS M/C BICYCLE-HELMET SAFETY EQUIPMENT EJECTED FROM VEH 1-DRIVER A-NONE IN VEHICLE L-AIR BAG DEPLOYED 0-NOT EJECTED 2 In 6-PASSENGERS B-UNKNOWN M-AIR BAG NOT DEPLOYED DRIVER I-FULLY EJECTED 7-STA.WGN.REAR C-LAP BELT USED N-OTHER V-NO 2-PARTIALLY EJECTED 12 3 8-RR.OCC.TRK.OR VAN D-LAP BELT NOT USED P-NOT REQUIRED W-YES 3-UNKNOWN 9-POSITION UNKNOWN E-SHOULDER HARNESS USED 4 5 6 0-OTHER F-SHOULDER HARNESS NOT USED CHILD RESTRAINT PASSENGER G-LAP/SHOULDER HARNESS USED Q-IN VEHICLE USED X-NO 7 H-LAP/SHOULDER HARNESS NOT USED R-IN VEHICLE NOT USED Y-YES J-PASSIVE RESTRAINT USED S-IN VEHICLE USE UNKNOWN K-PASSIVE RESTRAINT NOT USED T-IN VEHICLE IMPROPER USE U-NONE IN VEHICLE ITEMS MARKED BELOW WHICH ARE FOLLOWED BY AN ASTERISK(h SHOULD BE EXPLAINED IN THE NARRATIVE PRIMARY COLLISION FACTOR i MOVEMENT PRECEDING LIST NUMBER(1)OF PARTY AT FAULT TRAFFIC CONTROL DEVICES 11213 TYPE OF VEHICLE [1121.3 COLLISION A VC SECTION VIOLATED: CITED JA CONTROLS FUNCTIONING A PASSENGER CAR/STN.WGN. A STOPPED 1 22107 VC NO B CONTROLS NOT FUNCTIONING- B PASSENGER CAR W/TRAILER X B PROCEEDING STRAIGHT B OTHER IMPROPER DRIVING- C CONTROLS OBSCURED C MOTORCYCLE/SCOOTER C RAN OFF ROAD C OTHER THAN DRIVER- X D NO CONTROLS PRESENT/FACI.OR D PICKUP OR PANEL TRUCK D MAKING RIGHT TURN D UNKNOWN' TYPE OF COLLISION E PICKUP/PANEL TRK.W/TLR. E MAKING LEFT TURN —7E—FELL ASLEEP` A HEAD-ON F TRUCK OR TRUCK TRACTOR X I F MAKING U TURN WEATHER(MARK 1 TO 2 ITEMS) B SIDESWIPE G TRK./TRK.TRACTOR W/PLR. G BACKING X A CLEAR C REAR END H SCHOOL BUS H SLOWING/STOPPING B CLOUDY X D BROADSIDE 1 OTHER BUS I PASSING OTHER VEHICLE C RAINING IE HIT OBJECT 1 EMERGENCY VEHICLE J CHANGING LANES D SNOWING F OVERTURNED K HWY.CONST.EQUIPMENT K PARKING MANEUVER E FOG/VISIBILITY: G VEHICLE/PEDESTRIAN I L BICYCLE I L ENTERING TRAFFIC F OTHER*: H OTHER': M OTHER VEHICLE I I M OTHER UNSAFE TURNING G WIND MOTOR VEIDCLE INVOLVED WITH N PEDESTRIAN I N XING INTO OPPOSING LANE LIGHTING A NON-COLLISION O MOPED O PARKED A DAYLIGHT B PEDESTRIAN P MERGING B DUSK-DAWN X C OTHER MOTOR VEHICLE 1 2 3 �N ARK II ASSOTO ITEMS IATED �OR Q TRAVELING WRONG WAY C DARK-STREET LIGHTS D MOTOR VEH ON OTHER ROADWAY A VC SECTION VIOLATION:CITE R OTHER": X D DARK-NO STREET LIGHTS E PARKED MOTOR VEHICLE E DARK-STREET LIGHTS NOT FUNCTION F TRAIN 113 VC SECTION VIOLATION:CITE ROADWAY SURFACE G BICYCLE X 22350 V C NO SOBRIETY-DRUG PHYSICAL X A DRY H ANIMAL: C VC SECTION VIOLATION:CITE 1 2 3 (MARK 1 TO 2 ITEMS) B WET I X I X I JA HAD NOT BEEN DRINKING C SNOWY-ICY 1 FIXED OBJECT: E VIS.OBSCURED: B HBD-UNDER INFLUENCE D SLIPPERY(MUDDY,OILY.ETC.) X F INATTENTION' C HBO-NOT UNDER INFLUENCE ROADWAY CONDITIONS 1 OTHER OBJECT: G STOP&GO TRAFFIC D HBD-IMPAIRMENT UNK.- MARK 1 TO 2 ITEMS PEDESTRIAN'S ACTIONS H ENTERING/LEAVING RAMP E UNDER DRUG INFLUENCE" A HOLES,DEEP RUTS- X A NO PEDESTRIAN INVOLVED I PREVIOUS COLLISION F IMPAIRMENT-PHYSICAL' B LOOSE MATERIAL ON RDWY- B CROSSING IN XWALK/INTERSECTION I 1 UNFAMILIAR WITH ROAD G IMPAIRMENT NOT KNOWN C OBSTRUCTION ON ROADWAY' C CROSSING IN XWALK NOT AT K DEFECTIVE VEH.EQUIP.:CITE H NOT APPLICABLE INTERSECTION D CONSTRUCTION-REPAIR ZONE I I I SLEEPY/FATIGUED E REDUCED ROADWAY WIDTH D CROSSING NOT IN CROSSWALK I I L UNINVOLVED VEHICLE SPECIAL INFORMATION F FLOODED' E IN ROAD-INCLUDES SHOULDER I M OTHER': A HAZARDOUS MATERIAL G OTHER': F NOT IN ROAD I N NONE APPARENT B SEATBELT FAILURE X H NO UNUSUAL CONDITIONS G APPROACHING/LEAVING SCHOOL BUS O RUNAWAY VEHICLE SKETCH MISCELLANEOUS Vii(? DOT Refer to: the MAIT Supplemental Report CR CRy CHP DA PD/SO - - — CT OTHER STATE OF CALIFORNIA AMIL LVJURED/WITNESSES/PASSENGERS PACE 3 OF 12 DATE OF COLL:SION , TIME(2400) NCIC NUMBER OFFICER I.D. NUMBER 10 , - 5 - 95 1900 9320 009158 10-333 EXTENT OF INJURY('X' ONE) INJURED WAS ('X' ONE) WTTNE.S, PASSENGER AGE SEX PARTY SEAT SAFETY EJECTED ONLY ONLY FATAL SEVERE OTHER VISIBLE COMPLAINT NUMBER POS. EQUIP. INJURY INJURY INJURY OF PAIN DRIVER PASS. PED. BIKE OTHER 13 M X X 1 6 C 2 NAME/D.O.B./ADDRESS TELEPHONE CHRISTOPHER LEMAR EDWARDS 08-22-82 H-1135 LANGLEY WAY, MORAGA, CA, 94572 (510) 799-9490 (INJURED ONLY)TRANSPORTED BY: TAKEN TO: CONTRA COSTA COUNTY CORONER' S OFFICE CONTRA COSTA COUNTY CORONER' S OFFICE DESCRIBE INJURIES: FATAL INJURIES, BLUNT-FORCE HEAD INJURIES. CONTRA COSTA CORONER' S CASE . NUMBER #95 1409 . r I VICTIM OF VIOLENT CRIME NOTIFIED 43 1 F X X 1 1 G 0 NAME/D.O.B./ADDRESS TELEPHONE SELMA GEE JEW 06-28-52 H-1143 STIRLING DRIVE, RODEO, CA, 94572 (510) 799-0837 (INJURED ONLY)TRANSPORTED BY: TAKEN TO: CAL STAR HELICOPTER JOHN MUIR HOSPITAL DESCRIBE INJURIES: INTERNAL INURIES AND FACIAL LACERATIONS VICTIM OF VIOLENT CRIME NOTIFIED 14 M X X 1 3 G 0 NAME/D.O.B./ADDRESS TELEPHONE CHRIS JEW 10-21-81 H-1143 STIRLING DRIVE, RODEO, CA, 94572 (510) 799-0837 (INJURED ONLY)TRANSPORTED BY: TAKEN TO: AMERICAN MEDICAL RESPONCE AMBULANCE JOHN MUIR HOSPITAL DESCRIBE INJURIES: FRACTURED LEFT ARM. VICTIM OF VIOLENT CRIME NOTJFTED 47 IM I I X I X I I I 1 1 2 1 _GT 0 NAME/D.O.B./ADDRESS TELEPHONE WILLIAM ROBERT RUSSELL 09-28-48 H-8400 OLD MELONES ROAD #10, JAMESTOWN, CA, 95237 (209) 984-5501 (INJURED ONLY)TRANSPORTED BY: TAKEN TO: AMERICAN MEDICAL RESPONSE AMBULANCE DOCTOR' S HOSPITAL DESCRIBE INJURIES: COMPLAINT OF PAIN TO HIS NECK AND BACK. VICTIM OF VIOLENT CRIME NOTIFIED 1 47 IM NAME/D.O.B./ADDRESS TELEPHONE STEVEN E. NORDIN 12-03-47 ' H-155 DUPERU DR. , CROCKETT, CA, 94525 (510) 787-2865 (INJURED ONLY)TRANSPORTED BY: TAKEN TO: DESCRIBE INJURIES: VICTIM OF VIOLENT CRIME Narmw PREPARER'S NAME LD NUMBERMO. DAY YR. R8V83\VBA.3 NAMS MO. DAY YR. WHITE J 009158 01-24-96 G. 25 STATE OF CALIFORNIA 12 IINJURED/WITNESSES/PASSENGERS PAGE OF DATE OF COLLISION - TIME(24W) NCIC NUMBER OFFICER I.D. NUMBER 10. - 25 - 95 1900 9320 009158 10-333 EXTENT OF INJURY('X' ONE) INJURED WAS ('X' ONE) WITNESS PASSENGER AGE SEX PARTY SEAT SAFETY EJECTED ONLY ONLY FATAL SEVERE OTHER VISIBLE COMPLAINT NUMBER POS. EQUIP. INJURY INJURY INJURY OF PAIN DRIVER PASS. PED. BIKE OTHER 2 M NAME/D.O.B./ADDRESS TELEPHONE SID JENSEN, JR H-746 LORING AVE, CROCKETT, CA, 94525 (510) 787-2717 (INJURED ONLY)TRANSPORTED BY: TAKEN TO: DESCRIBE INJURIES: VICTIM OF VIOLENT CRIME NOTIFIED 3 142 ' IF NAME/D.O.B./ADDRESS TELEPHONE PAT ARRUDA 08-23-53 H-732 SECOND ST. , RODEO, CA, . 94572 (510) 799-2691 (510) 313-6514 (INJURED ONLY)TRANSPORTED BY: TAKEN TO: DESCRIBE INJURIES: VICTIM OF VIOLENT CRIME NOTIFIED NAME/D.O.B./ADDRESS TELEPHONE (INJURED ONLY)TRANSPORTED BY: TAKEN TO: DESCRIBE INJURIES: VICTIM OF VIOLENT CRIME NOTIFIED NAME/D.O.B./ADDRESS TELEPHONE (INJURED ONLY)TRANSPORTED BY: TAKEN TO: DESCRIBE INJURIES: VICTIM OF VIOLENT CRIME NOTIFIED NAME/D.O.B./ADDRESS TELEPHONE (INJURED ONLY)TRANSPORTED BY: TAKEN TO: DESCRIBE INJURIES: VICTIM OF VIOLENT CRDAE NOTIFIED PREPARER'S NAME LD NUMBER MO. DAY YR. REIAMVER S NAME MO. DAY YR. WHITE J 009158 01-24-96 STATE OF CALIFORNIA NARRATIVE/SUPPLEMENTAL • Page 5 DATE OF INC;DENT/OCCURRENCE TIME(2400) NCIC NUMBER OFFICER I.D.NUMBER CASE NUMBER 10/25/95 .1900 9320 9158 10-333 FACTS: Notification: I received this injury collision with ambulance responding call at approximately 1909 hours. Responding from Cummings Skyway at SR-4 I arrived at the scene at approximately 1912 hours. ALL TIMES, SPEEDS,AND MEASUREMENTS ARE APPROXIMATE. MEASUREMENTS WERE TAKEN WITH ROLATAPE AND VEHICLE ODOMETER Scene: In this area Cummings Skyway is a two way, two lane north/south roadway. Trac is separated by double yellow raised bots dots. Both lanes are bordered by painted solid white roadway edge lines and then the lanes are bordered by asphalt paved improved shoulders then improved dirt/gravel shoulders. This section of Cummings Skyway is set in a rural area with no lighting devises and no buildings. South bound traffic has a slight down hill grade and a minor curve to the right. All roadway markings were in good condition. (Refer to the attached supplemental report by Golden Gate Division M.A.I.T report and diagram for roadway measurements and details) Parties: V-1 (Dodge Van): V-1 was located on it's wheels facing in a southeast direction on the dirt/gravel shoulder of the north bound lane. V-1 had sustained major damage to the entire left side starting at the trailing edge of the left front door and ending at the left rear portion of the van and minor damage to the left corner of the front bumper. Refer to the attached M.A.I.T. supplemental report for a more detailed diagram of the damage to V-1. Prepared By: J.M. White, ID 9158 Date: November 10, 1995 STATE OF CALIFORNIA NARRATIVE/SUPPLEMENTAL Page 6 DATE OF INC`DENVOCCURRENCE TIME(2400) NCIC NUMBER OFFICER I.D.NUMBER CASE NUMBER 10/25/95 1900 9320 9158 10-333 Party#Z(S. Jew): Party Al was located in the driver's.seat of V-1 upon my arrival. She was being treated and assisted by the fire and medical personnel. P-1 had her seat belt on, lap/shoulder harness, at the time of this collision. P-1 was identified as the driver of V-1 based on statements, her position in the driver's seat upon my arrival, and injuries she sustained. P-1 was identified by her drivers license. Party#1 (Selma Gee Jew),had a valid California drivers license in her possession. A review of her California drivers license record indicates that she had a valid, class C Non- Commercial, drivers license at the time of the collision. The license, 9N0661419, was issued on May 18, 1994 and was to expire'on her birth date, June 28, 1998. Her record indicates no departmental actions, no convictions, no failure to appears, and no traffic accidents. Her record did indicate that she is required to wear corrective lenses when driving a motor vehicle. She was legally licensed to drive the vehicle she was driving at the time of this collision. Vehicle#2 (Ford P V-2 came to rest on it's wheels facing in a southwest direction on the dirt/gravel shoulder of the southbound lane. V-2 had major damage across the entire front end and minor damage to the trailing edge of the left front fender. Refer to the attached M.A.I.T. supplemental report fora more detailed diagram of the damage to V-2. Party#2 (W. Russell). Party#2 was located standing outside of his vehicle towards the rear of the vehicle upon my arrival. P-2 seat belt, lap/shoulder harness, was in use at the time of this collision based on his statement and evidence of loading on the belt. P-2 was identified as the driver of V-2 based on his statement and statements of the witnesses. P-2 identified himself with a valid drivers license. Party#2 (William Robert Russell), had a valid California drivers license in his possession. A review of his California drivers license record indicates that he had a valid, class C Non-Commercial and M1 motorcycle endorsement at the time of the collision. The license, #R0383504,was issued on October 13, 1995 and was to expire on his birth date, September 28, 1999. His record indicates no departmental actions, a conviction of 21453(a)VC, Failing to stop at a red signal, on March 13, 1995, no failure to appears and no traffic accidents. He was legally licensed to drive the vehicle he was driving at the time of this collision. Prepared By: J. A White, ID 9158 Date: November 10, 1995 STATE Of CALIFORNIA e• NARRATIVE/SUPPLEMENTAL • Page 7 DATE OF.WODENVOCCURRENCE TIME(2400), NCIC NUMBER OFFICER I.D.NUMBER CASE NUMBER 10/25/95 1900 9320 9158 10-333 Injuries• Party #1 (Selma Jew): Selma Jew sustained internal injuries and facial lacerations. She was transported by Cal Star Medical Helicopter from the scene and transported to John Muir Hospital in Walnut Creek. She was later transported to an out of area hospital. Party#2 (William Russell): William Russell sustained complaint of pain to his neck and back. He was transported from the scene by American Medical Response Ambulance and taken to Doctor's Hospital in Pinole, CA. He was treated and released. Passenger#1 (Chris Jew): Chris Jew sustained a fracture to his left arm. He was transported from the scene by American Medical Response Ambulance and taken to John Muir Hospital. He was released after treatment. Passenger#2 (Christopher Edwards): Christopher Edwards sustained fatal injures in.this collision. He was pronounced dead at the scene by Fire personnel and Paramedics. He was removed from the scene by the Contra Costa County Coroner's Office and taken to the county morgue. On October 26, 1995 at approximately 0810 hours, Dr. Brian L. Peterson, M.D. Forensic Pathologist,performed an autopsy: The following injuries were identified during the autopsy: Hinge fracture of skull base. Atlantoocipital disarticulation Curvilinear fracture, posterior fossa Laceration, brain stem Basilar subarachnoid hemorrhage The cause of death was listed as blunt-force head injuries. Dr. Peterson indicated the fatal injury was caused by a sudden lateral speed change from the side impact, and