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HomeMy WebLinkAboutMINUTES - 06251996 - C15 CLAIM BOARS OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA June 25, 1996 Claim Against the County, or District. governed by) BOARD ACTION the Board of Supervisors, Rcuting 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 "karninas,, CLAIMANT: Pacific Gas and Electric Company Credit & Collection Center ATTORNEY: Susan Webb ✓U� 03 ©� Claims Representative Date received COVN 199 ADDRESS: P.O. BOX 8329 BY DELIVERY TO CLERK ON Ma Stockton, CA 95208 2�q�FFl BY MAIL POSTMARKED: Mav 9G 19 r, 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. ppHHIL BATCHELOR, Clerk r DATED: June 3, 1996 BY: eputy •II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) This claim complies substantially with Sections 910 and 910.2. ( V� 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: �crcc �� BY: Deputy County Counsel III. FROM: Clerk of the Board TO: County CounselCl) County Adm istrator (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: 4 V6 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 viarnina 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:��� �—q(o BY: PHIL BATCHELOR bDeputy Clerk CC: County Counsel County Administrator NOTICE OF INSUFFICIENCY AND OR NON-ACCEPTANCE OF CLAIM June 3, 1996 TO: PacificGas & Electric Company t Credit & Collection Center Attention: Susan Webb P.O. Box Number 8329 Stockton, CA 95-208 RE: CLAIM OF: Pacific Gas and Electric Company. 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 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. [xx] 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. [xx] 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. [xx] 6. The claim is not signed by the claimant or by some person on is behalf. Page 1 Other: VICTJ. STMAN; County Counsel OR By: e, g�,, regol C. parvey Deput Co ty Counsel 61 Page 2 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 Insutliciency 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: June 3, 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) Page 3 RECEIVE® May 28, 1996 MN 3 1 06 Contra Costa Public Works ATTN: Julie Aumock, Risk Managment CLE RKBOARDOFSt1 RVlSORS 2467 Waterbird Way COAITRACOSI'ACO Martinez, CA 94553 Dear Ms . Aumock: This refers to an incident on January 23, 1996, when your 1995 Ford L8000 Truck, driven by John Robert Daniel, struck and damaged our electrical service located on Boulevard Way in Walnut Creek. The conditions under which this damage occurred indicate you may be legally responsible for the damage to our Company' s property and, in our opinion, we have the right to recover from you the cost of repairs which are presently being determined. If you have insurance coverage, please provide the name and address of your insurance carrier, ' as well as your policy number in the space provided below. We will then forward our bill for damages to them. If you do not have insurance, we shall forward our bill to you for payment . Please call me at 800-945-5251, Extension, 7470 if you have any questions . Sincerely, Susan Webb Claims Representative SEW:vls A/R No. : 9601368 D&C No. : 1437862 ------------------------------------------------------------ ( ) Submit invoice directly to me for payment. ( ) Submit invoice to insurance carrier. Insurance Company: Agent : Address : City: State : Zip: Phone: Contact Name : Claim/Policy No. : Insured' s Name: AR No. : 9601368 CC: Board of Supervisors Contra Costa County N T IS) i r ve co CP r r, c w Ga NQS c7- 104 0 O v ✓m v o- CLAIM I S BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA June 25, 1996 Claim Against the Countj, 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: $15,000.00 Section 913 and 915.4. Please note all "WWrarnings% CLAIMANT: Linda Mohrmann ATTORNEY: Stephen Solano JUN p 3 1996 1119-12th Street, Ste. 1 Date received ADDRESS: Modesto, CA 95354 BY DELIVERY TO CLERK ON Ma;P �1 , 1_q_ oNTM�UNSEL TaNE�j�. BY MAIL POSTMARKED: MO�7 3n, 1 g_ c)6_ 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. QQ gg P DATED: .Tun(- -3, 1996 BIL DepuiyLOR, Clerk II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ✓) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: � � 3 , 1 ( 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: I 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 warnina see reverse side of this notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: �p -� (o - 9 BY: PHIL BATCHELOR by�,.JJZAL, &f A geputy Clerk CC: County Counsel County Administrator ' Claim to: BOARD OF SUPERVISORS OF OONT'RA COSTA COORTY INSTRUCTIONS TO CLAIMANT A. Claims relating to causes of action for death or for injury to person or to per- sonal property or growing crops and which accrue on or before December 31, 19879 mist 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, mist be presented not later than six months after the accrual of the cause of action. Claims relating to any other cause of action not be presented not later than one year after the accrual of the cause of action. (Govt. Code §911.2.) B. Claimmust be filed With the Clerk of the Board of Supervisors at its office in Roam 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. i * f f E � � � # � • � * � � f ! � f f i � f i f i • � ! i * f f f f f * • • • * • � RE: Claim By ) Reserved for Clerk's filing stamp Linda Mohrmann RE 'EIVE-- Against the County of Contra Costa ) MAY 3 �oa5 t or ) CLERK BOARD OF S1,. --` District) CONTRA CGST, Fill in name ) The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ 15,000.00 and in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact date and hour) March 9, 1996 @ 1:20 pm 2. Where did the damage or injury occur? (Include city and county) Bailey Road at the intersection with Canal Road in the unincorporated area of Contra Costa County. 3. Bow did damage or injury occur? (Give full details; use extra paper if Te A Contra Costa County Sheriffs. patrol vehicle driven by Sheriffs Officer Harold Rolers rear-ended the vehicle driven by claimant Linda Mohrmann. 