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HomeMy WebLinkAboutMINUTES - 06221999 - C27 ClArM B IAR EQRM June 22, 1999 Claim :Against the County, or District Governed by � ft Board of Supervisors, Routing Endorsernanis, NOTICE TO CLAIMANT wl Board Action. All Section references are to The copy of this document moiled to you is your California Goverwent Codes. Mice of the action taken on your claim by the Board of Supervisors. (Paragraph IV below=), giver pursuant to Government Code Section 913 and 915,4. Please rote all "Warnings". AMOUNT: Not Specified IV CLAII�tAONT: Harris Arnold ATTORNEY. DATE RECEIVED: .tune 1, 1999 ADDRESS: N 3s odule, BY DELIVER.' TO CLERK ON: June 1, 1999 Martinez Detention Facility 901 Bourg Street BY MAIL POS".MARKED: May___ 1`99 Martinez CA 94553 LONT E Clerk of the Board of Supervisors M County Counsel Attached is a copy of the above-noted claire. PHIL B CIHELOR, Cler Dated lune 1999 By: Devuty . M FROM— County Counsel Clerk of the Board of Supe sears i ) This claim complies substantially with Sections 910 and 910.2. { This claim. FAILS to comply substantially with Sections 91€3 and 91€3.2, and we are so notifying claimant. °The Board cannot act for 15 days (Section 910.8). { Claire is not timely filed. The Clerk should return claire on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claire (Section 911.3). { ) O her: t 7� Bated: , € t�w -�,­ht K11- putt' County Counsel l ° Sd FT nL MClerk of the Board Iunty Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with otice to claimant (Section 911.3). BOARD ORDER. By unanimous vote of the Supervisors present: This Claim is rejected in full, { ) Cather: 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 secti 313) 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 NL411JNG 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 Haat today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated:'�4 By: PIEL BATCHELOR By � � `' � ,� � Deputy Clerk Cc. County Counsel County A.dFninist.mtor ............................................................................................................................................................................................................................................. 1 ✓r r� . RECEIVED _ - JUN l `.: f C01,114TRA.G .A Coi. f / F s .... r �' �'- ��., 9�r y,,,e' fi�I...✓"' ,fi ;.. fi�. , f`.,: ^iE fi �'f �;> ...fi- /f 3 `r / , x f: v, ;✓ �;r r wv : � )r ` < . ,...-.. 9 ,-:, r ,^ .:,Yf f.. -'ft f"`�y y✓Fa!'; L:^v -„x,,, :.i f .!}�. z ,;;•.�F a' .. .. �.......... .:.:�"' ..... f.. f .,n•' .d+.• „(.. 4r. ! ° kw:..v .... / : f A4, r r` a i .. L i , .,; ♦i;. r r __ _ _. ............... _ ___ __ __ . ....... .......................... ........_. ........ .... ..._. _..... .... ..__. ............_ .............._ / s / �s ti. a 3' , us ..oma•••+••. .. xr . : r � 6 r ;•1 r r' 4 a• .......11._.1.1 ......... ......... ......... ......... .1.. .....1 ............-................................ „.11..............1.1...... .. ........ ........ ........ ........ ......... ..... N I ' Proof Of ServiceLb Mail 3 Code Civ. Frac. § 1012 Fed. Rules of Civil Prat. 4 § 1013.(a) § 2015.5 Rule 5.(b) I declare that; 6 I am over the age of 18, aura citizen of the U.S., am a resident of Contra Costa County, and not a party to the within cause . . . My address is: I further declare,that I placed a true and correct copy of:he attached;��•,�" -h7is in an envelope(s ) and served a true copy upon the following, by addressing said envelope(s) as follows; � r I norther declare that the envelope{s) were then sealed postage prepaid and placed into :he bin marked "U.S. Mail" . . . I declare that the aforementioned is :rue and correct under the penalty of per;ur/ . . . Executed in Richmond California, Counry of Contra Costa. _1 Dated: This day of in the year 199 X Dec'arant �z CIA } p M v —BOARDBOARD OE SUERnSM-Of CM32A CM IA All June 22, 1999 Claim Against the County, or District Governed by # the Beard of Supervisors, Routing Endorsements, NOTICE TO CLAIMANT and Board Action. All Section references are to N copy of this documnt rrtazled to you Is your California Government Codes. I notice of the action taken on your clairn by the Board of Supervisors. (Paragraph IV below), Oven pursuant to Goverrnt Code Section 913 and IpCISU,VT .JD 915.4. Please note all 'Warnings". AMOUNT T: Not Specified J U A 0 3 1999 CLAIMANT. Farris Arnold ,OU" CO+'UNS L MART EZ CALIF, AI TORNTYa DATE . June 1, 1999 ADDRESS: C Module, #6 BY DELIVERY TO CLERK ON: 1999 Martinez Detention Facility 901 Court Sheet BY MAIL POSTMARKED, Liao 22,-, 1299., Martinez CA 9455.3 L FRONE Clerk of the Board of Supervisors 10. County Counsel Attached is a copy of the above-noted claim. MIL BATCHELOR, Ctt� Dated; June 3g 1999 By; Deputy IL 0114- County Counsel 1Xk Clerk of the Board sof SupeMsors "Ile This claire complies substantially with Sections 910 and 914.2. { } This claire 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 claire on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claire (Section 911.3). ) Other: Dated; R T 13 : putt' County Counsel l 11L : ° Clerk of the Board Canty (aeaaansel 1 County Administrator (2) } Claim returned as untimely with once to claimant (Section 911,3). TV.e BOARD ORDEEL By unanimous Grote 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, Bated. PFHL BATCHELOR, Clerk, By yesDeputy Clerk WAISv'ING (Gov. code secti 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 'darning See Reverse Side of This Notice. AFF,EDAMOF lbL 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 Postel Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, add3cssed to the claimant as shown above. Bated° a By: FIRL BATCBELOR By Deputy Clerk CC; County Counsel " , County Administrator CLAIM BOA OF SUTERYLSORS QE CON31ATA 1- - -. N � BOARD AO June 22, 1999 Claire Against the County, or District Governed by } the Board of Supervisors, RMing Endorsements, NOTICE TO CLAIMANT and Board Action, All Section references are to The copy of this document sailed to you is your California Governrnent Codes. i notice of the action taken on your claim by the Board of Supervisors. (Paragraph IV below), given pursuant to Goverrmnt Code Section 913 and Tease note all "Warnings � ,. AIMOLN' T: -N-lot Specified CI.,,AIMAN7: Bowie c/o Fenwick ebbs ATTORNTY: TATE RECEIVED: June 1, 1999 ADDRESS: c/o Renwick Gibbs BY DELIVERY TO CLERIC ON: 1929 C Module Martinez Detention Facility BY MAIL POSTMARKED: M v 28. 