HomeMy WebLinkAboutMINUTES - 06021998 - C24 CLA11VIr '
BOAS OF SUPERUSMSOF CONTRA COS A C-Q NTS CA,LE ORNIA
B'DAMD AGi'iJune Z 1198
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. ) 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 noteall "Warnings"
AMOUNT: $ INDEMNITYRIPCINDMIM)
CLAIMANT: EUGENE & PATRICIA CRONIN MAY _ 8 1998
ATTORNEY: KENNETH S. KLEEGER DATE RECEIVED: COU"Ty
00"N$EL
MARTINEZ CALIF.
ADDRESS: LAW OFFICES OF BY DELIVERY TO CLERK. ON:
PRESTHOLT, KLEEGER, FIDONE & VILLASENOR
SAN FRANCISCO CA 94103 BY MAIL POSTMARKED: -May 6, 1998
L FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
PHIL BATC LOR, Clerk
Dated: May 8, 1998 By: Deputy
TI. FROM: County Counsel TO: Clerk of the Board of Supe sors
This claim complies substantially with Sections 910 and 910.2.
{ ) This claim FAILS to comply substantially with Sections 910 and 910.2., and we are so notifying claimant. The
Board cannot act for 15 days (Section 910.8).
( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of
claimant's right to apply for leave to present a late claim (Section 911.3).
( ) Other:
Dated: By:��` Deputy County Counsel
IIT. 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. OARD GIRDER: 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 ed in its minutes for this date.
Dated. PHIL BATCHELOR, Clerk, By ,,�-- , Deputy Clerk.
tr
WARNING (Gov. code section 913)
Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited
in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an
attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so
immediately. *For Additional Warning See Reverse Side of This Notice.
AFFIDAVIT OF MAILING
I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United
States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully
prepaid a c tified copy of this Board Order and Notice to Claimant, adAressed to the claimant as shown above.
Dated: �` B PHIL BATCHELOR B
y y Deputy Clerk
CC: County Counsel County Administrator
LAW OFFICES OF
PRESTHOLT, KLEEGER,
FIDONE & VILLASEOR
DAVID A. PRESTHOLT 9@9 MARKET STREET LOS ANGELES OFFICE
KENNETH S. KLEEGER SIXTH FLOOR
60
GARY P. FIDONE 1055 WEST 7TH STREET, SUITE OO17
LISA A. VtLLASENOR SAN FRANCISCO, CALIFORNIA 9$.10.3 LOS ANGELES, CALfFORNIA 90017
BRIAN HOLMBERG
WILLI H. SIEPMANN TELEPHONE: 2233! 895-4811t7
DAVID CR AWFORD, III TELEPHONE: 1415) 267-6362 FACSIMILE: (2131 695-4817
ARCHIE CHIN FACSIMILE: (41S) 267-6275
ROBERT J. SCOTT
AV IGAL MORROW
MARJORIE E. MOTOOKA
DIRECT DIAL LINE: (415) 267-6359
s 1w
May 6 , 1998
Contra Costa County
Clerk of the Board of Supervisors
651 Pine Street
Martinez, California 94553
RE: TAHSIN BAKR; INAM BAKR v. EAST BAY MUNICIPAL UTILITIES
Contra Costa Superior Court Case # C 97-04790
Our File No. : 037-005-675
Dear Clerk:
Enclosed please find a Claim to the Board of Supervisors of
Contra Costa County form relating to the above referenced matter.
Please file the original and return the stamped copy to this office
in the enclosed self-addressed stamped envelope.
If you have any questions, please contactthis office
immediately.
Very truly yours,
PRESTHOLT, LEEGER, FII7C>NE
& LLA E R
KENNETH S . KLEEGER
KSK:sr
Enclosures
5675\CONTRACO.L01
Claims relating to causes of action for death or for injury to person G
eir to personal property or growing crops and which accrue on or before
December 31, 1987, must be presented not later than the .10'0th 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 cr ops and which accrue on or after Sanuary 1, 1988 , must
be presented not later than six months after the accrual of the cause
of action. Claims relating to any other cause ofaction must be
presented not later than one year after the accrual of the cause of
action. (Gov't Cade 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,
Mar-inez, Cep 94553 .
C. 141 claim is against a district governed by the Boardof 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. FrA d_.:. See penalty for fraudulent claims, Penal Code Sec. 72 at the
end of this
RE: Claim By Reserved for Clerk's filing stamp
EUGENE CRONIN and PATRICIA CRONIN
)
)
Against the C:unty of Contra C:sta)
or )
)
bistrict)
(Fill in name) )
The undersigned claimant hereby makes claim against the County of
Centra Costa or the above- named District in the sun of INDEMNITY
and in suppc- of this claim represents as follows.
1. When did the damage or injury occur? (Give exact date and hour)j
NOVEMBER 24, 2597
2 . Where did the damage or injury occur? (Include city and county)
QUAIL RIDGE. ROAD, LAFAYETTE, CONTRA COSTA COUNTY, CALIF.
3 . Flow dial the damage or injury occur? (Give full details; use extra
paper if recruired) MASSIVE LAND MOVEMENT, CLAIMANTS ARE BEING SUED
BY OTHER LANDOWNERS: CLAIMANTS SEER INDEMNITY FROM CONTRA COSTA COUNTY,
AS CCC IS .RESPONSIBLE FOR. SYSTEMS ON AND AROUND AFFEC'T'ED PROPERTIES.
4 . What particular act or omission on the part of county or district
officers, servants or empIoye*e.s caused the injury or damage?
COUNTY IS COMPLETELY OR IN PART RESPONSIBLE FOR ESTABLISHING,
IMPLEMENTING, OVERSEEING DRAINAGE, SEVER, ELECTRICAL, NATURAL GAS
SYSTEMS ON AND AROUND AFFECTED PROPERTIES.
(over)
5. What are the names of county or district officers, servants or el
employees causing the damage or injury?
N/A
6. what damage or injuries do you claim resulted? Give full extent
of injuriess or damages claimed. ,Attach two estimate: for auto
damage. ) MASSIVE LANDLSIDE CAUSING DAMAGE TO HOMES, LOTS, PERSONAL
PROPERTIES AND ROADWAY ALONG QUAIL RIDGE ROAD IN LAFAYETTE, CA.
CLAIMANT SEEKS INDEMNITY FROM CONTRA COSTA COUNTY.
7 . How was the amount claimed above computed? (Include the estimated'
amount of any prospective injury or damage. )
N/A. CLAIMANTS ARE SEEKING INDEMNITY.
S. Names and addresses of witnesses, doctors and hospitals.
N/A
9. List the expenditures you made on account of this accident or
injury.
DATE MOS
} Gov. Code Sec. 910. 2 provides
} "The claim must be signed by the
} claimant or by some person on his
SZXP C e f.
Name and Address of Attorney '/-
}
} (Cl mant's Signat ej/ATT-0 Y
} 989 Market Street, 6th Floor
}
}
(Address)
} San Francisco, CA 94103
}
Telephone No. }
} Telephone No. (:.415) 267-6362
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NOTICE
Section 72 of the Penal Coda 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 wither 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
thousalnd dollars ($10,000, or by bath such imprisonment and fine.
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BOA-RD OF SUPERVISOM0E QQN1RA COSTA COUNTY, A�rFoRNi�
BOARD AJUNE Z 1 998
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. } notice of the action taken on your claim by the
Board of Supervisors. (Paragraph IV below), given
pursuant to Goverment Code Section 913 and
915.4. Please note all "Warnings".
AMOUNT: $ 700,000
CLAIMANT: Riando Gaines
ATTORNEY: DATE RECEIVED:
ADDRESS: 901 Court Street BY DELIVERY TO CLERK ON:
A Module Room 23
Martinez CA 94553 BY MAIL POSTMARKED: May 4, 1998
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
PHIL BATCHELO Clerk
Dated: May 5, 1998 By: Deputy _
IL FROM: County Counsel TO: Clerk of the Board of Supervisors
( <-This claim complies substantially with Sections 910 and 910.2.
{ ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The
Board cannot act for 15 days (Section 910.8).
( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of
claimant's right to apply for leave to present a late claim (Section 911.3).
{ ) Other:
Dated: By: Deputy County Counsel
III. FROM Clerk of the Board TO: County Counsel (1) County Administrator (2)
( ) Claim was returned as untimely with notice to claimant (Section 911.3).
W. BOARD ORDER: By unanimous vote of the Supervisors present:
This Claim is rejected in full.
{ ) Other:
I certify hat this is a true and correct copy of the Board's Order entered in its minutes for this date.
Dated: PHIL BATCHELOR, Clerk, Byietjfte�
, Deputy Clerk
WARNING (Gov. code section 913)
Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited
in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an
attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so
immediately. *For Additional Warning See Reverse Side of This Notice.
AFFIDAVIT OF MAHJNG
I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United
States,4atified
18, and that today I deposited in the United States Postal Service in Martinez, California, postage fully
prepaicopy of this Board Order and Notice to Claimant, a ressed to the claimant as shown above.
Dated PHIL BATCHELOR By e ut Clerk
CC: County Counsel County Administrator
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BOARD OF SUPERVISORS OF CONTRA !COSTA COUNTY CALIF_RNLA,
BOARDACTIN Jug Z 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. ) 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: $ 159.95
CLAIMANT: Michael Kevin Kennedy MAY - 5 1998
rowwry olvNSEL
ATTORNEY: DATE RECEIVED: MAPTINEZCALIP.
ADDRESS: 1002 BayPoint Way BY DELIVERY TO CLERK ON: May 4, 1998
Rodeo CA 94572
BY MAIL POSTMARKED:
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
PHIL BATCHELOR, lerk
Dated: May 4, 1998 By: Deputy �' ��c
U.//FROM: County Counsel TO: Clerk of the Board of Supervisor
t`y( ) 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 91.0.8).
{ ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of
claimant's right to apply for leave to present a late claim (Section 911.3).
( ) Other:
Dated: By: Deputy County Counsel
III. FROM- Clerk of the Board TO: County Counsel (1) County Administrator (2)
( ) Claim was returned as untimely with notice to claimant (Section 911.3).
IV. BOARD ORDER: By unanimous vote of the Supervisors present:
This Claim is rejected in full.
`( } Other:
I certify hat this is a true and correct copy of the Board's Order e Bred in its minutes for this date.
Dated: PHIL BATCHELOR, Clerk, By .—Deputy Clerk
WARNING.(Gov. code section 913)
Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited
in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an
attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so
immediately. *For Additional Warning See Reverse Side of This Notice.
AFFIDAVIT OF N14HJ SIG
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 rtified copy of this Board Order and Notice to Clairnan addressed to the claimant as shown above.