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury w damage? Officer Harold Rolers was inattentive and negligently rear-ended my vehicle. (over) . , r 5. What are the names of county or district officers, servants, or employees causing the damage or injury? . Contra Costa County Deputy Sheriff Harold Rolers 6. What damage or- injuries do you claim, resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. Property damage to the rear of claimants car and soft tissue injuries to claimants back. Plaintiff also suffered wage losses. 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) Claimantdoes not know at this point the exact amount of her damages. She is still under Doctors care and recieving physical therapy.-. • «...�..�' iri: - w. a -Wa w.erreg, Zvr wrtJ' and lYoJ}/i VGts• St. Joseph's Hospital, 'Doctor Stephen Berrian Twain Harte California, 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOM, As yet, claimant does not know the amount that was paid by her insurance carrier for her medical bills, but believes them to bebetween $2500.00 and $3000.00. ! ! • � � • � f f � * ! � 1t 1t � 1t * • � � � • � i 1t � • * f f • • 1t f f • f * * � IF Gov. Code Sec. 910.2 provides: "The claim must be signed by the claimant SEND NOTICES T0: (Attorney) or by s son on his ." Name and Address of Attorney Stephen Solano ClaimaTlt's i tore 1119 - 12th Street, Suite 1 . Modesto CA 95354 l [ v dress > � --L Ck Telephone No. (209) 529-0727 Telephone No.j4 ( Q Itffate • �t •esf. ee • • e a � 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 oounty, ,eity or district board or officer, authorized to allow or pay the same it genuine, any false or fraudulent claim, bill, account, voucher, or baiting, is punishable either by imprisonment in' the county jail for a period of not more than one year, by a fine of not exceeding one thousand ($1,000), or by both such imprisonment and fine, or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars ($10,000, or by both such imprisonment and fine. LAW OFFICES OF STEPHEN SOLANO TELEPHONE 1119-12th Street, Suite I FAX (209)529-0727 Modesto, California 95354 (209)526-2295 RECEIVE n MAY 3 1 199 May 30, 1996 Gy.ERK BOARD C(. M CONTRA Cr Board of Supervisors 651 Pine Street Martinez California 94553 RE: Linda Mohrmann vs Contra Costa County Dear Clerk, Enclosed please find the original and claim against Contra Costa County for the above entitled case. It would be appreciated if you would send back acknowledgement of having received the claim and return the copy to me in the enclosed self address stamped envelope. Thank you for your time and courtesy in this regard and please call me immediately if there is a problem or you have any questions. Sincerely, LAW OFFICE OF STEPHEN SOLANO TRACI L. WATKINS, Secretary to Stephen Solano /tlw enclosures Z �~ �d .- � r M 'ts ' a v M y � � O r�j2 � C3 � U O � t _ CLAIM C BOARD OF SUPERVISO=•S OF CONTRA COSTA COUNTY, CALIFORNIA June 25, 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 i ur notice of California Government Codes. ) the action taken on your claim by the Bo � (Paragraph IV below), given pursuant to v rnment Code 00D Amount: $50,000.00ction 913 and 915.4. Please note all --wJuNgsfl.6 1996 COUNTYCLAIMANT: Lasonja Porter JUN 0 5 1996 MARNEZCALIFL ATTORNEY: Coker & Ramirez :,BOUNTY COUNSEL 'MARTINEZ CALIF. Date received ADDRESS: 2 El Cpitan Lane BY DELIVERY TO CLERK ON June 4, 1996 Antioch, CA 94509 BY MAIL POSTMARKED: June 3, 1996 1. FROM: . Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. ppHH gg DATED: June 5, 1996 8Y11 DeputyLOR, Clerk II. FROM: County Cn;in el 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: �J � 7 l �G BY: Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Admini rator (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: G - a 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 UniLpd States, over age 18; and that today I deposited in the United States Postal Service in Martinez, Califr,:rnia, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the cla'.mant as shown above. Dated:—--&- ;k-(o— ^j� BY: PHIL BATCHELOR by Deputy Clerk s CC: Count�'4 Lnsel County Administrator CLAIM AGAINST COUNTY OF CONTRA COSTA AND ITS AGENTS AND EMPLOYEES Lasonja Porter hereby presents a claim for damages against the Contra Costa County Department of Social Services and its agents and employees. ADDRESS OF CLAIMANT: Lasonja Porter 2 El Capitan Lane Antioch, CA 94509 RECEIVED is ADDRESS TO WHICH NOTICES SHOULD BE SENT: _ Lasonja Porter 2 El Capitan Lane CLERK q tom' 5UP CO Antioch, CA 94509 DATE, PLACE AND CIRCUMSTANCES OF OCCURRENCE: On or about December 6, 1995 Claimant Lasonja Porter was at her home at 2 El Capitan Lane, Antioch, waiting for her estranged husband, Christopher Porter, to arrive from his residence in Berkeley, to take her to an appointment at the Contra Costa County Social Services Department. Ms. Porter had been in the process of moving into the El Capitan Lane address for awhile, as she was nearly nine months pregnant, spending most of her time at her mother's residence. She had physically moved into the residence approximately three days before the incident upon which this claim is based. Claimant's estranged husband, Christopher Porter, was on parole supervised by California Department of Corrections Parole Agent Sidney Chew. Agent Chew had announced to Claimant and to his parolee that he would find some way to violate his parole. Christopher Porter's parole address was with a friend in Berkeley, and this is where he resided at the time of the incident. He did not live with claimant, from whom he was separated, at her residence in Antioch, and had never lived there. Despite this fact, Rajicah Haynes, of the Contra Costa County Department of Social Services, falsely reported to various law enforcement entities that Christopher Porter was residing there, and on the date of the-incident, actually informed the law enforcement agencies that Claimant was going to be brought to her Social Service appointment that day by her husband. The information given by Rajicah Haynes regarding Christopher Porter's residence were made with the