not as a result of the liftgate opening and being ejected out the rear of the vehicle. Prepared By: I M. White,ID 9158 Date: November 10, 1995 STATE OF CALIFORNIA 'NARRATIVE/SUPPLEMENTAL • , Page 8 DATE OF INCIDENT/OCCURRENCE TIME(2400) NCIC NUMBER OFFICER I.D.NUMBER CASE NUMBER 10/25/95, 1900 9320 9158 10-333, Physical Evidence: Refer to the attached M.A.I.T. supplemental report for a list and location of all physical evidence at the scene. Photographs: Sgt F. Tabaldi, ID 6790, took approximately 31 photographs of the scene, both vehicles at their point of rest,physical evidence at the scene and of the victims. These photographs were taken on 10/25/95 at the collision scene. Refer to the attached M.A.I.T. supplemental report for additional photographs taken. STATEMENTS: Parij#1: Due to her injuries,no statement was obtained at the scene. She was later transferred to an out of area hospital. On January 17, 1996 at approximately 1415 hours a statement was obtained via telephone. She related the following: She stated that she was SB Cummings Skyway at 45 MPH. She had entered Cummings Skyway from I-80 and was on her way to go star gazing. Since she came on Cummings Skyway from I-80 she stated that she had been behind a blue sedan. While driving on Cummings. Skyway behind the blue sedan,they were passed by two other vehicles around Crockett Blvd. She stated that she started down the hill and saw the people she was going to meet. They were stopped on the right shoulder of the NB lane. She continued to state that she pulled to the right onto the dirt shoulder as the vehicle ahead of her kept going. She stated that she waited about a minute watching traffic. She looked over her left shoulder and did not see any traffic. She did not recall if she used her turn signal, and started her U-Turn when the kids, both passengers, yelled at her to watch out: She looked to the right, thinking there was a car coming from that direction. She then got hit and did not remember anything else. Prepared By: J.M. White, ID 9158 Date: November 10, 1995 STATE OF CALIFORNIA NARRATIVE/SUPPLEMENTAL • . Page 9 DATE OF INCIDENVOCCURRENCE TIME(2400) NCIC NUMBER OFFICER I.D.NUMBER CASE NUMBER 10/25/95 1900 9320 9158 10-333 PaM#2: His statement was obtained at the scene of the collision. He stated that he had gotten off work at 1700 hours on 10/25/95. He went to his apartment in Crockett, where he stays during the week. He read some mail and relaxed while waiting for commute traffic to lighten up. A little before 7:00 p.m. he set out for Martinez. He stated that he was south bound on Cummings Skyway traveling at approximately 55 mph. He stated that while he was south bound Cummings Skyway there was a vehicle ahead of him approximately 400 yards also south bound and it appeared to him to be traveling the same speed as he was and he noticed nothing unusual. He stated that as he came around a curve the van, V-1,was sideways across his lane. It was so dark that the vehicle was like a shadow and he was not sure if it had it's lights on. There was not even time for him to brake before he hit the van. He further stated that after he came to a stop he saw other people assisting the occupants of the van so he stood by his truck. He further stated that he does not use alcohol or drugs. He also added he did not observe the vehicles on the other side of the road prior to the accident. Witness#1 (Steven Nordin.;. His statement was obtained at the scene and he was interviewed a second time on November 7, 1995 at his residence. The.following is a summary of his statement. He related that he was taking his daughter and friend to a school outing. They were en- route to a hill above Cummings Skyway. They were going to study and look at the stars. To get to the hill a fire gate was required to be unlocked so they could proceed to the top of the hill. He had arrived at the location, fire road# 78-14,.and parked his vehicle facing north bound on the dirt/gravel shoulder of the north bound lane. He got out of his vehicle and walked to the gate, where Witness#2 was in the process of unlocking the gate. He and witness#2 had their backs to the roadway when they heard the sound of the collision. Both ran towards the vehicles and saw P-2 get out of his vehicle so they went to the aid of the victims in V-1. He stated that P-1 was also going to this outing with her son, R/F passenger and another classmate, R/R passenger. He stated that he did not see either vehicle prior to the collision and he did not hear any skidding prior to the impact. He identified both drivers at the scene. Prepared By: J. M.White, ID 9158 Date: November 10, 1995 STATE OF CALIFORNIA C. ZS NARRATIVE/SUPPLEMENTAL • ` Page DATE OF INCiDEN1'/OCCURRENCE TIME(2400) NCIC NUMBER OFFICER I.D.NUMBER CASE NUMBER 10/25/95 1900 9320 9158 10-333 Witness #2 (Sid Jensen)Li His statement was obtained at the scene of the collision. The following is a summary of his statement: He related that he is a fireman for the Crockett Fire Dept. He went to the scene where this collision occurred to open a gate for the students that would allow them to go up a fire road. He stated that the gate was on fire road#78-14. He related that he was at the gate with Mr.Nordin, (Witness#1), when he heard the sound of the collision. He stated that he did not see or'hear either vehicle prior to the impact. He also stated that he did not hear any skidding from any vehicle prior to the impact. After the impact he ran to the scene to assist. He stated that he went to the van, V-1 and assisted with the injured there. Witness #3 (Pat Arruda): Her statement was obtained on January 22, 1996 at approximately 1830 hours. The statement was obtained by Officer J.Neeley via telephone. On January 17, 1996 is when the CHP became aware that she was a witness. Her name and telephone number were provided to the CHP by Party #1. She stated that she was driving her vehicle with her 13 year old son, Brian Knudysek, with her. She was also going star gazing with Party 91. She stated that when she passed the location of the fire road,there was no one there. She continued SB and turned around at the end of the road, at SR-4. She then returned NB and found several vehicles had stopped at the location. She stopped on the right shoulder of the NB lane behind the other vehicles. She stated that she was there only a very short time,5 seconds,when P-1 approached her location going SB on Cummings Skyway. She saw P-1 wave to the person in the car ahead of her then she slowed down, went past her and suddenly made a U-Turn directly in front of the truck. She stated that she didn't think the P-1 had stopped before making her U-Turn and she stated that P-1 started her U-Turn from the SB lane and not the right shoulder. Prepared By: J.M. White,ID 9158 Date: November 10, 1995 STATE MJF CALIFORNIA C. . 26 NARRATIVE/SUPPLEMENTAL • Page 11 DATE OF INCIDENT/OCCURRENCE TIME(2400) NCIC NUMBER OFFICER I.D.NUMBER CASE NUMBER 10/25/95 1900 9320 9158 10-333 OPINIONS AND CONCLUSIONS: Summary: Parry#1 (Selma Jew)was driving V-1 south bound on Cummings Skyway. In her vehicle were her son(Chris Jew) seated in the right front seat and a friend, (Christopher Edwards) who was seated in the right rear seat position at the rear of the van. All three were wearing seat belts. All of the occupants of V-1 were to meet with other students and adults for a star studying outing. All were to drive up a fire access road to a location on top of a hill on the east side of the.roadway. Party#2 (William Russell) was driving V-2 and had left the Crockett area and was en- route to the Martinez area and he was also south bound on Cummings Skyway behind P-1 slowed her vehicle and pulled onto the right shoulder and gravel. P-1 was turning around to meet the others who were parked on the.right shoulder facing northbound. P-1 either came to a stop or slowed before making her U-turn. ,P-2 was still south bound on Cummings Skyway approaching V-1 between 61 to 62 mph. P-1 continued to make her U-turn, accelerating between .5 and 4.5 mph. P-1 failed to see V-2 approaching her location. P-1 pulled out in front of V-2 and P-2 did not have time to apply his brakes but did start to steer to the right to avoid V-2. V-2 struck the left side of V-1 which caused V-1 to rotate in a counter clockwise direction. As the two vehicles separated, the left front of V-1 struck the trailing edge of V-2's left front fender. V-2 continued towards the right with braking and came to a stop on the right shoulder. V-1 continued to rotate in a counter clockwise direction, crossing the north bound lane and the east shoulder. V-1 came to rest on the east edge of the gravel shoulder. Point of Impact: T01 #1: V-1(left side)Vs V-2 (front) was determined by skid marks, scrape and gouge. marks, as being approximately .9 mile south of CrockettBlvd. and approximately 7 feet east of the west roadway edge line, within the south bound lane. .POI#2: V-1 (left front bumper) Vs V-2 (trailing edge of the left front fender) was determined by skid marks, scrap and gouge marks, as being approximately 20 feet south of POT 91 and approximately 10 feet east of the south bound roadway edge line also within the south bound lane. Prepared By: J. M.White,ID 9158 Date: November 10, 1995 STATE OF CALIFORNIA NARRATIVE/SUPPLEMENTAL Page 12 DATE OF INCIDENVOCCURRENCE TIME(2400) NCIC NUMBER OFFICER I.D.NUMBER CASE NUMBER 10/25/95 '1900 9320 9158 10-333 Intoxication: Neither Party displayed any symptoms of intoxication at the scene. Cause: Party#1 (Selma Jew) caused this collision by being in violation of vehicle code section: 22107 CVC: Unsafe turning movement. Inattention on the part of P-1 was an associated factor to the cause of this collision as she failed to see V-2 approaching from behind before she made her turning movement. Parry#2 (William Russell)was traveling at approximately 61 to 62 mph in a posted 55 mph zone in violation of 22349 VC. His speed was an associated factor to the cause of this collision. RECOMMENDATIONS: This report be submitted to the Contra Costa District Attorneys Office for review and prosecution of P-1 (Selma Jew) for violation of 192 (c)(2) P.C. Vehicular Manslaughter without gross negligence (misd). Prepared By: J.A White,ID 9158 Date: November 10, 1995 DEPARTMENT OF THE CALIFORNIA HIGHWAY PATROL NARRATIVE/SUPPLEMENTAL CHP 556(Rev 7-90)OPI 320 DATE OF INCIDENT/OCCURRENCE TIME(2400) NCIC NUMBER OFFICER I.D.NUMBER REPORT# PAGE# 10-25-95 1900 9320 9158 10-333 S-1 CITY/ COUNTY/JUDICIAL DISTRICT BEAT. CITATION UNINC/CONTRA COSTA BAY MUNI 32 NUMBER LOCATION/SUBJECT STATE HIGHWAY RELATED. CUMMIHNGS SKYWAY .9MI S/CROCKETT BLVD. YES 1 CORRECTION: 2 On 01/25/96 I was contacted by Price Hobert,the Grandfather of Passenger(Edward's), who stated that this 3 report had Edward's address incorrect. He stated that Edward's correct address is: 4 1135 LANGLIE WAY 5 RODEO CA 94572 6 (510) 779-9490 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 PREPARER'S NAME AND I.D.NUMBER DATE REVIEWF1t'S NAME DATE M.WALKER S.T.O. 9919 1/25/96 C.zS CAgE# / NAS R�p �gT ................ G FRMS pN`I co NTIoN Irvv OP N GELD ^EPaRTH SNr of .a:,:—Nxa xt^,xwar PATROL - DATEOFCOLIISION TIME(2400)_ N MBER OFFICER I.D. CASE\l.,"MBER MULTIDISCIPLINARY ACCIDENT INVESTITION TEAM NARRATrVE/DIAGRAM ( 10-25-95 1900 ! 9�0 9158 10,33 01 GL-062-95 SUPPLEMENTAL This limited investigation was conducted by the California Highway Patrol (CHP) Golden Gate Division Multidisciplinary Accident Investigation Team(MAIT). MALT PERSONNEL: Officer D'. Fox, ID 11601, Golden Gate MAIT Investigator (D.F.) Officer W. Brewer, ID 10025, Golden Gate MAIT Investigator(W.B.) Officer J. Neeley, ID 8100, MAIT Associate (J:N.) OTHER PERSONNEL ASSIGNED: Officer J. White, ID 9158, Contra Costa Area CHP (J.W.) SUBPOENAS FOR MAIT PERSONNEL SHOULD BE MAILED TO: California Highway Patrol Golden Gate Division Investigative Services Unit Attention: Sergeant Terry Morris 1551 Benicia Road Vallejo, CA 94591 CHP 558 (2-94) OR 042 (MAIT use only) ]'p AR TM5NT ]F CALIFORNIA HIGHWAY PATROL _U—T_Z—O_—CO—IIS_ION !i\SE\'LMBER PAGE —_ MULTIDISCIPLINARY ACCIDENT INVEST ION TEAM , NARRATIVE,'DIAGRAM 10-25-95 1 1900 9158 10-333 0 2 j , INTRODUCTION MAIT Notification On Tuesday, October 29, 1995, Golden Gate MAIT received a request from the Contra Costa Area CHP Office for assistance in the investigation of an fatal traffic collision that occurred on October 25, 1995. The collision involved a 1988 Dodge Caravan and a 1985 Ford F-250 pick up truck. The collision occurred on Cummings Skyway approximately .9 mile south of Crockett Blvd. in the unincorporated area of Contra Costa County. A Dodge Caravan made a U-turn in front of the Ford pickup truck. The Caravan was struck in the left side by the Ford pickup. The collision resulted in fatal injuries to.a passenger of the Caravan, major injuries to the driver and another passenger,and minor injuries to the driver of the Ford pickup truck. MAIT Response: On October 30, 1995, Golden Gate MAIT Investigator W. Brewer, ID 10025, and Golden Gate MAIT Associate J. Neeley, ID 8100, responded to the Contra Costa Area CHP. Investigating Officer J. White, ID 9158, met with MAIT Investigators, and all responded to the scene of the collision to collect the required evidence. On October 31, 1995, Investigators Brewer and Neeley responded to Save Tow, 4075 Folsom Ct.,_ Concord, CA. and examined the involved vehicles. Issues: This MAIT Investigation will be limited to.the following issues: 1. Preparation of physical evidence and dynamics diagram. 