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Home My WebLink AboutMINUTES - 04281998 - C13 CLAIM t 1` IIS A p )E c UMVISnu 3 OF CONTRA COSI COUNT CA ,Tt ORNT WARD ACTION April 28, 1998 Claim Against the County, or District Governed by 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 California Government Codes, f notice of the action taken on your claim by the Board of Supervisors. (Paragraph IV below), given APR 0 3 19'_9 pursuant to Government Code Section 913 and 915.4. Please note all "Warnings". OUNPkf/1)I; U 1 L AMOUNT: $4470.28 MAHTsNEZ,CA€ R CLAIMANT: California State Automobile Association ATTORNEY: Claim #02-F397240 DATE RECEIVED: Reich, Robert D. or Margaret ADDRESS: 3390 Mt. Diablo Blvd BY DELIVERY TO CLERK ON: _April 3, 1998 Lafayette CA 94549 BY MAIL POSTMARKED: I. FRONT L Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PHIL BATCHELOR, C erk Dated: April 3, 1998 By: Deputy H. FROM: County Counsel TO: Clerk of the Board of Supervisor 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 car-not 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: I� By: Deputy County Counsel Illi. 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 ent red in its minutes for this date. f Dated: /. HIL BATCHELOR, Clerk, By , Deputy Clerk 101, 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 Post Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, a dressed to the claimant as shown above. Dated: ��,� t 91�By: PHIL BATCHELOR By putt' Clerk CC: County Counsel County Administrator .�¢WY27 'gyp { L i f )INMATE REQUEST ,Ftjfit# t3RMT#t3N >MEDICAL RETEST From '• 'Date. ... _( (DOB) Bkg �. > Check one: Hous#r Assignment: �Z'111 }'Request ..�Grievence / Appeal j l Request �•t' 'f�'- ::� '; } � t }Other -- f4 „� # :X ✓ l j1+Y � � G' �.Y. Y �y r..E y � �t f� 5+ f��J.a �. lz- .� j u+ ''� � •t' 914 d.,f E i't �". t /' �. ©ate Recd: Ree'd E3 , Routed To: '� # s { ) APPROVED ' { }DEN#ED.(state reason �T 77-3 Ph1iE:t�t �" b � ter pts: FSM�InoYeitoW:mate Date: otY to Inmate te White:To t S :;:;_ APPLICATION TO VILE LATE CLAIM BOARD C3 3CtP SOR5 StA, CALIFORNIA BC}ARD ACTION �Y.IY•illlYb�YYiWillYlliYYR AFRM 28, 19% Application to Fila Late Claim NOTICE TO APPLICANT Against the County, Routing } The copy or tl�f.�sdoc n�nt sailed to you is your ;Endorsements, and Boars! Action.) notice of the action taken on your application by {All Section References are to } the Board of Supervisors (Paragraph III, below), California Govwnuent Code.) 3 given pursuant to Govw went Cods Sections 911.8 and YYili1 Ii1.YYYIIYIYY�MYW�YYi 915.4. 'Please note the NWARNI * below. Claimants FEUX A. CIRaW zzj0 Attorneys jcHN E. c Ajm-K;mm X APR 13 1998 COUNTY COUNSEL Address: 3501 W MPOW MW SM 2 MARTINEZ CALIF. XAFAYE E CA 94549--3800 Mount s $Spp 000 By delivery to Clerk on MR3' 31, 1998 Yli•YYYI�YYYYYIYiYYYYYYe Date Raosivreds By mail, postmarked seri I�pY�lYll� 17 s er o ,Supe cors Ms un y Cau�rs Attached is a copy of the above noted Application to File Late Claim. DATEDt A 1, 1938 IFIM BAIXIC AR, Clark, By y I�OL I. VWt yunse s Mark of the o Supervisors ( ) The Board should grant this Application to File Late Claim (Section 911.6). t The Board should deny this Application to 'File Late Claim (Section 911.6). 13ATEtts I ,+ 1tICTOR W= W, County Counsel$ By�-t-�c� . - Deputy TIT. BM vo e of Supervisors prawn (Check one only) This Application is granted (Section 911.6). This Application to File Lata Claim is denied (Section 911.6). I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. DATE: �%'` � :.d�" . BATOM OR t Clark, '8y ty AR+IYgti Gov. tole $911.8) If you wish to :file a court action an this matter*, yraa ant first petition the apisrcW"te *CK rt for an Marder relieving you &M the provisions of Ocvarment Code Section 945.4 (+slain: PPOSOntstion "gUirmer nt). See 'tlovernwit Code Section 946.6. ,'Bich petition Must be filed with the court within six (6) wxM* from the date your application for lwtse to p mutt a late a+lain vu denied. You may seek the advise of my atta%ey of your► ohaive in aoezcwo Ion with this matter. If ym want to 92p!ult an at should do ago ameediatel s Clarks Y y sra ar Attached We copies of the above Application. We notifed the applicant of the Board's Lotion On this Application by mailing a copy of this doom,, and a memo thereof has batt filed and endorsed on the Boarrd'a copy of this. Claim in a000rd uve with Sectio 29703• DATED: c ; i B&TC#�ELQR, Clark, $ - - .�,.%moi '' �',,.� pePutY ty-cowisel (23 cown-Ey A nistrator TO: MOE 717, Boar Raeai.v*d copies of this Application and Beard Order. of Supervisors DATED: County Counsel, by County Administrator, BY. ..... ..._ _. .. ••,•:;Vie.. _..,+.»..,+ +.nw.:::}w+►f,.?.... •.flr...,rw .9'Y.I Instructions to ClaimantVetk of the fsoata G',rLJ t#fne Cafitornia94553 A. Claims relating to causes of action for death 'orfor n3ury to person or to personal property or ,growing crops must be presented not later than the 100th day 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. {Sec. 911.2, Govt. Code} s. 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, California 94553. C. If claim is against a district governed by the Hoard 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 end of this form. RE: Claim by )Reserved for Clerk's filing stamps FELIX ARAN SAENZ and RIGOBERTO )LEAVE TO FILE LATE CLAIM IN THE EVENT )ONE IS REQUIRED - FIRST SUPPLEMENTAL SAENZ ) (Case No. C96-03730) , RECEIVED ,Against the COUNTY OF CONTRA COSTA) or DISTRICT) KKR 3 1 (Fril In name) ) - I "ie(( t The' undersigned claimant hereby makes claim against the Cou Costa ortheabove-named 'District in the sum of $ 500, 000 . 00 and in support of this claim represents as follows: "the`damage`tea'r`�n�u�ry`oc`cu`r'?" Give exact date anaour Incorporate Claims of ,FELIX ADAN SAENZ and RIGOBERTO SAENZ. '�.`-w�iez�c��`the`�a`magas'o`r`�nju�ry'cccu`r?"�Inc�u�e`c�ty`�+nd`county��`_" Incorporate Claims of FELIX ADAN SAENZ and RIGOBERTO SAENZ `Hor`dic '`th+a�daaige`orn ur�yioccur3"{Giveifu ` etaSs,`use`ertra sheets if required) Incorporate Claims of FELIX ADAM SAENZ and RIGOBERTO SAENZ, Attachment A and First Amendment to First Amended Complaint, attached. ` hat`psrt +cud`ar`act`or�om�gson`on�`thu `t"o?`county"car+dstarct g`ar officers, : servants or employeas caused the injury or damage? Incorporate Claims of FELIX ARAN SAENZ and RIGOBERTOSAENZ Attachment A (Paragraph 4 , Page Three) and First Amendment to First Amended Com- plaint, attached. (over) --I'll,................................................................. ...................................................................-......... employees causing the damage or injury? Lance Gee, M.D. ; Bernadette Landrito, R.N. b.- What-damage moi- n�ur�es do you claim N Mal nt of injuries or damages claimed. Attach two estimates for auto damage) Incoporate Statement of Damages of Plaintiffs-Third Amended, attached; Attachment A (Paragraph 6, Page Three, attached; exemplary damages; K.--How-was the amount claimed above---c_om_p_u_t_e_d_?--- amount of any prospective injury or damage. ) Past out of pocket, future at present value, plus general damages. ------------- 8. Names and addresses of witnesses, doctors and hosg�tals. Incorporate Claims of FELIX ADAM SAENZ and RIGOBERTO $AENZ. ------------------------- mi ures you made on account I accident or injury: exp U'r; DATE ITEM AMOUNT .,I-ncorporate Statement of Damages of Plaintiffs-Third Amended, attached, r -ard-i g past Special Damages. eg xxi Govt. Code Sec. 910.2 provides: "The claim signed by the claimant SEND NOTICES TO: (Attorney) 01b some person on his behaIf Name and Address of Attorney 4= John E. Gonzales-Madrid C imant's Signature on t ir LAW OFFICES OF JOHN E. GONZALES-MADRID b half 3501 Mt. Diablo Blvd. , Suite 2 #dAress Lafayette,, California 94549-3800 Telephone No. (925) 283-7201 Telephone No. NOTICE Section 72 of the Penal Code provides: 'Every person who, with intent to defraud, j>resents for all<wance or for payment toany state board or officer, or, to any county, town, city district, ward or village board or officer, authorized to alloworpay the same if genuine, any false or fraudulent claim, bill, account# voucher, or<writing, is guilty of a felony. " ............. ..... ...... ........ ... ...... 111.1 _ _ ....... ......... ......... ......... ............. ...... ........ ......... ......... ......... ......... ......... ......... ......... ._._.. _. _1111.. _. ......... ......... ........ ............. . . ... ......... CLAIM OF SAENZ, Felix Adan and Rigobert,o ATTACHMENT A (Page One) LEAVE TO FILE LATE CLAIM IN THE EVENT ONE IS REQUIRED Plaintiffs presented a Claim to the Clerk of the Board of Su- pervisors, including for spoliation; On October 26, 1995, the Board of Supervisors rejected such Claim. The County of Contra Costa did not inform plaintiffs pursuant to Government, Code §911 that such Claim was defective in any manner. GOOD CAUSE FOR FILING A LATE CLAIM: PURSUANT TO GOVERNMENT CODE §911 .4 (a) (b) AND TO THE EXTENT THAT IT IS REQUIRED (since Spoliation was alleged in the previous Claim) , THIS DOCUMENT CONSTITUTES LEAVE TO PRESENT A LATE CLAIM FOR NEGLIGENT SPOLIATION, INTENTIONAL SPOLIATION AND INTENTIONAL INTER- FERENCE WITH PROSPECTIVE ECONOMIC ADVANTAGE, BASED ON THE FOLLOWING REASONS, AS PROVIDED FOR IN GOVERNMENT CODE §911. 6 (b) '(1) , i .e. Mis- take, Inadvertence, Surprise and Excusable Neglect: ', 1 . Plaintiffs discovered during the deposition of Dr. Lance Gee (employee of Defendant COUNTY OF CONTRA COSTA) on December 8 , 1997 that Dr. Gee was aware that plaintiffs hada potential cause of action against the County of Contra. Costa. (NOTICE: DECEMBER 8,,--,1,997 IS THE BEGINNING OF THE TOLLING OF THE SPO- LIATION AND INTENTIONAL INTERFERENCE WITH PROSPECTIVE ECONOMIC ADVANTAGE CAUSES OF ACTION. ) 2 . Plaintiffs were not aware until January 27, 1998 hat Dr. Gee had spoken with the County Coroner' s Office about the possibi- lity that plaintiffs might contact the County Coroner' s Office and that Dr. Gee did not inform the County Coroner of all the facts surrounding the fall of Decedent Haydee Isabel Saenz on April 24, 1995 (ie . that she hit her head on the corner of a bedside as she fell from her bed at Defendant MERRITHEW MEMORIAL HOSPITAL) . 3 . Dr. 'Gee had previously stated in his deposition of August 11, 1997 that he : a. Could not recall what he stated to plaintiffs (ie. he did not testify that plaintiffs had stated to him that they held the County of Contra Costa liable for their damages and injuries) . b. Could not recall speaking with anyone other than plaintiffs and doctors (ie. dial not relate that he spoke with members of the County Coroner' s Office) . 4 . Plaintiffs were therefore not informed by Dr. Gee of he was aware that plaintiffs had a potential cause of action against ..._._. ......... ......... ......... ......... ......... ......... ......... ......... ......... ................... _. .. _........ ......... ......... .......... .... ... . ........ ......... ....... ........... ....... .... ............ ............ CLAIM OF SAENZ, Felix Adan and Rigoberto ATTACHMENT A (Page Two) the County of Contra Costa. 