1929 901 Court Street Martinez CA 94553 L FROTNE Clerk of the Board of Supervisors TO County Counsel Attached is a copy of the above-noted claim. PHIL BA' CHELOR, Clerk Dated: 'June 3, 1999 By: Deputy. IL 1O : County Counsel TO: Clerk of the Board of Supe ors �. { ) This claim complies substantially with Sections 910 and 910.2. {' This claire 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). { ) Claire 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: BVy: putt' County Counsel EDL At6ln- Clerk of the Board TQ County Counsel (1) County Administrator (2) { ) Claim was returned as untimely with notice to claimant (Section 911,3). IV BOARD ORDEFLBy unanimous vote of the Supervisors present: This Claim is rejected in full. { ) Cather: I certify that this is a true and correct copy of the Board's Birder entered in its minutes for this date. Bated: a s ` 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 seep 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. AFFU)AVIT OF AIAHXN. G I declare Lander 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. W � I ut Clerk Dated: By: PHIL BAT'{CHELOR By � p y CC: County cminsel County Administrator TOR I WESeTMAN DEPUTIESPS.A PHkLLIS.ALTHOFP COUNSELJANICE L.AMENTA NORA G.BARLOW B.REBECCA BYRNES SIDY SILVANO B.MARCHESI CONTRA COSTA COUNTY ANDREA MONKA L..CCOOPOOPER R I CH IEF ASSISTANT'COUNTY COUNSEL VICKiE L.DAWES OFFICE OF THE COUNTY COUNSEL MARKE S.ESTIS D.FARR SHARON L.ANDERSON MICHAEL F COUNTY ADMINISTRATION BUILDING IJLLIAN T FUJI] ASSISTANT COUNTY COUNSEL 651 PINE STREET,9th FLOOR DENNIS C,GRAVES JANET L.HOLMES MARTINEZ,CALIFORNIA 94553-1229. KEVINT.KERB GREGORY C.HARVEY BERNARD L.KNAPP ASSISTANT COUNTY COUNSEL EDWARD v.LANE,JR. BEATRICE LiU MARY ANN MASON GAYLE MUGGLI PAUL R.MUF41Z OFFICE MANAGER VALERIE J.RANCHE STEVEN P.RET TIG DAVID F SCHMIDT PHONE(925)335-1$00 DIANA J. RSILVER BARBARA N.SUTUFFE FAX(925)646-1078 JACQUELINE Y.WOODS NOTICE OF INSUFFICIENCY ANDLQR NON-ACCEPTANCE OF CLAIM TO: Mr. Bowie c.o Renwick Cribbs C Module, #b Martinez Detention Facility 901 Court Street Martinez, CA 94553 RE: CLAIM OF: Mr. Bowie Please Tape 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: [ ] I. 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. [ 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 ($10,000), the claim fails to state whether Page 1. jurisdiction over the claim would rest in municipal or superior court. [x] 6. The claim is not signed by the claimant or by some person on his behalf [x] 7. Other: The claim fails to describe any duty or obligation of the public entity and any action giving rise to the claim. VICTOR J. WESTMAN, County Counsel By• putt' oun CERTIFICATE OF SERVICE BY MAIL (C.C.P. §§ 1012, 1013a,2015.5;Evidence Code§§641,664) 1 declare that my business address is the County Counsel's Office of Contra Costa County,651 Pine Street,Martinez,California 94553;lain a citizen of the United States,over 18 years of age,employed in Contra Costa County,and not a party to this action. I served a true copy of this Notice of Insufficiency and/or Non-acceptance of Claim by placing it in an envelope addressed as shown above,sealed and postage fully prepaid thereon,and thereafter was,deposited this day in the U.S.Mail at Martinez,California. I certify under penalty of perjury that the foregoing is true and correct. Dated: June f 1999,at Martinez,California. cc: Clerk of the Board of Supervisors(original) Risk Management (NOTICE OF INSUFFICIENCY OF CLAIM:GOVT.CODE§§910,910.2,920.4,910.8) Page 2 Cle►is to: BOA= Cg SVPLRVISOR$ OP CONTRA COSTA C0MgTY r.. A. Claims relating to causes of action for death or for injury to person -f 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 alter 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 47anuary 1. 1.9888 must be presented not later than six months after the accrual of the cause Of action. Claims relating to any other cause Of action must be presented not later than one year after the accrual of the cause: of action. (Gov't Code 911.3. ) B. Claims must be tiled with the Clerk of the board of Supervisors at its Office in Roca 106, County Administration Building, 651 bine Street, a.rtinoz, G 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. grliadr- Cee penalty for fraudulent claims, Penal Code See. 77 at the and of this form. RE: Clair By Reserved for Clark's filing stamp RECE 3►gainst the County of Contra Costa) �w or _ JUN 0 1 1,999 District) rr r (Fill in name) t�� ' 4:4:x,14 Z/:i�•�.. - 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. I. When did the damage or injury occur? (Give exact date and hour} 3. there did the damage or injury occur? (Include city and county) 3. Row 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' (over) S. what are the names of county or district officers, servants or smpl.oyoes causing the damage or injury? h a 6. What daz ga, or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach tvo estimates for auto damage.) 9. Nov vas the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) 8. Names and addresses of vitnesses, doctors and hospitals. 9. List the a nditurss you made on account of this accident or injury. } Gov. Code Sec. 910.2 provides "Tb* claim must be signed by the } claimant or by some person on his " Mame and Address of Attorney } } (Claizant'a Signature) } } } (Address) } } Telephone No. Tclephone No. ig#####•########iii######i#######i##########/t####iri###*i######i#ii#i YOTZCZ Section 72 Of the Penal Code provides: (very pers=m Vho, VIth intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, city or district beard or officer, authorised to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or vriting, is punishable either by imprisonment in the county jail for a period of not sore than one year, bfine of not exceeding one thousand ($I,,000) , or by both such Ymp' risonment and fine, or ;.by imprisonment in the State .prison, by a fine of snot exceeding ten thousand dollars (510,000, or by both such imprisonment and fine. .:. . ........ 0 . , -:-c09. '.. . Nx d > '✓( '` it d."`.F�v{ > 7 ..,`�'• 'H. hh t s h h J� 7c,hy,,4 t4 is' .:'ri ' tierr." mow..' JYf k•...;n`J fi, l,Pt' ®`} t" ' {'two}';. g ; � ✓h _ a �'•fa+�:�i.... y.. J y( ,} a'{ { 2- �i . 4 v J.{` � } :, h �C&:.: +Yl�'^a5•i .. .n•..vc - x .+. x ati. r •:. `✓ 5 } {a� 9 �. a Y ^. Jif" .. .. bw/. y5 /4+ �(?.',♦/�. .. tF�F...... +7 �'`F J + V"/` .M `',f * . .: _. Wiz:: r� , 1 Proof Of Servicey Mail 3 Code Cir. Pt oc. § 1012 Fed. Rules of CIMI Proc. 4 § 101I(a) § 2015.5 Rule 5.