Dated: By: PHIL BATCHELOR By eputy Clerk
ZZ
CC: County Counsel County Administrator
Clai:& to z' BOARD OF SUPERVL4 OF CORM CESTA 00UN'T'Y
I LS'fR�ONS TO C[ADWIT
A. Claims relating to causes of action for death or for injury to perm or to per-
sonal property or growing crops and Which accrue on or before December 31, 1987,
must be presented not later than the 100th day after the accrual of the cause of
action. Clams relating to causes of action for death or for injury to person
or to personal property or growing cry and which accrue on our 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 'Boaird of Supervi=%7 at its office in
Room 1136, COunty Administration wilding, 651 pine Street, Martinex, 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 encore than one public entity, separate claims must be
filed against each public entity.
E. Fraud. See penalty for fraudulent claims, penal mode :Sec. 72 at the and of this
Form:
* * a * * * 0 * * * * * * * * * * * * * * ,a * e * * 4s * * ee * * * * * ae * * * *
RE: Claim By Reserved for Clerkts filing stamp
.. ,� RECEIVED �
c 9 }
Against theuntty of ConFr—a ata
o }
MAY 41998
S
District) iC BOARD OF SuPE,(pill In name)
��3t avis}'
Gt3N7RA C1 '
The undersigned claimant hereby makes claim against the County of Contra Costa or
the above-named District in the am of ;� � S� . � � and in support of
this claim represents as follows:
�.Y�IIIfIRYIYliY11MF1i}yM'IYWi�YeiY,YYgYY14tlIMYiY111NYU1i�Y. 11YYYIIIMYIIY�Y�YINYY.I.YMMHtyMiIMiMNYY11+1wFiYYiilY'
1. When did the damage or injury occur? (Give exact date and hour)
2. Vhere did the damage or injury occur? (Include city and county)
1002- MAVr*o#r-T-
Xc IIs
.... —i......... ,..W.....
3. How did the damage or injury occur? (Give fU11 detaila; use extra paper if
r*quir*d)
e � a..t.K pa"c rr:,P'r sx �, AtCa1 ✓t 5 �, '" "r*4 D-C..(nr /4..JA 09- ,4-
Wt
4.. What partioular alert or amission an the part of county or district officers,
servants or employeas caused the Injury or ?'
-r,tf4 - Oo 6e 4, 'ro ►s r e-t ? �'.a -G i+v
tf�r--f4f E- t 1]0 PIt10.1
(Over)
5. tWhat are the names of county or district officers, servants or employees causing. '
the damage or injury?
�!t2..+.GGA• f�cC�
6. What damage or injuries do you claim resulted? (Give full extent of injuries or
damages claimed. Attach two estimates for auto damage.
R .wr.s swst� - mss r 46 Parwy � �^"# Dr
7. How was the amount claimed above computed? (Include the estimated amount of any
prospective injury or damage.) {/ } ) L�
l {s '"s? f'-o(S.- R+�-{3 - .#L.Yti-c.+ra.r i.J"9 -i1 X•,y C... i3;(:jr- .1T": a++`Lr�'�"" ^-{
Y s'
►7i y �,�.. ►�.-'r'�E r..t n.+&
QC--1+j c.t.-AL ,� (t.%„C�;,.►�`� 1'�"+"»,mac.rtµ�.,�
8. Names and addresses of witnesses, doctors and hospitals.
► � s `3
_.�..,.�. .,._.._____.. ..__.. .... .......__.._____ .._.a....... .___....�.--------...._—.Y_.�.�..».__.�.�..
9. List the expenditures you made on account of this accident or injury:
DATE ITEM AMDUNT
+� f a * a e at a a a a ,a<e e a e i e e` a e a€ at s e a at e * �t a c s as • s e e as * e s a
Gov. Code Sec. 910.2 provides:
"The claim must be signed by the claimant
SEND NOTICES TO: (Attorney), or by sqm_pqrsonon his behalf."
Name and Address of Attorney
(Claimant's gnat
(Address)
c:_,4 914 5-72.,
Telephone No. Tel No.oi; - q-7gG
N0 'TICE
Section 72 of the Penal Code provides:
"Every person who, with intent to defraud, preaaents`ftr alloaRnce or for
payment to any state board or officers, or to any oounty, 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 cane 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 tine of not exceeding ten thousand dollars {$10,0009 or by
both such imprisonment and fine.
Mark Anderson, O.D.
671 Parker Avenue
Rodeo, California 94572
510-799-4258
Bz ' Date
12/19/97
RODEO VISION CARE
Mr. Michael Kennedy
1002 Baypoint Way
Rodeo, CA 94572
Page 1
12/19/97 MK V0700-1 SINGLE VISION {4 . 25-7 . 00 75 . 00 75 . 00
12/19/97 MK 100 ULTRA VIOLET COATING 20. 00 95 . 00
12/19/97 MK 102 TINTED LENSES 20 . 00 115 . 00
15 . 00
ACCOUNT STATUS
Current Over 30 Over 60 Over 90
115 . 00 0 . 00 0 . 00 0 . 00 Min. Pay
Your prompt payment is greatly appreciated.
Finance charges will be added after 30 days. Inszrance� 0 . 00
�.. . . . . . . . . . . . . ....
SO& VALLEY CQ #1
510.669-9274
10:41aril 11.18-97
CAR# 19 SLSMN# 2716
Compl Shampo 39. 95
Other Items S. 0,
TOTAL $; 44, 95
Cash 100. 00
CHANGE; SS. OS
THANK YOU EOR
YOUR BUSINESS
M.****++#«
ASK ABOUT OUR
BAND WAX SPECIAL
+«#***-**
CALL 689.9274
FOR DETAILS
A C,.,.2 i
CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CAL FORNIA
BOARD AM .4= :Z I
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. } notice of the action taken on your claim by the
Board of Supervisors. (Paragraph 1V below), given
pursuant to Government Code Section 913 and
915.4. Please note all "Warnings".
AMOUNT: exceeds $100,000
II� rr
CLAIMANT: Fran and Harris Leck MAY — 8 1998
ATTORNEY: Kristen A. Jensen DATE RECEIVED: COU'NTY� 3i
Sheppard, Mullin, Richter & Hampton MARTIN IF
ADDRESS: Four Embarcadero Center Ste 1700 BY DELIVERY TO CLERK ON:
San Francisco CA 94111
BY MAIL POSTMARKED: May 5, 1998
L FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
PHIL BATCHEL R, Clerk
Dated: May 6, 1998 By: Deputy
M FROM: County Counsel TO: Clerk of the Board of Supervi ors
{ This claim complies substantially with Sections 910 and 910.2. 1+3 lir }-' -� 'Ss�' p7le�•t. 6e�o, ,�
{ ) 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).
1 �tt`
^ p -'
{ Claim is not timely filed. The Clerk should return claim on ground that it was filed',late and send warning of
claimant's right to apply for leave to present a late claim (Section 911.3).
(,"'Other:
Dated: By: Deputy County Counsel
III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2)
15< 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 i7tered in its minutes for this date.
Dated: PHIL BATCHELOR, Clerk, By ty Clerk
WARNING (Gov. code section 913)
Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited
in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an
attorney of your choice in connection with this matter. If you want to consult an attorney,',you should do so
immediately. *For Additional Warning See Reverse Side of This Notice.
AFFIDAVIT OF MAILING
I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United
States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully
prepaid a certified copy of this Board Order and Notice to Claimant, dressed to the claimant as shown above.
Dated: / �--' By: PHIL BATCHELOR B eputy Clerk
CC: County Counsel County Administrator
The Board of SupervisorsC�ntrInn es
�+ rrr� C W*&the BoKd
County Adminis#Wlon Building Costa Gt 00U*motor
651 Pine Slyest,Room 106 (510)335-19xa
Martinez,Caiifotnia 94563-1293 County
an ter,tot mutt
fisyM e.iJWWW.20d 0"ict a�
Donne Owbar,3rd Oistrtdt
UW*Da6autntar,4th Dimbict _
Joe CanoWnUM,5th Dietia
a
May 8, 1998
TO: Kristen A. Jensen
Sheppard, Mullin, Richter & Hampton
Four Embarcadero Center
San Francisco, CA 94111
NOTICE TO CL AIMAN
(Of Late-Filed Claim)
(Government Code Section 911.3)
The claim you presented on behalf of Fran and Harris Leck to the Board of
Supervisors of Contra Costa County, California, as governing body of the County of Contra
Costa on May 5, 1998, has been reviewed by County Counsel and is being returned to you
herewith because:
.,..o„ Your claim for an injury to person or personal property which erase on or before
December 31, 1987 was not presented within 100 days after the event or occurrence as
required by law. (See Government Code sections 901 and 911.2)
X Your claim for an injury to person or personal property which arose on or after
January 1, 1588 was not presented within six months of the event or occurrence as required
by law. (See Government Code sections 901 and 511.2)
— Your claim relating to a cause of action other than injury to person, personal
property or growing crops was not presented within one year after the event or occurrence
as required by law. (See Government Code sections 901 and 911.2)
Because the claim was not presented within the time allowed by law, no action was
taken on the claim.
...................11..................................... .................I.......
.............................. . ............
Your only recourse at this time is to apply without delay for leave to present a late
claim. (See Government Code sections 911.4 to 912.2 and 946.6) Under some
circumstances leave to present a late claim will be granted. (See Government Code section
911.6)
You may seek the advice of an attorney of your choice in connection with this matter.
If you desire to consult an attorney, you should do so immediately.
This claim is only timely as to real property claims within the last year. Claims prior to May
6, 1997 are untimely. Any claims for injury or loss to personal property before November 6,
1997 are untimely.
PHIL BATCHELOR, Clerk of the Board of Supervisors
and County Administrator
BY:
Oeputy Clerk
Dated:
Enclosure
Afidavit 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 prapelid, a copy of the above
Notice to Claimant (of Late Submitted Claim), addressed to the claimant as shown above.
Date: 1?7)VBv Phil Batchelor by
Deputy Clerk
H:\GROUPS',TOP,T\RISK-Mc,'T\CLAIMS\LATE\LECK.w.t)d
L/J
E �wydnaeo�w'xo'.�p L
RECEI Y{gED
MAY
X
OF SU-P
CLAIM OF FRAN AND HARRIS LECK h
AGAINST
f
CONTRA COSTA COUNTY
INCLUDING WITHOUT LIMITATION THE CONTRA COSTA COUNTY
DEPARTMENT OF PUBLIC WORKS)
AND THE
CONTRA COSTA COUNTY FLOOD CONTROL AND WATER
CONSERVATION DISTRICT
To the County of Contra Costa("County") and the Clerk of its Board of
Supervisors, located in boom 106 of the County Administration Building, 651 Pine
Street, Martinez, California 94553, the Contra Costa County Public Works Department
("Department of Public Works") and its Clerk, located at 255 Glacier Drive, Martinez,
California, 94553, and the Contra Costa County Flood Control and Water
Conservation District, Attention Mr. Bill Galston, ("Flood Control District"), located at
100 37th Street, Room 270, Richmond, California 94805:
Pursuant to California Government Code Sections 905 et seq., Fran and
Harris L,eck, whose address is 2378 Hagen Oaks Drive, Alamo, CA94507, present
this claim for compensation. This claim is based upon damages caused by the actions
and inactions of the County and its personnel, including without limitation employees
of the Department of Public Works, and personnel of the Flood Control District,
sustained by Mr. And Mrs. Leck as a result of flooding to their residential property
SF 1:FKJ\OTHER\TGW\610873 57.1
050198 -1'
..........................................................
located at 2378 Hagen Oaks Drive, Alamo, CA ("Property"). The damages were
sustained and continue to be sustained under the following circumstances:
The Property is currently experiencing a severe erosion of soil on its
northern boundary at a point abutting Stone Valley Road. The erosion is being caused
by the scouring effect of the waters flowing through a creek that crosses the Property.
