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Home My WebLink AboutMINUTES - 06241997 - C8 ( .l CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA June 24, 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), give r u� TI arrn�tt to� Gov{e�rnment Code Amount: $5,000.00 Section 913 and 915.4. Pl lifp"BNiaJab.. CLAIMANT: Brett and Dana Morris MAY 2 8 1997 ATTORNEY: OQUNTY COUNSEL Date received MARTINEZCALIF. ADDRESS: 509 Masefield Drive BY DELIVERY TO CLERK ON May 28, 1997 Pleasant Hill, CA 94523 BY NAIL POSTMARKED: Hand Delivered I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim, /] May 29 1997 ppNNIL gAT ELOR, Clerk DATED: Y r BY: Deputy �U�a,i l AA , Y �A _J 11. FROM: County Counsel TO: Clerk of the Board of Supervisors (�f 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: 2 7 f 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. BOARDD ORDER: By unanimous vote of the Supervisors present (✓) This Claim is refected 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. i Dated: 4 -,-;L �_PHIL BATCHELOR, Clerk, ey 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 r I declare under penalty of perjury that I am now, and at ail times herein mmotioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: /p 7 - �7 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator Claim to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT A.-- Claims relating to causes of action for death or for injury to person or to 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. 7f Glp.{?2 is against A district aoverned 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 _Smf a n d (rl4r r S ) ) RECEIVED Against the County of Contra Costa) 1997 MAY Z 8 �j /I( ' or L ) i vb�lr_ Wykg � 1P�( District) CLERK BOARD OF SUPERVISORS (Fill in name) ) CONTRA COSTA CO. The undersigned claimant hereby makes claim against the County ,,.Pf Contra Costa or the above-named District in the sum of $ OCT) , and in support of this claim represents as follows: 1. When did the damage, or injury occur? (Give exgct date and hpu�v men -Cea+a* an o f d w4pe-tD 3. p rn occJ rrvc ca{ a t n ti Yn*�aJ 2' ry ( lRRA^ i,w ,J +D da,f _ . 2. Where did tte damage qr in ury pcc r? Include cit and county) illi C'.ad ar lv' ow prV a� /nGtsz�j Dr`N2 PleaSa.� �� Ste-sof-k�a- ar ;>,�u,-y occurred. ��l co 3. How did the damage or in u�y, occur? ( ive full details; use extra paper if re ired)�ub� to p g e v4tr � is 6ZAJSX--dune L 1A C0 ns{r grt or ✓' cn �ro�e-C; QQQ ° k�L � �GGLUS�-�`�- LVY/✓SI�JAU� 5✓rf-aC.,e.. 4. What particular act or omission on the part of county or district officers, servants or employees carurL7 e injury or damage,?7tie, C�C �a scope o F coyp tit r� �O c(ycmc�. s a �- (�cs � �e #_3erre( SIT — clu�t{� ° wrl� res ue�s coo( /tet Ccw�^ a 6y� fnes� U�Dc� 0 dr � ov'er ( ) 5. What are the names of county or district officers, servants or employees cayysing the da��pax�ge qr injury? UJtkA,0vJA -}•a clourrto rr{s aE `#' .l's -k +�injury? w*% v^ 44,e cy� Cotln-� 411,d 6. What damage or injuries do you claim resulted? (Give full extent of injuries r damages claimed. Attach two estima�es for auto damage. ) F(aa� of (Yfn;J.e vp.. lV�XCr(S a-n�Q... ; t'o w•�n..n, c' C.-f(0�a rr� s •}i-� �V4 �rota.,- / J 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury o damage.) } CoS f" �� Vrc�'d / � FiYYua {2S TJe loss of VA tue.s . 8. NameIs anddresse^s of witnesses, doctors man.vd/'abonspiitSa�lsY. fV- ado"eve Cis IriVV(V G�"6L.C�A eA cies� �t conker ,�r,naatnta,=j0-Y-k LC- 9. 9. List the expenditures you made on account of this accident or� injury. DATE Tin AMOUN 000, Gov. Code Sec. 910.2 provides "The claim must be signed by the claimant or by some person on his SEND NOTICES TO: (Attorney) ) behalf " Name and Address of Attorney ) I&& A t (Claikant's Signature) ) ye.. (Address Telaphone No. 1 Telephone NOTICE Section 72 of the Penal Code provides: Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, city or district board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is punishable either by imprisonment in the county jail for a period of not more than one year, by a fine of not exceeding one thousand ($1,000) , or by both such imprisonment and fine, or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars ($10,000, or by both such imprisonment and fine. CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA June 24, 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 ��rl�r ft Code Amount: $59000.00 Section 913 and 915.4. PIA fta. t CLAIMANT: Brett and Dana Morris MAY 2 8 1997 ATTORNEY: COUNTY COUNSEL MARTINEZ CALIF. Date received ADDRESS: 509 Masefield Drive BY DELIVERY TO CLERK ON May 28, 1997 Pleasant Hill, CA 94523 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 29, 1997 PFHRIL ATCVELOR, Clerk BY. �epu y 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: �Zy/�� BY: i (zjlC 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. e n Dated: 6p — `7 7 PHIL BATCHELOR, Clerk, By. a �Qom., ( �,t7 L,. , 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 meAtioned, 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: 7 — 9.� BY: PHIL BATCHELOR b Deputy Clerk CC: County Counsel County Administrator Claim to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY l 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. Tf cloOn is aaainst a district aoverned 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 Q (or _ )a'" �-"`'`- n s ) RECEIVED / nAgainst the County of Contra Costa) MAY 2 81997 or ( oy � F100A ('-&Ay�� District)) CLERIC80ARo0FSuPr- :ir;,:as CONTRA COST=� (Fill! in name) ) The undersigned claimant hereby makes claim against the County pf Contra Costa or the above-named District in the sum of $ 55 t>00, and in support of this claim represents as follows: 1. When� did the damage or injury occur? (Give exact date and hour) 1 n1.. /hOmi tc�y N.1Y�n !7c '� o v r PfDPW'�/ oc C(J('��o_f p y 6'oo A-rn 7aI Ba ry �, R5? to 2. Where did the damage or injury occur? (Include city and coin y) jke_ cQ t- oar P oFer}� oc_c L)rrcJ_ oct 50-t luszfi'el<C r�vc rig Pleasa ( (�`dl �(!(�rnia 0-C-*4C, dA,,�Lo Cyr inJvey ccc�r,4 3 . How did the damage or injury occur? Give full details; use extra paper if required)fib(i� et }� Cain da ,na�e_ or ;n rr to o �� rDh I�ccWsz of +Lz � Aa ConstrvcFh�un� / or`✓na�v �e�.a �c-2 qF FO" �r �u f7£ed a->, un reu on= r� S�d f r,o rA C +Y � c_ccvSe.� W -e �2 s t�� d 1 SU r.{a2.G -)4e-r$ &,4-v O✓r orppertu 4. What particular act or omissi n on the part of county or district officers, servants or employees caused the injury or damage? Tb-Z alw , r �1t ^ n pec3 - �� sE of ILa6;li — a F Caloyees� bi v '' � '> (over) 5. what are the names of county or district officers, servants or employees causing the damage or injury? ✓fti �1' � n Un4vtn- 6. what damage or injuries do you claim resulted? (Give full extent of injuries or damages cla med. Attach two estimates f r auto damage. ) FCoo�T ntiP ,:v,,�,^r�i • a t�c/ � Var a a nD� FLvcx 2'^ +a P�e�/epc�5�C "Lss Awa + t o 9 LYVlW-S,)' 9ak cer s 7. Ho was the am unt claimea above computed? (Include the estimated amount of any prospective injury or damage. ) S Cobj—aF air est S Fff 105 Lf- Names and addresses of witnesses, )doctors Ind h it ls. )44( V�Z(9 m'S Pry pAe y 6Lu��tX S °�q /✓I✓rte f�2rSP j n vo(v �n deo-s,�ti� Co�S{rUc'�b/1�or r✓IG.i/1/-�-na.h�e ��bl«..prb�eefis. 9. List the expenditures you made on account of this accident or injury. DATE TIME AMOUNT Gov. Code Sec. 910.2 provides "The claim must be signed by the claimant or by some person on his SEND NOTICES TO: (Attorney) behalf. " Name and Address of Attorney (Claimant's Signature) ` ri✓e (Address) Te1sY.*.cr.Q No. ) Telephone No. qy� -365 NOTICE Section 72 of the Penal Code provides: Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, city or district board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is punishable either by imprisonment in the county jail for a period of not more than one year, by a fine of not exceeding one thousand ($1,000) , or by both such imprisonment and fine, or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars ($10,000, or by both such imprisonment and fine. CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA June 24, 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 toover[nmment Code Amount: $1,0009000.00 Section 913 and 915.4. Please note a1� � CLAIMANT: Jermaine Caputo Bradley JUN 1997 ATTORNEY: Steven R. Yourke COUNTY OU TYCOUNSEL OU SEL Attorney at Law Date received ADDRESS: 1131 Shrader St. BY DELIVERY TO CLERK ON May 30, 1997 San Francisco, CA 94111 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: June 3, 1997 JYIL BATCVIELOR, Clerk p epu y //7 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. BOARDD ORDER: By unanimous vote of the Supervisors present (d ) This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: to - 24 - 9 Z 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:_ 61-,Z 7 -71 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator CLAIM AGAINST THE CITY OF BERKELEY, CALIFORNIA CLAIMANTS ' NAMES: Jermaine Caputo Bradley RECEIVED -� PERSON(S) AGAINST WHOM CLAIM IS MADE: MAY 3 Q W7 Sgt. Darryl Dunlap AMOUNT OF CLAIM: CONINACOSSTTA $1,000, 000 . 00 ADDRESS TO WHICH NOTICES SHOULD BE SENT: c/o Steven R. Yourke Attorney at Law 1131 Shrader St. , San Francisco, CA 94111 PHONE: (415) 661-4672 DATE OF OCCURANCE: December 1, 1996 PLACE OF OCCURANCE : Oakley, California INDIVIDUALS INVOLVED: Claimant JERMAINE CAPUTO, the deceased Brad Fast and Sgt. Darryl Dunlap. FACTS AND CIRCUMSTANCES GIVING RISE TO CLAIM: On December 1, 1996 in Oakley, California, claimant' s husband, Brad Fast, was shot to death by Sgt. Darryl Dunlap of the Contra Costa County Sheriff ' s Department. Dunlap had apparently responded to a report of a domestic dispute at Fast ' s residence and shot Fast when he approached toward him carrying a knife. NATURE & EXTENT OF INJURIES/DAMAGES: Claimant was deprived of her husband, Brad Fast. She has suffered severe emotional distress and loss of financial support. In addition, Claimant was unlawfully arrested following the shooting of Mr. Fast and was detained by police for several hours during which she was interrogated regarding the incident. CAUSES OF ACTION CLAIMANTS ' COMPLAINT MAY INCLUDE: Claimants ' complaint may include causes of action for wrongful death, violation of civil rights under USC section 1983; intentional and negligent infliction of emotional distress; and false arrest/false imprisonment. Dated: May 30, 1997 . C� Steven R. Y rke, Esq. CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA June 24, 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:Amount Not Given Section 913 and 915.4. Please note all "Warnings% CLAIMANT: Melissa Crockett ATTORNEY: ltj�'i iia f ` Date received COUNTY COUNSEL ADDRESS: PO Box 277 BY DELIVERY TO CLERK ON May 30, 1997 MARTINEZ CALIF. Alamo, CA 94507 BY MAIL POSTMARKED: Hand Delivered via: Risk Mgmt. This is not an original signed claim. It is a fax. %< 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: June 3, 1997 �qIl gep�iyLOR, Clerk , cr— �� 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: (P ZY12 7 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. BOA7This RDER: By unanimous vote of the Supervisors present Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. /} Dated: � -a�' -9� PHIL BATCHELOR, Clerk, Byp ( �,a, �Qa 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 momtioned, 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:_ (e - a 7-V BY: PHIL BATCHELOR by� Deputy Clerk CC: County Counsel County Administrator FROM 0&R-RETAIL GROUP 510-904-3&09 05. 