5 . Plaintiffs could not allege Spoliation until all elements of the cause of action for Spoliation were known. This was not possible until : (a) December 8 1997 when plaintiffs found out for the first time that Dr. Gee knew that plaintiffs harbored' a cause of action against defendants COUNTY OF ALAMEDA and/or MERRITHEW MEMORIAL HOSPITAL (in order for plaintiffs to prove that defen- dants knew or reasonably knew that plaintiffs had a' cause of action) ; (b) January 27, 1997 when plaintiffs found out for the first time that Dr. Gee had informed members of the County Coroner' s Office that plaintiffs might contact the CountyCoroner' s Of- fice (in order for plaintiffs to prove that defendants knew or reasonably knew that plaintiffs had a cause of action) ; (c) January 27, 1997 when plaintiffs found out for the first time that Dr. Gee did not inform the County Coroner' s Office of all the facts surrounding the fall of Decedent Haydee Isabel Saenz on April 24, 1995, ie . that she hit her head on the corner of a bedside as she fell from her bed at Defendant MERRITHEW MEMORIAL HOSPITAL (in order for plaintiffs to prove that defendants intentionally interfered with prospective eco- nomic advantage) ; (d) January 27, 1997 when plaintiffs found out for the first time that had Dr. Gee informed the County Coroner' s Office of all the facts surrounding the fall of Decedent Haydee Isabel Saenz on April 24, 1995, ie. that she hit her head on the corner of a bedside as she fell from her bed at Defendant MERRITHEW MEMORIAL HOSPITAL, the County Coroner' s Office would have ordered an autopsy of the body of Decedent Haydee Isabel Saenz (in-order for plaintiffs to prove that defendants inten- tionally interfered with prospective economic advantacle) ; DEFENDANTS WILL NOT BE PREJUDICED: ADDITIONALLY, DEFENDANTS WILL NOT BE PREJUDICED IF PLAINTIFFS ARE RELIEVED FROM GOVERNMENT CODE §945 .4 BECAUSE: 1 . The trial date has not yet been re-set on this case (Case No. C96-03730) . 2 . There is sufficient time for discovery regarding the causes of action on this matter. ............................. .......................................................................................................................................................................................................... ............................................................................................................ CLAIM OF SAENZ, Felix Adan and Rigoberto ATTACHMENT A (Page Three) 3 . There is no evidence that the passage of time has in any way adversely effected the evidence. THE FOLLOWING EXPLAIN RELEVANT SECTIONS IN THE CLAIM FORM: 4 . Dr. Lance Gee was aware that Claimants possessed a potential cause of action and did not inform Claimant FELIX ADAM SAENZ of his right to have the body of Decedent HAYDEE ISABEL SAENZ autopsied and an autopsy report issued. Dr. Lance Gee did not inform the Coroner of the County of Alameda of all material facts surrounding the fall of Decedent HAYDEE ISABEL SAENZ on April 24, 1995 . As a result, the Coroner did not cause an autopsy to be performed on the body of Decedent HAYDEE ISABEL SAENZ. An autopsy was never performed on the body of Decedent HAYDEE ISABEL SAENZ. Dr. Lance was aware that the potential cause of action of Claimants was a prospective economic advan- tage, a property interest . Incorporate First Amendment to First Amended Complaint of Plaintiffs Felix Adan Saenz and Rigoberto Saenz, attached. 6 . Include : Intentional spoliation of evidence; Negligent spoli- ation of evidence; Intentional interference with prospective economic advantage . ............................................ yS 1 JOHN E. GONZALES-MADRID, Bar #139455 LAW OFFICE OF JOHN E. GONZALES-MADRID 2 3501 Mt . Diablo Boulevard, Suite 2 Lafayette, California 94549-3800 3 (510) 283-7201 . FAX (510) 283-7207 41 Attorney for Plaintiffs FELIX ADAN SAENZ and RIGOBERTO SAENZ 5 6 7 8 SVpERIOR COURT OF CALIFORNIA, COUNTY OF CONTRA COSTA 9 10 11 12 FELIX ADAN SAENZ and RIGOBERTO SAENZ, No. C 96-03730 13 Plaintiffs, STATEMENT OF DAMAGES OF 14 PLAINTIFFS - THIRD VS. AMENDED 15 COUNTY OF CONTRA COSTA, et al . , 161 171 Defendants. 18 19 Pursuant to C.C.P. §425 . 11, Plaintiffs FELIX ADAN SAENZ and 20 RIGOBERTO SAENZ hereby make the following third amended statement 211 of damages- 22 SPECIAL ,PAMAGES $206,418.59 23 Funeral expenses : ($10, 072 . 59) 24 - Mortuary in U.S. ($4, 206.00) 25 - Mortuary in El Salvador ($379 .31) 26 - Transportation ($2, 840 . 00) 27 - Church offering ($200.00) 28 - Cemetery plot ($400.00) ...........I I....................................................................................................................................... . . ........ ............... 1 - Tombstone ($206 .42) 2 - Monument ($1, 834 .86) 3 - Legal documents ($6 . 00) 4 Loss of income of decedent : ($90, 731 . 00) 5 Past : $ 2, 870 . 00 6 Future: $87, 861 . 00 7 Lost servicesofdecedent . ($105, 615.00) 8 Past: $ 7, 665.00 91 Future: $97, 950. 00 10 GENERAL DAMAGES: 250, 000 . 00 11 12 TOTAL: 456,418.59 13 Dated: March 18, 1998. 14 1 A 15 '70 t./IGONZALES-MADRID At rney for Plaintiffs 16 FE IX ADAN SAENZ 17 18 19 20 21 22 23 24 25 26 27 281 2 1111111.1.................................................................................................................................................................................. ......................................................... DECLARATION OF SERVICE 2 1, the undersigned, declare according to Code of Civil Procedure § 1013 that: 3 1 am,and was at the time of the service hereinafter mentioned, at least 18 years of age,employed in the County of Contra Costa, 4 and not a party of this action. My business address is 3501 Mt. Diablo Blvd., Suite 2, Lafayette, California 94549-3800. 5 On March 18, 1998, 1 served the within STATEMENT OF DAMAGES OF PLAINTIFFS -THIRD AMENDED (re: SAENZ v. 6 COUNTY OF CONTRA COSTA,at al.,Contra Costa County Case No.C 96-03730) on the persons [hereinafter termed"reciplenW] 7 whose names and addresses follow: 8 9 10 Richard J. Conti, Esq. CRADDICK,CANDLAND&CONTI 11 916 San Ramon Valley Blvd., Suite 260 P.O. BOX 810 12 Danville, California 94526-0810 13 14 15 SERVICE WAS ACCOMPLISHED BY: 16 X Depositing a copy of the attached papers in the United States mail in Lafayette, California, enclosed in a seated envelope, with postage fully prepaid, addressed to recipients at the above addresses. 17 _Personally delivering a copy of the attached papers to the recipients at the above-references offices. 18 —Leaving a copy of the attached papers with the clerk or person In charge of recipients' office (addresses above). 19 —By transmitting them via facsimile to the recipients at the above-referenced offices. 20 21 Executed on March 18, 1998 at Lafayette, California. I declare under penalty of perjury that the foregoing is true and correct. 22 11 23 104�4_ DEVIANT 24 25 26 27 28 SERV.3 ...........I..................... ............................... ......................................................................................................................................................I...... ...................................................... Cly , to DOCF SPLRVLRS OF COA CWTA M Y CW t3 -NMOCTIONS TOIN"r CLAM A Claj--- relating to causes of action, for death or for injury to person or to per- 3orzi property or growing crops and whic*.n accrue on or before December 31, 19879 mue, be presented not later than the 100th day after the accrual of the cause of action. Claiw 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, 19OW8, mist 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 S911.2.) B. Claim mast be filed with the Clark of the Board of Supervisors at Its office In Room 206, County Administration Building, 651 Pine Street, Martinez, CA 94553. C. if claim is against a district governed by the Board of Supervisors, rather Vuwan the County, the raw of the District should be filled in. D. If the claim Is against more than one public entity, separate claims must be filed apinst, each public entity. E. Fraj,,'. See penalty for fraudulent claimsep Penal Code Sec. 72 at the end of this =rz. * 1 0 # * # 4 0 * * a 1 4 0 0 4 # 0 0 * 0 * 0 1 # * 4 * 0 0 0 * 0 4 4 * 0 # * * * * 0 ?Z- : Clait By Reserved for Clerks filing stamp RIG OBEFUO ADM SAMZ, Natural. Son of I RECE ED HAYDEE ISABEL SAENZa Decesed 1 4 4M , 1 Against tile Qovmty Of Qontra costa OCT 2 or 111.1,100 1 1 District) coverer c co. inns (filn MrAejl The undersigned claimant hereby makes claim against the County of Contra Costa or the above-niamed District in the 9= of $ 1r000-,0O0-00 and in support of this claim represents as follows: —---------------- I. When did the damage or injury occur? (Give exact date and hour) See Attachment A. -------—--- 2. Where did the da=W or injury occur? (Include city and county) See Attachment A. 3. How did the damage or injury occur? (Give full details; use extra paper if required) See Attacbmmt A. .4. That particular act or omission on the part of county or district offioarso servants or employees crised the Injury or damage? See Attachment A. (over) ........... ...... ............... ............................... ............. 'W► At are the nares of ),mty or district officers, sei nts or employees caarin; 13 the d&=a,;e or in.JurT? See Attachment A. rrrwwM rr'rrrM.r'rrie�rrrr�rrrw'Rr�rsirrwsr�wr�.rwsrrrw�rrwrrr sa��rrr rim.slY�rr�wrrV�Ir�Yrri�.wrr�r.►w�rr . wrst daoage or injuries do you claim rresulted? (Give full extent of injuries or does claimed. Attach two estimates for wito damage. See Attach*nent A. rwrrw� rwrrr�rwrr�rrwrrr#rr rwr.rr..r+rr+rrr+��rr+r�rrr+rw.r�r�rr+r.ssrr�rsrrr.rrrrr r.. 7. How was the amo=.t claimer above (Include the estimated amount of W- praspe tine injury or damage.) See Attachment A. ,n,uw,Mr.,r,rwrr�r.rrr.rrrwsr wwrwrr ri,.,rrrr.w,r,,,rr rrrr rrwwrr r wrrr+rrr rr�.rrrr r,rr.n,�rrrw.rrsr.r�rr�rrrrr• E. Names an,.' ad!resses of witnesses, d--:Icrs an! hosp!tals- See Attachment A. w ---------------------------w rrr.-r.rr-rrsrrrsar-rr ------W----r sws----------- • rr;S. the exr e'+r r.�L T.w yvJ irri ..e V.1 ea this ab iwe..a V of •n„}Jry i �,r• Yri�'it,.,{ .50 _,( +r+rYw�i a See Attachment A. G v. Code Sem. 910.2 provides: caaic =.)st be signed by the claimant ws ,r.�,�w., 1i~rr►w� a..i ('At t'zrne•," Cr tn' .s3v:t-e e.s n on his. behalf." 1 lair .t S .�a�ur`e In Propria Persona. 1761 Eswnd Avenue :' ,4ss Richmond, California 94801 ?e'e2`hone ho. Te/ephone ?.o, (510) 284-9898 � iete • � r � � e • f ! f � � � NOTICE Section 72 of the Feral Cade providest "Every person. v,-.hot with intent to defraud, presents for allowance or for payment to any rate bird or officer, or to any county, city or district board ar officer, authorized to allow or pay the $&-A if genuine, any Mgt or fraudulent claix~, bili, acco:rrt, voucher, or writing, is punishable either by imprisonment in the coyhty Jail for a period of not more than ane ysar, by a fire of not exceeding one tho;tsar:d (::,00"x, or by both au:'.h imrriso: ,e�t and fate, or by mpriso�r�ewt in the state pris ::,, by a fine of not ex ee'ing ten thoasand dolla.-^s ($10,000, or by both s::r , it ris3 L�-.t am fine. ....................................................................................................................................... CLAIM OF RIGOBERTO ADAN SAENZ, Attachment A Natural Son of HAYDEE ISABEL SAENZ, Deceased CLAIM FOR ONE-MILLION DOLLARS ($1, 000, 000 . 00) 1 . April 24, 1995 (approximately 3 :00 p.m. ) . 2. Merrithew Memorial Hospital, Martinez, Contra Costa County. 3 . Negligent Ue, below the standard of care) treatment by CONTRA COSTA COUNTY, including, but not limited to, actions and omissions of employees and other agents of CONTRA COSTA COUNTY which caused the fall of HAYDEE ISABEL SAENZ (DOB: 10/20/49) from her bed on 04/24/95 . 4 . Failure of employees of CONTRA COSTA COUNTY and its agents to properly attend to and treat HAYDEE ISABEL SAENZ, including, but not limited to, failure to raise the left side of the bed railing of the bed in which HAYDEE ISABEL SAENZ was laying, causing her to fall from her bed and sustain trauma to her mind and body, includ- ing her head. As a proximate and reasonably foreseeable result of this incident, including the negligence of COUNTY OF ALAMEDA, HAYDEE ISABEL SAENZ.died on 04/26/95 . Failure to train and/or su- pervise. 