2. Speed calculations of involved vehicles. 3. Examination and analysis of the rear liftgate latch mechanism of the Dodge Caravan. CHP 558 (2-94) OR 042 (MAIT use only) OB PAR TM6YT OF :AL:FO RN:A HIGHNAY PATROL N ER 0 UA'(T,(JF COIIISI<JN TI+AEI2iU)) ! �1BICER I.D. CASE V'U',18FR PAGE NAPLRAT MULTIDISCIPLINARY IVE/D GRAM ACCIDENT INVESTOIION TEAM 10-25-95 1900 I � j 9158 10-333 i 0 3 x.25 TABLE OF CONTENTS Subliect EAU Completed by Face page(s) 1 J.N. Table of Contents 2 J.N. Introduction/Response/Issues 3 J.N. Physical Evidence Description 4 - 12 J.N. Physical Evidence Diagram 13 J.N. Vehicle Damage Profiles 14 - 15 W.B. Latch Analysis 16 D.F./J.N./W.B. Photo Log 17 - 18 J.N. Calculations 19 - 27 D.F./J.N./W.B. Dynamics Diagram 28 J.N. Conclusions 29 D.F./J.N./W.B. CHP 558 (2-94) OPI 042 (MATT use only) DEPARTlfENT C?CALIFORNIA 92GRWAY PATROL DATE OF COIS1510N i TIME(2900) NCIC S18ER OFFICER I.D. . CASE NUMBER PAGE NAULTID194CIPLINARYACCIDENT INVEST ION TEAM NARRATIVE/DIAGRAM 10-25-95 1900 9158 10-333 041 C. 25 PHYSICAL EVIDENCE LOCATION INTRODUCTION: The collision scene was surveyed on October 30, 1995. The equipment utilized was a Wild T-1610 Theodolite and an optical reflector. Investigator W. Brewer, ID 10025, operated the instrument, while Sergeant T. Morris, ID 7809, operated the optical reflector rod. Notes on the survey were recorded by Investigator J.Neeley, ID 8100. The instrument was setup on the east side of Cummings Skyway just south of fire road #78-14. A backsight was located using a telephone/power pole on the west side of Cummings Skyway with an azimuth input of 0°00'00". The point numbers are a sequential series of numbers assigned to each item of physical evidence as it is surveyed. All of the locations are referenced from the initial origination point of the Theodolite with data points (X,Y -.Cartesian coordinate system) measured in units of feet. The original point of the instrument was designated as 1000.00 feet east.and 2000.00 feet north. PHYSICAL EVIDENCE DESCRIPTION: The physical evidence described in this section corresponds with the lettered items in the Physical Evidence Location and the Physical Evidence Diagram. At the scene of this collision, Cummings Skyway extends southward in a true compass direction of southwest by west. For the purposes of this section, true compass directions.will be disregarded and references will reflect Cummings Skyway in.a north-south alignment. Vehicle Points of Rest: Vehicle#1 (1988 Dodge Caravan Van):. Vehicle#2 (1985 Ford F-250 Pickup): Both vehicles were placed in the diagram, at their points of rests, based on the physical evidence and original measurements obtained from CHP Officer Tillman, ID 10056. ITEM A, This item was a 1.9 foot long gouge that was located within the southbound traffic lane. The gouge extended in a straight line in a south-southeasi direction. The at-impact gouge was made by the undercarriage of Vehicle#1. CHP 558 (2-94) OR 042 (MAIT use only) DEPARTNHNT Q?CALI?ORNIA HIGHWAY PATROL DATE OFCOLIISION TIME(_1400) NCI SER OFFICER ICASE M7MBER RAGE MULTIDISCIPLINARY ACCIDENT INVES710TION TEAM 10-25-95 19000 I 9158 I 10-333 0 5 1 NARRATIVE/DIAGRAM r PHYSICAL EVIDENCE DESCRIPTION- continued: ITEM B: This item was a side skidmark that originated near the painted edge line adjacent to the southbound traffic lane. The skidmark arched to the left as it extended in a south by east direction and terminated at the center line of the roadway. This skidmark was 29.2 feet long and was deposited by the left rear.tire of Vehicle #1. The tire and wheel had broken free of Vehicle#1 but was trapped in the left rear wheel well. ITEM C: This item was a 1.5 foot long side skidmark that originated near the painted edge line adjacent to the southbound traffic lane. The skidmark extended in a southerly direction and terminated at the beginning of skidmark B.. This skidmark was deposited by the left rear wheel of Vehicle #1. ITEM D: This item was a .3 foot long gouge mark that was located within the southbound traffic lane. The gouge extended in a southerly direction. This gouge mark was deposited by the undercarriage of Vehicle#1. ITEM E: This item was a .4 foot long gouge mark that was located within the southbound traffic lane. The gouge extended in a southerly direction. This gouge mark was deposited by . the undercarriage of Vehicle #1. ITEM F. This item was a 54.6 foot long locked wheel skidmark that was located within the southbound lane. The skidmark extended in a south by west direction as it arched to the right. The skidmark terminated at the edge of the asphalt on the west side of the roadway. This skidmark was deposited by the right front tire of Vehicle#2. ITEM CG: This item was a 5.2 foot long side skidmark that was located within the southbound lane. The skidmark extended in a southerly direction and terminates near the center line of the roadway. This skidmark was deposited by the right front tire of Vehicle#1. CHP 558 (2-94) OPI 042 (MATT use Only). DE ARTHENT OF CALIFORNIA HIGHWAY PATROL DATE OF COIIISIONTIME(2400) NCI MBER OFFICER I.D. CASE NUMBER PAGE MULTIDISCIPLINARY ACCIDENT INVES�TION TEAM 10-25-95� 1900 I �0 9158 10-333 0 NARRATIVE/DTAGRAM b �. Z5 PHYSICAL EVIDENCE DESCRIPTION - continued: ITEM Hj This item was a 2 foot long locked wheel skidmark that was located within the southbound traffic lane. The skidmark extended in a south by west direction. This skidmark was deposited by an undetermined tire and may not be related to this collision. ITEM 1: This item was a 2" long gouge mark located within the southbound traffic lane. This gouge mark extended in a southerly direction and was deposited by the undercarriage of Vehicle#1. • ITEM 7: This item was a .3 foot long gouge that was located within the southbound traffic lane. This gouge extended in a southerly direction and was deposited by the undercarriage of Vehicle#1. ITEM K- This item was a .4 foot long gouge mark located within the southbound traffic lane. This gouge mark extended in a westerly direction and was deposited by the undercarriage of Vehicle#1. ITEM L�: This item was a 17.7 foot long locked wheel skidmark that was located within the southbound traffic lane. This skidmark extended in aL south by west direction as it arched to the right. This skidmark was deposited by the left front tire of Vehicle#2. ITEM M* This item was a 15.4 foot long tire track that was located within the southbound traffic lane. The tire track extended in a south by east direction as it arched to the left. The tire mark terminated near the white edge line of the northbound traffic lane. This Lire mark was not deposited by any vehicle involved in this collision and was most likely deposited by a turning fire truck. CHP 558 (2-94) OR 042 (MAR use only) �s ]RPART4R4T OF CALIFORNIA H:OH4AY PATROL ! DA"IEUFCOLLISION TMIE124001 1 NCI MBER OFFICER I.D. (-'-SE NUMBER PAGE MULTIDISCIPLINARY ACCIDENT INVESTOTION TEAM NARRATIVE/DIAGRAM 10-25-95 19000 9158 10-333 07 ! ' �. 25 PHYSICAL EVIDENCE DESCRIPTION- continued: ITEM N: This item was a 18.8 foot long tire track that was located within the southbound traffic lane. The tire track extended in a south by east direction as it arched to the left. The tire mark terminated near the white edge line of the northbound traffic lane. This tire mark was not deposited by any vehicle involved in this collision and was most likely deposited by a turning fire truck. ITEM O: This item was a 41.6 foot long side skidmark that was located within the southbound lane near the center line. The skidmark extends in a south by east direction and terminates on the northbound asphalt shoulder. This.side skidmark was deposited by the rotating left front tire of Vehicle #1. ITEM P: This item is a 34.8 foot long gouge mark that was located in the northbound traffic lane near the center line. The gouge mark extended in a south by east direction and terminated on the asphalt shoulder of the.northbound traffic lane. This gouge mark was deposited by the broken axle of the left rear wheel of Vehicle#1. ITEM O: This item was a 14.9 foot long trail of dried blood that was located on the asphalt shoulder of the northbound traffic,lane. The trail extended in a south by west direction and terminated within the northbound traffic lane. This trail was deposited by the rear passenger, Victim Edwards, of Vehicle#1. ITEM R. This item was a 22.7 foot long trail of dried blood that was located within the northbound traffic,lane near the edge line. The trail extended in a south by east direction as it arched to the left and terminated within the asphalt shoulder of the northbound traffic lane. This trail was deposited by the rear passenger, Victim Edwards, of Vehicle #1. l CHP 558 (2-94) OPi 042 (MATT use only) DEPARTMENT OF CALIFORNIA HIOHRAY PATROL DATE OF COl1.ISION TIM 240o) NCI FIBER OFFICER I.D. ' CASE NUMBER PAGE MULTIDISCIPLINARY ACCIDENT INVESTIqION T TE/DIEAM 10-25-95 1900 i 9158 10-333 1 081 PHYSICAL EVIDENCE DESCRIPTION- continued: ITEM S: This item was a 3.8 foot long trail of dried blood that was located on the dirt shoulder sof the northbound traffic lane. The trail extended in a south by east direction and terminated within the dirt shoulder of the northbound traffic lane. This trail was deposited by the rear passenger, Victim Edwards, of Vehicle#1. ITEM T: This item was a 10.1 foot long trail of dried blood that was located on the dirt shoulder of the northbound traffic lane. The trail extended in a south by east direction and terminated within the dirt shoulder at the rear of Vehicle #1's point of rest. This trail was deposited by the rear passenger, Victim Edwards,of Vehicle#1. ITEM U: This item was a 17.2 foot long locked wheel tiremark in the dirt shoulder of the . southbound traffic lane. The tire mark extended in a south by west direction and was deposited by the left front tire of Vehicle#2, terminated at the point of rest of Vehicle#2. ITEM V: This item was a. 15.9 foot long locked wheel tiremark in the dirt shoulder of the southbound traffic lane. The tire mark extended in a south by west direction and was deposited by the left rear tire of Vehicle#2,terminated at the point of rest of Vehicle#2. ITEM W: This item was a 25 foot long locked wheel tiremark in the dirt shoulder of the southbound traffic lane. The tire mark extended in a south by west direction and was deposited by the right front tine of Vehicle #2,terminated at the point of rest of Vehicle#2. ITEM X: This item was a 14.6 foot long locked wheel tiremark in the dirt shoulder of the southbound traffic lane. The tire mark extended in a south by west direction and was deposited by the right rear tire of Vehicle #2, terminated at the point of rest of.Vehicle #2. CHP 558 (2-94) OPI 042 (MAIT use only) Da PAa Tn6NT BF ::AL:iORN:A 4I OH'.Az PATROL , UA- OFCOUSION TIMIE(2i00) -� NC UMBER OFTICER I.D. CSE NU Wiff PAC,E--- MULTIDISCIPLINARY ACCIDENT INVESTION TEAM ' NARRATIVE/DIAGR" 10-25-95 1 1900 0 9188 i 10-333 �• Z5 PHYSICAL EVIDENCE LOCATION: }:. a1 :: :.,:::r ,,, �?n .1 .{C ti{.}::::•i::tivi': :}i:{ •}}}}:•:•}:?:?v}::::•}}iy:;v:rr:%ri%?C%C{?:j;}{i:;:;:`::n'xii .:.{ {i:h ...�.\":....... �..v..;....vin.?ti; •ns\\ vn Y•}:?ti%'r{%:• r:::...}:}�%'}}}%4%:.i.