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HomeMy WebLinkAboutMINUTES - 05041999 - C12 ........................... CLAIM Rid OF SUIPERYLSORS OF COhrTRA COSTA COITNTY. CAIHMNLA BOARD ACTIMay 4, 2999 Against the County, or District Governed by ) .,te Board of Supervisors, Routing Endorsements, } NOTICE TO CLAIMANT and Board Action. All Section references are to ) The copy of this document rneiled to you is your California Goverm-ent Codes. I notice of the action taken on your claim by the PBoard 31 of Supervisors. IParegraph IV belovul, Oven rsuant to Government Code Section 913 and APS 0 5 1999 915.4. Please note all "Warnings". AMOUNT: Unspecified COUN I� t+uuoEL CLAIMANT: Karin E. Morris; Eve See 1VlAR`f1N1Z,CALIF. ATTORNEY: DATE RECEIVED: April 5, 1999 ADDRESS: C/o Kate Wells BY DELIVERY TO CLERK ON: April 5, 1999 Attorneys at Law 2600 Fresno Street BY MAIL POSTMARKED: Hand-delivered Santa Cruz, CA 95062 L FROM: Clerk of the Board of Supervisors TO,. County Counsel Attached is a copy of the above-noted claim. PHIL BAT IELOR, Clerk Dated: April 5, 1999 By: Deputy 01 IL FROM: County Counsel TO: Clerk of the Beard 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: B Deputy County Counsel 96Z 44 4 6 M. FROM: Clerk of the BoardTa County Counsel (1) County Administrator (2) { ) Claim was returned as untimely it mice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present: This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: � 2 PHIL BATCHELOR, Clerk, By r r , Deputy Clerk WARNING (Gov. code section 13) 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: )My, - �6 By: PHIL BATCHELOR By dl Deputy Clerk CC: County Counsel County Administrator _Clain to: HOARD OF SUPERVISORS OF CONTRA COSTA COUNTY �t$TRIICTIONB TO CLAIMANT A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or before December 31, 1987, must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or after January 1, 1988, must be presented not later than six months after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Gov't Code 911.2 . ) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553. C. If claim is against a district governed by thp 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. ,tt�#��*+���*��*rt�r*��,r��t,tis*,���t,�s�t*��rt�r���*#tt*��r�r�*��t�*��+��►�*a�*�***t��**� RE: Claim By Reserved for Clerk's filing stamp KARIN E. M0RR1S : EVE SEE ) i Against the County of Contra Costa) APR 0 5 1999 t or ) CLERK BOARD OF SUPUl' District) CONTRA 0051CO. (Fill in name) dt0.1re r ) The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ Unknown at and in support of this claim represents as follows: present . 1. When did the damage or injury occur? (Give exact date and hour) January 17 , 1999 at approximately 1 : 00 p .m. 2. Where did the damage or injury occur? (Include city and county) Pleasant Hill Road 1000 feet North of Rancho View Road 3. How did the damage or injury occur? (Give full details, use extra paper if required) Ms . Morris lost control of her auto at a place in the road where there was a dangerous curve and no barricades . Her car went off the road ant down _n__emhankmPnt and hit.-a_trge_. 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damsel Contra Costa County has been negligent in that the design 2nJ conditioi of the road is inherently dangerous and the County was aware of the danger and failed and refused to remedy the situation: to wit : no barricades , poor grading that allows water to pool on the road ; no signage to warn of the danger ; no signage to slow down . (over) 5. What are the names of county or district officers, servants or employees causing the damage or injury? The identities of the persons responsible are not known . 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. ) Ms . Morris was in a coma for two weeks . She suffered massive head trauma . Her prognosis is uncertain at present . Her mother , Eve - 8e rit 7 . How was the mou ars c aims above compute nc u e e es nmated amount of any prospective injury or damage. ) The amount of damages is unknown at present as the injuries are ongoing. S. Names and addresses of witnesses, doctors and hospitals. Emergency room staff and doctors at John Muir Medical Center, Walnut Creek; Kaiser Permanente . Officer R. Arroyo ; and a witness listed in the Police Report named Lira (no further information) . 9. List the expenditures you made on account of this accident or injury. HATE TIiIE AMOOT Unknown at Present . Petr+r*t��t�+r�r�rte�+��rrr������,r*�it�r:*�t�+►,�*+r�e�,r���*�**+�+wc►���t��*������t�r���r► Gov. Code Sec. 910.2 provides } "The claim must be signed by the claimant or by som rson on 9EIND NQj T!2,. -b2half Name and Address of Attorney } KATE WELLS } f c Attorney at Law ) (claim ntIs gnatu ) 2600 Fresno Street } Santa Cruz, CA 95062 ) } (Address) (831 ) 479-4475 } } . Telephone No } p ) Telephone No. NOTICE Section 72 of the Penal Code provides: Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, city or district board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is punishable either by imprisonment in the county jail for a period of not more than one year, by a fine of not exceeding one thousand ($1,000) , or by bath such imprisonment and fine, or by imprisonment in ;:he state prison, by a fine of not exceeding ten thousand dollars ($18,000, or by both such imprisonment and fine. �IM r 0 -- BOARD OF SUTPERN ISORS OF CONTRA COSTA -CALIFORNIA BOAR CT1�111t May 41 1999 Maim 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. I notice of the action taken on your claim by the Board of Supervisors. (Paragraph IV below), given pursuant to Goverent Code Section 913 and 3 mi915.4. lease note all "Warnings, AMOUNT: Unspecified Cv wt ;k-" COUNSEL CLAIMANT: Karin E. Morris; Eve SAARTNEZ CAL". ATTORNEY: c/o Kate Wells DATE RECEIVED: April 1, 1999 Attorney at Law Aril 1 1999 ADDRESS: 2600 Fresno Street BY .DELIVERY TO CLERK. ON: P Santa Cruz, CA 95062 March 31 1999 BY MAIL POSTMARKED: March L FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PHIL BATCMOR.�- Dated: April 2, 1999 By: Deputy (/ I IL FROY4, 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: Ja Dated: By: Deputy County Counsel _ i IM FROIti: Clerk of the Board TO: my Counsel (i) 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;2LA �e /�1 PHIL BATCHELOR, Clerk, By puty Clerk WARNING (Gov. code section 13) Subject to certain exceptions, you have only six (b) 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. DAVIT OF bL41MG 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,�q 5 � By: PHIL BATCHELOR By �- Deputy Clerk CC: County Counsel County Administrator Gain to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRMIONII TO CLAIMANT 'A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or before December 31, 1987, mast be presented not later than the 100th day after the accrual of the cause of action. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or after January 1, 1988, must be presented not later than six months after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Gov't Code 911.2. ) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in 'Room 105, County Administration Building, 551 Pine Street, Martinez, CA 94553. C. If claim is again;t a district governed by trp B<iard of Snpervisors, rather than the County, the name of the District :should be filled in. D. If the claim is against more than one public ent'Ity, separate claims must be filed against each public entity. E. JEraud. See penalty for fraudulent claims, Penal Code Sec. 72 at the end' of this form. RE: Claim By Reserved for Clerk's filing stamp K RIN EMORRIS ; EVE SEE ) Against the County of Contra Costa) or v District) (Fill in name) ) � a The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ Unknown at and in support of this claim represents as follows: present . 1. When did the damage or injury occur? (Cure exact date and hour) January 17 , 1999 at approximately 1 :00 p .m. 2. Where did: the damage or injury occur? (Include city and county) Pleasant Bill Road 1000 feet North of Rancho View Road 3. How did the damage or injury occur? (Give full details, use extra paper if required) Ms . Morris lost control of her auto at a place in the road where there was a dangerous curve and no barricades . Her car went off the road and 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury pr damn e> Contra Costa County has been negligent in that the design nd condition of the road is inherently dangerous and the County was aware of the danger and failed and refused to remedy the situation : to wit : no barricades , poor grading that allows water to pool on the road ; no signage to warn of the danger ; no signage to slow down. (over) 5. What are the dames of county or district officers, servants or employees causing the damage or injury? The identities of the persons responsible are not known. 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. ) Ms . Morris was in a coma for two weeks . She suffered massive head trauma. Her prognosis is uncertain at present . Her mother, Ev+ see he 7. How was the amoun c Gime above compute 3Yc u e e es mated amount of any prospective injury or damage. } The amount of damages is unknown at present as the injuries are ongoing. a. Names and addresses of witnesses, doctors and hospitals. Emergency room staff and doctors at John Muir Medical. Center, Walnut Creek; Kaiser Permanente . Officer R. Arroyo ; and a witness listed in the Police Report named Lira (no further information) . 9. List the expenditures you made on account of this accident or injury. E TIME Unknown at Present . *aaa��►�r��r��r,�#��aaarr�aart,��*�*t***aaaa�a�r,��taa,�+�,��*��aa,�,��r�+kaa�e,�#a�a,�,� } Gov. Code Sec. 9103.2 provides } "The claim roc xst be signed by the } claimant or -,by so person on his Name and Address of Attorney KATE WELLS Attorney at Law } (Cl mant's Signature) 260€3 Fresno Street } Santa Cruz, CA 95062 } _ (Address) (831) 479-4475 } } } Telephone No._ } Telephone No._ �. NOTXCE Section 72 of the Penal Code provides: Every person who, with intent to defraud, prosents 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,t00) , or by both such imprisonment and fine, or by imprisonment in :he state prison, by a fine of not exceeding ten thousand dollars ($10,000, or by both such imprisonment and fine. XATX WELLS ktt*r'ney at Lew 2640 Fresno Street Santa Cruz, California 95062 Tel. (831) 479-4475 Fax. (831) 479-4476 March 31, 3999 Clerk of the Board of Supervisors County Administration Building X53 Pine Street, Room 106 Martinez, Calitbi'n"Ta` 94553- RE: Claim for Damages Claimants: Karin E. Morris; Eve See Dear Clerks Enclosed is the original claim for damages incurred by Karin E. Morris and her mother, Eve See, and a copy. Please file the original and file stamp the copy and return it to me in the enclosed self-addressed stamped. envelope. Thank --you for your 'attention to this matter. S iffd-d' e.. FAT ELLS cc clients S- k ¢t CA Yt' Q3 • .`3 � Ct Ct' ct 0 0 0 ti Km � N 0 rt f t 0 n 3 � tD tri tD C7 ft' CJ1 ria ft k st S R r P. tt N {D w ✓ 0 40 fit P.M t t•fi rt ft t-h Oft ti 0 to H 0 F'•rC3 ko �} kn 0 0 i7S 3 Cat m 1— 0 � t r+ j tt5 I CLAIM BOARD OF SUPERVISORS OF CONTRA QQ51A CY)IMM CALIFORNIA WARD AC11011E May 4, 1999 Claim Against the County, or District Governed by 1 the Board of Supervisors, Routing Endorsements, 1 NOTICE TO CLAIMANT and Board Action. All Section references are to 1 The copy of this docurnent mailed to you is your California Government Codes. ) notice of the action taken on your claim by the P Board of Supervisors. (Paragraph IV below, Oven pursuant to Government Code Section 913 and 915.4. Please rote all "Warnings". AMOUNT: In Excess of $50,000.00 COUNTY COUNSEL CLAIMANT: Loren Albert Bianchini MARTINEZ CALIF. ATTORNEY: c/o Dona E. Cohn DATE RECEIVED: April 1, 1999 Law Offices of Albini & Cohn ADDRESS: 654 Sacramento St. , 3rd Flr. BY DELIVERY TO CLERK ON: April 1, 1999 San Francisco CA 94111 BY MAIL POSTMARKED: Interoffice L FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PHIL BA .LOR, Clerk Dated: April 2, 1999 By: Deputy :tl. k`IUM: County Counsel TO: Clerk of the Board of Supervii6rs .� ( , } This claim complies substantially with Sections 910 and 914.2. ( \) This claim FAILS to comply substantially with Sections 914 and 914.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 914.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning ^f claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: By: HWputt' County Counsel IIL FROM Clerk of the Board unty Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). TV. BOARD ORDEEL• By unanimous vote of the Supervisors present: ()4-_ This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: O 9 PHIL BATCHELOR, Clerk, By , Deputy Clerk WARNING (Gov. code sectio 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 certifie�d/copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated:21 `T, 1'' v By: PHIL BATCHELOR By Deputy Clerk CC: County CounselCounty Administrator LAW OFFICES OF ALBINI & C©HN 654 SACRAINIENTO STREET THIRD FLOOR Dianna L.Albini SAN FRANCISCO,CA 94111 (415)217-5757 telephone Dona E.Cohn (415)217-5755 facsimile of Counsel Craig Miller William Weisberg March 29, 1999 Via Federal Express County of Contra Costa 180A ED Risk Management Department 2530 Arnold Drive, Suite 140 1999 Martinez, CA 94553 E VISOpS Re: Claim of Loren Albert Bianchini Dear Sir or Madam: Enclosed please find an original claim with a copy of the claim to be filed with your office. Please file and stamp date the copy and return to us in the self-addressed stamped envelope enclosed for your convenience. If there is any problem with filing this document before April 4, 1999, please immediately advise us by telephone at our office. Thank you for your cooperation and assistance in this matter. Very truly yours, If 144M, -X Maria M. Gonzalez Paralegal to DONA E.COHN CLAIM AGAINST THE COUNTY OF CONTRA COSTA 1. Claimant: Loren Albert Bianchini 2. Date of Birth: 06/15/54 3. Address of Claimant: 908 Badger Way,Antioch,CA 94509 4. Business Phone: (707)938-4716 5. Date of Incident: 10/04/98 6. Location of Incident: E. 18'h Street,Near A Street,County of Contra Costa,County of Contra Costa, State of California. Police Report#98-9325 7. Details of Incident: On October 4, 1998 Mr.Bianchini was traveling east on East 18`"Street when Daniel Barrow,travelling westbound on 18''Street,made an illegal left turn in front of Mr.Biachini. Due to the proximity of the tum,Mr.Bianchini swerved to avoid a collision and unexpectantly and without warning his motorcycle came into contact with a dangerous condition on the roadway. Said dangerous condition was a hole in the roadway caused by and/or created by construction. The hole in the roadway was repaired within a day or two after the accident. The County of Contra Costa,its agents and employees,negligently owned, supervised,planned,implemented,organized,removed,retrieved,managed,maintained,designed,constructed, and oversaw the roadway in such a manner so as to create a trap and dangerous condition for motorists traveling on the roadway. Further,the County of Contra Costa failed to warn motorists,including Mr.Biachini of the dangerous condition of the road. Negligence of the County of Contra Costa includes but is not limited to the above statements. As a direct result of said negligence by the County of Contra Costa,its agents and employees Mr.Bianchini sustained injuries and property loss and damages. 8. Injuries: Including but not limited to: Rib fractures, left shoulder,head,headaches,right knee,neck,back,contusions,bruises,lacerations,multiple other injuries according to proof,treatment is ongoing. 9. Economic Damage: Motorcycle damage -approximately$4,000.00 Personal Property- approximately$500.00 Wage loss due to loss of work—1280.77 per week times to present Total amount of expenses for medical treatment is in excess of$5,000.00 and continuing as treatment is ongoing for injuries. 10. Total Dollar Amount of the Claim: In excess of $50,000.00. 11. Appropriate Court Jurisdiction: Superior Court of Contra Costa 12. Signature of Clat nt or Represent Dona E.Cohn Attorney At LawT1 12. Dated: March 29, 1999 13. Send all Notices and Clams to: Dona E.Cohn LAW OFFICES OF ALBINI&COHN 654 SACRAMENTO STREET 3a°FLOOR SAN FRANCISCO,CA 94111 (415)217-5757 Telephone (415)217-5755 Facsimile C_/l C z-- CLAIM BOARTI OF SUPERUSORS OF CONTRA COSTA COU?'Mi CALEFORNiA BDARD CTlalt May 4, 1999 Claim Against the County, or District Governed by the Board of Supervisors, Routing Endorsements, I NOTICE TO CLAIMANT and Board Action. All Section references are to The copy of this coaurrent mailed to you is your California Government Codes. ) notice of the action taken on your claim by the Board of Supervisors. {Paragraph IV beloW, Oven � �� pursuant to Government Code Section 913 and .. 915.4. Please note all "Warnings". AMOUNT: Unspecified APR A 2 COUNTY CC)°U iN3 E L CLAIMANT: Sean C. Duffy MIARTINIEZCALIF. ATTORNEY: DATE RECEIVED: April 1, 1999 ADDRESS: 5511 Likens Avenue BY DELIVERY TO CLERK ON: Apri t 1 , 1()gg Martinez CA 94553 BY MAIL POSTMARKED. Interoffice L FROM: Clerk of the Board of Supervisors TOr County Counsel Attached is a copy of the above-noted claim. April 2 1999 PHIL BATC Clefk F4 Dated: p By: Deputy IL FROM County Counsel IU 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: B . Deputy County Counsel i III. FROM: Clerk of the Board lunty Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with otice to claimant (Section 911.3). TV. BOARD ORDER.- By unanimous vote of the Supervisors present: This Claim is rejected in full. Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: PHIL BATCHELOR, Clerk, By -- LAV Deputy Clerk WARNING (Gov. code sectio 13) 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. DAVIT OF MA.ILJNG 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:WAL, By: PHIL BATCHELOR By Deputy Clerk CC: County Counsel County Administrator Claim tq. BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY I INSTRUCTIONS TQ CL.�►I�AN 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 100* 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 crops and which accrue on or after January 1, 1988,must be presented not later than six months after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Govt.Code§911.2.) B. Claims must be Bled with the Clerk of the Board of Supervisors at its office in Boom 106, County Administration Building,651 Pine Street,Martinez,CA 94553. C. If Claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity,separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Cade Sec.72 at the end of this form. RE:Claim by ) Reserved for Clerk's Filing Stamp CA } Against the County of Contra Costa } RE ME* or APR 0 1 1999 District} CLERK BOARD Of SUP RV[SURS {Fill in Name} M AOSTA The undersigned claimant hereby mares claim against the County of Contra Costa or the above named District in the sum of S and in support of this claim represents as follows. 1. When did the damage or injury occur? (Give exact Date and Hour) 3`" 19 _ 99 -'Q5-- - -------- ----------------- 2. -Where did the damage or injury occur:' (include aty and County)-------------------__________________ �J c4rht U + . cr eche rl__ ,' -Gc 1� _Qatj__ate!` __ 3. How did the damage or injury occur? (Give tLll detach;use extra paper if required) 7 vi4.5 makr'n c E e - Cairtd r an a 9 e- Ake", hrff s ` t - y r'am � n C e m�"n y e-ed � f 4a _ 1 C' __ri bz�__.rw�__-I.1.d--c------------------------------------------------------ 4. What particular act or omission on the part of county or district officers, servants, or employees caused the injury or damage? (Over) S. 'Want are the names of county or district officers,servants,or employees causing the damage or injury;' f- J __--1 _� - cif.. �_________________________________________ & What damages or injuries do you Claim resulted? (Give f dl extent of injuries or damages claimed. Attach two estimates for auto damage.) r� rye r�p,E --- _tamGL __ c _r Vii. _ r __pry c; __ -1 .e----_y_n _ r_- _ 7. How Was the abtl a Claimed amount computed? (include the estimated amount of any prospective injury or damage.) ` __________________________________________ S. Names and addresses of witnesses,doctors,and hospitals. PI-e a—E .f 14i'd (Al q Sze 9. List the expenditures you made on account of this accident or injury. DATE UEM AiVit3UNT Gov.Code Sec.910.2 provides: "The claim must be signed by the claimant SEND NOTICES TO: (Attorney) or by some person on his behalf." Name and Address of Attorney 44M (Claimant' trje) L.------ Address) Telephone No. Telephone No. 21 — NOTICE Section 72 of the Pedal 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 boardor officer,authorized to allow or pay the same if genuine,any false or fraudulent claim,hill,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 dollars ($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 siss;;h imosonment and fine. CLAIM ROAM OF SUPERVISORS OF CONTRA Q1STA C MMM CALUDENLA B ARD ACTIDIk � x.999 Claim Against the County, or District Governed by ) the Board of Supervisors, Routing ErWorsements, ) NOTICE TO CLAIMANT and Board Action. All ection references are to 1 The copy of this document mailed to you is your California Goverment Codes. ) notice of the action taken on your claim by the T Board of Supervisors. (Paragraph IV belowl, Oven pursuant to Goverriffent Code Section 913 and APR 0 7 1999 915.4. Please note all "Warnings„ AMOUNT: Unspecified cauTv COUNSEL CLAIMANT:Celeste Chapman MARTINEZ CALIF. ATTORNEY: DATE RECEIVED: April 5, 1999 ADDRESS: 2645 Church Lane, #214 BY DELIVERY TO CLERK ON: April 69 1999 San Pablo CA 94806 Interoffice 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, Clerk f Bated: April 6, 1999 By: Deputy IL FROM: County Counsel TO: Clerk of the Board of Supervilfors {�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: T *WK lqqq Dated: By: County Counsel M. FROM: Clerk of the Boardunty Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with + tike to claimant (Section 911.3). IV, BOARD ORDEFL By unanimous vote of the Supervisors present: {�C} This Claim is rejected in full. O Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: PHIL BATCHELOR, Clerk, By , Deputy Clerk WARNING (Gov. code sectio 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 WL4RJNG 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 CONTRA COSTA COUNTY County Administrator Risk Management Division 2530 Arnold Drive, Suite 140 Martinez,CA 94553 0A—I,�j t April 1, 1999 RE D APR 0 5 1999 TO: Clerk of the Board CLERK BOAR}OF StUFERVISMS CONTEA CQjTA FROM: Ron Harvey, Assistant Risk ManagerlLiability SUBJECT: Celeste Chapman The attached Pre-Notice of Intent to Commence Action should be processed as a claim. The document was received in Risk Management of March 29, 1999 rh Roa Harvey CELESTE CHAPMAN 1-099 2645 Church Lane #210 San Pablo CA 94806 March 22, 1999 Lo Dr. William B. Walker M.D. MAR 2 } Contra Costa Health Services Director Senior Medical Director CONTRA OUNTY 20 Allen Street i1FALTN SFr, 7RATR Martinez, CA 94553 Re: Pre--Notice of Intent to Commence Action; Request For Referral To An Independent/Neutral Primary Care Physician And Gynecologist. Dear Dr. Walker: This is to inform you that within 180 days, this party will forward a Notice of Intent to Commence Action under CCP §364. , allowing the time specified in the statute; and shall at that time contain the legal basis of claim, type of loss sustained, and with specificity, the nature of the injuries sustained; so stated as required by the statute. Under CCP §364.1 this party will comply will the above section of code by sending a true and correct copy of the Notice of Intent to Commence Action to the Medical Board of California. This party does intend to file actions against Contra Costa Regional Medical Center, Richmond Health Clinic, Doctors Medical Center, Tenent Corporation, Contra Costa County Health Plan, and Dr. Dirk H. Van Meurs M.D. ; as named defendants for malpractice, elements of actionable fraud, intentional concealment in the records and files, negligent and intentional infliction of emotional distress. At such exact time, plaintiff will submit a Durable Power of Attorney, Durable Power of Health, and patient Advance Directive, for requirements rendered under CCP §§377.30; 377.31 , for actions to pass, and continuation of actions, in the event -1 - of circumstances untoward, natural or unnatural. Two hospitals, a full clinic, a health plan, and a primary care physician, all in communication with one another, all given full, direct, and absolute notice, of a verifiable condition, failed to correctly diagnose, treat, or respond to plaintiff 's condition, and knowingly failed and continue to fail to comply with state statutory requirements that records be accurate and complete. CC §1798. 18. Whereas this party has steadfastly given direct notice that the records and files do not accurately reflect the condition plaintiff suffered; whose side effects she is enduring now, nor do the records and files correctly demonstrate the positions of persons directly and indirectly involved, e.g. the diagnosis for surgery is knowingly incorrect, as is the name of examining physician. Plaintiff has no documentation of the true illness sustained. Plaintiff has nothing that denotes the nature and character of illness sustained. Plaintiff is in effect being treated for that which doesn 't exist, that which is being denied. Denied because plaintiff was allowed to hemorrahage too long. From October 1 , 1998 to December 24, 1998, plaintiff sus- tained a continuous loose emission, a free escaping of blood. Plaintiff hemorrhaged, and was allowed to hemorrahage, for two and one half months, save four days by injections. For two and one half months plaintiff had an unrestrained, unyielding, flow of blood; it never stopped emitting, not one minute of one day did it ever stop hemorrahaging, large amounts of bright red blood and thick dark purplish red clots continually oozed and squeezed out, never ceasing to abate. Plaintiff had no idea of what was wrong with her, and tried repeatedly to reach her primary care physician to admit her into the hospital for a diagnosis when everybody in the parking lot knew what was wrong. Plaintiff was eventually told that -2- she had fibroids or Cancer. Plaintiff had no knowledge of the nature of fibroid illness, or that fibroids would continue to grow. Plaintiff is a researcher, knows law and nothing else except that she was saddled with an event that was at once over- whelming and frightening, that she was continuously soaked with blood that dropped straight to the floor, soaked her clothes , bed and life. The insanity of which, plaintiff was repeatedly told she was just fine; statements of which "You 're not bleeding to death, your hematocrit and hemoglobin levels are just fine. " Everything was just fine on a white piece of paper in their hands; the bright lights of an examining room evinced a different story, their own examining table sheet was soaked everywhere with bright red blood and thick clots, and blood hit the floor before I could climb on the table. Plaintiff was reduced to a table of standards reading and nothing more. Bleeding is a priority. Hemorrahaging of this type was paramount, verifiable to the naked eye, known not to remain static, that without immediate intervention plaintiff 's condition would continually worsten. Plaintiff was repeatedly sent home, but not before nurses took it upon themselves to diagnose plaintiff, telling her "You ' ll have to have a hysterectomy, that 's the only way to stop it." Plaintiff was by now near hysterical at, the lack of any substantial effort to ameliorate her condition. Plaintiff is adamantly opposed to surgeries of any kind, for religious, secular and personal reasons; refuses such course of treatment, and the providers lack of immediate alternate intervention, or any intervention, was pushing this plaintiff toward a surgery she could not have. No physician had yet ever told me I had to have a hysterectomy, only that it was fibroids or Cancer. Plaintiff was beyond fatigue, at utter exhaustion, without car, without phone, without friends or family, totally singular, -3- unemployed from bleeding ulcers, on General Assistance and Food Stamps, of which GA had been revoked by Social Services ' own mistake, rendering no income for the months of October, November, December '98 until January 15, 1999 whereby plaintiff received $137. There was no income at all for this plaintiff during this period and plaintiff was too weakened to fight Social Services mistake until January '99. Had no money to take a bus or make a phone call . Plaintiff could handle no personal affairs, could go no place in her condition, was isolated, panicked by complaints deemed futile. For the first time in plaintiff 's life she was overwhelmed by circumstances and events she was neither familiar with, nor understood, nor could contain, nor had any control over whatsoever, nor any immediate legal remedy. She was simply, systematically ignored. A human being, dismissed in value. Plaintiff called again to the health plan 's advice nurse asking to be transferred to the County hospital, plaintiff had no means of transportation, no money. The advice nurse said there was nothing she could do, I would have to wait the perpetual weeks to see a gynecologist at the Richmond Clinic, goodbye. The circumstances of the situation made no difference. When plaintiff became too weak to walk to Doctors Hospital, she again phoned the county advice nurse asking for transportation to the county hospital, it was 2. 09 a.m. Plaintiff could take no more of the bleeding, was physically and emotionally coming apart, the advice nurse told me to call 911 , since she said the bleeding was an emergency. Plaintiff twice had to get to Doctors Hospital by ambulance, simply because she was too weak to walk, and explained that to attendants. Plaintiff began to have visual problems, all sight went gently out of focus, everthing becoming a soft blur. Prescriptive glasses for normal sight are required now, and for that loss alone, I would file this suit because I begged -4- for help and was ignored. Plaintiff developed true tension headaches from temple to temple, could not concentrate, or keep a train of thought, mental acuity lessened when plaintiff needed it most, depression was not transient, it took tenancy. Plaintiff lost hair, eyelashes fell out, fingernails stopped growing, thumbnails still will not grow at all past the quick, bags hung under plaintiff 's eyes, sleep became a joke, as it remains at this time, no sense of physical relaxation is afforded where abdominal bloating, pressure, pain, utter fullness , like you can 't exhale, no enjoyment for meals, even drinking liquids, eating produces an uncomfortable sense of swallowing cardboard that settles in my midrift. And exhaustion, always exhaustion. Plaintiff made complaints directly to administration of Doctors Hospital regarding abusive care she was receiving in emergency. I will never have any injection placed in my upper arm. A simple ultra sound, given late, and begged for, became torturous and unreliable as to detail. Plaintiff had enough of being the resident victim and went directly to administration to voice her complaints that she was not getting help, time was passing, the holidays were here, Thanksgiving, Christmas. Plaintiff appeared at the administrator's secretary's office soaked with blood, fearful to sit down. She understood everything completely, sent for the risk management attorney, who set an appointment with the CEO of Doctors Hospital; all parties were given full notice, were decent, God fearing, knowledgeable, concerned, and did nothing to intervene in the immediate abatement of plaintiff 's illness. Again, it was as if, good to meet with you, glad you could come in, good-bye. Plaintiff had to wait for a gynecologist that did not exist. Plaintiff had waited weeks, weeks, for nothing! No regular gynecologist was assigned to plaintiff 's case at the Richmond Health Center at the appointed date. A doctor from another unit examined her and explained that a D&C had to be done and -5- why. That doctor was to perform an additional test, but clinic is half day and the nurses had to leave. This is what I waited and hemorrahaged weeks for, this is what I last vision for, twenty minutes, with venereal tests! The temporary physician examined me for venereal disease. I cannot believe I quietly laid there and had no knowledge that was being done to me. I consider it insulting and racially bias as automatically done. I later found out when I requested my records and flew livid that should dare be done to me without my knowledge. My primary care physician later thought it was funny for me to care, stating that such tests are standard. It is also standard to be informed, to be able to give consent, or refuse it. Let those tests be run on his mother, or his wife. Plaintiff needed a surgeon, none was assigned at the appointment. Plaintiff was so disgusted with everything and everyone, that when told that a surgeon was in the next room, she literally chose him as a voice through the wall. Surgery was scheduled for the third week of December ' 98. Plaintiff was ready to go into surgery, when she looked at the file on the table in front of her. Plaintiff saw the writing on the wall, she was to be diagnosed "down", lighter than the true illness or circumstances of illness, to cover the negligent handling of her condition, which by now everyone knew. The reason given for surgery, listed on the first page of the file, was for: irregular bleeding. Plaintiff read it and would have none of it. It was deliberately, knowingly, purposely wrong, incorrect to law under statutory provision for medical records that all records be accurate and complete, CC § 1798.18 and that the county hospital and Doctors Hospital were bound by such statutory law under the Information Practices Act. Plaintiff is legal researcher. Records are my business. Medical records are legal documents. I don 't have to look these laws up, they 're basic to any researcher. The county hospital -6- was knowingly going to violate state law and my rights. Plaintiff informed everyone directly, at once, in the county hospital; the patient assistant, patient ombudsman, nurses, the venereal testing gynecologist, the surgeon himself. Plaintiff experienced no such illness as irregular bleeding and they all knew it. Plaintiff hemorrahaged full blast, non-stop, from day one, and no one, but no one treated such emergency as an emergency, where all parties were directly informed, and the illness was continually verifiable to the naked eye, and the illness was systematically allowed to worsten, did worsten, and the patient, unemployed, on GA, already ill with necrotic ulcer pain, no family, no spouse, was perceived as if without personal worth. Modifying the records, changing severity, circumventing the statute, to cover negligence. The surgeon stood at the end of the hospital bed, with everyone there, admitted that the D&C should have been done on the first day I appeared for medical care. Using those words, "the first day." But no one would budge, the record