5. One or more of persons listed under No. 8 (a) and (b) , below. 6 . Wrongful death (including loss of financial support, contri- butions, services, society, comfort, maternal care and protection, training and advice, funeral and burial expenses, prospective gifts) , emotional distress, spoliation of evidence. 7. Items in No. 9, below, including for injuries and damages indicated in No. 6, above. 8 . a. Merrithew Memorial Hospital (Martinez, CA) b. Lance Gee, M.D. ; Paul Kwok, M.D. ; Mark T. Wills, M.D. ; Robert T. Knight, M.D. ; Polly Karlin, P.T. ; Gloria Mixon, O.T.R. (#251) , and unnamed others. Discovery is continu- ing; c. Unknown female patient (Hispanic, Salvadorean, from the Fairfield, CA area, in her 701s) . 9. Date Item Amunt 04/95 Funeral costs (in U.S. ) $4, 000. 00 est. (U.S. ) * 04/95 Funeral costs (in El Sal. ) $6, 000.00 est. (E.S. ) * 04/95 Travel (to and from E.S. ) $3, 100.00 (U.S. ) * 04/95 Other assoc. burial costs $3, 000. 00 est . (U.S. ) * currency ............... ............................. .............. ....................................................................................................................................................................................................... Clai't U: som OF SOPERMSORS OF COh7PA COSTA COM"."LY 4� *T ' MUCTIONS TO MAMN A. Clai=s 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 Deoem"ber 31, 1981, must be presented not later than the 100th day after the accrualof 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 v&ich accrue on or after January 1, 2988, Vust be presented not later than six months after the accrual of the cause of action. Claims relating to any other cause of action =st be presented not later than one year after the accrual of the cause of action. (Govt. Code 5911-2.) B. Claims must be filed with the Mork of the Board of Supervisors at Its office in Room 1069 County Administration Building, 651 Pine Streets Marti z, 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 apir-st, eacch Viblic entity. E. Fra-id. See penalty for fraudulent claims Penal Code Sec. 72 at the end of this RE': Claim By Reserved for Clerk's filing stamp FELIX ARAN SAM, legal Husband of WXDM ISABEL SAENZ, Deceased RECEIVED. ttiv" 0 t'VV40(_ Agains. the County 0? MEER Costa OCT 2 4 PA or District) SUPIRMORS 12M MWA CO. 7111 In name/' E the undersign.ed claimant hereby makes claim against the County of Contra Costa or the above-nazed District in the s= of $ 1,000,000-00 and in support Of this claim represents as follows: 1. When did the da=age or injury occur? (Give exact date and hour) See Attachment A. Mwwa.-------------- 2. Where did the damage or injury occur? (Include city and county) See Attachment A. 3. Now did the damage or injury occur? (Give full details; use extra paper if required) See Attachment A. 4. Vbat particular act or mission an the part of county or district officerst servants or e=ployeex caused the Injury Or dLVAP? See Attachment A. (over) ..............I.................I.......................................................................................................................................................... U%z t a:-e the nam-es of cvnty or district officers, se: rets or e=.p!6oyees causing the dazA;e or inA=7? V See Attachment A. —----—---- -----i Vhat da:-Ase or injuries do yoj claim resulted? (Give full extent of injuries or domes claimed. Attach two estizates for auto da=ge. See Attachment A. 7. How was the awrit claimed above co=P-.,teV {Include the estimated amunt of ar.-. prospective injury or de.) See Attachment A. 8. Names Lnw a,114--esses of witnesses, dr^Vcrs an! hos;'*tals. See Attachment A. -------------- -------- --------------- ------------- Llist the y-,-.; za�e on a='xnt of this a:�cidenft Or inix-y: ITEM See Attachment A. Gcv. Code Sez. 910.2 provides: a i' cla.'= =.-st be s'gned by the clalman t 4 10 t Cr -e :)e-s= ol his behalf." ant At'—�"-tss Cf In Propria Piersona. (Clair 'OFt's glFature; 1761 Esmond Avenue U!Fess) Richmond, California 94801 Telephone No. (510) 284-9898 N 0 T I C E Se-.tion 72 of the Penal Code provides: "Every person ufto, with intent to defraud, presents for allo6lmoe or for pay=ent to any state board or offloer, Or to My county, city or district board or officer, &athorizezd to a.11&4 or pay the same If ge:nuirwt any Mae or fraudulent clait, bill, atevr.t., vouz-her, or witing, Is piLnishAblo tither by JMrisonment in the eoxT*.y jail for a period of not awe than one year, by a fine ofnot oxfteding C-Ole t'housan! ($:jO'XW)t or by both su:h It-pri3znzwAt., and fine, or by Inpriswr*nt in the state pris--.., by a fir.* of not ex^.ee!!rA; ten th**js&:id doila.-S ($10,000, or by 1--rlsz-.-Jent an! fine. .................................................................. ...................................................... ...................... CLAIM OF FELIX ADAN SAENZ, Attachment A Legal Husband of HAYDEE ISABEL SAENZ, Deceased CLAIM FOR ONE-MILLION DOLLARS ($1, 000, 000 .00) 1 . April 24, 1995 (approximately 3 :00 p.m. ) . 2 . Merrithew Memorial Hospital, Martinez, Contra Costa County. 3 . Negligent (ie. below the standard of care) treatment by CONTRA COSTA COUNTY, including, but not limited to, actions and 'omissions of employees and other agents of CONTRA COSTA COUNTY which caused the fall of HAYDEE ISABEL SAENZ (DOB: 10/20/49) from her bed on 04/24/95. 4 . Failure of employees of CONTRA COSTA COUNTY and its agents to properly attend to and treat HAYDEE ISABEL SAENZ, including, but not limited to, failure to raise the left side of the bed railing of the bed in which HAYDEE ISABEL SAENZ was laying, causing her to fall from her bed and sustain trauma to her mind and body, includ- ing her head. As a proximate and reasonably foreseeable result of this incident, including the negligence of COUNTY OF ALAMEDA, HAYDEE ISABEL SAENZ died on 04/26/95 . Failure to train and/or su- pervise. 5 . One or more of persons listed under No. 8 (a) and (b) , below. 6 . Wrongful death (including loss of financial support, contri- butions, services, society, comfort, companionship, consortium, care and protection, training and advice, funeral and burial ex- penses, prospective gifts) , emotional distress, spoliation of evi- dence 7. Items in No. 9, below, including for injuries and damages indicated in No. 6, above. 8 . a. Merrithew Memorial Hospital (Martinez, CA) b. Lance Gee, M.D. ; Paul Kwok, M.D. ; Mark T. Wills, M.D. ; Robert T. Knight, M.D. ; Polly Karlin, P.T. ; Gloria Mixon, O.T.R. (#251) , and unnamed others. Discovery is continu- ing; c. Unknown female patient (Hispanic Salvadorean, from the Fairfield, CA area, in her 701s) . 9. DA_ itemAmount 04/55 Funeral costs (in U.S. ) $4, 000.00 est . (U.S. ) * 04/55 Funeral casts (in El Sal. ) $6, 000.00 est. M.S. ) * 04/95 Travel (to and from E.S. ) $3, 100.00 (U.S. ) * 04/95 Other assoc. burial costs $3, 000.00 est. (U.S. ) * * currency . ..........................................................._........._.._........._._...._............................................................................................................... . .. ................................................................................................................................................................................................................................................... .. ......._. ....._....... ......... ......... ......... ...._ .. _ _ ___ 1 JOHN E. GONZALES-MADRID, Bar No. 139455 LAW OFFICE OF JOHN E. GONZALES-MADRID 2 3501 Mt . Diablo Boulevard, Suite 2 Lafayette, California 94549-8300 3 (925) 283-7201 .. FAX: (925) 283-7207 4 Attorney for Plaintiffs, FELIX ADAN SAENZ and RIGOBERTO SAENZ 5 6 7 8 SUPERIOR COURT OF CALIFORNIA, COUNTY OF CONTRA COSTA 9 10 11 12 FELIX ARAN SAENZ and RIGOBERTO ) SAENZ, ) No. C 96-03730 13 ) Plaintiffs, ) FIRST AMENDMENT TO FIRST 14 ) AMENDED COMPLAINT {SECONDr VS . ) THIRD AND FOURTH CAUSES 15 ) OF ACTION COUNTY OF CONTRA COSTA, et al . , ) 16 ) NEGLIGENT SPOLIATION, Defendants. ) INTENTIONAL SPOLIATION, 17 ) INTENTIONAL INTERFERENCE WITH PROSPECTIVE ECONOMIC 18 ) ADVANTAGE 19 20 Plaintiffs FELIX ADAN SAENZ and RIGOBERTO SAENZ hereby plead 21 this First Amendment to the First Amended Complaint, filed on 22 January 7, 1997, the Complaint having been filed on August 27, 23 1996 . Plaintiffs complied with the Claim Statute by filing for 24 leave to file a late Claim, such Claim having been ''denied by the 25 Board of Supervisors . 26 SECOND CAUSE OF ACTION 27 1 . Plaintiffs FELIX ADAN SAENZ and RIGOBERTO SAENZ hereby in- 281 corporate the First Cause of Action of the First Amended Complaint . 1 2 . Plaintiff FELIX ADAN SAENZ is the surviving spouse of De- 2 cedent HAYDEE ISABEL SAENZ. Plaintiff RIGOBERTO SAENZ is the sur- 3 viving son of Decedent HAYDEE ISABEL SAENZ. 4 3 . On and after April 26, 1995, defendants, and each of them 5 (and their employees and agents) , knew that Plaintiff FELIX ADAN 6 SAENZ was the surviving spouse of Decedent HAYDEE ISABEL SAENZ and 7 that Plaintiff RIGOBERTO SAENZ was the surviving son of Decedent 8 HAYDEE ISABEL SAENZ. 9 4 . On and after April 26, 1995, the purpose of an autopsy was 10 to determine the cause of death of a person. 11 5 . ' On April 26, 1995, defendants, and each of them (and their 12 employees and agents) , knew or reasonably should have known that 13 the purpose of an autopsy is to determine the cause of death of a 14 person. On April 26, 1995, defendants, and each of them (and their 15 employees and agents) , knew or reasonably should have known that an 16 autopsy report is made when an autopsy is performed. 17 6 . On and about April 26, 1995, defendants, and each of them, 181 and their employees and agents, knew or reasonably should have 19 known that, pursuant to California State law, the cause of every 20 death, including of the death of Decedent HAYDEE ISABEL SAENZ 21 (hereinafter, 'Decedent") , was to be known or otherwise determined. 22 7 . On April 26, 1995, pursuant to California 'State Records 23 and Recording Laws (2ed. , Vital Statistics §7) , the cause of every 24 death, including the death of Decedent, was to be known or other- 25 wise determined. 26 8 . ' On April 26, 1995, defendants, and each of them, and their 27 employees and agents, knew or reasonably should have known that, 28 pursuant to Health and Safety Code §7100, the surviving spouse has 2 . ..................................................................................................................................................... 1 the right to control disposition of a decedent' s remains. 2 9 . On and about April 26, 1995, defendants, and each of them, 3 and their employees and agents, knew or reasonably should have 4 known that, pursuant to Health and Safety Code 57100, FELIX ADAN 5 SAENZ had the right to control disposition of the remains of Dece- 6 dent HAYDEE ISABEL SAENZ. 7 10 On April 26, 1995, the Coroner of the County of Contra 8 Costa had the duty, pursuant to Government Code §27491, to inquire 9 into and determine the circumstances, manner and cause of all vio- 10 lent, sudden or unusual deaths, deaths known or suspected as re- 11 sulting ' in whole or in part from or related to accident or injury 12 either old or recent (hereinafter, "Coroner' s duty") . 13 11 On and about April 26, 1995, defendants, and each of them 14 (and their employees and agents) , knew or reasonably should have 15 known of the Coroner' s duty as indicated in Paragraph 9 above. 16 12 . On and after April 26, 1995, defendants, and each of them 17 (and their employees and agents) , knew that plaintiffs believed 18 that the fall of Decedent on April 24, 1995 (hereinafter, "the 19 fall") was the proximate and/or legal cause of her death. 