{.x}:r:}?"y;T,r•%. v'•};}{'v,?:.:ti4:}w /r.. :.. .?:> 1 1000.0000 2000.0000 Origination Point 100 682.3905 2015.5414 E/Edge of the dirt shoulder 101 684.6077 2028.9620 E/Edge of the asphalt 102 686.0153 2035.3115 E/Roadway edge line 103 687.8155 2048.7612 Center line 104 690.3490 2062.6819 W/Roadway edge line 105 691.4249 2069.5184 W/Edge of the asphalt 106 694.7585 2082.1097 W/Edge of the dirt shoulder 1.07 732.9547 2076.4227 " 108 730.3305 2063.7375 W/Edge of the asphalt 109 729.1235 2057.2116 W/Roadway edge line 110 726.1622 2043.1879 Center line 111 725.0471 2029.5566 E/Roadway edge line 112 724.4867 2022.6527 E/Edge of the asphalt 113 723.0873 2010.4134 E/Edge of the dirt shoulder 114 829.9557 1991.9760 it " 115 833.7050 2008.5745 E/Edge of the asphalt 116 834.7812 2015.1096 E/Roadway edge line 117 836.5280 2028.5386 Center line 118 838.2681 2042.7801 W/Roadway edge line 119 838.8605 2049.3926 W/Edge of the asphalt 120 841.8707 2062.9717 W/Edge of the dirt shoulder 121 901.1700 2058.4330 of " 122 901.4080 2044.6876 W/Edge of the asphalt 123 901.1360 2037.8179 W/Roadway edge line 124 899.7312 2023.3159 Center line 125 898.2431 2010.5081 E/Roadway edge line 126 898.0762 2003.3 896 E/Edge of the asphalt 127 898.5738 1983.1302 E/Edge of the dirt shoulder 128 1007.8632 1984.6948 if of of 129 1009.4785 2003.6035 E/ Edge of the asphalt 130 1009.8413 2010.7727 E/ Roadway edge line 131 1009.4822 2023.9031 Center line 132 1007.1175 2037.4021 W/Roadway edge line 133 1007.4284 2044.4392 W/Edge of the asphalt 134 1006.3319 2056.9583 W/ Edge of the dirt shoulder 135 1095.6104 2066.2107 " CHP 558 (2-94) OPI 042 (MATT use only) JRPARTMSNT GR CAL-R-A H:GHHAT ?ATR:_ DAFE UFc=cJLLISIUN i'fI�1E(2-H)O) 11( Ut{BER OFFICERLD. CASE VUMHEA {'AGE MULTIDISCIPLINARY ACCIDENT INVES�TION TEAM 10-25-95. 1900 0 9158 10-333 1 Q ; NARRAM1,DIAGRAM ; /.•:. \\ f:•::v:n.•:r:;.. v.... ::::.:::w:vv;v;.:v:w;:•:.w:::::•:v:•:.•.v v: 5.\ /? i::$;}::}'}::i::}iij'::T:••:,vi.{:..v••i:,...;.:...ti..v4�.r::.v:n}'Y:}'l::ti' .}::\•v ii:Cii>.:?}:$i.4:':: ::•.\.:.\\...�.1{ x•.4\+i'F.{r..:4i%•• 1x•'v'• ....... :...... ^h �... �....... ':. Trl ::`.'i ' .. .... ...�:'irr'v yr{{ffF Fi•:r +n4v. ♦..\:v::}::::•::::::::::•:;} :•i:�F: F�*v •.v.•..'•'.�•.•'.'.';i::: •.v\•x:v:.•::::: •.v ::;v:{:v;:5.}}nvrvx.;vr•n\��:f.\\\�'{'iti{�.?. ::v \m v.�.\ ''''•'�:•'.•:::: v:.�•.••:�•.•.•.'•S:%;:::+ti:: }$'f.:::it\v:n:::v::::.vv:>::v\vv{•x::.v:x::::..v:Y'i::i: :..,+v{.'}}n:.vxF:.•.4r}:v\7•.v r'\v���v.:v�:v^:ri•\v}•:r•.+U iv\ v:� 136 1095.7718 2052.2291 W/Edge of the asphalt 137 1096.7219 2046.0534 W/Roadway edge line 138 1100.3022 2032.4316 Center line 139 1101.6867 2019.0092 E/Roadway edge line 140 1102.8085 2012.3750 E/Edge of the asphalt 141 1105.5723 1995.8162 E/Edge of the dirt shoulder 142 1247.7049 2012.7011 ti " 143 1246.1529 2030.9824 IT/Edge of the asphalt 144 1245.3474 2037.4801 E/Roadway edge line 145 1243.6326 2050.9468 Center line 146 1243.6396 2065.2501 W/Roadway edge line 147 1241.8919 2071.6427 W/Edge of the asphalt 148 1239.2880 2085.0289 W/Edge of the dirt shoulder 149 901.3151 2033.1776 Begin scrap mark A 150 899.3547 2033.4206 End of scrap mark A 151 898.0927 2036.2180 Begin tire mark B 152 892.7137 2035.4873 B continued 153 884.0866 2032.6728 " 154 877.1525 2028.7414 " 155 871.7046 2024.7987 End of tire mark B 156 898.8705 2034.9682 Begin Tire mark C (ends at#155) 157 898.0074 2035.3131 Begin scrape mark D 158 897.8517 2035.5507 End of scrape mark D 159 896.1869 2035.4094 Begin scrape mark E 160 896.0258 2035.8040 End of scrape mark E 161 893.8476 2033.4777 Begin tire mark F 162 879.4844 2034.5851 F continued 163 869.1441 2036.8785 " 164 856.6620 2041.0241 " 165 848.4666 2045.0133 " 166 842.2752 2049.0277 End tire mark F. Begin tire marks X and Y 167 831.1658 2058.4558 End of tire mark X 168 830.6383 2057.7993 Y tire mark continued 169 823.2161 2065.1801 End of tire mark Y 170 895.9593 2025.3608 Begin tire mark G 171 890.7507 2025.0471 End of tire mark G 172 888.7799 2030.8307 Begin fire mark H 173 886.8207 2031.0821 End of tire mark H 174 882.2464 2030.6804 Gouge mark I (2" long) 175 874.7976 1 2031.9997 Begin gouge mark J CHP 558 (2-94) OPI 042 (MAIT use only) DEPARTMENT JP .:ALI-RN:A 41-WAY PATROL 6AfI OFCOWSION TIME(2400) WMI3FR OFFICER I.D. CASE NUMBER PAGE MULTIDISCIPLINARY ACCIDENT INVESTION TEAM NARRATrVE,IDIAGRAM W 1 10-25-95 1900 20 9158 10-333 I 1 C'.25 ;4..• ,y. i:'f'. \tk>}Y.t \4.'•:i{n\4}\. i:•::%:Y'::ji:'r: :..�$.,�.. .�... ..f..::....: ...:{i'•.4v,}. X1.4. y .:nkk•}4r r.4\�. \++ r.f...vn v:%4: yn�:::i v•}.tk�/:''• •:{�. :k�riit Y':•. . ? • n •.:•:ti w.. :Y•ki::k\\;•?•}f.rn•+ .•.:a:+•} �`''•::''t'••:'. a./�•r.,••. .}::.. } y .y ., ...r. .r........ ::... :::::.::::::::::::..:::::::::::::.. ::�•.�\�...v.:::a•:.•}Ynttt.}}}:,}:�:.:{\.:.........+.Kk•:,•:\.....:,�\+.a4�v:.:�:•}:as:•}ti�.:., h}.:: 176 874.4852 2032.1392 End of gouge mark J 177 873.8561. 2032.4586 Begin scrape mark K 178 873.6959 2032.1300 End of scrape mark K 179 873.2081 2030.0223 Begin tire mark L 180 865.1783 2032.0970 L continued 181 859.3593 2034.0311 " 182 856.3079 2035.2292 End of tire mark L 183 869.8814 2030.2137 Begin tire mark M . 184 866.4381 2027.5574 M continued 185 864.4347 2025.5854 " 186 861.7753 2021.2981 " 187 860.6924 2018.3216 End of tire mark M 188 874.4065 2027.5797 Begin tire mark N 189 870.3503 2025.1205 N continued 190 866.3833 2020.7360 " 191 865.1275 2017.8667 " 192 864.7379 2012.8621 End of tire mark N. 193 862.8369 2027.1915 Begin tire mark O 194 856.1241 2025.6073 O continued 195 847.4292 2023.0605 " 196 840.5923 2020.3342 " 197 836.0520 2018.7149 " 198 828.5233 2015.8722 " 199 826.0797 2015.1498 " 200 823.2533 2014.7495 End of tire mark O 201 863.8966 2024.4868 Begin gouge mark P 202 861.4826 2023.0625 P continued 203 857.9218 2020.8811 204 854.7222 2018.7981 " 205 853.1672 2017.6084 " 206 851.1024 2016.0455 " 207 849.3665 2014.8700 " 208 847.1073 2013.7350 209 845.8172 2013.0690 " 210 844.4717 2012.4027 " 211 841.2653 2011.3473 212 838.0302 2011.1761 " 213 833.0282 2012.5604 End of P and parallel mark 214 .841.3927 2009.4469 Begin blood trail Q 215 836.4998 2012.3973 Q continued CHP 558 (2-94) OR 042 (MAIT use only) J6PAR TY 6NT OP CALIFORNIA HIGHWAY PATROL DANT.OF COILSION TIME(2400) N NUMBER OFFICER I.D. CASENUMBER PAGE MULTID I CIPLINAR M CCIDENT INVESIOTION TEAM 10-25-95 1900 40 9158 10-333 1 12 NARRA , 25 .h 1+:......• ,?, Q'.'.<23. t�; .y;.. .:"L:••:.:•''w; :r,+:•:,.Y,„h,:<;f,:;y+:.:,:t:";�,',>S� ;'+.•f!,'''�•/::r .i.�?: '��;: .':t' �;;�::2��,�kv::..�\:f.:?'r•.:.,r".:�•iiai. z St. �`• !f \ . �•+fib• `'`2�x•9•`,:i.`Y"f a}f fw{4 \\\\ :: •nlf9{ }i,�y� t f \ L\� ;• ,u,, l�i0!/{�\y Y .,::+..' \f`:... .. ..,.. � '` •:.:: .t�:::}lhY.::+Rafa.:,v.w:��: '}:;4:} ::.} :a2y+'�i��%�4.. � �r ';k' i:;.t` -Y,:•. •,!. 216 833.1253 2016.3965 Q continued 217 829.5505 2018.0695 End of blood trail Q 218 826.3286 2016.4372 Begin,blood trail R 219 818.6418 2016.6130 R continued 220 812.0263 2015.6414 if " 221 804.2910 2012.4368 End of blood trail R 222 801.1521 2010.8137 Begin blood trail S .223 797.6502 2009.0845 End of blood trail S 224 796.5922 2007.5426 Begin blood trail T 225 792.4853 2005.1752 T continued 226 789.4106 2000.7443 . End of blood trail T 227 831.7919 2050.0536 Begin tire marks U and V 228 827.8313 2054.3754 End of tire mark V 229 819.2675 2061.7993 End of tire mark U 230 1013.7407 1973.3672 S/Edge of driveway to gate#78-14 231 1030.6637 1973.6072 N/Edge of driveway to gate #78-14 232 1000.0732 2062.9124 Back sight(power pole) CHP 558 (2-94) OPI 042 (MATT use only) DEPARTMENT OF CALIFORNIA HIGHWAY PATROL DATE OF COLLISION INU IME(2410) N MBER OFF1i ICER I.D. CASE NMBER .PAGE MULTIDISCIPLINARY ACCIDENT INWION TEAM 10-25-95 1900 0 9158 10-333 131 NARRATIVFJDIAGRAM 1-1 179-14 S/B N/B / /d (� Q ^✓ R / / Z . aem H r y. .� - - All 000 'n / . ft- CA na ^ - - - a y' - e p cn tr1 tTi tTj Vr, / E / L p CHP 558 (2-94) OPI 042 (MT use only) J8pA 0.TN HNT OP CAL.FO RN IA 4I ONMAy pgTROL DA7L OF COLLISION TIME(2100) NCI'WMBER OFFICER I.U. CASE NUMBER. ; PAGE NARRATMULTIDIVE/DIAGRAM CIPLINARY ACCIDENT INVESTION TEAM 10-25-95 i 19000 i 9158 10-333 141i C. 2� EXEMPLAR DAMAGED .PROFILE. PROFILE 1988 - DODGE CARAVAN SE V . I . N . 2B4FK4138 JR608003 CHP 558 (2-94) OPI 042 (MATT use only) O6 FAR'CN6NT 07 CAL:FO RNSA XION NAY eArRoc DATE OF COLLISION TIME(2400) N UMBER OFFICER I.D. CASE-4 MBER PAGE MULTIDISCIPLINARYACCIDENT INVES*TION TEAM I 10-25-95 + 1900 I �0 9158 10-333 15 NARRATWEMIAGRAM EXEMPLAR DAMAGED PROFILE PROFILE o o 1985 FORD F - 250 PICKUP V . I . N . IFTHF2518'FPB49917 CHP 558 (2-94) OPI 042 (MATT use only) DEPARTMENT 7P .AL:cC RN:A is'HWAY PATROL DAME OF C.OII.I SION CIME(Z4O0) MBER OFFICER I.U. (ASE NUMBER k'AC:E MULTIDISCIPLINARY ACCIDENT MWS7&TION TEAM NARRATrVF/DLAGRAM 10-25-95 i 1900 i 17520 9158 10-333 6 �'. 2 Latch Mechanism: Test of controlled collisions involving Chrysler minivans were obtained from the National Highway Traffic Safety Administration (NHTSA): The purpose of the tests was "to evaluate the performance of the liftgate latch system of Chrysler minivans in certain side-impact crashes"'. The tests conducted by NHTSA were done at speeds of 33.6 mph or less. The results of the six tests found the two test failures as follows: 1) "a 1987 Caravan with the "headless" striker was bent downward as it "rode" up and off the "headless" end of the striker during impact"2, and 2) the "liftgate latch failure mode appeared to be detent-lever/fork-bolt bypass, resulting from the structural damage to the latch housing"3. The latches remained closed when a newer-model striker was used (with flat washers under the restrictor plate), and when a 1995 latch/striker assembly was installed when tested at the lower barrier speeds. The at-impact speed of the Ford pick-up striking the Caravan was calculated to be approximately 61-62 mph, and exceeded the . testing standards and speeds used by NHTSA. Conclusion: After the impact with V-2, the rear liftgate door of V-1 opened. The rear seat in which Victim Edwards was sitting rotated backwards due to the displacement of the floor and left side of the vehicle. The seat buckled, forming a "V" in the center of the backrest. As the seat rotated backwards, Victim Edwards torso folded at the waist placing his feet near his head. His head protruded out of the open liftgate, but stopped short of striking the pavement. Since Edwards was wearing a lap seat belt, this prevented him from being completely ejected from the vehicle. The rear liftgate latching mechanism of V-1, 1988 Dodge Caravan SE, was inspected on December 31, 1995 at Save Tow, 4075 Folsom Court, Concord, CA. The rear hatch door frame was severely distorted from the left side impact, displacing it inward and upward. It was determined that the rear liftgate was forced open after impact with V-2, and most likely failed under similar circumstances as tested by NHTSA. The speeds involved in this incident greatly exceeded the speeds at which NHTSA conducted their testing with similar type impacts. �.Summary of the Crash Test Program Concerning Rear L igate Integrity of 1984-95 Chrysler Minivans, NHTSA,Vehicle Research and Test Center,December 1994,page i. 2 Summary of the Crash Test Program Concerning Rear Ligate Integrity of 1984-95 Chrysler Minivans, NHTSA,Vehicle Research and Test Center,December 1994,page I E. ' 3 Summary of the Crash Test Program Concerning Rear Lifigate Integrity of 1984-95 Chrysler Minivans, NHTSA,Vehicle Research and Test Center,December 1994,page 14. CHP 558 (2-94) OPI 042 (MATT use only) OSPARTNSNT OF CALIFORNIA HIOHHAY PATROL DAMOFCOLLISION T TIME(21101 N 'UMBER I OFTICERI.D. CASE NI;VIBER PAGE MULTIDISCIPLINARY ACCIDENT INVES TION TEAM NARRATIVEMIAGRAM 10-25-95 1900 0 1 9158 1 10-333 1 17 25 PHOTO LOG The following photographs are.identified by two (2) numbers. The first number refers to the roll number and the second number designates the negative number. The following photographs were taken on October 30, 1995, at the scene of the collision. The photographer was Investigator Jim Neeley, ,ID 8100. The camera used was an. Olympus 35mm, model OM10, equipped with a 50mm lens. The film used was FOTA. color print DX400, ISO 400/27. 1-01 through 1-09: Photographs showing the general view of the roadway, shoulder and terrain, starting north of and walking south to and through the collision scene. All photographs are facing north. 1-10 through 1-14: Photographs showing the general view of the roadway, shoulder and terrain, starting south of and walking north to and through the collision scene. All photographs are facing south. 1-15 through 1-17: Photographs of the entrance to fire road#78-14 on the east side of the roadway just north of the scene of the collision. 1-18 through 1-19: Photographs of the west asphalt and dirt shoulder looking north. 1-20: Tire tracks in the west dirt shoulder from V-2. 1-21 through 1-23: Photographs of the blood trail in the north bound lane and east shoulder. 1-24 through 1-25: Photographs of the roadway taken from the east side of the roadway facing northwest. The following.photographs were taken on October 31, 1995, at Save Tow, 4075 Folsom Court, Concord, CA. The photographer was Investigator Jim Neeley, ID 8100. The camera used was an Olympus 35mm, model OM10, equipped with a 50mm lens. The film used was FOTA color print DX400, ISO 400/27. 2-01 through 2-09: Photographs of the seat belt of the rear seat of V-1. The photographs include the buckles and hardware of the center belt. 2-10 through 2-11: Photographs of the plastic side panel from the left inside of V-1. 