was not to be changed, "liability" hung in the air. There is the matter of Cancer. I did not know if I had it or not. None of the parties involved knew if I had Cancer or not, or what type, or duration. I didn 't know about fibroids, but I knew Cancers grew. It ate inside my mind whether that was happening to me, as no one else seemed the least bit concerned: No sense of urgency was ever forth- coming regarding any aspect of Cancer that I most assuredly could have had, or the need to test immediately to find out. Quite frankly, no one gave a damn. As sick as I was, I completely refused the surgery that day on higher principle of conscience and law. The surgeon set about to immediately reschedule the surgery for Christmas eve December 24, 1998, and immediately prescribing 20 mg. of -7- Valium to be taken before coming in the next surgery. I was to be quieted, no more mention of records was to be acknowledged. No Valium was prescribed before I had opened my mouth. On January 05, 1999, I had a follow up appointment with the surgeon, and discussion was had on medication, by injection, to continue the cessation of hemorrahaging effected by the D&C in December. Progesterones in tablet farm taken years before had an uncomfortable side effect of agitation, and such was reported to the surgeon. I told him that while mild, the effect was so uncomfortable that I refused to take them. The discussion centered on to bleed or not to bleed, no other question was actually pertinent. And I believed I was giving an informed consent, when I agreed to take Deprovera and Lupon Depot 3.75. I didn't know the amount of Deprovera given; it was 400 mg. Within two hours I was in agony, and felt crazed. Within two more hours, within the mental unhinging, I realized I was having what I 'd only read about thirty years ago. I was having a bad trip from drugs and the only drugs I 'd had was Deprovera 404 mg. and Lupon Depot 3.75. It is a mental twisting the likes of which can be best described face to face, in deposition, in front of a jury, in cross-examination. Enough to say that mood swings not like a pendulum but rather like the sacking you see on football, one is slammed from a wall of depression to a wall of anxiety. If I had lived five stories up, I might not be. It was not regular depression as in down with the blues, it was true, active, enragement. I 'd rather hemorrahage to death than not to have a clear, stable mind. One more appointment with the surgeon, one more repeat of the above. The side effects do not just wear off , they cling. At that time the surgeon was not often at the clinic, so complaints went to the primary care physician who was fully aware of the event, and witnessed my distress. The absolute very worst of this is the aging component of such drugs which strip estrogen so sharply that my bones felt scraped. On the -8- ................ . . ............,...... .............. ............. second injections, my face dropped overnight, with delineation lines at the jawbone showing chipmonk cheeks at the base of the jaw; also the lower jaw itself narrowed to a curved V in front of my mouth, one tooth shifted a space and I could slide my tongue through it. These things are a natural expressing of aging - but they do not occur overnight. I mentioned these side effects to the surgeon who stated "What, oh that, that will revert to normal" at which time I lost composure with him and snapped back "Yeah, right! It 's going to revert, it 's just going to spring back." He depleted enough estrogen to drop the bone. He has thirty years experience, he knew what could happen, one could predict it. No knowledge of such desvestation was ever imparted to me. I was an orifice that either bled or did not bleed, nothing else mattered. I am female, he took the last trace of pleasantness out of my face, out of my ego. I walked into my primary care physician's office dissolved into tears, crying "Look at my face, look at my face." Permanent swelling now rests under my eyes. My bright eyes hang permanently tired. I will never flirt with them again. I will never settle this case based on this event, collectively, you do not have enough money to take any woman's physical facial continence away, or to dismiss it as superficial. It was avoidable because it was predictable. Further, plaintiff, unable to eat regular meals without discomfort, has developed substantial weight gain and spreading of the hips themselves, without additional intake of food. Even if I lose this suit, I want every woman in this state to know and be forewarned. Every woman, of every age. I was allowed to believe that my reactions to such medication was unusual, idiosyncratic to me alone. They are not. Such high dosage after a D&C can and will cause massive and lasting swings of mood, and accelerated aging process; they are known side effects by the surgeon, were unknown to me, were never imparted as a concern, I was to stop bleeding even if -9- it killed me. And my lawsuit bottomlines on this issue because it alters personality with no warning, I was subjected to it with no warning, it was avoidable with reasonable care and diligence, the treatment was determined by speed and exigency on trial and error, and not on care and caution in regards to plaintiff as an individual patient. The medicaided depression it was known to cause posed a threat to my life, and I vehemently expressed that threat to my primary care physician. An ultra sound, done at the county hospital, showed the damage of grown fibroids. The ultra sound technician allowed me to see everything he was doing, explained everything .on the screen, as I had requested. The written report, introduced into the record and file, is an abbreviated account of illness, as read to me by the surgeon at appointment, with the surgeon stating to me that I knew more than he did because most of the pertinent matters of damage of grown fibroids were not in the written report. At that appointment, I expressed ultimate concern regarding the side effects of treatment, and regarding the fibroids themselves I said: "They let me bleed too long." The surgeon acquiesced to my statement adding "You can 't go back, you have to go forward," I refused to respond, not agreeing to his words or his tone, which was decidedly one of, forget that all of this ever happened. The surgeon saw my look and repeated his statement with more emphasis. I never responded. At that last appointment, March 09, 1999, the surgeon asked what time was my appointment with my primary care physician. I said 9:00a.m. and he said that time was fine, he would be available to be paged, he wanted to speak to the PCP to determine what type of medication with lesser side effects might produce the desired effect of continued cessation of bleeding. Three times he told me to have Dr. Dirk Van Meurs page him at that -10- time and he said he would write it in the file and he did. I was overdue for medication, that normally would have been given that day, but would have to wait until the next day, the 10th, when the surgeon would speak with Van Muers before deciding on medication to be used. At 9.40 a.m. on Wednesday, March 10, 1999, I had a regularly scheduled appointment with my primary care physician, Dr. Dirk Van Meurs, in unit B of the Richmond Health Center. Dr. Dirk Van Meurs is a licensed health care provider under CCP §364. ( 1 ) and at such time and on such date did willfully refuse to render professional services which were within the scope of services for which the provider is licensed and which are not within any restriction imposed by the licensing agency or hospital or clinic. Such free and willful negligent act, and negligent omission to act, by a health care provider is the proximate cause of personal injury sustained by this plaintiff. CCP §364. ( 2) . At approximately 9:30 a.m. Dr. Dirk Van Meurs entered the examining room where I was waiting, closing the door behind him. I told him that I saw the surgeon the day before and that he wanted him to page him to determine what medication I would take, I was due for the injections. Dr. Van Meurs saw the notation in the file from the surgeon, but he did not make the call . Dr. Van Meurs had ordered the ultra sound at the county hospital which was perfectly dune, but the seriousness of the illness was softened in the abbreviated written report. Dr. Van Meurs could not find that yellow sheet in the file. I said it doesn't matter because the report does not reflect the true character of the illness as it actually exists now. That none of the record is accurate to fact of illness. I began to list symptoms of the illness, none of which are in the record. Hemorrahage is a symptom and a word, deemed -11 never to be used in the record, it didn't exist, it never happened. Emergency, what emergency? I explained to him that it had been made clear to me that I was not to mention any of this any more, and that no one, on any level, in any context is going to discuss these events with me, that all were denying the existence of any problem, and I was also to pretend it never happened., to simply pay the considerable bill and be quiet. I told Dr. Van Meurs that I was not going to be silent, that I had been damaged by this illness, that he himself could see it, that it had changed me physically and emotionally and that the entire record fails to accurately reflect the nature and character of the illness and I was going to file suit. Dr. Van Meurs was seated on a small stool with casters . He quickly rolled back away from me and said "I can 't deal with your anger." He stood up, came back over to me. I was seated in a small plastic chair against the wall, a sink to my right, a table to the left, the examining table in front of me. Dr. Van Meurs bent his full body over me putting his face in mine, and jabbed his index finger in my chest, poking it, saying "You can sue the whole world, but I don't want anything to do with this friendship anymore." He pulled my card off of my file, put it on the examining table, and walked out. There were no other words. He left the door open, and stood full length at the front of the door, presenting his back to me. I waited a few seconds, got up, retrieved my card, went out past Dr. Van Meur 's back. At no time, ever, never, had I assigned blame in any manner, implied or inferred to Dr. Van Meurs, regarding events of this illness, and he knows that. My complaints were always of the process and procedure and not of any individual malpractice, until Dr. Van Meurs walked out, and abandoned this patient in medical need. Dr. Dirk Van Meurs ' emotional, hair-trigger response, was -12- his, and his alone, and it was instant betrayal. No accusations were being forwarded to him, no voice was raised against him in that room, no threat was posed to him. Plaintiff cursed the suffering she was made to endure. All statements made to him were truthful. And that is the point, statements of conditions and events were truthful. What is also truthful, and unspoken, is that Dr. Van Meurs has entered into plaintiff 's records total awareness, consider- able knowledge of plaintiff 's bleeding, and suffering, writing 21 days heavy bleeding, 44 days heavy bleeding with no substan- tial intervention to access the source and cease it. If Dr. Van Meurs had ever taken the time to actually examine plaintiff, to actually look and see, he would have seen clearly that plaintiff was not heavy bleeding, not irregular bleeding, but was full clots hemorrahaging dropping straight to the floor, just as she continually told him, as was clearly demonstrated at Doctors Hospital, and was ignored by all parties. Dr. Van Meurs ' reports in plaintiff 's file are without a single look--see-hands-on examination. No examination at all. And what physician allows a patient to go months with even heavy bleeding without immediate intervention to locate the source and abate it. Litigation tends to bring these irksome little unspoken matters forward, and accountability becomes an issue saddled with liability. Dr. Van Meurs wears his concerns on his sleeve, as well he should. Plaintiff did not just seek medical help, she begged for it, flat out begged, imploring people to help her, for naught. Plaintiff experienced a continuous loose emission, a free escaping of blood. The bleeding literally never stops, not once during the day or night, you cannot wipe it clean, it just keeps bleeding, it is a mind numbing experience, where I could not help myself. -13- Dr. Dirk H. Van Meurs did not consider nor did he privately address the long range positional consequences of his actions. When he walked out that door he did not relate to what he was walking to. Plaintiff had a medical appointment, Dr. Van Meurs was supposed to connect with the surgeon, plaintiff was supposed to receive medication to continue cessation of bleeding, plaintiff received no medication because he walked out. No other appointment was made for plaintiff, no other physician was obtained within the clinic to substitute for Dr. Van Meurs. Plaintiff did not know for absolutely sure if Dr. Van Meurs was refusing to treat plaintiff that day, or forever. Plaintiff was not allowed to have prescriptions refilled bearing Dr. Van Meurs ' name, as everything refillable is in his name. Plaintiff was not allowed to have any other illness treated on the day of regular scheduled appoinment, and had other physical matters to address . Plaintiff was left hanging, and thoroughly humiliated. It was obvious to staff that something was amiss, by his behavior, and that no follow up was taken, no medication, and Dr. Van Meurs talks . It is without a doubt that the matter was not kept confidential. Dr. Van Meurs is much beloved by all, he gives hugs and squeezes to one and all. It puts this plaintiff in an awkward position, and compromises her health care. Any other physician likewise is presumed by this plaintiff to be unwilling to be involved with plaintiff. I have done nothing wrong, but I am made to appear "bad" because I wish to exercise a constitutional right of redress, or because I have exercised such fundamental rights before. Plaintiff has no other medical care health plan other than the county. Plaintiff asks of the Senior Medical Director for referral to another neutral primary care physician and another neutral, independent gynecologist/surgeon, separate and away from the Richmond Health Clinic, preferably at the county hospital, as plaintiff has begun to bleed since March 16, 1999, -14- such bleeding has issued small dark clots. I am not hemorra- haging. I am steadily bleeding. It is increasing in flow and intensity. Obviously, we know, it 's going to worsten. I am concerned also that there is daily deep burning, stinging, and pain in the vaginal area, never experienced before, started also March 16, 1999. Needless to say the acts and emissions of Dr. Van Meurs alleged as negligent, have escalated an ulcer, there is pain and nausea in abdomen vying for a place away from the fibroids' aching. I have a sheared off bicuspid, upper, left side, totally open and exposed. I have no medication for pain or infection of the tooth, no medication for abdominal, or vaginal pain; the tooth is now causing pain not just in the Mouth and face, cheek, but is in the left arm, shoulder, especially the elbow. I have other illnesses not addressed at this time. No medical problems are being addressed now. Dr. Walker, the Richmond Health Clinic is a small facility, peoples faces and names are familiar, and I was comfortable there, but Dr. Van Muers abandonment was public, and meant to be so. The humiliation I felt was total and intense. I will not go back there. I have no car, no phone. Transportation is difficult and time consuming, even painful, but I cannot go back to the Richmond Clinic, I can not even write about it. I am requesting referral to disinterested physicians. Within 180 days I will have a better assessment of this illness, which is adversely changing. I will give notice at that time stating with specificity as required by statute. Each day of head or stomach or vaginal pain is intolerable. As usual, circumstances make me have to wait, mindful that they are recoverable. Very truly yours, cc: CELESTE CHAPMAN U.S. Department of Health and Human Services California Department of Social Services ABC Network News, New York, N.Y. -15- CLAIM May 4, 1999 Clairn Against the County, or District Governed by } the Board of Supervisors, Routing Endorsements, } NOTICE TO CLAIMANT and Board Action. All Section references are to } 'foe copy of this document mailed to you is your California Government Coles. l notice of the action taken on your claim by the Board of rvisors. IParapph IV belowl, Oven pursuant tolmovernment Code Section 913 and I z 915.4. Please note all "Warnings". 'L AMOUNT: Unspecified - See Attachmen UNTyOOUNti. L mARTI EZ CAS . CLAIMANT: Era Mena Gill ATTORNEY: DATE RECEIVED: Mauch 31, 1999 ADDRESS: 13975 Byron Hwy. BY DELIVERY TO CLERK. ON: March 31, 1999 Rt. 1, Box 53C Byron, CA 94514 BY MAIL POSTMARKED: Interoffice L FROIVE Clerk of the Board of Supervisors TO. County Counsel Attached is a copy of the above-noted claim. PHIL BAT OR, Clerk` Dated: March 31 z 1999 By: Deputy IL FR:ONVI: County Counsel W. Clerk of the Board of Supervisors (ZThis claim complies substantially with Sections 910 and 910.2. ( ) This claire NAILS 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: putt' County Counsel M. FROM- Clerk of the Board TO. �OW4 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 Claire is rejected in full. ( ) Gather: I certify that this is a true and correct copy of the Board's Coder entered in its minutes for this date. Bated: M49,. PHIL BATCHELOR, Clerk, By "0 Deputy Clerk WARNING (Gov. code section 3) Subject to certain exceptions, you have only six (5) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.5. 