20 13 . On and after April 26, 1995, defendants, and each of 21 them, and their employees and agents, knew or should have known 22 that if they had informed Plaintiff FELIX ADAN SAENZ of his right 23 to have an autopsy performed on the body of Decedent, that there 24 was a substantial likelihood that Plaintiff FELIX ADAN SAENZ would 25 have requested that an autopsy be performed and that an autopsy 26 report be written. 27 14 . Plaintiff FELIX ADAN SAENZ would have requested that an 28 autopsy be performed on the body of Decedent had defendants in- 3 _.. ... ................................ ' ter bus 1 formed him of his right to have one done. 2 15 . On and after April 26, 1995, defendants, and each of them 3 (and their employees and agents) , knew or reasonably should have 4 known that if they had informed Plaintiff FELIX ARAN SAENZ of their 5 need for his consent for them to perform an autopsy on the body of 6 Decedent (and his right to refuse to give consent for an autopsy) , 7 that there was a substantial likelihood that Plaintiff FELIX ADAN 8 SAENZ would given such consent . 9 16 On and after April 26, 1995, defendants, and each of them 10 (and their employees and agents) , knew or reasonably should have 11 known that an autopsy report might constitute evidence in potential 12 litigation involving the plaintiffs. 13 17 Plaintiff FELIX ADAN SAENZ would have requested that an 14 autopsy be performed on the body of Decedent had defendants in- 15 formed him that he had the right to refuse to consent to an autop- 16 sy on the body of Decedent . 17 18 On and after April 26, 1995, defendants, and each of them 18 (and their employees and agents) , knew that plaintiffs believed 19 that the fall of Decedent from her bed while under the care of de- 20 fendants (hereinafter, "the fall") , and each of them, was caused by 21 the actions and/or omissions of defendants, and each of them, and 22 their employees and agents . 23 19 On and, after April 26, 1995, defendants, and each of them 24 (and their employees and agents) , knew that plaintiffs believed 25 that the fall caused, or in some way contributed to, the death of 26 Decedent . 27 20 . On and after April 26, 1995, plaintiffs possessed a po- 28 tential legal cause of action against defendants, and each of them 4 1 (and their employees and agents) , due to the fall (hereinafter, 2 "cause of action") and that such potential legal cause of action 3 was a property right or interest . 4 21 On and after April 26, 1995, defendants, and each of them 5 (and their employees and agents) , knew or reasonably should have 6 known that plaintiffs possessed a potential legal cause of action 7 against defendants, and each of them, and their employees and 8 agents, 'due to the fall. 9 22 . On and after April 26, 1995, defendants, and each of them 10 (and their employees and agents) that plaintiffs, cause of action 11 was a property right or interest . 12 23 On and about April 26, 1995, defendants, and each of 13 them, and their employees and agents, had the duty to inform 14 Plaintiff FELIX ARAN SAENZ of his right to have an'' autopsy per- 15 formed on the body of Decedent (and/or had the duty to request 16 permission from Plaintiff FELIX ADAN SAENZ for an autopsy to be 17 performed on the body of Decedent) . Such right of Plaintiff FELIX 18 ADAN SAENZ to have an autopsy performed on the body of Decedent was 19 a property and/or quasi-property interest of Plaintiff FELIX ADAN 20 SAENZ. 21 24 . On and after April 26, 1995, defendants, and each of them 22 (and to 'their employees and agents) reasonably knew or reasonably 23 should have known that the failure to inform Plaintiff FELIX ADAN 24 SAENZ of his right to have an autopsy performed on the body of De- 25 cedent HAYDEE ISABEL SAENZ (and/or of defendants, duty to request 26 permission from Plaintiff FELIX ADAN SAENZ for an autopsy to be 27 performed on the body of Decedent) would result in no autopsy and 28 autopsy report and/or would substantially increase the likelihood 5 ........................................................................................................................................................................... ......................................... 1 that no autopsy would be performed on the body of Decedent and that 2 there would therefore be no evidence, the autopsy report. 3 25 . On and about April 26, 1995, defendants, and each of them 4 (and their employees and agents) , did not inform Plaintiff FELIX 5 ADAN SAENZ of his right to have an autopsy performed on Decedent. 6 Failure of such defendants to so inform Plaintiff FELIX ADAN SAENZ 7 was done with disregard of the probable serious harm to plaintiffs. 8 By not so informing Plaintiff FELIX ADAN SAENZ, defendants, and 9 each of them (and their employees and agents) , failed to act with 10 reasonable care. Such failure to inform Plaintiff FELIX ADAN 11 SAENZ, of defendants and each of them (and their employees and 12 agents) , constituted constructive negligent destruction, damage, 13 loss and/or concealment of evidence, the autopsy report . 14 26 . On and about April 26, 1995, defendants, and each of them 15 (and their employees and agents) , did not inform Plaintiff FELIX 16 ADAN SAENZ that they had the obligation to obtain his consent to 17 have an autopsy performed on Decedent . Failure of such defendants 18 to inform Plaintiff FELIX ADAN SAENZ was done with disregard of the 19 probable serious harm to plaintiffs. 20 27 . On and about April 26, 1995, defendants, and each of 21 them, and their employees and agents, had the duty to inform the 22 Coroner of the County of Contra Costa if the death of Decedent 23 HAYDEE ISABEL SAENZ was violent, sudden or unusual (or if such 24 death was known or suspected as resulting in whole or in part from 25 or related to an accident or injury either old or recent) . 26 28 . On and about April 26, 1995, defendants, and each of them 27 (and their employees and agents) , knew or reasonably should have 28 known that the death of Decedent was violent, sudden and/or un- 6 .. .................................................................. ....... ................................................................................................ ....................................................... . . ................ ................................................................................................................................................................................................ ......................................................................... 1 usual . 2 29. On and after April 26, 1995, defendants, and each of them 3 (and their employees and agents) , knew or reasonably should have 4 known (and/or suspected or reasonably should have suspected) that 5 the death of Decedent resulted in whole or in part from or related 6 to an accident or injury either old or recent. 7 30 . On and after April 26, 1995, it was reasonably foresee- 8 able to defendants, and each of them (and to their employees and 9 agents) , that the failure to inform the Coroner of the County of 10 Contra Costa that the death of Decedent was violent, sudden or un- 11 usual (or that such death was known or suspected as resulting in 12 whole or in part from or related to an accident or injury either 13 old or recent) would substantially increase the likelihood that no 14 autopsy of the body of Decedent would be performed. 15 31 . On and about April 26, 1995, defendants, and each of them 16 (and their employees and agents) , did not inform the Coroner of the 17 County of Contra Costa that the death of Decedent was violent, sud- 18 den or unusual (or that such death was known or suspected as re- 19 sulting in whole or in part from or related to an accident or in- 20 jury either old or recent) . The failure of such defendants to so 211 inform the Coroner was done in order to prevent Plaintiff FELIX 22 ADAN SAENZ from being informed of his right to consent to an autop- 23 sy or to otherwise have an autopsy performed on the body of Dece- 24 dent . Such failure of defendants was done with disregard of the 25 probable serious harm to plaintiffs . 26 32 . The death of Decedent on April 26, 1995, was violent and/ 27 or sudden and/or unusual . The death of Decedent on April 26, 1995 28 resulted in whole or in part from, or was related to, an accident 7 ........................................................................ .................................................................................... ... ......................... ''I'll..,............................................................................................................................................................................................................................. .............................................I................. 1 or injury sustained on April 24, 1995 when she fell from her bed. 2 33 . No autopsy was performed on the body of Decedent . 3 34 . Such failure to have an autopsy performed was caused by 4 the actions and/or omissions of defendants, and each of them, in- 5 cluding of their employees or other agents . 6 35 . Such failure to inform the County Coroner that the death 7 of Decedent was violent, sudden or unusual (or that such death was 8 known or suspected as resulting in whole or in part from or related 9 to an accident or injury either old or recent) was caused by the 10 actions and/or omissions of defendants, and each of them, including 11 of their employees or other agents . 12 36 . As a result of such actions and/or omissions of defen- 13 dants, and of each of them, plaintiffs, cause of action against 14 defendants, a property right or interest of plaintiffs, was irre- 15 parably, adversely and substantially harmed because of the loss of 16 evidence : the cause of death of the Decedent, including the rela- 17 tionship of the fall and resulting trauma to the death of Decedent . 18 37 . Such failure to autopsy the body of Decedent resulted in 19 a substantial and adverse impact on plaintiffs, case, an interfer- 20 ence of plaintiffs, prospective economic advantage. 21 AS TO THIS SECOND CAUSE OF ACTION, PLAINTIFFS PRAY for judg- 22 ment of suit; for such relief as is fair, just and equitable; and 23 for compensatory damages according to proof . 24 THIRD CAUSE OF ACTION 25 38. Plaintiffs FELIX ARAN SAENZ and RIGOBERTO SAENZ hereby 26 incorporate the First Cause of Action of the First Amended Com- 27 plaint and Paragraphs 2-24, 27-30, 32-33, 36-37 of the Second Cause 28 of Action of the First Amendment to the First Amended Complaint, 8 ........................................................................I..................................I....... ...... ............................................................................................................................................. G" 1 above . 2 39. Can and about April 26, 1995, defendants, and each of them 3 (and their employees and agents) , with specific intent not to in- 4 form, did not inform Plaintiff FELIX ADAN SAENZ of his right to 5 have an autopsy performed on Decedent. Failure of such defendants 6 to so inform Plaintiff FELIX ADAN SAENZ was done with intent and 7 with disregard of the probable serious harm to plaintiffs. By not 8 so informing Plaintiff FELIX ARAN SAENZ, defendants, and each of 9 them (and their employees and agents) , failed to act with reasona- 10 ble care. Such failure to inform Plaintiff FELIX ADAN SAENZ, of 11 defendants and each of them (and their employees and agents) con- 12 stituted constructive negligent destruction, damage, loss and/or 13 concealment of evidence, the autopsy report . 