2.12 through 2-12A: Photographs of the right rear seat belt's damaged plastic hardware and the stretching on the webbing . 3-00 through 3-02: The inside of the left rear wheel and tire of V-1. 3-03 through 3-05: The outside of the left rear wheel and tire of V-1. 3-06 through 3-07: Inside.the left wheel well of V-1. 3-08 through 3-12: Inside floor, seat anchor points, of V-1. CHP 558 (2-94) OPI 042 (MAIT use only) 06PARTMENT OF CAL:FORN:A HIGHWAY PATROL DAI'EOF COLLISION TIME(24W) NCI BER OFFICER I.D. GLSE NUMBER PAGE MIJLTIDIkIPLINARY NARRATIViJLIIAGRAM CCIDENT INVESTI�ION TEAM 10-25-95 ! 1900 9 9158 10-333 0o � U e , 1716 The following photographs were taken on October 30, 1995, at the scene of the collision. The photographer was Investigator W. Brewer, ID 10025. The camera used was a Cannon 35mm, model EOS, equipped with a Cannon 28-105mm lens. The film used was ScotchColor 400asa/iso. 4-01 through 4-24: Physical evidence items at the scene of the collision, evidence items A through J. 5-01 through 5-25: Physical evidence items at the scene of the collision, evidence items K through Q. 6-01 through 6-10: Physical evidence items at the scene of the collision, evidence items R through T: 6-11 through 6-25: Photographs of the scene, walking south from north of the scene following the paths of both vehicles. The following photographs were taken on October 31, 1995, at Save Tow, 4075 Folsom Court, Concord, CA. The photographer was Investigator W. Brewer, ID 10025. The camera used was a Cannon 35mm, model EOS, equipped with a Cannon 28-105mm lens. The film used was ScotchColor 400asa/iso. 7-01 through 7-25: Photographs of V-2 both exterior and interior. 8-01 through 8-26: Photographs of V-1 both exterior and interior. 9-01 through 9-04: Left side floor brackets for the rear seat of V-1. 9-05 through 9-12: The mounting latches and seat rails of the rear seat of V-1. 9-13 through 9-15: The left inside and rear seat of V-1. 9-16 through 9-19: The rear door latch and locking mechanism of V-1. 9-20: Rear seat of V-1. 9-21 through 22: Left rear wheel well and frame of V-1. 9-23 through 25: The right front seat belt of V-1. CHP 558 (2-94) OPI 042 (MAIT use only) DEPARTMENT O2 CALIFORNIA BIGH9iAY PATROL DATE OF COLLISION TIINE(2400) N MBER OFFICER lD. CASE NUMBER PAGE MULTIDISCIPLINARY ACCIDENT INVESI�TION TEAM 10-25-95 I 1900 0 9158 I 10-333 g NARRATIVE/DIAGRAM CALCULATIONS �• I. INTRODUCTION-METHODOLOGY The following calculations were undertaken to determine the velocities of the involved vehicles at- various tvarious times during the collision sequence. The methods are based on linear conservation of momentum and work energy theorem. The work energy theorem states that the kinetic energy of a vehicle in motion is equal to the kinetic energy to bring that vehicle to rest._ The conservation of momentum states "in any group of objects that act upon each other,that the total momentum before the action equals the total momentum after the action."' H. SYMBOLS d =Horizontal Distance (in feet) f = Coefficient of friction g =Gravitation constant(32.2 fps h =Vertical Distance (in feet) V =Velocity (in fps or mph) AV = Change in velocity (Delta V) V1 =Pre-impact velocity of vehicle #1 V12 =Post impact velocity of vehicle#1 V21 =Pre-impact velocity of vehicle#2 V22 =Post impact velocity of vehicle#2 W = Weight(in pounds) W1 = Weight vehicle#1 W2 = Weight vehicle#2 8 = (Theta) =Post impact direction of travel, vehicle#1 a = (Alpha)=Post impact direction of travel, vehicle#2 _ (Psi)=Pre-impact direction of travel,.vehicle#2 'Traffic Accident Reconstruction,Volume 2 of The Traffic Accident Investigation Manual,Lynn B Fricke (Northwestern University Traffic Institute,c.1990) CHP 558 (2-94) OPI 042 (MAR use only) DE.PARTMM Of CALIPORNIA 8IGEWAY PATROL DATE OFCOLLISION TIME(2400) N EA OFFICER I.D. CASENUMBER PAGE MULTIDISCIPLINARY ACCIDENT INVESI�TION TEAM NARRATIVE;DIAGRAM I 10-25-95 1900 0 9158 I 10-333 20 III. EQUATI NS Basic speed equation(results in fps) V= 64.4*d*f Combined speed equation V = V,Z +V2+...V2 Conservation of Momentum: X-axis equation: V 1, _ cos0 WIV12 +cosa W2V22 —cosi W2V2, Wl Conservation of Momentum: Y-axis equation: sin0 W1V12 + sina W2V22 V2' — sin W2 Speed Change Equations based on conservation of momentum: OVl= VII—cos0 V12)2 +(sinE)V12)Z AV2= (cos`YV2, —cosa V22)2 +(sin'FV2, —sina V22)2 CHP 558 (2-94) OPI 042, ("T use only) DL_ARTMHNT CT CALIFORNIA HIGHWAY PATROL � DATE OF COLLISION TIME(2400) N 'MBER OFFICER LD. CASE NUMBER PACE MULTIDISCIPLINARY ACCIDENT INVESI*TION TEAM 10-25-95 l 1900 0 9158 10-333 I 211 NARRATIVE t DIAGRAM IV. CALCULATIONS DATA A. Coefficient of Friction The roadway at this collision site is composed of asphalt concrete. A test was conducted using a g-analyst,tri-axial accelerometer. The test was done on January 8, 1996, by Officer Brewer using a 1995 Chevrolet Caprice Classic (ABS system disabled)in the southbound lane of Cumming Skyway at the accident scene. The test was conducted at approximately 40 mph and resulted in a peak force of.83, with an average g force of.68 (Best Fit Method). The coefficient of friction used was: f= .68 �Ardyst 1 Q8 CS E '� ♦f 04 02 0 33 .: 33,5 34 345 35 . 35.5 36 365 37 Time Other coefficients of friction were obtained from Friction Applications in Accident Reconstruction (SAE 830612)as follows: . _ 7 ,�+' a°C" .5 § Desc— hon ripSnrface orondrtton ,a I ,zD�agacfor y Gravel or Sand .55 Rolling resistance, normal tire inflation .01 Engine braking, high gear .10 CHP 558 (2-94) OR 042 (WA(T use only) DLPARTlBNT Ci CALIFORNIA HIGHN7IY PATROL DATE OF COLSlSION ER TIME(2900) NC 'OFFICER LD. CASE NUMBER PAGE MULTIDISCIPLINARY ACCIDENT INVEST�I'ION TEAM 10-25-95 1900 0 9158 10-333 G5 NARRATIVE[DIAGRAM B.AT-IMPACT VELOCITIES continued PRE-IMPACT ANGLES 90 +Y-axis (7-Psi)79.27 Degrea V-2 entry angle 0 Depm p V-1 entry aisle 100 0 +X-axb 270 POST IMPACT ANGLES Sensitivity Analysis In this collision the pre-collision directions reveal a non-collinear collision system. The directions at impact were closely estimated from the resulting force lines and vehicle deformation. Since there were no precise pre-impact marks observed and due to the complexity of the collision sequence,the numerous contacts between both vehicles, a range of post-impact angles for the.Caravan was calculated. The range of angles were calculated using the general form of the Conservation of Momentum equations. 2 CHP 558 (2-94) Oa) 042 (w+)T use only) DEPARTMENT OF CALIFORNIA HIGHWAY PATROL DATE OF COLLISION TIM 2900) NCI MBER I OFFICER I.D. CASE NUMBER PAGE M',ULTIDISCIPLINARYACCIDENT INVESTWION TEAM 10-25-95 1900 I 9158 10-333 221 NARRATIVE/DIAGRAM B. Vehicle Weights Vehicle #1 weight was obtained from Expert Autostats from 4N6XPRT Systems (copyright 1991-1995). The weight of the driver was obtained from DMV records, the weight'of Passenger Edwards was obtained from the Coroners Report and the weight of Passenger C. Jew was estimated. Vehicle #1: 1988 Dodge Caravan 3459 Driver, S. Jew 96 Passenger, C. Jew 100 Passenger, C. Edwards 150 Total weight V-1 3805 Vehicle#2 weight was obtained using CHP mobile scales(S/N's 77481, 77495)by Commercial Officer Pete Therre,ID 6947,on November 1, 1995,at Save Tow. The weight of the driver was obtained from DMV records. Vehicle #2: 1985 Ford F-250 pick-up: Front axle 3000 Rear Axle 2000 Driver, W. Russell 195 Total weight V-2 5195 CHP 558 (2-94) OPI 042 (MALT use only) DQPAR TM QXT OP CALI PO RNIA HIONXAY PaTROL DATEOFCOWSION TIME(2400) i NABER�iBER OFFICER I . CASENUMBER PAGE MULTIDISCIPLINARY ACCIDENT INVEST ION TEAM ' 10-25-95 1900 99L0 9158 .10-333 2_3 NARRATIVEiVIAGRAM V. SPEED CALCULATIONS A. POST IMPACT VELOCITIES Vehicle #1 Vehicle#1 left tire friction marks and light gouging as it rotated counter-clockwise and was redirected to the right. The center of mass travelled approximately 32.3 feet on asphalt after total separation from V-2 before the wheels began to free roll (see adjusted friction value below). The vehicle's center of mass then travelled 53.8 feet to its point of rest with some engine braking. The distance travelled will be used in the basic speed equation for each coefficient to calculate post impact velocity for each segment. Segment 1: V=VgT4*d*f V2Q = 64.4*32.3*.68 = 37.61 fps (25.64 mph) Segment 2: The resultant coefficient of friction was adjusted based on the front axle engine braking in high gear, while the rear axle was free rolling. fR =(.6*.10)+(.4*.01)=.064 then; V= 64.4*d*f V lb = 64.4*53.8*.064 = 14.89 fps (10.15 mph) The combined.speed equation can then be used to calculate post impact velocity. V = VI +VZ+...V2 V, f37.612 + 14.892 = 40.45 fps (27.57 mph) CHP 558 (2-94) OPl 042 (MATT use only) ORPAR TNBNT OF CALIFORNIA HIGHWAY PATROL DAIEOFCOWSION TIME(2i00) N BER OFFICER I.D. I CASE NUMBER PAGE MVLTIDISCIPLINARY ACCIDENT INVESTION TEAM 10-25-95 ( 1900 9158 10-333 1 G 4 NARRATIVEMIAGRAM Vehicle#2 Vehicle #2 skidded in an arced path to its right as it center mass traversed 70.5 feet on asphalt and then 15.3 feet on gravel. The distance travelled will be used in the basic speed equation for each coefficient to calculate post impact velocity for each segment. Seement 1 Asphalt: V= 64.4*d*f V2a = 64.4*70.5*.68 = 55.56 fps (37.88 mph) Seament 2 Gravel: V= 64.4*d*f V2b = 64.4*15.3* .55 = 23.28 fps (15.87 mph) Combined Velocity: Ve = V,' +VZ+...V Z V, 155.562 + 23.28' = 60.24 fps (41.06 mph) B.AT IMPACT VELOCITY 1. Conservation of Momentum- COLLISION GEOMETRY For calculation purposes the following procedure will be used V-1 will be the Ford F-250 pickup and V-2 will be the Dodge Caravan. This notation will allow the at- collision velocities of each vehicle to be calculated using the standard convention of denoting the vehicle with the greatest momentum as V-1, and placing that-vehicle on the "+X"axis of the Cartestian coordinate reference system. The vehicle numbers are reversed from the notation in the field report to allow for this convention. For reference purposes, the (X,Y) Cartesian coordinate system will be used to demonstrate and describe vehicle movements from entry into the collision system through separation. The origin of the Cartesian coordinate system represents the point of impact. The approach angles for vehicle#1 and vehicle#2 were established from damage alignment between the vehicles using match points, physical evidence, and corresponding primary direction of force to,each vehicle. CHP 558 (2-94) OPI 042 (MATT use only) MART)CM C'7 CALIFORNIA HIGHWAY PATROL DATE OFCOLUSION TIME(24M) NCI ER OFFICER LD. CASE NUMBER PAGE MULTIDISCIPLINARY ACCIDENT INVEST&ION TEAM 10-25-95 1900 9J 0 9158 10-333 2 6 NARRATIVE/.DIAGRAM CONSERVATION OF MOMENTUM-CALCULATION Ford Vehicle#1 Dodge Vehicle#2 W=5195 Weight of Ford W = 3805 Weight of Dodge V 12 =60.16 fps V22 = 41.88 fps 0 = 00 a = 10 to 100 Range of Post-Impact Angles `P = 79° X-Axis Equation Vl, _ cos0WIV12 +cosa W2V22 —cos`I'W2V2, Wi Speed Change Equations AV1= VII —cos0 V12)2 +(sinO V12)2 AV 2= (cos`Y V21—cosa V22)2+(sin T V21—Bina V22)2 0 CHP 558 (2-94) OPI 042 (MAIT use Only) DwY xRTxma CR GLIlomm aIGa9D►Y PATROLDATE"' F CC '..N T.E(1-0) N IdB OFFICER LD. CASE NUNSER PAGE MULTIDISCIPLINARY ACCIDENT INVES#TION TEAM 10-25-95 1900 0 9158 ( . 10-333 NARRATIVE[DIAGRAM 2 7 CONSERVATION OF MOMENTUM- CALCULATIONS The following table is used to show the range of post-impact angles of the Caravan and the resulting at-impact velocities of both vehicles. The table will start with a post-impact angle of 1 degree followed by 2 degree intervals. This range of calculations is being undertaken to show the sensitivity of the Caravan's at-impact velocity with respect to the post-impact angles. Table of Ranges a V1, V21 OVi OV2 1 degree 62.54 mph 0.51 mph 20.84 mph 28.45 mph 3 degrees 62.37 mph 1.52 mph 20.67 mph 28.22 mph .5 degrees 62.18 mph 2.54 mph 20.48 mph 27.96 mph 7 degrees 61.96 mph . 3.55 mph 20.26 mph 27.67 mph 9 degrees 61.72 mph 4.55 mph 20.02 mph 27.33 mph CHP 558 (2-94) OR 042 (NAR use only) DRPA¢iN¢NT OF CALIFORNIA HIGHWAY PATROL DAME OF COIIISIONTIME(2400) N ER OFFICER[.D. CASE NUMBER PAGE Mt7LTID1k1PLTNARY ACCIDENT IIVVEST#10N TEAM 10-25-95 1900 0 9158 10-333 8 EU NARRATIVD_UGRAM j S/B N/B rd = p y / / n � / SL C voo. n Z cn O .til0-4 CA fA / 3N om i CHP 558 (2-94) OPI 042 (MATT use only) 17E.='.RTlFaN'!'':f CALZDATE OF CG7SiON TA1E(2400) N `\ F.1 OFFICD. NUMBER PG MULTIDISCIPNNAACAIDENT INVESATION TEAM 10-25-95 1900 n 9158 10-333 2 J NARRATIVE I DIAGRAM /I CONCLUSION Based on the physical evidence,vehicle damage profiles,and pre-impact angles,the above table was developed to show the range of corresponding at-impact velocities and speed changes. This resulted in an at-impact velocity of approximately 61.72 to 62.54 mph for the Ford and a velocity of 0.51 to 4.55 mph for the Caravan. The damage to the vehicles in this collision was significant and was consistent with the speed changes calculated by Conservation of Momentum. CHP 558 (2-94) OPI 042 (MATT use only) i� gap zil .d �1..