30. 1997 08:45 P. 2 Claim to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLADOM A. Claims relating to causes of action for death or for injury to person or to per- sonal property or growing crops and which accrue on or before December 31, 1987, must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or after January 1, 1988, must be presented not later than six months after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Govt. Code 5911.2.) H. Claims must be filed with the Clerk of the Board of Supervisors at its offioe 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 Seo. 72 at the end of this Tom—. # N # # 1f # 1n # N N N # N # # # # # # # # # # A # # N # # # # # # # # # # N N N N N N RE: Claim By ) Reserved for Clerk's filing stamp RECEIVED Against the County or Contra Costa ) MAY 3 0 B97 or ) �t,a District) as n name ' ) The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of 1A4d,.t,,,M.and in support of this claim represents as follows: w... �_.---- __---------------- 1. when did the damage or injury occur? (Give exact date and hour) _J L S _1�5;}_G /o:asp.------_-_------------__-------- 2. Where did th/e� damage or injury occur? (Include City and county) AlGiYt^Dr_/QOtw.ol�4I� / CEC(IiLtiI� �n,�-A 6w-16L_•-_-_-. ___..------ 3. How did the damage or injury occur? (Give full details; use extra paper if , required) 13rdd /3iCe C4�rxz Aeaa! am lvi5,X nLt in Y-Ae 4YlenP7'' A't0 • Ve `llwu R War. s-a~e;-,e .t.4.6r , X- ori /r bra . Cr ar,'" A-" ck .6r1J.,.r.eJo.�PoJ�i/a!P U1tii� 14A- ) 4.-- - What particular actoromission on the part of county or district officers, servants or employees caused the injury or damage? i3y. d /3r>7C4 (over) FROM B&R-RETAIL GROUP 510-904-3609 83.30. 1997 88 45 P. 5 5• What are the names of county or district officers, servants or employees causing . the .damage or injury? 61f4f) 1�;r�C-F --------------------------------- --------------------------------------------- 5. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. dip L�ama`�c `�o -(f--e (a., a,ry a re • V ►u2- Ld+-t; WA-tq H-eC�L c, 02 bac/c w.w ti Jonamd.- iL�utiiy ----------------- -- -------------------------- 7. ---------------- -----7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) ------------------------------_- —._--------«------------------------------- Names ------------------------ - - Names and addresses of witnesses, doctors and hospitals. (,dA (3rfce koz-f a,' 1. Aaa+Cwr )eA PcA&Je ( Wr�e— Wold [sc -e aw wr+hoed.. -- 9. List-the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT a a • a a a a a a .k a a a a a a a k •a a.• a k k a # ai a ! a a a a a a a a a a a a Gov. Code Seo. 910:2 provides: "The claim must be signed by the claimant SEND NOTICES TO: (Attorney) some Person is " ami and Address of Attorney (Claimant's SigmturAe/) .�`l"lllilszu� ` j (Address) Telephone No. I Telephone No. %,5-- 3 ' a i a a k a k k k k k M k k k k k k 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. .++•ENDw+•. FROM 0&R-RETPIL GROUP 510-904-3609 05. 30. 1997 08: 45 P. I EOGTE MOBILNET Facsimile Cover sheet To-Torl HAWue, Company: F2�sk Ir rA.,tic,,V-,,YNC- A-6 Phone: x,10 Fax: b ro 33.5- 1 dao From:,/Qe u. & A Company: GTE Phone: 510/904- 366-4 Fax: 510/904-3602 Date: f�151al 9 q Pages including this cover page: 3 Comments: C;n + CLAIM C - 8 BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA June 24, 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 pursuram Amount: Jusisdiction of the Superior Court Section 913 and 915.4. Please n all •Warnings". CLAIMANT:Jimmie Edgington MAY 2 8 1997 NEZLF�ATIORNEY:Hilary J. Runnion MARTICAI Attorney at Law Date received ADDRESS: 2200 Powell Street BY DELIVERY TO CLERK ON May 23, 1997 & May 27, 1997 Suite 125 Emeryville, C9 94608-1809 BY MAIL POSTMARKED: Fax received May 23, 1997 Original PnCf'm9Y1-PJ MRV 24, 19()7 I. FROM: Clerk of the Board of Supervisors T0: County Counsel Attached is a copy of the above-noted claim. DATED: May 29, 1997 Ca1L �ep� iELOR, Clerl�� 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: )1'50 7 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: 4 -a4 PHIL BATCHELOR, Clerk, By� Deputy Clerk v 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 4 11 A eputy Clerk CC: County Counsel County Administrator HILARY J. RUNNION ATTORNEY AT LAW JACK RUNNION PROFESSIONAL LAW CORP. 2200 POWELL STREET, SUITE 125 EMERYVILLE, CALIFORNIA 94608-1809 (510) 420-1222 FAX (510) 420-1373 RECEIVED May 23, 1997 I i MAY 21 199 CLERK OF BOARD OF SUPERVISORS �CLERK BOARD OFSUPERVISORS, 651 PINE ST RM 106CONTRA COSTA CO MARTINEZ, CA 94553 Re: JIMMIE EDGINGTON v. COUNTY OF CONTRA COSTA Gentlepersons: This letter confirms that your office received my FAX sent today before 5:00 pm, verified by a phone call to Ms. Susie Turner. Sincerely, Hilary J. Runnion 1 HILARY J. RUNNION ATTORNEY AT LAW ISBN 178762) - C 2 JACK C. RUNNION LAW CORPORATION RECGN�- ti 2200 POWELL STREET, SUITE 125 I 3 EMERYVILLE, CALIFORNIA 94608-1809 (510) 420-1122 FAX (510) 420-1373 MAY 27 1991 4 Attorney for Claimant ' 5 CLERKBOARDRD OF STA CO�SOR51 6 7 8 CLAIM FOR PERSONAL INJURIES 9 (Section 910 of the Government Code) 10 JIMMIE EDGINGTON, Claimant, 11 Vs. 12 COUNTY OF CONTRA COSTA, 13 Respondent. 1 14 15 TO THE COUNTY OF CONTRA COSTA: 16 You are hereby notified that Jimmie Edgington, whose address is 601 Madrone 17 Avenue #6, Pinole, California 94564, claims damages from the County of Contra 18 Costa, and from the employees involved. 19 This claim is based on personal injuries sustained by claimant on or about 20 November 25, 1996, by Contra Costa County Health Services, under the following 21 circumstances: 22 On 11/25/96, at Merrithew Memorial Hospital, Martinez, California, agents of 23 the County of Contra Costa, and acting within the scope and course of their 24 employment and agency, with the permission and consent of their employer, 25 intentionally and unlawfully touched Claimant in an offensive and harmful manner, 26 pumped Claimant's stomach, gave Claimant life threatening medications; and 27 intentionally and unlawfully exercised force to restrain, detain and confine Claimant 28 until the next day, to which Claimant did not consent to such touching, medications, # I 1 restraint, detention, nor confinement. The medical employees wrongly identified 2 Claimant as "Ruth Williams." 3 The medical employees and the County of Contra Costa owed a duty to 4 Claimant to respect her privacy and person, and they acted with intent, negligence, 5 and reckless disregard of the probability of causing Claimant emotional distress, and 6 physical injuries. As a proximate result of the officer's actions, Claimant suffered 7 severe and extreme emotional and physical distress, and physical injuries. The County 8 of Contra Costa was negligent in hiring the medical employees, negligent in training 9 the medical employees, and negligent in supervising the medical employees in that the 10 County of Contra Costa owed a duty to Claimant to respect her privacy and person, 11 and the County of Contra Costa breached that duty when their medical employees 12 physically battered, medicated, restrained, detained, and confined Claimant. The 13 County of Contra Costa was further negligent in promulgating rules and procedures 14 that allowed, encouraged and facilitated their medical employees' offensive actions, 15 creating a risk of harm to persons such as Claimant. 16 The name of the public employees causing claimant's injuries under the 17 described circumstances are unknown at this time. 18 The injuries sustained by claimant, as far as known, as of the date of 19 presentation of this claim, consist of injury to her psyche, physical pain and suffering, 20 medical costs, and future loss of income. 21 Jurisdiction of this claim would rest in superior court. 22 All notices or other communications with regard to this claim should be sent to 23 Hilary J. Runnion, 2200 Powell Street Suite 120, Em ryville, Califor 94608-1809. 24 Dated: May 23, 1997 HILA Y I RUNN N, 25 Attorney for Cla' ant 26 27 28 JACK RUNNION 2 Attorney at Law PROOF OF SERVICE I am over the age of eighteen years and not a party to the within action. My 1 business address is 2200 Powell Street Suite 125, Emeryville, California 94608, 2 located in Alameda County, California. On the date listed below, I served the following 3 documents: 4 CLAIM FOR PERSONAL INJURIES (Government Code §910) 5 by serving a true copy thereof in the following manner: 6 United States Mail, deposited in a sealed envelope with first class postage 7 thereon fully prepaid, in the U.S. Mail at Emeryville, California. 8 M Facsimile Transmission. 9 to the following parties herein and locations as stated below: 10 CLERK OF BOARD OF SUPERVISORS (510) 335-1913 651 PINE ST RM 106 11 MARTINEZ, CA 94553 12 1 declare under penalty of perjury, under the laws of the State of California, that 13 the foregoing is true and correct. Executed on May 23, 1997, at Emeryville, 14 California. 15 HILARY J. RUNNIO ATTORNEY AT LAW 16 17 18 19 20 21 22 23 24 25 26 JACK RUNNION Attorney at Law HP.OfficeJet Fax Log Report for Personal Printer/Fax/Copier JACK C. RUNNION 510 420 1373 May-23-97 04:50 PM Last Fax Identification Result Pa es Tvce Date Time Duration Diagnostic 3351913 OK 03 Sent May-23 04:47P 00:02:47 002084230020 zzo : z � w\y - \ \ \ \ D n . � « � � ` � ■«\ J r 4 2 2kQ \ � t $% � kER % $ - $ ƒ \ 5 % & 2 1 _ } S $\#\3 ƒ { f�k\k\ � kk�� ƒ o \% LO ��. � �� May-2,3-97 04 : 47P JACK C . RUNNION 510 420 1373 P . 01 1 HILARY J. RUNNION RECEIVED ATTORNEY AT LAW ISBN 178762) 2 JACK C, RUNNION LAW CORPORATION 2200 POWELL STREET, SUITE 125 MAY 2 3 3 EMERYVILLE, CALIFORNIA 94608.1809 (510) 420-1122 FAX (510) 420-1373 CLERK BOARD OF SUPERVISORS 4 Attorney for Claimant CONTRA COSTA CO. 5 6 7 8 CLAIM FOR PERSONAL INJURIES 9 (Section 910 of the Government Code) 10 JIMMIE EDGINGTON, Claimant, 11 VS. 12 COUNTY OF CONTRA COSTA, 13 Respondent. 14 15 TO THE COUNTY OF CONTRA COSTA: 16 You are hereby notified that Jimmie Edgington, whose address is 601 Madrone 17 Avenue #6, Pinole, California 94564, claims damages from the County of Contra 18 Costa, and from the employees involved. 