The erosion has caused the collapse of a retaining wall and a fence, each located on the
Property.
At the time the claimants purchased the Property, the creek crossing the
Property and the retaining wall along Stone Valley Road had each been "rip rap and
headstoned" in such a way that led them to rely on their long term stability. In 1989, in
connection with the approval of subdivision 6703, the County widened Stone Valley
Road at the east Round Hill entrance, added a median and a left-hand turn lane, added
a 6-foot horse trail (widening Stone Valley Road a total of 26 feet), ;and changed the
naturalflow of the creek by causing it to make a 90-degree turn as it exited the
Property and contacted the southern boundary of Stone Valley Road. These activities,
and in particular the change in alignment of the creek, have resulted in increases in
volume and velocity of water flow across the Property, and resulting damage to the
Property.
SF 1:FK3\OTHER\TGW\61087357.1
050198 -2-
During years of below normal rainfall levels, no flooding was
experienced on the Property. However, starting in 1995, when rain levels increased to
or beyond normal levels, serious flooding began to occur following significant
rainstorms. Substantial flooding has occurred since 1997, resulting in additional
damage to the Property. Recent damage includes destruction of the retaining wall
running along Stone Valley Road and the pool area of the Property, loss of 4 mature
trees (3oak trees and 1 redwood), scouring to various widths along the length of the
creek as it runs through the Property, the loss of rip-rap and headstoning and
supplemental sandbagging along the Property.
In 1995, the claimants notified the County and/or the Mood Control
District of flooding that had occurred on the Property during rainstorms that year.
Representatives of the County and/or the Flood Control District met with the
claimants to discuss minor clean-up measures to remedy creek flooding and soil
erosion on the Property and debris removal from the creek. The Property experienced
additional flooding in 1997.
In June, 1997, various County employees, including Phil Bachelor,
County Administrator, Maurice M. Shiu, Deputy Public Works Director, and Dean H.
Eckerson, Senior Civil Engineer, met with the claimants to discuss alternatives to
3F 1:FKJ\OTHER\TGN\61087357.1
050198 -3-
rectify the persistent erosion which had steadily worsened since 1995. During that
meeting, the County employees acknowledged liability for damages at the point where
the creek exits the Property, including scouring and erosion. The County agreed to do
some repairs at that location and along Stone Valley Road. The County denied
responsibility for damages at the entry point of the creek to the Property, and refused to
undertake measures to repair that damage.
Among the County's proposed solutions to the erosionproblem were the
construction of a culvert along Stone Valley Road and/or the installation and use of
gabion cages along Stone Valley Road. In each case, the County's representatives
indicated that the County would not implement corrective measures on the Property
itself, but would agree to share costs with the claimants for the culvert project
improvements to be made along the southern boundary of Stone Valley Road.
In November of 1997, after employing a hydrologist to study the
damage, the claimants discovered that the damage caused at the creek's point of entry
to the Property was the direct result of the change in course of the creek.
Despite notice of the damage to the claimants' Property, the County
(including the Department of Public Works), and the Flood Control District, have
SF 1:FKROTHER\TGW\61087357.1
050198 -4-
ell
failed and refused to take steps to remedy the situation. The County;has failed to and
continues to fail to perform adequate maintenance on the creek, to prevent clogging
and diversion of the flow of water resulting from accumulated debris and other
consequences. Thick vegetation along portions of the creek maintained by the County
affects runoff into the creek and results in an accumulation of silt in the creep, fznrther
altering the flow of water into and through the Property.
The result of all of the actions and inaction described above is the
creation and maintenance of a dangerous condition on public property adjoining the
Property, trespass and nuisance upon the Property, and damages resulting from
negligence.
Damages sustained to date exceed $100,000. Jurisdiction over this claim
would rest in the Superior Court for Contra Costa County.
All notices and other communications with regard to this claim should be
sent to Kristen A. Jensen, Sheppard, Mullin, Richter& Hampton, Four Embarcadero
SF I:FKJ\OTHER\TG SV\610873 57.1
050198 -5-
......
Center, Suite 1700, San Francisco, California 94111.
Dated: May 5, 1998
Respectfully Submitted,
Fran and Harris Leck
By
RSHEP 'sten . Jen
PARD,
MUL CHTER a
HAMPTON LLP
Attorneys for Claimants
SF I+KJ\OTHER\TGW\61087357.1
050198
..................................................
PROOF OF SERVICE BY CERTIFIED MAIL
I, the undersigned, declare that I am, and was at the time of service of the papers
herein referred to, over the age of 18 years and not a party to the within action or proceeding. My
business address is Sheppard, Mullin, Richter& Hampton, Four Embarcadero Center, 17th Floor,
San Francisca, California 94211, which is located in the county in which the within-mentioned
mailing occurred. I am readily familiar with the practice at my plaice of business for collection and
processing of correspondence for mailing with the United States Postal Service. Such
correspondence will be deposited with the United States Postal Service on the same day in the
ordinary course of business.
On May 5, 1998, I served the following document(s):
CLAIM OF FRAN AND HARRIS LECK AGAINST CONTRA COSTA COUNTY
(INCLUDING WITHOUT LIMITATION THE CONTRA COSTA COUNTY
DEPARTMENT OF PUBLIC WORKS)AND THE CONTRA COSTA
COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT
by placing a true copy in a separate envelope for each addressee named below, with the name and
address of the persons served shown on the envelope as follows:
Clerk, Beard of Supervisors Clerk
County of Contra Costa Contra Costa Public Works Department
652 Pirie Street 255 Glacier Drive
Martinez, CA 94553 Martinez, CA 94553
Contra Costa County Flood Control and
Water Conservation District
Attn: Mr. Bill Galston
100 37th Street, Room 270
Richmond, CA 94805
and by sealing the envelope and placing it in the appropriate location at my place of business for
collection and mailing with postage fully prepaid in accordance with ordinary business practices.
Executed on May 5, 2998, at San Francisco, California.
I declare under penalty of perjury under the laws of the United States of America that
the foregoing is true and correct and that I am employed in the office of member of the bar of this
Court at whose direction the service was made.
Jennie Chin
SF 1:FK.110THERITGW\610873 57.1
050198 -7-
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CLAIM - Amendment
Elm AO guns Z 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 ducurnent mailed to you is your
California Government 'Codes. 1 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 nate all "Warnings".
AMOUNT: $2,000,000
CLAIMANT: Pamela M. Maria
ATTORNEY: DATE RECEIVED:
ADDRESS: 1978 Alvina Drive BY DELIVERY TO CLERK ON: May 5, 1998
Pleasant Hill CA 94523
BY MAIL POSTMARKED:
L FROM- Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
PHIL BATCHELOR, erk
Dated: May 6, 1998 By: Deputy
II. FROM: County Counsel TO: Clerk of the Board of Supervisors
( } This claim complies substantially with Sections 910 and 910.2.
} This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The
Board cannot act for 15 days (Section 91.0.8).
( } Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of
claimant's right to apply for leave to present a late claim (Section 911.3).
{ ) Other:
Dated: By: Deputy County Counsel
III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2)
{ ) Claim was returned as untimely with notice to claimant (Section 911.3).
BOARD ORDER: By unanimous vote of the Supervisors present:
This Claim is rejected in full.
{ ) Other:
I certify t at this is a. true and correct copy of the Board's Order entered in its minutes for this date.
Dated: ! % __ PHIL BATCHELOR, Clerk, BY
="61
Deputy Clerk
WARNING (Gov. code section 913)
Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited
in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an
attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so
immediately. ' For Additional Warning See Reverse Side of This Notice.
AFFIDAVIT OF MAHING
I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United
States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully
prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above.
Dated: '., By: P141L BATCHELOR. By Deputy Clerk
CC: County Counsel County Administrator
x.
CIAIM yl
BOARDLOESUffRUSORS OF CONTRA 0051A CALMORNIA
RAO -—June: Z, 19
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 Cores. } 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: $ 2,000,000 IRMCUMVM
CLAIMANT: Pamela Moore ATEA MAY ! 5 1998
Pamela M. Maria COUNTY COUN$EL
ATTORNEY: DATE RECEIVED: MARTINEZ CALIF.
ADDRESS: 1978 Alvina Dr. BY DELIVERY TO CLERK ON: —Inlay 4, 1998
Pleasant Hill CA 94523
BY MAIL POSTMARKED:
1. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
PHIL BATCHELO , Clerk
Dated: May 5, 1998 By: Deputy. 41inx -�--�
11. FROM: County Counsel TO. Clerk of the Board of Supervisors
{ This claim complies substantially with Sections 910 and 910.2.
( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The
Board cannot act for 15 days (Section 91.0.8).
{ ) 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: 6Z By: �;�' Deputy County Counsel
III. FROM. Clerk of the Board TO: County Counsel (1) County Administrator (2)
( ) Claim was returned as untimely with notice to claimant (Section 911.3).
IV. BOARD ORDER: By unanimous vote of the Supervisors present:
{ ) This Claim is rejected in full.
( ) tither:
I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date.
Dated: PHIL BATCHELOR, Clerk, By , Deputy Clerk
WARNING (Gov. code section 913)
Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited
in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an
attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so
immediately. *For Additional Warning See Reverse Side of This Notice.
AFFIDAVIT OF MAILING
I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United
States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully
prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above.
Dated: By: PHIL BATCHELOR By Deputy Clerk
CC County Counsel County Administrator
May 4 , 1998
Clerk, Board of Supervisors of Contra Costa County
651 Pine Street, loom 1.036 RECEIVED
Martinez, CA 94553 MAY 5
0 fiUtMlwRVISORS
CONTRA COSTA CG.
Enclosed please find a corrected copy of the original. document.
7n paragraph #1 January 1997 has been corrected to read January
1 , 1998, this was a typographical error.
Yours very truly,
Pamela M. Maria
1978 Alvina Drive
Pleasant hill , CA 945 ,3
April 30, 1998
RECEIVED
MAY 4 1992
Clerk, Board of supervisors of Contra Costa Cour y 1 4"-/9X7'*C
651 Pine Street, Room 106 CLERK BOARD OF SUPERVISORS
Martinez, CA 94553 CONTRA COSTA CO
Re : CLAIM AGAINST COUNTY (MERRITHEW MEMORIAL HOSPITAL)
ALSO KNOWN AS REGIONAL MEDICAL CENTER
DONALD KENT HOBERT, M.D. , Neil Jayasekera, M.D. RECEIVED
JAMES TY,SELL, M.D. , Dorothy Carin, M.D. , MAY 51998
CLERK BOARD f SUKRViSORS
Contra Costa' Health Plan and Does 1-100 CONTRA TACO.