(b) 5 I declare that; I am over the age of 18, aura citizen of the U.S., am a resident of Contra Costa County, and not a party to the within cause . . . My address is. t i f xther declare,#that l placed a true and correctcopy f he .attached; 9 9 p r. `% . �laa es te-m Lam` d�'w I.s M41 in an envelope( s) and served a true copy upon the following, by addressing said envelope( s) as follows; `}V+Si�,. r 1, L t dPik i further declare that the enveicpels) were then se2led postage prepaid and placed into the bin marked "U.S. Mail" . . . �.y I declare that the afcrernenticned is true and r-or-ect under the penalty of periui l . . . E.xecLited in Richmond California, County of Contra Costa. Dated. This day of in the year 199 9 x __ Dec`arant ,.-- WX > vp CAM,. 3 CLMM BOARD OF SLIPEMSMS QE COMA CQSIA QMXM CAI I~tW D AM June 22, 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 The copy of ft doeLmnt moiled to you is your California Goverment Codes. i notice of the action taken on your claim by the ward of Supervisors. (Paragraph IV belov4, liven pursuant to Governrnent Code Section 913 and r 915.4. Pisase rote all °Warnings°°. tt)LTI"AT: Not Speclff.ed CL.AIM.A ': i.ric Busby c/o penwick. Gibbs ATTORNEY: DATE RECE June 3, 1999 DRESS: G 'nodule #6 BY DELIVERY TO CLERIC ON: - June 3, 1.999 Martinez Detention FacHity 901 Court t Street BY MAIL POSTMARKED. Interoffice Transmittal Martinez CA 94553 I. FRONE Clerk of the Board of Supervisors M. County Counsel Attached is a dopy of the above-noted claire. PFUL June 3 1999 iELOR, Cler a Dated: 9 Ey: Deputy IL FRON1 County Counsel Tom: Clerk of the Board of Superviso ( This claire 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 N Board cannot act for 15 days (Section 910.8). Claim is not timely filed. The Clerk should return Maim 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: y Li� AllM �y: 1Lf*_Ry_C0unty Counsel { OAA Clerk of the Board 7Xk County Counsel (1) County Administrator (2) ( ) Maim was returned as untimely with notice to claimant (Section 911.3). BO By unanimous vote of the Supervisors present: This Claire 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. Bated: I'I9I, BATCHELOR,OR, Clerk, By Deputy Clerk WC (Gov. aide section 13) Subject to certain exceptions, you have only sic (6) months from the date this notice was personally seared 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 avant to consult an attorney, you should do so immediately. *For Additional Warning See Reverse Side of This Notice. AFFIDAVIT OF MAIMG I declare sander penalty of perjury Haat I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and Haat 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. Bated: �, ' By: PAIL, BATCBELOR Rv9�2���..___Deputy Clerk . County Counsel County Admdnistmtor VICTOR J.WEST AN DEPUTIES: PF1pLLIP 1P S.S.ALTHOFF COUNTY COUNSEL JANICE L.AMENTA NORA G.BARLOW B.REBECCA BYRNES ANDREA W.CASSIDY g FANO ARcHSICONTRA COSTA COUNTS UONiKAL COOPER CHI.EF ASSISTANT COUNTY COUNSEL ViCKOFFICE OF THE COUNTY COUNSEL MAR E L.DAWES ARKc S.ESTIS MICHAEL D.FARR SHARON L.ANDERSON CCIC;NTv.AC?JINtSTRAT9O4d BUILDING LiLL4AN T.FUJii AS&S'sANT COUNTY COUNSEL 651 PINIE STREET 911-hFLOORJA N C.GRAVES ANETT LtiOLMES MARTINEZ, CALIFORNIA 94553-1229 KEV;NT KERR GREGORY C.HARVEY BERNARD;.KNAPP ASSISTANT COUNTY COUNSEL EDWARD V.LANE,JR. BEATR9CE LiU MARY ANN MASON GAYLE €V3UGGLE PAUL R.MUNIz VALERIE J.RANCHF OFFICE MANAGE} STEVEN P.RE TTiG DAVID F.SCHMID, J. PHONE(925)335-1800 BARDIANA RA N,SILVERSUTLIFFE FAX(925)646-1078 ACQUEUNEY.WOODS h'tJTICE OF INSUFFICIENCY ANDCIZ N NT -ACCEPTANCE CF CLAIM TO: Eric Busby c/o Fenwick Cobbs C Module, #6 Martinez Detention Facility 901 Court Street Martinez, CA 94553 RE: CLAIM OF: liar. Bowie 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 Govemment Code Section 910 and 910.2, or is otherwise insufficient for the reasons checked below: [ D. The clam fails to state the name and post office address of the claimant. [ ] 2. The claim fails to state the post office address to which the person presenting the claim desires notices to be sent. [x] 3. The claim;ails 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 names) of the public employee(s) causing the injury, damage, or loss, if known. xj 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 ($10,000), the claim fails to state whether Mage 1 Jurisdiction over the clam would rest in municipal or superior court. [x] 6. The clam is not signed by the claimant or by some person on his behalf x] 7. Other: The claim fails to describe any duty or obligation of the public entity and any action giving rise to the claire. VICTOR J. WEST'vMAN, County Clunsel By: 77 �— oun y t6xiiel 1 CERTIFICATE QF SERVICE BY MAIL (C.C.P. §§ 1012, 1013a,201.5.5;Evidence Code §§641,664) I declare flat my business address is the County Counsel's Office of Contra Costa County,651 Pine Street,Martinez,California 94553;1 am a citizen ofthe United States,over 15 years of age,employed in Contra Costa County,and not a party to this action. I served a true copy of this Notice of Inst ficiency and/or Non-acceptance of Claim by placing it in an envelope addressed as shown above,sealed and postage fully prepaid thereon,and thereafter was,deposited this day in the U.S.Mail at Martinez,California. I certify under penalty of perjury that the foregoing is true and correct. Dated: Time 1999,at Martinez,California. cc: Clerk of the Board of Supervisors(original; Risk Management (NOTeCE OF 1NSUMCIENCY OF CLL &GOVT.CODE§§910,9113.2,920.4,930.8) Pane 2 k( ell • J{w4117,1 y �•..= �. �.'`� 'y rf .� is � � `'{ �A +' f''�� r 4E{ ,�<F � G` J fr" `�� � � :a"-y As,�•:.{ �•r> f�:y -�A'•, �;{ ,� � ,< �,,�,-� � �'� �� '°��+°r{'.:r� .�"Eae`r � �� ,�'J✓ �-i•:'--�yyyi 'ix>*`: / D"�b',<..: � c� � }�.N" h, ' 'agpe%'o•' .j" �++fi� � t, T (t�' 'rte �� � � �� J'f.} i�" ��,..✓ f� { f� : „iv ,fr qtr :r �' � � �Y �'�,.` - ..i� ii✓ �,.�+ � �� .�` tF.T•: r+.•�$:� .o 4�-: r � : �f/ ,•j,ylF 4^ /; M:.. � �IN � F y�4�� frt 1�R is 5r- )Y 4tr}' ��-- is {:•. ��` •J, u- ,' � a.'" ,{., d,c•y.�,�):��`Fr'� ,# v :^^, °+� � r ?t,»•ic ,E ..y rte' { A - �r' •clay j r< n... i` XA 5 'M {r r r' rr — sti 7 y? y r :. 