19 This claim is based on personal injuries sustained by claimant on or about 20 November 25, 1996, by Contra Costa County Health Services, under the follow; --g 21 circumstances: 22 On 11/25/96, at Merrithew Memorial Hospital, Martinez, California, agents of 23 the County of Contra Costa, and acting within the scope and course of their 24 employment and agency, with the permission and consent of their employer, 25 intentionally and unlawfully touched Claimant in an offensive and harmful manner, 26 pumped Claimant's stomach, gave Claimant life threatening medications; and 27 intentionally and unlawfully exercised force to restrain, detain and confine Claimant 28 until the next day, to which Claimant did not consent to such touching, medications, 5 May-2.3-97 04:47P JACK C . RUNNION 510 420 1373 P_02 1 restraint, detention, nor confinement. The medical employees wrongly identified 2 Claimant as "Ruth Williams." 3 The medical employees and the County of Contra Costa owed a duty to 4 Claimant to respect her privacy and person, and they acted with intent, negligence, 5 and reckless disregard of the probability of causing Claimant emotional distress, and 6 physical injuries. As a proximate result of the officer's actions, Claimant suffered 7 severe and extreme emotional and physical distress, and physical injuries. The County 8 of Contra Costa was negligent in hiring the medical employees, negligent in training 9 the medical employees, and negligent in supervising the medical employees in that the 10 County of Contra Costa owed a duty to Claimant to respect her privacy and person, 11 and the County of Contra Costa breached that duty when their medical employees 12 physically battered, medicated, restrained, detained, and confined Claimant. The 13 County of Contra Costa was further negligent in promulgating rules and procedures 14 that allowed, encouraged and facilitated their medical employees' offensive actions, 15 creating a risk of harm to persons such as Claimant. 16 The name of the public employees causing claimant's injuries under the 17 described circumstances are unknown at this time. 18 The injuries sustained by claimant, as far as known, as of the date of 19 presentation of this claim, consist of injury to her psyche, physical pain and suffering, 20 medical casts, and future loss of income. 21 Jurisdiction of this claim would rest in superior court. 22 All notices or other communications with regard to this claim should be sent to 23 Hilary J. Runnion, 2200 Powell Street Suite 120, Em ryville, Cal 9460$-1809. 24 Dated: May 23, 1997 LAY 1. RU N, _ 25 Attorney for Cia' ant 26 27 28 4 JACK RUNNION ! Attorney at Law _.___— _ 6 May-23-9704 : 47P JACK C . RUNNION 510 420 1373 P . 03 ` PROOF OF SERVICE I am over the age of eighteen years and not a party to the within action. My 1 business address is 2200 Powell Street Suite 125, Emeryville, California 94608, 2 located in Alameda County, California. On the date listed below, I served the following 3 documents: 4 CLAIM FOR PERSONAL INJURIES (Government Code §910) 5 by serving a true copy thereof in the following manner: 6 United States Mail, deposited in a sealed envelope with first class postage 7 thereon fully prepaid, in the U.S. Mail at Emeryville, California. 8 Facsimile Transmission. 9 to the following parties herein and locations as stated below: 10 CLERK OF BOARD OF SUPERVISORS (510) 335-1913 651 PINE ST RM 106 11 MARTINEZ, CA 94553 12 1 declare under penalty of perjury, under the laws of the State of California, that 13 the foregoing is true and correct. Executed on May 23, 1997, at Emeryville, 14 California. 15 ILAR J, NNI ATTORNEY AT LAW 16 17 18 19 20 21 22 23 24 25 26 JACK RUNNION Attorney at Law 7 CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA June 24, 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: $465.53 or $655.09 Section 913 and 915.4. Please note all "Warnings^.,,. CLAIMANT: Ann M. Fitzgibbon 1997 ATTORNEY: Date received COUNTY COUNSEL ADDRESS: 311 Via Valencia BY DELIVERY TO CLERK ON June 2, 1997 mARTINEZCALIF, Pacheco, CA 94553 BY MAIL POSTMARKED: Hand Delivered via: Risk Mgmt. 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: June 3, 1997 gVIL Bep�lyLOR, Clerk ^ 1 II. FROM: County Counsel TO: Clerk of the Board of Supervisors •zL 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: /f� � 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: _2�—97 PHIL BATCHELOR, Clerk, 8y ;"L. ( , , �eputy 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 1 declare under penalty of perjury that I am now, and at all times herein meAtioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: BY: PHIL BATCHELOR by� �eputy Clerk CC: County Counsel County Administrators-} Claim to: BOARD OF OUPERVISORS 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 �} Against the Caunty of Contra Casta) ' - Z JRVISIORS� eta '. !�'�°ryDistrict) CtE.t . C (Fill in name) ) The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ and in support of this claim represents as follows: 1. When did the damag�0 or injury occur? (Give exact date and hour) 2, where did the amag or injury occur? (Include city and county) 3. How did th dama e o injury occur? (Giv ful details; extrm� paper if required) L�G um � Cer a �: c/ rC E22r , v%Li• txdl Lz iLa��:tr.� �tka �ty �rfi� Gx,� wl �Lnair . 4. What particular act or ordission on thewart of oy or d,*trict officers, servants or employees caused the injury o d mage?\ Fat..l4" ,, t`z_@Gritti-Corn. .Lx, c2Ni 1 gt�9 YXd r) trn- �, 5. what are the names of county or district officers, servants or employeerK'causing" tfie"damage or injury? S,�A.L.�./r'F'C,l�. X 02 Ar h d.:/ 6. What damage or injur—i-es=d&=y'bu claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for autiI //damage. ) - »L..,ar,� ;'�{'-�''-�� v ti &ts E�-L'.ey 9 ` ea Ut/fiC.Li cb7 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) ? !r Yet-Ae - G�eE�,Cva.e.�--� i.�.e. EIL�../, �-+-�C. �` Lfd...L �.. t%a�IJ (� �- d-�-�'-meq CJJ�.+�y,•.� � b-a-zk.=+J�-w��*J 'I � 4,c9. List the � nffE PraiV�o ma��a r 'ac$uf of this accident or injury. DATE `"IME AQP va 71416111io-� ORa, `Vj gJ u' L r2`1u`-c-e-t�•. �",G'-s"---�G.-�+� n, .1��^-'y ?3'u'.,r�".L¢.'' • U k*�**##kk###�#k*#**k###kk**k**#dN**�#*#*•!W***#4k*#****k*f*#***i**** } Gov. Code Sec. 910.2 provides "The claim must be signed by the claiman SEND NOTICES TO: (Attorney) 1 behalf „ or by some person on his Name and Address of Attorney ) �� i - / 1 (Claimant's $ gnature) (Address) Telephone No. ) Telephone No.-�)iG- (OJ / - 613;22 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. 20534 JIM'S CAL AUTO BODY, INC. 2520 MONUMENT BOULEVARD CONCORD, CA 94520 (510) 689-6117 Fax: (510) 689-7836 Visible Damage Quotation #20534 by PAUL FIGONE on 05-22-97 ANN FITZGIBBON ELT Style 2D H/B Insurer 3�c o� Le-7+-`�4 Lic. Plate: 2KCX306 Adjuster : X� , CA 994�r3B-� Paint Code: Appraiser: Phone: 689-0322/ Prod. Date: Claimant : 88 TOYOTA COROLLA FX Profile : STANDARD Insured . VIN: 1NXAE82G3JZ543847 Deductible: 0.00 Policy # : Mileage: 77497 Claim # . Options: # Labor On Description Price Labor Paint Labor Group Price Group 1 REFINISH R FRT DOOR OUTSIDE 0.00 0.0 2.1 REFINISH 2 R & I R FRT DOOR TRIM PANEL 0.00 0.4 0.0 BODY 3 R & I R FRT DOOR LOCK CYLINDER & KEY 0.00* 0.2* 0.0 BODY EXISTING 4 R & I R FRT DOOR OUTSIDE HANDLE 0.00* 0.3* 0.0 BODY EXISTING 5 REFINISH R QUARTER PANEL OUTSIDE 0.00 0.0 2.1 REFINISH 6 R & I R QUARTER MUDGUARD 0.00* 0.2* 0.0 BODY EXISTING 7 R & I R QUARTER W/OPENING MLDG 0.00* 0.3* 0.0 BODY EXISTING 8 R & I R MARKER LAMP ASSEMBLY 0.00* 0.3* 0.0 BODY EXISTING 9 ADL OPER TINT COLOR 0.00 0.5* 0.0 REFINISH 10 ADL OPER MASK FOR OVERSPRAY 5.00* 0.0* 0.0 REFINISH 11 ADL COST HAZARDOUS WASTE DISPOSAL 3.00* 0.0 0.0 * Judgement Item Summary Add'1 Lbr Sublet Totals BODY 1.79 54.00 91.80 PAINT MATERIALS 103.40T REFINISH 4.79 54.00 5.00 258.80 HAZARDOUS WASTE 3.00 Non-Taxed Labor 350.60 Taxed Costs 103.40 Tx 8.2503 8.53 Non-Taxed Costs 3.00 Labor ( 6.4 units) 350.60 Add'1 Costs/Materials 106.40 Tax 8.53 Grand Total 465.53 UNDER CALIFORNIA CODE OF REGULATIONS, TITLE 10, CHAPTER 5, SUBCHAPTER 8, SECTION 2695.8.D.2C., YOU ARE ADVISED, THAT YOU HAVE THE RIGHT TO HAVE ANY REPAIR FACILITY OF YOUR CHOICE TO DO THE REPAIRS TO YOUR VEHICLE. HOWEVER, YOUR INSURANCE COMPANY CAN REASONABLY ADJUST ANY WRITTEN ESTIMATE PREPARED BY THE REPAIR SHOP OF YOUR CHOICE. IF YOUR CHOOSE TO USE A REPAIR FACILITY SUGGESTED BY YOUR INSURANCE COMPANY, THEY WILL GUARANTEE THE DAMAGE VEHICLE TO BE RESTORED TO ITS PRE-LOSS CONDITION AT NO COST TO YOU OTHER THAN AS STATED IN THE POLICY (I.E. POLICY LIMITS OR DEDUCTIBLE) OR ALLOWABLE DEPRECIATION. EPA# CAD981159171 NO CREDIT CARDS *****PARTS PRICES SUBJECT TO INVOICE***** ESTIMATE RECALL NUMBER: 05/22/97 15:08:32 20534 Mitchell Data Version: APR 97 EatiMate Plus in a trademark of Mitchell International Copyright 1991-1997 All Rights Reserved r ■I��i�ir■��ir�i��i!I i��f�."�I��!®lir♦ 1��f�l��l•1�1�� I 1 � II�W_I_ I[R�"�1-IIIIII� I��;•1®I��i•I©I�� la��lrll�� f CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA June 24, 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 be loJ�t!l�� TM overnment Code Amount: $371.12 Section 913 and 91 Please note Warnings". CLAIMANT: Vincent King MAY 2 8 1997 OUN AT70RNEY: MART MATY RTINEZ CALIF.SEL Date received ADDRESS: 4184 B San Pablo Dam Road BY DELIVERY TO CLERK ON May 22, 1997 E1 Sobrante, CA 94803 BY MAIL POSTMARKED: May 21, 1997 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. �7 GATED: May 29, 1997 6yIL gePuiyLOR, 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: �L/ // ? BY:/�{/dDeputy 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, u Dated: (OPHIL 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 meAtioned, 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: 7_ 9 BY: PHIL BATCHELOR by uty Clerk CC: County Counsel County Administrator Claim to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT A. Claims relating to causes of action for death or for injury to person or to per- sonal property or growing crops and which accrue on or before December 31, 1987, must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to causes of action for .death or for injury to person or to personal property or growing crops and which accrue on or after January 1, 1988, must be presented not later than six months after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Govt. Code §911.2.) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at the end of this form. ■ iF !F f ■ N IF N M N R ■ N f i N N iF i it N R N i! if N N R it # N R N 1F It • fF N N ■ iF N ■ RE: Claim By ) Reserved for Clerk's filing stamp RECEIVED Against the County of Contra Costa ) or ) Nm 2 2 1997 District) Fill in flame ) CLERK BOARD OF SuP_6,vt5':iRS CONTRA COSTA C6 The undersigned claimant hereby makes claim t th County of Contra Costa or the above-named District in the sum of $ and in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact date and hour) 2. Where did ane damage 8r (Include city and county)�Xl 0 ; ,�r�ni ________w---------- 3. How did the damage or injury occur? (Give full details; use extra paper if re wired) , �u �ti g uy �ht�� 4 VC60M hu1_, ,n D�� 11q� J J�4 rn 4,hf n(ec�. Z h 4 u�1� b v,.A A he2c� whin X1)1 1) 1k r1s � � 1�� v ( �kw- �1 i��k._Y1�L�L ti __IP-L _aa.)A� . 