(+F°y"'i 4' Ymr h4v{ Ln i f T hS �fie` Z ..'.tl MW 'llimA` i.sy �l'"}S � aazS"Y+' `I O •�,',+ xF; 41r 1 gri ��ii`T' #�-- Sj`r'•k�r��� r�N� ,taY' Ow 4 `� �N s�yti�✓34'�'; - ti: Q7 r 'M -z .a }.: MEN f Asp s t U. �.5.,� a HER UONO of Y' Y,da Ss ,' .A•h. : }rt• "Y� �re. .Fk MIR 'v�'C.5 �mu � iLM 11 w0b va —1 C k n5' rr-FB �' i.»,S 4xr^���,e R.ek � r� t� ¢j"3 o CD c�C' �"`F`.h 'ws' ' spaC a R F3 '�yri����'' +�-. ���ra�r'' ,j�`z� I•�y C`�D• rte. i--a O ,^�?�. 7�. iM To Jp 2 � � r l p ria] CD O O I � a h VE PS Er O iE 9. r awan H MSI n ,�' ym CO3 r �— }" 2 j Not i Wall Ln � a / a, r W AN E16M o 00 7mco . . � NN � � m ' LAW OFFICES OF Z� BROOHIVIAN & TALBOT SUITE 740 1990 NORTH CALIFORNIA BOULEVARD WALNUT CREEK, CALIFORNIA 94596-3711 TELEPHONE(510) 932-4008 FAX: (510) 937-1828 RECEIVED APR 12 1996 April 4, 1996 CLERK BOARD OF SUPERVISORS CONTRA COSTA CO. Clerk of the Board of Supervisors Room 106, County Administration Building 651 Pine Street Martinez, CA 94553 RE: CLAIM OF SONDRA EDWARDS Dear Clerk: Enclosed please find the Claim of Sondra Edwards against the County of Contra Costa. Please forward a copy of the Claim only, not attachments, acknowledging your receipt. A self- addressed, stamped envelope is provided. I have been advised by your office .that it is not necessary to include a copy of the Claim, that you will copy once you have stamped it. Thank you for your cooperation and assistance. Very truly yours, BROOKMAN & TALBOT Sharon Hanney, Secretary to Alan M. Talbot /sh Encls. c . �-� CLAIM BOARD OF 'SUPERVISORS OF CONT14 COSTA COUNTY, CALIFORNIA May 7, 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: $5,081.28 + Section 913 and 915.4. Please note all"Warnings". CLAIMANT: Donald A. Frosty, Jr. ATTORNEY: ASR 69 Date received COU, 1,996 ADDRESS: 1015 Walnut Street BY DELIVERY TO CLERK ON A ril Martinez, CA 94553 BY MAIL POSTMARKED: Hand Delivered 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: April 5 1996 PHIL BATCHELOR, Clerk 611: , Deputy 21IL J II. FROM: County Counsel TO: Clerk of the Board of Supervisors (L-KThis 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). ( ✓I 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). (--f Other• (_IQ,t 4^ 15 11Yt� "m4ao x116"1,VF A-3 c Ze�k t eaztel +D / o 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: a `J PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six- (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. if you want to consult an attorney, you should do so immediately. *For additional warning see reverse side of this notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez. California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. r � Dated: !1Z A,41- is BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator TO: Donald A. Frosty, Jr. 1015 Walnut Street Martinez, CA 94553 NOTICE TO .CLAIMANT (Of Late-Filed Claim) (Government Code Section 911 . 3) The claim you presented to the Board of Supervisors of Contra Costa County, California, as governing body of the County of Contra Costa and/or District, on April 5, 1996 has been reviewed by County 'Counsel and is being returned to you herewith because: The portion of your claim which alleges acts or omissions by the County of Contra Costa, or its employees and/or agents, occurring prior to October 5, 1995, for an injury to person or personal property which arose on or after January 1, 1988 was not presented within six months of the event or occurrence as required by law. (See Government Code sections 901 and 911 . 2) Because that portion of your claim was not presented within the time allowed by law, no action was taken on that portion of the claim. Your only recourse at this time is to apply without delay for leave to present a late claim as to that portion of the claim which is untimely. (See Government Code sections 911 .4, to 912 .2 and 946 . 6) Under some circumstances leave to present a late claim will be granted. (See Government Code section 911 . 6) You may seek the advice of an attorney of your choice in connection with this matter. If you desire to consult an attorney, you should do so immediately. PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator By: D ty Clerk Dated: � Enclosure NOTICE OF LATE CLAIM Page 1 c. z� 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 copy of the above Notice to Claimant (of Late Submitted Claim) , addressed to the claimant as shown above. Date: By Phil Batchelor by Deputy Jlerk NOTICE OF LATE CLAIM Page 2 Claim *,o: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY C,2� INSTRUCTIONS TO CLAIMANT 4 . A. Claims relating to causes of action for death or for injury to person or to per- sonal property or growing crops and which accrue on or before December 31, 19879 must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or after January 1, 1988, must be presented not later than six months after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Govt. Code §911.2.) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at the end of this form. * * * * * * * * * * * * * * * * *,* * * * * * * * * * * * * * * * * * * * * * * * * * RE: Claim By ) Reserved for Clerk's filing stamp Dona& .4. Fzosty, RECEIVED Against the County of Contra Costa ) ,APR - 5 1996 or ) CLERK BOARD OF SUPERVISORS District) CONTRA COSTA CO. Fill in name ) The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ 5,081. 28 piu.6 -in ve .6iand in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact date and hour) 7-2olu 0 1994 han//gL�rQrcaA"_QZ_ - RE: D22-05816 2. Where did the damage or injury occur? (Include city and county) Nall inez, Con Aa Cotta Count.0 3. How did the damage or injury occur? (Give full details; use extra paper if required) The .Pazst chi-Cd zuppoir - payment 2eeeived waz du2.ing flay 1994. %he.:Chiid Support Enlo wemeat D iviz ion .the Coni Aa Corta L izt/ti t. At to/t ey 04eice �a.i Led to mace R_eazonaU_e good la.ith eg o/Ltz .to 2e-ez.taUi.zh ch.t.Pd 4uppo2t.:5paymen on Pehael o/ my ch..i.Pdaen, Da2ye "an F/tozsty and NicheLP.e Lea F/toa-ty. 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? /32each of Cor dAaGt (over) 5. What are the names of county or district officers, servants or employees causing the damage or injury? 7i �a2y %. �/ance�, /�ia-t�z.i.ct �oiuzer� 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. f.inanc.ia,e haltdsh.ip, 6t4_ehz, deprcezzion, -dep2i1)at_i_on of kenel t6 in gehdg/nv/;," ' 'nO/7 -.Cf�:Ad.agn. Dcjwa0� fan4io and a rha-Up r)AY4" ter._ 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) Cou� oz% d chi& zappoRl in. the amount o/ $52. 93 pew reek - mu,Pt ip i.ed fy -96' Weeks (loom rnid 1% 9994 th�cauyfz '�z went) 8. Names and addresses of witnesses, doctors and hospitals. See C e l ice-. 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT Gov. Code Sec. 910.2 provides: "The claim must be signed by a claimant SEND NOTICES TO: (Attorney) or— , some person on f." Name and Address of Attorney , Cimaht_1igdatune 1015 lda-nui SLwel Address Malz�z, CA 94553 Telephone No. Telephone No. (510) 229-9390 atseeff ee � s • �'T" '�T f * 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 ($10,0009 or by both s,ich imprisonment and fine. C . �s CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA May 7, 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: $5,715.00 + Section 913 and 915.4. Please note all4 rnings". CLAIMANT: Donald Alan Frosty Jr. -Oz ATTORNEY: CO Date received M U I ADDRESS: 1015 Walnut Street BY DELIVERY TO CLERK ON April 5, yc„ `g96' Martinez, CA 94553 ve0w9v��� BY MAIL POSTMARKED: Hand Delivered 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. ppHH gg DATED: April 5, 1996 81IL Depuiy OR, Clerk II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( 1<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 11I. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated:�T� '7. I 9 qT HIL BATCHELOR, Clerk, Sy 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: I . Iq qsy _ BY: PHIL BATCHELOR by eputy Clerk CC: County Counsel County Administrator Claim *.o: BOARD OF SUPERVISORS OF CONTRA =A COUNTY INSTRUCTIONS TO CLAIMANT A. Claims relating to causes of action for death or for injury to person or to per- sonal property or growing crops and which accrue on or before December 31, 1987, must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or after January 1, 1988, must be presented not later than six months after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Govt. Code 5911.2.) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553• C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than ane 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 * * * * * * * * * * * * * * * * *,* * * * * * * * * * * * * * * * * * * * * * "* * * * RE: Claim By ) Reserved for Clerk's filing stamp Dona.Ld Uan 72oz.ty, 7. ) RECEIVED Against the County of Contra Costa ) 7APR 5 1996 or ) District) CLERK BOARD OF SUPERVISORS CONTRA COSTA CO. Fill in name ) The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $5, 715.00 12.&-6 .inte�ez.tand in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact date and hour) Maicch. 93, 1996 2. Where did the damage or injury occur? (Include city and county) NaILLinez, Conga Coz& County 3. How did the damage or injury occur? (Give full details; use extra paper if ~ required) R judgement o1P_ deIaa& way ente/ced again,` Dona-&I Aian 72o,6.ty, A. when .the Ch.i& SuppoRl Enlo2eement Divizion of .the Cont ra Coa.ta County Di.6.t2ict A.t t oane y'6 0/4ce lai d to advise Rel e�ee BeAkow that R z. 72o.6.t y did indeed 2e.612ond .to Vie Chi& Suppo zt Cn/oacemeat 011-iceie in an att.emlt .to .6e Ue .the cane with .the D.A.. 4. What particular act or emission on the part of county or district officers, servants or employees caused the injury or damage? &&,each o f Cont aac,t (over) �. What are the names of county or district officers, servants or employees causing C the damage or injury? j cut Yancey, Dizt tiet 4- tonne =4 S y %. y y y 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. Ext/zeme Iinanc-Lae ha zdsh-.p, )? maneiar 4v-in, 6tw,6,6, depire.6.6-ton, and em�alvt".6men,t, po.tentiai /o.,z euiction Aom home and depzi.vat.i.on of nece,6,6azty wU�. . 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) Ba-Qanee Due amount on ConAa Cotta County AuLLaoz-Coataotte/t (ass agmrzt /02 Di-6LLiC,t A.tto4ney) Cot&ctiorw Notice 4.eceived 414196. See attached. B. Names and addresses of witnesses, doctors and hospitals. 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT 3127196 CeALUl-ied cod i" Ao*M 1-i-& $27.25 Gov. Code Sec. 910.2 provides: "The claim must be signed by—tclaimant SEND NOTICES TO: (Attorney) some person on f." Name and Address of Attorney aiman 's t 7 .t St2eet Address &1z Unez, CA 94553 Telephone No. Telephone No.(510) ,229-1310 * * * * * * * * f * * NOTICE Section T2 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 s%ich imprisonment and fine. CONTRA COSTA COUNTY AUDITOR-CONTROLLER MONTHLY STATEMENT ASAGENTFOR DISTRICT ATTORNEY FOR APR 19 96 COLLECTIONS ACCOUNT NO. 69 -WRITE ACCOUNT NUMBER ON YOUKCHECK OR MONEY ORDER.- ..MAKE CHECKS PAYABLE TO AND MAIL TO: )C*L QX1 XKMXWlrr9(lKl X IUKFXX 01Or,)0 �F' c�E' x��iYicXXxxx D A FRnSTY 697681 P.O. BOX 2399 1015 WALNUT STREET MARTINEZ CA 94553 i MARTINEZ CA 94553 $ AMOUNT PAID DETACH TOP PORTION AND RETURN WITH PAYMENT TO ENSURE CREDIT 8 i REFERENCE CURRENT i ARREARS \ i DATE NUMBER TYPE OF.TRANSACTION AMOUNT I AMOUNT + t ARREARS ADOFD I � 4445.00 04/01/96 ! DELINQUENT I IMPORTANTi NOTICE! IYOU ARE A PARENT SUBJECT TO A CHILI) SUP RT ORDER IIN THE STATE; OF CALIMRNIA AND THEREFORE• YOU HAVE THE RIGHTITO REQUESTIA REVIEW OF=; THAT CHILD SUPPnRT ORDER. FOR INFORMATION ON THE CONDITIONS/LIMITS OF THAT �,EVIFW, PLFASF WRITE TO US AT 50 DOUGLAS DR. SUITE LOOS MARTI'NF-Z CA. 94553 OR 1C ALL (5 10) 313-4200. i FM A R C H 1496 !ARREARS BALANCE DOES NOT INCLUDE INTEREST OWED BALANCE SUPPORT PAYMENTS AND BALANCE SUPPORT ARREARS BALANCE 1ST OF MONTH PAYMENT DUE I ADJUSTMENTS 1ST OF MONTH I PAYMENT DUE AMOUNT DUE I _ 635.0_0 _445.00 5080.00 635.00 635.00 5715.00 COLLECTIONS ACCOUNT N0.697681 D 1000PAYMENT DUE DATE 04/20/96 D-29(REV.8- c . �� ' CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA May 7, 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 G rnment Code Amount: $19,800 + Section 913 and 915.4. Please note all CLAIMANT: Valery Frosty 0,9 c ATTORNEY: C0gAq- ADDRESS: 1015 Walnut Street: BYtDELIVERYeTO CLERK ON� A=ri t 99 1996F�Cq� F� Martinez, CA 94553 BY MAIL POSTMARKED: Hand DP1 i VPrPd 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PpHHIL BATCHELOR, Clerk DATED: April 5, 1996 BT: Deputy 1I. FROM: County Counsel TO: Clerk of the Board of Supervisors ( L.X 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). ( L,)- ��' Other 6111 � ¢I 6-0 -Eo a4-r,6 C)WA444,4U10 1.1 ,,,, � ppY (, VVIP ASO atm Dated: �� ce- BYY �(�__� > 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 (f ) This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. r Dated: `1-y�a47 , J X19 PHIL BATCHELOR, Clerk, Byc3j, IDeputy 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 ,ttorney, 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. 