1 1 P-Q!Qf Qf Service ILMAfl 3 Code CIv. Proc. § 1012 Fede sates of CMI Proc. 4 § 1013,(a) § 2015.5 Rule 5m(b) 5 I deciare that, 6 I am over the age of 18, arna citizen of the U.S., arra a resident of Contra Costa County, and not a party to the within cause > d . My address is: I girt"° er decdar .that I placed a true and correct copy f the .attached{' �� :o.g. # z. :,s;:g .rt,i. S •.r ,•# r _ .. t '.ry L . ].moi n-'? f - i ; b : in an envemop (s) and sewed a. true copy upon the following, by addressing said envelope( s) as fellows; #Nt t.atc 'meq': w $�::. �� t, ;,�F� � h.<•}3 5-t I further declare that the enveicpe(s� were then, sealed postage prepaid and -faced 'nto the bin marked "U.S. Malt" J I declare that the aforementioned is true and correct under the penalty of Pei-;ur�1 , , , yyqq Richmond p y �7 y rr ryy !p 1f �pq y^ {y b.ei e�.>se\d in Ric ed ono Caffornia, i,.L/L nvy o Co :ra `.erbost2• mIJ Dated: This day of bre the year ;99� x u_ IJec'.arart t7 UL o � x t f� { s s` CLAM 2_7 OE iY4 • r d� 8 q,�qy Y i0 b$ y d f$ 1 g Al 8R4 £ffi EMU = June 22, 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 The copy of tNs document mailed to you is your California Govermmnt Odes. notice of the action taken on your claim by the bard of Supervisors. (Paragraph ltd below), liven pursuant to Goverment Code Section 913 and a915.4. Please note all "Warnings". _1 A.\4OU X1T: Unspecified CAU, CLAIMANT: Mark Lydell Dixon ATTORNEY: DATE RECEIVED: Mai ch 17, 1999 ADDRESS: Martinez Detention Facility BY DELIVERY TO CLERK ON: _-_ March 17, 1999 M. Lydell Dixon: 99204338, B Module, lm. 14 901 Court Street BY L POSTMARKED: May 14, 1999 Martinez CA 94553 L FRONLE Clerk of the Board of Supervisors TQ. County Counsel Attached is a copy of the above-noted claim. PHIL EAT LOO,,, Clerk y Dated: March 17, 1999 Ey: Deputy IL FRONL 1 County Counsel TO: Clerk of the Board of Supervis s ( , This claim complies substantially with Sections 910 and 910.2. This claim FAILS to comply substantially with Sections 910 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 of claimant's right to apply for leave to present a late claim (Section 911.3). Vol Lt fd 6o vni-v Irl "/)/,a { Dated: y: puty County Counsel W. D1 : Clerk of the Board unty Counsel (1) County Administrator (2) ( ) Maim was returned as untimely with notice to claimant (Section 911.3). > BOARD ORDER. Ey unanimous vote of the Supervisors present: This Claire is rejected in full. ( ) Dthen I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: °'y PFHL BATCHELOR, Clerk, Ey , Deputy Clerk r CZ WARN T? C (Gov. code section 913) Subject to certain exceptions, you have only six (b) months from the elate this notice was personally served or deposited in the snail 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. *Por Additional Warning See Reverse Side of This Notice. AFTMAVIT OF NMD.XN1G I declare under penalty of penury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 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 Ey � � �Deputy Clerk CC: County Counsel County Administrator Clam xo: Boil= of 1DPLR`ItoRs oP CO IA COSTA COUNTY INSTR1?CT12n ro CL3►21tR2,tT 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 parsonal property or growing crops and which &ecru* on or after January 3., lose,, moist 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. (Covet Coda 911.2.) R. Claims must be filed with the Clark of the Board of Supervisors at its Office in Room 106, County Administration Ruidinq, X651 Pine street, Martinez, CR 94553. C. 2f claim is against a district governed by the Board of Supervisors, rather than the County, the rams of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed Zqainst tach public entity. E. Fraud,, See penalty for fraudulent claims, Penal Code Sec. 72 at the and of this form. RE: Claim 8y {:... ... :. Reserved for Cl*rk's filing stamp Against the County of Contra Costa) RECEIV or :> MAY 17 1999 District) (fill in named CLERKBOARr sus } cow"I s The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of and in support of this claim represents as follows: 1. When did the damage or injury occur? (Give aexact dat* and hour) t Y a 2. 'Where did the damage or injury occur? (Include city and county) 3. Nov did the damage or... injury occur? (Give lull detailst use extra papar if required) ...'... '.., CM .. > s 4. What particular act or omission on the part of dounty or district officers`, servants or employees caused the injury or damage? (over) _...... .... ......... _.. _....... ......... ............. .................................................................. .... ._ _... 5, What are the names of county or district officers, servants or l employees causing the damage or injury? x � f '6 what damage or injuries do you claim resulted?' Give full extent of injuries or damages claimed. Attach two estimates for auto damage. ) s t>, 7. Itov vas the amount claimed above computed? (Include the``estimated amount of any prospective injury or damage.) a. Names and addresses of witnesses, doctors and 'bospftals. 1r �. ) J > O. LL'•:.•. ...>> v,,t .. 9, List the axper dituras you *ad* on account of this arc dent or injury. AMOUNT Dov. Code Sao. 910.2 provides s The claim must be signed by the claimant or by some person on his w Name and Address of Attorney ) } • riur e t Claimant ){r< FS Q s; � f yt }} Y dress) Telephone pcw �v. ' ::. ) Telephone No'r'" XOTXCZ Section 72 of the Penal Code provides: Lvery person tubo, 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, authorised to allow or pay the same if genuine, any false or fraudulent claims bill, account, voucher, or writing, is punishable either by imprisonment in the county jail for a period of not mors than Qne year, bWrisonm*nt fine of not exceeding ane thousand (si3Ooo , or by both such and fine, or by Imprisonment in the state prison, by a fins of not exceeding ten thousand dollars (Slo,000, or by both such imprisonment and fins. _ _. _ ...... __ ........... YIP kA L. '�,b^'4+i. 'b 7T � � Ma yr,>�•.." � .��:: TT � d.+Mryv.. �y VI a r D :. -..,,c �. �Y � D'w'�w°'rcavi;+�a9+:�wo. ��'•:.t�°°`. '� ( � +�v"�'C � .e �{y •�'. ^ r S C �v �� a a a,,s. `� ,�" �"t ,wa 1 'yewvs•'. i-.- r r . :.;. ,, '� �' > 'w�'rro•.�;.�.J;om,`�� per.,<: � �'. y'' ,'� is -,� kr.�� •,,,,,:r ;; tw � ,� �A s•' �°` � ��•. �,.,�a,� �'` �� � �' { v,..�.>i'yXila+�+� � .:�. �' GMP �• rt f� � -$ ��� d +� � rrt+.vy..;yq� .u:• �, •t L NA IITA ELT y .. ... "} VR qj t �+ r• i. § .� .,-was w�u.ua>.0+u,�ytl,-..rw,;�,.. wee{... � �-�.3 �..:�•'� *dY.,�- !� � .vim S �b `±v: 'v+le! �i����'R, � ��,F��� s( - �c Nu. I C E,,I v ew.p rs A-T yam, Ir 63cn w WOOOW M Ba Y — i t g�+ { CC r 5 $ y 1 a CLAIM �OARI�' DF St1PI;R'trlStt�� ��' C`C�N1"I�.A CfJSTA C."CJI11?