4. What particular act or omission on the part of county or district of icers, servants or employees caused the injury or damage? �l fk wim 1��h} � V (over) 5. wnat are the names of county or district officers, servants or employees causing the damage or injury? ---------------------------------------------------------------------------------- 5. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. QvP 0yr ShoC( fia tv)(w ,h �(- (Y�Wn k Cna hod-( , ck-IC\ 1-�C CA- \C UQ(�D GC 1ad']t �--------------------- 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) Names addresses of witnesses, doctors and hospitals. ALF Jr Me,c1s c\cn�M � i (an k v CV\c` 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT /� S' rho ti pK K <a9 Gov. Code Sec. 910:2 provides: "The claim must be signed by the claimant SEND NOTICES TO: (Attorne or bv s6me person on his behalf." Name and Address of Attorne ' YJ;Jt l laimant s 'gnature)— i say Qt� >c,,, �Q��%v d�1fya �1 (Address 9—V Telephone No. Telephone No.,510 G/ 0156 � a ■ * ta ■ x " �e ■ a * * ra � * NOTICE Section 72 of the Penal Code provides: - "Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, city or district board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is punishable either by imprisonment in the county jail for a period of not more than one year, by a fine of not exceeding one thousand ($1,000), or by both such imprisonment and fine, or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars ($10,0009 or by both such imprisonment and fine. Y r'x m Gq iU Ll CD ,%41 } d` y,2�1 ON y1 KJ O N ,1 r _ s RJ ' v3 5- W�m fy 4 6 tPil al o }� U�NrO"W6 lt1 , s; w o or ° ZN 4 y Q zu zo V a W `O C W J L m - W c U Z Z C. U Z Z N ?CN R5 ,- Z1' O Y W a_ Y f ■1 C a a ° a a� >w aZ -;Z a1L uw w �a r x =� c� c or xLL a= OC oc 0 3 u ULL anU 13 a_ uD r3 cc am 3LQ>�D �� s k Eda>Y_ F� + �dSmOs m _ .= om 3 °' 0 ° { l O W (� Ca.VULmO jj O O ` Om �Ospp L e a Z a e r m C p O F Z O >�n_O �a \ 0 a 2 J r 0cc, myt- g oo J a u u z C Z =0 S" ncmD s N a � m0om0 ��D � W N - QA.Q Q Q <U N F r ° m 'OD p r c N O z �NmEc�y� p v �u a< p Q W a ,C� r Nc �p0 ct0 of. Lc - 'a�0 00 c d 9LUY Y - ��' E LtOHoi 0 9 � �' o o� z 0 3 Q N z a 0 - -- a W 8z w N Z r ZN N v� Z N u !W 3 W _ r (�(��gryWqry C 0 � IJQ F (ia H - Ea > i --n.ZozW Wao v S O o z9 4� a E auAL a g � Z J cc40 a S O p J & ~< 0 W 2 \ O CC o ¢ Z � N � W � E u � s N S z z iW O O`cQ ¢W z Y' U U UU UZ C.0 Z, m W NW O m < <w cW <� �Q <d Y= <w `. <c` c Dc xLL GW Oc �c Og ` �c 0O < O O 3 V VLL inU U_ <- UD a3 c� <m -LO-bN OyO E'�'Do't CMZ g_ 1 � ' �� c 2 o t W • r � „— " " U^ oc a 9ypp v e 0 `z Q m N R 0 --Sc0£ su '� ;x M u U i 4 r,.. z or- •T /� Ya. j Y' t o tE V_ m W�a z Cz� _ > - SO b „�,. < E �ud au J <GLB$L 6 1 F 6. ^ � ♦ O .� QQ O a j c 0-,03 m z F < k i� < ` r z � y O .1i V T1 1 zo N z <= iii 4•'.,'M- . c � � Q � . 3C CLAIM C g BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA June 24, 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: c�Section 913 and agav�i X11 "Warnings". In excess of $9,461.49 ` CLAIMANT! Scott M. Klimek MAY 2 8 1997 ATTORNEY: David L. Axelrod COUNTYCOUNSEL Sierra Law Office of David L. Axelrcuite received MARTINEZ CALIF. ADDRESS: 171 No. Washington Street BY DELIVERY TO CLERK ON May 23, 1997 Sonora, CA 95370 BY MAIL POSTMARKED: May 22, 1997 U.S. Postal Express Mail I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: May 29 1997 IFV�{IL ATC�HiELOR, Clerk Y BY: �eputy II. FROM: County Counsel TO: Clerk of the Board of Supervisors This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: -14// 7 BY: ahie- 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: 1 certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: (r - JI - 57' PHIL BATCHELOR, Clerk, By Qty , Deputy Clerk rl 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: (,- 27- 97 BY: PHIL BATCHELOR by ,_�Deputy Clerk CC: County Counsel County Administrator Sierra Law Office of DAVID L, AXELROD, Attorney at Law 171 No.Washington St.,Suite A,Sonora,CA 95370 (209)533-4270 4DI CLAIM FORM, pursuant to GOVT. CODE §910 et seg., SUBMITTED May 22. 1997 To: CONTRA COSTA COUNTY Board of Supervisors RECEIVED ATTN: Clerk of the Board of Supervisors 651 Pine Street NN 2 31997 Martinez, CA 94553 CLERK 604Hp OF SUPE hTFA COSTA CO. Re: Claim of SCOTT M. KLIMEK V. County of Contra Cost o a orma 1. DATE: May 22, 1997 MAILING ADDRESS OF CLAIMANT: ScoTrM. KLuvmK(hereinafter "the Claimant"), 2545 Beatrice Lane, Modesto, CA 95355 PLEASE ADDRESS RESPONSE AND OTHER CORRESPONDENCE IN CARE OF: DAVID L. AXELROD, Attorney at Law, 171 No. Washington St., Sonora, CA 95370. 2. DOLLAR AMOUNT OF CLAIM AS A DIRECT RESULT OF THE INCIDENT: A total in excess of$9461.49, comprised of actual and consequential damages arising from bodily injury, temporary disability, pain and suffering, emotional distress and other miscellaneous losses, including actual, general and compensatory damages. 3. HOW WAS THE AMOUNT CLAIMED ABOVE COMPUTED? The damages of at least $9461.49 are computed by reasonable evaluation of the following losses and injuries sustained by the Claimant: a) A total of at least $2561.49 in actual medical damages and expenses arising from the accident in question, including but not limited to charges billed by the following health care providers: Gould Medical Foundation ($80.75), California Emergency Physicians--Delta ($58.00), Delta Memorial Hospital ($1475.98), Delta Memorial Hospital ($723.06), and replacement of eyeglasses ($223.70); and b) Additional miscellaneous damages, estimated in excess of some $5400.00, including but not limited to the costs associated with pain and suffering, inconvenience, transportation and travel expenses, loss of recreational and economic opportunities, legal expenses, attorney fees, and psychological damages, including mental anguish, emotional distress, loss of confidence, loss of self-esteem, fear, depression and anxiety, resulting in the potential need for further medical and psychological care; inconvenience; and c) Additional general, consequential, compensatory, contractual, and statutory damages for intentional and negligent acts and omissions of, by and on behalf of the County of Contra Costa, its officers, employees and contractors (hereinafter referred to as collectively "the County") and the State of California, its officers, employees and contractors(hereinafter referred to as collectively "the State") as a public entity or entities, and as owner, operator, controller and maintainer of the public roadway, warning signs and intersection in question, the exact amount of which aforementioned additional damages has not yet been ascertained or evaluated in fine particularity, but is currently estimated to exceed some $1500.00. Insofar as the economic, professional, and psychological consequences of the County's negligent and wrongful acts are either ongoing or not yet finally realized, such costs are not yet definitively known. The exact amount of the claim cannot therefore be precisely specified, accurately evaluated or completely calculated until all final costs are fully ascertained. 4. WHEN DID THE DAMAGE OR INJURY OCCUR? The accident in question, involving personal injury to Claimant, occurred on or about November 24, 1996, at approximately 6:00 p.m. 5. WHERE DID THE DAMAGE OR INJURY OCCUR? The underlying injuries occurred on or around Walnut Blvd. at or near its intersection with Vasco Road and Walnut Blvd., in unincorporated territory of eastern Contra Costa County near the outskirts, and approximately two (2) miles south, of Brentwood, California. 6. CIRCUMSTANCE AND FACTS SUPPORTING THE CLAIM: The foregoing paragraphs are incorporated by reference as though fully set forth herein. Without limitation, the above-referenced claim arises from the Claimant's accidental physical injury, as a due care user of the roadway, involving a motor vehicle collision with another vehicle, resulting from the dangerous condition of the roadway, the failure to warn thereof, and the negligence of the responsible public entity (County and State) with respect to the design, signage, maintenance, operation, control, improvement of the roadway and intersection in question. Specifically, the hazards and defects of which said public entity or entities had actual or constructive notice, include without limitation the following: 1) No effective warning device, sign, stud, barrier or marker was provided to alert the motorist of the coming interesection, the curve in the roadway, the recently- 2 changed and significantly redesigned configuration of the roadway, and the existence of high-speed cross and opposing traffic. 2) No stop sign was visible. If present at all with respect to the roadway in question, the stop sign was turned in the wrong direction, so as not to be visible to a motorist approaching from the south, especially at night. 3) The roadway and intersection were inadequately illuminated. The public entity or entities failed to provide safe and effective lighting. 7. SPECIFIC DAMAGE OR INJURY: The foregoing paragraphs are incorporated by reference as though fully set forth herein. In consequence of the County's and State's negligence, wrongdoing, breach of applicable traffic-related design and signage guidelines and manuals, and violation of applicable safety standards, and through no fault of his own, Claimant has sustained bodily injury, including without limitation pain, numbness, aching, and impairment of the left hand, fingers, wrist, arm, shoulder, and to his neck, spine, and lower back, and other orthopedic and neurological afflictions, pain and suffering, disability, disfigurement, loss of financial and recreational opportunities, real and potential loss of wages and benefits, loss of independence, injury to his personal and professional standing and reputation, travel and transportation expenses, inconvenience, strains upon family relationships, attorney fees, legal costs, and severe psychological damages, including but not limited to frustration, depression, fear, anxiety, loss of confidence and self-esteem, humiliation, mental anguish, and emotional distress. 8. SEND OFFICIAL NOTICES AND OTHER CORRESPONDENCE TO: DAVID L. AXELROD,Attorney at Law Sierra Law Office of David L. Axelrod 171 No.Washington Street Sonora, CA 95370 Telephone: (209) 533-4270 Fax number: (209) 536-0907 9. SIGNATURE OF CLAIMANT'S ATTORNEY/REPRESENTATIVE: A L. AXELROD, Attorney fo laimant DAYTIME TELEPHONE NUMBERS: (209) 533-4270, Claimant's Attorney, DAVID L. AXELROD,Esq. 3 , . . , , , , , . . . . > % M ca 1 uj cc ! ! ! !! |`! i uj o ■ , � ! � ° { i | f ? » ? fLL CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA June 24, 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: Amount Not Given Section 913 and 915.4. Please note all "Warnings". CLAIMANT. Audith Markley ATTORNEY: IS Date received COUNTY COUNSEL ADDRESS: 221 Regent Court BY DELIVERY TO CLERK ON May 29, 1997 MARTINEZ CALIF. American Canyon, CA 94589 BY MAIL POSTMARKED: Hand Delivered via: Risk Mgmt. I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. 