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MINUTES - 06101997 - C13
V CLAIM C 1 BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA JUNE 10, 1997 � JJ r 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 ��� nt to Government Code Amount: $1,707.53 Section 913125.4. Pleaste all "Warnings". CLAIMANT: Kemper Insurance Companies MAY 13 1997 Insured: Charles Beesley COUNTY COUNSEL ATTORNEY: Claim #: 707 AE 066133 N 707 MJJ MARTINEZ CALIF. Date received ADDRESS: Two Corporate Center BY DELIVERY TO CLERK ON May 9, 1997 1390 Willow Pass Road Suite 500 BY MAIL POSTMARKED Hand Delivered via: Risk Mgmt. PO Box 4133 C'on or ,_ CA 94524-4133 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: Maar 13, 1997 IVIl �ep�HtyLOR, C1er , II. FROM: County Counsel TO: Clerk of the Board of Supervisors (>) This claim complies substantially with Sections 910 and 910.2. f j 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: d �� �� BY: (,(l Deputy County Counsel U 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 bKJ This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Ord entered in its minutes for this date. Dated: .DUN 0 7 PHIL BATCHELOR, Clerk, ByAlYh J Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section .945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. * 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 Noti a to Claimant, addressed to the claimant as shown above. Dated: AN 12 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator _^ Cuw \ K� �3STA [OUMTY " O4/24/97 IQ*i n F E R. Insurance Companies RECEIVED Two Corporate Center 510/677-3400 1390 Willow Pass Road FAX 510/677-3401 MAY 7-4%M7 Suite 500 800/874-8523 P.O. Box 4133 1 Concord, CA CLERK BOARD OF SUPERV-1SORS 94524-4133 COUIRA COSTA Co. A- 18O1 SHELL AVENUE MARTINEZ CA 94553 A'If TENTION � FLEET MANAGER CLAIM # � 7O7 AE O66133 Ni 7O7 M1 DATE OFLOSS � 02/21/97 I11-4SURE1'. CHARLES BEESLEY OTHER � AS THE RESULT OF THE ABOVE CAPTIONED ACCIDENT IN WHICH YOU AND OUR INSURED WERE INVOLVED , WE HAVE MADE A COLLISION PAYMENT OF $1457 . 53 UNDER THE TERMS OF OUR INSURANCE POLICY ' WE ARE SUBROGATED TO THE RIGHTS OF OUR INSURED TO THE EXTENT OF OUR PAYMENT . OUR INVESTIGATION INDICATES THIS ACCIDENT WAS CAUSED BY THE NEGLIGENT OPERATION OF YOUR VEHICLE AND WE ARE LOOKING TO YOU OR YOUR INSURANCE CARRIER FOR FULL REIMBURSEMENT . IN ADDITION , OUR INSURED IS LOOKING TO YOU FOR REIMBURSEMENT OF THE $25O . 0O DEDUCTIBLE , MAKING THE TOTAL AMOUNT OF THIS CLAIM $17O7 . 53 . IF YOU ARE INSURED FOR THIS ACCIDENT , PLEASE FORWARD THIS LETTER TO YOUR INSURANCE COMPANY . ALSO , PLEASE PROVIDE THE INFORMATION BELOW AND RETURN THE BOTTOM PORTION TO ME . IF YOU ARE NOT INSURED , PLEASE CONTACT ME IMMEDIATELY SO THAT WE MAY AGREE ON A SETTLEMENT . YOUR DRIVER � CHERYL MARSHIOW #34219O ( DETACH) ................................................................................................................................................................................................................................................................................. YOUR AUTO INSURANCE POLICY NUMBER � NAME OF YOUR INSURANCE CDMPANy � ADDRESS OF YOUR INSURANCE COMPANY / - HAVE YOU REPORTED THIS ACCIDENT TO YOUR INSURANCE COMPANY? OUR CLAIM NUMBER / 707AEO66133 ' SIGNED / DATE AMERICAN MANUFACTURERS MUTUAL MICHELLE J . HARVEY . CLAIM DEPARTMENT 51O/677-3473 ' F5O5 gNNpED 2 BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA June 10, 1997 , J 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 qGnMeoj Amount: $500,000.00 Section 913 and 915.4. Please note all *innggs".11 TM CLAIMANT: Linda Harrell and Randolph Harrell MAY 2 2 1997 ATTORNEY: Georgia Ann Mithell__ COUNTY COUNSEL Ganong & Michell Date received MARTINEZ CALIF. ADDRESS: 1981 North Broadway BY DELIVERY TO CLERK ON May 20, 1997 Suite 340 Walnut Creek, CA 94596 BY MAIL POSTMARKED: May 19, 1997 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: May 22, 1997 laIL BAATTCUELOR, Clerk II. FROM: County Counsel TO: Clerk of the Board of Supervisors 06 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: d-77BY: Deputy County Counsel e 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 Ord entered in its minutes for this date. 0 Dated: JUN 10 1997 PHIL BATCHELOR, Clerk, By , Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. * For Additional Warning See Reverse Side Of This Notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order nd Not a to Clai nt, addressed to the claimant as shown above. Dated: JUN 12 1997 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator 'AMENDED CLAIM (Government Code § 910, et seq. ) `v May 19 ,1997 MAY2 01.91 Board of Supervisors O�RK BOARD OF County of .Contra Costa- OONTRq COS A Cp 1SOR,;i 651 Pine: Street -v-_�; Martinez, CA 94553 , Pursuant to Government Code .§ 910., et seq. , Ganong & Michell makes the following claim: Claimant: Linda Harrell and Randolph Harrell Address: 29 ,Via Aspero Danville, CA 94526-1521 Post Office ;Address for Notices:_ . ' ,,GANONG & MICHELL ' 1981 North Broadway;- Suite- 340 .Walnut Creek,,-. CA '.94596 - Date: February 15, 1997 Place: Iron Horse Trail at intersection of • Danville. Blvd. and Rudgear Road , Circumstances: Linda 'Harrell was- riding her bicycle on- the Iron - Horse Trail .and crossing Danville Blvd. '- in* the.. marked-trail, obeying traffic signals, when •she was hit by ,ar_ automobile 'operated by -Susan Ellen Tucker . (gold Infinity, lic. . .'# 3RSK844, DMV#. K0389836) , making a right' hand turn - from Rudgear. Road on to . Danville Blvd. Damages:. Severely -damages bicycle; Linda. Harrell suffered a shattered., dislocated right (major) elbow which required a -surgical repair, hospital. stay, .transportation , by ambulance, and lost wages from .,h_er employment as a contract nurse'at,Kaiser Hospital. Additional surgery,is anticipated. Randolph Harrell claims : a loss of consortium. . Name.