14 40 . On and about April 26, 1995, defendants, and each of them 15 (and their employees and agents) , with specific intent not to in- 16 form, did not inform Plaintiff FELIX ADAN SAENZ that they had the 17 obligation to obtain his consent to have an autopsy performed on 18 Decedent . Failure of such defendants to inform Plaintiff FELIX 19 ADAN SAENZ was done with specific intent and with disregard of the 20 probable serious harm to plaintiffs . 21 41. On and about April 26, 1995, defendants, and each of them 22 (and their employees and agents) , with specific intent not to in- 23 form did not inform the Coroner of the County of Contra Costa that 24 the death of Decedent was violent, sudden or unusual (or that such 25 death was known or suspected as resulting in whole or in part from 26 or related to an accident or injury either old or recent) . The 27 failureof such defendants to so inform the Coroner was done in 28 order to prevent Plaintiff FELIX ADAN SAENZ from being informed of 9 ........................................... ............................ 1 his right to consent to an autopsy or to otherwise have an autopsy 2 performed on the body of Decedent . Such failure of defendants was 3 done with specific intent and with disregard of the probable seri- 4 ous harm to plaintiffs . 5 42 . Such failure to have an autopsy performed was caused by 6 the actions and/or omissions of defendants, and each of them (in- 7 cluding of their employees or other agents) which were committed 8 with specific intent to cause the intended result . 9 43 . Such failure to inform the County Coroner that the death 10 of Decedent was violent, sudden or unusual (or that such death was 11 known or suspected as resulting in whole or in part from or related 12 to an accident or injury either old or recent) was caused by the 13 actions and/or omissions of defendants, and each of them (including 14 of their employees or other agents) which were committed with spe- 15 cific intent to cause the intended result. 16 AS TO THIS THIRD CAUSE OF ACTION, PLAINTIFFS PRAY for judg- 17 ment of suit; for such relief as is fair, just and equitable; 18 for compensatory damages according to proof; and for exemplary 19 damages as the Court may allow. 20 FOURTH CAUSE OF ACTION 21 44 . Plaintiffs FELIX ADAN SAENZ and RIGOBERTO SAENZ hereby 22 incorporate Paragraphs 38-41 of the Third Cause of Action of the 23 First Amendment to the First Amended Complaint, above. 24 45 . Such failure to have an autopsy performed was caused by 25 the actions and/or omissions of defendants, and each of them (in- 26 cluding of their employees or other agents) which were committed 27 with specific intent to cause the intended result and constituted 281 intentional interference with prospective economic advantage. 10 .......................................................... ............................................................................................................. ......................................................... 1 46 Such failure to inform the County Coroner that the death 2 of Decedent was 'violent, sudden or unusual (or that such death was 3 known or suspected as resulting in whole or in part from or related 4 to an accident or injury either old or recent) was 'caused by the 5 actions and/or emissions of defendants, and each of them (including 6 of their employees or other agents) which were committed with spe- 7 cific intent to cause the intended result and constituted inten- 8 tional interference with prospective economic advantage. 9 AS TO THIS FOURTH CAUSE OF ACTION, PLAINTIFFS PRAY for judg- 10 ment of suit; for such relief as is fair, just and equitable; 11 for compensatory damages according to proof; and for exemplary 12 damages and the Court mauy allow. 13 Dated. March 28, 1998 . 14 John E. Gonzales-Madrid 15 Attorney for Plaintiffs FELIX ADAN SAENZ and 16 RIGOBERTO SAENZ 17 18 19 20 21 22 23 24 25 26 27 28 11 _. _...... ._..._... ......... ......... ......... .._...... ......... ......... ......... ......... ......... ......... .._........... .._...... ......... ...... ......... ......... ......... ......... ........._.. ......... ......... ......... CLAIM - AMENDED �. BOARD OF UP'ER SUBS CSF CONTRA COSTA CO=s CA 1FUBNIA l BARD ACTtOt 8. 1 Claim Against the County, or District Governed by } the Board of Supervisors, Routing Endorsements, } NOTICE TO CLAIMANT and Board Action. All Section references are to } The copy of this document railed to you is your California Government Codes. } notice of the action taken on your claim by the Board of Supervisors. (Paragraph IV below), given pursuant to Government Code Section 913 and 915.4. Please note all "Warnings". AMOUNT: Exceeds $25,000 CLAIMANT: Boyce Eric Shelton ATTORNEY: Eduardo A. Gonzalez DATE RECEIVED: '.ouN Y CgOU-48E. MARTiNEZ OAUF. ADDRESS: Latham Square Building BY DELIVERY TO CLERK ON: April 2, 1998 1611 Telegraph Avenue Ste 604 Oakland CA 94612 BY MAIL POSTMARKED: L FROM: Clerk of the Beard of Supervisors TO. ,County Counsel Attached is a copy of the above-noted claim. PHIL BATCHEL Clerk Dated: April 2, 1998 By: Deputy H. FROM County Counsel TO: Clerk of the Board of Su ervisors ( %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: j�fBy:_ & Deputy County Counsel IIL RRONL 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 e red in its minutes for this date. Dated: ' ��. ,zw,,. YHIL BATCHELOR, Clerk, By , 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 MAUJNG 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, dressed to the claimant as shown above. Dated: By: PHIL BATCHELOR By uty Clerk CC: County Counsel County Administrator EDUARDO A. GON'ZALEZ ATTORNEY AT LAW LATHAM SQUARE BUILDING 1611 TELEGRAPH AVENUE,SUITE 604 OAKLAND,CA 94612 TELEPHONE FACSIMILE (5 1 d)839-7733 (510)839-7736 April 1, 1998 RECEIVED VIA HAND DELIVERY *R — 2 W8 COUNTY OF CONTRA COSTA /:2 5- ,a.A11' OFFICE OF THE CLERK WRK BOARD OF SUPERV#SORS 651 PINE STREET CONTRA COSTA CO. MARTINEZ CA 94553 Re CLAIM OF BOYCE ERIC SHELTON Claim against the County of Contra Costa Sheriff Department Injury dated September 19, 1997 CLAIM FILED ON MARCH 18, 1998 Dear Sir or Madam: Please take notice that the Claim of Boyce Eric Shelton, referenced above, and filed with the Clerk of the Board of Supervisors on March 18, 1998 (copy of which is attached hereto) is amended in the following: Claimant's claim is for damages is in an amount which exceeds the jurisdictional .limit of the Superior Court, i.e. , exceeds twenty five thousand dollars. Claimant's prospective medical expenses and earnings impairment or wage loss are continuing. Should you have any questions, please contact the undersigned, counsel for claimant Shelton. Thank you. V truly yo s, � {t .. -�- Eduardo A Gonzalez)/ EAG/se cc: Mr. Shelton Ms. Andrea W. Cassidy, Deputy County Counsel EDUARDO A.GONZALEZ ATTORNEY AT LAW LATHAM SQUARE BUILDING 1611 TELEGRAPH AVENUE,SUITE 604 OAKLAND,CA 94612 7E1..EPHONE FACSIO E (310)839-7733 (5 10)939-7736 March 18, 1998 RECEIVE � Via Hand`deliu+ Cody Of Contra, Office ofthe Cleric EWWRI s 730 Loa Juntas Street Martinez,CA 9494533 CLERK a CONTA or Re: BOYCE EWC SBZLTON Claim age the Comity of Contin Costar,Sheriff Deportment Injury date September 19, 1997 Dear Sir or Madan; This notice constitues a NOTICE OF CLAIM AGAINST PUBI.1C ENTITY(pursuant to California Governomm Code sections 910 et seq.)ofelaima t BOYCE ERIC SHMTON the County of Contra Costa„SheriT 9 Department. The address for Claimant Shelton is in care of his attorney: EDUARDO A GONZALE7, Attorney at Law, 1611 Tolegrvph Avenue,Suite 604,OsIdand,CA'%612 'telephone number(510)939-7733; such address is for purposes of this claim. On September 18, 1'947, at the Contra Costa Detention Facility,Martinez CA,claimant sustained personal injuries and resultant medical exponses,loss of income and impaired owing capacity as a direct result of on unprovoked and negligent attack byxd=wn Contra Costa Cly Sherif deputies. Said attack resulted from the improper tri supervision,control and wroq&acts of said w known Sheriffdeputies. At all times mention herein,the Contra,Costa Sheriff's D3epartm at failed to properly supervise,train said unkown Sheriff deputies which created areasonably foreseeable risk ofthe injuries sustained by claimant Sheltonheroin. To date,claimant has incurred continuing medical expenses, impaired earning capacity and or wage hiss. Should you have any questions about this claim,please contact me. r' ery trust ours,,, Edusrdo A. GonzWoz,Esq., EA se cc: Mr. Shelton CLAIM E 5' BOARD OF SUPERVISORS OF CONTRA COSTA COONTY, CALIFORNIA Claim Against the County, or District governed by) BOARD AC. CTION the Board of Supervisors, Routing Endorsements, ) N0710E_TO CLAIMANT APRIL 28, 1998 and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. action taken on your claim by the Board of Superviscrs ragraph IV below), given pursuant to Government Code Amount: MADELINE WOLD Section 913 and 915.4. Please note all "Warnings". 1"8 CLAIMANT: 5 1 ' 2 ��,,T'YcoUNSEL .:;,FJINEZ CALM. ATTORNEY: Date received ADDRESS: 2025 WESTOVER DRIVE BY DELIVERY TO CLERK ON MARCH 30, 1998_ PLEASANT HILL CA 94523 BY MAIL POSTMARKED: I. FROM: Clerk of the Board of Supervisors 70: County Counsel Attached is a copy of the above-noted claim. QQyyiL BgATCHELOR, Clerk `'�f= , DATED: MARCH 30, 1998 BT: ptputy 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 920.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( } Clain, 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 I11. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 912.3). 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 theBoard` Order entered in its minutes for this date. Dated: PHIL BATCHELOR, Clerk, 8 y Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the datt 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 choict 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: f'/ BY: PHIL BATCHELOR by Deputy Clerk 011 CC: County Counsel County Administrator REC I MARv ; $' Pleasant dill , CA March 26, 1998 Clerk, Roard of Supervisors 651Pine Street tS art ine z, CA 94553 Dear Sir; I am submitting two `)ills totaling $317. 22 for damage done to my car ,-°ecemher 8, 1997, after hitting a. pothole on fionument Rlvd. Originally I submitted this enclosed claim to `)enart-hent of Transportation and they rejected it saying it w<s not their resnonsibility but that of Contra, Costa Co inty. I or:iginall.v submitted a hill. for 3174.45 but in less than a month I had to reel ace the right front tire that was dam— aged so I am including that bill for $142.77. Sincerely,, N,adeline Wold 2025 Westover Drive Pleasant Hill , Ca 94523 STATE OF CALIFORNIA--BUSINESS, TRANSPORTATION AND HOUSING AGENCY PETE WILSON, Governor DEPARTMENT OF TRANSPORTATION BOX 23660 s OAKLAND, CA 44623-0660 ' (510) 286-4444 TDD (510) 286-4454 March 6, 1998 SCL-NSH Ms . Madeline Wold 2025 Westover Drive Pleasant Hill, CA 94523 Dear Ms. Wold: Claim No. D971237 The Department of Transportation has rejected your claim since the site of the alleged incident was not owned ; controlled or maintained by Caltrans. Our investigation shows that the location of the incident leading to your claim is probably the responsibility of the County of Contract Costa. We are returning your original claim form, estimate (s) and/or ' paid receipt (s) in case you want to file with the above agency. Sincerely, RUB T. L I E District Office Chief Office of Business Management Attachment _ - - .. . STATE OF CALIFORNIA•DEPARTMENT OF TRANSPORTATION CLAIM AGAINST DEPARTMENT OF TRANSPORTATION/FOR AMOUNTS $1,000 OR LESS LD-0274 � J Page 1 of 2 Front PERSONAL,INFORMATION NOTICE Pursuant to the Federal Privacy Act IP.L.93-579)and the information Practices Ad of 1977(Civi Code Sections 1978,et seq.),notice is hereby given for the request of personal information by Ihia form The requested personal information is voluntary. The principle purpose of the voluntary information is to t iflata the processing of this form. The failure to provide all or any part of the requested information may delay processing at this form. No disclosure of personal information will be ntiade unless permiss.ble under Article 6,Section 1798.24 of the IPA of 1977. Each Individual has she right upon request and proper identilioation,to inspect ail personal information in any record maintained on the individual by an Identifying particular.Oitectany inquiries on information maintenanoe to the Department of Transportation.Legal Unit,IPA Foran officer. 