knowledge that it was false, and was done with the intent to harass, annoy and vex Claimant, and to interfere with the processing of Claimant's Social Services requests. Rajicah Haynes also went out of her way, with the same intent, of making sure that law enforcement knew that Christopher Porter was going out to Antioch that day to give claimant a ride to her 1 appointment. On the date of the incident, Claimant had an appointment with Social Services, and was at home, going about her business getting ready for the appointment. She was only partially dressed when there was knock at the door. She answered the knock by asking who it was (although she was expecting her husband, she always asks who's at her door before opening it), to which she got no response. She opened the door a crack to look outside, someone yelled "State Parole!" and thrust the door open hard, knocking Claimant backwards. A Parole Agent Willeford entered the house with a weapon drawn, while an Antioch Police Department Officer stayed at the front door. After looking through the house for a few minutes, Agent Willeford went to the back door and unlocked it, letting Agent Chew in. When Claimant saw Agent Chew, she asked why they were there - Agent Willeford responded that they were looking for Christopher Porter. Claimant responded that he did not live there, and that his address was in Berkeley, which she believed was well known to Agent Chew. Claimant was instructed to sit down and be quiet. She asked several times to be allowed to put some clothes on, as she was wearing only a T-shirt, with no undergarments. The Agents refused, until approximately 15 minutes had passed, and they had commenced a search of the premises. While Claimant was sitting in the livingroom, the Antioch Police Officer told her that Mr. Porter wanted to speak with her. Surprised, Claimant asked if he was on the phone, or what. The Officer (who apparently didn't know he wasn't supposed to let on that Mr. Porter was already in custody) told her that he was out back, and led her out the back of the house through the carport and to a police vehicle. Mr. Porter was seated inside. It was then that Claimant learned Mr. Porter (whom Agent Willeford claimed they were looking for) had been arrested as he arrived at the apartment complex, before he'd even gotten out of his car. During the search of the premises, which took approximately three hours, Claimant repeatedly asked what they were looking for. Agent Chew responded initially that this was just a "routine search." Claimant asked if they had a warrant. She was ignored. Eventually, Agent Chew told her that they "were here to get a parolee who was out of the County." The errant officers seized a number of Claimant's personal goods, but gave her no inventory of the items seized, and have failed to return her personal property. RESPONSIBLE PARTIES: Contra Costa County Department of Social Services, Rajicah Haynes, and other unknown agents and employees of the Department of Social Services. 2 AMOUNT OF CLAIM: $25,000 against individual agents/employees of the Department of Social Services, and the Department of Social Services; $25,000.00 in punitive damages against individual agents and employees of the Department of Social Services GENERAL DESCRIPTION OF INJURIES AND BASIS OF COMPUTATION OF DAMAGES: Compensatory damages are based upon the violation of Claimant's civil and constitutional rights, including but not limited to the right to privacy, the right to be free from unreasonable search and seizure, the right to due process, and the right to equal protection of the laws. Compensatory damages are also based on the loss of freedom suffered when Claimant was compelled to remain in place in her home and for the loss of freedom to move about her own home. Compensatory damages are also based on monetary damages sustained by Claimant as a result of this wrongful conduct, including deprivation of the use of, and loss of property wrongfully seized by the agents and employees of the State of California Department of Corrections. Punitive damages are based upon the outrageous, malicious nature of the acts of the agents /employees of the County of Contra Costa Social Service Department. The above-described acts of these officers was willful, wanton, malicious, oppressive and fraudulent and done in conscious disregard of the peace of mind and civil rights of Claimant. Dated: June 3, 1996 Q A. ARACELI RAMIREZ 3 COKER & RAMIREZ ATTORNEYS -ABOGADOS JOHN DIAZ COKER A. ARACELI RAMIREZ RHONDA WILSON RICE RECEIVED JUN n1996 Contra Costa County Board of Supervisors CLERK BOARD OF SUPERVISORS 671 Pine Street CONTRA COSTA CO. Martinez, CA 94553 State Board Of Control P.O. Box 3035 Sacramento, CA 95812-3035 June 3, 1996 Dear Madame\Sir: Please file-stamp the enclosed document and its copy and return the copy to us in the SASE. Thank you for you attention to this matter. Sincerely yours, Daniel B. Zwickel secretary Enclosures 525 MARINA BOULEVARD PITTSBURG, CALIFORNIA 94565 (510) 432-7373 t W U Lo L r,)06 e`n`.,c�o .z Ll- MV) s= tiwlrca0 via FrnZ¢= a th _ Ul, m V� 4-4 <C O ct % O mp w O �O n M Q U � �? a u i, too ,, • „ ru M ,p " CO w `n a � Iq CwQ 5 -� Z cr Cmc m o Z Q f a. C z LU 4 Y � c . 0 ) m + Nin a CLAIM , �. BOAR^ OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA June 25, 1996 Claim Acairst 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: $2,470.00 Section 913 and 915.4. Please note all "Warnings°, CLAIMANT: Timmy Vidouich M ] ATTORNEY: °����"bn� 7 ' CtOUNIT`i CCUN-SELDate received ADDRESS: 35 Wharf Drive MAR'f1NF..kCALIF.BY DELIVERY TO CLERK ON June 7, 1996 Bay Point, CA 94565 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. ppHHII BATCHELOR, Clerk DATED: June 7, 1996 BY: Deputy 4 II. FROM: County Counsel TO: Clerk of the Board of Supervisors (� This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send ,-,, warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: lju� / q� BY: Deputy County Counsel r 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: (o ' _CJ6 PHIL BATCHELOR, Clerk, By J1aA41 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. r Dated: 40 - �a —9,(� BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator Claim 'to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT A. Claims relating to causes of action for death or for injury to person or to per- sonal property or growing crops and which accrue on or before December 31, 1987, must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or after January 1, 1988, must be presented not later than six months after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Govt. Code §911.2.) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553• C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at the end of this e • �r �t B a a s �t e e • a a a • �t • a * f a • e f a e • f e a e e s e f * • f f * � a RE: Claim By ) Reserved for Clerk's filing stamp K RECEIVED AgaInst the Co my of Contra Costa -. 71996 �,UN District) CLERK BOARP 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 $ �}-1 6 and in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact date and hour) E�- ay-Gb e 7; 3o p rY, 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)-r- S�be_c� pp )%r r\0 reCLSt)(-)� ro1�D�he� L)-p— VU-3Kea -L- S h o o-e-. : v e_C b CL L�L� (xbU-S 2_6 'A P 4`L)S LC_ec.L( dCL CSS`_4, &X ye_B c1e c��f)e6 R>c S cla:Z45 O-nd. inaol m c p_ fbems+ . 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? 'C"h,e P o l l ce W-2,re" -2".e:S S l U-e. t r> Q re e a�aris-�- r`rve um,r e. fuAA—e atm.& L, 4S L I(eq C I (over) 5. What are the names of county or district officers, servants or employees causing the damage or injury? 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. \oSS ,me,v- -a 1 cL-+ll q uLg h 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) CD lass rk w o Q-L. a_ Ac"-�5 C'40�0' Q� c�cR-c� (� cL"s 0P-S 0Lk t cam- -VZC0 .o a fer& m��r� oto C--v\Cc LL L- VL D o B. Dames and addresses of witnesses, doctors and hospitals. 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT fse • e * ese � • * � � e � � e • +� � � � * � e � • � e • � s • ffe � f � f � 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 7 . Claimant sare W Address C . Gose Telephone No. Telephone No. s • " s • e � e � f • ffe �r s • r NOTICE Section 72 of the Penal Code provides: "Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, city or district board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is punishable either by imprisonment in the county jail for a period of not more than one year, by a fine of not exceeding one thousand ($1,000), or by both such imprisonment and fine, or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars ($10,000, or by both such imprisonment and fine. CLAIM 0, BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA June 25, 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: $430.75 Section 913 and 915.4. Please note all "Warnings% CLAIMANT: John P. Basso 112:cmav IM ATTORNEY: JUN 0 3 1996 Date received ADDRESS: 34689 Mooney Ct. BY DELIVERY TO CLERK ON_ M C n'COU�_ Fremont, CA 94555 F� BY MAIL POSTMARKED: May 29, 1996 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: June 3 1996 PQHHIL BATCHELOR, Clerk / BY: Deputy 6/7 II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( v, This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: ��""r� l ( J� BY Deputy County Counsel I11. FROM: Clerk of the Board TO: County Counsel (1) County Admi Vstrator (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: 6—A5-- 9 6 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 yarning 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: -a(p — `, BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator WINDi :- Clat-b 'to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY • IN07RUCTIONS 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 12 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. * * * * * * * * * * * * * * * * * * f * * * * * * * * * * * * * * * * * * * * * * * * RE: Claim By ) Reserved for C1 � . fin 7CLJERK l 1996 Against the County of Contra Costa ) or ) BOARD OF S COS t. District) Fill in name ) The undersigned claimant hereby makes claim against the founty of Contra Costa or the above-named District in the sum of $ and in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact date and hour) 2. Where did the damage or injury occur? (Include city and county) 3. How did the damage or injury occur? (Give full details; use extra paper if 1 required) 4. What particular act or omission an the part of county or district officers, servants or employees caused the injury or damage? lel A,1 _3'4 o-,6�_ jZC V, C. S �'�. � c�C;L _ (over) 5. What are the names of county or district officers, servants or employees causing wt the damage or in jury? =t ( C 2 S C- 0 l 1 e e. �-,qtZ , F CD N r2b,�, Co S/—n- S NE 21 7 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. -70 AIK AT a 7v RFF-A(z ee7su l-t1l"7 /.qJ -.�- /3%/�-/�cli.v� 0 ,--. i4 k 1� � �/ &E 1►21 U� .L �r4 Gi�la,� P' 4l F�, l3,E44 o,.v s . .7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) iE—A/C S. Names and addresses of witnesses, doctors and hospitals. 9. List the expenditures you made on account of this accident or injury: DATE ITEM - /ylGr�'F��/� — �� r� ! P /�Jt/U/lam 0 e9002- 3 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 —�" e- U- (Claiinant's Signature 3441PBF N00 c-r- Address ,WOAir C4 6/�*Vs3,6- Ttlephone No. Telephone No. ��� ` 7 NOTICE Section 72 of the Penal Code provides: "Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, city or district board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is punishable either by imprisonment in the county jail for a period of not more than one year, by a fine of not exceeding one thousand ($19000), or by both such imprisonment and fine, or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars ($10,000, or by both such imprisonment and fine. 3. It ` . NAME � EREMOUT, CA 945W ADDRESS. (510}..77576 CITY OroC BAR. REQ. NO. AF11 d4 29 , DATE CUST.ORDER No. WHEN PROMISED PHONE AMT. PART NO. NAME OF PART" SALE M- r7 Q- 7`11 AMT. YEAR-&MAKE.OF CAR=TYPE OR.MODEL SERIAL NO. A)a C /7 l MOTOR NO. LICENS r-' MILEAGE WRITTEN BY e Ti W DESCRIPTION OF WORK AMOUNT' 1'4 07 . $ N I n Air * F 1<' CHECK BELO GAS,.OIL`&GREASE - LUBRICATE LABKR ONLY GALS.GAS f. CHANGE PARTS,' a ENGINE OIL OTS.OIL TRANSMISSION ACCESSORIES SEE BACK FORGAS,OIL ADDITIONAL PARTS TOTAL PARTS Boo- LBS:GREASE DIFFERENTIAL &GREASE ACCESSORIES—TIRES AND TUBES WASH misc. MERCHANDISE POLISH SUBLET REPAIRS HAZARDOUS WASTE DISP. �o- - TOTAL GAS, TOTAL TAX OIL&GREASE ® SERVICE AUTHORIZED BY TOTALFACCESSORIES 1111- TOTAL 0- ESTIMESTIMATES ATES ARE FORPART j I.HEREBY-AUTHORIZE THE ABOVE REPAIR'WORK TOyBE DONE ALONG WITH NECESSARY MATERIALS.YOU AND YOUR PAY THIS AND LABOR EMPLOYEES MAY OPERATE ABOVE VEHICLE FOR PURPOSES OF TESTING,INSPECTION OR DELIVERY AT MY RISK.AN EXPRESS I7 MECHANIC'S LIEN IS ACKNOWLEDGED ON ABOVE VEHICLE TO SECURE THE AMOUNT OF REPAIRS THERETO.IT IS UNDERSTOOD AMOUNT THAT THIS COMPANY ASSUMES NO RESPONSIBILITY FOR LOSS OR DAMAGE BY THEFT OR FIRE TO VEHICLES PLACED WITH Item#F673 Grayarc,PO.Box 2944,Hartford,CT 06104-2944 THEM FOR STORAGE,SALE,REPAIR OR WHILE ROAD TESTING. 0 EGI,1991,Printed in U.S.A. i I ' CENTRAL STATION T int #1a 9 1980 MUIR ROAD DlsFatch#696-244 MARTINEZ,CA 94553-4800 a CONTRA COSTA COUNTY SHERIFF-CORONER WARRENE.RUPF-SHERIFF-CORONER ' # . � PRESEPdTED BY:m_"F= REFER TO: �T X03 _i ' I I • A n � , I I I !STATE OF CALIFORNIA TRi�FFIC COLLISION REPORT PAGE \ OF + SPECIAL CnON,�DITIONS NO IM H&R FEL CITY JUDICIAL DISTRICT NUMBER Eh�ERGENCVrIKH 0 [] UNINCORPORATED MT. DIABLO NO KILL H&R MISD COUNTY DIST BEAT 77 0 CONTRA COSTA 42 C*Stars: 0A3965D1 COLLISION OCCURRED ON: MO DAY YEAR TIME(2400) NCIC/ OFFICER I.D. 0 PACHECO BOULEVARD 05113196 1405 9320 013077 C A MILEPOST INFORMATION: DAY OF WEEK TOW AWAY PHOTOGRAPHS BY: I MONDAY []YES PJ NO 0 N. [] AT INTERSECTION WITH: STATE HWY REL OR: 10 feet E of CAMINO DEL SOL YES M NO NONE PARTY DRIVER'S LICENSE NUMBER STATE I CLASS SAFETY VEH YR MAKE/MODE[ICOLOR LICENSE NUMBER Sir. 1 G0567063 CA C G 86 SUZUKI SAMURAI BLACK 1RDS685 C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . DRIVER NAME(FIRST,MIDDLE,LAST) K] JOHN PATRICK BASSO PEDES- STREET ADDRESS OWNER'S NAME f'] SAME AS DRIVER 34689 MOONEY COURT PARKED CITY/STATE/ZIP OWNER'S ADDRESS fl]"SAME AS DRIVER VEff FREMONT CA 94555 BICY- SEX HAIR I EYES I HEIGHT I WEIGHT BIRTHDATE RACE DISPO OF VEHICLE ON ORDERS OF: [J OFFICER PJ DRIVER [JOTHER CLO M 113PNIBP-NI5-1111901 03117141. DRIVEN FROM SCENE OTHER HOME PHONE BUSINESS PHONE PRIOR MECHANICAL DEFECTS: NONE APPARENT fes] REFER TO NARRATIVE[J [] (510) 790-9052 ( ) NONE CHP USE ONLY DESCRIBE VEHICLE DAMAGE SHADE IN DAMAGED AREA INSURANCE CARRIER POLICY NUMBER VEHICLE TYPE []UNK []NONE �MINOR ALLSTATE .034512635 03/01 0 1 I [J MOD.[J MAJOR []TOTAL DIR TRVON STREET OR HIGHWAY �SPD LMT PCF E PACHECO BOULEVARD 35 PARTY DRIVER'S LICENSE NUMBER STATE CLASS SAFETY VEH YR MAKE/MODEIJCOLOR LICENSE NUMBER STA 2 C0777604 CA C G 94 FORD.LTD. . . . . . .WHITE E005174 . .C< . . . . . . . . . . . . . . . . . DRIVER NAME(FIRST,MIDDLE,LASSn �/ DUTY EMIsje. VtrMjCL4C . . . . . . . f(1 DEENA D COLLIER PEDES- STREET ADDRESS OWNER'S NAME [J SAME AS DRIVER i 'ff 1980 MUIR ROAD CONTRA COSTA COUNTY i PARKED CITY/STATE/ZIP OWNER'S ADDRESS [J SAME AS DRIVER vEfT MARTINEZ CA 94553 1980 MUIR ROAD, MARTINEZ, CA 94553 BICY- SIX HAIR EYES HEIGHT WEIGHT BIRTHDATE RACE DISPO OF VEHICLE ON ORDERS OF: [J OFFICER DRIVER . []OTHER 1 CLM F BLN BLU 5-06 135 081091641 DRIVEN FROM SCENE <` OTHER HOME PHONE BUSINESS PHONE PRIOR MECHANICAL DEFECTS: NONE APPARENT ] REFER TO NARRATIVE [] (510) 646-2441 ( ) NONE CHP USE ONLY DESCRIBE VEHICLE DAMAGE SHADE IN DAMAGED AREA INSURANCE CARRIER POLICY NUMBER VEHICLE []Li`�^C [J NONE �J MINOR SELF-INSURED 48 I TYPE []MOD.[]MAJOR []TOTAL DIR TRV ON STREET OR HIGHWAY ISPD LMT PCF E PACHECO BOULEVARD 35 22106 VC PARTY DRIVER'S LICENSE NUMBER STATE CLASS SAFETY VEH YR MAKE/MODEUCOLDR LICENSE itiVMBER STATI 3 DRIVER NAME(FIRST,MIDDL£,LASI) [] PEDES- STREET ADDRESS OWNER'S NAME [] SAME AS DRIVER TRff PARKED CITY/STATE/LIP OWNER'S ADDRESS [] SAME AS DRIVER VErTL BICY- SEX HAIR I EYES HEIGHT I WEIGHT BIRTHDATE RACE DISPO OF VEHICLE ON ORDERS OF: [] OFFICER [J DRIVER []DINER CL[S1; OTHER HOME PHONE BUSINESS PHONE PRIOR MECHANICAL DEFECTS: NONE APPARENT[] REFER TO NARRATIVE[] [J CHP USE ONLY DESCRIBE VEHICLE DAMAGE SHADE IN DAMAGED AREA INSURANCE CARRIER POLICY NUMBER VEHICLE TYPE []UNK []NONE []MINOR []MOD.[]MAJOR [J TOTAL ► DIR TRV I ON STREET OR HIGHWAY SPD LMT PCF PREPARER'S NAME DISPATCH NOTIFIED SOWLES J 013077 Klyes No N/A ��+/�/+/��• • S CA P OM S?-'7- i TI2_AFI'IC COLLISION CODING PAGE 2 of DATE.OF ORIGINAL INCIDENT TEME(24W) NCIC NUMBER OFFICER I.D. NUMBER 05 - 13 - 96 1405 , 9320 013077 10A3965I)l s � lyo OWNERS NAME/ADDRESS N PROPERTY OTIF�C DAMAGE DESCRIPTION OF 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 to 6-PASSENGERS B-UNKNOWN M-AIR BAG NOT DEPLOYED DRIVER I-FULLY EJECTED 7-STA.W GN.REAR C-LAP BELT USED N-OTHER V-NO 2-PARTIALLY EJECTED l 2 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-LAWSHOULDER HARNESS USED -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 MOVEMENT PRECEDING LIST NUMBER(A)OF PARTY AT FAULT TRAFFIC CONTROL DEVICES 11112 3 1 TYPE OF VEHICLE 1 2 3 COLLISION A VC SECTION VIOLATED: CITED A CONTROLS FUNCTIONING A PASSENGER CARMN.WGN. A STOPPED 2 22106 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/FACTOR D PICKUP OR PANEL TRUCK D MAKING RIGHT TURN D UNKNOWN* TYPE OF COLLISION E PICKUP/PANEL TRK.W/TLR. E MAKING LEFT TURN E FELL ASLEEP' A HEAD-ON F TRUCK OR TRUCK TRACTOR F MAKING U TURN WEATHER(MARK I TO 2 ITEMS) X B SIDESWIPE G TRK./IRK.TRACTOR W/R.R. G BACKING X A CLEAR C REAR END H SCHOOL BUS H SLOWING/STOPPING B CLOUDY D BROADSIDE I OTHER BUS I PASSING OTHER VEHICLE C RAINING E HIT OBJECT J EMERGENCY VEHICLE J CHANGING LANES D SNOWING F OVERTURNED I K HWY.CONST.EQUIPMENT K PARKING MANEUVER E FOG/VISIBILITY: G VEHICLE/PEDESTRIAN L BICYCLE I L ENTERING TRAFFIC F OTHER': H OTHER': M OTHER VEHICLE X M OTHER UNSAFE TURNING G WIND MOTOR VEHICLE INVOLVED WITH N PEDESTRIAN N XING INTO OPPOSING LANE LIGATING