(s) - of employees: Unknown. ' Duty/obligation-of Public Entity: ' Claimants . are, informed' and ' believe that said public agency(S) designed, built and/or maintained the intersection where Linda V Harrell was injured and that the design, construction and/or maintenance of said intersection and the- traffic signals proximately contributed to,the'odcurrence of claimants, injuries. Amount of Claim: $500,000. 00, If you have any questions or comments regarding the aforementioned, please -d'o 'not hesitate to contact the undersigned at (510) 935- -06. sincerely, G NG AND- MICHELE e gia Ann h 11 cc: clients, Patricia Murguia, 20th Century Insurance Company 1320 Willow Pass Roady 'Suite 150 Concord, California. 94520 i i s l 'i ora �, N U � •.= ON .P w 4 0 0) } COD r `R • d a a - - 0 - � r NOTICE OF INSUFFICIENCY AND/OR NON-ACCEPTANCE OF CLAIM TO: Georgia Ann Mitchell Ganong and Mitchell 1091 N. Broadway, Ste. 340 Walnut Creek, CA 94596 RE: CLAIM OF: Linda&Randolph Harrell Please Take Notice as Follows: The claims you presented against the County of Contra Costa, Contra Costa County Wide Landscape District, Contra Costa County Wide Landscape District, Zone 22 or District governed by the Board of Supervisors fails to comply substantially with the requirements of California Government Code Section 910 and 910.2, or is otherwise insufficient for the reasons checked below: [ ] 1. The claim fails to state the name and post office address of the claimant. [ ] 2. The claim fails to state the post office address to which the person presenting the claim desires notices to be sent. [ ] 3. The claim fails to state the date,place or other circumstances of the occurrence or transaction which gave rise to the claim asserted. [ ] 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 his behalf. M 7. Other: The claim fails to describe any duty or obligation of the public entity and any action giving rise to the claim. VICTOR J. WESTMAN, County Counsel By: daV.,a Deputy County Counsel Page 1 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;lam 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: May 16, 1997 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 BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA • JUNE 10, 1997 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 Amount: $500,000.00 Section 913 and 915.4. Please note allZ=ning�"'ftmab. CLAIMANT• Linda & Randolph Harrell MAY 13 1997 COUNTY COUNSEL Georgia Ann Michell ATTORNEY: g Ganong and Mitchell Date received MARTINEZCAE,4Re ADDRESS: 1981 North Broadway, Suite 340 BY DELIVERY TO CLERK ON May 8, 1997 Walnut Creek, CA 94596 BY MAIL POSTMARKED: May 7, 1997 1. FROM:. Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: May 13, 1997 IqIL BATCHELOR, Clerk ; 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: 5-13 1 BY: Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present ( ) This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. * For Additional Warning See Reverse Side Of This Notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator ' CLAIM '(Government-Code S 910; et seq.) E May CEi V 7. 19;97 : ELS MAY 81997 41 Board of .Supervisors , .. . CLERK BOARp.pF SUPER VrS(s County ,of Contra Costa 'CONTRA COSTA Cp 1 - 651 ••Pine Street Martinez, CA 94553 'Pursuant' to' Government Code:. § 910, , et seq.,',, Ganong &- Michell makes.. the 'following claim: , Claimant: Linda Harrell and' Randolph -Harrell; Address ' 29 Via Aspero Danville, •CA 94526-1521 Post- Office Address-.for Notices: GANONG & -MICHELL,, 1981 North Broadway; Suite 340 Walnut` 'Creek, CA ' 94596 Date: February 15, 1997' Place'j -Iron Horse 'Trail at intersection of Danville Blvd. and Rudgear 'Road : circumstances:- .Linda Harrell was riding ,, her ,bicycle on the Iron Horse ' Trai1 and _ .crossing Danville Blvd. in the" marked .trail., obeying traffic signals,, when she was ,hit by an automobile operated, by, Susan Ellen Tucker (gold Infinity, lic.,- # 3RSK8,44 ' . DMV# K0389836) , making a right hand turn from Rudgear Road ,on to Danville -Blvd. Damages:, Severely ' damages bicycle; Linda Harrell s'uf;fered ' a shattered, dislocated right (major) elbow which required ' a, surgical repair,'. hospital .,stay,, transportation • by ambulance, and °dost wages from her, employment as a contract 'nurse- at Kaiser Hospital. Additional'surgery is anticipated. Randolph 'Harrell claims a loss of consortium... Name-('s)•, of employees,: Unknown. Amount of Clsim: $500, 000.. 00 If'you have any questions or comments. regarding the aforementioned, please 'do 'not hesitate, to contact the undersigned at (510). 935- 0706. Sincerely, 151 NONG AND .MIC-H LL ep�q is Arae M' h i ,- cc- clients,. Patricia Murguia, 20th Century Insurance Company 1320 Willow Pass Road, Suite. 150 Concord, California 94520 Y ;. p Q C1 f •N uU $4 _ a o k �c - 0 () 4) - v� to w w o V :u a-4 s�.o 4j r � :3 r,4k 03Uto � t�1 � N L d' 00 ON K� f: W to ' f� (3N O v 0 CLAIM • Dom '3 BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA JUNE 10, 1997 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 Boar as (Paragraph IV below), given pursua10�e" Amount: $25,000 + Section 913 and 915.4. Please not 1 "Warnings° CLAIMANT: Bobby B. Barfield MAY 13 107 ATTORNEY: Michael F. Wohlstadter, Esq. MART N CAUF- Date received ADDRESS: 488 Seventh Street BY DELIVERY TO CLERK ON May 13, 1997 Oakland, CA 94607 BY MAIL POSTMARKED: Hand Delivered I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED:May 13, 1997 QQHHIL BgATC ELOR, Clerk Bl': Deputty II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( This claim complies substantially with Sections 910 and 910.2. ( This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: BY: Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present (><) This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. 