11 gATCHELOR, Clerk �cc�F� DATED: June 3. 1997 ��: Depuiy a— nY 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 16 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: BY: Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present ( / ) This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: (r -9 7 PHIL BATCHELOR, Clerk, By Deputy Clerk _T 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 r I declare under penalty of perjury that I am now, and at all times herein msAtioned, 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. L Dated: - LZ BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator Clair 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 f1l'n9 stamp �D Against the County of Contra Costa ) MAY 2 9 or ) �r District) CLERK BOARD OF SUPER wOCIS 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 $ and in support of this claim represents as follows: 1. W`henn did the damage or injury occur? (Give exact date and hour) J�------------------ ---- -------- 2. Where did the e or injury occur? (Include city and county) -------- __—Zz M ----- 3. How or injury ? (Give full details; use extra er if required) 4. Whal particul� omission on a par€ t�bf county or district officers, ��/Lu�U• servants or employees caused the injury or damage? J_4,� eta_ (over) 5. wnat are the names of county or district officers, servants or employees causing the damage or injury? -------------- 5.— What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. JZ 7. How was the amount claimed above computed? (Include he estimated amount of any prospective injury or damage.) -- -- -- - i" --------------------------------------------- $. Names and addresses of witnesses, doctors and hospitals. -"----------------- ------------ --- 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT IF M iF N N M N 1t if .# N.M ■ ■ i 1k R iF N M it !F # ■ • iF N it M N • N M Gov. Code Sec. 910:2 provides: "The claim must be signed by the claimant SEND NOTICES TO: (Attorney) or bv some Derson on his behalf." Name and Address of Attorney many ignat e Address Telephone No. Telephone No. W�� 96 NOTICE Section 72 of the Penal Code provident "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)0 or by both such imprisonment and fine, or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars ($10,0009 or by both such imprisonment and fine. Date: 05/23/97 02:18 PM Estimate ID: 42 Preliminary Profile ID: STANDARD BROADWAY AUTO BODY 610 Broadway Vallejo,CA 94590.3323 (707)552-5274 Fax: (707)552-4261 Damage Assessed By: Tim Goodwin Deductible: UNKNOWN Insured: ARDITH MARKLEY Address: 221 REGENT CT AMER CYN,CA 94589 Telephone: Home Phone( )552-5796 Mitchell Service: 914525 Description: 1995 Dodge Caravan SE Body Style: Van 112"WB Drive Train: 3.01.Inj 6 Cyl Line Entry Labor Line Item Part Type/ Dollar Labor Item Number Type Operation Description Part Number Amount Units 1 403300 BDY REMOVE/INSTALL HOOD ORNAMENT Existing 0.2* 2 421676 BDY REMOVE/INSTALL R W/SHIELD WASHER NOZZLE Existing 0.2*# 3 421684 BDY REMOVE/INSTALL L W/SHIELD WASHER NOZZLE Existing 0.2*# 4 900500 REF * REFINISH/REPAIR SPOT/CLEAR HOOD Existing 2.0* 5 900500 REF * REFINISH/REPAIR SPOT CLEAR FENDER LIF Existing 1.0* 6 900500 REF * REFINISH/REPAIR RESTRIPE PAINTED Existing 1.0* 7 933002 REF ADD'L OPR CLEAR COAT 1.0* 8 933018 REF ADD'L OPR MASK FOR OVERSPRAY 6.00* 0.2* 9 AUTO ADD'L COST PAINT/MATERIALS 110.00* *-Judgement Item #-Labor Note Applies Add'I Labor Sublet I. Labor Subtotals Units Rate Amount Amount Totals II. Part Replacement Summary Amount Body 0.6 50.00 0.00 0.00 30.00 Refinish 5.2 50.00 6.00 0.00 266.00 Total Replacement Parts Amount 0.00 Non-Taxable Labor 296.00 Labor Summary 5.8 296.00 III. Additional Costs Amount IV. Adjustments Amount Taxable Costs 110.00 Customer Responsibility 0.00 Sales Tax @ 7.250% 7.98 Total Additional Costs 117.98 I. Total Labor: 296.00 It. Total Replacement Parts: 0.00 Ill. Total Additional Costs: 117.98 Gross Total: 413.98 ESTIMATE RECALL NUMBER: 5/23/97 14:18:21 42 UltraMate is a Trademark of Mitchell International Mitchell Data Version: APR-97_A Copyright(C)1994,1995 Mitchell International Page 1 of 2 All Rights Reserved Date: 05/23/97 02:18 PM Estimate ID: 42 Preliminary a Profile ID: STANDARD IV. Total Adjustments: 0.00 Net Total: 413.98 This is a preliminary estimate. Additional changes to the estimate may be required for the actual repair. ESTIMATE RECALL NUMBER: 5123/97 14:18:21 42 UltraMate is a Trademark of Mitchell International Mitchell Data Version: APR_97_A Copyright(C)1994,1995 Mitchell International Page 2 of 2 All Rights Reserved DAMAGE REPORT MARKLEY 05/23/97 at 15: 12 D.R. 23007-0008082 AX142G76 FAX 6439642 Est: L. BLAKE KLIMISCH'S INC. YOUR SATISFACTION IS OUR REWARD 285 COUCH ST VALLEJO, CA 94590- (707) 643-2519 Owner: ARDITH MARKLEY Day Phone: (510) 313-4000- Address: 221 REGENT COURT Other Ph: ( ) 552-5796- AMERICAN CANYON CA 94589 Deductible: $ 0 . 00 Insurance Co. : Phone: Claim No. : Adj . : 95 DODG GRAND CARAVAN 4X2 SE 2D VAN DRK GREEN 6-3 . 3L-FI Vin: 1B4GH44R2SX582567 License: 3RVN644 CA Prod Date: 10/94 Odometer: 19828 Power steering Power brakes Power mirrors Tinted glass Body side moldings Dual mirrors Tilt wheel Cruise control Rear window wiper Driver airbag Bucket seats Clear coat paint -------------------------------------------------------------------------------- PART NO. OP. DESCRIPTION OF DAMAGE QTY COST LABOR PAINT MISC -------------------------------------------------------------------------------- 1 HOOD 2* Repr Hood- BLEND W/IN PANEL 1 2.0 2. 5 3 Add for Clear Coat 1 1 .0 4 R&I ormmnt sprng typ Crvn & Vy 1 0. 3 5 R&I RT Nozzle 1 0 . 2 6 R&I LT Nozzle 1 0.2 7 8 FENDER 9* Repr *LT Fender-TRY TO POLISH TOP 1 1 .0 10 11* TINT 1 0.5 12* COVER VEHICLE 1 0. 3 T 5 .00 13 14* *NOTE: IF LT TOP EDGE OF FENDR 1 15* DOES NOT POLISH OUT WE WILL 1 16* NEED TO PAINT FENDR & ESTIMATE 1 17* WILL INCREASE* 1 -------------------------------------------------------------------------------- Subtotals =__> 0.00 4 . 5 3 . 5 5 .00 Page: 1 DAMAGE REPORT MARKLEY 05/23/97 at 15 : 12 D.R. 23007-0008082 AK142676 FAX 6439642 Est: L. BLAKE KLIMISCH'S INC. YOUR SATISFACTION IS OUR REWARD 285 COUCH ST VALLEJO, CA 94590— (707) 643-2519 Parts 0 .00 Body Labor 4. 5 units @ $52 . 00 234.00 Paint Labor 3 . 5 units @ $52 . 00 182 .00 Paint/Materials 3 .5 units @ $22 . 00 77.00 Sublet/Misc 5.00 -------------------------------------------- SUBTOTAL $ 498.00 Tax on $ 82 . 00 at 7.2500% 5. 95 -------------------------------------------- GRAND TOTAL $ 503 . 95 -------------------------------------------- UNDER CALIFORNIA CODE OF REGULATION, TITLE 10, CHAPTER 5, SUBCHAPTER 8 SECTION 2695,8,D,2.C., WE ARE ADVISING YOU THAT YOU HAVE THE RIGHT TO HAVE ANY REPAIR FACILITY OF YOUR CHOICE TO DO YOUR VEHICLE. HOWEVER THE COMPANY CAN REASONABLE ADJUST ANY WRITTEN ESTIMATES PREPARED BY THE REPAIR SHOP OF YOUR CHOICE. Estimate based on MOTOR CRASH ESTIMATING GUIDE. Non-asterisk(*) items are derived from the Guide DR3TE91. Database Date 2/96 Double asterisk(**) items indicate part supplied by a supplier other than the original equipment manufacturer. CAPA items have been certified for fit and finish by the Certified Auto Parts Association. EZEst - A product of CCC Information Services Inc. Page: 2 c .s CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA June 24, 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), ,,g9.iive.n.p�ursuan �Q,,�Q�Qrnment Code Amount: Within the Jurisdiction of the Section 913 and 915.4.IKdl1�iR e�ib22,b1llnings". Superior Court LLLL1Iii „'"ii��JJ CLAIMANT: Melba Proctor MAY 2 S 1997 ATTORNEY: James C. Glassford COUNTY COUNSEL Attorney at Law Date received MARTINEZCALIF. ADDRESS: A Professional Corporation BY DELIVERY TO CLERK ON May 23, 1997 2033 No. Main Street Suite 750 BY MAIL POSTMARKED: May 21, 1997 Walnut Creek, CA 94596 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: v 29. 1997 �f�(IL �ep�iELOR, Clerk , p �, P Y '�� 1I. FROM: County Counsel TO: Clerk of the Board of Supervisors (X) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). .) Other: y71 i' . // gAcL ✓t.Cf i LL �CGyL P C_ Grtc Am"04 1q,1_11 Dated: ? 17� y / BY: d Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present ( V This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: (o PHIL BATCHELOR, Clerk, BY. A, Deputy Clerk rr 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 r I declare under penalty of perjury that I am now, and at all times herein meAtioned, 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. 4 Dated: In-A-7-q 7 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator 1 2 3 RECEIVED 4 Clerk of the Board F' MAY 2 3 Io97 Board of Supervisors 5 COUNTY OF CONTRA COSTA 651 Pine Street CLE KK©0ARDOFSUPERy 6 Martinez, CA 94553 CONT�gCOSTgCO. 7 8 BEFORE THE BOARD OF SUPERVISORS COUNTY OF CONTRA COSTA 9 In the Matter of the Claim of 10 Melba Proctor, Claimant, 11 VS . 12 The County of Contra Costa 13 14 CLAIM AGAINST A PUBLIC ENTITY 15 On behalf of Claimant, JAMES C . GLASSFORD, a Professional 16 Corporation, hereby presents this claim to the COUNTY OF CONTRA 17 COSTA, pursuant California Government Code, Section 910 : 18 1 . The name and post office address of the claimant is : 19 Melba Proctor, P .O. 121, Bethel Island, CA 94511 . 20 2 . The post office address to which JAMES C. GLASSFORD, a 21 Professional Corporation desires notice of this claim to be sent 22 is 2033 No. Main Street, Suite 750 , Walnut Creek, CA 94596 . 23 3 . On or about December 17 , 1996, Claimant received 24 personal injuries under the following circumstances : Claimant 25 slipped on a steel drain cover on the east sidewalk of Ascot 26 Drive in front of 2063 Ascot Drive, Moraga, County of Contra 27 Costa, CA 94556, and fell to the ground sustaining personal 28 injuries; said steel drain cover presented and dangerous and Page 1 I hazardous condition at the time of the injury; that the 2 dangerous condition created a reasonably foreseeable risk of the 3 kind of injury which was incurred; said public entity 4 negligently through its employees created the dangerous 5 condition and after actual and constructive notice of the 6 dangerous condition a sufficient time prior to the injury to 7 have taken measures to protect against the dangerous condition 8 permitted said dangerous condition to exist on its property or 9 on property over which it had control; said public entity 10 through its employees was negligent in the supervision, 11 maintenance, inspection and repair of its property and property 12 over which it had control; further, said public entity 13 negligently failed to warn of said dangerous condition; that as 14 a direct and proximate result of the carelessness and negligence 15 of said public entity and its employees and the above-described 16 dangerous condition, Claimant sustained personal injuries and 17 damages . 18 4 . So far as it is known to Claimant and JAMES C . 