�i�"i'� �''A,i tl�'� A BOARD AEr'flt Jame 22, 199 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 docu nent irWled to you is your California Government Codes. i wtice of the action taken on your clairn by the Board of Supervisors. !Paragraph IV below!, given pursuant to Govermnent Code Section 913 and 915.4. Please note all "Warnings". AMO LNNT: $400.00 and General Damages Proof CLAIMANT: Justin Eckhart ATTORNEY: Micnael D. Ranahan, Esq. DATE RECEIVED: .lune 8, 1999 1850 Mt. Diablo Blvd. , #320 ADDRESS: Walnut Greek CA 94596 BY DELIVERY TO CLERK. ON: June 8, 1999 BY MAIL POSTMARKED: Hand-Delivered L FROM: Clerk of the Board of Supervisors TIO: County Counsel Attached is a copy of the above-noted claim. June 9, 1999 PML BATC LOR, Clerk 1. Dated: By: Deputy IL FRO3i1AL County Counsel TO. CIerk of the Board of Supervisor ( ) This claim complies substantially with Sections 910 and 910.2. ( ) This claire 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). ( ) Cather: Dated: 170 By: Deputy County Counsel F 27 l� P'ftCf Cleric of the Board unty Counsel (1) County Administrator (2) ( ) Claire was returned as untimely with notice to claimant (Section 911.3). TV BOARD CORDER: 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 13) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the trail 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 bL41LZiG 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 fa CC: County Coiner County Administrator CLAIM AGAINST CONTRA COSTA COUNTY (Government Code §910) NAME AND ADDRESS OF ENTITY: Contra Costa Count p County (SheriffEls Department) EC EI) Clerk of the Board of Supervisors 651 Pine Street JUN 0 8 1999 Martinez, CA 94553 A. CLAIMANT' S NAME AND ADDRESS: &.1PERVISORp Justin Eckhart 4157 Sequoia Drive Oakley, CA 94561 B. ADDRESS TO WHICH NOTICES ARE TO BE SENT: Michael D. Ranahan, Esq. 1850 Mt . Diablo Blvd. ##320 Walnut Creek, CA 94596 C. DATE, PLACE AND OTHER CIRCUMSTANCES OF OCCURRENCE GIVING RISE TO CLAIM: Date of Injury: December 10, 1998 Place of Injury: East Cypress Road north of SR4 , unincorporated Contra Costs. County Circumstances : Claimant Justin Eckhart was a passenger in the cord Ranger pickup truck being driven by his mother Pamela Eckhart . Pamela Eckhart was driving her pickup truck on Cypress Road in uni:;.corporated Contra Costa County. Mrs . Eckhart stopped for the flashing red railroad crossing lights and was struck from behind by a Sheriff' s vehicle being driven by Officer Gene Rasmusson. Officer Rasmusson negligently drove his car thus causing the collision. Claimant is informed and believes that Contra Costa County was the owner of the vehicle officer Rasmusson was driving and employer of officer Rasmusson. As such, Contra Costa County has ownership and vicarious liability for the injuries and damages suffered by claimant . A copy of the California Highway Patrol report is attached to this claim. D. GENERAL DESCRIPTION OF INJURY,, DAMAGE OR LOSS SO FAR AS KNOWN: Claimant Justin Eckhart suffered injuries which include, but are not limited to, an injury to his head and neck. Loss of earnings documentation, medical records, reports and itemized billings have not been obtained as of this date and therefore, the full extent of claimant' s injuries and damages is unknown. However, claimant' s estimated medical bills are approximately $100 . 00 and his wage loss is $300 . 00 . General damages will be sought according to proof . Clam Against Contra Costa County (Sheriff' s Department) Page Two Re : Justin Eckhart E. NAME(S) OF PUBLIC EMPLOYEE (S) CAUSING INJURY/DAIdAGE/LOSS, IF KNOWN: Gene Rasmusson Sheriff' s Department 651 Pine Street Martinez, CA 94553 F. AMOUNT OF CLAIM: Claimed amount exceeds $10, 000 . 00 . "herefore no dollar amount is included in claim. The cla-im at this time appears to be a limited civil case . G. SIGNED BY OR ON BEHALF OF CLAIMANT: DATED: Jane 8, 1999 MICHAEL L. RANAHAN »� Attorney for Claimant Justin Eckhart STATE OF�AL£FORNIA � `T�RAFFLCOLLISION REPORT YAGZ -op SPECIAL COND(TFONS I NO INS II"FEL CITY IUDICIAL DIMCr NUMBER SINMROENCY VES i 0 UNINC DELTA I NO KILL #TAR MiSD COUNTY DIST BEAT 0 coNTRA CQSTA. 81 C*StaxR: -,V7 COLLISION OCCURRED ON: MO DAY YEAR , T3imFEC7i0(J) NCIC# OFFICER L o ` EAST CYPRESS RD 12110198 i43 930 031 C T i MILEPOST INFORMATION: DAY OF WEEK TOW AWAY j PHOTOGRAPHS BY: I THURSDAY C]YES pq Nd N jje AT INTERSECTIONWTIH: STATE HWY REL OR. 750 f et N of f I YES 14 No NONE 'PARTY DRIVER'S LICENSE NUMBER STATE CLASS SAFETY VEH YR i MAKE/MOBEWCOLOR LICENSE NUMBER STATE : I N0932233 CA C GRANGER RED 4003590 CA i DRIVER NAME(FIRST MM-0LE LAST) E PAMELA PAULINE ECK2'ART OWNER'S NAME jq SAME AS DRIVER PEDES. STREET ADDRESS TR� PC BOX 844 OWNER'S ADDRESS I} SAME AS DRIVER PARKED CITY/STATEMP VE 3 :E ETI-EL ISLAND CA 94511 DISPO OF VEHICLE ON ORDERS OF: OFFICER n DRIVER [f OTHER cf. ,SEX HAIR EYES HEIGHT WBIGIFT BIRTHDATE RACE DRIVEN SS FIBRN LU` 5"0 17 5 0 2 2 5 4 PRIOR MECHANICAL DEFECTS: NONE APPARENT•p REFER TO NARRATIVE(; OTHER HOME PHONE sUSvl(ESS PHONE VEHICLE MEN`rMCA-,TON NUMBER: I 3 / E 1 9 2 5'1 684-9571 NONE CHP USE ONLx DESCRIBE VEHICLE DAMAGE SHADE IN DAMAGED AREA RI ' HICLE ;NSURANCE CARER POLICY NUMBER VETYPE LRNK ;NONE MINOR f'EAST BAY IN-SUP.MCE CNS 0 8 7 9 6 8 22 MOD. MAJOR J ROLL-OVER D£R TRV ON STREET OR HIGHWAY SPEED LIMIT CA DOT , S EAST CYPRESS 50 CAL-T TCP/PSC MC/MX PARTY OREVEWS LICENSE NUMBER STATE CLASS SAFETY VETT YR MAKEIMODEL/COLOR JLICENSF. MBER STATE 2 S0816375 CA C't C 97 FORD CRN VICT WHITE E 9928 9 CA a DRIVER NAME(FIRSIDDLB.LASj 1. G►'f Ae Jt<C M J a TAri a e e M GENE RASMUS SON OWNER'S NAME SAME AS DRIVER STREET ADDRESS CONTRA COSTA CCTa"LTY 651 PINE STREET OWNER'S ADDRESS SAME AS DRIVER ' PARKED CTY)SFATEI$£P 2647 WATERBiR,a NAY, MARTINEZ, CA 94553 3 VH F MARIINEZ CA 94553 B'.SPO OF VEHICLE ON ORDERS OF: OFFICER KI DRIVER ]OTHER : :BICY- SEX j I3AIR EYES HEIGHT WEIGHT BIRTHDATE RACE DRIVEN � i CL.