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HomeMy WebLinkAboutMINUTES - 06041996 - C18 CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA June 4, 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: $1,000,000.00 Section 913 and 915.4. Please note a1Tl��4tt>I�� ,�� CLAIMANT: Jean Musgrave MAY 17 1996 ATTORNEY: Jill Henderson The $uchta Law Offices Date received COUNTY COUNSEL MARTINEZ CALIF. ADDRESS: 3223 Crow Canyon Road, Ste.350 BY DELIVERY TO CLERK ON May 16, 1996 San Ramon CA 94583 BY MAIL POSTMARKED: May 15, 1996 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. IL gATCHELOR, Clerk DATED: May 17. 1996 ��: Oeputy 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: ZD ) L 9 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. A' Dated: JUN 04 1996 PHIL BATCHELOR, Clerk, By\,&A 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: JUN BY: PHIL BATCHELOR by " u t y Clerk CC: County Counsel County Administrator 02it '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 form. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * RE: Claim By ) Reserved for Clerk's filing stamp Jean Musgrave ) RECEIVED Against the County of Contra Costa ) MAY 16 ) and/or ) The Housing Authority of Contra Costa CLERKBOARDOFSUP ERV(SORS District) CONTRA COSTA Cfl. Fill in name ) The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ 1 . 0 0 0 . 0 0 0 . 0 0 and in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact date and hour) 3/13/96 at approximately 4 : 00 p.m. 2. Where did the damage or injury occur? (Include city and county) 1111 Ferry Street, City of Martinez, County of Contra Costa 3. How did the damage or injury occur? (Give full details; use extra paper if required) Claimant was tripped by a dog which. the Housing Authority knew presented a danger to other tenants . 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? The Housing Authority .,of:_Contra Costa knowingly and negligently allowed a dangerous. condition -to exist on their property. Specifically, a resident at the Housing Authority' s property kept a large dog on a chain on the outdoor corridor. Claimant was walking down the corridor when the dog moved the chain and tripped Mrs. Musgrave. (over) 5•- , employees i�TYiat are the names of county or district officers servants or to ees causing 'the damage or injury? The individual names are not known to claimant, but are known to the district. 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. Fracttred 'hip'.* The dollar amount exceeds the Superior Court jurisdictional limits. 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) A fractured hip on an elderly woman exceeds Superior Court jurisdictional limits without the need for computation. 8. Names and addresses of witnesses, doctors and hospitals. 1 . American Medical Response, ',.41300 Chris-ty St. Freemont, CA 94539 2: Merrithew Hospital, 2500 Alahambra, Martinez, CA 94553 3. Community Care Convalescent . Hospital, 1790 Muir Road, Martinez, CA Witnesses unknown, investigation is continuing 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT 1 . 3/13/96 American Medical Response To Be Supplied 2. 3/13/96 Merrithew Hospital $24, 267 . 20 3. Community Care Convalescent _ To Be Supplied • � � � � � � �t * � � * � � * � * * �t �t �t � � �t � it �t �t �t � �t �t �t it �t � �t �t s � � � 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 Jill Henderson, The Buchta Law Offices Llaimant's Si natur 3223 Crow Canyon Road, Ste. 350 Jill Hen erson,Atto ey or Claimant San Ramon, CA 94583 The Buchta Law Offices 3223 Crow anyon Road, Ste. 350 San Ramon, CA 94583 Telephone No. A510) -8-66-,81787 Telephone No. (510) 866-81781 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. K Q o 0 3 � 0' Do aCL i =` m — o .