19 GLASSFORD, a Professional Corporation, at the time of the 20 presentation of this claim, Claimant has sustained the following 21 losses, injuries , and damages : injuries to her left knee, both 22 legs and feet, medical expenses and future medical expenses, 23 loss of earnings and earning capacity and future earnings and 24 earning capacity, and general damages cognizable under the law. 25 5 . The true names and capacities of the public employees 26 responsible for the accident referenced above are unknown to the 27 claimant and JAMES C . GLASSFORD, a Professional Corporation, 28 who therefore claim that Does 1 through 100 are in some way Page 2 1 responsible for the damages of the claimant. 2 6 . So far as it is known to Claimant and JAMES C. 3 GLASSFORD, a Professional Corporation, at the time of 4 presentation of this claim, claimant has incurred damages in an 5 amount within the jurisdiction of the superior court. 6 Dated: May 22 , 1997 Respectfully submitted by JAMES C. GLASSFORD 7 a Professional Corporation 8 9 by ' , 1 i 1{} ames C. 11 12 13 14 15 16 17 18 19 24 21 22 23 24 25 26 27 28 Page 3 JAMES C. GLASSFORD ATTORNEY AT LAW A PROFESSIONAL CORPORATION JAMES C,GLASSFORD 2033 NO. MAIN STREET, STE.�L511--• K ATTORNEY ATt W WALNUT CREEK, CA 9456 o �' _ . t(510)977-4078 May 22, 1997 !( N1AY 2 3 lyi Clerk of the Board Board of Supervisors SUpERVi50Rs COUNTY OF CONTRA COSTAKBpPfM STA CO 651 Pine Street Martinez, CA 94553 Re: Proctor vs. Moraga Terrace HOA, Town of Moraga, County of Contra Costa Date of Accident: December 17 , 1996 Dear Clerk: Enclosed herewith for presentment to the Board of Supervisors is my client' s claim for damages . Please file these documents and return an endorsed-filed copy of the claim in the enclosed, self-addressed, stamped envelope. Thank you for your courtesy and cooperation. Yours very truly, JAMES C. GLASSFORD a Professional Cor ration r � f By: Y � J 1� s C. assfor JC \ ss IJ C F w D Z > > Z � � 3TyU A z r 72 > CA z ry a C7 J s S rn n W n Di to 0 0 r " r O 97 SD rt, z r: n �• roHa �c m c o 0 N cD O re rn M rr nrrnG ? > m O'O @ mzm �O tD H rt w 4rrmC O in {0 rt w now O n cn m H r,. r ti.V rw CLAIM Q, '� BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA June 24, 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: $100,000,00 + Section 913 and 915.4. Please note all "Warnings". CLAIMANT: Ralph K. Rogue and Vicki L. Rouge l� ATTORNEY: AN 1�jy j Date received C7Ui'.71- Y 'UNSEL ADDRESS: 514 Patterson Blvd. BY DELIVERY TO CLERK ON pIgj,2o 1hiAP�l`,NEZCALIF. Pleasant Hill, CA 94523 BY MAIL POSTMARKED: Hand Delivered via: Risk Mgmt. I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: June 3 1997 PpHHIL gATCl1ELOR, Clerk p BY: Deputy. l� .2^.��-cL�r+.• ,JD_P.,� II. FROM: County Counsel TO: Clerk of the Board of Supervisors O 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: (p/( / 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: —17 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 r I declare under penalty of perjury that I am now, and at all times herein motioned, 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:(4—� —9 7 BY: PHIL BATCHELOR by Deputy Clerk r—� CC: County Counsel County Administrator Claim to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT A. Claims relating to causes of action for death or for injury to person or to per- sonal property or growing crops and which accrue on or before December 31, 1987, must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or after January 1, 1988, must be presented not later than six months after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Govt. Code §911.2.) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal, Code Sec. 72 at the end of this form. RE: Claim By ) Reserved for Clerk's filing stamp t d L 0h 0j�ut, i REtCOSTACO. V) CK l lL JZc ia� Against the County of ntra Costa ) MAY or ) q Ep�(BOA District) CONT Fill in name ) The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ 160 Q N) . 00 -�" and in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact date and hour) / / )'7 qpm 6'2,Y) 2 I FtJ C � heGrl e( 1 ; r�_ Joccur? (Include and cAt 14j/ ounty) 3. ('[IJfiQ �1LlUil � --__----�----_-fig injury � Where did or 3. How did the damage or injury occur? (Give full details; use extra paper if required) �5iii m_Dr qui5 an 'L C yt Ks caq 1 ��d d 0 � C LQ CK of b IT, m(�uit. arl i�5��nsfib t UtU5 C��.r� �(Lr`C." lt( rYti � t C( �iJ) IUw i�@> ei-- IIk �J0 I L`rl _C�C�� 4. What particular act or omission on the part of count or district officers, servants or empl�yees caused tk�e injury or damage? ��OL {}Hil l�Q U ))I )C; 1t5 /XJ t u l c StDiJY � ( r,G.ul Sg3uIi1 (r) Pcet� ��r'/ LI ' cu-4 .(i (over) 5. what are the names of c ty r district officers, servants or employees causi-ng the damage or injury? JCpC CC: )tit) COUJ1f� 6Y1C� llll� c� 6. What damage or injuries do you claim resulted? (Give full extent of iniuries or damages laimed. Atta h t estimates for auto l �t OU�i' f`40 DCk1 pkIW)Q iltrn, c�rllcti,� c2 o "�o» esO-C D(Lh & 7. How was the amount claimed above computed? , (Include the estimated amount of any prospective inju��' or damage.) JoSS �'_Stjf1'lilt� l �' `7o c < � 'd t16» G11 d1n1t ------------- ------------------ J 8. Names and addresses of witnesses, doctors and hospitals. 9. List the expenditures you made on account of this accident or fnjury. `YItlll (ttrlt� DATE ITEM AMOUNT ('iia PLU-C : r 11 HuwLt �7pj [/"S / in 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 laimant'signature II Address 1/� Telephone No. Telephone No. ■ • a * a N * * • iF N N ■ * • '��F it R it 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. 5th AHMED CLAIM •g BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA June 24, 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 $25,000.00 Section 913 and 915.4. Please note all "Warnings" CLAIMANT: George A. and Gloria R. Acevedo, et al �h ATTORNEY: Thomas C. Nagle 3r'ca es Law Offices of Thomas C. Nagle Date received wcOUNSEL ADDRESS: 500 Ygnacio Valley Road BY DELIVERY TO CLERK ON June 2, 1997 ; 1NEZCALIF. Suite 325 Walnut Creek, CA 94596 BY MAIL POSTMARKED: Hand Delivered 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: June 3, 1997 JYIL ATCYELOR, Clerk AF ' i 7 hGl BY: Oepu 9 \1 II. FROM: County Counsel TO: Clerk of the Board of Supervisors (X) This claim complies substantially with Sections 910 and 910.2. ( `) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) 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. BOAR 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: (Q _a y._V7 PHIL BATCHELOR, Clerk, ByW!A y p, , 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 r I declare under penalty of perjury that I am now, and at all times herein meptioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez. California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: !P—�� 97 BY: PHIL BATCHELOR by / Deputy Clerk CC: County Counsel County Administrator !V� I THOMAS C. NAGLE (Bar No. 037619) SHA2 LAWROFFIICEIIOFLTHOMAS C. NAGLE24) RED 500 Ygnacio Valley Road, Suite 325 3 Walnut Creek, CA 94596 qq Telephone : (510) 938-2299 4 JEFFREY D. POLISNER (Bar No. 040551) pp 5 BOLD, POLISNER, MADDOW, NELSON, AND JUDSON CLS CONTRA COSTA CO. 500 Ygnacio Valley Road, Suite 325 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 I 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 Condition of approval 35 . 3 of LUP 2020-89 was intended to 15 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 I 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: June 2 , 1997 Jeffrey D. Polisner BOLD, POLISNER, MADDOW, 13 NELSON & JUDSON 14 LAW OFFICES OF THOMAS C. NAGLE 15 16 X 17 By: 18 T S C. N#GLE ttorneys for Claimants 19 20 21 22 23 24 25 26 27 28 4 Exhibit"A" George A. & Gloria R. Acevedo James T. Busbee 2248 Daffodil Dr. 2113 Sugartree Pittsburg, CA 94565 Pittsburg, CA 94565 Jose Luis Agredano Jeffrey L. Bush 2241 Santa Maria Dr. 2223 Mt. Whitney Dr. Pittsburg, CA 94565 Pittsburg, CA Frank Aiello Armando Cardoza 1734 Bridgeview St. 2211 Santa Maria Dr. Pittsburg, CA Pittsburg, CA 94565 Oscar A. Arden Frank and Kelly Capaldo (see Daysi Pineda) 2227 Carmel Ct. Pittsburg, CA 94565 Patrick W. and Cathryn E. Baird 2211 Concord Dr. Gary & Victoria Carr Pittsburg, CA 94565 22 Mt. Whitney Dr. Pittsburg, CA 94565 Roger Berry 2240 Concord Dr. Mark Condos Pittsburg, CA 94565 2211 Begonia Ct. Pittsburg, CA 94565 Sally and David Bone 2253 Mount Whitney Dr. Michael and Pamela Dawson Pittsburg, CA 94565 2229 Carmel Court Pittsburg, CA 94565 Ken Bouchet 2251 Santa Maria Ct. Ronald L. & Lisa N. Desposito Pittsburg, CA 94565 2263 Jacqueline Dr. Pittsburg, CA 94565 Margarito & Victoria Briseno 2270 Jacqueline Dr. Nancy J.H. Dion Pittsburg, CA 94565 2238 Concord Dr. Pittsburg, CA 94565 Stefan Burdt 2236 Concord Dr. Lance J. and Maria Dow Pittsburg, CA 2232 Concord Dr. Pittsburg, CA 94565 1 John and Raegene Edens Tifton & Julie Gantt 2231 Mt. Whitney Dr. 2228 Santa Maria Dr. Pittsburg, CA 94565 Pittsburg, CA 94565 Harry T. & Gail C. Elliott Peter and Christa Gomm 1321 West Leland Rd. 2241 Concord Dr. Pittsburg, CA 94565 Pittsburg, CA 94565 Hector and Raquel Enriquez Ricardo & Elsy Y. Gonzalez 2222 Concord Dr. 1060 Westmont Ct. Pittsburg, CA 94565 Pittsburg, CA 94565 Reynato R. & Milagros Evangelista Michael J. Gonsalves 2221 Begonia Ct. 2243 Jacqueline Dr. Pittsburg, CA 94565 Pittsburg, CA 94565 **William& Edythe Fairclough Larry A. & Frances V. Gonzales P.O. Box 270 2255 Mt. Whitney Dr. Martinez, CA 94553 Pittsburg, CA 94565 Christopher& Rosa Fallon Connie & Barry Grant 2235 Carmel Court 2217 Concord Dr. Pittsburg, CA 94565 Pittsburg, CA 94565 Jeffrey & Jane Fischer Franklin M. & Dorothy Griego 1121 Los Palos Ct. 2232 Jacqueline Dr. Pittsburg, CA 94565 Pittsburg, CA 94565 H. Dwayne & Anna G. Fisher James F. Hampton 1140 Los Palos Ct. 2240 Westwood Lane Pittsburg, CA 94565 Pittsburg, CA 94565 Louise E. Foreg Frank & Jimmie Hensler 2218 Concord Dr. 2214 Mt. Whitney Dr. Pittsburg, CA 94565 Pittsburg, CA 94565 Kelly Shawn Fraga **Michael J. & Carol D. Herbst 1115 Los Palos Ct. 2207 Santa Maria Dr. Pittsburg, CA 94565 Pittsburg, CA 94565 Anthony & Jasoda K. Francis Robert & Rita Hinde 2247 Jacqueline Dr. 2214 Jacqueline Dr. Pittsburg, CA 94565 Pittsburg, CA 94565 2 Madeleine & Leif Holmen Andrew E. Miller 2239 Concord Dr. 2268 Jacqueline Dr. Pittsburg, CA 94565 Pittsburg, CA 94565 Tracey L. Hudson Dan & Jill Millpointer 2259 Jacqueline Dr. 2255 Jacqueline Dr. Pittsburg, CA 94565 Pittsburg, CA 94565 Robert L. & Sharon L. Hussey Robert, Paul & Mary Mullen 2262 Jacqueline Dr. 2213 Santa Maria Dr. Concord, CA 94565-4470 Pittsburg, CA 94565 Francisco A. & Ethel A. Jarguin, Jr. Guadalupe U. & Sandra Murguia 2265 Jacqueline Dr. 2225 Daffodil Dr. Pittsburg, CA 94565 Pittsburg, CA 94565 Larry L. & Carol Jones **James and Leanne Noe 2220 Concord Dr. 2256 Santa Maria Pittsburg, CA 94565 Pittsburg, CA 94565 **Joe & Brenda Kermode Alan S. & Terry E. Park 2150 Chestnut Dr. 2269 Mt. Whitney Dr. Pittsburg, CA 94565 Pittsburg, CA 94565 Scott Leach& Donna Threde