�S"� i M ?ERri� BLU- , 5 1 119,u �1 1 3- 5 0 ? PRIOR MECHANICAL.DEFECTS: NONE APPARENT Mi REFER TO NARRAT 3VE[] OTHER HOME PHONE BUSINESS PHONE VEHICLE IDENTIFICATION NUMBER: [I--( ) NONE � ' E 9 2 5/ 3-13-2500 CHP USE ONLY DESCRIBE VEHICLE DAMAGE SHADE IN DAMAGED AREA INSURANCE CARRIER POLICY NUMBER VEHICLE T SELF INSURED 4 8 � TYPE [�L'NK [�NONE MINOR 1 MOD. MA.IOR ROLL-OVER 3pI< 1 DIS RV,ON SHEET OR HIGHWAY SPEED LIMP.' CA DOT °t S !EAST CYPRESS 50 CAL•T TCP/PSc MC/MX 11 PART,Y!DRIVER'S LICENSE NUMBER STATE I CLASS SAFETY VEH YR: MAKEIMODEWCOLOR LICENSE NUMBER STATE z 3 1 i o DRIVER::NAME�3RST,MiwDLE,LAST) . . . . . . . e i OWNER'S NAME I SAME AS DRIVER P°DAENS- (STREr r ADDRESS TRjL J E OWNER'S ADDRESS SAME AS DRIVER PARKED CITY/STATEMP V.. ]I _ DFSPO OF VEHICLE ON ORDERS OF: CPPICER DRIVER JOTHER - BICY. SEXHA£aR ExES HEIGHT WEIGHT BIRTHDATE MCI- PRIOR MECHANICAL DEFECTS: }CLS NONE APPARENT[} REFER TO NARRATIVE � c� CYf?fER HOME PHONE BUSINESS PHONE VEHICLE IDENTIFICATION NUMBER: E < CHP USE ONLY DESCRIBE VEHICLE DAMAGE SHADE IN DAMAGED AREA INSURANCE CARRIER POLICY NUMBER VEHICLE TYPE [�L'NK []NONE MINOR I MOD. ]MAJOR ROLL-OVER DIR TRV ON STREET OR HIGHWAY SPEED LIMIT CA DOT CALT TCP/PSC- Mc/MX b PREFARER'S NAME DISPATCH NOTIFIED °REVIEWER'S NAME ` DATE REVIEWEDI RADELIa^.HI ,---W 013137 Ycf Na NIA �!i � i STATE OF CAjjI IFO^�RNIA 9�� -e�y71 q/e .I lS Cr COLLISIO i ODING PAGE or DATE OF ORIGINAL INCIDENT r—.msa4= NCC NUMBER OFFICER LD. NUMBER 10 - 98-- 1141 I 9320 013137Jt}A4 � �2 IS) OWNERS NAMEIADDRESS NOTIFIED i PROPERTY 's } E DAMAGE DESCRIPTION OF DAMAGE } SEATING POSITION SAFETY EQUIPMENT EJECTED FROM VEH OCCVPA."lTS M/C BICYCLE-HELMET --s I.DRIVER A-NONE IN VEHICLE L-Alit BAG DEPLOYED 0-NOT EJECTED i 2 to 6-PASSENGERS S-UNKNOWN M-AIR SAO NOT DEPLOYED DRIVER i-FULLY ELECTED 7: WON.REAR C-L iP HELI USED N-QTHBR V-NO 2-PARTIALLY EJECTED 12 3 i $-RR.OCC.TALC,OR VAN D-LAP BELT NOT USED P-NOT REQUIRED W-YES 3-UNKNOWN 9:POSITION UNKNOWN E-SHOULDER HARNESS USED 4 S S 0.O'THER F-SHOULDER HARNESS NOT USED CHILD RESTRAINT PASSENGER } ' g H-LAPISR°OULDEERR HAi ARNESS NOT USED 2.N VEUSED INEHICLE HICLE NOT USED Y-YES E«PASSIVE RESTRAINT USED S-IN VEHICLE USE UNKNOWN K-PASSIVE RESTRAINT NOT USED T-IN VEHICLE IMPROPER USE U-NONE IN VEHICLE ITEMS MARKED BELOW WHICH ARE FOLLOWED BY AN ASTERM in SHOULD BE EXPLAINED N THE NARRATIVE j PRIMARY COLLISION FACTOR � I MOVEMENT PRECEDING 6} L3.ST NUMBER(do OFPARTY AT FAULT TRAFFIC CONTROL DRVi� y� 2 3 TYPE OF VEHICLE � � � � COLLLSION A VC SECTION VIOLATED: CITED A CONTROLS FUNCTIONING A PASSENGER CAR/M.WON. A STOPPED , 2 2 2 3 5 0 VC NO $CONTROLS NOT PUNCTIONING• E $ PASSENGER CAR W/TRAILER a X I E PROCEEDING STRAIGHT H OTHER IMPROPER DRIVM C CONTROLS OBSCURED ; C MOTORCYCLE I SCOOTER C RAN OFF ROAD C OTHER THAN DRIVER' X D NO CONTROLS PRESENT/FACTOR D PICKUP OR PANEL TRUCK D MAXWO RIGHT TURN D UNKNOWN' E PICKUPIPAXEL TRIC.W/TLR. E MAKING LEP;TURN E 'FELL ASLEEP' TYPE OF COLLISION N F TRUCK OR TRUCK TRACTOR P MAKING U TURN Q A HEAD-ON G TPK.ITRK.TRACTOR W ITI.R. E O BACKING t WEATHM(MARK I TO 2 ITEMS) B sm6wim H SCHOOL BUS H SLOWING,!STOPPING e A CLERK X C REAR END : I OTHER BUS I PASSING OTHER VEHICLE 3 CLOUDY D BROADSIDE I J EMERGENCY VEHICLE J CHANGING LANES C RAINING E HIT OBJECT E K HWY.CONST,EQUIPMENT E K PARKING MANEUVER . . D SNOWING F OVERTURNED L BICYCLE !R L ENTERING TRAFFIC E FOG!VRSIBILl'I Y: G VEHICLE!PEDES'T'RIAN I M OTHER VEHICLE (M OTHER,UNSAFE'i TURNING F GTEiEH-OTHER-: il:r N PEDESTRIAN N XING INTO OPPOSING LANE O WEND hIOTOR VRiEIE=INVOLVI'sI!WITH O MOPED 0 PARK LIGHTING A NON-COLLISION P MERGING } A DAYLIGHT B PEDESMDkNQIR}ERt ASSOCIATED FACTOR QTRAVELING WRONG WAY E :.B DUSK-DAWN E CO2 HER MOTOR VEHICLE MARK I TO 2 ITERS s R OTHER': E C DARK-Si'Ri:ET LIGHTS E D MOTOR VEH ON OTHER ROADWAYJAVC SECTION VIOLkTFON:CITE E D DARK-NO STREET LIGHTS E PARKED MOTOR VEHICLE E DARK-STREET LIGHTS NOT FUNCTION F TRAIN { � I IS VC SEC,,ON VEOLATiON:CITE ROADWAYSURFACE G BICYCLE � SOHRITiTY-DRtL'G PIiYSICAL X A DRY H ANIMAL. �C VC SECTION VIOLATION,CrTE � 7 S {MARK I TO 3 ITR B WET l:X XI 1 A HAD NOT BEEN DRINKING C SNOWY-ICY I FIXED OBJECT: E VIS.OBSCURED: _i I i$ HBD-UNDER INFLUENCE D SLIPPERY UDDY.OILYZTC.) E X F INATTIi mm— :C HBO-NOT UNDER INFLUENCE' ROADWAY CONDITIONS OTHER OBJECT: G STOP&GO TRAFFIC D HSD-IMPAIRMENT rte.' MARK IY3 2 ITKMS PIiL3ESTwms ACTIIk+s H ENTERING I LEAVING RAMP E UNDER DRUG NFLIIENCE' A HOLES,DEEP RUTS' x A NO PEDESTRIAN INVOLVED I PREVIOUS COLLISION F..IMPAIRMEN3'•PR{YSICAL". $LOOSE MATERIAL ON RDWY" i $ CROSSING N XWALKIINTERSECTEON J UNFAMILIAR WITH ROA' } G IMPAIRMENT NOT KNOWN C OBSTRUCTION ON ROADWAY' C CROSSING i.N XWALK NOT AT X DEFECTIVE VEH.EQUIP.:CITE H NLP'APPLICABLE IN'rERSECT11ON : D CONSE'RUC'T`ION-REPAIR ZONE S REDUCED ROADWAY WIDTH = D CROSSING var IN CROSSWALK } t L UNINVOLVED VEHICLE SPECIAL INITORMATTON i F FLOODED' _ $ IN ROAD-INCLUDES SHOULDERI M OTFSE R': A HAZARDOUS MATERIAL C4 OTHER": - ...-_ •F NOT INROAD X N NONE APPARENT B SEATBELT FAILURE ' X H NO UNUSUAL CONDITIONS _. E G APPROACHtNGILEAVINO SCHOOL BUS 10 RUNAWAY HiCLE E SKETCH .M RiLijv1EOUS .< s � : i ...... `a 1. �.. .. e STATE OF CAUFORMA "AaRMNI IV +' . 1 1si IYCx �Ac or DA`S OF COLLISJOk E{�it%i} NCIC NUMBER OFFICER S.D. NUMBER 10 --- 98 1.141 9320 013137 0A4X33TV'7 EXTENT OF INJURY('X' ONE INJURED WAS `x` ONE) lVi1".Y£SS PASSP.IVtJEiR AGE SEX PARTY SEAT SAFETY iEE3BL'T8D E ONLY ONLY FATAL SEVERE OTHER vmmLE COMPLAINT NUMBER POOL EQUIF. INJURY DUURY WTURY OF FAIN 0111VER PASS. PED. BIKE OTHER E x 10 F I 1 2 o NAMM.O.B./ADOR€35 TELEPHONE Z"AVTtt.������E�fCI�sT' AR06m09m99 E H-SASMIE AS P-1 p P 6 W..RED ONLY)TRANSPORTED BY: TAKEN TO: DESCRIBE INJURIES: VICTIM OF VIOLENT CRIME AKPT#nm x 26 lm- i 1 3 1 =0 NAMED.O.B./ADDRESS 'TELEPHONE JUSTIN ECKHART 02-22-72 li--SXME AS P-1. p p WNWRED ONLv)TRANSPORTED EY; a TAKEN TO: gDESCRIBE INJURIES: t i i VICTIM OF VIOLENT CRIME mT wmD NAME/D.O.B.IADDRESS TELEPHONE rI fIURED ONLY;TRANSPORTED BY: TAKEN TO: DESCRIBE i*L'uRi S: VICnM OF VIOLENT CRIME?4arim g NAME/D.O.B./ADDRESS TELEPHONE g E i c c (INJURED ONLY,TRA.hISFOR'TED BY: TAKEN TO: DESCRIBE INJURIES: VICTIM OF VIOLENT CREME ri'itY;'m1) i E NAMEID,O.B./ADDRESS TELEPHONE (INJURED O,W'LY)TRANSPORTED BY: TAKEN TO: ;DESCRIBE INJURIES: VICTIM OF VIOLENT CRIME NOT IPMD IPRI'PARER'S NAME I'D NUMBER MO. DAY YR, REVIEFVSR'S NAME MO. DAY YR. RADELIQ-1., W 01313712-14-981 E ESTATE OF CAUFORNIA JPPL MENTAL PAGE DATE OF INCIDENT TIME NCIC Ni LWER OFFICER I.D. ICER 12/10/98 1141 9320 013137 OA4XBTV7 .