� 0 �. ° v� r. w a CL o tn Cc cn C.0 o� 1� Is Uo1 iV > M. tv cat ttt ro M. S ,i s AMENDED CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA JUNE 4, 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 N (Paragraph IV below), given pursuant to Government Code Amount: $32,247.84 Section 913 and 915.4. Please note all CLAIMANT: Garaventa Enterprises c/o Gary Lazdowski MAY 13 1996 ATTORNEY: Date received COUNTY COUNSEL ADDRESS: 4080 Mallard Drive BY DELIVERY TO CLERK ON May 7, 1996 MARTINEZ CALIF. PO Box 5397 Concord Ca 94520 BY MAIL POSTMARKED: Hand Delivered via: County Counsel I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. ��IL gATCHELOR, Clerk _A4, P -�� DATED: May 13, 1996 : Deputy asI 11. 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: m t 19 BY: C 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 (-,!) 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. JUN Dated: ® 4 1996 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 claimanty as shown shown above. ss c> B� .T--I , Dated: BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator �1 - v •`■ ` TTtt�� � 7f iU MA V Garaventa Enterprises COUNTY. __ 4080 MALLARD DRIVE • P.O. BOX 5397 MARTINEZ CAf.IF. CONCORD, CALIFORNIA 94520 (510)689-8390 May 6, 1996 RECEIVED Contra Costa County MAY _ 7 1996 Office of County Counsel -vcli County Administration Building CLERK BOARD OF VJPERVI§ORS 651 Pine Street, 9th Floor CONTRA COSM cO. Martinez, CA 94553-0116 ATTENTION: Gregory Harvey RE: Date of Loss: 01/04/96 Dear Mr. Harvey, This letter is in response to your Notice Of Insufficiency dated April 30, 1996 (copy attached). On January 4, 1996 a county vehicle#6839, V.I.N. #778652 driven by a County employee Howard Turner backed into our garbage truck at the West Contra Costa Sanitary Landfill causing extensive damage to the cab (photo's enclosed). The initial accident report was handled by Mr. Elton Rapp, Mr. Turner's supervisor on January 4, 1996. Our company received a written response to our claim(copies enclosed) on March 29, 1996 from Ms. Julie Aumock, Liability Claims Adjuster for Contra Costa County (copy attached). In this letter Ms. Aumock denies our claim based upon"granted authority." It is unclear why the County is denying our claim, when the County vehicle backed into our.truck. Enclosed is a copy of an invoice for the repairs done to our truck in the amount of $17,436.98. Also enclosed are the towing bills of $545.00 as well as a downtime representing each day the truck was out of service. The total amount of our claim is $32,247.84. C.C.C. Office of County Counsel May 6, 1996 Page 2 I trust the information provided will assist you in resolving this matter. Should you have any questions regarding this matter, please phone our office at (510) 689-8390. Sincerely, Gary Lazdowski GARAVENTA ENTERPRISES GL/cc cc: Lillian Fujii Enclosures z Memorandum OFFICE OF COUNTY COUNSEL DATE: May 6, 1996 TO: JEANNE MAGLIO, CLERK OF THE BOARD OF SUPERVISORS FROM: VICTOR J. WESTMAN, COUNTY COUNSEL By: Gregory C. Harvey, Deputy County Counsel }� RE: Garaventa claim Please treat the attached documents as an amended claim. Thanks. CONFIDENTIAL ATTORNEY CLIENT DOCUMENT CLAIM BOARD OF SUFERVISORS.OF CONTRA COSTA COUNTY, CALIFORNIA June 4, 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), iven u�rsuanntt}to vernment Code Amount: $140.88 Section 913 and 915.4 ��t� ID"rnin9s CLAIMANT: Frank Kamienski MAY 1 7 1996 ATTORNEY: COUNTY COUNSEL Date received MARTINEZ CALIF. ADDRESS: 2641 Box Canyon BY DELIVERY TO CLERK ON mnu 6 199c% Pinole CA 94564 BY MAIL POSTMARKED: May 15, 1996 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: Ma 17 1996 PpHHIL ATCHELOR, Clerk Y 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: 9 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: JUN ® 4 1996 PHIL BATCHELOR, Clerk, By � �, Deputy Clerk CZ 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. lowDated: "` � BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator May 15, 1996 