17 Dated: BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator CONTRA COSTA COUNTY AUDITOR-CONTROLLER MONTHLY STATEMENT AS AGENT FOR' 0 ISTRICT ATTORNEY FOR APR . 19 96 • COLLECTIONS ACCOUNT NO. PLEASE WRITE ACCOUNT NUMBER ON YOURCHECK OR MONEY OhiDER.. . MAKE.CHIEPKS,PAYABLE TO AND,MAIL TO: . X�Q(1laJ�A���W�IEt�lOC�X.BI�X D 1 OD O � 4c x x x x x 0 A FROSTY 697661 P.D. BOX 2399 1015 WALNUT STREET MARTINEZ CA .94553 MARTINEZ CA 94553 $ AMOUNT PAID DETACH TOP PORTION AND RETURN WITH PAYMENT TO ENSURE CREDIT B , DATE REFERENCE TYPE OF TRANSACTION CURRENT ARREARS NUMBER AMOUNT AMOUNT ARREARS ADDED 4445.00 04/01.196 DELINQUENT .MPCRTAN NOTICE ! ©U ARI= A 'PARENT SUBJECT TO A CHILD SUPPORT ORDER N THE STATE OF CALIFORNIA AND THEREFORE♦ YOU HAVE THE RICHT TO REQUEST A REVIEW OF THAT CHILD SUPPORT ORDER. FOR INFORMATION ON THE CONDITION /L.IMTTS OF THAT FVIEW v 'LEASE WRITE TO US AT 50 DOUGLAS DR. SUITE 100, MARTINEZ CA* 94553 OR CALL ' (510) 313-4200. M A R C H 1996 ARREARS BALANCE DOES NOT INCLUDE INTEREST OWED BALANCE SUPPORT PAYMENTS AND BALANCE SUPPORT ARREARS 1ST OF MON TR LPAYMCENT DUE ADJUSTMENTS /AD/JUSTME{N�T{S!� /�1 SST/OAF MONTH PAYMENT PAAYMENT/D�U/E� AMOUNTDUE •/�/� ^� rBALANC/E� 635.00 4445.00 5080.00 635.00 63'5.00 5715.00 IF YOU HAVE,ANY0LIFSTIn !JNT COLLECTIONS ACCOUNT N0CA L .69768.1 01000 PAYMENT DUE DATE 04/20/96 D-29(REV.8-7 C,;zS TO: Valery Frosty 1015 Walnut Street Martinez, CA 94553 NOTICE TO CLAIMANT (Of Late-Filed Claim) (Government Code Section 911 . 3) The claim you presented to the Board of Supervisors of Contra Costa County, California, as governing body of the County of Contra Costa and/or District, on April 5, 1996 has been reviewed by County Counsel and is being returned to you herewith because: The portion of your claim which alleges acts or omissions by the County of Contra Costa, or its employees and/or agents, occurring prior to October 5, 1995, for an injury to person or personal property which arose on or after January 1, 1988 was not presented within six months of the event or occurrence as required by law. (See Government Code sections 901 and 911 .2) Because that portion of your claim was not presented within the time allowed by law, no action was taken on that portion of the claim. Your only recourse at this time is to apply without delay for leave to present a late claim as to that portion of the claim which is untimely. (See Government Code sections 911 .4 to 912 .2 and 946 . 6) Under some circumstances leave to present a late claim will be granted. (See Government Code section 911 . 6) You may seek the advice of an attorney of your choice in connection with this matter. If you desire to consult an attorney, you should do so immediately. PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator By: D puty Clerk Dated: , 4:D. , 9 96 Enclosure NOTICE OF LATE CLAIM Page 1 C.ZS 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 copy of the above Notice to Claimant (of Late Submitted Claim) , addressed to the claimant as shown above. Date: o4--09 -19,?6 By Phil Batchelor by Deputy Jerk NOTICE OF LATE CLAIM Page 2 ClaYm 3.o: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY G INSTRUCTIONS TO CLAIMANT A. Claims relating to causes of action for death or for injury to person or to per- sonal property or growing crops and which accrue on or before December 31, 1987, must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or after January 1, 1988, must be presented not later than six months after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Govt. Code 5911.2.) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553• C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at the end of this To. * * * * * * * * * * * * * * * * *,* * * * * * * * * * * * * * * * * * * .* * * * * * * RE: Claim By ) Reserved for Clerk's filing stamp Vaie2y f2o,6.ty ) RECEIVED9 Against the County of Contra Costa ) LAPR or ) - 5 1996 District) Fill in name ) CLERK BOARD OF SUPERVISORS CONTRA COSTA CO. The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ "19,800 .Pus .in1_efze,3t and in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact date and hour) (lay 1986 .thorough pae.6eriL RE: C"e NumAe�% #606724 2. Where did the damage or injury occur? (Include city and county) NaAtinez & Concord - ,00h of Con Aa Co�.ta County 3. How did the damage or injury occur? (Give full details; use extra paper if ~ required) The CAi& Suppo2.t Cnlo2cement D iv.i.6 i.on o f .the ConiAa Co.6.ta County [7i�tnict Atto/zney'.6 O//.ice lai-Led .to make Zea.6onaU_e good la,i..th e//o zt_6 .to oP.tain ch,Ud wppol t. on keha el o f my .t A2 chiLdR-en: ae�3,3 ica Bu.tteAl i.eid, %lav i.6 dutteAl ieed, and Steven Bu &Itlie-6d. 4. What particular act or emission on the part of county or district officers, servants or employees caused the injury or damage? zlzea(�. 0/ Con Aact. (over) 5. "What are the names of county or district officers, servants or employees causing' • the damage or injury? a2y 7. �ancez�, Di,6.t-ict A.tto/zney M- 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. Tinac.ia-e haizd,3h.i12, 1-.inan"ae izu.m, d,,-privation o/,bene/.itz .to ninolz c1iiid1zen. 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) CouAl- mc�d chiid wppoR t in .the amount o/ $150.00 12eez month ($50.00 pm ch-i&) - mu.P.t.ipted gy - 1.32 monthz (Aom 5/85 Vi ough 4/96) - $19,800X0 8. Names and addresses of Witnesses, doctors and hospitals. SP.e ccve Vie. 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT 2/88 Banklzupz -cy Ailmney C6,6.tz $400 Gov. Code Sec. 910.2 provides: "The claim must be gned by the claimant SEND NOTICES TO: (Attorney) or me p4rso h behalf." Name and Address of Attorney 1 gnature 15 lJ u.t S A ess MaaLinez, CA 94553 Telephone No. Telephone No. (510) 229-1310 NOTICE Seeticn 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 s'iich imprisonment and fine. CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA May 7, 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 ayxrl"mavMD CLAIMANT: Candice Green APP 1 q 1996 ATTORNEY: Richard J. Alexander COUNTY COMM 137 Park Place Date received MARTINEZCALIR. ADDRESS: Pt. Richmond, CA 94801 BY DELIVERY TO CLERK ON April 12, 1996 BY MAIL POSTMARKED: April 11, 1996 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. ppHH B DATED: April 16, 1996 BYIL Deputy OR, Clerk II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( his claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: — Z L R Le 81�; �" 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 ( d ) This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: PHIL BATCHELOR, Clerk, B Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six- (6) months from the date this notice was personally served or deposited in the mail to filce 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: /10 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator Richard J. Alexander RECEIVED Law Offices Q APR 12 1996 April 11, 1996 CLERIC BOARD OF S'urPE"I ISORS CONTRA COSTA CO. Clerk of the Board of Supervisors SENT VIA CERTIFIED MAIL 651 Pine Street, Room 106 RETURN RECEIPT REQUESTED Martinez, CA 94553 Re: Claim for Damages by Candice Green Dear Board: Please take notice that pursuant to Government Code Sections 910, et seq. , claimant Candice Green hereby makes her claim for damages against Contra Costa County as follows: 1 . Claimant' s address and address where notice is to be sent: Claimant ' s address: Candice Green, 1521 Potrero Avenue, Richmond, CA 94804 Notices. to be sent to: Richard J. Alexander 137' Park' Place Pt. Richmond, CA 94801 ( 510 ) 232-9100 2. Date; place and circumstances of occurrences:- On or about October 13., 1995 claimant, who is wheelchair -bound, was under the control of the agents of the County at 1435 Lawrence, El. Cerrito, California, when one of the agents failed to set the brake on her wheelchair, the, wheelchair rolled and fell off a curb and claimant fell on her head and face. Claimant suffered multiple abrasions to her face and head, had several teeth chipped, knocked-out and otherwise loosened, eac:; of- which fwhich required, and will require, medical attention. Claimant also suffered mental trauma as a result of the incident. 3. Nature of loss: Claimant suffered multiple abrasions to her face -and head, had several teeth chipped, knocked-out and otherwise loosened, each of which required, and will require, medical attention. Claimant also suffered mental trauma as a result of the incident. 4. Name of public employees: Yvonne; - clerk at school. Unknown person responsible for wheeling Claimant. 137 Park Place, Point Richmond, California 94801 (510) 232-9100 Clerk of the Board of Supervisors April 11, 1996 Page two 5. Amount of damages: Exceeds $10, 000.00 and is within the jurisdiction of the Superior Court. Youvery truly, L 6-1— K. 7Bochner RKB/vo . � 4 « cn k cl, � + � o � ~_ -0 450 ; 2\ �c D � � - �£ � � A_ ® � � a � � CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA May 7, 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: $10,000,000 (Ten Million Dollars) Section 913 and 915.4. Please note all "karain �i CLAIMANT: Charles M. Gutierrez APR 0 4 9996 ATTORNEY: Date received COUNTY COUNSEL ADDRESS: West County Detention Facility BY DELIVERY TO CLERK ON April 4, 1996 MARTINEZ CALIF. 5535 Giant Highway Richmond, CA 94806 BY MAIL- POSTMARKED: April 3, 1996 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. ppH g DATED: April 4, 1996 BtIL Deputy OR, ClerkZW I1. FROM: County Counsel TO: Clerk of the Board of Supervisors (tom' 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). (k--rClaim 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: D AIJt/L� . 21— Z —kx- al4t l�Qi11 A 1,2.� G�/!!/j 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: PHIL BATCHELOR, Clerk, By,�1&I A y 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:_ /0, BY: PHIL BATCHELOR beputy Clerk CC: County Counsel T"""`� County Administrator c.� TO: Charles M. Gutierrez West County Detention Facility 5535 Giant Highway Richmond, CA 94806 NOTICE TO CLAIMANT (Of Late-Filed Claim) (Government Code Section 911 . 3) The claim you presented to the Board of Supervisors of Contra Costa. County, California, as governing body of the County of Contra Costa and/or District, on April 4 , 1996 has been reviewed by County Counsel and is being returned to you herewith because: The portion of your claim which arose prior to October 4 , 1995 for an injury to person or personal property which arose on or after January 1, 1988 was not presented within six months of the event or occurrence as required by law. (See Government Code sections 901 and 911 .2) Because the claim was not presented within the time allowed by law, no action was taken on the claim. Your only recourse at this time is to pursue that portion of the claim which is untimely is to apply without delay for leave to present a late claim. (See Government Code sections 911 .4 to 912 . 2 and 946 . 6) Under some circumstances leave to present a late claim will be granted. (See Government Code section 911 . 