'This form Is to be used when riling a maim against the Department o1 Transportation as provided in Government Cade Section 935.7 PLEASE: . print or use typewriter when filling out form. CAUTION: Claims for road repair(Chip Seal)damage • sign and date claim form. must be received within 30 days of the f UNSKINEDAND UNDATEDFORMS WILL NOT BE PROCESSED.) incident. All others within 6 months. STATE USE ONLY'. FILE NUMSER 1. NAME: LAST FIRST MIDDLE Ll M p ID r�_I- N r s -i�u_ss et i t u-)o ta HOME AODRFSS SUSWESS PHONE HCM-e PHONE St,E..,I e_.5 To Jt_r V C CITY } t -- STATE r i ZIP COO" +� _._... 2. PUT A SPECIFIC TIME AND DATE WHEN THE DAMAGE FIRST OCCUPIED TIME OF INCIDENT DATE OF 7n,CO2N t AM i p I� � �_ r ) ll r7 3. STATE THE LOCATION OF THE INCIDEN T WITHIN ONE-HALF MILE(CITY,COUNTY,HIGHWAY,NEAREST OFF-RAMP,CROSS S7REETOR POST MILE). 0-v1 n Fro, &eta a in K i it R 4. EXPLAIN HOW THE INJURY OR DAMAGE OCCURRED. {.0�z,t_t?r 5 t� l'�C`� cJ i_`�a i�t t e� �, t�.t-t c! Gi r�-rncx.r.►e,t� if"1 � h�" "�f'[3Yt� t i t^C ll3�vt,� 1�..*t`lL.e.. 1 'KHAT PARTICULAR ACT OR OMISSION ON THE PART OF CALTRANS OR ITS CONTRACTOR CAUSED THE INJURY OR DAMAGE? WHAT INJURY OR DAMAGEDO YOU CLAN RESULTED? _ e�n-L G tit)rvit�Gt � rimgL n 4 hub e o-p WHAT IS THE DOLLAR AMOUNT OF YOUR CLAIM FOR DAMAGES? (stlawrTWO EsTUHATEs oR PAID REGEipTS) S. INSURANCE INFORMATION IS REQUIRED NAME OF INSURER S CX..t-e ARE YOU THE REGISTERED OWNER? YES NO ❑ HAYS YOU SUBMITTED A CLAIM TO YOUR INSURANCE CARRIER? YES NO IF YES, WERE YOU PAID? YES [:] Nfl FOR WHAT AMOUNT? $ VENCLE INFORMATION MARE OF VEHICLE YEAR LICENSE NO. O k-DS (j_+tris..! ( q 9 13 ,71. y t HEREBY CERTIFY UNDER PENALTY OF PERJURY,THAT THE FOREGOING FACTS ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. SIGNATURE OF CLAIMANT r DATE _ REVERSE.SIDE FOR STATE USE AND FILING INFORMATION ON CLAIMS ...................................................... ... .............................................................................................. Phil Madruga Shell Repair Estimate �• uto re Madruga, Inc. and Service: Order 2295 MORELLO AVE,—PLEASANT HILL,CA 94523 �TPhone(a10)i 1975 FINAL BILL B.A.R.Registration No.AMO7SMS Daae; 12/12/97 Service-Check Miles-Daps MEN Cki� ILIGNMENT 10110 431 GENESIAL LABOR 44165 12H TIRES folio 431 ; . " 00 yyyy yyyyyyy yy y yy yy,{�yyyyyy yy yy, y y1 y ;� y#y�1{,42 ; 0. 00 y y y y15y.. TI45 1 01-00TIRE ICE) �� . � �� 15.00 y TIRE S CE / ilk IM: i Hila ; < t . 1` y RIM x :. 50.0 1 2.05 95..25 Te 1 028 a u k gt go •1 ,t�4 IRIS c a S , he }} ff'w RINI "Parts&labor guaranteed 90 days or 4,000 miles,whichever first occurs. Vehicle'must be returned for warranty work." By law,you may choose another licensed Smog Check facility to perform any needed repairs of adjustments which the smog check test'indicates are necessary. I,the Registered Owner,authorize you to perform the above repairs and 147.30 15 .00 furnish all materials and Include any necessary sublet work in the above estimate. }I understand any cost quoted heretofore is an estimate only. PAYNE j` DISBURSEMENr Page 1-1 Your employee may operate vehicle for inspection,testing,delivery at C1#Sh 0.00 my risk.You will not be responsible for loss or damage to vehicle or articles left in it.i agree to pay reasonable storage on vehicle left more (22e0k than 48 hrs.after notification that repairs are completed.An express Cbarge 162.30 mechanic's lien is acknowledged on above vehicle to secure the C/ S[`E amount of repairs thereto,including those from any prior work or repair contract on this vehicle.in the event an attorney is retained to foreclose No CW 12.15 this lien or to bring suit for collection of nay sums due,I agree to pay costs of collection and reasonable attorney fees. 174.45 Receipt of a copy of this order is hereby acknowledged. dg Customer Signature Work Written By ...... PhIl Madruga Shell RepaiirEstimate and ieivlia 'Order Ma rd rMad ugQs Inc. .' TA-Auto uare 2295 MoRgLL.D AVE.—PLBASANT HILL,CA 94523 11 Phono(610),585-1575 FINAL $ILL? B.A:F.aegistration No.AM076059 /?ate: 01/09/98 1,3508 ham as VER DR El E1111a 1ILL P hTTM _%nrR" I?As 2_1 NOW 919 L111;tA rvicE-Chtsk ZlIEB-D$ 8 NEW TISMEHL LIBOR 40338 . . ALIGNMENT 62 TIES 10283 4152 � •. p�'�"_' » fir.,•�, �:, ��a" f a TI #144. 0.00 0;.00 Iamb$� i 15.00 TI04 5 01 €7Q T ANMINfa t�. ' F 1 ' A, _ 185 R14 RAD] 76.46 SMV } Al l 3 al IC ' 45.00 C#K PN ST3SP ,, TION TV. �I 51 �' ..; >. 5 .. .0 e t '* Nx W P ' A t� '" a011 "Parts&labor guaranteed go days or 4,000 mites,wrhichaver first occurs. Vehicle must be returned for warranty work." By law,you may choose another licensed Smog Check facility to perform any needed repairs or adjustments which the smog check test indicates are necessary, i,the Registered Owner,authorize you to perform the above repairs and, 76.46 60.00, furnish all materials and'include any necessary sublet work in the above estimate.I understand any cost quoted heretofore is an estimate only. PAYMWr DISIRMEME T Page 1-�1: Your employee,may operate vehicle for inspection,testing,delivery at Cash 0.00 my risk.You will not-be responsible for loss or damage to vehicle or Ok articles left in it.I agree to pay reasonable storage on vehicle left more Che than Q hrs.after notification that repairs are completed An express Charge 136.46 mecharric's lion is acknowledged on above vehicle to secure the C/Card amount of repairs thereto,including',those from any prior work or repair contract on this vehicle.in the event art attorney is retained to foreclose No C119 6.31 this lien or to bring suit for collection of bay slims due,I agree to pay costs of collection and reasonable attorney fees. 142. 77 Receipt of a copy of this order is hereby acknowledged. Customer Signature Work Written By ` .. a ' E f i ► r + k r � r � r t r t ' _ f (f) cp Lo 0' a� O - 1^ ar j f:'r U to is M d' M EA 1A Rt T C: LO N G"- .,• rJ is w r � w 4i tf" 4� e:N ... ............................................................................................. . ......... ......... ............ ......_......._._..... ....................... California State Automobile Association < > Inter-insurance Bureau 04/01/98 7REICEIVED Julie Aumoch Contra Costa County Risk Management 'M . 651 Pine Street 6th Floor AE, isk Martinez, CA 94553 Re: Our Insured: Reich, Robert D or Margaret Our Claim No.: 02-F397240 Bate of Loss: 01-19-98 Your Insured: Contra Costa County Your Claire No.: Dear Ms. Aurnoch: This will confirm our subrogation interest arising from this loss. We have settled the claim with our insured and based on the following facts, request payment directly to California State Automobile Association Inter-Insurance Bureau(CSAA-IIB): Our insured drove over hole in roadway, pipe protruding out of hole, on Walnut Blvd near Shady Glen, damaging the underneath of our insured vehicle. Photos of hole enclosed along with repair bills. Documentation to support our claim is enclosed. Please issue payment for$4470.28 for the following expenses: Repair Bill $4470.28 Loss of Use 0.00 Tow/ Storage 0.00 TOTAL $4470.28 Sincerely, ��` %ice Idt,✓�', "t ,_�-' e L C3CSlie-Zoi ally`C" Xsey Claim Representative 3390 t. Diablo Boulevard • Lafayette, CA 94549 • • • 510 253 9450 -1114(5-93) 51€1283 9450 extension 317 Enclosure APPLICATION TO FILE LATE CLAM BOARD OF SUPERVISORS OF aWTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Application to File Late Claim NOTICE TO APPLICANT APRIL 28, 1-1998 Against the County, Routing } The copy of this document mailed to you is your Endorsements, and Board Action.) notice of the action taken on your application by (All Section References are to } the Hoard of Supervisors (Paragraph III, below), California Goverment Code.) } given pursuant to Government Cade Sections 911.8 and 1 .A Pl to the "WATOMM" below. Claimantr NAU HUT CHOE Attorney: JOHN Co FERRY Address: 200 GREGORY LANE:'S i E B-2 PLEASANT HILL CA 94523 Amount: $30,000 By delivery to Clerk on MARCH 27, i998 Date Receiveds By mail, postmarked on I. FROMs Cleo of the Board of Supervisors TiOt County Counsel Attached is a copy of the above noted Application to File Late Claim. DATED: MARCH 30, 1998 PM BATCHELOR, Clerk, By s A' I. FROMs county Counsel : Clerk of the' Boarrd OF Supervisors The Board should grant this Application to File Late Claim (Section 911.5). ( The Board should deny this Application to File Late Claim (Section 911.5). DATED: VICTOR WESTMAN, County Co)4el, Deputy II. BMW ORDER By mous vo e of Supervisors present (Check one only) ( } This Application is granted (Section 911.5). This Application to Fjler Late Claim is denied (Section 911.5). I certify that this is a true and correct copy f the Board's Order entered in its minutes for this date. DATE: � z 1 , PHIL BATaMDR, Clerk, Deputy WAMMM (Gov. Code ;911.8) If you wish to file a court action on this matter, you must first petition the appvopri.ate court for an order relieving you from the provisions of Government Code Section 945.4 (claims presentation requirement). See Government CodeSection 946.6. Such petition must be filed with the court within six (6) months from than date your applioation for leave to present a late claim was denied. You may seek the advise of any attorney of your dholoe in motion with this matter. If M want to consult an attorney, u should do so immediate) . V. FROM: Clerk of th+a 950a TO: County Counsel (2) County A s r a or Attached are copies of the above Application. We: notifed the applicant of the Board's action on this Application by mailing a dopy of this document, and a memo thereof has � ben filed and endorsed on the Board's copy of this Claim in accordance Stith Section 23(03. DATED.