4C.nd
You are hereby notified that Ms . Pamela Moore AKA pamela
M. Maria claims damages in the amount of $2 ,000,000.00.
This claim is based on the medical malpractice, and negligentcare
received at Merrithck Memorial Hospital AKA4e;ional. Medical
Center. Ms . Moore was under the negligent care and treatment
of Drs. Hobert, Jayasekera , Tysell , Carin and Does until
December 31 , 1997, when she changed health plans can January 1
3998. Negligent acts by Dr. 's Hobert , Jayakesera Tysell,
and Caron include , but are not limited to negligence in
surgery, diagnosis and treatment. Negligence against the hos-
pital and the health plan includes the negligent inadequate
hiring, support and supervision of surgeons assisting surgeons ,
physicians nurse practitioners and nurses and the inadequate
maintence of staffing and egquipment levels .
Unknown to Ms. Moore , Dr.Hobert and assistants performed
negligent surgery on Ms . Moore in May of 1997. Ms. Moore suffered
complications including but not limited to gastrointestinal pro-
/
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May 4; 19{38
I
Clerk, Board of Supervisors of Contra Costa County EC
�iREIVED
651 Pine Street, Room 106
Martinez, CA 94553
AY 5 PM
FF SUPEW
A CO CO.
Enclosed please find a corrected copy of the original document.
In paragraph #1 January 1997 has been corrected to read January
1 , 1996, this was a typographical error.
Yours very truly,
Pamela M. Marisa`
1976 Alvina Drive
Pleasant hill , CA 945 ,3
April 30, 1998
EE ..,..
MAY 4 10o 81
Clerk, Board of supervisors of Contra Costa Coun y
651 Pine Street, Room 106 CI.ERKBOARD OFSUPER.I C)R-,€
Martinez, CA 94553 COWRACOS'TACQ.
Re : CLAIM AGAINST COUNTY (MERRITHEW MEMORIAL HOSPITAL)
ALSO KNOWN AS REGIONAL MEDICAL CENTER
DONALD KENT HOBERT, M.D. ? Neil Jayasekera, M.D.
JAMES TYSELL, M.D. , Dorothy Carin, M.D. ,
Contra -Costa' Health Plan and Does 1-100
You are hereby notified that Ms . Pamela Moore AKA pamela
M. Maria claims damages in the amount of $2 ,000,000.00.
This claim is based on the medical malpractice and negligent care
received at Merrithew Memorial Hospital AKA�'is
ic+nl Medicail
Center. Ms . Moore was under the negligent care and treatment
of Drs . Hobert, Jayasekera, Tysell , Carin and Does until . . .
December 31 , 1997, when she changed health plans in January
1997 . Negligent acts by Dr. ' s Hobert , Jayakesera Tysell ,
and Carin include, but are not limited to negligence in
surgery, diagnosis and treatment. Negligence against the hos-
pital and the health plan includes the negligent inadequate
hiring, support and supervision of surgeons assisting surgeons
physicians nurse practitioners and nurses and the inadequate
maintence of staffing and egquipment levels .
Unknown to Ms . Moore , Dr .Hobert and assistants performed
negligent surgery on Ms. Moore in May of 1997 . Ms . Moore suffered
complications including but not limited to gastrointestinal pro-
blems , dizzyness , 'headach-eg,extreme hot flashes and sweats ,
weakness, and feeling ill . Dr—Hobert affimativea)y misrepresented to
Ms : Maria- that the complications were not caused by the surgery.
Other staff and Does negligently diagnosed and treated her .
Never at any time did the doctors and staff at the hos-
pital and clinic reveal that she had suffered any ill effects
from her surgery and treatment at the hospital and clinic
surgeons or any other staff member. It wasn' t until April 20, 1998
that she learned she had suffered pulmonary collapse , digestive
complications, either during or following surgery in the hospital
and that she had also had endometriois which could account for
the high level of CA 125 11 in her blood, of which Dr. Hobert
incorrectly used as a diagnostic tool in diagnosing a possible
ovarian cancer, which caused Ms . Moore much unneccary pain and
suffering and to undergo much -rrzre extensive surgery than
r•equ-ired for her condition. Dr . Hobert also denied that she
had endometriosis even though she was checked for that condition
during her dilatation and cuttarage surgery in March of 1997.
Dr. Hobert denied the presence of any endometriosis . Dr . Hobert ' s
failure to offer any alternatives to this surgery is also considered
negligence or malpractice . At all times her primary care physicians
Dr ' s Tysell and Carin and Does claimed she was just a "slow healer"
depressed with a possible hormone inbalance. These problems either
would have not occurred or have been minimized had she been correctly
treated . Besides major depression she is also suffering from
Post-traumatic stress disorder due to her treatment at the county
facilities and by their doctors. she has incurred much out of
pocket expenses due to her incompetent trk=:a:t�.i<.;nt at the �vurty
an^ i;iore yet to come , lost a year of school time and suffered
great financial loss.
This letter is also 90 day notice of intent to sue for medical
malpractice . (CCP 364) All notices or other communications
should be sent to the undersigned .
Yours very truly,
amela M. Maria
1978 Alvina Dr.
Pleasant Hill , CA 94523
DATE: 5/14/97 MERRITHEW MEMORIAL HOSPITAL TIME: 04: 10 1
PAGE: 1 OF 1 WORKSHEET
Name: MOORE , PAMELA M MR#: . Patcom
Sex/Race: F W - WHITE NO Admit/Disch: 5/05/97 5/08/97
Birthdate: 11/10/1955 Attending: 307058 JAYASEKERA, NE Mr
Admit Source: 61 - PHYS REFERRAL/H Prin. Service: SUR - SURGICAL I/P
Admit Type: 53 -- ELECTI Readmit: 00 - NEW ADMISSION
Dx Stat: D - HOME OR SELF CARE
F/C: HK - HP PVT PAY/50% Abstractor: MRC.KLEINF
DRG: 358 - UTER/ADNEX PR,NON-MALIG W CC
Dx Cde Description
1. 218.2 SUBSEROUS LEIOMYOMA
2. 997.4 DIGESTIVE SYSTEM COMPLIC
3 . 518.0 PULMONARY COLLAPSE
4 . 617.0+UTERINE DOMETRIO S I S
5. 620. 1 C-6-9-PUS LUTEUM CYS ��
6. 620.8 NONINFL DIS OVA/ADNX NEC
7 . 626.2 EXCESSIVE MENSTRUATION
Date Proc Description
1. 5/05/97 68. 3 SUBTOT ABD HYSTERECTOMY
2. 5/05/97 65.49 OT UNILAT SALP-OOPHORECT
*** WORKSHEET ONLY ***
____ ______________
Attending Physician Date
2500 Alhambra Ave.,Martinez,y94553r�2ct/
Hye-Kyung Kim,M.D. , Dir. of Laboratory Services
MARTINEZ FINAL - OUTPATIENT SUMMARY REPORT
Patient: MOORE" PAMELA M. CContinued)
F******************************-****REFERENCE LAB RESULTS****
Day 1
Date JUN 4
Time 1123 Reference Units
-aCA125 fU t0.0-35.0.) C7/ML
�Nt4 4e
r E
p V-0 V
c t v
Specimen: 97:B0011911R Collected: 06/104/94-1130 Statue: COMP Req#: 00671052
Received: 06/04/97-1132 Source: URINE Sp Desc: CC
Subm Dr: Siegel,Jennifer,M.D.
Ordered: URINE CULT.IND
> Final. 06/05/97
COLONY;COUNT:: 20,000CFU/ML
Organism 1
ETES: (a) ORIGINAL REFERENCE LAB.REPORT IN CHART.
Patient: MOORE,PAMELA M Age/Sex: 41/F /4
. . :....., rtCrt n/tCr FiL+ tltJax L 1'HL AND HEALTH CENTERS Name: MOOF E,PAMELA M
Ph #: 510-827-3152
DOB: 11/10/55 Sex F
Y12AGNOiTIC 'IMAGING DEPARTMNT Loc. CHC
REPORT PCP: Tysell,James,M.D.
PCs: CONC
Ordering MD: Reynolds,Vera,FNP '
-
Order Date: 02/21/9741" _dt # r
Order Time: 1315 '" ? L_„: -` 14
'(J
SERVICE DATE: 02/21/97
SERVICE TIME: 1315
PELVIC 'CTLTRASgmw
CLINICAL 'INFORMATION: Lower abdominal pain, irregular menses.
The corpus uterus is enlarged. Posterior to the endometrial canal and producing
anterior curvature of it is a 4.5 cm. mildly heterogeneous mass consistent with a
leiomyoma. Far posteriorly beneath the serosa is a second mass measuring 2.5x2 cm. in
diameter. Adjacent to and behind the lower uterine segment on the right is a purely
transonic, that is cystic, mass measuring 7.5x6.5 cm. The left annexa is not imaged.
CONCLUSION: 1. Leiomyomatous corpus uterus.
2. 7.5 cm. right ovarian cystic mass. This is compatible
with a myriad of entities including neoplasia.
FREDERICK M. FOLEY, M.D.
T4,_
FOLF :CPR
D&'T':19970222 1610 DIAGNOSTIC IMAGING REPORT
Page 1 of 1
.,.SDAY, FEBRUARY 18 1998 C S v w F5
Y . tricky cancer-dtcctm team
Q.In late 1994 I had a CA 125ing heart health,and you passed
blood test done.The results came wy with flying colors.Your bundle
back normal. # branch block does not point to se-
Almost three years later,I had qt rious heart disease. leo remedy is
another CA 125,with a reading of needed.The prognosis is good.
22. Q:Please discuss epilepsy.What
IViy doctor is not concerned, is the life expectancy of someone
stating that anything under 35 is DR. PAUL G. DONOHUE on daily medications for his entire
UIS.Does a person wait for a For Your Good Health life?Is epilepsy hereditary?
reading of 35 before being _ A.Epilepsy carries a small risk,
alarmed?Then,wouldn't it be too of premature death. Seizure con
late? Because of your anxiety,you trot and avoiding risks-such as
I am 45 years old and in great should get another opinion.To put ladder climbing—greatly reduce
health other than fibroids on my you at ease,the second doctor the chances of epilepsy-related
uterus. might recommend an ultrasound of deaths.Most people with epilepsy
Should I consult another doc- your ovaries. enjoy a long and productive life.
tor? Q;I had an isotope stress test. Furthermore,the risk of an
A.`IIALCA.12Uziwd test4smut The diagnosis was left bundle early death depends on what's
recommended as a st branch block.Any remedy?frog- causing the epilepsy.If it's an un-
fa y an It gh o nosis? treatable brain tumor,life undoubt-
ma,�se- ositive results. - A;The heart's right and left edly will be shortened.If it is the
b Vic 1 ections,live bundles are like telephone cables more common kind of epilepsy,
ease and en oetr s s canc that ring a bell in the heart's lower without a known cause;the threat.
chambers,the ventricles.When the of early death is remote.