6) You may seek the advice of an attorney of your choice in connection with this matter. If you desire to consult an attorney, you should do so immediately. PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator By: D uty Clerk Dated: Enclosure NOTICE OF LATE CLAIM Page 1 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 copy of the above Notice to Claimant (of Late Submitted Claim) , addressed to the claimant as shown above. Date: By Phil Batchelor by Deputy Wrk NOTICE OF LATE CLAIM Page 2 RECEIVED APR - 4 1996 NOTICE OF CLAIM AGAINST COUNTY OF CONTRA COST LERK BOARD OF SUPERVISOR; CONTRA COSTA CO. To: The Board of Supervisors of Contra Costa County From: Charles M. Gutierrez Please be advised that Charles M. Gutierrez and his children, Ben, age 15, Joelle, age 13, and Emily, age 10, have been damaged by County employees, and by private actors clothed with state authority by County employees, in the amount of$10,000,000 (ten million dollars). There exists a system of prior restraints on parent-child speech imposed by the Family Law Division of the Superior Court, Family Court Services, and their designees. In 1990 Gutierrez and his children were subjected to this censorship system via family law orders requiring a censor for all parent-child communications. Well established safeguards designed by The Supreme Court to protect against violations of constitutionally guaranteed free speech rights were grossly ignored. Gutierrez made every effort to legally redress this 1st Amendment abuse but the conduct continued until December of 1995. As a result Gutierrez and his children have suffered extreme emotional distress and psychological torment. The parent-child relationship has deteriorated and basic family associations have been irreparably damaged. Years of family life have been irretrievably lost. It is the intent of Mr. Gutierrez to file suit in Federal Court at the earliest possible date against County employees James Libby, James Trembath, Josanna Berkow, Theodore Jorgensen, and Claudia Coale, and private actors clothed with state authority John Willbrand, Susan Brooke, Robert Brooke, Stacey Rodriguez, and Terry Lima. Respectfully submitted, • Date 6,1-Z-,/C Signed Charles M. Gutierrez West County Detention Facility 5535 Giant Highway Richmond, CA 94806 cc; Family Guardian Journal, Contra Costa Times, The Recorder, San Francisco Chronicle, The Los Angeles Daily Journal. � d o �ti o r= b CA r� TI Z fJl,? Co ,l1 G -yam Z. A Q � i � 1 F CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA N1y%7, 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: Within the Jurisdiction of the Section 913 and 915.4. Please note all Superior Court CLAIMANT: Hector Heredia APR 0 4 1996 ATTORNEY: Kevin C. Coleman EL Attorney at Law Date received 00UNINEZCATY IF. ADDRESS: 1299 Fourth Street, Suite 405 BY DELIVERY TO CLERK ON April 4, 19y)O TINEZCALIF. San Rafael, CA 94901 BY MAIL POSTMARKED: April 3, 1996 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: April 4, 1996 ppHH1L BATCHELOR, Clerk Br Bl': D puty LI. 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` ` -! BY: Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six- (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For additional 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: io BY: PHIL BATCHELOR b QQ,,,Qjeputy Clerk CC: County Counsel County Administrator G.a:c to: BOAM) OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT A. Claims relating to causes of action for death or for injury to person or to per- sonal property or growing crops and uhich 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 groaning crops and uhich 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 on~ year after the accrual of the cause of action. (Govt. Code 5911.2.) B. Claims must be filed with the Cleat 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 Comity, 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 eadh public entity. E. Fraud. See penalty for fraudulent claims, Penal.Code Sec. 72 at the end of this BE: Claim By ) Reserved for Clerk's filing stamp HECTOR HEREDIA ) RECEIVE® l Against the County of Contra Costa , APR - 4 1996 District) CLERK BOARD OF SUPERVISORS Film 17l n ) CONTRA COSTA CO. Mie mdersigned claimant hereby makes claim against the County of Contra Costa or the above-naaeed District in the sum of $vthin the and in support of this claim represents as follows: jurisdiction of the Superior Court. 1. When did the damage or injury occur? (Give exact date and hour) October 21, 1995 / between 8:00 and 9:00 p.m. 2. Where did the damage or injury occur? (Include city and county) Contra Costa County Jail, Martinez, Contra Costa County 3. Hou did the damage or injury occur? (Give full details; use extra paper if required) See attached sheet. 4. What particular act or omission on the part of County or district officers, servants or employees caused the injury or damage? See attached sheet. �. «mat are the na'aes of counLv or district officers, servants or employees causing th° ::amage or inj�', Unknown, discovery and investigation are continuing. 5. Iftt damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. See attached sheet. 7. How Was the amount claimed above com)uted? (Include the estimated amount of any prospective injury or damage.) Not applicable at this .time. S. Names and addresses of witnesses, doctors and hospitals. See attached sheet. 9. List the expenditures you made on account of this accident or injury: DATE MY. AMXW Unknown at this time, discovery and investigation are continuing. . Gov. Code Sec. 910:2 provides: "The claim must be signed by the claimant SEND NOTICES T0: (Attorne ) or by some person on his behalf." Name and Address of Attorney . Kevin C. Coleman (" Attorney at Law Claimant's Signature Kevin C. Coleman, Attorney for Claimant 1299 Fourth Street, Suite 405 San Rafael, CA 94901 Address. Telephone No. (415) 458-8820 Telephone No. NOTICE Section 72 of the Penal Code provides: "Every person who, With intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, city or district board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or Writing, is punishable either by imprisonment in the county jail for a period of.not mare 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,(300, or by both s,=h i.y risonr)ent and fine. Paragraph 3 Mr. Heredia was accosted and physically attacked on his way to or from the restroom while incarcerated at Contra Costa County Jail. Approximately ten other inmates accosted him and physically attacked him and severely beat him with their fists and kicked him with their feet. Paragraph 4 The County, its officers, servants, agents or employees caused the injury to me Mr. Heredia by: 1. Announcing the charges of molestation against a child of 14 or 15 in open court. 2. Failing to drop the charges against Mr. Heredia on the day that the complaining party dropped the charges and admitted to the falsehood of the charges. 3. Failing to release claimant from incarceration on the day that the complaining party dropped the charges and admitted to the falsehood of the charges. 4. Keeping claimant incarcerated with the general jail population instead of a secluded from the general population once the charges of molestation of a minor had been announced in open court. This was done with full knowledge of the risk of physical attack from inmates with knowledge of the charges of molestation of a minor. 5. Wrongly failing to drop charges against claimant allegedly because his public defender was in court. This was false in that there were other public defenders available to represent claimant so that he could be released. 6. By informing claimant's family that he could not be released because he was not available for the court appearance when in fact he was being held at the court awaiting the hearing the entire afternoon of October 20, 1995. 7. Providing inadequate security in the area where claimant was attacked and beaten. Guards were watching television when they should have been on duty. 8. By the negligence of the guards on duty in performing their duties. 1 Paragraph 6 Claimant suffered a severe eye injury in which he has lost sight from his right eye and may never recover it. Claimant has had two eye surgeries and may need future surgery. Claimant can still not see out of his right eye. Claimant also potentially suffered a closed head injury from kicks and blows that he received to his head. The full extent of claimant's injuries and damages are.not yet fully ascertained since he is still undergoing treatment. The amount of claimant's medical bills, loss wages,pain and suffering and other damages are unknown at this time as they are continuing and still accruing. Paragraph 8 Witnesses are currently unknown, discovery and investigation is continuing. Claimant was seen at Merrithew Memorial Hospital, 2500 Alhambra Avenue, Martinez, CA,Emergency Room. Claimant was treated by Dr. Stewart Daniels at the Bay Area Retina Associates, 491 - 30th Street, Suite 102, Oakland, CA 94609 and had surgery at Summit Medical Center. Claimant was also treated at Doctor's Hospital, 2151 Appian Way, Pinole, CA 94564- 2578. Claimant received surgical treatment at Summit Medical Center 350 Hawthorne Ave., Oakland, CA. 2 a-O.O 0 O� LA OQ OC 11 ma Ia � Qiu#4no T cc ..�.../._ 00 v W% I-Ol ti c: ko q o 5 ;r 0 a° na �4 ` -. N a ro m cn m o 0 w Ln r. ro Ln r N O O 4-) 4.) m m U En N d N rtf s~ 3-i FC t- 4J ED U) 44 U FC tU N Ri >r rel X �, ++ w •a `A z °.-4' O O i1 m fid�r' U UUklO Z LU r� o _ T h V a , `i a LU p a a 0\ � !',�: N � �1- RECEIVED is C THE LAW OFFICE OF ja KEVIN C. COLEMAN 1299 FOURTH STREET,SUITE 4.05 APR - 4 1996 SAN RAFAEL, CALIFORNIA 94.901 415 458 88zO CLERK BOARD OF SUPERVISOR$ FAX 415.459.13$4 CONTRA COSTA CO. April 3, 1996 Clerk of the Board of Supervisors Contra Costa County County Administration Bldg., Rm 106 651 Pine Street Martinez, CA 94553 RE: Claimant: Hector Heredia Dateof Loss: October 21, 1995 Enclosed please find: CONTRA COSTA COUNTY CLAIM FORM (XX) For Your Information ( ) Per Your Request ( ) For Signature& Return ( ) Per Our Conversation ( ) For Signature and ( ) For Your Files Forwarding ( ) See Remarks Below ( ) For Payment ( ) For Recordation (XX) For Filing ( ) Other ( ) For Court Filing&Return of Endorsed Stamped Copy in envelope provided. tEMARKS: Please file the enclosed Claim Form from Hector Heredia. Please return a stamped received copy of the claim form in the envelope provided. Thank you for your cooperation in this matter. Sincerel yo rs, IZa Fauq ' r 40 C. Coleman CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA May 7, 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: $25,000.00 + Section 913 and 915.4. Please note all "Warnings". CLAIMANT: Luella Laibl R7CIRaMMM) ATTORNEY: Balamuth, Esq. APR 16 1996 Law Offices of Barry Balamuth Date received NTYCOU NSEL ADDRESS: 3 Altarinda Rd. , Ste. 210 BY DELIVERY TO CLERK ON April 12,. 1 TiNE7.CALIF. Orinda, CA 94563 BY MAIL POSTMARKED: April 11, 1996 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. QQHH gg s- DATED: April 16,1 996 BYIL DepuLyLOR, Clerk II. FROM: County Counsel TO: Clerk of the Board of Supervisors (L,4 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 ( X This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six• (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For additional 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: 199. BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator 1 Barry Balamuth, Esq. (Bar No. 50058) Kelly Balamuth, Esq. (Bar No. 172522) 2 LAW OFFICES OF BARRY BALAMUTH 3 Altarinda Road, Suite 210 RECEIV ED 3 Orinda, California 94563 4 Telephone: (510) 254-1234 APR 12 1996 Attorneys for Claimant , CLERK BOARD o 5 CONTRA COSTA CO. 6 7 8 IN THE NATTER OF THE CLAIM OF 9 10 LUELLA LAIBL, ) CLAIM FOR PERSONAL INJURIES (Government Code § 910) 11 Claimant, ) 12 vs. ) 13 COUNTY OF CONTRA COSTA, ) 14 Respondent. ) 15 To the County of . Contra Costa: 16 You are hereby notified that Luella Laibl claims damages from the 17 County of Contra Costa and others. 18 1. NAME AND ADDRESS OF CLAIMANTS: 19 Luella Laibl 20 1580 Geary Road, #135 Walnut Creek, CA 94598 21 2 . NOTICES/COMMUNICATIONS REGARDING CLAIMS TO BE SENT TO: 22 - - Barry Balamuth, Esq. 23 LAW OFFICES OF BARRY BALAMUTH 3 Altarinda Road, Suite 210 24 Orinda, California 94563 (510) 254-1234 25 26 27 28 1 3 . DATE AND LOCATION OF INJURY[DAMAGES: 2 On or about October 15, 1995, at approximately 9: 15 a.m. , 3 claimant, Luella Laibl, suffered injuries and damages in the County of 4 Contra Costa, when she tripped over a defective segment of sidewalk, 5 on the north side of Geary Road near its intersection with Pioneer 6 Avenue, Walnut Creek, California, and fell violently to the pavement. 7 Luella Laibl suffered serious injuries including, but not limited to, 8 a fractured wrist, nerve damage to her wrist and forearm, knee 9 contusions and multiple abrasions. 10 Claimant Luella Laibl alleges, and will prove, that the County of 11 Contra Costa negligently maintained the sidewalk. This directly 12 resulted in the accident that injured her. 13 4 . NAMES OF PUBLIC EMPLOYEES CAUSING CLAIMANT'S INJURIES: 14 Claimant does not currently know the name of public employees 15 responsible for her injuries. 16 5. INJURIES SUSTAINED: 17 Claimant has suffered injuries and damages including, but not 18 limited' to, fractured wrist, nerve damage, contusions and abrasions, 19 medical expenses, emotional and mental distress, pain and suffering, 20 and overall reduction in the quality of life. 21 6. AMOUNT OF CLAIMS: 22 The amount of this claim is far in excess of $25, 000, which means 23 that jurisdiction will rest in the Contra Costa Superior Court.. 24 Dated: April 11, 1996. 25 LAW OFFICES OF BARRY BALAMUTH 26 27 By: arry alamuth 28 4;.�•-�'.. �{>_� 'l ='- �4:. `23,•x.. ',,, ;, ,r+ i p"r o •? ON d U N tP t� l O Uri, o o s Ln a d O d x d MII^^ V x d U d w O cn a