Ram Parkash 2226 Jacqueline Dr. 2117 Sugartree Dr. Pittsburg, CA 94565 Pittsburg, CA 94565 Toni A. Lee Trace & Michele Parks 2192 Sugartree Dr. 2205 Santa Maria Drive Pittsburg, CA 94565 Pittsburg, CA 94565 Antonio & Arminda Loza Valerie A. Patton 51 Maylard St. 1024 Via Ventio Way Baypoint, CA Pittsburg, CA 94565 Michael P. Lyons Ned and Judith Pehrson 2230 Mt. Whitney Dr. 2250 Concord Dr. Pittsburg, CA 94565 Pittsburg, CA 94565 John & Margery Sue McKee A. Daysi Pineda& Oscar A. Ardon 2260 Jacqueline Dr. 2209 Santa Maria Dr. Pittsburg, CA 94565 Pittsburg, CA 94565 3 Cecilio & Sherry Quintana Andrew P. & Teresa L. Thomas 2261 Jacqueline Dr. 2219 Concord Dr. Pittsburg, CA 94565-4470 Pittsburg, CA 94565 John P. & Anita M. Reudy Dona L. Thomson & James D. Thomson 1142 Los Palos Ct. The James D. Thomson Trust UAD 6/17/83 Pittsburg, CA 94565 2215 Rome St. Pittsburg, CA 94565 Keith M. and Sheri A. Robb 222 Carmel Court Russell & Karen Thorsted Pittsburg, CA 94565 2261 Mt. Whitney Dr. Pittsburg, CA 94565 Garth A. & Kelli A. Robershaw 2245 Jacqueline Dr. Donna Threde (see Scott Leach) Pittsburg, CA 94565 Patricia A. Townsend **Mark and Kathy Rusch 2227 Concord Dr. 930 Rockridge Way Pittsburg, CA 94565 Pittsburg, CA 94565 Chuck J. & Laura A. Vaughn Melvin Sasahara 2261 Concord Dr. 2229 Daffodil Dr. Pittsburg, CA 94565 Pittsburg, CA 94565 Coy and Martha M. Wilson, Sr. Michael J. & Mary M. Saverio 2257 Mt. Whitney Dr. 2250 Jacqueline Dr. Pittsburg, CA 94565 Pittsburg, CA 94565 Kevin& Margaret Wise David M. & Annette Sherman 1148 Los Palos Ct. 2230 Concord Dr. Pittsburg, CA 94565 Pittsburg, CA 94565 James R. Worley Kenneth L. Swasey 1117 Los Palos Ct. 2232 Santa Maria Dr. Pittsburg, CA 94565 Pittsburg, CA 94565 James L. & Maureen E. Wright Adelio & Angelita Tanyag 2226 Ridgecrest Way 1107 Los Palos Ct. Pittsburg, CA 94565 Pittsburg, CA 94565-4337 Casandra W. & Peter S. Terry Note: ** Mailing address different 2245 Concord Dr. than property address Pittsburg, CA 94565 4 4th AMENDED CLAIM C, BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA June 24, 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 v Amount: Exceeds $25,000.00 Section 913 and 915.4. Please note� � s CLAIMANT: George A. and Gloria R. Acevedo MAY 2 8 1997 ATTORNEY: Thomas C. Nagle COUNTY COUNSEL Law Offices of Thomas C. Nagle Date received MARTINEZ CALIF. ADDRESS: 500 Ygnacio Valley Road BY DELIVERY TO CLERK ON May 28, 1997 Suite 325 Walnst Creek, CA 94596 BY MAIL POSTMARKED: May 27, 1997 Certified Mail 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: May 29, 1997 PpHHIL BATCHELOR, Clerk BY: Deputy �4JI .�F,a 1I. 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: X1;0/7 BY: G� `�/ 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: ca-�r 9 7 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: _2�7—2 7 BY: PHIL BATCHELOR by De uty Clerk CC: County Counsel t + County Administrator LAW OFFICES OF 1 500 YGNACIO VALLEY ROAD,SUITE 325TlOmAJ C. NAGLE WALNUT CREEK,CA 94596 (510)933-7777 A PROFESSIONAL CORPORATION FACSIMILE(510)933-7804 THOMAS C. NAGLE SHARON M. NAGLE May 27, 1997 RECEIVED Mly 2 81997 CERTIFIED MAIL/ RETURN RECEIPT REQUESTED WR CO TRA OF COSTA CO.ISORS Clerk of the Board of Supervisors 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, 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 3 Walnut Creek, CA 94596 Telephone : (510) 938-2299 4 JEFFREY D. POLISNER (Bar No. 040551) A1RECEIVED 5 BOLD, POLISNER, MADDOW, NELSON, AND JUDSON 500 Ygnacio Valley Road, Suite 325 hf 6 Walnut Creek, CA 94596 'y 2 8 W7 Telephone : (510) 933-7777 7 CLERK BOARD Of SUPERVISORS Attorneys for Claimants CONTRA COSTA CO. 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 4 D. Polisner, Bold, Polisner, Maddow, Nelson and Judson, 500 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 iS or transaction which gave rise to the claim asserted are as 16 follows: 17 The claimants own, have recently sold, andjor 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 1 specified by the Board. " 2 On or about November, 1996, the Board allocated $485, 000 to 3 4 compensate property owners near the Keller Canyon Landfill for 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 laim:3 4 The amount claimed pursuant to these claims exceeds twenty- 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 27, 1997 Jeffrey D. Polisner 13 BOLD, POLISNER, MADDOW, NELSON & JUDSON 14 15 LAW OFFICES OF THOMAS C. NAGLE 16 17 By, 18 OMAN C. AGLE Attorneys for Claimants 19 20 21 22 23 24 25 26 27 28 4 Exhibit "A" George A. & Gloria R. Acevedo James T. Busbee 2248 Daffodil Dr. 2113 Sugartree Pittsburg, CA 94565 Pittsburg, CA 94565 Jose Luis Agredano Jeffrey L. Bush 2241 Santa Maria Dr. 2223 Mt. Whitney Dr. Pittsburg, CA 94565 Pittsburg, CA Frank Aiello Armando Cardoza 1734 Bridgeview St. 2211 Santa Maria Dr. Pittsburg, CA Pittsburg, CA 94565 Oscar A. Ardon Frank and Kelly Capaldo (see Daysi Pineda) 2227 Carmel Ct. Pittsburg, CA 94565 Patrick W. and Cathryn E. Baird 2211 Concord Dr. Gary & Victoria Carr Pittsburg, CA 94565 22 Mt. Whitney Dr. Pittsburg, CA 94565 Roger Berry 2240 Concord Dr. Mark Condos Pittsburg, CA 94565 2211 Begonia Ct. Pittsburg, CA 94565 Sally and David Bone 2253 Mount Whitney Dr. Michael and Pamela Dawson Pittsburg, CA 94565 2229 Carmel Court Pittsburg, CA 94565 Ken Bouchet 2251 Santa Maria Ct. Ronald L. & Lisa N. Desposito Pittsburg, CA 94565 2263 Jacqueline Dr. Pittsburg, CA 94565 Margarito & Victoria Briseno 2270 Jacqueline Dr. Nancy J.H. Dion Pittsburg, CA 94565 2238 Concord Dr. Pittsburg, CA 94565 Stefan Burdt 2236 Concord Dr. Lance J. and Maria Dow Pittsburg, CA 2232 Concord Dr. Pittsburg, CA 94565 1 John and Raegene Edens Tifton& Julie Gantt 2231 Mt. Whitney Dr. 2228 Santa Maria Dr. Pittsburg, CA 94565 Pittsburg, CA 94565 Harry T. & Gail C. Elliott Peter and Christa Gomm 1321 West Leland Rd. 2241 Concord Dr. Pittsburg, CA 94565 Pittsburg, CA 94565 Hector and Raquel Enriquez Ricardo & Elsy Y. Gonzalez 2222 Concord Dr. 1060 Westmont Ct. Pittsburg, CA 94565 Pittsburg, CA 94565 Reynato R. & Milagros Evangelista Michael J. Gonsalves 2221 Begonia Ct. 2243 Jacqueline Dr. Pittsburg, CA 94565 Pittsburg, CA 94565 **William& Edythe Fairclough Larry A. & Frances V. Gonzales P.O. Box 270 2255 Mt. Whitney Dr. Martinez, CA 94553 Pittsburg, CA 94565 Christopher& Rosa Fallon Connie & Barry Grant 2235 Carmel Court 2217 Concord Dr. Pittsburg, CA 94565 Pittsburg, CA 94565 Jeffrey & Jane Fischer Franklin M. & Dorothy Griego 1121 Los Palos Ct. 2232 Jacqueline Dr. Pittsburg, CA 94565 Pittsburg, CA 94565 H. Dwayne & Anna G. Fisher James F. Hampton 1140 Los Palos Ct. 2240 Westwood Lane Pittsburg, CA 94565 Pittsburg, CA 94565 Louise E. Foreg Frank& Jimmie Hensler 2218 Concord Dr. 2214 Mt. Whitney Dr. Pittsburg, CA 94565 Pittsburg, CA 94565 Kelly Shawn Fraga **Michael J. & Carol D. Herbst 1115 Los Palos Ct. 2207 Santa Maria Dr. Pittsburg, CA 94565 Pittsburg, CA 94565 Anthony & Jasoda K. Francis Robert & Rita Hinde 2247 Jacqueline Dr. 2214 Jacqueline Dr. Pittsburg, CA 94565 Pittsburg, CA 94565 2 Madeleine & Leif Holmen Dan & Jill Millpointer 2239 Concord Dr. 2255 Jacqueline Dr. Pittsburg, CA 94565 Pittsburg, CA 94565 Tracey L. Hudson Robert, Paul & Mary Mullen 2259 Jacqueline Dr. 2213 Santa Maria Dr. Pittsburg, CA 94565 Pittsburg, CA 94565 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. **James and Leanne Noe 2265 Jacqueline Dr. 2256 Santa Maria Pittsburg, CA 94565 Pittsburg, CA 94565 Larry L. & Carol Jones Alan S. & Terry E. Park 2220 Concord Dr. 2269 Mt. Whitney Dr. Pittsburg, CA 94565 Pittsburg, CA 94565 **Joe & Brenda Kermode Ram Parkash 2150 Chestnut Dr. 2117 Sugartree Dr. Pittsburg, CA 94565 Pittsburg, CA 94565 Scott Leach& Donna Threde Trace & Michele Parks 2226 Jacqueline Dr. 2205 Santa Maria Drive Pittsburg, CA 94565 Pittsburg, CA 94565 Antonio & Arminda Loza Valerie A. Patton 51 Maylard St. 1024 Via Ventio Way Baypoint, CA Pittsburg, CA 94565 Michael P. Lyons Ned and Judith Pehrson 2230 Mt. Whitney Dr. 2250 Concord Dr. Pittsburg, CA 94565 Pittsburg, CA 94565 John& Margery Sue McKee A. Daysi Pineda& Oscar A. Ardon 2260 Jacqueline Dr. 2209 Santa Maria Dr. Pittsburg, CA 94565 Pittsburg, CA 94565 Andrew E. Miller Cecilio & Sherry Quintana 2268 Jacqueline Dr. 2261 Jacqueline Dr. Pittsburg, CA 94565 Pittsburg, CA 94565-4470 3 John P. & Anita M. Reudy 1142 Los Palos Ct. Pittsburg, CA 94565 Dona L. Thomson& James D. Thomson Keith M. and Sheri A. Robb The James D. Thomson Trust UAD 6/17/83 222 Carmel Court 2215 Rome St. Pittsburg, CA 94565 Pittsburg, CA 94565 Garth A. & Kelli A. Robershaw Russell & Karen Thorsted 2245 Jacqueline Dr. 2261 Mt. Whitney Dr. Pittsburg, CA 94565 Pittsburg, CA 94565 **Mark and Kathy Rusch Donna Threde (see Scott Leach) 930 Rockridge Way Pittsburg, CA 94565 Patricia A. Townsend 2227 Concord Dr. Melvin Sasahara Pittsburg, CA 94565 2229 Daffodil Dr. Pittsburg, CA 94565 Chuck J. & Laura A. Vaughn 2261 Concord Dr. Michael J. & Mary M. Saverio Pittsburg, CA 94565 2250 Jacqueline Dr. Pittsburg, CA 94565 Coy and Martha M. Wilson, Sr. 2257 Mt. Whitney Dr. David M. & Annette Sherman Pittsburg, CA 94565 2230 Concord Dr. Pittsburg, CA 94565 Kevin& Margaret Wise 1148 Los Palos Ct. Kenneth L. Swasey Pittsburg, CA 94565 2232 Santa Maria Dr. Pittsburg, CA 94565 James R. Worley 1117 Los Palos Ct. Adelio & Angelita Tanyag Pittsburg, CA 94565 1107 Los Palos Ct. Pittsburg, CA 94565-4337 James L. & Maureen E. Wright 2226 Ridgeerest Way Casandra W. & Peter S. Terry Pittsburg, CA 94565 2245 Concord Dr. Pittsburg, CA 94565 Note: ** Mailing address different Andrew P. & Teresa L. Thomas than property address 2219 Concord Dr. Pittsburg, CA 94565 4 xxxxxx+++++++ tr rA t 1�� C Q. i � N ttt � L N N L v � O N m a o o cn N coo w 0 N L s g to 0 c +, JLn y cto cA o ny� �, to N p, O m O 3rd AbCCEL7AD c-, Q BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA June 24, 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 $25,000.00 Section 913 and 915.4.jTAIXE 11511��" ZiJJnings". CLAIMANT: George A. and Gloria R. Acevedo MAY 2 8 1997 AT70RNEY: Thomas--C.- Nagles COUNTY COUNSEL Law Offices of Thomas C. Nagle Date received MARTINEZ CALIF. ADDRESS: 500 Ygnacio Valley Road BY DELIVERY TO CLERK ON May 23, 1997 Suite 325 Walnut Creel-, CA 94596 BY MAIL POSTMARKED: May 22, 1997 Certified Mail I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: ICY 29, 1997 IV, BAATTCVYELOR, Clerk Ake epu11. FROM: County Counsel TO: Clerk of the Board of Supervisors INA 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: S O/y _ BY: �� 11�� 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. BOARDD ORDER. By unanimous vote of the Supervisors present ( V) 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: (p��<{� / 7 PHIL BATCHELOR, Clerk, 8yJ14JgjCDeputy 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 M 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: c/Y BY- PHIL BATCHELOR by CA L,�1 _ eputy Clerk CC: County Counsel County Administrator LAW OFFICES OF 3 THOMAS (� �. NAGLE /�7 r! 500 VGNACIO VALLEY ROAD,SUITE 325 11 MAS NAGLE WALNUT CREEK,CA 94596 A PROFESSIONAL CORPORATION (510) 7 FACSIMILE(510)933-7804 THOMAS C. NAGLE SHARON M. NAGLE May 22, 1997 RECEIVED [CLEIRWK MAY 2 3 1997 CERTIFIED MAIL/ BOARD OF SUFFRVISORS CONTRA COSTA CO. RETURN RECEIPT REQUESTED Clerk of the Board of Supervisors 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, essica Ruffin Secretary to Thomas C. Nagle Enclosures I THOMAS C. NAGLE (Bar No . 