The test is a valuable tool for bell sounds,the ventricles pump Heredity plays an unclear role.
following women who have been blood out of the heart. Infrequently does a parent transfer
treated for ovarian cancer.A rise A blocked transmission in either epilepsy to his or her child. How.
can indicate a return of the cancer. bundle doesn't affect heart pump- ever,unusual varieties of epilepsy::
When a woman without cancer ing,because the signal takes a de- are more tightly linked to heredity
risks takes the test,she faces a tour to bypass the blocked bundle. Epilepsy evokes unfounded fears.
dilemma.A number greater than A left bundle branch block is Epilepsy control is feasible today. tri
r 35 could indicate cancer.However, more serious than a right block,be- fact,there are a number of profes---
with so many false-positive tests, cause it can indicate heart damage sional athletes who have epilepsy t
many women with elevated levels due to high blood pressure or an in- Let me know what provoked "
have been put through a battery of sufficient blood supply to the heart. your question,will you?
confirmatory tests,most often un- A left block also can develop in the -
necessarily. setting of a heart valve problem. Write to Dr. Donohue,c/o the
You would have been better off You,however,had a stress test, Times, pt}, Box 8099, Walnut
never having had the test. one of the best ways of determin- Creek, CA 94596-8099.
Karen . Leo, M.D.
5?+44 Mt. Diabto Blvd., Suite tn5
Lafayette, California 94549
March 11, 1998
Dear Dr. dock,
I am writing, as we discussed, at the request of Pamela Maria whom I have
recently seen for purposes of psychiatric evaluation. The patient states that she
was emotionally well until May, 1997 when she underwent a hysterectomy and
unilateral oopherectomy at Merrithew Hospital. The surgery was performed for
relief of severe dysfunctional uterine bleeding and a large ovarian cyst.
The patient admits that she was panicked prior to surgery, fearing that she
might have cancer because of the finding of an elevated NP 125 level. She
describes her experience in the hospital as very traumatic. She pays for a
private health care plan, however the contract calls for hospitalization at the
county facility. She found it a frightful place,.got very poor sleep during her
admission and felt that she was given inadequate pain relief post-operatively.
Within weeks of her surgery, the patient developed symptoms including
depressed mood, anxiety, feelings of alarm, insomnia, hot flashes, sweating,
nausea and vomiting, and dizzyness. She felt a sense of resignation, became
socially withdrawn, had self-deprecating thoughts, low physical energy and
thoughts of suicide. The suicidal ideation has diminished from,its original
intensity.
She also reports experiencing "shaky vision" wherein her visual field seems to
be unsteady, a sense of things appearing to be unreal., sounds seeming extra
loud. She admits to an increased startle response. Since her surgery in May
she has lost twenty pounds. She was found to be anemic, an evaluation at the
Menopause Clinic in Berkeley yielded a diagnosis of ovarian failure.
The patient has been treated with Premarin, which was poorly tolerated, and
unsuccessful trials of sertraline, nefazadone, and imipramine. Currently, her
only medication is clonazepam 1.0 mg hs. The patient states that she is in
weekly psychotherapy with Bruce Ellerbee (she is unsure of his discipline).
My diagnostic impression is of m;Ljor depression and post-traumatic stress
disorder referable to her hysterectomy. Certain individuals suffering from post-
traumatic stress can appear character disordered simply on the basis of that
acute diagnosis. Successful early treatment of PTSD in such cases will
ameliorate or eliminate the characterologic picture.
4
My treatment recommendations include ongoing attempts to find an effective
and well-tolerated antidepressant for this patient, adequate interim an.,dety
management and continued efforts at hormone replacement. The HRT will act
synergistically with the antidepressant medication. 17-beta estradidl crosses
the blood-brain barrier, is centrally active; this would be my suggestion for a
next try. Either venlafaxine or fluoxetine are good choices for next
antidepressant trials. I have prescribed venlafaxine for the patient to try,
beginning at 25 mg bid. Continued psychotherapy should be paired with
psychopharmacotherapy.
If there are further questions, please feel free to contact me.
Sincerely,
Karen J. Leo, M.D.
Cc:
Dr. Janet Lin
Dr. Judith Hartmann
,4 f f
,/ hk 9
IF OF
;i
ri �'<
by a^t^..cid
A respected doctor's hasty
��� :�r
diagnosis cost a loving , ..- {j r , `:
;.
mother her fertility. Could i
this shy woman find the
courage to speak out
against him—and get the
justice she deserved?
Cane*r, u n. re ; �
ljr MtAtl gi lrAMt : $nprema Caurt 3ustlor iVishol"a*- ftft waa admkted fbr axplot, "It"ahoufd havecon
3wvu+wfa.tvsar :afaate. rtar7rfartrsrltq arylQpB,auddoC- a(laorteofaaueetbbioknasloGrfvffaiher 1 '
A htrreott that a itt oekfMa ..,.3tsriaa R>w viae!e when her torr.tetd her that tom# 1 hra3 oa»eer. of her ahtlib'W hwo mora ehtidrrra,"• 1
-+- --^•'" -a��!„+, ,++�xo -Y Iret w1rl�» s toffYi told her in tPN- they were 'x;01;1 to remove +rvrry. Bwn*wd. t -
,.•u"':'%�. 'm,mber#9yi mot she baf en ovarfan tlhityL"`Bbfoolatk acid. 11'#atWW has two ahltdran,and rtfd r` "
+xR#.i'►ftffauibeta�Lwtesrad, 'lttikY a Durtaq the7an.#+1 avErr+ry.Lawfs �ewaa#ry4agtahavamoro. ti 1i
total hYalaraetomy.ra• im for tba hwpttrd weed"not
.vMoma�n for aSYMn�tebtisaftf sha i j `':.: .:
»...
,IiY DAI{tNA KLATSKY, AS TOLD 7'O ELIZABETH `t'EN#sR __ eemmenttwawia.ttu3was :` j :
All myiife I've been soft-spoken, traditions of Orthodox Judaism. heart,which causes a buildup of fluid.
I consi.<!er it a minor victory when We married and moved to a largely The doctors said my chest tissue was
waiters in`restaurants don't ask me to Orthodox community in Brooklyn, having a delayed reaction to the radi-
talk louder.But five years ago,when I James became a lawyer.and I worked ation treatments I'd undergone 13
was 36 years old,a medical misjudg- as a radiation therapist,a field I was years before,and they cut a window
meat changed my life,and I felt com- introduced to during my illness. into my pericardial sac so the fluid
pealed to confront a leading cancer But my heart,I soon discovered, could dissipate into my body cavity.
specialist in court.I was speaking for was in motherhood,When I was preg- The crisis overstressed my Dreg- x
many women---and it gave me the nant with our first child,Mordechai,I nancy,and my baby girl,Ilisheva, j
courage to find my voice. was astounded by the bliss of feeling was born by cesarean section ten
A wary health crisis,and the hurt move. I couldn't wait to have weeks early
st: . Luckily she was
cure ar that would haunt t more babies,and three years later,an- healthy---and the cuddliest baby any
other child was on the way. mother could hope for.I prayed that 4�
My story started in 1976,when I was Five months into that pregnancy, my health problems were over and ,A
a 20-year-old college student.One though,I received terrible news.My looked forward to having more kids.
day I found a lump in my neck. My only brother,Andy,had died in an ac- s"
doctor diagnosed Hodgkin's disease, cident.James and I rushed to my par- After a small setback,terrible trews:
acancerof the lymph nodes,and I un- encs'side, During the tett days we 'Tou have cancer again"
derwent three exhausting months of stayed with them,even in my grief I Eighteen months passed without
radiation on my chest and abdomen. couldn't help noticing how bleated my getting pregnant a third tune: *
After the treatment the cancer and breathless I was."You're going to James and I consulted doctors at the
never returned,and the next few years the doctor!'James finally insisted. Center for itcltrttdtrcttvc Medicine at
were wonderful. I met an attractive I arrived at the emergency room The New York litspital-Cornell ( `
young man,and we fell in love,James just in time for the doctors to save my Medical Center,who determined that „
Klatsky was smart and sensitive,and life.I had developed pericarditis,an I was ovulating sporadically and that Y
like me, he was drawn to the rich inflammation of the sac around the James's sperm count was low.If he 0-
72 M CALL'S I APRIL 1998
AT
µ f
(nvtrtirlicia:rtetnpcat i} (Me"ndaz(*1*4 CMW)
Tt�rftestt bet#„?5�'r lbpit�t p's!!M1 iL16% � >'
.,
FOR TOMAL USE.t7Nt.Y
(NOT FOR OPHTHALMIC USE) � ya
Brief Summary 4
INOMATIONS AND USAGE:
METROGEt- Top?cat Get and METROCREAM Topical
Cream are indicated for topical application in the treatment of 1
Inflammatory papules and pustules of rosaces_
CONTRAIN10tCATIONS: } `
METROGEL Topical Get and METROCREAM Topical Cream
are comraindivated In inrlhiduals with,a history of hypereen-
sitrvity to metronkfazote,parabens,or other ingredients of the
formxrfations.
PRECAUTIONS: 3
General:
Topfcai metronidazole has been reported to cause tearing of
the eyes,Therefore,contact with the eyes should be avoid-
el if a section suggestln local kritation occurs,patients
should be directed to use the medication lass frequently or
discontinue use. Metronidazole is a nifrolnidazoto and f 1 f
should be used with care In patients with evidence of or his- i
tory of blood dyacresis.
information for patlents: . '•'
These medications are to be used as directed the physician. x j
They are for external use only.Avail contact with the ayes. ✓ j
Drug interactions: J
Oral metronidazole has been reported to potentiate the anti- ff +�
coagulant effect of wartarko and coumarin anNcoagul",
resulting in a prolongation o(prothrombin time.The oftect of t '
topical malronkWoie on proNrcombtn time is trot known 4
Csrctnagor"s,mutegenssts,impairment of 1"Ity:
Metronidazole has shown evidence of carcinownic activity
in swumber of sdss irwofvfchrttic,oral administration
in mine and rats but not in studios Involving hamstem.
Metronidazole has shown evidence of m6Aagenic activity in
several in vitro bacterial assay systems.to addition,a dose- ` !
response Increase in the frequency of micronuclei was ! ;
observed In mica after intrapeNkxreal Inectktrts, and an
increase In chromosome aberrations has beenrsppoo�oartd in
patients with Crohn's disease who were treated faith'00.1200
mgtday of metrondazole for t to 24 months.However,no
excess chromosomal aborr kens in ckaifating human lym-
phocytes have been observed In patients treated for 6 months.
w'.
Pregnancy:reralpganic Meets:P:egrrar>cy rafagory 6 ,s
There are no adequate and woo-controited studies with the
use of METROGEL Topical Gel or METROCREAM Topical
Cream in pregnant woman.Metranldazote crosses the pla-
cental bonier and enters the fetal circulation rapidly.No tato- CCI tttiaaaG�C�frC)fl2 7 )
loftily was observed after oral metronidazole in rats or mice.