REQUEST FOR REIMBURSEMENT Board of Supervisors TIECg Contra Costa County IEIV651 Pine Street Martinez . CA Gentlemen: This letter is a request for reimbursement of expenses for appearing for a court date in the Walnut Creek Municipal Court that the Walnut Creek Municipal Court failed to notify us was changed to another court in another city on another date . The background information on my request is outlined below. Cite No. 30-665956-9 Notice dated March 31 (copy attached) , required my son Christopher, who is a juvenile, to appear in the Walnut Creek Municipal Court on April 30 . Since he was a juvenile, our presence was required for this court hearing. As required by the above Notice, my wife Pat, my son Chris, and I appeared at the Walnut Creek Municipal Court on April 30 . We were advised by the Clerk of the Court and her immediate supervisor that : (a) we were not scheduled to appear in court on April 30, (b) this case was going to be transferred to Richmond Municipal Court because we live in Pinole, (c) the Court had not as of April 30 yet notified us ,of this change in court venue, and (d) a Courtesy Notice will be mailed to us advising us of this change in court venue but had not yet been mailed as of April 30 . We asked the Clerk in the presence of her supervisor why the Notice had not yet been mailed to us . The excuse was that the Citation was just received by the Clerk on April 22 and there had not been time as of April 30 to mail it to us . My wife and I both had to take off from work to attend the court date which was not scheduled for the Walnut Creek Municipal Court . I wasted two-and-one half hours of work day; my wife had to take the entire day off to make this court appearance . Board of Supervisors Contra Costa County Request for Reimbursement Page 2 . My time and my wife' s time are worth money. Because of the work time that we lost (estimated at two-and-one-half hours each) , the money we spent on gasoline traveling from Pinole to Walnut Creek, and the money we fed to three parking meters, I am asking the City of Walnut Creek to reimburse me $140 . 88 to compensate us for our lost time and expenses . A breakdown of our expenses is discussed below. Since the normal work year is 2 , 080 hours, I divided my wife' s and my annual salary by these hours and multiplied them by the two-and-one-half hours my wife and I both wasted for the Court date that was not scheduled as it should have been. Total reimbursement requested - $140 . 88 $84 . 13 - Frank K. lost salary (2 . 5hrs X $33 . 65/hour) 31 . 25 - Pat K. lost salary (2 . 5 hrs X $12 . 5/hr) 1 . 50 Parking meter fee for Frank, Pat and Chris K. 24 . 00 - 80 miles of personal auto use @ $0 .30/mile (20 miles for Frank, 40 miles for Pat and 20 miles for Chris $140 . 88 - Total reimbursement requested I look forward to my reimbursement . Please call me at (510) 355-3335 if you have any questions . Sincerely, Frank Kamienski 2641 Box Canyon Pinole, CA 94564 f CCCBOFS . 1 z ` CIA NOTICE TO APPEAR a r kHx I k" 1zs6 Q j Nt.. 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' SEE REVERSE SIDE x:�= a � — � / 1.A §% — !% z» � — . . w — �\�/��� . — % 0 U m $ . \ o © \ $� � \ K � � � � � . � � CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA June 4, 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: Superior Court Jurisdiction Section 913 and 915.4. Please note all °Warnings% CLAIMANT: Ellen McGarry ATTORNEY: Andrew_ C. Schwartz MAY U 6 1996 Date received CouN'TYOCUNSEL ADDRESS: 2121 N. California Blvd. , Ste.1020 BY DELIVERY TO CLERK ON May 3, 1996 MARTINEZ CALIF. Walnut Creek, CA 94596 BY MAIL POSTMARKED: May 1, 1996 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. ppHH gg DATED: Matz, 1996 BYIL DepuLyLOR, Clerk1,4 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: 6 . 