A NON-OOLLLSION 0 MOPED 1 O PARKED X A DAYLIGHT B PEDESTRIANOTHER P MERGING B DUSK-DAWN X C OTHER MOTOR VEHICLE 1 213 MARK ASSOCIATED Q TRAVELING WRONG WAY C DARK-STREET LIGHTS D MOTOR VEH ON OTHER ROADWAY A VC SECTION VIOLATION:CITE R OTHER'. D DARK-NO STREET LIGHTS E PARKED MOTOR VEHICLE E DARK,STREET LIGHTS NOT FUNCTION F TRAIN B VC SECTION VIOLATION:CITE ROADWAY SURFACE G BICYCLE SOBRIETY-DRUG PHYSICAL X A DRY H ANIMAL' C VC SECTION VIOLATION:CRE 1 2 3 MARK I TO 2 ITEMS) B WET I I X X I A HAD NOT BEEN DRINKING C SNOWY-ICY I FIXED OBJECT: E VIS.OBSCURED B HBD-UNDER INFLUENCE D SLIPPERY(MUDDY,OILY,ETC. F INATTENTION' I C IBD-NOT UNDER INFLUENCI, ROADWAY CONDITIONS J OTHER OBJECT: G STOP&GO TRAFFIC I D HBD-IMPAIRMENT UNK.' MARK I TO 2 ITEMS PEDESTRIAN'S ACTIONS H ENTERING/LEAVING RAMP I E UNDER DRUG INFLUENCE' A HOLES,DEEP RUTS' X A NO PEDESTRIAN INVOLVED I PREVIOUS COLLISION I F IMPAIRMENT-PHYSICAL' B LOOSE MATERIAL ON RDWY' B CROSSING IN XWALK/INTERSECTION I J 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 D CONSTRUCTION-REPAIR ZONE INTERSECTION 1 SLEEPY/FATIGUED E REDUCED ROADWAY WIDTH D CROSSING NOT IN CROSSWALK L UNINVOLVED VEHICLE SPECIAL INFORMATION F FLOODED' E IN ROAD-INCLUDES SHOULDER M OTHER': A HAZARDOUS MATERIAL G OTHER': F NOT IN ROAD X X N NONE APPARENT B SEATBELT FAILURE X H NO UNUSUAL CONDITIONS G APPROACHING&F,AVING SCHOOL BUS O RUNAWAY VEHICLE _ It SKETCH MISC$LLANEHQDOT CR CRNR 9C CHP Ca, DA PD O PR7/loL CT OTHER ' ,SIATE OF CALWORNIA INJURED/WITNESSES/PASSENGERS PAGE 3 OF DATE OF COLLISION TIME(24W) NCtC NUMBER OFFICER I.D. NUMBER ' 05 - 13 - 9.6 1405 9320 013077 OA3965D1 S EXTENT OF INJURY('X' ONE) INJURED WAS('X' ONE) WITNESS PASSENGER AGE SEX PARTY SEAT SAFETY EJECT ONLY ONLY FATAL SEVERE OTHER VISIBLE COMPLAINT NUMBER POS. EQUIP. INJURY INJURY INJURY OF PAIN DRIVER PASS. PED. BICE OTHER X 29 M 2 3 G 0 NAME/D.O.B./ADDRESS TELEPHONE ETHAN KATZ 07-14-66 H-1980 MUIR ROAD, MARTINEZ, CA, 94553 (510) 646-244 (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 CRIME NOTIFIED NAME/D.O.BJADDRESS TELEPHONE (INJURED ONLY)TRANSPORTED BY: TAKEN TO: DESCRIBE INJURIES: J VICTIM OF VIOLENT CRIME NOTIFIED PREPARER'S NAME LD NUMBERMO. DAY YR. REVIEWER'S NAME MO. DAY YR. SOWLES J 013077 05-13-96 • J STATE OF CALIFORNIA NARRATIVE/SUPPLEMENTAL PAGE `t DATE OF INCIDENT TIME NCIC NUMBER OFFICER I.D. NUMBER 05/13/96 1405 9320 013077 OA3965D1 1 FACTS: 2 3 NOTIFICATION: I was dispatched to a call of a non-injury collision at 1422 4 hours. I responded from the Contra Costa CHP office and arrived on scene at 5 1425 hours. All times, speeds and measurements in this investigation are 6 approximate. Measurements were taken by rollmeter by Officer Gates, except 7 where otherwise indicated. s 9 + • At the scene of this collision, Pacheco Boulevard is a 10 eastbound/westbound rural roadway consisting of two lanes. The roadway is 11 straight and level. The surface is composed primarily of asphalt. See diagram. 12 13 PARTIES: 14 15 Party # 1a�was located standing on the sidewalk near the right side of his 16 vehicle upon my arrival. Party Basso was identified by a valid California driver's 17 license. Basso was placed as a party by the following items: 1s 19 - personal statements 20 - location 21 - being registered owner 22 23 Suzuki Samurai, Driver# 1's vehicle, was moved prior to my arrival and was. 24 parked along the right curb of eastbound Pacheco Boulevard east of Camino Del 25 Sol. V-1 had a cracked right-rear wheel rim and a scratch to its right-rear bumper 26 area. 27 28 Party # 2 (Collier) was located standing on the sidewalk to the right side of her 29 vehicle upon my arrival. Party Collier was identified by a valid California 30 driver's license. Collier was placed as a party by the following items: 31 32 - personal statements 33 - location 34 PREPARER'S NAME I.D.NUMBER DATE REVIEWER'S NAME DATE J SOWLES 013077 05/13/96 STATE OF CALIFORNIA NARRATI USUPPLEMENTAL PAGE S DATE OF INCIDENT TIME NCIC NUMBER OFFICER I.D. NUMBER 05/13/96 1405 9320 013077 OA3965D1 1 2 Ford LTD, Driver # 2's vehicle, was was moved prior to my arrival and was 3 located parked along the right curb of eastbound Pacheco Boulevard east of 4 Camino Del Sol. V-2 had scuff marks and scratches to its left-front bumper area, 5 as well as a crack to the left-front area of the front bumper. 6 7 PHYSICAL EVIDENCE: None 8 9 STATEMENTS: 10 11 Party # I (Basso)related that he was eastbound on Pacheco Boulevard just east 12 of Camino Del Sol at approximately 35 mph when the right-rear area of his 13 vehicle was sideswiped by V-2, which was pulling out from the right curb. 14 15 I'ar.ty # 2 (Collier)related that she was parked along the right curb of eastbound 16 Pacheco Boulevard at Camino Del Sol. P-2 said she pulled out from the right 17 curb and just before entering the eastbound lane of Pacheco Boulevard, she saw,a 18 red car go by, which she stopped for. P-2 said she then pulled out, but did not 19 see V-1 eastbound on Pacheco Boulevard because V-1 was in her blind spot. P-2 20 said she had just stopped when the left-front area of her front bumper contacted 21 the right-rear bumper area and right-rear wheel rim of V-1. 22 23 Passenger (Katz) was contacted standing on the sidewalk to the right side of V-2 24 upon my arrival. Katz related that he was training P-2 (Collier) and told her he 25 wanted her to proceed after a vehicle which was northbound on Camino Del Sol. 26 Katz said P-2 pulled out from the right curb, but did not see V-1 until it was too 27 late, at which time Katz said V-2 struck V-1. 28 29 OPINIONS AND CONCLUSIONS 30 31 SUMMARY: V-1 (Suzuki) was eastbound on Pacheco Boulevard at Camino 32 Del Sol at approximately 35 mph. V-2 (Ford) was parked along the right curb of 33 eastbound Pacheco Boulevard at Camino Del Sol when P-2 pulled out from the 34 right curb and into the eastbound lane of Pacheco Boulevard. In doing so, P-2 PREPARER'S NAME I.D.NUMBER DATE REVIEWER'S NAME DATE J SOWLES 013077 05/13/96 STATE OF CALIFORNIA NARRATIVEMPPLEMENTAL PAGE DATE OF INCIDENT TIME NCIC NUMBER OFFICER I.D. NUMBER 05/13/96 1405 9320 013077 OA3965DI S - k to I failed to see V-1 eastbound on Pacheco Boulevard because V-1 was in her blind 2 - spot. P-2 braked, but the left-front area of her vehicle hit the right-rear bumper 3 area and right-rear wheel of V-1. 