0 Dated: ® ,997 PHIL BATCHELOR, Clerk, 6 JI A.I 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: J U N 12 1997 BY: PHIL BATCHELOR byAAln 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 personal 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. (Gov't 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 Bobby B. Barfield ) RECEfVE® Against the County of Contra Costa) _X e or ) MAY 1 3 1997 District) s gJERK SOARR OF SUPERviSORi;i (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 $25, 000 + and in support of this claim represents as follows: 1 When d.iA ,..he da-maga or i nji-ry nc-r_-ur_ . (Give exa__.t raatQ and holir) March 18, 1997 2. Where did the damage or injury occur? (Include city and county) Contra Costa County Jail, Martinez, CA 3 . How did the damage or injury occur? (Give full details; use extra paper if required) Claimant was housed in the B-Module, Bunk #50. Due to overcrowding, claimant wasordered to sleep on the floor next to a ledge overlooking a 20 foot drop. After falling asleep, claimant rolled off of the ledge and fell below, injuring his back ,and head. 4 . What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? [negligent selection of sleeping area for inmates; maintenance of dan- gerous condition of property for use as sleeping quarters; negligent overcrowding at jail; negligent supervision of prisoners; negligent administration of housing at the jail. (over) • 5. What are the names of county or district officers, servants or employees causing the damage or injury? Unknown at this time. 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. ) Claimant claims injuries of head and back, and of psychological distress, emotional distress 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) To be furnished; claimant anticipates Superior Court jurisdiction 8. Names and addresses of witnesses, doctors and hospitals. John Muir Medical Center, Contra Costa County Detention Facilities Medical Services 9. List the expenditures you made on account of this accident or injury. DATE TIME AMOUNT To be furnished Gov. Code Sec. 910.2 provides "The cla' must be signed by the cla'man by some person on his SEND NOTICES TO: (Attorney) be ' Name and Address of Attorney ) MICHAEL F. WOHLSTADTER, ESQ: ) A/AlZri 488 Seventh Street- ) ant's Signature) Oakland, CA 94607 ) Tel. No. 51.0/839-1612 ) c/o ichael F.Wohlstadter 488 e Rrkiand, CA Fax. No. 510/839-4250 ) d ress Y' 94607 Attorney for Claimant ) Telephone No. ) Telephone No. NOTICE Section 72 of the Penal Code provides: Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, city or district board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is punishable either by imprisonment in the county jail for a period of not more than one year, by a fine of not exceeding one thousand ($1, 000) , or by both such imprisonment and fine, or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars ($10,000, or by both such imprisonment and fine. r. CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA June 10, 1997 `�! 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), i Unings". nment Code Amount: Unknown Section 913 and 915.4ease note a CLAIMANT: James Chew and Julius Chew (a minor) MAY 0 5 1997 ATTORNEY: John L. Burris COUNTY COUNSEL Law Offices of John L. BurrisOate received MARTINEZ CALIF. ADDRESS: 1212 Broadway, Ste. 1200 BY DELIVERY TO CLERK ON May 2, 1997 Oakland, CA 94612 BY MAIL POSTMARKED: Hand Delivered I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: May S, 1997 JAIL BAATTCVELOR, Clerk eputty 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 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: 74 Dated: BY: (i ` 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 10 1W PHIL BATCHELOR, Clerk, By Q , Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personalty 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. 0 L Dated: lmsq BY: PHIL BATCHELOR byZL Deputy Clerk CC: County Counsel County Administrator TO: Office of the Superintendent WEST CONTRA COSTA UNIFIED SCHOOL DISTRICT RECEIVED 1108 Bissell Avenue Richmond, CA 94801 MAY - 217 TO: Clerk, Board of Supervisors CONTRA COSTA COUNTY CLERK B .1:..1SUPERVISORS 651 Pine Street, First Floor CONTRA COSTA M Martinez, CA 94553 TO: Office of the City Clerk CITY OF PINOLE 2200 Pear Street Pinole, CA 94564 CLAIMS JAMES CHEW, and JULIUS CHEW, a minor, present claims for damages against the City of Pinole, West Contra Costa Unified School District, Herbert Cole as Superintendent of West Contra Costa Unified School District ("WCCUSD") , Pinole Middle School, Shirley Calhoun, individually and as Principal of Pinole Middle School, Dennis Smithers, individually and as an instructor of WCCUSD, Ms. Brown, individually and as a counselor at WCCUSD, and other agents and employees whose identities have not yet been ascertained. CLAIMANTS' ADDRESS: c/o LAW OFFICES OF JOHN L. BURRIS 1212 Broadway, Suite 1200 Oakland, CA 94612 (510) 839-5200 DATE OF OCCURRENCE: November 6, 1996 PLACE OF OCCURRENCE: Pinole Middle School, 1575 Mann Drive, Pinole, CA 94564 AMOUNT OF CLAIM: $ 1, 000, 000. 00 (one million dollars) CLAIMS ARISE FROM THE FOLLOWING CIRCUMSTANCES: Claimant . JULIUS CHEW was at all times referred to herein a student at Pinole Middle Schoo . His father is claimant JAMES CHEW. On or about November , 199J; during sixth period class, Pinole Middle School instructor DENNIS SMITHERS assigned Chew to sweep Smithers' office. When Julius attempted to sweep Smithers' office, Smithers yelled at Julius not to ever go into his office. Several students witnessed this incident. While Julius attempted to clarify his cleaning assignment, Smithers stood on Julius ' foot, and continued to reprimand Julius about the sanctity of his office. Julius said "Mr. Smithers please get off of my foot. " Julius asked Smithers to get off of his foot more than seven or eight times. Finally, Smithers complied, and said, "Oh, ha ha I didn't even know I was on your foot. " On November 6, 1996, duringroll call in sixth period woodshop class, Mr. Smithers mispronounced Julius ' name. 