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.JUN UN ® 4 1996 PHIL BATCHELOR, Clerk, i064 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 b Deputy Clerk CC: County Counsel County Administrator CA r 1 ANDREW C. SCHWARTZ (Bar No. 064578) CASPER, MEADOWS & SCHWARTZ 2 A Professional Corporation California Plaza 3 2121 North California Boulevard, Suite 10 Walnut Creek, CA 94596 RC ' 4 Telephone : (510) 947-1147 ; _� = 5 Attorneys for Claimant, MAY 3 199 l r ELLEN MCGARRY 6 CLERK BOARD OF SUPERVISORS CONTRA COSTA Co. 7 8 ELLEN MCGARRY, Claimant, CLAIM FOR PERSONAL INJURIES 9 (SECTION 910 OF THE 10 V. GOVERNMENT CODE) 11 COUNTY OF CONTRA COSTA, CALIFORNIA, . 12 Respondent . 13 14 To the BOARD OF SUPERVISORS of the COUNTY OF CONTRA COSTA, CALIFORNIA: 15 You are hereby notified that ELLEN MCGARRY, whose 16 address is 450 Anvilwood Drive, Oakley, California,. 94561, claims damages from the County of Contra Costa, California, in 17 an amount within the jurisdiction of the Superior Court of the State of California. 18 This claim is. based on injuries sustained by claimant on 19 or about September 28, 1994 , and continuing through December 1, 1995, in Contra Costa County, California, under the following 20 circumstances : 21 On or about September 28, 1994, in Martinez, California, Denise Rojas, Robert Law, William Thomas, David Brown, and 22 Richard Rice, Deputy District Attorneys for the County of Contra Costa, California, caused to be filed a felony criminal 23 complaint . with the Municipal Court of Contra Costa County, California. The complaint accused Claimant of the crimes of 24 violating California Insurance Code Section 1871 .4 (A) (1) and California Insurance Code Section 1871 .4 (A) (2) . 25 A ,preliminary hearing on the' complaint - was - held on 26 November 30, 1995, and December 1, 1995, in the Municipal Court of California, Contra Costa County, Mt . Diablo Judicial 27 District,. in a proceeding entitled People of the State of California, Plaintiff vs . Ellen McGarry, Defendant, No. 162815- 28 5 . At that time the court dismissed the proceeding for lack of CASPER,MEADOWS evidence against the plaintiff . &SCHWARTZ A Professional Corporation 2121 North California Boulevard — 1 — Suite 1020 Walnut Creek,California 94596 ' Tel:(510)947-1147 Fax:(510)947-1131 1 The previously named individuals acted without probable cause in initiating the prosecution of claimant in that they 2 did not honestly, reasonably, and in good faith, believe claimant to be guilty of the crimes charged. They acted 3 maliciously in instigating the criminal prosecution in that their motive was to deter claimant and others , similarly 4 situated from filing valid Workers' Compensation claims against the County of Contra Costa. These individuals circumvented the 5 remedies available to them at the Workers' Compensation Appeals Board and proceeded to file this criminal complaint against 6 claimant . 7 As a proximate result of the criminal prosecution initiated by respondent, claimant has been damaged in an amount 8 within the jurisdiction of the Superior Court . 9 As a further proximate result of the criminal prosecution, claimant incurred the cost of approximately 10 $12, 000 . 00 in attorneys' fees in defending the prosecution 11 against her. The names of the public employees causing claimant' s 12 injuries under the described circumstances are Denise Rojas, 13 Robert Law, William Thomas, David Brown, And Richard Rice, who are Deputy District Attorneys for the County of Contra Costa, 14 California, and others yet unknown. 15 The injuries sustained by claimant, as far as known, as of the date of presentation of this claim, consist of 16 attorneys' fees and costs, time missed from work, pain, suffering, humiliation and embarrassment . 17 Jurisdiction over the claim would rest in Superior 18 Court . 