However, because ammaf reproduction studies are not had a minor operation, they ad- gest you have your Cancer surgery
alwaye predictive of human response and since metronk a- }
zdlehasbeen&1~tobeacarci ogeninsomerodents,the vised,and F took a drug that regu- here."The message was clear: You
drug Nursing rnathers:ar baused drrrl,gpregnar,cyonly rldleadyr,aadad.
Nurfates ovulation, we stood a good have cancer Shaken,I asked what
N
After oral administration,metmnldazoleIssecreted inbreast chance of having more children. my odds of survival were, He
mirk int concentrations sellar to topically
apple the plasma. We were hopeful but decided to put replied that ovarian cancer had a
Even i ft Diced tavola with iopl:aNy applied matronida• Ti I> p
zee are s fficantiy lower than toss achieved affair oral the treatment on hold temporarily, better cure rate in 1992 than
administration,a decision should be made whether to dis-
continue nursing or to discontinue the drag, taking Into since Janies wanted to switch jobs Hodgkin's disease had in 1976,Be-
account
the Impedance of the drug to the mother.
Pediatric seand we needed to know if our insur- fuddled from shock.I asked again '
Safety and effectiveness in pediatric patients have net been ante would cover the procedures. about my chances.Dr. Lewis be-
establish .
REACTIONS: In late 1992 1 became bloated came annoyed."Just ask her,"he r
Inaomroe«tcunnkaftrials,the total Incidenceofadverse raw- again.My gynecologist examined said curtly, painting to his col- f
tions associated with the use of METROCREAM Topical
Cream was approximately IV.,Skin discomfort tbuming and me."You have a lot of fluid in your league,and abruptly left the raoni. ..
stinging)was the most frequently reported event followed by abdomen, an ytmr-left -ovary k
erythema,skin irritation,pruritus,and worsening of rosacea. rn@ pQtp►s 1±I}8t IBt��}g With
All individual events occurred in less then 3%of patients. seems Io,ll�tve ft Cyst Oil it,"he said. y
The fotfowingadverse experiences have been reported with "The G St could be bent n- blit it anger and sorrow""and also a
the topical use of metronidazole:burning,skin Irritation,dry- Y....._ g ..
nese.transient redness,metallic tests,I"Ifing or numbness could also_be drialiitant."Terribly sneaking suspicion �
of extremities,and nausea. r
DOSAGE AND ADMINISTRATION: worried,I decided to get a Second I had the operation on January 14,
Apply and rub in a thin film ofMETROGELTopical Got orthin opinion at Memorial Sloan-Ketter- 1993, When I awoke hours later,
layer of METROCREAM Topica!Cream twice daily,morning
and evening,to entire affected areas after washing with a mild ing, the famous cancer center James took my hand."No cancer, vs
W SUPPLIED: where I'd trained in radiation ther- Davina,,,he said. No cancer?Joy
METROGELTtocalGalta.75%motronidazole)issuppifedina apy.A service referred me to John and relief washed over nee. But
I oz.(28.4 be-Nfnurrt -3835.0c a d5zeandaasg Lewis,M.D„a pioneer in neco- lands seemed odds subdued.
akrminum tube•NDC tYlA9.3335-a5 F� gy y
METROCREAM Topical Cream((176%metdazofe)isst,, logical-cancer surgery. "You've had_.a hysterectomy,"he
Storage gaaumnomtiORE A COUTROLLE. A week later I arrived at Sloan- added."A hysterectomy?But wh ,
Storage r:ondttlons: STORE AT CONTROiLED ROOM y
TEMPERATURE:$9'to 66'1:(IS'to 30'C). Kettering.A female doctor took a if I had no cancer?"James didn't
ceuflon:ladarallaw pmia dispensing Without a medical history and did a partial have an answer for me. He said
GAtDERMA I exam.While I had my feet in the he'd had a roundabout conversa- 8.
stirrups,Dr.Lewis entered.He hur- tion with Dr. Lewis that had left
Marketedriedly introduced himself,asked him baffled.Only one thing was
GALDERMA Laboratories,Inc,
Rme a few questions and then per- clear to us 1 would Clever again
ALDMA
Fort Wodh,Texas 76133 USA, formed a pelvic exam. have another child,
Manufactured e Afterward we had aconsultation. Over the text few days m loss
DPTLaboratdxfas,Inc. y�' y
San Antonio,Texas 78215 USA. "You have a problem that needs to crept over trip-.Once I tried to ques-
ALDER is a registered trademark- be fixed,"Dr.Lewis said."I sug- tion Dr.Lewis about what had hap-
July
74 McCALL'S l APRIL 1998
pewdd. He tnastily fended the off. X111 0I WWool
---
"You idiot!You ought to be delighted
you don't.have ovarian cancer!"he is i
said.I lay there seething.
After I returned home I told friends '
what had happened.and they in tura i
told my story to their gynecologists.
Opinions filtered back to me, and ,
they were unanimous.When a doctor
operates to check out an ovarian cyst,
the ovary is immediately rushed to
the lab for a "frozen section"'--a
biopsy that takes 20 minutes and hap-
pens while the operation is in
progress.The doctor does a total hys-
terectomy only if the biopsied tissue >I
is shown to be malignant.That Dr. r
i�
Lewis had decided to perform a total
hysterectomy on me without evi-
dence of cancer was very strange!
James requested copies of my med-
ical reports from the hospital. Scan- tion: "The right ovary and fallopian I needed to sets several different �
ning them, we saw that my cystic tube were sent for..,frozen sec- doctors in the next few months for
ovary and a lymph node were indeed tion....We then proceeded with total complaints that were related to my
sent out for a frozen section during abdominal hysterectomy...."Noth- pericarditis,and I showed theta the
my surgery. The biopsies were ing indicated that Dr. Lewis had hospital reports.The doctors said that i
marked"Benign."We react the record waited for the biopsy results.Could Dr.Lewis had good reason to suspect
of what had happened in the opera- he have just gone ahead? (continued on p. 80) 0-
'+� ' m�
Sav $250on.an
y,
UlnaPures .
e
Of 09datty mnrli`ed
Packages'of
(MOOS cm be A*ad an 99CWty mafi¢d pod ages oCMda CwkFes) � 4
t
s
• breakfast, i
I� dF
we may
shortl- on
i f
ye i
timeill
but w re
When you don't have tithe to eat right, Ensure i..:
} b t, rc 4,
treat-tasting occasional ureal. Drink it for bretki'ast, r
Ranch or as ct shack. ssa!
nevershoft
on A source of complete,balanced nutrition,each
can of!Insure is lacked with more protein than an
egg,as much calcium as a glass of milk,50%,of the
recommended daily intake of Vitamin C,and 251%or
nutntion more of the recommended daily intake of 22 other
vitamins and minerals
Ensure is the nutritional supplement doctors #1 DOCTOR hcomMEN m)
recommend#1. NUTRITIONAL SUPPLEMENT
■REAL LIFE
(conli`nued from p. 75) off bone loss and vaginal dryness. In straightforward. A hysterectomy
that I had ovarian cancer:The fluid in our close-knit community large€ami- should not have been performed with-
my abdomen was a strong indication, lies are both highly valued and very out laboratory evidence. 3r.Lewis
and a blood chemical called SEA- common;it seemed to me that every- was guilty of malpractice.The de-
125,.aacanFx..tttaxker,htrilSeen elegy. where there were painful reminders fense attorney,in turn,claimed that i
vated.But both o€these rrohlems are j that I was somehow different, was abnormally terrified of cancer
afSO symptoms cif because I'd had it
had madet e tziI. woman whose av before,attd that I had
nn tueto re- wanted a hysterec-
pctri.in. is
tomy Furthermore,
history.ivory sin- r � v d awahe rded $4,9M tomy snolossbe-
g�e doctor _ tomy was no loss be-
sulted agTee.&.tlrat_ ABrooltly wc►man whom doctor mnoveddher re uctivexorganswithout cause Junes and I
tot ah stereGtotx7tes t,-wait totiznidoutifshe•hadrwaaewarded 4pinllionyeaterday couldn't have ltttd
sfiiiul-d nevexhi. py t the jurors were able too seg and feel the pain that€have trtore children an
la'- h in the past four years,"said Davina Kliitsky,who was 36 at y-
fciriiied untjt clear evjdenc e of " 44tfon, way.Would l be able
cancer is found E7noXen sticJ..ftz.rne, Xt?hn Lewis Jr.,rotired chief of gytieonlacal on
�4n Hospital in Manhattan, acted irrespwsib to convince the jury
"'Phis is mlrac tick.' and fallopian tubes four years ago. this was all untrue:i
lames-an-d I dee ided to pay a visit to The next day,ter-
Hunter Shkolnik at the law firm " rifled, I took the
Rheingold, 'Valet and Rheingold, Putting my case--and my stand.My memory sometimes went
which specializes in medical malprac- courage--to the teat blank. Fortunately,though,Hunter
tice.Fie reviewed our complaints and During the 1996 winter holidays and I made our main points before the
agreed to take on our case. Lawsuits Hunter called with news about the defense attorney took his turn quer-
require years of preparation,though, trial."We're on----the second week in tioning me.Dr.Lewis's lawyer tried
and in the meantime I returned to January,"lie informed us. to establish my"abnormal"cancer
"normal life."But nothing about my On the first day in court,January 7, terror.At one point I was almost led
life was normal anymore.I was meno- the lawyers made their opening stone- to say that Jamcs and I had given up
pausal at 36,taking estrogen to stave ments. I-lunter's presentation was on having any more children.
$Q ivir{'At,1;S F Af'trtf,199$
"
0,i q
w
Later on,Dr.Lewis,who was now accepted medical practice in the per- Late that night the New York Post
retired, testified. He was wearing formance of this hysterectomy?"The called and asked me for a comment
a down jacket and looked far less forewoman answered: "The jury The next day CBS and Fax carne by
intimidating than he had in a white votes_S to 1-----yes."The judge then the house for video interviews.
lab coat He said I'd had many signs asked,"Does the jury find there was Strengthened by the jury's affirma-
�"`' of cancer,he'd been sure my ovarian a lack of informed consent,and was tion,I was not nearly as jittery as I
q.¢ ' cyst was malignant and that the main that a proximate cause of injury?'" might have been.When I saw myself
purpose of the biopsy had been to de- The forewoman said that the jury had speaking on the news that evening,I
term ine what kind of cancer I had. voted yes,unanimously."And what is felt proud of my newfound poise.
xsc<L More than
After that
the medical a year has
evidence was
assed stare
w� presented. i
t he SCOOPOlm hat verdict.
didn't have In a subse-
Get
a clue as to quem hearing,
exactly what odor Con the$900,f the
000tro
the jury was 13evto portion
award that
making of had been as-
the informa- My sessed as
�" tion.Then the tiro>�6'Fr
a� s ,uJames's corn-
< defense pro- y <r {
r y <y pensation for
duced several
witnesses of z3< <.< his pain and
<° >< suffering was
3: � •�`� �. reduced to
t
all, liotl) at- Y�l
^" V' :: torneys made a _. $50,000.