4 5 AREA OF IMPACT: The area of impact was determined by the statements of 6 the drivers and was located: ten feet east of the east roadway edge prolongation 7 of Camino Del Sol and four feet north of the south roadway edge of Pacheco s Boulevard. 9 10 A • P-2 (Collier) was the cause of this collision and in violation of 22106 11 VC-unsafe start. The cause was determined by the statements of the drivers 12 involved. 13 14 RECOMMENDATIOI\I� 15 16 None. 17 1s PREPARER'S NAME I.D.NUMBER DATE REVIEWER'S NAME DATE J SOWLES 013077 05/13/96 STATE OF CALIFORNIA blI&RRATIMUSUPPLEMENTAL PAGE j DATE OF INCIDENT TIME NCIC NUMBER OFFICER I.D. NUMBER 05/13/96 1405 9320 013077 OA3965D1 S _ kq0 CAMINO DEL SOL N SHLDR 4FT SHLDR W/B 12FT W/B ------------------------------------ TURN ----- -- ------------------------- TURN LANE 12FT V-1 --------- -------------------------- E/B 12FT V-2 23FT SHLDR SHLDR GUTTER SIDEWALK SIDEWALK COLLISION PACHECO BLVD SKETCH PREPARER'S NAME I.D.NUMBER DATE REVIEWER'S NAME DATE J SOWLES 013077 05/13/96 STATE OF CALIFORNIA 111613RI&TIVE1551JEELEMENTAL PAGE DATE OF INCIDENT TIME NCTC NUMBER OFFICER I.D. NUMBER 05/13/96 1405 9320 013077 OA3965D1 1 CAMINO DEL SOL N Ile SHLDR 4FT SHLDR W/B 12FT W/B ------------------------------------ TURN LANE 12FT --------- -------------------------- E/B 12FT E/B 23FT SHLDR SHLDR SIDEWALK SIDEWALK PACHECO. BLVD COLLISION DIAGRAM PREPARER'S NAME I.D.NUMBER DATE REVIEWER'S NAME DATE J SOWLES 013077 05/13/96 r::t" ','exx`u-f, �' °,r�tV f" :1' 4'i?'. -w-�y...,.s� „p d i'`a „�',+--"g;'ea�-.-} t�5,''y, w- `1%11`y ,�{y.l_ ''' ,'0r`n . »r„��1117 r^',�•�y��.,;`��'4 �4°.+.* '•�" '�`;R"..i.. ..,n �wr{ F`'-. 'jr2 . ''�` i , ..;,� r�,��'� -y`°" -P`�' "r a� 'a,�' -;•i�,� ei,1,.. '*'u"hi. *=x,}__��:-.,`,'','�,, - �V.3 '3` r ry `.Ks�,. .`'.:4�`,+.','�`ki �, :� t��•"�`-t,`c}' "€ ? ' �-'" fl�' " :;R'� .i, .r1 ..+•3 r "?,�F. y _ Si':s.AP�+�, &`s. `3 v ',t ,qva'. •�..-s. '` �r r ',-tf'r°'D '�.+z '*: �^' " ,r •d•� { - �.3 .z i��-i-A- •.$.' ga ..*. 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'kc z s IM .jam," �.' fRd' y a-� `,Y 7• -r7¢ �,.`�-,+g Y+�r' ..t�`s�-: .+"ica3r-�r ,�,::a. r -'%�'t''9 Yi r a 1.�t„i^ "fit�. ■. y P X ant s Y t 7 � i uFs�3q d & fru sk t a s ■ -c- la"` ♦ r"yt v' '^y t w'S •`�+, rh,?�•` `.-i,, tz 0_1 ��,F - r .�3 '_ a,� -^ ya - K k a� s,. x'^••-r• rte.3,++- .:'ts# � "';v ,� :r. ' " �x''y,�.t` '`x= t bt4t, g x xs. ..�'z�' .' �..•, t�'_ i is { x. .. a � t,z fi'4Y 4 ...,1�1� 'z�G `F .,;p f1`a.f},r� , -„ t?c`?v xa.x5kir'r C':;, �.ec� t+`'�t y^3; it. 'X s� �,,t 1 : mw"'^' `k �"k'r ' Y+L. 'X "4$5 s;'4` %I - ' -- `rte �,.�"i r_._” ...,s- rr,rxr<....<�,S.:.t �i'..:_.`,t' .. _3s: ..•^a..e..='<'?r: -tet' ....,..�.>._.• '... fi`+--•�..Y. :dt uz:,., ....35..-, , ,..._,. _ 'S-.': � r—, - - _ ... .._.°.-z.._,s_...1 AMR ) B^A" Or SU«;SIS =5 O� CONT; C^STA CO!INTY, CAL! June 25, 1996 Cla'.m Acairst the County, or District governed by) BGS=^ ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO.CLAiMANT and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Governnent Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant tG,Amount: $100,000 Section 913 and 915.4. Please note at+ rnjn�si8t@ CLAIMANT: Homer and Lynn Bryant .JUIN 18 1996 SE ATTORNE'i: Lawrence A. Hildes COUNTY CALIFL 1840 Woolsey St. Date received ADDRESS: Berkeley, CA 94703 BY DELIVERY TO CLERK ON Jtme 1s, 1996 BY MAIL POSTMARKED: Hand Delivered via: County Counsel 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. ppHH BATCHELOR, DATED: June 18, 1996 B1ll DeputyLOR, Clerk II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.6). ( ) Claim is net 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: De;uty County Counsel 111. FROM: Clerk of the Board TO: County Coursel (1) V County Admiv,istrator (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:—6 - a5'—9 6 PHIL BATCHELOR, Clerk, BX2LLQ Deputy Clerk 17 WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You 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 b Deputy Clerk CC: Ceu^•:y Counsel County Administrator r LAW OFFICES OF LAWRENCE A. HILDES JUN 1 7 1996 1840 WOOLSEY ST. COUnTYrx3UNSEl- BERKELEY, CA 94703 MARnMUCAUF PH: (510) 848-3949 FX: (510) 540-4821 LAW AND JUSTICE IN THE PUBLIC INTEREST Gregory C. Harvey Deputy County Counsel County of Contra Costa County Administration. Building 651 Pine St,9th Floor Martinez, CA 94553-01.16 June 14, 1996 Demand Pursuant to GC, s 910 To Gregory C. Harvey: Enclosed is a revised copy of the demand letter I sent to you previously. I have underlined both the requested information that was already present, as well as the additional information which is included now. You will note that the date has been updated to June 24. If a satisfactory response is not received by that time, we will take further legal action. As before, all questions, agreement or other correspondence concerning this matter shall be directed to me at the above listed address and phone number. Sincerely, Lawrence A. Hildes Attorney for Homer and Lynn Bryant cc. Homer and Lynn Bryant LAW OFFICES OF LAWRENCE A. HILDES 1840 WOOLSEY ST. BERKELEY, CA 94703 PH: (510) 848-3949 FX: (510) 540-4821 LAW AND JUSTICE IN THE PUBLIC INTEREST County of Contra Costa Board of Supervisors County Administration Building 651 Pine St. Martinez, CA 94553 June 3, 1996 Demand Pursuant to GC, s 910 Dear Sir or Madam: I represent Lynn and Homer Bryant of 381 Monticello Drive, (Unincorporated) Walnut Creek 94595. , who were wrongly denied a permit to build a second unit on property they recently purchased at 381 Monticello Drive in unincorporated Walnut Creek. Their permit was approved at lower levels and improperly denied on appeal from the Planning Appeals Board, where neighbors had taken it, by the County Board of Supervisors, on April 1.5, 1996 pursuant to lobbying efforts and personal involvement by Supervisor Bishop. It is clear from the record and other information available to myself and my clients, that their permit was denied not for the reasons stated, but for grounds that constitute impermissible racial discrimination. The Bryants are out the $1.0,000 they paid in fees, as well as other costs, the loss of the income that they had a right to obtain, and a great deal of time. They have also suffered a considerable amount of mental anguish due to this decision. At this time, the Bryants demand the following: 1) A reversal of the previous decision. 