� SKETCH s FAST CYPRESS AVE E w N i vi e f V2 3 3 TO MAIN STREET li �j it 3 �i ij ii I NI si21 fti 1491 PJA "A's MOW 0 DATE R-ADELICH 013137 12/10/98 STATE OF CALIFORNIA DATE Of INCIDENT TIME NCIC NEER OFFICER LD. NUMBER 121101x`98 1141 9320 013137 OA4XBTV7 r►��rl DIAGRAM s A EAST CYPRESS AVE WHITE LIMIT LINE a 9 � } TO MAIN STREET f ' i N l Si E ASPHALT CURB y SOLID WHITE SOILB DOUBLE SOLID WHITE YELLOW LINE LINE ASPHALT CURB LINE DATE W RADELICH 0113137 12110198 k ¢STATE OF ilAUFORNIA DATE of INCIDENT TIME NCIC NUABER OFMRCER I.D. IY"I:MBER 12110/98 1141 9320 013137 OA4XBT'V7 '' ,+I 1 FACTS: 2 3 NOTIFICATION: I was dispatched to a call of a non-injury collision at 1148 hours. I 4 responded from Railroad Ave. at Civic Dr. and arrived on scene at 1205 hours. All tunes, 5 speeds and measurements in this investigation are approximate. Measurements were 6 taken by pacing, except where otherwise indicated. 7 8 SCENE: At the scene of this collision,East Cypress Ave. is a northbound/southbound 9 rural roadway consisting of two lanes. The roadway is straight and level. Th surface is 10 composed primarily of asphalt. See diagram. 11 12 PARTIESa 13 14 P'a #„ &ckhartl was located at the scene of the accident. Party Eckhart was 15 identified by a valid,California driver's license. Eckhart was placed as a panty by the 16 following items: 17 18 -personal statements. 19 20 Ford Ranger,Driver# 1's vehicle,was moved prior to my arrival. V-1 sustained minor 21 damage to it's rear bumper and no prior damage or defects were noted. 22 23 Pam##2 (Rasmussen was located at the scene of the accident. Party Rasmussen was 24 identified by a valid California driver's license. Rasmusson was placed as a party by the 25 fallowing items: 26 27 _personal statements 28 29 ford Crown Victoria Driver#2's vehicle, was moved prior to my arrival. V-2 30 sustained minor damage to its front end and no prior damage or defects were noted. 31 32 33 STATE'iMINNS: 34 35 Pam# 1 fEckhaj:9 related that she was traveling south on East Cypress Ave. when she 36 observed the railroad crossing awns flash red. She stopped at the railroad tracks and was 37 struck from behind by v-2. 38 DATE W RADIELICH 013137 12!10198 "STATE OF CALIFORNIA DATE OF INCIDENT "GIME NI CIC NUMBER OMCER I.D. NUMBER 12/10/98 1141 9320 013137 0A4XBTV7 "► I /Party#2 (Rasmnsson)related that he was traveling behind v-1 at 35 mph. He looked at 2 his computer, and when he looked up he saw that v-1 had stopped. He braked then struck 3 the rear of v-2. 4 6 Q.PYIIONS ANDC©NCLUSIONS �`4 7 8 SUMI ARY.- This collision occurred as both vehicles were traveling south on East 9 Cypress Ave,, at approx. 35 mph,with v-2 behind v-I. P-1 observed the railroad crossing 10 arms flash red,and p-1 stopped v-1. P-2 looked dawn at his computer and when he 11 looped up he noticed that v-1 had stopped. P-2 applied the brakes of v-2 but could not 12 avoid striking the rear of v-1. 13 14 AREA OF SACT: Eased on statements and vehicle damage. The POI was 750 feet 15 n/n rdwy edge of Main street,and 12 feet e/w rdwy edge of East Cypress Ave. 16 117 CAUSE; Eased on statements and vehicle darcage,p-2 was at fault for this collision and 18 was in violation of section 22350vc, unsafe speed for conditions. lg 20 21 RECOMMENDATIONS 22 23 None. MIAPIWGRIS DATE Vey RADELICH 013137 12/10/'98 CLAM BQAED OF SUPER_NgSM QE. niIRA STA ![;ATF_QRM11 AR June 22>, 1999 Claim Against the CoLmty, or District Governed by l the Board of Supervisors, Routing Endorsements, NOTICE TO CLAIMANT and Board Action. All Section references are to The copy of this document railed to you is your California Governrnent 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 rote all "Warnings". AMOUNT: $400,00 and General Damages ry> CLAIMANT: Pamela Eckhart ATTORNEY: Michael D. Ranahan, Esq. BATE RECEIVE): June 8, 1999 1.850 Mt. Oi ahlo Blvd. , #320 ADDRESS: Wa?nut Creek. CA 94595 BY DELIVERY TO CLERK ON: June 8, 1999 BY MAIL POSTMARKED: Hand-delivered L FROft- Clerk of the Board of Supervisors T&. County Counsel Attached is a copy of the above-noted claim. PHIL BA LOR, Clerk Dated: June 9,,_ _1999_ _, By: Deputy. �' -, . IL FRO.n- County Counsel IX?: Clerk of the Board of Supervis rs This claire 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: #1,_477; Deputy County Counsel . 4 r y ;17 7,97/17 L7 i TILL. *t)IK: Clerk of the Board 7Di Co. o. my Counsel (1) County Administrator (2) ( Claim was returned as untimely with n to claimant (Section 911.3). BOARD ORUEFt: By unanimous vote of the Supervisors present: This Claim is rejected in full. ( ) Other: I certify that this is a truce and correct copy of the Board's Order entered in its minutes for this date. Dated: PHIL BATCHELOR, Clerk, By r Deputy Clerk s 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 1WLkILING I declare tinder 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. Bated: f N By: PHIL BATCHELOR By Deputy Clerk CC: County Counsel County Administmtor CLAIM AGAINST CONTRA COSTA COUNTY (Government Code §910) NAME AND ADDRESS OF ENTITY: RECEIV ED Contra Costa County (Sheriff' s Department) ' Clerk of the Board of Supervisors JUN 0 8 1999 651 Pine Street Martinez, CA 9 4 5 5 3 CLERK 90ARD OF SJPFvISAS A. CLAIMANT'S NAME AND ADDRESS Pamela Eckhart 6715 Bethel Island Road P. C. Box 344 Bethel Island, CA 94511 B. ADDRESS TO WHICH NOTICES ARE TO BE ,SENT Michael D. Ranahan, Esq. 1850 Mt . Diablo Blvd. #320 Walnut Creek, CA 94596 C. DATE, PLACE ANIS OTHER CIRCUMSTANCES OF OCCURRENCE GIVING RISE TO CLAIM: Date of Injury: December 10, 1998 Place of Injury: East Cypress Road north of SR4 , unincorporated Contra Costa County Circumstances : Claimant Pamela Eckhart was driving her Ford Ranger pickup truck on Cypress Road in unincorporated Contra Costa County. Claimant stopped :for the flashing red railroad crossing lights and was struck from behind by a Sheriff' s vehicle being driven by Officer Gene Rasmusson. Officer Rasmusson negligently drove his car thus causing tae collision. Claimant is informed and believes that Contra Costa County was the owner of the vehicle Officer Rasmusson was driving and employer of Officer Rasmusson. As such, Contra Costa County has ownership and vicarious liability for the injuries and damages suffered by claimant . A copy of the California Highway Patrol report is attached to this claim. D. GENERAL DESCRIPTION OF INJURY, DAMAGE OR LOSS SO FAIL AS KNOWN: Claimant Pamela Eckhart suffered injuries which include, but are not limited to, an injury to her neck, back and head. Claimant continues to suffer symptoms . Medical records and reports have not been obtained and therefore, the full extent of claimant' s injuries and damages is unknown at the time of filing of this claim. Medical bills are estimated to be approximately $400 . 