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. AFFIDAVff 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: t"I By: PHIL BATCHELOR By puty Clerk CC: county Counsel County Administrator ... ......... ......... ......... ......_.. ............_.. ....... _...................._.. ..............__....... __ ........... . r SHARON HYMES-AFFORD LIAR 3 01999 ---------- _ ......... - . ............... _... . Ael Gr ......_ . t A............................... "1 E t..a .. ...... ........ ..:. �Z �� � ...� .................—.. ! �'7 c'r _.,, -2�L•t�-' _. . :_.. - --- ` -- ._ ..:.. ... -K.. __.1-a-ie.:'..............:. el- t� z07 � f I �• .......... .. . .......... ...... . '.._.. .. _. ,..ems Wit. ...... . " -a- ..... ---------- _... . ----- .., 1 _.. •-. �•! _..... -... 2 � ..... -- --F.....�... . .� f '�'.... . .... :. .. ___._:.. '�'.: - . . . �'.�- .. fir.. .. .....-.. .................. ....... 47 _. ..- ::. G . ..- .. . ...... ..... . .... .. - G� ..... ......... . . ::f ..... Claim to. BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or before December 31, 1987, must be presented not later than the 100"' day after the accrual'of the cause of action. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or after January 1, 1988,must be presented not later than six months after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Govt.Code§911.2.) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building,651 Pine Street,Martinez,CA 94553. C. R Claims 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 RE FIRED Against the County of Contra Costa MAR 31. or CLERK BOARD OF SUPERVISORS rA District) (Fill in Name) The undersigned claimant hereby makes claim against the County of Contra Costa or the above named District in the such of S_. and in support of this claim represents as follows: 1. When did the damage or injury occur.' (Give exact Date and Hour) -----A _ �f-?:2_______________________________________________________________ 2. Where did the damage or injury occur? (Include City and county) 3. How did the damage or injury occur? (Give 6A detach;use extra paper if required) _____________________________________________________________________________________ 4. What particular act or omission on the Iran of county or district officers, servants, or employees caused the injury or damage? (Over) 5. What are the names of county or district officers,servants,or employees cawing the damage or injury? ------------------------------------------------------------------------------------- 6 What damages or Injut?itb4�C rlted7 (Give fall extent of injuries or damages claimed. Attach two estimates for auto damage.) " ". ------------------------------ 7. How was the above claimed amount computed? (include a estiaeated amount of any prospective injury or damage.) _________________________..___------_-___-----_______---_-_______-_------_-----_-_-_-_ S. Names and addresses of witnesses,doctors,and hospitals. ------------------------------------------------------------------------------------- 9. List the expenditures you made on account of this accident or injury: DAM ITEM AMOUNT Gov. Code Sec.910.2 provides: "The claim must be signed by the claimant SEND NOTICES TO: (Attorney) or by some person on his behalf." Name and Address of Attorney 6 �' Claimant's Signature} " (Address) ? Telephone No. telephone No. NOTICE Section 72 of the Penal Code provides: "Every person who,with intent to defraud,presents for allowance or for payment to any state board or officer,or to any county,city or district board or officer,authorized to allow or pay the same if genuine,any false or fraudulent claim,bill, account,voucher,or writing,is punishable either by imprisonment in the county jail for a period of not more than one year, by a fine of not exceeding one thousand dollars($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($10,000), or by both such imprisonment and fine. ...__ _..... ........ ........ ....................................................................................................... lFA CProposal/Contract FCA CO. No- 1436 4 FENCE C "We'll fence YaD in; or them out" !TORP License No.470301 P.O. BOX„Pty �. OR BRENTWOOD,CA 94513 — (925)6534-5990•FAX(925)634-0520 Proposal to Mrs.. Ezra Nena Gill Date 3/8/99 Address 13975 Byron Highway - - P.O.No, Phone No. 634-4874 City Byron State CA Zip 94514 Fax No. Ship to Same Site Phone No. Job No. Address Material Installed R1 City State Material Only ❑ Style Fence Ornamental iron Overall Height Height of Fabric 1 fir _ 6 Style of Fabric Aristocrat Gauge5/8" Sq Mesh 4"space Knuckl&m �� pickets Line Posts 2'1 sq Spaced 81± Set(Drivers) In Concrete�_ — Terminal Pasts n Concrete X Top 1" sq rail Brace Rail Bottom 1" sq. Gate Frame(Swing) Gate Frame(Slide) --- Terms of Payment Required Deposit$ 203.00 14 Lin.Ft.Complete Fence 6' high ornamental iron UPON ACCEPTANCE Of CONTRACT, PLEASE CALL U.S.A. Lin.Ft.Com late Fence (UNDERGROUND SERVICE ALERT)(800-642-2444)2 DAYS BEFORE ea,Walk Gates INSTALLATION T1 E`f WILL AT NO CHARGE,LOCATE FOR YOU ALL UNDERGROUND UTILITIES. ea.Walk Gates ea.Drive Gates SKETCH ea Drive Gates ea.Slide Gates End Posts 21' sq. Inches O.D. End Posts Inches O.D. Corner Posts 2"> sq. >Inches 0,0. Corner Posts Inches O.D. Gate Posts lnches O D. Gate Posts Inches O.D. s vials Replace 1 ea damaged line post and 2 ea damaged panels. t3stomer responsible for repairs to underground lutes should any be damaged duringa - construction. 14' Completesmaw repair Complete Erection Complete Removal TOTAL.COMPLETE $608.00 ACCEPTANCE--The above proposal when accepted by the Credit Department and'an officer of Delta Fence Co.,of its Main Office,becomes a contract between two parties and is not subject to cancellation. ACCEPTED m DELTA FENCE CO.,INC ACCEPTED—Please sign and return yellow copy. By_ Josh Stone nate 3/$/99 x Date SS CUSTOMER COPY AP-DFC-101 x Byron Municipal Advisory Council Post Office Box 268 Byron,California 94514 Board of Directors Phil Day-Chainnan Elizabeth Van Sandwyk,Secretary Stephen derrick Fax#(925)634-9298 Nick Papadakos Phone##(925)634-9297 Sharon Marsh Wally Partridge Kathy Leighton Telephone:(925)634-0917 *Telephone Contact Person MINUTES Thursday February 18, 1999 7:00 PM Byron Town Hall 3926 Main Street, Byron Directors Present: Chairman - Phil Day, Wally Partridge, Nick Papadakos, Kathy Leighton, Sharon Marsh, and Steve Herrick. 1. CALL TO ORDER: 7.00 PM 2. CONSENT CALENDAR: A. Approved minutes of February, 1999, meeting. B. No payment orders. r 3. PUBLIC COMMENTS: Mrs. Gill Mrs. Gill lives at 13975 J-4, in Byron. She lives where the tree limb has fallen. It has damaged her fence and there are several other trees that are bordering her property that are in danger of failing. This is county responsibility as they are on county property. She has been told that there is nothing that can be done right now as there is a pending lawsuit to save these historic trees. Council reviewed prior minutes of April 16, 1998, when Gregory Connaughton carne and discussed the need for cutting down most of these trees. Motion and Second that the council send a letter to Mr. Connau+ghton (cc: Ralph Woods) regarding status of tree situation and the need to assist Mrs. Gill with the trees bordering her property. 4. PUBLIC WORKS DEPARTMENT: Steve Kersevan Steve is a civil engineer with the county. There was discussion regarding the intersection of Camino Diablo and Vasco Road. There is a problem changing the lane set-up because the lanes will not line up with the other side of the t N�r cr f nj r , r. C2 y w a q F �» L ..: COIL Aj s. r L ! RRRIII W t ♦ r s and The Housing Authority of Centra Costa (District) CLAIM 642,— BOARD ACtIugi4i::::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 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: Unspecified CLAIMANT: Betty Metzger ATTORNEY: DATE RECEIVED: April 8, 1999 ADDRESS: Not Given BY DELIVERY TO CLERK ON: BY MAIL POSTMARKED: April 7, 1999 L FROM: Clerk of the Beard of Supervisors TQ County Counsel Attached is a copy of the above-noted claim. PHIL BAT LOR, Clerk Aril 8} 1999 Dated: p By: Deputy IL FROM: County Counsel TO: Clerk of the Board of Supervise s ( } 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: County Counsel IIL FROM: Clerk of the Board M. 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: hnyLXX PHIL BATCHELOR, Clerk, By , Deputy Clerk WARNING (Gov. code sectio 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 MAtf ING 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 t ztunscl County Administrator Claim to. BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or before December 31, 1987,must be presented not later than the 140th day after the accrual of the cause of action. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or after January 1, 1988,must be presented not later than six months after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Govt. Code §911.2.) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County,the name of the District should be filled in. D. If the claim is against more than one public entity; separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at the end of this form. RE: Claim By ) Reserved for Clerk's filing stamp Baty Metzger ) ECEI D } APR 4 � 1999 MA o Against the County of Contra Costa or CLERK BO INPERVISORS The Housing Authority of Contra Costa (District) (Fill in name) The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of$ and in support of this claim represents as follows: SES ATTACI IED Ll ITER 1. When did the damage or injury occur? (Give exact date and hour) 2. Where did the damage or injury occur? (Include city and county) 3. How did the damage or injury occur? (Give full details; use extra paper if required) 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? clmform 5. What are the names of county or district officers, servants or employees causing the damage or injury? 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attached two estimates for auto damage.) 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) 8. Names and addresses of witnesses, doctors and hospitals. 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT Gov. Code Sec. 910.2 provides: "The claim must be signed by the claimant SEND NOTICE TO: (Attorney) or by some person on his behalf." Name and Address of Attorney (Claimant's Signature) (Address) Telephone No. Telephone No. NOTICE Section 72 of the Penal Code provides: "Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, city or district board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim,bill, account,voucher, or writing,is punishable either by imprisonment in the county jail for a period of not more than one year, by a fine of not exceeding one thousand($1,000), or by both such imprisonment and fine, or by imprisonment in the state prison,by a fine of not exceeding ten thousand dollars ($10,000) or by both such imprisonment and fine." c1mform 352 P02 ApR 07 199 10:29 I BE'T'TY METZGER, HAVV RECEIVED, A SEVERE TNJURTE, TO MY RIGHT SHOULDER, WHEN ON the 2ND OD APRTL, SOMETIME IN THE; AFTERNOON. BT11 THF MAINTENANCE MAN WAS TRYING TO GET ON TOP OF OUR ROOF, OF OUR APARTMP,NT TO SEE, ABOUT THE SUT, IN THE CTITMNEY. WHEN BILL, WAS TRYING TO GET ON THE TOP OF THE ROOF. THAT's WHEN BILL THE MATNTENANCE MAN, HAD LAID THE CHANNELOCK4, ON THE POOP . AND THAT' s WHEN THE CHAN•N- E:LOCKS SLIP off THE ROOF, , ane the Channclocks . CAMr. TUMBLING DOWN THE RooF. AND HTT MY WIFF T3ETT''Y TM TRE RIGHT SHOULDER. ANIS THAT TS HER. 13A'D SHOULD- ER, THAT SHE ALWAYS HAD TROUBLE WITH. WE ARE GOING To TRY TO PERSUE THTS MATTER. THANK YOU. BETTY METZGER. t RCC'EIVF0 AP,R 01 G 1,P VICTOR J.WESTMAN DEPUTIES: PHILLTHOFF COUNTY COUNSEL JANICIP L. A ENTA JANICE L.AMENTA NORA G.HARLOW B.REBECCA BYRNES SILVANO B.MARCHES! ANDREA W.CONTRA COSTA COUNTY MONIKA COO COOPER CH IEF ASSISTANT COUNTY COUNSEL VICKIE L.DAWES OFFICE OF THE COUNTY COUNSEL MARKE S.ESTIS ARR SHARON L.ANDERSON COUNTY:ADM+NISTRATIOMBUILDING MICHAEL D. LILLIAN T.FUJIIJIt ASSISTANT COUNTY COUNSEL 651 PINE STREET,9#1.FLOOR DENNIS C.GRAVES JANET L.HOLMES GREGORY C.HARVEY MARTINEZ, CALIFORNIA 94553.1229 KEVIN T.KERR BERNARD L.KNAPP ASSISTANT COUNTY COUNSEL EDWARD V.LANE,,JR. BEATRICE LIU GAYLE MUGGLI MARY ANN MASON PAUL R.MUNIZ OFFICE MANAGER VALERIE J.RANCHE STEVEN P.RETTIG DAVID F SCHMIDT PHONE(925)335-1800 DIANA J.SILVER FAX(925)646-1078 BARBARA N.SUTLIFFE JACQUELINE Y WOODS NOTICE OF INSUFFICIENCE AND/OR NON-ACCEPTANCE OF CLAIM TO: Betty Metzger c/o Housing Authority of the County of Contra Costa P.O. Box 2759 Martinez, CA 94553 RE: CLAIM OF: Betty Metzger Please Take Notice as Follows: The claim you presented against the County of Contra Costa or District governed by the Board of Supervisors fails to comply substantially with the requirements of California Government Code Section 910 and 910.2, or is otherwise insufficient for the reasons checked below: [x] 1. The claim fails to state the name and post office address of the claimant. [x] 2. The claim fails to state the post office address to which the person presenting the claim desires notices to be sent. [x] 3. The claim fails to state the date, place or other circumstances of the occurrence or transaction which gave rise to the claim asserted. [ ] 4. The claim fails to state the name(s) of the public employee(s) causing the injury, damage, or loss, if known. [x] 5. The claim fails to state whether the amount claimed exceeds ten thousand dollars($10,000). If the claim totals less than ten thousand dollars($10,000), the claim fails to state the amount claimed as of the date of presentation, the estimated amount of any prospective injury, damage or loss so far as known, or the basis of computation of the amount claimed. If the amount claimed exceeds ten thousand dollars ($10,000), the claim fails to state whether jurisdiction over the claim would rest in municipal or superior court. Page 1 [x ] 6. The claim is not signed by the claimant or by some person on his behalf [ 7. tither: The claim fails to describe any duty or obligation of the public entity and any action giving rise to the claim. VICTOR J. WESTMAN, County Counsel By De uty Cou Co n 1 CERTIFICATE OF SERVICE BY MAIL (C.C.R §§ 1012, 1013a,2015.5;Evidence Code§§641,664) I declare that my business address is the County Counsel's Office of Contra Costa County,651 Pine Street,Martinez,California 94553;1 am a citizen of the United States,over 19 years of age,employed in Contra Costa County,and not a party to this action. I served a true copy of this Notice of Insufficiency and/or Non-acceptance of Claim by placing it in an envelope addressed as shown above,sealed and postage fully prepaid thereon,and thereafter was,deposited this day in the U.S.Mail at Martinez,California. I certify under penalty of perjury that the foregoing is true and correct. Dated: April 12, 1999,at Martinez,California. 4A,i-41 cc: Clerk of the Board of Supervisors(original) Risk Management (NOTICE OF INSUFFICIENCY OF CLAIM:GOVT.CODE§§910,910.2,920.4,910.8) Page 2 3 yL Ij yyyy��y[�4yyL y`� #J } � 3 tri � f a � 04 GJ 00. ....................I...........................................................................I........................................................................... . ....................... C-( CLAM I -- BOARD OF SIMMSOM OF CONTRA COSTA COUNTY. CALEMRNIA OWD AM I)May4, 1999 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 N copy of this docunuft mailed to you is your California Government Codes. notice of the action taken on your claim by the Board of Supervisors. JParagraph IV below), Oven pursuant to Goverment Code Section 913 and 915.4. Please note all "Warnings". AMOUNT: $100,',000.00 CLAIMANT:Frank Sierra ATTORNEY: John Diaz Coker, Atty. DATE RECEIVED: April 8, 1999 525 Marina Blvd. ADDRESS: Pittsburg CA 94565 BY DELIVERY TO CLERK ON: April 8 1299 113 Alvarado Ave. - Frank Sierra Pittsburg CA 94565 BY MAIL POSTMARKED: , April 6, 1999 L FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is acopy of the above-noted claim. PHIL BATCNE),OP,, Clerk Dated: By: Deputy pril 8, 1999 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: VCi"VM1,1 Dgw-County Counsel 111 FROAL Clerk of the Board TO: 4R�4 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: Y ,r j PHIL BATCHELOR, Clerk, By ,- <QVrJ-v—. Deputy Clerk L�ZL 401 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 NIALU NG 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. DatedQ22ftq, -M% By: PHIL BATCHELOR By * Deputy Clerk —L7 CC: County Counsel County Administrator ..................................... ......................................................................................................................................................................................... JOHN DiAZ COKER ATToRNEY—ABOGADO Of Counsel — A. ARACELI RAMIREZ RHONDA WILSON RICE Board of Supervisors County of Contra Costa 651 Pine Street Martinez, CA 94553 April 6, 1999 RE: Claim of Frank Sierra Enclosed is the original and one copy of the Claim against the County of Contra Costa by Mr. Sierra. Please retain the original and return the copy, marked with your receipt stamp, to our office in the envelope provided. Sincerely, Secretary. mc Enclosures 525 MARINA BOULEVARD • PITTSBURG, CALIFORNIA 94565 (925) 432-7373 .......................................................................................................................................I--..... ........................................................................................................................................................................................ ................................ CLAIM AGAINST COUNTY OF CONTRA COSTA AND ITS AGENTS AND EMPLOYEES Claimant Frank Sierra hereby presents a claim for damages against the County of Contra Costa and its Agents and Employees. ADDRESS OF CLAIMANT: RECEIVED 113 Alvarado Avenue Pittsburg, CA 94565 APR 0-V1999 cF PE 0 RECD BOARI)OF SUPERVISORS CONTRA ��TA CO. JR8 ADDRESS TO WHICH NOTICES SHOULD BE SENT: RC , Frank Sierra 113 Alvarado Avenue Pittsburg, CA 94565 DATE, PLACE AND CIRCUMSTANCES OF OCCURRENCE: On or about September 23, 1998, Claimant was sentenced to two years and eight months in state prison, to run concurrent with a sentence he was already serving. The court at that time determined that he had 575 days of pre-sentence credit, and Claimant was released to the custody of the California Department Corrections to begin serving the remainder of his sentence immediately. Claimant's scheduled release date was November 9, 1998, which happened to be the birthday of his young son. In reliance upon this release date, Claimant made many plans, including lining up employment with an electrical contractor (set to begin on November 10, 1999) , as well as a birthday party for his son. Approximately three days before his scheduled release date, Claimant was incorrectly informed that he had an additional six months to due on his sentence. Claimant was taken aback, knew this was incorrect and said so repeatedly to the guards. Their attitude, despite having believed the original release date was accurate, and despite having no explanation for the last minute change, was "Yeah, that's what they all say. " In fact, this additional time was in error, but unfortunately it took a long time for Claimant, his counsel and his family to convince the authorities of the fact. The original error, and the delay in correcting it, appears to be a combination of mistakes on the part of various departments of Contra Costa County, including the court, the Martinez Detention Facility, and the Public Defender's Office, as well as the California Department of Corrections. The court corrected this error in proceedings on December 18, ......... ....._... ......... ......... ......... ._.._......1._.11.1 . ................__.._ ..._....... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... _. .............................. 1999. As a result of this error and on Respondents' delay in correcting it, Claimant was incarcerated for a period of 46 days longer than his proper term. PARTIES RESPONSIBLE: County of Contra Costa and various agents and employees of the County of Contra Costa AMOUNT OF CLAIM: $100,000.00 in compensatory damages against the County of Contra Costa and its agents and employees. GENERAL DESCRIPTION OF INJURIES AND BASIS OF COMPUTATION OF DAMAGES: Compensatory damages are based deprivation of various state and federal constitutional and civil rights, including the right to be free from unlawful restraint; the right to be free from unreasonable seizure; the right to be free from cruel and unusual punishment, and the right to due process and the right to equal protection of the laws. Compensatory damages are also based on false imprisonment and unlawful deprivation of liberty and freedom, under color of law, for 46 days. Compensatory damages are further based' on the pain and suffering, anxiety, embarrassment and vexation, sustained at having to miss the long-awaited and long- planned birthday party for his son. Compensatory damages are further based on the loss of income from the employment Claimant had arranged, to date the approximate sum of $12,900.00. Dated: April , 1999 L�WAlj FRANK SIERRA 2 3 by0 f � � k j{< t t 10 iL i uj r +7► ON {� ty t1t 0ft h { rt X1TTS �, ca00w C/. Y ft > p 0 o + aom tt0 3 s ft ! CLAIM BOARD OF SUMVISORS OF CONTRA MSTA COiTNTY, CALUDRNTA B=p AMS May 4, 1j999 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 nailed to you is your California Goverwent Codes. ) notice of the action taken on your claim by the Board of Supervisors. (Paragraph 1V belovul, given -LE` `a w Zopursuant to Goovermnent Coale Section 913 and 915.4. Please note all "Warnings". Ali a AMOUNT: $10,000,000.00 MARTINEZ CALIF. CLAIMANT: Larry R. Sloan ATTORNEY: DATE RECEIVED: March 31, 1999 ADDRESS: K11809/4H22L BY DELIVERY TO CLERK ON: March 31, 1999 San Quentin St. Prison San Quentin, CA 94974 BY MAIL POSTMARKED: March 30, 1999 L FROM: Clerk of the Board of Supervisors M. County Counsel Attached is a copy of the above-noted claim. PHIL BATCHELOR, Cierl Dated: April 1, 1999 By: Deputy a"'.., II. FROM: County Counsel TQ Clerk of the Board of Supervis rs (A 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: 4�4�1B : Deputy County Counsel HL FROM: Clerk of the Boardunty Counsel (1) County Administrator (2) ( ) Clain was returned as untimely wi notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present: ( This Claim is rejected in full. { ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: PHIL BATCHELOR, Clerk, By , Deputy Clerk WARNING (Gov. code section Wl3) 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 acourt 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 N ARIL NG 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 ,1_ Deputy Clerk CC: County Counsel County Administrator .................................................................................................................................................................................... .. ................... ­­­...........-...-..............-...I..''..''.'',..'',''.,.''''.'''''',1.111.1.11.............................................................. claim to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY IN9TRUCT Qfffi TO -9U1 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 ofl action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Gov't Code 911.2.) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public enLity, separate claims must be filed against each public entity. E. FrAuSl,. See penalty for fraudulent claims, Penal Code Sec. 72 at the end of this form. RE: Claim By Reserved for Clerk's filing stamp RECEIV Against the County of Contra Costa) or RS _District) v ,> 'jOARD O (Fill in name) The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of and in support of this claim represe 1rlt s as follows: 1. 4g�� 4*wlf-7 -n-Illry nr�e-tl 191,ac-n -d-id the damage or (Give exact date and hour) 2. Where did the damage' or injury occur? (include city and county) 1'77e,/V A 3. How did the damage or injury occurr. (Give full details; use extra paper if required) 4. What particular act or omission on the part of county or district officers,W servants or employees caused the injury or damage? 11'Y 'IV,,e X (Overi ...............................................................................................................................I..................................................................... ............................ ....... . . .. ............................................................... 5. What are the names of county or district officers, servants or employees causing the damage or injury? Cm A7 0:S- X 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage .40,e-,p APW�� 7W 73�W,6Z!9A-A01-1"~,7V 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) Aelw;pe- JITY0 Al"v 110M0V,11!9-7-40r S. Names and a0dresses, of witnesses, doctors and hospitals. .100 -"K 4we, 47~- ,f 9. List the expenditures you made anfi acro-ant: ol.- this acclident or injury. 464,1- 44,1a- -IV Gov. Code Sec. 910.2 provides "The claim must be siTiaol by the claimant 'or by,�� pot ?on his SEND ff=ICES TO: lAttorneyl I brahalL�� Name and Address of Attorney Cla ant b—argniture) 4 7,W3 eYA4,�$7eZ- (Address) Telephone No '-' } Telephone No.' NOTICE Section 72 of the Penal Code provides: Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, city or district board''or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is punishable either by imprisonment in the county jail for a period of not more than one year, by a fine of not exceeding one thousand ($1,000) , or by both such imprisonment and fine, or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars t$10,000, or by both such imprisonment and fine. '�"��� �i"�'�=✓+G�''c'' �,` �r'�-I/Y'G,�' r�i+�'.L/'j �,, ,++'�".+*f as'9� ���M� .-y'' ice+"'.'� .+'��"",+r�����„',�'✓�, `". I�r��,�'7"!G%V' I'��tr7,t+'/ ,r"J. 6�/* rr . i `I�' `i�rt, !' �'S"E�1Gn�'�'��L "�E:�i2�,, "-� ��;�"�" s�l�" 7 "tam.!dr 3' teo`�s✓' 7V 7;YeoA&.41dce 014 �"�,;..�9�-ter' � ¢,� ,�-� "r� .�c.�^' .d1�' -yam- . 0-,�c-.�,�r-�►,�t�`r.� ,r. fir"114iZz— '„,;�t ,w,e�c�� ✓A �7j0.1� /'4'g+rllr'� �� �� ��,� J�i+''�".I��C f{rJ� �'.�fC�s�� �✓"�,'1�+'�..�"'�'+�`" ,�„' i�'.d� ,,sj�C jsa.�-,�'�/++�+��� "' +�✓}"'ia� a�"`✓*��.Y.�",�(,i+t- i+ Y'�"`,�`,�'./'�t`*��'��'..�i'.//V ��'�/ i d�i�"',�+�`I�j �r�-7�-�..'�"'7'�.�.,%1ls��l�' t's� �,�i .r� + 'CS / '+�►"�""�./+�'�'7�/'"�"t�,,,� ,.� �t°r' ` 0497-,,r n ", iiE" i C't�i `-�5 /ZE'/ 3Y C3• AV 7AAr ti -'1�7, ` { �, Ir'JG► �'. .�; ..o ".+ .t�L /t/E� s.�Z r"✓Y 7' , - �i 'ik" r ' /�7r y s'.�,f�- /�J. ` S" 7V /err 43.+4*/,"Vizo, 5 c�' ,+1►'.+fir ' ,G.r�< 1 '� 12SIASe- __._.... ......... ......... ......... ......... ......... ......... ......... ......... ......... ._ .. ............_..._......... ..._....... ......... ........_. .__._.._................ __........ ......... ......... ......... ......... fes' .rcenva� �,'s ., .,, /�J�r�: rte. , �,,�9�P� '41 Yee 1-1,exe ,r�iiv+ t. rVl3 tt/V/+'1�/�16�T' G'll�T J��,'�'G�. ,,�/kd ri✓�CN.. 1�irQfr�,+�` �� rt/�`R� A. 7,oLve" A04G7CiZ C:4!9/YS7'r7?�y c�.s Jnr- scy�, �rvc� nrr� ^'�" - �--t5�'•� .�'+z,;-� s` �i� rV,�.d �/,.;�-�.�..� �r -• 7�U�''l�''�'7�`.rc'�` s°7'.�i/�" rt!#r �'�Ls � !� J��''`t.+ :�'r Vii • J AIIM049 '75 7 a C ' -� ............................................................................................................................................................................. ............................................................ Patient 008 MR# Contra Costa County DeftnWn lFacliftles SELE-ADMINI[STRATION ftULES AND PERMISSION T_Q-CARRY MfiDICAMN 1 You are responsible for keeping your medation secured at each facility. 2. You are to take e medication as written dn the medication package. Med/scheduille, Med/schedule Jo i 677 3. Do not trade or sell n/entdamzor 4. If you have any problems with or questions about your medicine,notify the Deputy or nurse or put in a Sick Call Slip. 5. If the FNP I IVID changes your medication, you will need to turn In your old pills before receiving the new. 6. If you are released before you finish your pift,take them with you and continue to take them as-directed-until-they are gone. 7. If you go to court, you may keep the pills in your pocket wfth this permission paper. 8. if you do not follow these rules, you will be referred to custody. 9. There will be periodic spot checks by medical and custody. 10. If you want your medication renewed,put in a Sick Call Slip 3-4 Jays before you need more medication. Allergies lhave read and dors> n 0 and Instructions. Patient SignatureA(_7 Date 4� 7 Reviewed side ell and contraind][cations. Nurse's Signatu f � Date Lz- - 7 SAME THL6 PAPER - It authorizes you to carry the medicines listed ung DET 054:FRM Distribution: Blue-lnrmte: Pfnk-Medical Rev. 218/93 r f O a ^a s �/ 'es��� l•+.4 t{ Ash"iS�<� ,. �.4 s•�;� ,};..Mx ty amity,S. F'7�s, '�b+� ............ tZ } tri K r s•Ki�: r- n �� . �°•'y< 3}y§�.�K Y ,vR.�{ -0r fi'>F )err: Y� u }S��}�?K. JISC.'�*sjFfC��r'fis}• �q iZ2,yyi•�p�f< �fb���+`` �*�. .y -0'. -0:y9+{f} R iS}4 �.-F R•Lv f /SY 1•`} '+�Z3. J }}V - -0 �,�.-0'fi y�'3� F �'a^*y'M•k; 'tYl<�u b A K e -.a�F t -02:` '" ...na� a. -0 +'i�� L t xtFY'?3 y 3 y, fv:'e >}K 2Ni�]��4' �+Slta�� L <•"'-'}{y'!��.t•3� }¢h s-'3�Z -0 < zw r ' L'< f' H t X•3 ��P ' k2 r C mumrWN > } bK } bF i Z p, Y 14: MOM Z U ", a / W cz LA LA Its w t R C c 4A If lo -4 ._,.r+'?- �1.j}►M+fir},f 11k,MIN y4 a+y FFG 6°3�'� £� fif .y s�`Si'�fi%wf.'»y•k}'y S�' c}S <} :; h ' ��7CSGtir2R CLAIM BOARD OF SUPER ._ORS OF CMMA COSTA C(_7►=s CALIFORNIA BARD ACTIQht May 4, 1999 Claim Against the County, or District Governed by ) the Board of Supervisors, Routing Endorsements, f 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 belovvl, given pursuant to Government Code Section 913 and A r� 1 915.4. Please rote all "Warnings". Exceeds Jurisdictional limit o��pi.-4co Ss AMOUNT: of Municipal Court � �CALIF. CLAIMANT: Eva P. Valadez, Able Ponce, Beatrice Castro, Olivia Ponce, Anthony Ponce, Thomas Ponce and Adam Ponce ATTORNEY: William L. Veen, No. 043150 DATE RECEIVED: April 1 1999 Cynthia Bernet-McGuinn, No. 099, Aril 1 1999 ADDRESS: James S. Iagmin, No. 191300 09'WDELIVERY TO CLERK ON: P Lair Offices of William L. Veen Aril 1 1999 A Professional Corporation BY MAIL POSTMARKED: P 711 Van Ness Avenue Suite 220 San Fan igco CA 94102 L FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. April 1 1999 PHIL BA HELOR, Cl.. Dated: P 'By: Deputy Chi IL FROM: County Counsel TO. Clerk of the Board of Supervis s ( This claim complies substantially with Sections 914 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.$). ( ) 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: 'i�YGt L D S 0 �Jl • t Dated: By: putt' County Counsel M. FROM Clerk of the Board TO: my Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present: ( This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: PHIL BATCHELOR, Clerk, By , Deputy Clerk WARNING (Gov. code sectio 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 acourt 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 NIA LING 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 s 1 WILLIAM L. VEEN, NO. 043150 CYNTHIA BERNET-MCGUINN, NO. 099324 2 JAMES S. IAGMIN, NO. 191300 LAW OFFICES OF WILLIAM L. VEEN 3 A PROFESSIONAL CORPORATION _ 711 Van Ness Avenue, Suite 220 ► 4 San Francisco, California 94102 V� Telephone: (415) 673-4800 5 ATTORNEYS FOR PLAINTIFF X�PE6 RVMORS 7CIA CO. 9i IN THE MATTER OF THE CLAIM OF } EVA P. VALADEZ, ABLE PONCE, } CLAIM OF EVA P. VALADEZ, ABLE 10 BEATRICE CASTRO, OLIVIA PONCE, } PONCE, BEATRICE CASTRO, OLIVIA ANTHONY PONCE, THOMAS PONCE, } PONCE, ANTHONY PONCE, THOMAS 11 and ADAM PONCE, } PONCE, and ADAM PONCE AGAINST } THE STATE OF CALIFORNIA 12 Claimants, } (CALTRANS) , SACRAMENTO COUNTY, } DEPARTMENT OF TRANSPORTATION 13 V. ) OF SACRAMENTO COUNTY, } DEPARTMENT OF PUBLIC WORKS OF 14 THE STATE OF CALIFORNIA } SACRAMENTO COUNTY, CITY OF (CALTRANS) , SACRAMENTO COUNTY, j SACRAMENTO, SAN JOAQUIN 15 DEPARTMENT OF TRANSPORTATION OF ) COUNTY, DEPARTMENT OF SACRAMENTO COUNTY, DEPARTMENT ) TRANSPORTATION OF SAN JOAQUIN 16 OF PUBLIC WORKS OF SACRAMENTO ) COUNTY, DEPARTMENT OF PUBLIC COUNTY, CITY OF SACRAMENTO, SAN ) WORKS SAN JOAQUIN COUNTY, SAN 17 EJOAQUIN COUNTY, DEPARTMENT OF ) JOAQUIN COUNTY COUNCIL OF TRANSPORTATION OF SAN JOAQUIN ) GOVERNMENT, CITY OF LODI, 18 COUNTY, DEPARTMENT OF PUBLIC ) CONTRA COSSTA COUNTY, WORKS SAN JOAQUIN COUNTY, SAN } DEPARTMENT OF TRANSPORTATION 19 JOAQUIN COUNTY COUNCIL OF } OF CONTRA COSTA COUNTY, GOVERNMENT, CITY OF LODI, ) DEPARTMENT OF PUBLIC WORKS OF 20 CONTRA COSTA COUNTY, DEPARTMENT } CONTRA COSTA COUNTY, CITY OF OF TRANSPORTATION OF CONTRA } RIO VISTA 21 COSTA COUNTY, DEPARTMENT OF ) PUBLIC WORKS OF CONTRA COSTA ) 22 COUNTY, AND CITY OF RIO VISTA ) 23 ) 24 TO THE STATE OF CALIFORNIA (CALTRANS) , SACRAMENTO COUNTY, 25 DEPARTMENT OF TRANSPORTATION OF SACRAMENTO COUNTY, DEPARTMENT OF 26 PUBLIC WORKS OF SACRAMENTO COUNTY, CITY OF SACRAMENTO, SAN JOAQUIN i 27 COUNTY, DEPARTMENT OF TRANSPORTATION OF SAN JOAQUIN COUNTY, 28 LAW OFFICES OF 1 "` WtLLtAM L.VEEN A Pfl:]FC SSfONA'.CC RPDRA iiDN a1 vAN NETS AWE.,fiVItE 210 "MJFRANC1'.GO,CA 94,02 CLAIM AGAINST STATEMENT OF CALIFORNIA, ET AL, Ei.. n t a7a4sao • i 1 DEPARTMENT OF PUBLIC WORKS SAN JOAQUIN COUNTY, SAN JOAQUIN COUNTY 2 COUNCIL OF GOVERNMENT, CITY OF LODI, CONTRA COSTA COUNTY, DEPARTMENT 3 OF TRANSPORTATION OF CONTRA COSTA COUNTY, DEPARTMENT OF PUBLIC WORKS 4 OF CONTRA COSTA COUNTY, and CITY OF RIO VISTA: 5 Pursuant to Government code sections 910 and 911. 2, claimants 6 Eva P. Valadez, Able Ponce, Beatrice Castro, Olivia Ponce, Anthony 7 Ponce, Thomas Ponce and Adam Ponce hereby submit the following 8 claims against the State of California (CALTRANS) , Sacramento 9 County, Department of Transportation of Sacramento County, 10 Department of Public Works of Sacramento County, City of Sacramento, i i 11 San Joaquin County, Department of Transportation of San Joaquin e 12 County, Department of Public Works of San Joaquin County, San 13 Joaquin County Council of Government, City of Lodi, Contra Costa 14 County, Department of Transportation of Contra Costa County, 15 Department of Public Works of Contra Costa County, and City of Rio 16 Vista. 17 CLAIMANTS: 18 The claimants are Eva P. Valadez, 719 Scottsdale Drive, 19 Vacaville, CA, 95687; Able Ponce, 1396 Callen St. , Unit B, 20 Vacaville, CA, 95688; Beatrice Castro, 304 Livingston Dr. , 21 Vacaville, CA, 95687 ; Olivia Ponce, 1174 Meadowlark Drive, 22 Vacaville, CA, 95687 ; Anthony Ponce, 1232 Danfield Way, Vacaville, 23 CA, 95687; Thomas Ponce, 212 Brookdale Drive, #33 , Vacaville, CA, 24 95687; and, Adam Ponce, 208 Gentry Circle, Vacaville, CA, 95687. 25 All of the foregoing claimants are the biological children and heirs s 26 of John Garcia Ponce and Erlinda Ponce, deceased. All of the 27 foregoing claimants have a claim for the wrongful death of their 28 i LAW OFFIUSOF - 2 - WILLIAM L.VEEN A PNOEESE10NA!COPP04A i!ON )ti VAN NE6S AVE..SJITE M 3AN MA(NC`SCO,C^A 94102 CLAIM AGAINST STATEMENT OF CALIFORNIA, ET AL. 1 parents. 