'When Julius corrected Smithers, Smithers sarcastically replied, "I meant to say it that way. " Every student that was present laughed, and Smithers followed by saying, "You're acting like a baby Mickey Mouse. " Julius said, "My name. is not Mickey Mouse. " Smithers replied, "Just for correcting me you get four detentions. " When Julius asked why, Smithers was silent. Approximately five minutes later Smithers yelled, "Shut up! " and, "That was directed at you Mickey Mouse. " Julius felt uncomfortable with the other students laughing at him. Mr. Smithers called Julius to the front of the classroom as Smithers began to write the referral. Julius said, "Make sure you write down the names you were calling me. " Smithers said, "Shut up nigger. " Julius asked, "Why you got to be racial with me?" Smithers then grabbed Julius by the lapel of his clothing and twirled Julius around three 'times. Smithers' behavior caused Julius to be slammed into a door, striking Julius ' neck and chest upon a metal object which protruded from a workstation in the classroom. Julius fell to the floor injured and dazed. When Julius arose to his feet Smithers struck Julius in the face causing a laceration to the inside of Julius' lip. Smithers then stated, "You fucking mother fucker, get out of my class. " Smithers then kicked Julius in his rear and out of the classroom. Julius went to visit his counselor, Ms. Brown, to report the incident. Ms. Brown examined Julius ' neck. She purported to be unconvinced that Julius had been physically injured, verbally threatened, and intimidated by Smithers, and instructed Julius to return to Smithers' classroom. On November 7, 1996, James Chew instructed Julius to remain home from school pending medical evaluation, and because he feared for Julius ' safety at school. Chew had been informed that Smithers, despite the prior incident, had been allowed to return to teach in the classroom at Pinole Middle School. Principal Shirley Calhoun was apprised of the incident but failed to take appropriate disciplinary action against Smithers, and also failed to adequately investigate .the Chew claims. NATURE AND EXTENT OF DAMAGES OR INJURIES: Claimant Julius Chew sustained physical injuries, and severe mental and emotional distress. Physical injuries include but are not limited to neck and chest pain. Emotional injuries include nightmares and anxiety. Claimant James Chew sustained severe emotional and mental distress. The full extent of each Claimant's injuries and damages have not yet been determined. CAUSES OF ACTION: Possible causes of action asserted by each Claimant include, but are not limited to, the following: Federal and State civil rights claims including violation of Cal. Education Code Sections 49001 et seq. ; general negligence; failure to provide medical care; assault; battery; false imprisonment; civil conspiracy; wilful infliction of corporal punishment and physical pain upon a pupil ; intentional and negligent infliction of emotional distress; negligent hiring, training, supervision, investigation and discipline; respondeat superior; injunctive relief; declaratory relief; attorneys' fees; and punitive damages. Dated: May 2, 1997 LAW OF CES O JOHN L. BURRIS z Y' JohL. Burris, Esq. Att rney for Claimants CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA June 10, 1997 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: Exceeds the Jurisdictional minimun Section 91.j,--and '915,.4`" Please note all NWJVP=3W of the Superior Court <5D CLAIMANT: David J. Garthe & Mary E. Garthe MAY Q 7 1997 ATTORNEY: Randall C. Brummitt COUNTY Miles & Brummitt Date received MARTIN ZCALIFL MARTINEZ CALIF. ADDRESS: 1331 N. California Blvd. , Ste. 790 BY DELIVERY TO CLERK ON May 6, 1997 Walnut Creek, CA 94596 BY MAIL POSTMARKED: Hand Delivered I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: May 7, 1997 Jy1L BATTCIjELOR, Clerkeputty II. FROM: County Counsel TO: Clerk of the Board of Supervisors (>6 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). ( J 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). ( J Other: Dated: .5�— 7 7 BY: 4a411g w &4.91t� 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. 0 Dated: JUN i a igSZ PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. * For Additional Warning See Reverse Side Of This Notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 16; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Not'ce to Claimpt, addressed to the claimant as shown above. Dated: 1gQT BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator ENED MAY - 61997 TO: COUNTY OF CONTRA COSTA CLERK BOARD OF SUPERV�SO�S CONTRA COSTA CO. Claimants, David J. Garthe and Mary E. Garthe, 100 Rich Acres Road, Orinda, California 94563 , make claim against the COUNTY OF CONTRA COSTA ("COUNTY") , and make the following statements in support of the claim: 1. Notices concerning this claim should be sent to MILES & BRUMMITT, 1331 N. California Boulevard, Suite 790, Walnut Creek, CA 94596. 2 . The date, place and other circumstances of the occurrence giving rise to this claim are as follows: Claimants are owners of real property located at 100 Rich Acres Road, Orinda, California (hereinafter the "Garthe property") . COUNTY, and/or COUNTY Is duly authorized agents acting within the course and scope of such agency: (1) Negligently designed, constructed and maintained, and/or negligently approved the design, construction and maintenance of, Claremont Street and Holly Street in Orinda, California, which are public streets, including a drainage system at the intersection of said streets consisting of a catch basin and underground pipe (hereinafter the "street drain") which was designed to and, in fact, did collect drainage from said streets, divert it from its natural watercourse and deposit it on private property adjacent to said intersection; (2) Negligently required, as a condition to the issuance of building permits to owners of said adjacent private property, that said owners