1 2) A formal written apology from the County, the Board of Supervisors in general and Supervisor Bishop individually, acknowledging their deliberate wrongdoing. 3) Monetary compensation in the amount of $100,000 to give the monetary and emotional costs to my clients of this wrongful and discriminatory decision. Agreement to the above proposed settlement must be conveyed to me within ten (10) days of the mailing of this letter, on or by June 24, 1996. If said agreement is not conveyed by that time, my clients will have no alternative but to seek recompense in court. If that ensues, You are assured that the complaint and any agreement to settle will be for a great deal more money. All questions, agreement or other correspondence concerning this matter shall be directed to me at the above listed address and phone number. Sincerely, Lawrence A. Hildes Attorney for Homer and Lynn Bryant Memorandum OFFICE OF COUNTY COUNSEL DATE: June 18, 1996 TO: JEANNE MAGLIO, CLERK OF THE BOARD OF SUPERVISORS Attention: Shirley Casillas, Deputy Clerk FROM: VICTOR J. WESTMAN, COUNTY COUNSEL j By: Gregory C. Harvey, Deputy County Counsel Cq RE: Claim of Homer and Lynn Bryant Please treat the attached documents as an amended claim. Thanks. CONFIDENTIAL ATTORNEY CLIENT DOCUMENT 1 NOTICE OF INSUFFICIENCY AND/OR NON-ACCEPTANCE OF CLAIM TO: Lawrence A. Hildes 1840 Woolsey Street Berkeley, CA 94703 RE: CLAIM OF: Lynn and Homer Bryant Please Take Notice as Follows: The claim you presented against the County of Contra Costa 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: [xx] 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. [xx] 3. The claim fails to state the date, place or other circumstances of the occurrence or transaction which gave rise to the claim asserted. [xx] 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. [xx] 7. Other: Because of the failure to put in the date of the alleged denial, it is impossible to determine whether the claim is timely or not. Therefor the County reserves the right to raise timeliness as an issue in the event of suit. VICTOR J. STM , County Counsel By: GregoV. H ' ey Deputy County Counsel Page 1 • P 1' CERTIFICATE OF SERVICE BY MAII, (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: June 17, 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) Page 2 CLAIM BOARC OF SUC�ER�'1SO?'�S OF CONTRA COSTA COUNTY, CALIFORNIA June 25, 1996 Claim Acair.st the County, or District governed by) BOA;D. ACTION the Board of Supervisors, Routing Endorsements, , ) NOTICE TO CLAIMANT and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes, ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), giver pursuant t��� Amount: $100,000 Section 913 and 915.4. Please note a1 arninos" CLAIMANT: Lynn and Homer Bryant JUN 12 1996 COUNTY COUNSEL ATTORNEY: Lawrence A. Hildes MARTINEZ CALIF. 1840 Woolsey St. Date received ADDRESS: Berkeley CA 94703 BY DELIVERY TO CLERK ON June 10, 1996 BY MAIL POSTMARKED: June 8, 1996 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: June 12, 1996 PpHHIL BATCHELOR, Clerk , BY: Deputy II. FROM/: County Counsel TO: Clerk of the Board of Supervisors ( ✓) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ✓) Other: Dated: �Z , g �l 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). 1V. 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: BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator LAW OFFICES OF LAWRENCE A. HILDES 1840 WOOLSEY ST. BERKELEY, CA 94703 PH: (510) 848-3949 FX: (510) 540-4821 LAW AND JUSTICE IN THE PUBLIC INTEREST County of Contra Costa <Y RECEIVED Board of Supervisors County Administration Building JUN 101996 651 Pine St. Martinez, CA 94553 CSRKS R 0 SUP CONTR .C STA Cp IS .ORS June 3, 1996 Dear Sir or Madam: I represent Lynn and Homer Bryant, who were wrongly denied a permit to build a second unit on property they recently purchased at 381 Monticello Drive in unincorporated Walnut Creek. Their permit was approved at every level up until that of the County Board of Supervisors. It is clear from the record and other information available to myself and my clients, that their permit was denied not for the reasons stated, but for grounds that constitute impermissible racial discrimination. The Bryants are out the $10,000 they paid in fees, as well as other costs, the loss of the income that they had a right to obtain, and a great deal of time. They have also suffered a considerable amount of mental anguish due to this decision. At this time, the Bryants demand the following: 1) A reversal of the previous decision. 2) A formal written apology from the County and the Board of Supervisors, acknowledging their deliberate wrongdoing. 3) Monetary compensation in the amount of $100,000 to give the 1 d monetary and emotional costs to my clients of this wrongful and discriminatory " decision. Agreement to the above proposed settlement must be conveyed to me within ten (10) days of the mailing of this letter, on or by June 14, 1996. If said agreement is not conveyed by that time, my clients will have no alternative but to seek recompense in court. If that ensues, You are assured that the complaint and any agreement to settle will be for a great deal more money. All questions, agreement or other correspondence concerning this matter shall be directed to me at the above listed address and phone number. Sincerely, ` G Ok--3 Lawrence A. Hildes Attorney for Horner and Lynn Bryant N s o G EA o t O M l v $4 M tCS td O Q • d w ('o o N � 4 s4 4� o LO V U c i t �T N N U Q 1 N 144 tai) 0" xo >1 t N Q> U �c l 4 U44 oA) 1 0 3,;jw4