2 RESPONSE AND NOTICE ADDRESS: 3 LAW OFFICES OF WILLIAM L. VEEN, 711 Van Ness Avenue, Suite 220, 4 San Francisco, California, 94102, (415) 673--4800. 5 FACTS GIVING RISE TO THIS CLAIM: 6 The occurrence took place on October 4, 1998, in an 7 unincorporated area within the Lodi Municipal Judicial District and 8 in the County of San Joaquin on State Route 12 , approximately .2 ! 9 miles east of milepost 12 SJ 1. 00 (or 1. 2 miles east of the 10 Sacramento County Line) hereafter referred to as the "ACCIDENT j e 11 SITE. " i 12I The circumstances giving rise to this claim are as follows. At 13 the above time and place, claimants' parents (John Garcia Ponce, DOB 14 3-14-30 and Erlinda Ponce, DOB 2-7-32) were involved in a two 15 vehicle accident with one Anita Frosi Kahrufeh. The motor vehicle 16 accident occurred when Anita Frosi Kahrufeh, operating a 1990 Ford 17 van and traveling in an easterly direction, crossed over the center 18 dividing line of the two lane highway and collided head on with a 19 1998 Ford Windstar, traveling in a westerly direction, operated by 20 John Ponce and in which Erlinda Ponce was a passenger. Mr, and Mrs. 21 Pence were killed in the collision. 22 Claimants assert that the State of California (CALTRANS) , 23 Sacramento County, Department of Transportation of Sacramento 24 County, Department of Public Works of Sacramento County, City of 25 Sacramento, San Joaquin County, Department of Transportation of San 26 Joaquin County, Department of Public Works of San Joaquin County, 27 San Joaquin County Council of Government, City of Lodi, Contra Costa 28 LAW OFFICES OF — 3 WILUAM L.VEEN n neoFeseoun:conroaanaN 11:VAN Ivf&S AVE..P.i4TE 220 SANFRANH.00I )67 4 94 00 CLAIM AGAINST STATEMENT OF CALIFORNIA, ET AL. TC-I.t475)S73-d 80o 1 County, Department of Transportation of Contra Costa County, 2 Department of Public Works of Contra. Costa County, and City of Rio 3 Vista negligently and carelessly designed, warned, failed to warn, 4 constructed, created, maintained, repaired, owned, operated, 5 controlled, signed, guarded and regulated the aforementioned 6 ACCIDENT SITE and the adjacent roadway thereby creating a dangerous 7 condition by: 8 (a) failure to warn of, and/or prevent and/or correct a 9 "dangerous condition" (a condition of property that creates a 10 substantial (as distinguished from a minor, trivial, or 11 insignificant] risk of injury when such property or adjacent 12 property is used with due care in a manner in which it is reasonably 13 foreseeable that it will be used) on, or immediately adjacent to, 14 public property; 15 (b) failure to provide and/or maintain an adequate and safe 16 barrier and/or median; i 17 (c) failure to warn of the absence of an adequate and safe 18 barrier and/or median, 19 (d) failure to provide and/or construct and/or maintain an 20 adequate shoulder along the roadway which contributed to this 21 accident; 22 (e) failure to provide and/or construct and/or maintain a safe 23 roadway width and/or roadway surface which contributed to this 24 accident; 25 (f) failure to provide an adequate number of lanes for vehicle 26 travel in light of the volume of traffic traversing the roadway; 27 (g) failure to post a sufficient number of signs at the time 28 LAW OFFICES OF 4 WILLIAM L.VEEN A Hn.r�aAo�HA,oh llt VaN'JfSS AV£_,BUTF 1?:1 sn"�eHAaCaieO,aaeoo1 62 i CLAIM AGAINST STATEMENT OF CALIFORNIA, ET AL. 1 of the injury to warn advancing motorists of the dangerous propensi- 2 ties of the roadway; 3 (h) allowing the legal speed limit at the location of the 4 accident to be greater than the speed at which vehicles could be 5 safely driven. Claimants are informed and believes that based on 6 the configuration of the roadway or other existing physical 7 conditions, speed signs should have indicated that area should be 8 driven at less than the legal speed limit; and 9 (i) failure to adequately warn of the dangerous and unsafe 10 conditions described above contributed to this accident by failure 11 to provide notice to motorists using the roadway of the dangers that 12 lie ahead which would have allowed motorists to anticipate and 13 better respond to such dangers. 14 These hazards, stated above, were not reasonable, violated 15 design standards and created a dangerous condition of public prop- 16 erty. If the roadway was designed with the aforesaid defects e 17 mentioned above, such designs were not reasonable and the designs 18 could not have reasonably been approved. If in fact the design was 19 reasonably approved, conditions changed substantially since time of 20 the design in that traffic volume and commute speeds have increased 21 tremendous) I y, creating an extremely dangerous condition in a roadway 22 span which is not properly and adequately signed and which lacks 23 necessary safety devices to warn motorists of the danger in the 24 road. 25 Further, the State of California (CALTRANS) , Sacramento County, 26 Department of Transportation of Sacramento County, Department of 27 Public Works of Sacramento County, City of Sacramento, San Joaquin 28 C LAW OFFICES OF 5 WILLIAM L.VEEN A t•N:]FFfi6:ON Al C —N.ION I1!VAN NE6S AV[..—TE 120 GANIt 1, 41b)67, 4 00 CLAIM AGAINST STATEMENT OF CALIFORNIA, ET AL. 1'1-1..id 15)H73-4800 1 County, Department of Transportation of San Joaquin County, 2 Department of Public Works of San Joaquin County, San Joaquin County 3 Council of Government, City of Lodi, Contra Costa County, Department 4 of Transportation of Contra Costa County, Department of Public 'Works 5 of Centra Costa County, and the City of Rio Vista knew or should 6 have .known of these hazardous, dangerous and defective conditions 7 and failed to take the necessary and appropriate steps to warn, 8 control, reduce and eliminate the hazards which conduct would have 9 and could have reduced or eliminated the injuries sustained by 10 claimants. 11 INJURIES 12 Claimants have a claim for the wrongful death of their parents. 131 PUBLIC ENTITY RESPONSIBLE: 14 Claimants are currently unaware of the name or manes of the 15 public employee or employees causing injury, damage, or loss to 16 them. Claimants reserve the right to amend this claim when such 17 information becomes known to them. 18 DAMAGES: 19 Claimants suffered damages permitted pursuant to BAJI 14. 50 20 which damages include economic and non economic sums to compensate i 21 them for the loss they have suffered by reason of the death of their 22 parents. These losses include loss of financial support which each 23 of the claimants would have received from the deceased except for 24 their death and the right to receive support which each claimant has 25lost by reason of such death. This is economic damage. In 26 addition, said losses include loss of love, companionship, comfort, 27 affection, society, solace or moral support. This is non-economic 28 LAW OFFWES OF .0 6 WILLIAM L.BEEN 1an11e 10Nwl coaroannon 71,-N NESS AVE.,_111 120 SAN FINN CO,CA 94$01 CLAIM AGAINST STATEMENT OF CALIFORNIA, ET AL. TEI..IM1 1'il 87�-4800 1 damage. Finally, such damages include compensation for the 2 reasonable expense which was paid out or incurred for funeral 3 services in memory of the decedents and for burial and/or 4 disposition of the bodies. This is economic damage. 5 Claimants are currently unaware of the amount of their economic 6 and non-economic damages, but estimate that they exceed thirty 7 million dollars given the nature of their loss. The amounts claimed 8 as damages exceeds the jurisdictional limits of the Municipal Court. 9 Therefore jurisdiction will rest in the Superior Court. 10 DATED: March , 1999 LAW OFFICES OF WILLIAM L. VEEN i i 11 � 12 By: 13 Cynthia Bernet-McGuinn Attorneys for Plaintiff 14 15 2856\0W56631.tnr 16 17 18 19 20 21 22 23 24 i 25 26 27 28 LAW OFFICES OF I — 7 WILLIAM L.VEEN n rparFssawni oaecaannu ni vaH Ness ave..aatTe s2o A III 0.1Y;C°"3 00 i CLAIM AGAINST STATEMENT OF CALIFORNIA, ET AL. _ _ _ `�''��'•. - . . ..;i .,,.7....1:.-.s."�'..�C.;C..._z `s �"+�i .. ' t- . 3 a q .V1 4 FIE SLID m urn, V 0 rw $ u> rrne n all Pzr . 0.i" C V-i O ( {�j f_ p t ate! c •H SD (a IDiYy71. +�K N ID 0 5jOw rn 3 «� v+ to x N y o 10 v� {�� �.� x��` Q ..S 3 < Syv x z r;, b ar y 4ta7o30 go a w m 1 s _ m af no st c c 81 tib'} "w•t» S' < CD f0 � � Ir CL. tti tin c3a fC t CIO 14 W „4Jy � Vj wz, � • yWrrr�RlMM4MI�II,ti � 03 iSID k r`Q ro CLAINI BOARD OF SUPERVISORS OF CONTRA MSTA CQIMM SIA- ........... BOARD ACTIO t , 9, Claim Against the County, or District Governed by the Boardof Supervisors, Routing Endorsements, NOTICE TO CLAIMANT and Burd Action. All Section referencesum The copy of ttis docent mailed to you is your California Goverrment Codes. '` y- � notice of the $coon taken on your claim by the Board of Supervisors. (Paragraph IV below), given A"' pursuant to Government Code Section 913 and COU-"-�-Y COUNSEL 915.4. Please note all "Warnings". MARTINEZ CALIF. AMOUNT: Exceeds Jurisdictional limits of Municipal Court CLAIMANT: lura' P. Valadez, Able Ponce, Beatrice Castro, Olivia Ponce, Anthony Ponce, Thomas Ponce and Adam Ponce Aril 1 1999 ATTORNEY: William L. Veen, No. 04350 DATE RECEIVED: p Cynthia Bernet-Mr-Guinn, No. 099324 April 1, 1999 ADDRESS: James S. iagmin!, No. 191300 BY DELIVERY TO CLERK ON: Law Offices of William L. Veen A Professional Corporation BY MAIL POSTMARKED: April 1, 1999 711 Van Ness Avenue Suite 220 SanFrancisca 94102 L PRONE Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. April 1 1999 PHIL BA LOR Clerk Dated: By: Deputy ?Zti� IL FROAI- County Counsel TO: Clerk of the Board of Supervi rs ( This claim complies substantially with Sections 910 and 910.2. { ) This claim FAILS to comply substantially with Sections 914 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: f f, d ZOft 7e5 /j f Dated: By�jk putt' County Counsel III. FY20M Clerk of the Board my Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with no ice to claimant (Section 911.3). IV. BOARD ORDF..R: 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: i` - t7', M 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 ;flection 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 SOF MAIL.ICNG 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: minty Counsel County Administrator 1 WILLIAM L. VEEN, NO. 043150 CYNTHIA BERNET-MCGUINN, NO. 099324 2 JAMES S. IAGMIN, NO, 191300 LAW OFFICES OF WILLIAM L. VEEN 3 A PROFESSIONAL CORPORATION 711 Van Ness Avenue, Suite 220 -- 4 San Francisco, California 94102 fv Telephone: (415) 673-4800 APR -- 5 ATTORNEYS FOR PLAINTIFF 6 S 7 8 9 IN THE MATTER OF THE CLAIM OF } EVA P. VALADEZ, ABLE PONCE, ) CLAIM OF EVA P. VALADEZ, ABLE 10 BEATRICE CASTRO, OLIVIA PONCE, } PONCE, BEATRICE CASTRO, OLIVIA ANTHONY PONCE, THOMAS PONCE, ) PONCE, ANTIMONY PONCE, THOMAS 11 and ADAM PONCE, } PONCE, and ADAM PONCE AGAINST } THE STATE OF CALIFORNIA 12 Claimants, ) (CALTRANS) , SACRAMENTO COUNTY, DEPARTMENT OF TRANSPORTATION 13 V. } OF SACRAMENTO COUNTY, } DEPARTMENT OF PUBLIC WORKS OF 14 THE STATE OF CALIFORNIA ) SACRAMENTO COUNTY, CITY OF (CALTRANS) , SACRAMENTO COUNTY, ) SACRAMENTO, SAN JOAQUIN 15 DEPARTMENT OF TRANSPORTATION OF ) COUNTY, DEPARTMENT OF SACRAMENTO COUNTY, DEPARTMENT ) TRANSPORTATION OF SAN JOAQUIN 16 OF PUBLIC WORKS OF SACRAMENTO } COUNTY, DEPARTMENT OF PUBLIC COUNTY, CITY OF SACRAMENTO, SAN ) WORKS SAN JOAQUIN COUNTY, SAN 17 JOAQUIN COUNTY, DEPARTMENT OF ) JOAQUIN COUNTY COUNCIL OF TRANSPORTATION OF SAN JOAQUIN ) GOVERNMENT, CITY OF LODI, 18 COUNTY, DEPARTMENT OF PUBLIC ) CONTRA COSTA COUNTY, WORKS SAN JOAQUIN COUNTY, SAN ) DEPARTMENT OF TRANSPORTATION 19 JOAQUIN COUNTY COUNCIL OF ) OF CONTRA COSTA COUNTY, GOVERNMENT, CITY OF LODI , ) DEPARTMENT OF PUBLIC WORKS OF 20 CONTRA COSTA COUNTY, DEPARTMENT ) CONTRA COSTA COUNTY, CITY OF OF TRANSPORTATION OF CONTRA ) RIO VISTA 21 COSTA COUNTY, DEPARTMENT OF ) PUBLIC WORKS OF CONTRA COSTA ) 22 COUNTY, AND CITY OF RIO VISTA ) 23 ) 1 24 TO THE STATE OF CALIFORNIA (CALTRANS) , SACRAMENTO COUNTY, 25 DEPARTMENT OF TRANSPORTATION OF SACRAMENTO COUNTY, DEPARTMENT OF 26 PUBLIC WORKS OF SACRAMENTO COUNTY, CITY OF SACRAMENTO, SAN JOAQUIN i 27 COUNTY, DEPARTMENT OF TRANSPORTATION OF SAN JOAQUIN COUNTY, 28 LAW OFFICES OF - - WILLIAM L.VEEN A I'AnF55ON AL tORPi)AATIpN ).5 VAN W-AVF.,—IL 2JD A""'A""I° °nye'°' CLAIM AGAINST STATEMENT OF CALIFORNIA, ET AL. _..._. _........ ......... ......... _.. ....... ...._....._. __........_.........__........._.... ...... ... .. ...... 1 1 DEPARTMENT OF PUBLIC WORKS SAN JOAQUIN COUNTY, SAN JOAQUIN COUNTY 2 COUNCIL OF GOVERNMENT, CITY OF LODI , CONTRA COSTA COUNTY, DEPARTMENT 3 OF TRANSPORTATION OF CONTRA COSTA COUNTY, DEPARTMENT OF PUBLIC WORKS 4 OF CONTRA COSTA COUNTY, and CITY OF RIO VISTA: 5 Pursuant to Government code sections 910 and 911. 2 , claimants 6 Eva P. Valadez, Able Ponce, Beatrice Castro, Olivia Ponce, Anthony 7 Ponce, Thomas Ponce and Adam Ponce hereby submit the following 8 claims against the State of California (CALTRANS) , Sacramento 9 County, Department of Transportation of Sacramento County, 10 Department of Public Works of Sacramento County, City of Sacramento, 11 San Joaquin County, Department of Transportation of San Joaquin 12 County, Department of Public Works of San Joaquin County, San 13 Joaquin County Council of Government, City of Lodi, Contra Costa 14 County, Department of Transportation of Contra Costa County, 15 Department of Public Works of Contra Costa County, and City of Rio 16 Vista. 17 CLAIMANTS 18 The claimants are Eva P. Valadez , 719 Scottsdale Drive, 19 Vacaville, CA, 95687; Able Ponce, 1396 Callen St. , Unit B, 20 Vacaville, CA, 95688 ; Beatrice Castro, 304 Livingston Dr. , 21 Vacaville, CA, 95687, Olivia Ponce, 1174 Meadowlark Drive, 22 Vacaville, CA, 95687, Anthony Ponce, 1232 Danfield way, Vacaville, 23 CA, 95687; Thomas Ponce, 212 Brookdale Drive, #33 , Vacaville, CA, 24 95687; and, Adam Ponce, 208 Gentry Circle, Vacaville, CA, 95687. 25 All of the foregoing claimants are the biological children and heirs 26 of John Garcia Ponce and Erlinda Ponce, deceased. All of the 27 foregoing claimants have a claim for the wrongful death of their 28 LAW OFFICES OF 2 WILLIAM L.PEEN A vrioeb'sioN Al coe 2-ON "A I i t (4151° °8"'°' 1 CLAIM AGAINST STATEMENT OF CALIFORNIA, ET AL. .... - ......... ......... .....__.. ......._.._.._. .. ___ .._ ........ .........__.......__... ........... ............... ..._...... .......... . . ._..... ._....... ......... ......... 1 parents. 2 RESPONSE AND NOTICE ADDRESS: 3 LAW OFFICES OF WILLIAM L. VEEN, 711 Van Ness Avenue, Suite 220, 4 San Francisco, California, 94102 , (41.5) 673-4800. 5 FACTS GIVING RISE TO THIS CLAIM: 6The occurrence took place on October 4 , 1998 , in an 7 � unincorporated area within the Lodi Municipal Judicial District and 8 in the County of San Joaquin on State Route 12, approximately .2 9 miles east of milepost 12 SJ 1. 00 (or 1. 2 miles east of the 10 Sacramento County Line) hereafter referred to as the "ACCIDENT 11 SITE. " 12 The circumstances giving rise to this claim are as follows: At 13 the above time and place, claimants' parents (John Garcia Ponce, DOB 14 3-14-30 and Erlinda Ponce, DOB 2-7-32) were involved in a two 15 vehicle accident with one Anita Frosi Kahrufeh. The motor vehicle 16 accident occurred when Anita Frosi Kahrufeh, operating a 1990 Ford 17 van and traveling in an easterly direction, crossed over the center 18 dividing line of the two lane highway and collided head on with a 19 1 1938 Ford Windstar, traveling in a westerly direction, operated by 20 John Ponce and in which Erlinda Ponce was a passenger. Mr. and Mrs. 21 Pence were killed in the collision. 22 Claimants assert that the State of California (CALTRANS) , 23 Sacramento County, Department of Transportation of Sacramento 24 County, Department of Public Works of Sacramento County, City of 25 Sacramento, San Joaquin County, Department of Transportation of San 26 Joaquin County, Department of Public Works of San Joaquin County, 27 San Joaquin County Council of Government, City of Lodi, Contra Costa 28 LAW OFFICES OF — 3 WILLIAM L.VEEN n r iof Facioaq c onPoanno" vnu N6�nve.,s,irE 2>a CLAIM AGAINST STATEMENT OF CALIFORNIA, ET AL. I FI.1+11.0«/;7-d ftUO 1 County, Department of Transportation of Contra Costa County, 2 Department of Public Works of Contra Costa County, and City of Rio 3 Vista negligently and carelessly designed, warned, failed to warn, 4 constructed, created, maintained, repaired, owned, operated, 5 controlled, signed, guarded and regulated the aforementioned 6 ACCIDENT SITE and the adjacent roadway thereby creating a dangerous 7 condition by: 8 (a) failure to warn of, and/or prevent and/or correct a 9 "dangerous condition" (a condition of property that creates a 10 substantial [as distinguished from a minor, trivial, or 11 insignificant) risk of injury when such property or adjacent 12 property is used with due care in a manner in which it is reasonably 13 foreseeable that it will be used) on, or immediately adjacent to, 14 public property; 15 (b) failure to provide and/or maintain an adequate and safe 16 barrier and/or median; 17 (c) failure to warn of the absence of an adequate and safe 18 barrier and/or median; 19 (d) failure to provide and/or construct and/or maintain an 20 adequate shoulder along the roadway which contributed to this 21 accident; 22 (e) failure to provide and/or construct and/or maintain a safe 23 roadway width and/or roadway surface which contributed to this 24 accident; 25 (f) failure to provide an adequate number of lanes for vehicle 26 travel in light of the volume of traffic traversing the roadway; 27 (g) failure to post a sufficient number of signs at the time i 28 t LAW OFFICES Of �' 4 WILLIAM L.VEEN n PROFEC.