construct and maintain an 18-inch metal pipe on said adjacent properties to accept water from the street drain and convey it downslope to the Garthe property; (3) Negligently constructed a concrete aqueduct on private property adjacent to said streets which connected the street drain and 18-inch metal pipe, and further cleaned out the street drain, such that all water draining to the street drain would be conveyed downslope to the Garthe property; and (4) Negligently advised and directed owners of said adjacent private property to place rip-rap in the path of water discharged from the 18-inch pipe such that the water would be disbursed and allowed to saturate the ground on and upslope of the Garthe property. As a proximate result of such negligence, said owners of adjacent private property in fact constructed and installed said 18-inch metal pipe and placed said rip-rap, and drainage collected at said street drain has flowed in unreasonably large amounts and great velocities on and into the Garthe property, thereby causing a massive landslide on the Garthe property on or about January 24, 1997, which has progressively worsened and continues to worsen. Such conduct was careless and negligent in that the resulting damage to the Garthe property was reasonably foreseeable and could have been avoided by the exercise of reasonable care by COUNTY and/or said agents. Such conduct was without consent of Claimants, caused a wrongful and unauthorized entry of water on the Garthe property and constituted and continues to constitute a trespass on the Garthe property. The aforementioned use and maintenance of said drainage system by and at the direction and insistence of COUNTY constitutes a nuisance within the meaning of Section 3479 of the Civil Code, in that it is injurious to Claimants' health and interferes with the comfortable use and enjoyment of the Garthe property. 3 . The name(s) of the public employee(s) causing Claimants ' injuries and damages are unknown at this time. 4. Claimants ' injuries consist of damage and risk of further damage to the Property, in that it will continue to slide, subside, heave and generally distort, damaging plaintiffs' residence and other structures located thereon. Claimants' damages include, but are not limited to, costs of repair, diminution in value and loss of use of the Property, and damages for emotional distress. 5. Claimants' claim is for an amount which exceeds the jurisdictional minimum of the California Superior Court. Dated: May 5, 1997 MILES & BRUMMITT By: RANDALL C. BRUMMITT Attorney for Claimants CLAIM .- BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA June 10, 1997 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: $500.00 Section 913 and 915.4. Please notFpsaawft INE) CLAIMANT: Linda J. Higgins MAY 0 5 1997 ATTORNEY: COUNTY COUNSEL Date received MARTINEZ CALIF. ADDRESS: 1132 Amador Ave. BY DELIVERY TO CLERK ON May 2, 1997 Berkeley, CA 94707 May 1, 1997 BY MAIL POSTMARKED: I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: May 5, 1997 IVIL Bep �TlyLOR, 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: A 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 C>0 This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Orde entered i i s minutes for this date. Dated:—JM 10 1997 PHIL BATCHELOR, Clerk, By . Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. * For Additional Warning See Reverse Side Of This Notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant �passshown above. . Dated: des Z 199T BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator •T 3a:r to: BOAPM OF SUPERVISORS OF CONTRA COSTA COWM INSTRUCTIONS TO CLAIMANT A. Claims relating to causes o , action for death or for injury to person or to per- sonal property or growing crops and which accrue on or before December 31, 19,87, 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 perste 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 rrelating to any other cause of aetiori must be presented'•not later than ori year after the accrual of the cause of action. (Govt. Code '§911.2.) B. Claims mist 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 frzudulent claims, Penal Code Se-,. 72 at the end,of this Fo R£: Claim By ) Reserved for Clerk's filing stamp L�NvA � � r C�-Cr�NS j � . - •. Co N TTNA Ct5fiM cou - > - REC Against the County of Contra Costa ) EdVED or ) M"Y 21997 District) Fill i-n 1laline ) CLERK BOARD OF SUPRyISORS L 24�e L43deT'9i CONTRA coS q geed claimant hereby makes claim against the County of Con the above-named District in the sum of JF7o©. oo and in support of this claim represents as follaws: 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) 50urtf of ENrRMCL -ro IGO ARLi&JCTtvN AVr.� f<eNsINCTlorl� Co =4 co-zxn C-outj _ 3. How did the damage or injury occur? (Give full details; use extra paper if required) -rKt?PED o!J A 5eCT70N Df=�TP-E� -S1be-WAL* AN-D �Ll ((AD41 L-��- W A L-1--4' CT)- 4. u. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? 5. wnat are the names of county or district officers, servants or employees causing the C'armaae or :r,jur y? cmNjT�--A cos to eouwrtY Tuau c. wcTeYS -De�pa-,�>-rwt e-wr 5. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. 1k)REN I- J:�01,L f E t-t-1MY w OUT'H (om)f C14tN ( SK-rNNE> tYY tb�WOSI e" -xowS :� // . 7. How was the amount claimed above computed? (Include the estimated amount 'of 'any prospective injury or damage.) `DOc-`t-OR-f-�,c t_.L_.S -i- 1FA t Q % S v F-r la-�N CA- . $. !flames and addresses of witnesses, doctors and hospitals. wa9-P -DANte CDBB,v-DS 57ASSOC , l(32- Am,&morzAve-• f 333 C:rTZANlt> AVE. f,)O KEtV7 CA q`L707 `?