19 All notices or other communications with regard to this claim should be sent to Andrew C. Schwartz, Casper, Meadows & 20 Schwartz, 2121 N. California Blvd. , Suite 1020, Walnut Creek, California, 94596 . d � 21 DATED: May 1, 1996 •/°/ ANDREW C. SCHWARTZ 22 . Attorney for Claimant 23 24 25 26 27 28 CASPER,MEADOWS &SCHWARTZ A Professional Corporation 2121 North California Boulevard — 2 — Suite 1020 Walnut Creek,California 94596 Tel:(510)947-1147 Fax:(510)947-1131 N z o C r ob o � p � m N z C6 oar off,° ° Ul y N no O i*n 'Pi rtK 0H t-i ((D 0 O H rt rr r- t9i ti� (D ((DD roH m n H r rt Ul to to tii rt 0 w t c': CLAIM Q1. BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA June 4, 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: $110001000.00 Section 913 and 915.4. Please note all "Warnin s'. �� . a��� CLAIMANT: Justin Chamberlain ATTORNEY: Justin A Roberts MAY 13 1996 1078 Carol Lane, Suite 203 Date received COUNTY COUNSEL ADDRESS: PO Box 876 BY DELIVERY TO CLERK ON May 10, 1996 MARTINEZCAUF. Lafayette CA 94549-5722 BY MAIL POSTMARKED: Mav 9, 1996 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: May 13, 1996 �bIl BATCHELOR, Clerk II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ✓) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: ('ui; 1-3 , Iq u BY: Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present ( This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: J U N ® 4 1996 PHIL BATCHELOR, Clerk, B ail a 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. AR 13 M _ Dated: BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator CA LAW OFFICES OF RECEIVE® JUSTIN A. ROBERTS MAY � 0 1996 1078 CAROL LANE, SUITE 203 POST OFFICE BOX 876 LAFAYETTE, CALIFORNIA 94549-4722 CLERK BOARD OF SUPERVISORS. TELEPHONE (510) 283-4880 CONTRA COSTA CO. May 9, 1996 CERTIFIED MAIL NO. P 037 001301 RETURN RECEIPT REQUESTED Clerk of the Board of Supervisors Contra Costa County 651 Pine Street Rm 106 Martinez CA 94553 Re: Justin Chamberlain Dear Sir/Madam: Justin Chamberlain hereby makes claim against the County of Contra Costa, Merrithew Memorial Hospital, for the sum of One Million Dollars ($1,000,000.00) and snakes the following statements in support of his claim: a. Claimant's address is 1.960 Pine Street, Martinez CA 94553. b. Notices concerning the claim should be sent to the Law Office of Justin A. Roberts, c/o Justin A. Roberts, Esq., 1.078 Carol Lane, Suite 203, Lafayette, California 94549; telephone: (510) 283-4880. c. The date and place of the occurrence giving rise to this claim are that on or about November 10, 1995, and continuing thereafter, Claimant Justin Chamberlain received medical care and treatment at Merrithew Memorial Hospital, Martinez, California; for a left ankle fracture. At said time and place, agents and/or employees of Merrithew :Memorial Hospital failed to properly examine, diagnose, test, treat, or otherwise tend to the condition of Claimant. As a proximate result of said failure of exn_nination, diagnosis, testing and treatment, Claimant Justin Chamberlain sustained chronic and j or permanent impairment and pain. May 9; 1996 Page 2 d. A general description of the injury or damage includes permanent damage to structures of Claimant's left ankle, including pain and impairment of bodily use. e. The true names and complete name or names of all public employees causing the injury, damage or loss are not known at present but it is believed that the principal physician managing Claimant's care was Howard Sturtz, M.D. f. The amount of this claim is One Million Dollars ($1,000,000.00). The basis of the above amount includes medical expenses to date, future medial expenses, loss of wages, future loss of wages, and all special and general damages as allowed by law. Ju tin A. Roberts n Behalf of Claimant Justin Chamberlain JAR:clr r f � 0 CC t h10 CSS o o r $ I 014 0 H 04 r xo W � 0 � � CD � H � ru a co t V N i N i ID w „o o :r+ Q 41 gQ.r a LU J _ N . ? F CD `+ d Q ''7 NL y�r w W D m r