--Gn RMRA—: t s -N--S AVE..4:1��E 220 nNrrinnxrc:o.rnsalo2 CLAIM AGAINST STATEMENT OF CALIFORNIA, ET AL. ru.irt,al nrr-nano 1 of the injury to warn advancing motorists of the dangerous propensi- 2 ties of the roadway; 3 (h) allowing the legal speed limit at the location of the 4 accident to be greater than the speed at which vehicles could be 5 safely driven. Claimants are informed and believes that based on 6 the configuration of the roadway or other existing physical 7 conditions, speed signs should have indicated that area should be 8 driven at less than the legal speed limit; and 9 (i) failure to adequately warn of the dangerous and unsafe 10 conditions described above contributed to this accident by failure 11 to provide notice to motorists using the roadway of the dangers that 12 lie ahead which would have allowed motorists to anticipate and 13 better respond to such dangers. 14 These hazards, stated above, were not reasonable, violated 15 design standards and created a dangerous condition of public prop- 16 erty. If the roadway was designed with the aforesaid defects 17 mentioned above, such designs were not reasonable and the designs 18 could not have reasonably been approved. If in fact the design was 19 reasonably approved, conditions changed substantially since time of 20 the design in that traffic volume and commute speeds have increased 21 tremendously, creating an extremely dangerous condition in a roadway 22 span which is not properly and adequately signed and which lacks 23 necessary safety devices to warn motorists of the danger in the 24 road. 25 Further, the State of California (CALTRANS) , Sacramento County, 26 � Department of Transportation of Sacramento County, Department of 27 Public Warks of Sacramento County, City of Sacramento, San Joaquin 28 LAW OFFICES OF 5 WILLIAM L.VEEN a aa[t%S6ON AI toNnOftq'lH3N VAN.VE U'AVC.,9ulTf 20 `A""'A141b)°'11101) CLAIM AGAINST STATEMENT OF CALIFORNIA, ET AL. ......... ......... ......... ......... _...... _. ........._........_.. .......... ..........._......_.._.... .__...... ._. ....._ ......... ......... ......... 1 County, Department of Transportation of San Joaquin County, 2 Department of Public Works of San Joaquin County, San Joaquin County 3 Council of Government, City of Lodi, Contra Costa County, Department 4 of Transportation of Contra Costa County, Department of Public Works 5 of Contra Costa County, and the City of Rio Nista knew or should 6 have known of these hazardous, dangerous and defective conditions 7 and failed to take the necessary and appropriate steps to warn, 8 control, reduce and eliminate the hazards which conduct would have 9 and could have reduced or eliminated the injuries sustained by 10 claimants. 11 INJURIES: 12 Claimants have a claim for the wrongful death of their parents. 13 PUBLIC ENTITY RESPONdSIBLE: 14 Claimants are currently unaware of the name or manes of the 15 public employee or employees causing injury, damage, or loss to 16 them. Claimants reserve the right to amend this claim when such 17 information becomes known to them. 18 DAMAGES: 19 Claimants suffered damages permitted pursuant to BAJI 14 . 50 20 which damages include economic and non economic sums to compensate 21 them for the loss they have suffered by reason of the death of their 22 parents. These losses include loss of financial support which each i 23 of the claimants would have received from the deceased except for 24 their death and the right to receive support which each claimant has 25 lost by reason of such death. This is economic damage. In 26 addition, said losses include loss of love, companionship, comfort, 27 affection, society, solace or moral support. This is non-economic 28 LAW OFFICES OF — 6 WILLIAM L.VEEN i n wocsslonal casPoanxw !'I1 VAN NETS AYE.,X,111 210 ' SAN 11,01>9CO. 4300 2 CLAIM AGAINST STATEMENT OF CALIFORNIA, ET AL. rn.wlsl 81a 4300 ......... ......... ....._.._._.....11.11 ...... __...... .......... .._....._.... ................_......_.. ......... ......... .............. .. ....... ....................... 1 damage. Finally, such damages include compensation for the 2 reasonable expense which was paid out or incurred for funeral 3 services in memory of the decedents and for burial and/or 4 disposition of the bodies. This is economic damage. 5 Claimants are currently unaware of the amount of their economic 6 and non--economic damages, but estimate that they exceed thirty 7 million dollars given the nature of their loss. The amounts claimed 8 as damages exceeds the jurisdictional limits of the Municipal Court. 9 Therefore jurisdiction will rest in the Superior Court. 10 DATED: Marchi 1999 LAW OFFICES OF WILLIAM L. VEEN 11 j 12 By: 13 Cynthia Bernet-McGuinn Attorneys for Plaintiff 14 15 2856W005M31.tm 16 17 18 19 20 21 22 23 24 25 26 27 28 LAW OFFICE6 OF 7 WILLIAM L.VE€N .GFFtiloN nL CO qPo gnliON vnN NFSaVF.,nVllt 3YJ 'snrtrNnrlcISM cnga1°a CLAIM AGAINST STATEMENT OF CALIFORNIA, ET AL. n vie 21b, CD a d ' Q C CL at 10) c-r n 0 cr COD �. mm { t ' $ SOLa Fig rob 10 �r _ _ •w•. n tstt ca430 6� m14 � � w -----.--... .� rn CUMD !V -� „0ALk. x 0 CLAIM .�- BQARDT ,OF SUPERUSMS OF CONTRA STA CC1=s CAI M�` IA BOA AMI May 4, 1999 Claim Against the County, or [district Governed by } the Burd of Supervisors, Routing Endorsements, NOTICE TO CLAIMANT and Burd Action. All Section references � �. The copy of this document mailed to you is your California GovermentT%T Godes. notice of the action taken on your claim by the APR ll 1 1� Board of Supervisors. (Paragraph IV belov4, given pursuant to Government Code Section 913 and COUNTY COUNSEL 915.4. Please note all "Warnings". MARTINU CALIF. AMOUNT: Exceeds Jurisdictional Limits of Municipal Court CLAIMANT: Eva P. Valadez, Able Ponce, Beatrice Castro, Olivia Ponce, Anthony Ponce, Thomas Ponce and Adam Ponce ATTORNEY: William L. Veen, No. 04350 4TE RECENEI3: April 1, 1999 Cynthia Bernetr-McGuinn, No. 099 24 ADDRESS: James S. Iagmin, No. 191300 BY DELIVERY TO CLERK ON: April 1, 1999 Law Offices of William L. Veen A Professional Corporation BY MALL POSTMARKED: April 1, 1999 711 Van Ness Avenue, Suite 220 San Francisco CA 94102 L FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above noted claim. PHIL BATC OR, Clerk Dated: April 1, 1999 By: Deputy IL FROM: CountyCounsel M. Clerk of the Board of Supervisors (A 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: oy It�{J Cc SS� /? f �' L)113 ae Dated: By ounty Counsel Ili. FROM Clerk of the Board unty 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: _t��2 PHIL BATCHELOR, Clerk, By , Deputy Clerk V WARNING (Gov. code sectio 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 acourt action on this claire. 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. AFF'IDA'VIT OF MAnJNG 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 Count] County Administrator 1 WILLIAM L. VEEN, NO. 043150 CYNTHIA BERNET-MCGUINN, NO. 099324 2 JAMES S. IAGMIN, NO. 191300 LAW OFFICES OF WILLIAM L. VEENf 3 A PROFESSIONAL CORPORATION � � 711 Van Ness Avenue, Suite 220 ., IVED 4 San Francisco, California 94102 Telephone: (415) 673-4800 5 ATTORNEYS FOR PLAINTIFF 6 7 8 9 IN THE MATTER OF THE CLAIM OF ) EVA P. VALADEZ, ABLE PONCE, ) CLAIM OF EVA P. VALADEZ, ABLE 10 BEATRICE CASTRO, OLIVIA PONCE, ) PONCE, BEATRICE CASTRO, OLIVIA ANTHONY PONCE, THOMAS PONCE, j PONCE, ANTHONY PONCE, THOMAS 11 and ADAM PONCE, ) PONCE, and ADAM PONCE AGAINST THE STATE OF CALIFORNIA 12 Claimants, ) (CALTRANS) , SACRAMENTO COUNTY, DEPARTMENT OF TRANSPORTATION 13 V. ) OF SACRAMENTO COUNTY, DEPARTMENT OF PUBLIC WORKS OF 14 THE STATE OF CALIFORNIA ) SACRAMENTO COUNTY, CITY OF (CALTRANS) , SACRAMENTO COUNTY, ) SACRAMENTO, SAN JOAQUIN 15 DEPARTMENT OF TRANSPORTATION OF ) COUNTY, DEPARTMENT OF SACRAMENTO COUNTY, DEPARTMENT } TRANSPORTATION OF SAN JOAQUIN 16 OF PUBLIC WORKS OF SACRAMENTO } COUNTY, DEPARTMENT OF PUBLIC COUNTY, CITY OF SACRAMENTO, SAN } WORKS SAN JOAQUIN COUNTY, SAN 17 JOAQUIN COUNTY, DEPARTMENT OF ) JOAQUIN COUNTY COUNCIL OF TRANSPORTATION OF SAN JOAQUIN ) GOVERNMENT, CITY OF LODI, 18 COUNTY, DEPARTMENT OF PUBLIC ) CONTRA COSTA COUNTY, ! WORKS SAN JOAQUIN COUNTY, SAN ) DEPARTMENT OF TRANSPORTATION 19 JOAQUIN COUNTY COUNCIL OF ) OF CONTRA COSTA COUNTY, GOVERNMENT, CITY OF LODI, ) DEPARTMENT OF PUBLIC WORKS OF 20 CONTRA COSTA COUNTY, DEPARTMENT ) CONTRA. COSTA COUN'T'Y, CITY OF OF TRANSPORTATION OF CONTRA ) RIO VISTA 21 COSTA COUNTY, DEPARTMENT OF PUBLIC WORKS OF CONTRA COSTA } 22 COUNTY, AND CITY OF RIO VISTA } 23 ) 24 TO THE STATE OF CALIFORNIA (CALTRANS) , SACRAMENTO COUNTY, 25 DEPARTMENT OF TRANSPORTATION OF SACRAMENTO COUNTY, DEPARTMENT OF 26 PUBLIC WORKS OF SACRAMENTO COUNTY, CITY OF SACRAMENTO, SAN JOAQUIN 27 COUNTY, DEPARTMENT OF TRANSPORTATION OF SAN JOAQUIN COUNTY, ' ! 28 LAW OF£{C£S OF 1 "' WILLIAM L.VEEN 5510N ALCOHO HATICN )t i ANEP.AV£..SLi:i'e 220 ,AN A IllFN, (4 SCO. 4HO tlYl CLAIM AGAINST STATEMENT OF CALIFORNIA, ET AL. Ill IG 15j R�;i-q 800 1 DEPARTMENT OF PUBLIC WORKS SAN JOAQUIN COUNTY, SAN JOAQUIN COUNTY 2 COUNCIL OF GOVERNMENT, CITY OF LODI, CONTRA COSTA COUNTY, DEPARTMENT 3 OF TRANSPORTATION OF CONTRA COSTA COUNTY, DEPARTMENT OF PUBLIC WORKS 4 OF CONTRA COSTA COUNTY, and CITY OF RIO VISTA: 5 Pursuant to Government code sections 910 and 911.2, claimants 6 Eva P. Valadez, Able Ponce, Beatrice Castro, Olivia Ponce, Anthony 7 Ponce, Thomas Ponce and Adam Ponce hereby submit the following 8 claims against the State of California (CALTRANS) , Sacramento 9 lCounty, Department of Transportation of Sacramento County, 10 Department of Public Works of Sacramento County, City of Sacramento, 11 San Joaquin County, Department of Transportation of San Joaquin 12 County, Department of Public Works of San Joaquin County, San 13 Joaquin County Council of Government, City of Lodi, Contra Costa 14 County, Department of Transportation of Contra Costa County, 15 Department of Public Works of Contra Costa County, and City of Rio 16 Vista. 17 CLAIMANTS: 18 The claimants are Eva P. Valadez, 719 Scottsdale Drive, 19 Vacaville, CA, 95687 ; Able Ponce, 1396 Callen St. , Unit B, 20 Vacaville, CA, 95688; Beatrice Castro, 304 Livingston Dr. , 21 Vacaville, CA, 95687; Olivia Ponce, 1174 Meadowlark Drive, 22 Vacaville, CA, 95687 ; Anthony Ponce, 1232 Danfield Way, Vacaville, 23 CA, 95687; Thomas Ponce, 212 Brookdale Drive, #33 , Vacaville, CA, 24 95687; and, Adam Ponce, 208 Gentry Circle, Vacaville, CA, 95687 . 25 All of the foregoing claimants are the biological children and heirs 26 of John Garcia Ponce and Erlinda Ponce, deceased. All of the 27 foregoing claimants have a claim for the wrongful death of their 28 { LAW OMCF6 OF 2 WILLIAM L.VEEN n p:JffSS'(YNACONiO.lA iiON VAN N£51 All..S—210 A"1"A"'s°°"0A00 11 i.w���c�:�-ntxro CLAIM AGAINST STATEMENT OF CALIFORNIA, ET AL. � 1 parents. 2 RESPONSE AND NOTICE ADDRESS: 3 LAW OFFICES OF WILLIAM L. VEEN, 711 Van Ness Avenue, Suite 220, 4 San Francisco, California, 94102 , (415) 673-4800. 5 FACTS GIVING RISE TO THIS CLAIM: 6 The occurrence took place on October 4 , 1998, in an 7 unincorporated area within the Lodi Municipal Judicial District and 8 in the County of San Joaquin on State Route 12 , approximately .2 9 miles east of milepost 12 SJ 1. 00 (or 1. 2 miles east of the 10 Sacramento County Line) hereafter referred to as the "ACCIDENT 11 SITE. " 12 The circumstances giving rise to this claim are as follows: At 13 the above time and place, claimants' parents (John Garcia Ponce, DOB 14 3-14-30 and Erlinda Ponce, DOB 2-7-32) were involved in a two 15 vehicle accident with one Anita Frosi Kahrufeh. The motor vehicle 16 accident occurred when Anita Frosi Kahrufeh, operating a 1990 Ford 17 van and traveling in an easterly direction, crossed over the center 18 dividing line of the two lane highway and collided head on with a 19 1998 Ford Windstar, traveling in a westerly direction, operated by 20 Jahn Ponce and in which Erlinda Ponce was a passenger. Mr. and Mrs, 21 Pence were killed in the collision. 22 Claimants assert that the State of California (CALTRANS) , 23 Sacramento County, Department of Transportation of Sacramento 24 County, Department of Public Works of Sacramento County, City of 25 Sacramento, San Joaquin County, Department of Transportation of San 26 Joaquin County, Department of Public Works of San Joaquin County, 27 San Joaquin County Council of Government, City of Lodi, Contra Costa 2$ i LAW OFFICES OF — 3 ' WILLIAM L.VEEN A i•O FEse:iOk At CORoOAATiCN )t t vAN Nf55 AVE.,NI'E 230 SAN11.."15°°.`'4800 CLAIM AGAINST STATEMENT OF CALIFORNIA, ET AL. ............. ............................................ 1 County, Department of Transportation of Contra Costa County, 2 Department of Public Works of Contra Costa County, and City of Rio 3 Vista negligently and carelessly designed, warned, failed to warn, 4 constructed, created, maintained, repaired, owned, operated, 5 controlled, signed, guarded and regulated the aforementioned 6 1ACCIDENT SITE and the adjacent roadway thereby creating a dangerous 7 condition by: 8 (a) failure to warn of, and/or prevent and/or correct a 9 "dangerous condition" (a condition of property that creates a 10 substantial [as distinguished from a minor, trivial, or 11 insignificant) risk of injury when such property or adjacent 12 property is used with due care in a manner in which it is reasonably 13 foreseeable that it will be used) on, or immediately adjacent to, 14 public property; 15 (b) failure to provide and/or maintain an adequate and safe 16 barrier and/or median; 17 (c) failure to warn of the absence of an adequate and safe 18 barrier and/or median; 19 (d) failure to provide and/or construct and/or maintain an 20 adequate shoulder along the roadway which contributed to this 21 accident; 22 (e) failure to provide and/or construct and/or maintain a safe 23 roadway width and/or roadway surface which contributed to this 24 accident; 25 (f) failure to provide an adequate number of lanes for vehicle 26 travel in light of the volume of traffic traversing the roadway; 27 (g) failure to post a sufficient number of signs at the time 28 LAW OFFICES Of 4 WILLIAM L.VEEN SANMAN SCO,CA94102 I fl OCI'14014800 CLAIM AGAINST STATEMENT OF CALIFORNIA, ET AL. 1 of the injury to warn advancing motorists of the dangerous propensi- 2 ties of the roadway; I 3 (h) allowing the legal speed limit at the location of the 4 accident to be greater than the speed at which vehicles could be 5 safely driven. Claimants are informed and believes that based on 6 the configuration of the roadway or other existing physical 7 conditions, speed signs should have indicated that area should be 8 driven at less than the legal speed limit; and 9 (i) failure to adequately warn of the dangerous and unsafe 10 conditions described above contributed to this accident by failure 11 to provide notice to motorists using the roadway of the dangers that 12 lie ahead which would have allowed motorists to anticipate and 13 better respond to such dangers. 14 These hazards, stated above, were not reasonable, violated 15 design standards and created a dangerous condition of public prop- 16 erty. If the roadway was designed with the aforesaid defects 17 mentioned above, such designs were not reasonable and the designs 18 could not have reasonably been approved. If in fact the design was 19 reasonably approved, conditions changed substantially since time of 20 ; the design in that traffic volume and commute speeds have increased 21 tremendously, creating an extremely dangerous condition in a roadway 22 span which is not properly and adequately signed and which lacks 23 necessary safety devices to warn motorists of , the danger in the 24 road. 25 Further, the State of California (CALTRANS) , Sacramento County, 26 Department of Transportation of Sacramento County, Department of 27 Public Works of Sacramento County, City of Sacramento, San Joaquin 28 LAW OFFICES OF - 5 ' WILLIAM L.VEEN A P-11-CNA!.^.ORFO4AT!]N "'VAN NEER'AVE..S'JI:E iM 5A" Itt.`I""°R`°'CAg°'°' CLAIM AGAINST STATEMENT OF CALIFORNIA, ET AL. 1415)673-0Fi°O .......................................... 1 County, Department of Transportation of San Joaquin County, 2 Department of Public Works of San Joaquin County, San Joaquin county 3 Council of Government, City of Lodi, Contra Costa County, Department 4 of Transportation of Contra Costa County, Department of Public Works 5 of Contra Costa County, and the City of Rio Vista knew or should 6 have known of these hazardous, dangerous and defective conditions 7 and failed to take the necessary and appropriate steps to warn, 8 control, reduce and eliminate the hazards which conduct would have 9 and could have reduced or eliminated the injuries sustained by 10 claimants. 11 INJURIES: 12 Claimants have a claim for the wrongful death of their parents. 13 PUBLIC ENTITY RESPONSIBLE: 14 Claimants are currently unaware of the name or manes of the 15 public employee or employees causing injury, damage, or loss to 16 them. Claimants reserve the right to amend this claim when such 17 linformation becomes known to them. 18 DAMAGES: 19 Claimants suffered damages permitted pursuant to BAJI 14. 