� w�a�T" CA c f 4(o f D 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT i ce- V(S tt:i '-FAY (off- 00 Gov. Code Sec. 910:2 provides: "The claim must be signed by the claimant SEND NOTICES-TO: -(Attorney),. Ra or by some person on h14 behalf." Name and Address,of°Attorney (Claimant's Si t I l3 2 AW Do r---"- A U S . Address. Telephone No. Telephone No. NOTICE ' Section 72 of the Penal Code provides: "Every person who; with intent to defraud, presents for allowance .or for payment to any state board or officer, or to any county, city or district* board or officer, authorized to allow or pay the same if genuine, any false or'fraudulent claim, bill; account, voucher, or writing, is punishable either by imprisonment in the county jail for a period of not more than one year, by a fine of not exceeding one thousand ($1,000), or by both such imprisonment and fine, or by imprisonment in. the state prison, by a fine of not-exceeding ten thousand dollars ($10,000, or by both � :ch ---d nine DANIEL J. COBB, DDS LIQ ASSOC. STATEMENT Professional Corporation Pa-e I of I MIR/ TRIPP,= 1333 Grmd Ave. Piedmont. (-.'A 94610 1169 ;0111�Mml-� Is DANIl�I- J. ('01M, DDS ASSOC. Professional Corporation 1-Incka J. Hiugll'V; 1133 Grand Ave. 1132 Arne uiwr AVC Ple(firiont. CA 9461E_, 9,1-1 1()-;7 HAPPY THANKSGI\ 11,NG"' Daniel J. Cobh, 1)1.).S, 5 10') 6 5.)-1 '2 109.00 "6 Office Visit Linda 12/04/96 Single Xray- Lirida 22.00 12. 12/96 Cf-wck Payment 62.00 02,'97 Linda 109.00 Chcck Pavfricfit 9L J i � I THANK YOU FOR YOUR PA.TRONAGE. R R EN-, 31 6C DAY', C A .5 PLEASE KEEP BOTTOM PORTION FOR YOUR RIZCORDS MPFORM nmtm inw nitit-vain n—,4— )--,,�,a d N `. 1 r' $I O Zj ' 111 Ln �,t_ ttn- 4�"� "`�.► �r.�.r DQ yet r `J �J 1 f .r� CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA JUNE 10, 1997 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 thear fV- s (Paragraph IV below), given pursua Amount: UNKNOWN Section 913 and 915.4. Please note all "Warnings" CLAIMANT: State Farm Mutal Automobile Insurance Co. on behalf of MAY 1 -3 1997 Charles & Gertrude Jeffries COUNTY COUNSEL ATTORNEY: MARTINEZ CAUR Date received ADDRESS: PO Box 4011 BY DELIVERY TO CLERK ON May 9, 1997 Concord, CA 94524 BY MAIL POSTMARKED: May 7, 1997 Certified Mail I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: May 13, 1997 IVIL BATCHELOR, Clerkepu y M.4 9d ` 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: 12 BY: 4y_-1W_ 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 CX1, 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 10 1997 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 Not' a to Claimant, addressed to the claimant as shown above. Dated: � � 19g� BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator -`Clad'm 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 Clerkof_the=Boar_d=of—_Supervisors=at-its=of-f-ice_in Room_106_,_Count_y_Administration-Building-,_651_P.ine=Str-eet.,--Mar.t=inez,=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 STATE FARM MUTUAL ) Reserved for Clerk's filing stamp AUTOMOBILE INSURANCE CO . ON ) _ BEHALF OF CHARLES & GERTRUDE JEFFRIES) RECEIVED Against the County of Contra Costa ) MAYS 91997 or ) CLERK BOARD OF SUPERVISORS CONCORD District) CONTRA COSTA CO. Fill in name ) The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ UNKNOWN and in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact date and hour) 1 - 16-97- 0706 HRS _NN_---------------------------- 2. Where did the damage -or injury occur? (Include city and county) NNDEKINGER---RD .- AND .WILSON LANE , CONCORD , CA . /CNONTRA COST_A_COUNTY ____ -----1NN �� N- �--MN-�--N-N------N- M-- 3. How did the damage or injury occur? (Give full details; use extra paper if required) -_--__COLLISION BETWEEN MOTOR VEHICLE AND PEDESTRIAN 4. What particular act or omission.on the part of county or district officers, servants or ,employees caused-the injury or damage? IMPROPER ROAD MARKINGS AND TR'AFFIC' CONTROL SIGNS (over) 5. wriat are the names of county or district officers, servants or employees causing '• the damage or injury? UNKNOWN AT THIS TIME ------------------------------------------------------------------------------------ 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. JOHN MILN ' MCKILLEN - BROKEN RIGHT LEG AND" BROKEN LEFT WRIST 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) UNKNOWN AT THIS TIME __..----------------------------------- ------N--__----------_-__-_N_____-_N-___ $. Names and addresses of witnesses, doctors and hospitals. MT . DIABLO HOSPITAL FERNANDO R . OTERO , M . D . P .O . BOX 8.77 , CONCORD , CA . 94522 ----------- ------------N_-___ _ _ _N__N__N______-_-------N------------ 9. List the expenditures you made on 'account of this accident or injury: .DATE ITEM AMOUNT - _ UNKNOWN TO 'DATE Gov. Code Sec. 910:2 provides: "The clai st be signed by the claimant SEND NOTICES TO:',` (Attorn0t) orb a person on..his..behalf." Name and Address of Attorney eA,.. (Claimant'sSignature) (Address) Telephone No. ( 510 ) 680-4154 Telephone No. 6 So 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. v� w � w cs G' m m vis 'v X w P. n D ru ru cr C3 Da a � 4 .Y w G" 0 i t 2nd AMENDED CLAIM CLAIM �• BOARO OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA JUNE 10, 1997 t -13 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: Exceeds $25,000.00 Section 913 and 915.4. Please CLAIMANT: George A. and Gloria R. Acevedo, et al. mAY 13 1997 ATTORNEY: Thomas C. Nagle COUNT`{COUNSEL Bold, Polisner, Maddow, Date received MARTINEZCAUF. ADDRESS: Nelson & Judson BY DELIVERY TO CLERK ON May 9, 1997 Law Offices of Thomas C. Nagle 500 Ygnacio Valley Rd. , Ste.325 BY MAIL POSTMARKED: May 8, 1997 Certified Mail Walnut Creek, CA 94596 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: May 13, 1997 ��IL �epuHtyLOR, Clerk } II. FROM: County Counsel TO: Clerk of the Board of Supervisors NThis claim complies substantially with Sections 910 and 910.2. ( This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days. (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: �� �� BY: I;ZAI of"A Deputy County Counsel f 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 C>-J, This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered U its minutes for this date. Dated: JUN 10 1997 PHIL BATCHELOR, Clerk, 8 rL Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. * For Additional Warning See Reverse Side Of This Notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 16; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: JUN 12 1997 BY: PHIL BATCHELOR byO)LDeputy Clerk CC: County Counsel County Administrator LAW,OFFICES OF THOMAS C. NAGLE 500 YGNACIO VALLEY ROAD,SUITE 325 WALNUT CREEK,CA 94596 A PROFESSIONAL CORPORATION (510)933-7777 FACSIMILE(510)933-7804 THOMAS C. NAGLE SHARON M. NAGLE May 8, 1997 tip=- RECEIVED CERTIFIED MAIL/ FMAY 91997 RETURN RECEIPT REQUESTED CLERK BOARD OF SUPERVISORS Clerk of the Board of Supervisors CONTRA COSTA CO. Contra Costa County 651 Pine Street, Room 106 Martinez, CA 94553 Re: Claim of Acevedo v. County of Contra Costa Dear Clerk: Enclosed please find an Amended Claim to be filed in the above matter. Please return a date stamped copy in the enclosed self-addressed envelope. Thank you for your assistance. Sincerely, qkW4� i Jessica Ruffin Secretary to Thomas C. Nagle Enclosures I THOMAS C. NAGLE (Bar No. 037619) SHARON M. NAGLE (Bar No. 179124) 2 LAW OFFICE OF THOMAS C. NAGLE 500 Ygnacio Valley Road, Suite 325 DVE® 3 Walnut Creek, CA 94596 4 Telephone : (510) 938-2299Y 91997 JEFFREY D. POLISNER (Bar No. 040551) 5 BOLD, POLISNER, MADDOW, NELSON, AND JUDSON i CLERK BOARD OF SUPERVISORS 500 Ygnacio Valley Road, Suite 325 il CONTRA COSTA CO. 6 Walnut. Creek, CA 94596 Telephone : (510) 933-7777 7 Attorneys for Claimants 8 9 10 BEFORE THE BOARD OF SUPERVISORS 11 COUNTY OF CONTRA COSTA 12 In re : Claim of ) AMENDED CLAIM AGAINST 13 ) PUBLIC ENTITY GEORGE A. and GLORIA R. ) 14 ACEVEDO, ET AL. ) ) 15 Claimants, ) ) 16 vs ) 17 COUNTY OF CONTRA COSTA ) ) 18 19 The below stated claimants hereby make claim against the 20 COUNTY OF CONTRA COSTA (hereinafter sometimes referred to as 21 "COUNTY" . ) Pursuant to Government Code section 910, claimants 22 23 make the following representations in support of these claims : 24 (a) The name and post office address of the claimants are as 25 follows: 26 See Exhibit "A" attached hereto. All claimants can be 27 28 1 1 reached in care of the Law Offices of Thomas C. Nagle, 500 Ygnacio 2 Valley Road, Suite 325, Walnut Creek, California, 94596 or Jeffrey 3 D. Polisner, Bold, Polisner, Maddow, Nelson and Judson, 500 4 5 Ygnacio Valley Road, Suite 325, Walnut Creek, California, 94596 . 6 (b) The post office address to which the person presenting 7 the claim desires notices to be sent .is as follows: 8 Thomas C. Nagle, Law Offices of Thomas C. Nagle, 500 Ygnacio 9 10 Valley Road, Suite 325, Walnut Creek, California, 94596 ; Jeffrey 11 D. Polisner, Bold, Polisner, Maddow, Nelson and Judson, 500 12 Ygnacio Valley Road, Suite 325, Walnut Creek, California, 94596 . 13 (c) The date, place and other circumstances of the occurrence 14 or transaction which gave rise to the claim asserted are as 15 16 follows: 17 The claimants own, have recently sold, and/or reside at homes 18 located in the City of Pittsburg, in the neighborhoods near the 19 Keller Canyon Landfill . In 1990 , the COUNTY issued the Keller 20 21 Canyon Landfill Land Use Permit 2020-89 . Condition of Approval 22 35 . 3 of LUP 2020-89 states in part that, "The landfill operator 23 shall provide funding for the preparation of a property value 24 compensation program study when requested by the County of Contra 25 26 Costa. . . .When a compensation program is adopted by the Board of 27 Supervisors, the landfill developer shall fund it in the manner 28 2 I specified by the Board. " 2 On or about November, 1996, the Board allocated $485, 000 to 3 compensate property owners near the Keller Canyon Landfill for 4 5 declining property values as a result of the Landfill . At a 6 meeting of the Contra Costa County Board of Supervisors ( "the 7 Board") on March 18, 1997, the Board unanimously approved a payout 8 program whereby individual homeowners may make claims against this 9 10 fund which will be examined by a claims evaluator. 11 (d) A general description of the indebtedness, obligation, 12 injury, damage or loss incurred so far as it is known at the time 13 of presentation of this claim, is as follows: 14 15 Condition of approval 35 . 3 of LUP 2020-89 was intended to 16 compensate homeowners for declining property values as a result of 17 the Keller Canyon Landfill . As such, claimants, as well as other 18 homeowners in the neighborhoods adjoining the Keller Canyon 19 Landfill, are third party beneficiaries of LUP 2020-89 . The 20 21 COUNTY has breached the condition of approval by allocating an 22 inadequate amount of monies to compensate claimants, and other 23 neighboring homeowners . In so doing, the COUNTY abused its 24 discretion. 25 26 (e) The name or names of the public employee or employees 27 causing the injury, damage, or loss, if known, is as follows: 28 3 1 Unknown to claimant at this time . 2 (f) Amount of claim: 3 The amount claimed pursuant to these claims exceeds twenty- 4 5 five thousand dollars ($25, 000 . 00 . ) Jurisdiction over these 6 claims rests with the Superior Court.. Claimants will be seeking 7 attorneys fees through California Code of Civil Procedure Section 8 1021 . 5 in representing these claimants and others who may benefit 9 10 from. attorneys' efforts . 