037619) ^" RECEIVED SHARON M. NAGLE (Bar No . 179124) 2 LAW OFFICE OF THOMAS C. NAGLE W 2 3 ��+ ;� 500 Ygnacio Valley Road, Suite 325 3 Walnut Creek, CA 94596 Telephone : (510) 938-2299 CLFR PERVO 90 CONT BOARCO. 4 JEFFREY D. POLISNER (Bar No. 040551) 5 BOLD, POLISNER, MADDOW, NELSON, AND JUDSON 500 Ygnacio Valley Road, Suite 325 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 I 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 Condition of approval 35 . 3 of LUP 2020-89 was intended to 15 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 I 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 22 , 1997 Jeffrey D. Polisner 13 BOLD, POLISNER, MADDOW, NELSON & JUDSON 14 LAW OFFICES OF THOMAS C. NAGLE 15 16 -- 17 By: OMAS C. NAGLE 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 Peter and Christa Gomm 1321 West Leland Rd. 2241 Concord Dr. Pittsburg, CA 94565 Pittsburg, CA 94565 Hector and Raquel Enriquez Ricardo & Elsy Y. Gonzalez 2222 Concord Dr. 1060 Westmont Ct. Pittsburg, CA 94565 Pittsburg, CA 94565 Reynato R. & Milagros Evangelista Michael J. Gonsalves 2221 Begonia Ct. 2243 Jacqueline Dr. Pittsburg, CA 94565 Pittsburg, CA 94565 **William & Edythe Fairclough Larry A. & Frances V. Gonzales P.O. Box 270 2255 Mt. Whitney Dr. Martinez, CA 94553 Pittsburg, CA 94565 Christopher& Rosa Fallon Connie & Barry Grant 2235 Carmel Court 2217 Concord Dr. Pittsburg, CA 94565 Pittsburg, CA 94565 Jeffrey & Jane Fischer Franklin M. & Dorothy Griego 1121 Los Palos Ct. 2232 Jacqueline Dr. Pittsburg, CA 94565 Pittsburg, CA 94565 H. Dwayne & Anna G. Fisher James F. Hampton 1140 Los Palos Ct. 2240 Westwood Lane Pittsburg, CA 94565 Pittsburg, CA 94565 Louise E. Foreg Frank& Jimmie Hensler 2218 Concord Dr. 2214 Mt. Whitney Dr. Pittsburg, CA 94565 Pittsburg, CA 94565 Kelly Shawn Fraga **Michael J. & Carol D. Herbst 1115 Los Palos Ct. 2207 Santa Maria Dr. Pittsburg, CA 94565 Pittsburg, CA 94565 Anthony & Jasoda K. Francis Robert & Rita Hinde 2247 Jacqueline Dr. 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 2 Tracey L. Hudson Robert, Paul & Mary Mullen 2259 Jacqueline Dr. 2213 Santa Maria Dr. Pittsburg, CA 94565 Pittsburg, CA 94565 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. "James and Leanne Noe 2265 Jacqueline Dr. 2256 Santa Maria Pittsburg, CA 94565 Pittsburg, CA 94565 Larry L. & Carol Jones Alan S. & Terry E. Park 2220 Concord Dr. 2269 Mt. Whitney Dr. Pittsburg, CA 94565 Pittsburg, CA 94565 **Joe & Brenda Kermode Ram Parkash 2150 Chestnut Dr. 2117 Sugartree Dr. Pittsburg, CA 94565 Pittsburg, CA 94565 Scott Leach& Donna Threde Trace & Michele Parks 2226 Jacqueline Dr. 2205 Santa Maria Drive Pittsburg, CA 94565 Pittsburg, CA 94565 Antonio & Arminda Loza Valerie A. Patton 51 Maylard St. 1024 Via Ventio Way Baypoint, CA Pittsburg, CA 94565 Michael P. Lyons Ned and Judith Pehrson 2230 Mt. Whitney Dr. 2250 Concord Dr. Pittsburg, CA 94565 Pittsburg, CA 94565 John& Margery Sue McKee A. Daysi Pineda& Oscar A. Ardon 2260 Jacqueline Dr. 2209 Santa Maria Dr. Pittsburg, CA 94565 Pittsburg, CA 94565 Andrew E. Miller Cecilio & Sherry Quintana 2268 Jacqueline Dr. 2261 Jacqueline Dr. Pittsburg, CA 94565 Pittsburg, CA 94565-4470 Dan & Jill Millpointer John P. & Anita M. Reudy 2255 Jacqueline Dr. 1142 Los Palos Ct. Pittsburg, CA 94565 Pittsburg, CA 94565 3 Keith M. and Sheri A. Robb Dona L. Thomson& James D. Thomson 222 Carmel Court The James D. Thomson Trust UAD 6/17/83 Pittsburg, CA 94565 2215 Rome St. Pittsburg, CA 94565 Garth A. & Kelli A. Robershaw 2245 Jacqueline Dr. Russell & Karen Thorsted Pittsburg, CA 94565 2261 Mt. Whitney Dr. Pittsburg, CA 94565 **Mark and Kathy Rusch 930 Rockridge Way Donna Threde (see Scott Leach) Pittsburg, CA 94565 Patricia A. Townsend Melvin Sasahara 2227 Concord Dr. 2229 Daffodil Dr. Pittsburg, CA 94565 Pittsburg, CA 94565 Chuck J. & Laura A. Vaughn Michael J. & Mary M. Saverio 2261 Concord Dr. 2250 Jacqueline Dr. Pittsburg, CA 94565 Pittsburg, CA 94565 Coy and Martha M. Wilson, Sr. David M. & Annette Sherman 2257 Mt. Whitney Dr. 2230 Concord Dr. Pittsburg, CA 94565 Pittsburg, CA 94565 Kevin & Margaret Wise Kenneth L. Swasey 1148 Los Palos Ct. 2232 Santa Maria Dr. Pittsburg, CA 94565 Pittsburg, CA 94565 James R. Worley Adelio & Angelita Tanyag 1117 Los Palos Ct. 1107 Los Palos Ct. Pittsburg, CA 94565 Pittsburg, CA 94565-4337 James L. & Maureen E. Wright Casandra W. & Peter S. Terry 2226 Ridgecrest Way 2245 Concord Dr. Pittsburg, CA 94565 Pittsburg, CA 94565 Andrew P. & Teresa L. Thomas Note: ** Mailing address different 2219 Concord Dr. than property address Pittsburg, CA 94565 4 �`: �' �� < .yM_ >.r� .x S.�aa _ y} rd 3 -F T y t ky�PrA'rr 3 ^,. Imo'" �� ,-�� 9 'i O � � m ��Fa ". .3 y$$� n � (p @ » f S'e D � n dYNe d5 4 .`1` �I 'ter 1 s v _ � N • n4 �� N . r J t � P r � � 4 �- � '.� �('} _ � E — y � �.ria. ,v. '� � tq.S: r T� ',-� � .;,yds ^,. "�' `� kK � � t� ii ...: '., 1 CLAIM C' BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA June 24, 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: Unknown Section 913 and 915.4. Please note all r@4x`!,,�7I•] CLAIMANT: Ambrose Recreation and Park District JUN -. 1997 ATTORNEY: Eugene B. Elliot, Esq. COUNTY COUNSEL Bertrand, Fox & Elliot Date received MARTINEZ CALIF. ADDRESS: 655 Montgomery Street BY DELIVERY TO CLERK ON June 2, 1997 Suite 1100 San Francisco, CA 94111 BY MAIL POSTMARKED: May 30, 1997 Certified Mail 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. ee H DATED: June 3, 1997 BdIL BepuATCYELOR, Clerk II. FROM: County Counsel TO: Clerk of the Board of Supervisors J 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: /N.G �i AX t �dfl/(.l�'U : 7L -U 4�� 7 d)'1 /AL, Q�!!/f�(,G�[�t�l x,e6X Lf� IIy� YI(linf�Pitn `�1.I /� a �rG`av Dated: BY: Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( \ / Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present ( This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: 1p- 7 PHIL BATCHELOR, Clerk, By\"r.- , Deputy Clerk 17 WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. * For Additional Warning See Reverse Side Of This Notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein meAtioned, 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: 2_7— 9 BY: PHIL BATCHELOR b eputy Clerk CC: County Counsel County Administrator R E C E CLAIM AGAINST COUNTY OF CONTRA COSTA JUN 2 TO: County of Contra Costa CLERK BOARD OF SUPERVISORS . CONTRA COSTA CO. Date: May 28, 1997 The undersigned hereby presents the following claim against the County of Contra Costa in accordance with the provisions of Government Code §900, et seq. 1. Name and Address of Claimant: Ambrose Recreation and Park District 3105 Willow Pass Road Bay Point, California 94565 Telephone numbers of Claimant: (415) 397-7701 (All contact should be through Claim- ant's attorney, Eugene B. Elliot) 2. Mailing address to which notices from the City are to be directed: Eugene B. Elliot, Esq. Bertrand, Fox & Elliot 655 Montgomery Street, Suite 1100 San Francisco, California 94111 3. Date and Time of Incident: August 23, 1996 Location of Incident: Ambrose Center 3105 Willow Pass Road Bay Point, California 94565 4. Description of the Incident or Accident including reason for belief that the County of Contra Costa is liable for your damages: On June 19, 1996, plaintiff Julia Passmore filed an action for personal injury, Contra Costa County Superior Court Action No. C96-02753, naming Claimant as defendant. On August 23, 1996, plaintiff served Claimant with that lawsuit. Claimant is entitled to complete indemnity for any liability arising from plaintiffs action, based on the fact that the County of Contra Costa, through the Home Health Counselling Services, Inc., now known as Family Counselling and Community Services, entered into a contract with Claimant expressly agreeing to defend and hold Claimant harmelss from any injuries or damages arising from its operations at defendant's Center. Claimant further is entitled to damages based on the County of Contra Costa's breach of the covenant of good faith and fair dealing and breach of contract in failing to respond in any way to the formal tender of defense made in this matter on or about December 20, 1996 and January 20, 1997. 5. Description of all damages that you believe you have incurred as a result of the incident: Claimants anticipate the possibility of damages arising from any liability assessed against them in plaintiffs case, as well as attorneys' fees and costs associated with the defense of this matter to date. 6. The name or names of any City employees and/or departments causing the damages that you are claiming: Home Health Counselling Services, Inc., now known as Family Counselling and Community Services. 7. The dollar amount of all damages that you are claiming (please attach all estimates that are available): Unknown I declare, under penalty of perjury, that the foregoing is true and correct and, to the best of my knowledge, I have complied with the provisions of the Government Code. Executed this 30th day of May, 1997 at San Francisco, California. BERTRAND, FOX & ELLIOT By / Eugene Elliot Attorney for Ila ant Ambrose Recreation and Park District CACn0\PM$M0M\0aim.= LAW OFFICES OF BERTRAND, FOX & ELLIOT A PR FE or Con mnoN THOMAS F.BERTRAND MONTGOMERY-WASHINGTON TOWER TELECOPIER'.(415)3974i318 GREGORY M.FOX 655 MONTGOMERY STREET,SUITE 1100 — EUGENE B.ELLIOT SAN FRANCISCO,CALIFORNIA 94111 OF COUNSEL. KIMBERLY E.COLWELL TELEPHONE'. (415)397-7701 NANCY A.HUNEKE CATHERINE M.DACRE ALLISON D.DANIELS CBOARD E��/ _ SERENA L.WELLEN [CLERK DANA L.SOONG MICHELLE E.OGAWA May 30, 1997 2 I c ; OF SUPERVISORS' COSTA CO. --------------- CERTIFIED, RETURN RECEIPT REQUESTED Clerk of the Board of Supervisors County of Contra Costa 651 Pine Street Martinez, California 94553 Re: Passmore v. Ambrose Recreation & Park District, et al. Contra Costa Superior Court Action No. C96-02753 Claim of Ambrose Recreation & Park„District v. County of Contra Costa Our File No.: WRD 3701 Dear Clerk: Enclosed please find a Claim Atainst the County of Contra Costa by the Ambrose Recreation and Park District relating to a matter involving Julia Passmore. Please note the enclosed copy of the claim as received and return the copy to me in the enclosed stamped, self- addressed envelope. Thank you for your attention to this matter. Please do not hesitate to contact me if you have any questions. Very truly yours, BERTRAND, FOX & ELLIOT By Janice E. Martin Assistant to Catherine M. Dacre /jem enclosure c:\c m\pmsmore\supmisor.clk & k \ } \f\\ � \\\» \ ; %\\ \ EP r CP rm , { 70 § $ tee g 7 ® & # a Ao \ k � k � r TIM � kw � ��