50 20 which damages include economic and non economic sums to compensate 21 them for the loss they have suffered by reason of the death of their 22 parents. These losses include loss of financial support which each 23 of the claimants would have received from the deceased except for 24 their death and the right to receive support which each claimant has 25 lost by reason of such death. This is economic damage. In 26 addition, said losses include loss of love, companionship, comfort, 27 affection, society, solace or moral support. This is non-economic 28 LAW OfFtCF9 OF 6 WILLIAM L.VEEN I I VIN NESS-,SUITE 220 EIA N PJAW,1SCO.CA 94102 Itl�14151673 411� CLAIM AGAINST STATEMENT OF CALIFORNIA, ET AL. 1 damage. Finally, such damages include compensation for the 2 reasonable expense which was paid out or incurred for funeral 3 services in memory of the decedents and for burial and/or 4 disposition of the bodies. This is economic damage. 5 Claimants are currently unaware of the amount of their economic 6 and non--economic damages, but estimate that they exceed thirty 7 million dollars given the nature of their loss. The amounts claimed 8 as damages exceeds the jurisdictional limits of the Municipal Court. 9 Therefore jurisdiction will rest in the superior Court. 10 DATED: March , 1999 LAW OFFICES OF WILLIAM L. VEEN 11 i 12 By: 13 Cynthia Bernet-McGuinn Attorneys for Plaintiff 14 15 28561(1OE15663I.tnr 16 17 18 19 20 21 22 23 24 25 26 27 28 i LAW OFFICES Of — 7 — WILLIAM L.VEEN A PH()E S)h At:. MRAT-ON 711 VAN Nt FS AVE..5'JI--E 220 ,ANIERANOS1.(4fd lby 673-AROCO.CA80 CLAIM AGAINST STATEMENT OF CALIFORNIA, ET AL. I f L. 15 JKA i. cz CD lAl CIA to ^p tJN 5 s i a tiD vory -� .. t CLAIM r BOARD AM May 4, 1999 Claim Against the County, or District Governed by the Board of Supervisors, pouting 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. I notice of the action taken on your claim by the Board of Supervisors. {Paragraph Ill below, given R3:Cn1a,V1X2D pursuant to Government Code Section 913 aW 915.4. Please note all "Warnings". AMOUNT: Unspecified APP C 8 1989 c0urITY coUNSeL CLAIMANT: Alvin B. Chan, Inc. MARTiNEZCAUF. ATTORNEY: c/o Kevin Mallett DATE RECEIVED: April 7, 1999 Hadfield, Kazan, Brenner & Mallett ADDRESS: 34.3 Sansane Street, Ste. 525 BY DELIVERY TO CLERK ON: April 7, 1999 San Francisco GA 94134 BY MAIL POSTMARKED: April 6, 1999 L FROft Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PHIL BAT ' LOR, Clerk Bated: April 8, 1999By: Deputy II. FROM: County Counsel TO: Clerk of the Board of Supervi rs ()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 cannotact for 15 days (Section 110.8). ( ) 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 111.3). ( ) Other: Bated: "t By: uty County Counsel III. FR1105s: Clerk'of the Board TU: ty 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 Hoard's Order entered in its minutes for this date. hated: .� !� PHIL BATCHELOR, Clerk, By � ' Deputy Clerk WARNING (Gov. code sectio 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 MAIMG 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:, )Y -!� By: PHIL BATCHELOR By 7,,.,„ 4 puty Clerk CC: County Counsel;' County Administrator CLAIM $OA LD OF SUPERVISOM OF CONTRA COSTA COUNTY, CALF' RNIA BOARD ACTlOAt try 4,; 1999 Claim Against the County, or District Governed by the Board of Supervisors, Routing Endorsemards, ) NOTICE TO CLAIMANT and Board Action. All Section references are to ) The copy of thus 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 Goverre ent Code Section 913 and APR 0 7 1999 915.4. Please note all "Warnings". AMOUNT: unspecified MAR7€INETY Z CALIF. CLAIMANT: Alvin B. Chan, Inc. ATTORNEY: c/o G. Kevin Mallett DATE RECEIVED: April 5, 1999 Hadfield, Kazan, Brenner & Mallett ADDRESS: 343 Sansome Street, Ste. 525 BY DELIVERY TO CLERK ON: 1 5 1g9A San Francisco, CA 94104 Unreadable BY MAIL POSTMARKED: L FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. April 7, 1999 PHIL BA,�I'CI "LOR, Clerk Ag,, Dated: By: Deputy ,�' � __2 011/ II. FROM: County Counsel TO. Clerk of the Board of Superv' rs ()6_Tbis 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: unty Counsel III... FROM Clerk of the Board TO: /nty Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present: This Claim is rejected in full. { ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated:+ '2 PHIL BATCHELOR, Clerk, ByDeputy 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. AFFMAVTT OF MAELJ N+G 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 f Deputy Clerk CC: County CounselCounty Administrator ............I................................................................................................................................ . .. ... ....................................................................................................................................................................................... HADFIELDo KAZAN, BRENNER & MALLETT PATRICIA HADFIELD ATTORN"S AT LAW TRIMPRONE PHILIP Y.KAZAN 343 SAWSOMB STUPMr,SUrrE 525 (415)056-5441 MICH"L J.SOUNNAR SAN rUANCX8OO,CA 94104 0.KEVIN MALY,ET1 PAX DAN*X.Oara"OWSXI (415)056-0708 JOHN N.CARR RECEIVED E EIVED April 1999 : 7 C P 7 All LAP R LA 0 so 0 OF supEr GARD OF S UR cz,s Clerk of the Board Contra Costa Board of Supervisors 651 Pine Street, Room 106 Martinez, CA 94553 Re: Claim Against the County of Contra Costa Dear Clerk of the Board: Enclosed please find the attachment to the Claim Against the County of Contra Costa for Equitable Indemnity, Contribution and Apportionment submitted on behalf of Alvin B. Chan which was inadvertently not attached to the claim submitted April 2, 1999. Thank you for your courtesy. If you have any questions, please do not hesitate to call our office. Sin erely, T Te e�sa Ramirez, Legal Assistant Enclosures ATTOFNEY OR PARTY WrITPLIT TTC3 -3 't' ADDRESS} Eif FOR COURT USE ONLY ; Ken ae as R: Bergqu�st(�ar I ry (925) 9? 10 'Stoddard,Pfeiffer,$ergguist& 'A -,4 LLP FAX No.; 1470 Maria Lane,Suite 300 (925)938-4354 Walnut Creek,California 94596 = t=. ATTORNEY FOR a $ BritzPlaintiffs Insert name of hurt judicial district or branch court,if any,and post once and street address: CONTRA COSTA SUPERIOR COURT 725 Court'Street P.O. Box 911 Martinez, California 94553 PSR X PLAINTIFF: 4S /? �. 1' Betty Britz TQ DEFENS T J M�shopping in center [M DOES I To 20 CASE NUMBER: COMPLAINT Personal Injury, Property Damage, Wrongful Death Q MOTOR VEHICLE paTl•ER(specify): Q Property Damage Q Wrongful Death C 9 [X]Personal Injury Q Other Damages(specify): $ t 1. This pleading, including attachments and exhibits, consists of the following number of paves: 5 2. a. Each plaintiff named above is a competent adult ( Except plaintiff(name): Q a corporation qualified to do business in California Q an unincorporated entity(describe): Q a public entity(describe): Q a rninor 1=an adult C3 for whom a guardian or conservator of the estate or a guardian ad#item has been appointed Q other(specify)- Q other(specify): Q Except plaintiff(name): Q a corporation qualified to do business in California M an unincorporated entity(describe): Q a public entity(describe): Q a minor Q an adult Q for whom a guardian or conservator of the estate or a guardian ad!item has been appointed i7 other(specify). Q other(specify): b. Q Plaintiff(name): is doing business under the fictitious name of(specify): and has complied with the fictitious business name laws. c. M Information about additional plaintiffs who are not competent adults is shown In Complaint--- Attachment 2c. (Continued) Form APOM"dby the Judicial�of C.a rcxii a COMPLAINT—= Personal injury, Property,Damage, Effective Ja=r,IW2 Ruta 98Z!{i) Wrongful death CCF 425.12 ltrdkAd Caaetll Farrar for/raW#=ru SHORT TITLE: _ CASE NLUBM Britz v. T J Maxx COMPLAINT---Personal injury,Property Damage,Wrongful Death page MG 3. a.Each defendant named above is a natural person CKI Except defendant(name):T J Maxx shopping center M Except defendant(name): M a business organization,form unknown C3 a business organization,form unknown M a corporation Q a corporation M an unincorporated entity(describe): © an unincorporated entity(describe): Q a public entity(describe): M a public entity(describe): [= other(specify): Q other(specify): M Except defendant(name): 1= Except defendant(name): CM a business organization,form unknown Q a business organization,farm unknown jD a corporation Q a corporation ( an unincorporated entity(describe): an unincorporated entity(describe): a public entity(describe): a public entity(describe), CQ other(specify): C€other(specify): b.The true names and capacities of defendants sued as Does are unknown to plaintiff. c, =1 information about additional defendants who are not natural persons is contained in Complaint-- Attachment 3c. d. [=] Defendants who are,joined pursuant to Code of Civil Procedure section 362 are(names): 4. Q Plaintiff`is required to comply with a claims statute,and a.0 plaintiff has complied with applicable claims statutes,or b.M plaintiff is excused from complying because(specify): 5. This court is the proper court because Q at least one defendant now resides in its jurisdictional area. M the principal place of business of a corporation or unincorporated association is in its jurisdictional area._ (M injury to person or damage to personal property occurred in its jurisdictional area. # other(specify): 6. M The following paragraphs of this complaint are alleged on information and belief(specify paragraph numbers): (Continued) pow two Arlo f C'"XCU F0~for HatOxr SHORT TITLE: CASE iltlMBER Blitz v. T J Maxx COMPLAINT—Personal Injury, Property Damage,Wrongful Death(Continued) Page a," 7. M The damages claimed for Wrongful death and the relationships of plaintiff to the deceased are Q fisted in Complaint---Attachment 7 Q as follows. a. Plaintiff has suffered EM wage loss Q loss of use of property IM hospital and medical expenses M]general damage Q property damage ®loss of earning capacity CJ other damage(specify): 9. Relief sought in this complaint is within the jurisdiction of this court. 10. PLAINTIFF PRAYS For judgment for costs of suit;for such relief as is fair,just,and equitable,and for M compensatory damages a](Superior Court)according to proof. Q(Municipal and Justice Court) In the amount of$ Q other{specify): 11. The following causes of action are attached and the statements above apply to each:(Each complaint must have one or more causes of actino attached.) Q Motor Vehicle ®General Negligence Q intentional Tort Q Products Liability Q Premises Liability C]Other(specify): . . . . . . . . Kenneth R.$,�rgquW . . . . . . . . (Type or pdt t non*) osignawm of plaintiff or all ail RLda 98ZI M(wnrd) COMPLAINT Personal Injury, Property Damage, pa°"ev" AdieW CmWdl Foram fear HotDocs'~ Wrongful Death(Continued) CCP 425.12 SHORT TITLE: CASE NUMBER- bV . .Britz v. T J Maxx CAUSE OF ACTION—General Negligence Rage (number) ATTACHMENT TO M Complaint M Cross-Compfaint (else a separate cause of action form for each cause of action.) GN-1.Plaintiff(name): Betty Britz alleges that defendant(name): T 1 Maxx shopping center Does I to 20 was the legal (proximate) cause of damages to plaintiff. BY the following acts or omissions to act defendant negligently caused amage to plaintiff on(date). d�34, l 9 = C'x3 t- at(place): UUz& en Franklin craft store in the T J.Maxx shopping center located at 4677 Clayton Road,Concord, California 9452 1. (description of reasons forfiability): The property owner of the shopping center negligently allowed a large hole to form in the pavement, creating a hazard in the walkway. Plaintiff sustained a severe fracture of the elbow. r�am c erre.Jammy 19e2 Rutz ae2t(3) CAUSE OF ACTION —General Negligence CCP 425.12 JudreLrr c4amem Form tor Hatoocr� SHOR`f T1TL E: CASE NUMBER' Britz v. T J lax 2 CAUSE OF ACTION--Premises Liability Dago (number) ATTACHMENT TO Complaint Cross-Complaint (Use a separate cause of aeon form for each cause of action.) Prem.L-1. Plaintiff(name):Betty Britz alleges the acts of defendants were the legal(proximate)cause of damages to plaintiff. On(date): July 24, 1997 plaintiff was injured on the following premises in the folkming fashion(description of premises and circumstances of injury): Outside the Ben Franklin craft More in the T J Maxx shopping center located at 4677 Clayton Road,Concord,California 94521. Prem.t`2. M Count One--`Noolgo ce The defendants who negligently owned, maintained, managed and operated the described promises were(names): M]Hoes I to 3 Prem.L-3. M3 Count Two—Wlliful Failure to Warn [Civil Code section 8461 The defendant owners who wil fulty or maliciously failed to guard or ward against a dangerous condition, use, structure, or activity were (names): [ ]Does .._... _..to' 6__� Plaintiff,a recreational user,was [3an invited guest Ma paying guest. Prem.L-4. Q Count Three- Dangerous Condition of Public Property The defendants who owned public property on which a dangerous condition existed were(names): M Does to a. C3 The defendant public entity had M actual CD constructive notice of the existence of the dangerous condition in sufficient time prior to the injury to have corrected it. b.M The condition was created by employees of the defendant public entity. Prem.L-5. a. Il Allegations about Other Defendants The defendants who were the agents and employees of the other defendants and acted within the scope of the agency were(names): M Does 7 to 10 b. [=I The defendants who are liable to plaintiffs for other reasons and the reasons for their liability are jD described in attachment Prem.L-5.b M as follows (names) Farm Approved by the Judkiai c�of CeWOMIS CCP 425.12 Efrea+vwe January t.1992 Ffuie 982.5(5) CAUSE OF ACTION—Premises Liability ,r„aicad avedr Pony&f0f s4d)0="" w ........................................... _ 0 i r w d 0 C o co) 00 so CO MIR WW� - b � 'tl ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ..._.... . __ ..... ........... ............... ......... ......._. ..__..... ......... .._........ ......._. ......... ......._. ......... ......... HADF°IEI.D, KA.ZAN, BRENNER & MALLETT PATRICIA HADFIR D AT'rOUNRYS AT LAW ` UIUS HON$ PHILIP T. KAZAN 343 igANSOME WMEE3'3 SUIXE 525 (�t15;838=3941 MICHA1:I1 J.HRIBNNBR SAWN**Et"OXOCOy CA 94104 r<« t3.YtY4VYN 11ALLR!'Y � x TAX DANA K.nR3911MO fSI I (413)436-01108 i ;YOHN N.CARR April 2, 9999 AN w} .Bow of SUPEF >6 Clerk of the Board Contra Costa Board of Supervisors 651 Pine Street, Room 906 Martinez, CA 94553 Re: Claim Against the County of Contra Costa Dear Clerk of the Board: Enclosed please find an original and two copies of our claim against the County of Contra Costa. Please return the endorsed received copies to our office in the enclosed envelope provided for your convenience. Thank you for your courtesy. If you have any questions, please do not hesitate to call our office. Sely, Inc1 ja 3 , 4 Teresa Ramirez, Legal Assistant Enclosures CLAIM AGAINST THE COUNTY OF CONTRA COSTA FOR EQUITABLE INDEMNITY, CONTRIBUTION AND APPORTIONMENT Y y TO County of Contra Costa ATTN: Clerk of the Board, Board of Supervisors 1. This claim is made by and on behalf of Alvin B. Chan, Inc., 805 Clay Street, ,San Francisco, California 94108. All notices regarding this claim should be sent to G. Kevin Mallett, Esq., Hadfield, Kazan, Brenner& Mallett, 343 Sansome Street, Suite 525, San Francisco, California 94104. 2. The date and place of the Incident giving rise to this claim is July 24, 1997, at defendant's, T.J.Maxx Shopping Center, located at 4877 Clayton Road, Concord', California. Plaintiff has filed a Complaint for personal injury due to a slip and fall/trip and fall accident occurring at the above mentioned address in case number 09803148, filed July 23, 1998 in the Superior Court of Contra Costa County, 725 Court Street, Martinez, California, 94553, a copy which is attached hereto entitled Betty Britz plaintiff v. T.J. Maxx Shopping Center and Does 1 through 20, inclusive. The Complaint is incorporated herein by way of reference and notice regarding the allegations and legal theories therein. On 3. On duly 24, 9997, plaintiff Betty Britz was walking on a sidewalk in the subject shopping center. At the time of the incident in question, defendant believes that plaintiff, Betty Britz tripped and fell on a difference of elevation between sidewalk and water meter or valve box located within the subject sidewalk. That elevation difference, defendant contends resulted from a failure to maintain and water meter/valve box situated in the sidewalk of said mall by the County of Contra Costa. As a result of the trip and or slip and fall incident of July 24, 1997, Betty Britz allegedly sustained injury. Defendant, Alvin B. Chan, Inc., seeks equitable indemnity from the County of Contra Costa for any liability arising out of the above referenced incident occurring July 14, 1997.' 4. The exact names of the public entity or entities and their agents and employees involved in this action may not be fully known at this time and claimant asks to be permitted to insert their names when discovered. 5. Claimant was served with Summons and Complaint on or about February 28, 1999. CLAIM AGAINST THE COUNTY OF CONTRA COSTA FOR EQUITABLE INDEMNITY,CONTRIBUTION AND APPORTIONMENT ''I'll.-,................................................................................................................................................................. ............ ........................................................................ 6. Claimant seeks equitable indemnity, contribution, apportionment and declaratory relief as against the County of Contra Costa based upon the allegations made and referenced in paragraphs three and four herein. The exact nature of the equitable indemnity, contribution, apportionment, and declaratory relief are presently unknown. DATED: April 2, 1999 HADFIELD, KAZAN, BREN14tF & MALLETT By G. KEVIN M-ALLETT -2- CLAIM AGAINST THE COUNTY OF CONTRA COSTA FOR EQUITABLE INDEMNITY,CONTRIBUTION AND APPORTIONMENT 7j� r �l 111 y d CO C.) adgi kk F f t+3 p W I ±