11 12 Dated: May 7, 1997 Jeffrey D. Polisner 13 BOLD, POLISNER, MADDOW, NELSON & JUDSON 14 LAW OFFICES OF THOMAS C. NAGLE 15 16 17 By: TH C. AGLE 18 Attorneys for Claimants 19 20 21 22 23 24 25 26 27 28 4 Exhibit"A" George A. & Gloria R. Acevedo Jeffrey L. Bush 2248 Daffodil Dr. 2223 Mt. Whitney Dr. Pittsburg, CA 94565 Pittsburg, CA Jose Luis Agredano Armando Cardoza 2241 Santa Maria Dr. 2211 Santa Maria Dr. Pittsburg, CA 94565 Pittsburg, CA 94565 Frank Aiello Frank and Kelly Capaldo 1734 Bridgeview St. 2227 Carmel Ct. Pittsburg, CA Pittsburg, CA 94565 Oscar A. Ardon Gary & Victoria Carr (see Daysi Pineda) 22 Mt. Whitney Dr. Pittsburg, CA 94565 Patrick W. and Cathryn E. Baird 2211 Concord Dr. Mark Condos Pittsburg, CA 94565 2211 Begonia Ct. Pittsburg, CA 94565 Roger Berry 2240 Concord Dr. Pittsburg, CA 94565 Michael and Pamela Dawson 2229 Carmel Court Sally and David Bone Pittsburg, CA 94565 2253 Mount Whitney Dr. Pittsburg, CA 94565 Ronald L. & Lisa N. Desposito 2263 Jacqueline Dr. Ken Bouchet Pittsburg, CA 94565 2251 Santa Maria Ct. Pittsburg, CA 94565 Nancy J.H. Dion 2238 Concord Dr. Stefan Burdt Pittsburg, CA 94565 2236 Concord Dr. Pittsburg, CA Lance J. and Maria Dow 2232 Concord Dr. James T. Busbee Pittsburg, CA 94565 2113 Sugartree Pittsburg, CA 94565 John and Raegene Edens 2231 Mt. Whitney Dr. Pittsburg, CA 94565 1 Harry T. & Gail C. Elliott Ricardo &Elsy Y. Gonzalez 1321 West Leland Rd. 1060 Westmont Ct. Pittsburg, CA 94565 Pittsburg, CA 94565 Hector and Raquel Enriquez Michael J. Gonsalves 2222 Concord Dr. 2243 Jacqueline Dr. Pittsburg, CA 94565 Pittsburg, CA 94565 Reynato R. & Milagros Evangelista Larry A. &Frances V. Gonzales 2221 Begonia Ct. 2255 Mt. Whitney Dr. Pittsburg, CA 94565 Pittsburg, CA 94565 * *William & Edythe Fairclough Connie &Barry Grant P.O. Box 270 2217 Concord Dr. Martinez, CA 94553 Pittsburg, CA 94565 Christopher& Rosa Fallon Franklin M. &Dorothy Griego 2235 Carmel Court 2232 Jacqueline Dr. Pittsburg, CA 94565 Pittsburg, CA 94565 Jeffrey& Jane Fischer James F. Hampton 1121 Los Palos Ct. 2240 Westwood Lane Pittsburg, CA 94565 Pittsburg, CA 94565 H. Dwayne & Anna G. Fisher Frank& Jimmie Hensler 1140 Los Palos Ct. 2214 Mt. Whitney Dr. Pittsburg, CA. 94565 Pittsburg, CA 94565 Louise E. Foreg **Michael J. & Carol D. Herbst 2218 Concord Dr. 2207 Santa Maria Dr. Pittsburg, CA 94565 Pittsburg, CA 94565 Kelly Shawn Fraga Robert&Rita Hinde 1115 Los Palos Ct. 2214 Jacqueline Dr. Pittsburg, CA 94565 Pittsburg, CA 94565 Tifton& Julie Gantt Madeleine & Leif Holmen 2228 Santa Maria Dr. 2239 Concord Dr. Pittsburg, CA 94565 Pittsburg, CA 94565 Peter and Christa Gomm Tracey L. Hudson 2241 Concord Dr. 2259 Jacqueline Dr. Pittsburg, CA 94565 Pittsburg, CA 94565 2 Robert L. & Sharon L. Hussey Guadalupe U. & Sandra Murguia 2262 Jacqueline Dr. 2225 Daffodil Dr. Concord, CA 94565-4470 Pittsburg, CA 94565 Francisco A. & Ethel A. Jarguin, Jr. Alan S. & Terry E. Park 2265 Jacqueline Dr. 2269 Mt. Whitney Dr. Pittsburg, CA 94565 Pittsburg, CA 94565 Larry L. & Carol Jones Ram Parkash 2220 Concord Dr. 2117 Sugartree Dr. Pittsburg, CA 94565 Pittsburg, CA 94565 **Joe & Brenda Kermode Trace & Michele Parks 2150 Chestnut Dr. 2205 Santa Maria Drive Pittsburg, CA 94565 Pittsburg, CA 94565 Scott Leach& Donna Threde Valerie A. Patton 2226 Jacqueline Dr. 1024 Via Ventio Way Pittsburg, CA 94565 Pittsburg, CA 94565 Antonio & Arminda Loza Ned and Judith Pehrson 51 Maylard St. 2250 Concord Dr. Baypoint, CA Pittsburg, CA 94565 Michael P. Lyons A. Daysi Pineda& Oscar A. Ardon 2230 Mt. Whitney Dr. 2209 Santa Maria Dr. Pittsburg, CA 94565 Pittsburg, CA 94565 John& Margery Sue McKee Cecilio & Sherry Quintana 2260 Jacqueline Dr. 2261 Jacqueline Dr. Pittsburg, CA 94565 Pittsburg, CA 94565-4470 Andrew E. Miller John P. & Anita M. Reudy 2268 Jacqueline Dr. 1142 Los Palos Ct. Pittsburg, CA 94565 Pittsburg, CA 94565 Dan& Jill Millpointer Keith M. and Sheri A. Robb 2255 Jacqueline Dr. 222 Carmel Court Pittsburg, CA 94565 Pittsburg, CA 94565 Robert, Paul & Mary Mullen Garth A. & Kelli A. Robershaw 2213 Santa Maria Dr. 2245 Jacqueline Dr. Pittsburg, CA 94565 Pittsburg, CA 94565 3 **Mark and Kathy Rusch Note: ** Mailing address different 930 Rockridge Way than property address Pittsburg, CA 94565 Melvin Sasahara Patricia A. Townsend 2229 Daffodil Dr. 2227 Concord Dr. Pittsburg, CA 94565 Pittsburg, CA 94565 Michael J. & Mary M. Saverio Chuck J. & Laura A. Vaughn 2250 Jacqueline Dr. 2261 Concord Dr. Pittsburg, CA 94565 Pittsburg, CA 94565 David M. & Annette Sherman Coy and Martha M. Wilson, Sr. 2230 Concord Dr. 2257 Mt. Whitney Dr. Pittsburg, CA 94565 Pittsburg, CA 94565 Kenneth L. Swasey Kevin& Margaret Wise 2232 Santa Maria Dr. 1148 Los Palos Ct. Pittsburg, CA 94565 Pittsburg, CA 94565 Adelio & Angelita Tanyag James R. Worley 1107 Los Palos Ct. 1117 Los Palos Ct. Pittsburg, CA 94565-4337 Pittsburg, CA 94565 Casandra W. & Peter S. Terry James L. & Maureen E. Wright 2245 Concord Dr. 2226 Ridgecrest Way Pittsburg, CA 94565 Pittsburg, CA 94565 Andrew P. & Teresa L. Thomas 2219 Concord Dr. Pittsburg, CA 94565 Dona L. Thomson& James D. Thomson The James D. Thomson Trust UAD 6/17/83 2215 Rome St. Pittsburg, CA 94565 Russell & Karen Thorsted 2261 Mt. Whitney Dr. Pittsburg, CA 94565 Donna Threde (see Scott Leach) 4 I PROOF OF SERVICE BY MAIL [C.C.P. §§1013(a) and 2015.5 2 3 I declare under penalty of perjury under the laws of the State of California that I am over the age 4 of eighteen(18) years, and am not a party to the within action; my business address is Law Offices of 5 Thomas C. Nagle, A Professional Corporation, 500 Ygnacio Valley Road, Suite 325, Walnut Creek, 6 California 94596-3840; telephone number(510) 933-7777. 7 On this date I served the following documents: 8 AMENDED CLAIM AGAINST PUBLIC ENTITY 9 on the parties or person(s)in this matter by placing a true and correct copy thereof enclosed in a sealed 10 envelope with the appropriate first class postage thereon fully prepaid in the United States Post Office 11 mail box located in Walnut Creek, California addressed as follows: 12 Clerk of the Board of Supervisors County of Contra Costa 13 651 Pine Street, Room 106 Martinez, CA 94553 14 Executed in Walnut Creek, California on May 8, 1997. 15 16 �JVssica Ruffin 17 18 19 20 21 22 23 24 25 26 27 28 t. _. * � �„ ,.s, z+",r r, `,,s•>, � f #�X.hs„rte',"7x''i�s. ..p.W r �',�.,"k�si' 1 `` •, ._-- v„z2 '° ,kr y�: y„ }s .i.te \3a,t++- ,�. 1F,x �mr 'r 1,, at .r 1' x". K aY "`. t '.1 "'4s',d.. '"ks' -:tt�•.r-"S"res ox+' s' °g'n"�,+.,. K $4,g xA7� �r "vt n '<. 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