....• their summa- And an ap-
peal against
tions. "The
k the remain-
s Klatskys
. want you,Eo : , ing award is
second-guess ,. underway,so
wb the doctors, James" and
the defense I probably
yr
lawyer said. t 'i` ' - q1Y�'yftfi` won't seethe
tz D o c t o r s awl k ; J money for a
can't practice ti}`fY °r long time, if
Y with peoplejsx ever.But get-
looking over #;€,sly.j } ;x f ting cornpen
} :r Y< ,usk7 ibis aai t satton is no
their shoul
longer the ts-
ders."Then it
sue.I want to
ln
was Hunter's
turn to speak. ' " uQQ� , ," r work to help
"The defense i7 bring greater
K attorney says j e $Q�`Cing Soda Clumping LI C!1' sensitivity to
Dani sec- women's re-
:' and-guess • Clumps Harder and Paster . productive-
a zF s,�«smotr' health care.
�.
doctors"' he • Worlds Most Proven Deodorizer •mss
Recently
.. as I
e x p l a i n e d. Destroys Odors5 ort Contact '°"` ,
a "But that's �; was reading
"
what the jury Odors Before They a story to Eli-
system is For: Can Escape Into Your Home , sheva about
to monitor • 99010 Dust Free — Low Tracking a little boy,
K *st I became
people in an teary eyed.
tharity who Super I >ir � r? ' odor 'w "Whyare
..s abuse their
power. 911"
O 1948 Church&IIveight Co.,fnc. you crying.
The jury Elisheva
deliberatedfar almost three clays.Lin the dollar amount of the damages you asked me. "I wish I could have
Januar 27,the da the verdict came wish to award the plaintiffs,Davina another child like you and Mor-
down,.lames was handling a crisis at and James Klatsky?"said the judge. dechai,"I said. "Well,when I grow
work. I was sitting with a girlfriend "Four point nine million dollars,"the up,I'!1 have tots of boys and girls,and
a by my side when the judge asked the forewoman replied. they'll be your children too," she
x forewoman,"First,does the jni-y find The courtroom erupted.I staggered replied. I held her close and prayed
' there its a departure front goad and to the nearest phone to call James. she'd get her chance.a
APRIL 1998/WCALL'S 81
C:'%v,q
CLAIM
SEp is OF 5DNMA COST. CO s CALWOMIA�
WARD ACTiJune Z 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. } notice of the action taken on your claim by the
Board of Supervisors. (Paragraph IV below), given
pursuant to Government Code Section 993 and
915.4. Please note all "Warnings"
AMOUNT: $2000.1. plyc01111VIEM)
CLAIMANT: Dana Matteri/Phyllis Wood MAY r- 8 199$
COUNCOUNSEL
ATTORNEY: DATE RECEIVED: MART�♦� � UF.
�lfi7:1 t4''Fie���li—s
ADDRESS: 5030 San Pablo Darn Road #9 BY DELIVERY TO CLERK. ON: May 7, 1998 _ -
El Sobrante CA 94803
BY MAIL POSTMARKED:
L FROVL Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
r`
PHIL BATCHELOR,,' Jerk
Dated: May 7, 1998 By: Deputy
H. FROM: County Counsel TO: Clerk of the Board of Supervis
KThis 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 fled late and send warning of
claimant's right to apply for leave to present a late claim (Section 911.3).
{ ) Other:
Dated: -� fl / By:� _ Deputy County Counsel
M. 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 refected in full.
( ) Other:
I certify t at this is a true and correct copy of the Board's Order e tered in its minutes for this date.
Dated: PHIL BATCHELOR, Clerk, By Deputy Clerk
WARNING (Gov. code section 913)
Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited
in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an
attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so
immediately. *For Additional Warning See Reverse Side of This Notice,
AFFIDAVIT OF MAILING
I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United
States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully
prepaid a certified copy of this Board Order and Notice to Claimant addressed to the claimant .as shown above.
Dated: By: PHIL BATCHELOR B ! tij7eputy Clerk
CC: County Counsel County Administrator
Clain to: BOARD OP SUVERi►ISORS OF CONTRA COSTA COVNTY C r P-V
ZNOTRUCTIONS eco CLAIMANT
X, ro tlaims 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, crust 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, 1998, 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 Cade 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, Cts 94553.
C. If claim is against a district governed by the Board of Supervisors,
rather than the County, the game of the District should be filled in.
D. If the claim is against more than one public entity,'; separate claims
must be tiled against each public entity.
E. ErAU' . See penalty for fraudulent claims, Penal Code Sec. 72 at the
and of this form.
�>rr��r���r�s�rrr,r�+�sr`#rrf�►��,���,�r►#,��r������r►a�+���t,t�,��a#f�,�e#s*�+�t�t►+�R,�#+t�cr#*�r��r
RE: Crim By __ &served for Clerk's filing stamp
RECEIVED ..
r
Against the Count of Contra Costa)
' IL7 _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 ir, the sun of
d s. _ ort of thisJlaim reprfsents as follows: ,
1. when did a damage or injury oc ? (Give exact data and hour)
2. where id the damage or in ury occur? 11 1qlude city ar$d count}
3. Now did the damage or njury'occur? (G a full detailst use extra
paper if requir d)
4. whatrt cu on on or district
pa i .lar act or omission the part of county
officers servants or employees c ed the injury damage?
cz.
�.�
(over)
5. What are the names of county or district officers, servants or
employees causing the damage or injury? <
164'llal 'O A I
6. whfit damage or juries do you claim resulted? (Give f l extent
of injuries or damages claimed. Attach two estimates for auto
damage. )
7. How was the amount claimed above computed? (Include the estimated
amount of any
prospective injou r damage. �, �J� ..
Ct �.
S. Names and addressesLof wi nesse , doctors and hospdtiis.
9. List the expenditures you made on account of this accident or
injury.
AMOUN
Gov. Code Sec. 910.2 provides
"The claim must be signed by the
y claimant or by some person on his
"
Name and Address of Attorney
.j
f y/f a f fs ' k.k
)
(Claimant's Sig atu i )
s (Address) .g
Telephone No. ) Telephone No:--- r05 -3
XOTICE
Section 72 of the Penal Code provides:
Every person who, with intent to defraud, presents for allowance
or for payment to any state board or officer, or to any County, city
or district board or officer, authorized to allow or pay the same if
genuine, any false or fraudulent claim, bill, account, voucher, or
writing, is punishable either by imprisonment in the county jail for
a period of not more than one year, by a fine of not exceeding one
thousand ('$1,000) , or by both such imprisonment and fine, or by
imprisonment in the state prison, by a fine of not exceeding ten
thousand dollars ($10,000, or by both such imprisonment and fine.
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CLAIM
BOARD QF SUP12YISOJIS Of CONTRA QQSTA WINTY CALMMIA
BM AOS June 2 1998
Claim Against the County, or District Governed by }
the Board of Supervisors, Routing Endorsements, l NOTICE TO CLAIMANT
and Board Action. All Section references are to } The copy of this document mailed to you is your
California Government Codes. I 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: not less than $2000
MAY
CLAIMANT: Lavora Pratt
COUNTY COUNSEL
ATTORNEY: DATE RECEIVED: MARTINEZ CALIF.
ADDRESS: 2136 Ahneita Drive BY DELIVERY TO CLERK ON: May 8, 1998
Pleasant Hill CA 94523 '
BY MAIL POSTMARKED:
L FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
PHIL BATC LOR, Clerk
Dated: May 8, 1998 By: Deputy
H. FROYI: County Counsel TO: Clerk of the Board of Supervisors
{ ) This claim complies substantially with Sections 910 and 910.2.
{ } This claim PAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The
Board cannot act for 15 days (Section 910.8).
{ } Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of
claimant's right to apply for leave to present a late claim (Section 911.3).
( ) Other:
Dated: By: Deputy County Counsel
M. 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.
Dated: � PHIL BATCHELOR., Clerk, By Deputy Clerk
WARNING (Gov. code section 913)
Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited
in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an
attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so
immediately. *For Additional Warning See Reverse Side of This Notice.
AFFIDAVIT OF MAILING
I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United
States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully
prepaid a certified copy of this Board Order and Notice to Claimant, 34dressed to the claimant as shown above.
Dated: :} By: PHIL BATCHELOR By uty Clerk
CC: County Counsel County Administrator
Claim to: HOARD OF BtTMVISOU OF CONTRA COBTA COSY
' A. Claims relating to causes of action for death or for injury to person
or to personal property or growing crops and which accrue on or before
December 31, 1987, must be presented not later than the .100th day
after the accrual of the cause of action. Claims relating to causes
of action for death or for injury to person or to personal property
or growing crops and which accrue on or after January 1, 1988, must
be presented not later than six months after the accrual of the cause
of action. Claims relating to any other cause of action must be
presented not later than one year after the accrual of the cause of
action. (Gov't Code 911.3.)
B. Claims must be fired with the Clerk of the Board of Supervisors at its
office in Room 186, County Administration Building, 651 Pine Street,
Xartiner, 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. Eads See penalty for fraudulent claims, Penal Code Sec. 72 at the
end of this form.
t�r��r��e►+e�r�trtr*,e��r*+e��r��►�r��#�r�,r�r+e�tr�,r�+estr�,e�*�r�rtr�rr��#s����t��re�rr,ea,t�f,r:tr��
RE: Claim By Reserved for Clerk's filing stamp
V 0 riq /��I-
ffAgainst the County of Contra Costa)
or )District(Fill in name ) ce Rxeon' c� vts3
c0tTRA CIS-,Co'
The undersigned claimant hereby makes claim against thWile
Count
�
Contra Costa or the above-named District in the sum of
and in support of this claim represents as follows:
I. when did the damage or injury occur? (Give exact date and hour)
1,14V (-a , I V65 1 .,,r
2. ere did the damage or injury *;G7=? (Include city and county)
` eyy-t-me 1 C -
3. Now did the or dame a
g injury occur? Wive full details, use extra
paper if required)
case, vrir� n s - b� a4AL on
4. at particular act orJomission on a part of county or 'diac rictrr1�
officers, servants or employees caused the injury or damage?
ct
� U-a5 'e' 106b 4k my +0e ,
s t) ( lam T3
sv�� rover)�' !
5, What are the names of county or district officers, servants or
employees causing the damage or injury?
j o
6, What dame a r injuries do you claim resulted? (Give full extent
of injuries or damages claimed. Attach two estimates for auto-Vai -
rl t tt' f k"`t, 1 i i'7- ' W14
7. Sow was thelamoUft claimed above computed? (Include the estimated 07e,
amount of any prospective in ury or damage.) -7-�4-s/9 �S
t1 ' S. Names and addresses of itnessesc, doctors and hospitals. �1
'
rg S� 10 7)O • T1 3
9. list the expenditures you made .on account of this accident o
,37rx to injury. AMZMT
a�7e4�s
} Gov. Code Sec. 910.2 provides
} "The claim must be signed by the
}
claimant or by some person on his
s "
Name and Address of Attorney }}
f `
} (claimant'sSignature)
} (Address)
' 5--q57
Telephone No. ) Telephone N .