- = � j 2- IL BATMUR, Clerk, By Delay V. FROM: 1 County Counsel 2 County A nistr ator TO: Clerk o t e Board of Supervisors Received copies of this Application and mrd Order. DATED: County Counsel, By County Administrator, By APPLICATION TO FILE LATE CLAIM John C Ferry 200 Gregory Lane,Suite B-2 (925)827-1810 Fax(925)281-9890 Pleasant Hill CA. 94523 e-mail. c err 3124 raoL coax March 23, 1998 Phil Batchelor, Clerk of the Board The Board of Supervisors Centra Costa County RECEWED County Administration Building 651 Pine Street. NIAR 2 1998 Room 106 Martinez CA 94533-1293 CtEEp t, OF .:r Re: Nan Hui Choe Application for Late Claim Dear?torr. Batchelor: My client,Nan Hui Choe's claim was denied by your undated later(but verified for mailing as of March 20, 1998.) This letter is to request, pursuant to Government Cade Section 911.4 for acceptance of a late-filed claire, or in the alternative to contest whether the claim is in fact late at all. After Ms. Clue's termination she filed a claim with the Board which was denied. However, prior to the time of the expiration of the period for commencing litigation she had an administrative Bearing before an administrative law judge. Subsequently, she appealed the decision to the Merit Board for review. As such, she was precluded from filing a lawsuit as her administrative remedies had not been.exhausted. In fact, her original claim to the Beard, in light of these administrative matters, was itself, premature. It was only recently that the Merit Board finally denied her appeal and issued its final ruling. Attached hereto as Exhibit A is the February 25, 1998, 'Merit Board denial. Her claim submittal to the Beard followed immediately thereafter. Attached hereto as Exhibit B is a copy of her claim, dated March 17, 1998. Accordingly, we submit that her claim is timely - by virtue of her pursuit of her administrative remedies and the Merit Board's action. In the alternative, and pursuant to Government C"ode section 911.4 we submit that if this claim is considered to be a late-filed claim, it is, in fact, excusable. We believe that given the circumstances of the Merit Board's action, the County would be estopped from arguing a late claim. Christopher P. r. Mojave Unified.School Phil Batchelor, Clerk of the Board The Board of Supervisors March 23, 1998 Page District(1993) 19 CaL .app. 4'* .i 6S. 23 Cu. Rptr. 2d 353. If the Board is intent on denying this claim, as it certainly appears to be, we request that the denial be based on substantive grounds, not procedural ones. Raising a timeliness affirmative defense(or a demurrer)will only result in needless litigation activity and an ultimate ruling in?vis. Choe's favor in any event. As the rules appear to require it, I am enclosing another copy of Ms, Choe's claire for your substantive consideration. exhibit B) Thank you for your attention to this matter. Very truly yours, THE LAW 3FFICES OF JOIN C. FERRY John C. Ferry cc: Ms. Choe e:\..jctm ard\3=23-98 MERIT BOARD - Walter G. Treanor 1 . Eizzo Kobayashi • +: < ` , - s Esti Sobaivarro 1 County \ , � � Marianne Barnes Aide Ramon Flores s 651: Pine Street, Third Floor Martinez, California 94553-1292 EXECUTIVE SECRETARY j Laurie A. Rosa 3 (510) 335-1790 February 25, 1993 Henry L. Clarke General Manager CCG Employees Association Local 1 PO Box 222 Martinez, CA 94553 Dear Mr. Clarke. f r At its meeting February 24, 1998, the Contra Costa County Merit Board considered your request for a rehearing in the matter of the appeal of Nan Hui Choe, Institutional Services Aide, Health Services Department, from discrimination based on race. This is to certify the action taken by the Merit Board in accordance with Section 1128 of the Personnel Management Regulations. After hearing from both parties, the decision of the Merit Board was to deny the request for a rehearing of the appeal of Nan Hui Choe. By direction of the Merit Board, the parties are hereby notified that the time within which judicial review of this decision must be sought is governed by the Code of Civil Procedure, Section 1094.0. Sincerely, l f Laurie A. Rosa .Executive Secretary i i LAR cc: dickie Dawes, Deputy County Counsel, County Counsel's Office Shelley Pighin, Personnel Services Assistant, Health Services Dept. Nan ,Hui Choe Clarissa to: 10AU or SUPIRMORS Or CONTRA COSTA COMY e eP wb IQ A. Claims r last nq to causes of action for elecath or for injury to rson or to personal property or owitag crops and which accrue a or before { Decezber 33, 1987, suet be presented me d n®t later than the .tooth 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. l9se, suet be presented not hater than six months after the accrual of the cause of a action. Clan r*latinq to any other cause of action uust be presented not later than one year after the accrual of the cause of action. ( v,'t Code 911.2.) S. Claims must be filed with the Clark sof the Board ofSupervisors at its Office in Room 106, County Administration buildinq, 651 Pin* Street, Kartin*z, CA 94553. Y C. If clam, in against & district govor°nead by the Board of Supervisors, rather than the Ccuntyg the name of the District should be filled is F D. 'If the daises is against more than one public tntity, separate claims must be filed against each public entity. Sea penalty for fraudulent claims,. Penal Codec Seat. 72 at tho sand of this form. t. Claim By Reserved for Claark0s filing stamp � x 4 RECEIVED 0. . gaainst. the _�a 0 ontra Costa) or 7 I%istrf ct} CLERK W5�RD bf SUPERVas RS �� Fill in name CONTRACOSTA-0 3 The undersiqnsd claimant hereby sake* claim against the County of Contraa Costa or the as *-naa mod District in the sun of - 00 and in support of this claim rerepr aserrataa aa0 follows- , s 1. When dia the damage or inn occur? (Give exact troa and hcurf etre! di t4he damage br ink OC&Qi? (Include city and gmsy) ® Now did damage or i e ? (Giv* full details aatea�ek ea rs per if r*quireaad) q - CA t�ff-O a\O # Qa Pat asell < Adm �t7�' 6c. r 4What pea i l lc 7ir omission can thtr part of county oxi dis- tz�ict officers, war`smasa or ployea�ere$ uaaee� the ink dgene? u a come 05 a �e44+IPA�q fromAe ears a4,44 Ne- v;4W le5s -�,kvwe ON O&C TV% er-3� 3 erw so, --tike,\r4 VJ45 VOIV4, 4 d s. What ars the names of county or district off cars servants or . aem loyees causing than a� gs air inju �� claim a d? (Give full extent m iss a sssgss lsiss� Attach two s ima ss for auto cs ` rt '.$""i` t �� X0.0 . j , # � ee �� g 7. mow was the amount claimed ova computed? (l clod the estimated ted punt of any press etivae injury or damage.) h4ke7 Naxos and addresses of witnesses, doctors and hospitals. rVer 4a e O t e 4, 14#i .s ;6 AO °4 r injury. -fhest elper, �+".re� g?,re- C g4 m-t , e qAW 0 I*$ GOV. Cods Sec. 910.2 provides *The claim must be signed by the claimant or by some person ars his IE ES Name endQy�sfs°a o Attos C'Id " LMIAM 3- 1-7-,?F-) Mr. QAA (claimant,,ssignature) AP Telephone Tslsis -674�)- movies Section 72 of the Penal Code rridss: Vary person who, with intent to defraud,, presents for allowance aux for payment to any stat* board or officaer, or to yf cid r distrix s her officer, authorized to all air Y the same if genuine, any false or froudulant claim, bill, accountt Youchert or writing, is punishable aei *r by imprisonment in the county jail for s period of not more than one yaearm by a fines of not exceeding one thousand ($1,000) ,, or by both such imprisonment and fine, or b imprisormant in the stets prison,, by s fins of not sxcae*ding tarn thousand dollars ($10,000, her by both such imprisonment d fine. yo ell p(oyvo�d ciAX wq 5 r?re 0 k\tltr 6 \A/Jf t f 0 OA,,O e, 6eAd .0p tote A t./�e* 5 l Nare/k T e e4 �Nl -9of A ,o Cf fw,, c �tAV , o Ae eed ��ose WlcekQ q�+er �&e qJ from-P44 -\-o &rvioq-, Hva oe� vt '::7 7 -t-lvx e 5 o ve -� -Vk� oc A- J- z 5 e 3e ,ftq VITl %APSe� O-Aa SjA�sej&,ten4( 4-0 %(A ivAA'409 Ll 644 \\I 'Woql� bkh� �e�-Orc �,e Q-,OtAk) 'vtck'tf ). 10aw �04 � 1\0 + " oAR ot ��A\N 'l at\ eK (Iuse to 6evI 0(5 p �\a 4 - a m Al� A4 o RECEIVED S- S i6ea kdi G i,'1, L �o — S c ` F T t #OBOARD d P 1 UPERVISORS 3 & A '" d 0 , � � -2SS -CIO CLAIM � BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claus. Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT APRIL 28, 1998 8 And Board Action, All Section references are to ) The copy of this document Trailed to you is your notice of California Gc vern^rent Codes. } the action taken on your claire by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $ 000 h"� ration 913 and 915,4. Please note all "yearnings CLAIMANT: JOE FREITAS �. . ATTORNEY: +re,sx: f,f' NE--.Z 0A.1I Date received ADDRESS; 901 COURT ST BY DELIVERY TO CLERK ON MARTINEZ CA 94553 BY MAIL POSTMARKED: MARCH 27, 1998 I. FROM: Clerk of the Board of Supervisors TO: County Counsel ; Attached is a copy of the above-noted claim. > DATED: MARCH 30, 1338 BIL JA7CHELOR, Ciera eputy ✓r1 •. atm 11. FROhS: ounty %. sel O: 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 clai•tfant. 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). ( ) ether: f Dated; . ( BY. a Deputy County Counsel �. 1II. FROH: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 9141.3). IV. BOARD ORn';: By unanimous vote of the Supervisors present ( , This Clairr, 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 PHIL BATCHELOR, Clerk,_6 Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (5) months from the date this notice was personally Served or deposited in the mail to file a court :action on this claim. Sgt Governftm t Code Section 945.8. 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 11 is Notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all timet 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 off this Board Order and otice to Claimant, addressed to the claima as shown above. Dated �j BY: PHIL BATCHELOR b eputy Clerk CC: County Counsel County Administrator «. ... -3Y ili....+1d: R ... RE: Claim By Reserved for Clerk's filing stamp Y4,5, ) RECD , Wainst t unty of Contra sta ) 1 or ) District) (Fill in name ) The undersigned claimant hereby makes cla therf Contra Costa or the above-named District in the soon of $ `` end in support of this claim represents as follows: I. Wm did the damage oar injury occur? (Give exact date and hour) 2. inhere did tie damage car injury occur? (Include city and county) AA ^••.: ' 3. Hoa did the damage or injury occur? (Give h0l details;--We paper if I-tie S 4. What particular act or omission on the part of county or district officers, servants w employees caused the injury or damage? ,. I'� t(,v\ Aj Y. r . p' r IN <; OZ. ., ..! , _ v . AN r-J w,aa` //.d' :a+""mow y •; +,p(' .+. ' L"a y r i . 5, What are the names of county or district officers, servants or employees causing dA or.. injurl? 4 { LlIto 3 a f .�~ 6. What damage or injuries do you claim resulted? (Givefulle t o in�urie or two estimates for auto damage. r"�► ' ' damages claimed. Attach .� Y. � -Lr low How was the amount claimed above computed? (Incl a the estimated u3ilt of any x prospective,fury or damage.) "` k ' wi's moi' `4VIA: S. Names and addresses of witnesses, doctors and hospitals. r�o AJ 9. List the expenditures you made on account of this accident or injury: I DATE IM e e e e f a e e e e � * e e a a e r � e * e a * e e e a e a� * �r e � �e e • +� a +� e Gov.. Code Sec, 930.2 provides: "The claim must be signed by the claimant SM i14TICES T10: (Attorne � or some son on his behalf." ane and Address of Attorney lle��- -JtA (Claimant's s ignatuu°e K7 e A ss P Telephone No. Telephone No.T_g eeea * ee �re • r +� +� se ......... . ..........._ . .... ..........._ 4 - , : 1. _r �. ............ 15 f . �u3 M r t .......... E y v: r kj S .. .... f 4k ... ,.. .......... 10.....v......... tojA .... ......................... . . ARC u '°` � ` t. .. ... a Y_ Lk .......... 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' w w'rs f � VI) 45 � � v - +' tu The Board of Supervisors Contra ler iWHOlor and County Administration Building � � County AdminWtnnw 651 Pine Street,Roam 106 (51O)W&1WO Martinez,California X4553-1293 County .ft ftwo,1St D�we Cityit S.tii"ma,Z'W DM-et DOMIN Mark D tr"r,nth Digit ,lar t:`AIMIAM",ft Distft ( `,JI J'4 COvti�` April 21, 1998 Mr, Joe Freitas 901 Court Street Martinez, CA 94553 Dear Mr. Freitas, In response to your letter dated April 15, 1998, your claim against Contra Costa County is scheduled for consideration by the Board of Supervisors April 28, 1998. Clerk f the Board J.L. McHuen Deputy Clerk .., . ._ < " APR 1 � a, eir 44 M �44 . f ,. 4e.r AAA .. " s nw.nic«;- :::.. ... s r. N .. tea„ fps 4�IM! 6 f M :.. e a > . f { , e : Y S d } : w . 4 e CLAIM BOARD Of SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by} BOAR the Board of Supervisors, Routing Endorsements, } NOTICE TOCLAIMANT Act; , 1998 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 iU below), given pursuant to Government Code Amount: UNncm tr1;g0q1Wnd 925.4. Please note all "Warnings". CLAIMANT: BRANDT and U= and JAI FCRD ATTORNEY: s= E. iENNy c-O#INTY couNSaE1. f Af'RT!NfiZ0lWrtceived ADDRESS: RIVERS, HUFTAIGER, LTTIaM & BY DELIVERY TO CLERK ON RT 1— SCUN JENNY' 2211 RAILROAD AVENUE BY MAIL POSTMARKED: PITrSBURG CA 94565 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a Copy of the above-noted claim. p IL iATCHtELOR, Clerk DATED: APRIL I, 1998 puy 11. FROM: County Counsel TO: Clerk of the Board of Supervisors ( This Claim Complies substantially with Sections 910 and 910.2. ( } This Claim FAM 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 Clark 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: d24��— Deputy County Counsel 111. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) f 1 Claim was returned as untimely with notice to Claimant (Section 911-3). IY. BOARD ORDER: By unanimous vote of the Supervisors present { This Claim is rejected in full. ( ) Other: I certify that this is a trine and correct copy of the Board's Order entered in its minutes for this date. Dated: H1L B11TC#iEtO#t. L#lrk $y ty Clerk WARNING (Gov. code section +913) Subject to certain exceptions, you have only six (6) months from the data this notice was personally served or deposited in the veil to file a court action on this claim. Ste 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 im*diately. * For .Additional Warning See Reverse Side Of This Notice. AFFIDAVIT OF MAILING 1 declare under penalty of penury that I am now, and at all times herein mentioned, have been a Citizen of the united States, over age 1B; 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 otice to Claimant, addressed to the claimant as shown above. r Dated: BY: PHIL BATCHELOR by Deputy Clerk } CC: County Counsel County Administrator SCOTT E. JENNY (Bar No. 166111) 1 RIVES, HUFFAKER, LITTORNO & JENNY RECEIVED 2211 Railroad Avenue 2 Pittsburg, CA 94565 Telephone: (510) 432-3511 rAPR�' 21998 Attorneys for Claimants CLERK BOARD OF sUF. RVIst3 4 t-.05TA CO- 5 6 Claim of BRANDI FORD; JOYCE ) CLAIM FOR DAMAGE FOR CIVIL FORD; and JOHN FORD, ) RIGHTS VIOLATIONS, ASSAULT, 7 ) BATTERY, INTENTIONAL V. ) INFLICTION OF EMOTIONAL 8 ) DISTRESS, NEGLIGENT INFLICTION THE CITY OF BRENTWOOD and ) OF EMOTIONAL DISTRESS, FALSE 9 CONTRA COSTA COUNTY. ) IMPRISONMENT, NEGLIGENCE, AND FOR DAMAGE TO PERSONAL z 10 ) PROPERTY � z z zz ° 12 U. o 13 To the County of Contra Costa: W "n GO O LL •.� 14 I. NAMES AND ADDRESSES OF THE CLAIMANT AND THE PERSON TO WHOM o NOTICES ARE TO BE SENT. Q Sao 15 You are hereby notified that Brandi Ford, Joyce Ford and John O � 16 Ford, all of whom reside at 23 Old Stagecoach Road, Brentwood, N 17 California, claim damages from the City of Brentwood and from the 18 County of Contra Costa. 19 All notices or other communications with regard to this claim 20 should be sent to: 21 Scott E. Jenny, Esq. 22 RIVES, HUFFAKER, LITTORNO & JENNY 2211 Railroad Avenue 23 Pittsburg, Cal. 94565 24 (.510) 432-3511 II. A STATEMENT OF THE FACTS SUPPORTING THE CLAIM AND A 25 DESCRIPTION OF THE INDEBTEDNESS, OBLIGATION, INJURY, DAMAGE, OR LOSS INCURRED AS FAR AS KNOWN AT THE TIME OF PRESENTATION 26 OF THIS CLAIM. 27 This claim is based on personal injuries to claimant Brandi 28 -1- x. 13 Ford (a minor) , for personal injuries to claimant Joyce Ford, and 1 for damage to personal property belonging to Brandi Ford, Joyce 2 Ford and John Ford. These damages were sustained by claimants on 3 or about October 7, 1997 in the vicinity of 23 Old Stagecoach 4 Road, Brentwood, California and were caused by the Brentwood 5 Police Department and the Contra Costa County Sheriff's 6 Department in executing a search warrant on the premises. 7 The injuries sustained by claimant, as far as presently 8 known, as of the date of presentation of this claim, consist of 9 personal injuries to claimants Brandi Ford (a minor) and Joyce z 10 Z Ford arising from a violation of their civil rights, from 01 11 oa assault, battery, intentional infliction of emotional distress, x LL 12 LL oho negligent infliction of emotional distress, false imprisonment Wa DD Claimants Brandi Ford 14 and negligence. (a minor) and claimant a a 3: w Zc4 Joyce Ford were unnecessarily and excessively restrained during 15 wav the execution of the search warrant, and were forced to the 16 x 17 ground and threatened with weapons placed to their heads. As a � N > " 18i result, they each suffered extreme emotional distress. 19 The damage to personal property belonging to all three 20 claimants includes but is not limited to multiple classic and 21 antique automobiles. The personal property of claimants was 22 unnecessarily and excessively damaged during the execution of the 23 search warrant, with officers jumping on the automobiles. 24 III. THE NAME OF THE PUBLIC EMPLOYEE WHO CAUSED THE INJURY, IF KNOWN. 25 The names of all public employees known by claimants to have 26 taken part in causing claimant's injuries under the described 27 circumstances are unknown at this time, but include Detective J. Martinez. 28 -2- f IV. THE AMOUNT CLAIMED. 1 Jurisdiction over the claim would rest in Superior Court. 2 Date. Mar. \ , 1998. RIVES, HUFFAKER, LITTORNO & JENNY 3 4 By: 5 Scott Jenny Attorneys for Claimants 6 7 ! 8 9 z 10 w � � ¢ 11 Z z ° 12 aq � LL Q U o 13 LL 14 u. a � Z < 15 FTy � N 16 17 w N 18 19 20 21 22 23 24 25 26 27 28 -3- CLAIM �° l BOARD OF SUPERVISORS OF CONTRA CK&T CDXJ�LY CALLEOgNIA. BDARD AC`11f�1E,��p�.,�a�E Claim Against the County, or District Governed by } the Board of Supervisors, Routing Enftsements, } NOTICE TO CLAIMANT and Board Action. All Section references are to } The copy of this document mailed to you is your California Government Codes. notice of the action taken on your claim by the l�3 � 1� Board of Supervisors. #Paragraph IV below}, given f pursuant to Government Code Section 913 and APR Q 3 1995 915.4. pease note all "Wernings". AMOUNT: $1200 COUNTY COUNSEL MARTINEZ,CALIF. CLAIMANT: Rosalie Payne ATTORNEY: DATE RECEIVED: ADDRESS: 892 Carpino Ave BY DELIVERY TO CLERK ON: Pittsburg CA 94565 BY MAIL POSTMARKED: April 2, 1998 L FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PHIL BATCHE R, Clerk Dated: T ` By: Deputy JJF II. FROM: County Counsel TO: Clerk of the Board of Supervisors 0�) 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 filedlate and send warning',of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated:__ /! f Z 41 By: 4 i? . , —Deputy County Counsel III. FROA- Clerk of the Board Ilk County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. POARD 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 en ed in its minutes for this date. I Dated: 1'� d PHIL BATCHELOR, Clerk, Ru 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 MAiCLING 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, a ressed to The claimant as shown above. Dated: '. By: PHIL BATCHELOR By ' putt' 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. (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 Rosalie Payne ) RECEIVED ) Against the County of Contra Costa APR 3 1998 or The Housing Authority of Contra Costa (District) (Fill in carne) The undersigned claimant hereby snakes claim against 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 i jury occur? (Give exact date and hour) 2. ere did the damage r injury occur? (Include`bity and county) ' 3.1 How did the aamage or injury occur? (GW full details;use extra paper i require What partic act or omission on the part of county or distrW officers,,servants/Jor employees caused the injury or damage? clmformj '.G..� d 5. What are the names of county or district officers, servants or employees'causing the damage or injury? F AP Al 6. What damage o nj es do you claim re to (Give extent of injur o damages clamed Attached two estimates for auto damage.) 7. I3r�w wase the am t claimed above computed? (Iris a the estimated amount`of y 8. Names and addresses of with ses, doctors anti hospitals. 9. List the expenditures you made on account of this accident or injury: �yD-,A'TEE� / ITEM AMOUNT Gov. Code Sea 910.2provides: "The claim must be signed by the claimant SEND NOTICE TO: (Attorney) or by some person on his behalf" 1A W5 Name and Address of Attorney r' la%mn 's Si ature ddress) Telephone No. Telephone No` --- 7- 7 7 -` NOTICE Section 72 of the Penal Cade 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." clmform J.ti W •G U�t .:n 11 311 w x i 1 1 4L r � - t r i i { G a t t CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA r Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, } NOTICE TO CLAIMANT kiT. , 1998 and Board Action, All Section references are to } The copy of this document mailed to you is your notice of California &overnment Codes. } the action taken on your Claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $100 Section 913 and 933.4. Please note all "Warnings-,. CLAIMANT: ROSElU PIZZAGRMI ATTORNEY: Date received ADDRESS: 901 MuRr StrEff COUNTY COUNSEL BY DELIVERY TO CLERK ON MRITNEZ CA 94553 MARTINEZ GAL F. BY MAIL POSTMARKED: tai 31, 1998 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above noted claim, I IL B$�A�TCHELOR, Clerk DATED: APRIL 1, 1998 8 Dtputy „t II. FROM: County Counsel TO: Clerk of the Board of Supervisors } This claim complies substantially with Sections 410 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 410.2, and we are so notifying claimant, The Board cannot act for 15 days (Section 910.8). ( } Claim it not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911`.3). ( } Other: Dated: �3 �1BY: LCd( Deputy County Counsel II1. FROM: Cleric 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: L4:z X11. BATCHELOR, Clerk, 8y y Clerk 1001, 1,114 - - - 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 avail to file a court action on this claim. See Govermawnt 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 4f This Notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all tisaat herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. r Dated: ,L /� �'` BY: PHIL BATCHELOR b �- uty Clerk CC: County Counsel County Administrator Clams to: BOARD OF SUPERVISORS Oh CONTRA COSTA COUNTY XNJJTRUCTT0MS TO CMIxANT A. Claims relating to causes of action for death or for injury to person k 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 brie 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. F'x See penalty for fraudulent claims, Penal Code Sec. 72 at the end of this form. tir,r#e�sris��r�rrss#pit#t��r�#s*��,e�t��t#f+e�ei�t��ta�t#err+erre#,�!�tt��#f�+e�srs+�r�f RE: Claim By Reserved for Clerk's filing stamp } Against the County of Contra Costa) RECEIVED or ) APP 0 1 1998 ) District) CLERK BOARD OF SUPERVISORS (Fill in name) ) CONTRA COSTA CO. ) The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum' of $ /OC! . and in support of this claim represents as follows: ' 1. When did the damage or injury occur? (Give exact data and hour 2. Where did the damage or injury occur? (Include city and county) 1 . 1 `ii' 4 r: ! .{ 173" t` ' '` y ;r« f ." < t`. t 4 •._ 3. Now did the damage or ,injury occur? (Giv full details; use extra paper if required) ,- r `_ - 4. What particular act or omission on the part of county or district officers, ervants or employees caused thei`njury or damge? /r ,rr / rd�' jover) / :. r 5. What are the names of county or district officers, servants or 0,0 b employees causing the damage or injury? � 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Att ch two estimates for auto damage. ) 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or dam&0, ) c - _ i n � 1. . 01 a. Names and addresses of witnesses, doctors and hospitals. 9. List the expenditures you made on account of this accident or injury• AMour r Gov. Code Sec. 910.2 provides "The claim must be signed by the claimant or by some person on his SEND NOTICE$ TO: (Attorney) behalf." Name and Addess of Attorney V (Claimant's Signature) Fr s� , 'o . S .�-_(Address) ) Telephone No. ) Telephone No. #RStR##:R#R#R#it�e d4s�f6sfRRR�r##dll:::#3cd��S:3!!#s4t�##�R#1blk#1r3�#d43s#R#irtOt## k!##R�e#!f# XOTICL 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 nor* 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.