+�s��►�,��,�s�r+r�+r"�#���+�trr���ra����,�*���.�r��sr�w�r�tr�►rr�►r ��►�r �,�,��,►*�r#�rt��,t�*
XOTICE
Section 72 of the Penal Code provides:
Every person who, with ir;tent to defraud, presents for allowance
or for payment to any state board or officer, or to any county, city
or district board or officer, authorised to allow or gay 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 stats prison, by a fine of not exceeding ten
thousand dollars ($10,000, or by both such imprisonment and fine.
CLAIM '
DAM June 1998
Crim 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. } notice of the action taken on your claim by the
Board of Supervisors. (Paragraph IV below)' given
pursuant to Government Cotte Section 913 and
915.4. Please note all "Warnings"
AMOUNT: $ 50,000
CLAIMANT: Arthur Schwartz on behalf of
Benjamin M. Schwartz (minor)
ATTORNEY: Arthur Schwartz DATE RECEIVED: r
Law Offices of Fisher & Hurst LLP
ADDRESS: 353 Sacramento Street BY DELIVERY TO CLERK ON:
San Francisco CA 94111
BY MAIL POSTMARKED: May 5, 1998
I. FROM: Clerk of the Beard of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
PHIL BATC OR, Clerk
Dated: May 6, 1998 By: Deputy
H. FROM County Counsel TO: Clerk of the Board of SuIrervisors
{ ) 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: �/7
10 _ By: Deputy County Counsel
M. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2)
( ) Claim was returned as untimely with notice to claimant (Section 911.3).
IV. BOARD ORDER: By unanimous vote of the Supervisors present:
This Claim is rejected in full.
{� Other:
I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date.
Dated: Q � _ PHIL BATCHELOR, Clerk, By "= ��:.3.deputy Clerk
WARNING (Gov. code section 913)
Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited
in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an
attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so
immediately. *For Additional Warning See Reverse Side of This Notice.
AFFIDAVIT OF MAH ATG
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 claimhnt as shown above.
Dated: By: PHIL BATCHELOR By eputy Clerk
CC: County Counsel County Administrator
LAW OFFICES OF
FISHER 8 HU ST LLP �
363 SACRAMENTO STREET � �
SAN FRANCISCO, CALIFORNIA 94111
TELEPHONE (415) 956-8000
FACSIMILE(415)398-1182 f
t3 OF it'S
May 5, 1998 A Ct)s'�p►co.
Clerk of the Board of Supervisors
County Administration Building
651 Pine Street, Room 106
Martinez, CA 94553
Re: Claim by Arthur Schwartz, on behalf of
Benjamin M. Schwartz, a minor
Date of Accident: April 25, 1998
Location: Livoma Park, Alamo, CA
Dear Sir/Madam:
Enclosed are original and two copies of a claim by Arthur Schwartz, on behalf
of Benjamin M. Schwartz, a minor. Please file the original and return a conformed copy in
the envelope provided. Thank you for your prompt attention to this matter.
Very Y Y
� a
r
ARTHUR S WARTZ
AS:pk
Enclosures
Claim to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY
INS'T'RUCTIONS TO CLAIMANT
A. Claims relating to causes of action for death or for injury to person or to per-
sonal property or growing crops and which accrue on or before December 31., 1987,
must be presented not later than the 100th day after the accrual of the cause of
action. Claims relating to causes of action for-death or for injury to person
or to personal property or growing crops and which accrue on or after January 1,
1988, must be presented not later than six months after the accrual of the cause
of action. Claims relating to any other cause of action must be presented not
later than one year after the accrual of the cause of action. (Govt. Code §911.2.)
B. Claims mast be filed With the Clerk of the Board of Supervisors at its office in
Room 106, County Administration Building, 691 Fine 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
Arthur Schwartz, on behalf of }
}
Benjamin. M. Schwartz, a minor.
Against the County 3Fntra CcYsta
1
or
}�*�,ts+S24t {�F7MT Cf'tY YV'4i�wY.
District}
ZFITT In n }
The undersigned claimant hereby makes claim against the County of Contra Costa or
the above--named District in the sum of $ 50,000 and in support of
this claim represents-as folk :
1. When did the damage or injury occur? (Give exact date and hour)
April 25, 1998 at .about 11:30 a.m.
2. Where did the damage or injury occur? (Include city and county)
Livorna Park, Alamo, CA
3. How did the damage or injury occur? (Give full details; use extra.paper if
required) Benjamin, age 11, jumped up to grab a horizontal bar on the park's
play equipment. The bar was loose and turned in Benjamin's hands causing him
to fall to the ground.
YIFI �� i40M.Ib...ww.ai�MY.M.w+iw.Mw.+..+.al+yW..wM�M4+wYnww.+r
4. What particular act or omission on the part of county or district officers,
servants or,employees caused.the injury or.damage?
Failure to tighten the .hor�zontal bar or place' a- warning'sign there about its
dangerous condition.
(over)
wnat are the names of county or district officers, servants or employees causing
the damage or injury?
Unknown at this time. The horizontal bar was inspected by the County's
Liability Claim Manager, Ran Harvey, after the accident. Mr. Harvey confirmed
the bar's dangerous condition.
S.� What damage or�injuries do you claim resulted? (Give Hall extent of injuries or
damages claimed. Attach two estimates for auto damage.
Fracture to right (major) arm, just above the wrist.
7. How was the amount claimed above computed? (Include the estimated amount of any
prospective injury or damage.)
Medical bills still being received. We estimate total at approximately
$5,000. Extent of any permanent injury is unknown.
S. Names-and addresses of witnesses, doctors and hospitals.
Witnesses: members of Benjamin's Little League team (names can be supplied) and
some of their parents. Treatment at John. Muir Hospital Emergency Room and Gregory
Hahn, M.D. (Alamo, CA) .
9. List the expenditures you made on account of this accident or injury:
DATE ITEM
None as yet. Pi119 forthcoming.
.
Gov. Bode Sed. 910:2 provides:
"The claim must be signed by the claimant
SEND NOTICES T0: (Attorney) 0 r b is.behalf."
Name and Address of Attorney
Arthur Schwartz r. Clai t'S Signatures (�
Law Offices of Fisher & Hurst, LLP
353 Sacramento Street, #900 116 Castle Hill Ranch Road
San Francisco, CA 94111 Address
Walnut Creek, CA 94595
Telephone No. (415) 956-8000 Telephone No. (510) 937-0227
* �F #FF A �E
NOTICE
Section. 72 of the Penal Code provides
"Every person who, with intent to defraud, presents for allowance or for
payment to any state board or officer, or to any county, city or district board or
officer, authorized to allow or pay the same if .genuine, any false or fraudulent
claim, bill, account, voucher, or writing, is-punishable either by imprisofiment in
the county jail�for a period of not more than One-year, by a fine of not exceeding
one thousand ($11400)0 or by both such imprisonment and fine,- or by imprisonment in
the state prison, by a fine of not exceeding ten thousand dollars ($10,000, or by.
both such imprisonment and fine.
......... .__._.... _........ ......_.. _
..... ........ . .. . ................._.. ........ ........ ......... ......... ..
Claim to: BOARD of SUPER'VISORS OF CONTRA COSTA C CUM
INSTRUCT ONS TO CLAIMANT
A. Claims relating to causes of action for death or for inJury to person or to per-
sonal property, or growing crops ,and which accrue on or before December 31, 1987,
must be presented not later U= 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 erops and which accrue on or after January 19
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 rause of action. (Govt. Code 5911.2.)
B. Claims must be filed with the Clerk of the;Board of Supervisors at its office in
Room 1069 County Administration Build ngt;b51 Pine streetsMairtinez" CA 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 thanonepublic entity, separate claims must be
filed against each public entity.
E., Fraud. See penalty for fraudulent claims, Penal Code Seca 72 at the end of this
rar m..
RE: Claim By 1 Reserved for Clerk's filing stamp
Arthur Schwartz, on behalf of
Benjamin M. Schwartz, a minor. � .
IgaInst t unty of Mn—tm Costa }
or )
District)
.MM M.w.`�4� MY..�HO.WWi.Y�Ml.l11 IIII�YI
The =Wersigned claimant hereby makes claim against the County of Contra Costa or
the above-named District in the SUM of $ 50,000 .,� ,� _ and in support of
this claim represents-asfollvws'a
1. When did the damage car injury occur? (dive exact date and hour)
April 25, 1998 at .about 11:30 a.m.
2. 'Where did the damage or injury' s? (Include city and qty)
Livorna Park, Alamo, CA
M
3. How did the damage or injury oeeur7 (Give full details; use extra paper if
required) Benjamin, age 11, jumped up to grab a horizontal bar on the park's
play equipment. The bar. was loose and turned in Benjamin's hands causing him
to fall to the ground.
4. What particular act or omission on the part of county or district officers,
servants or .employee3 caued. the injury or.damage
Failure to tighten the horizontal,-bar or pl.ace-&-_warni.ng'sign there about its
dangerous condition.
(over)
7. Wnat are the names of county or district officers, servants or employees causing
the damage or injury?
Unknown at this time. The horizontal bar was inspected by the County's
Liability Claim Manager, Ron Harvey, after the accident. Mr. Harvey confirmed
the bar's dangerous condition.
5. What damage or injuries do you claim resulted? (Give full extent of injuries or
damages claimed. Attach two estimates for auto damage,
Fracture to right (major) arm, just above the wrist.
7 How was the amount claimedabove computed? (Include the estimated amount of any
prospective injury or damage.)
Medical bills still being received. We estimate total at approximately
$5,000. Extent of any permanent injury is unknown.
3. Names and addresses of witnesses, doctors and hospitals.
Witnesses: members of Benjamin's Little League team (names can be supplied) and
some of their parents. Treatment at John Muir Hospital Emergency Room and Gregory
Hahn, ,M.D. (Alamo, CA).
9. List the expenditures you made on account of this accident or injury.-
DATE
njury:DATE ITEM AMOUNT
None as yet. Bills forthcoming.
� 1F � a♦ it � � e �t .� * IF � IF * * � � -� �F.� � * N � � iF 1k � it 4 � � !F * It � � � iF � 1E
Gov. Cade Sec. 910:2 provides:
"The claim must be signed by the claimant
SEND NOTICES TO: (Attorne ) oris.behalf."
Name and Address of Attorney
Arthur Schwartz g t s Signature �77�'( '�r--
Law Offices of Fisher & Hurst, LLP
353 Sacramento Street, #900 116 Castle Hill Ranch Road
SGYY Francisco, CA 54:11 --
'(—Ad �—.""""'""""
ciress"�
Walnut Creek, CA 94595
Telephone No. (415) 956-8000 Telephone No. (510) 937-0227 e
a * e * e
NOTICE
Section 72 of the Penal.. Code provides:
"Every person who, with intent to defraud, presents for allowance or for
payment to any state beard 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 finei'"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.
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