00 . Loss of earnings damages are unknown.. General damages will be sought according to proof . Claim Against Centra Costa County (Sheriff' s Department) .Page Two Re : Pamela Eckhart Claimant Pamela Eckhart' s Ford Ranger pickup truck was damaged in the subject crash. Claimant' s repair estimate is for $1, 561. . 55 . The appraisal done for Contra Costa County estimated the damage to be $1, 059 . 94 . The risk management division has forwarded a check payable to the client. for $1, 059 . 94 , it is unclear at this time whether this amount will cover the damages in light of claimant' s estimate for $11 , 5611 . 55 . Additional damages for rental charges may also be incurred wile claimant' s pickup truck is being repaired. E. NAME(S) OF PUBLIC EMPLOYEE(S) CAUSING INJURY/DAMAGE/LOSS, IF KNOWN: Gene Rasmusson Sheriff' s Department 551 Pine Street Martinez, CA 94553 Fe AMOUNT OF CLAIM: Claimed amount exceeds $10, 000 . 00 . Therefore no dollar amount is included in claim. The claim at this time appears to be a limited civil case. G. SIGNED BY OR ON BEHALF OF CLAIMANT: DATED. dune 8, 1999 MICHAEL {0. RATNAHAN Attorney for Claimant Pamela Eckhart SIA eEOF4.ALIFORNIA 'I t' AFFi `COLLISTON REPORT Pecs OF SPECIAL CONDITIONS NO INI H"FEEL CITY JUDICIAL DISTRICT t NUMBER E,ERGV—NcS°'VEH O 11 UNINC DELTA MUNI � .. NO KILL H"MLSD COUR1 Y DIST BEAT (? CONTRA COSTA 81 Ctstars ft COLLISION OCCURRED ON: MO DAY YEAR TIME(24M NCIC t oFFFCER I. � e EAST CYPRESS R33 12 103 98 3141 93203 03133 el A ?MILEPOST INFORMATION: DAY OF WEEK TOW AWAY ?PHOTOGRAPHS BY: <� i O THURSDAY YES Pq NO N ![I AT INTERSECTION WITIT: STATE HWY REL ' I OR: 750 �' i N Q f 4 _ YES DQNo 14 NONE PAR i Y DRIVER'S LICENSE NUMBER STATE CLASS SAFETY VEH YR MAKEIMODELICOLOR LICENSE NUMBER STATE 1 N0932233 CA C Cs 93 < FQTiD,W GER<RED< < . . . 14GO3590 . 1CA DRIVER NAME(FIRST,MIDDLE,LAST) KI PAMELA PAULINE ECKHART OWNER'S NAME IQ SAME AS DRIVER PEDES- STREET ADDRESS fN PO BOX 844 OWN'ER'S ADDRESS Ig SAME AS DRIVER PARKED CTTYISTATE/ ? VE' T. BETHEL I S LAND CA 94511 DISPO OF VEHICLE ON ORDERS OF: ��OFFICER IQ DRIVER ��OTHER } BICY- ;SEX HAIR EYES I HEIGHT I WEIGHT BIRTHDATE RACE DRIVEN CL 't F BRN 85-0411751 O _!_.22_1_54 ,PRIOR MECHANICAL DEFECTS: NONE APPARENT, REFER O NARRATIVE(l OTHER HOME PHONE BUSINESS PHONE VEHICLE IDENTIFICATION NUMBER: J t 9 2 J 684-9571 NONE CHP USE ONLYDESCRIBE VEHICLE DAMAGE SHADE IN DAMAGED ARI A INSURANCE CARRIER ' POLICY NUMBER VEHICLE TYPE UNK ��NONE IQ MINOR EAST BAYNSLTRANCE CNS087968 22 MoD,[ MAJOR ROLLroVER ;3; DIP TRY I ON STREET OR HIGHWAY SPEED LIMIT CA DOT S lEAST CYPRESS 50 CAL•T TcPJPSC MCJMX PART Y DRIVER'S LICENSE NUMBER STATE CLAM SAFETY VEH YR MAKEIMODELJCOLOR LICENSE NUMBER STATE 2 50381637 CA C C 97o FORD CR.'S<'�TCT- <WH1�E< E. 992819 CA' DRIVER NAME(FIRST,MIDDLE,LAST) � 90ERGgAlcy VEWe < < < . < < < < < < < GENE RASM.-USSON �4 iT OWNER'S NAME �� SAME AS DRIVER j PEDES- STREET ADDRESS CONTRA COSTA COUNTY ` TR' 1651 PINE STREET OWNER'S ADDRESS [I SAME AS DRIVER PARXED crryWATVZ'P 2547 WATERBIRD WAY, MAR-=EZ, CA 94553 VEH y MARTI NE Z CA 94553 d^.ISPO OF VEHICLE ON ORDERS OF.- OEF#CZrR ;9 DRIVER OTHER BICY- SEX E HAIR EYES HEIGHT WEIGHT BIRTHDATE RACE I�RIj!'�EN cL: m g3Ri I-BLLT -11 2 11. e303 5 Of EPRIOR MECHANICAL DEFECTS: NONE APPARENT M RE?ER TO NARRATIIVE J OTHER 1 HOME PHONE BUSINESS PHONE VEHICLE IDEVMFICATiON NUMBER: i 1 NONE l 9 2 J 4 313-2500 CHP USE ONLY FDR VEHICLE DAMAGE SHADE IN DAMAGED AREA VEHIC..E TYPE INSURANCE CARRIER POLICY NUMBER NONE IQ MINOR SELF NS'.3REI3 4 J MAJOR [ ROL I OYER 1 „ E DIR TRV ON SS^BEET OR HIGHWAY SPEED LIMIT CA DOT I S BAST' YP'RESS so CAL-T TCPAW MGMX PARTY DRIVER'S LICENSE NUMBER STATE,,.l CLASS I SAFETY VEH YR MAKEIMODEUJCOLOR LICENSE NUMBER STATE DRIVER NAME(FIRST,MIDDLE,LAST) < < < < < < < < < < . . . < . L I OWNER'S NAME SAME AS DRIVER PEDES- STREET ADDRESS TR, JJ ;OWNER`S ADDRESS �� SAME AS DRIVER PARKED CTYISTATEalP i Vfirllr DISPO OF VEHICLE ON ORDERS OF: OFFICER �� DRIVER �j OTHER p BICY- SEX HAIR EYES HEIGHT WEIGHT BIRTHDATE RACE CLQ ? PRIOR MECHANICAL DEFECTS: NONE APPARENT REFER TO NARRATIVE OTHER HOME PHONE BUSINESS PHONE VEHICLE IDENTIFICATION NUMBER: Ca? VEHiUCSE 0LE TYPE DESCRIBE VEHICLE DAMAGE SHADE IN DAMAGED AREA INSURANCE CARRIER POLICY NUMBER j L"VK NONE MINOR j MOT}.r�MAjoR �]ROLL-OVER � DIP TRV ON STREET OR HIGHWAY SPEED LIMIT CA DOT 7 1 CAL T TCPIPSC MCIMX PREPARER'S NAME DISPATCH NOMSD REVIEWER'S NAME DATE REVIEWED IRADEL11"CH, W nvll 01313� Yes Nn NIA � � i r i3 STATE O+F�+CYA41POO�RNIA p�.Y 7�q /dry IRAMC'LQLLISIO R CODING PAGE � DA`I'S OF ORIGINAL INCIDENT 71142. a4m NCIC NUMBER OFFICER I.D. NUMBER 12 - 10 - 99 932fl X131.37 t3A4XBTV7 IT)) OWNERS NAMEJADDRESS s HiOT#PIED PROPERTY DESCRIPTION OF DAMAGE DAMAGE SEATING POSITION SAFETY EQUIPMENT EJECTED FROM V�,.4-I !OCCUPANTS M/C BICYCLE-HELMET DRIVER €A:NONE IN VEHICLE L-AIR BAG DEPLOYED 0-NOT EJECTED 2 a$-PASSENGERS B-UNKNOWN M-AIR BAG NOT DEPLOYED DRIVER I-FULLY EJECTED 7:STA.WON.REAR C-LAP BELT USED N-OTHER V-NO 2-PARTIALLY EJHCTHD 12 3 ? 1M RR,OCC.TRK.OR VAN D:LAP BELT NOT USED P-NOT REQUIRED W-YES 3-UNKNOWN e i 4-POSITION UNKNOWN E-SHOULDER HARNESS USED i 4 3 6 , 0-OTHER F-SHOULDER HARNESS NOT USED CHILD RESTRAINT PASSENGER G-LAP/SHOULDER HARNESS USED Q-IN VEHICLE USED X-NO i 7 H-LAPISTTOULDER HARNESS NOT USED R-IN VEHICLE NOT USED Y-YES J-PASSIVE RESTRAINT USED S-IN VEHICLE USE UNKNOWN K-PASSIVE RES'T'RAINT NOT USED T-IN VEHICLE IMPROPER USE U-NONE IN VEHICLE I'T'EMS MARKED BELOW WHICH ARE FOLLOWED BY AN ASTERISK M SHOULD BE EXPLAINED IN THE NARRATIVE PRIMARY COLLISION FACTOR T s MOVEIMEN'T PRECEDING LIST NUMBER IaH OF PARTY AT FAULT TRAFFIC CONTROL DEVICES 11J.,21-3 TYPE OF VEHICLE I � � � COLLISION A VC SECTION VIOLATED: CITED A CONTROLS FUNCTIONING A PASSENGER CAR/STN,WON. x A STOPPED 2 ; 2 2 3 5 0VC NO B CONTROLS NOT FUNCTIONING* B PASSENGER CAR W/TRAILER' X S PROCEEDING STRAIGHT i B OTHER iMPROPER DRIVING C CONTROLS OBSCURED C MOTORCYCLE 1 SCOOTER C RAN OFF ROAD_ C OTHER THAN DRIVER* tY D NO CONTROLS PRESENTIFACTOR D PICKUP OR PANEL TRUCK D MAKING RIGHT TURN D UNKNOWN* E PICKUP/PANELTRK.W/TLR. E MAKING LEFT TURN E FELL ASLEEP" TYPE OF COLLISION F TRUCK OR TRUCK TRACTOR F MAKING U TURN • A HEAD-ON O'T`RK./TRK<TRACTOR W jTLR. O BACKING WEATHER 016M I TO2ITII�1f3} B SIDESWIPE IS SCHOOL BUS H SLOWING/STOPPING IA CLEAR C REAR ND #OTHER BUS H PASSING OTHER VEHICLE B CLOUDY D BROADSIDE 1 EMERGENCY VEHICLE i f CHANGING LANES C. RAINWG ° E HIT OBJECT K HWY.CONS.*.EQUIPMENT K PARKING_MANEUVER D SNOWING F OVERTURNED L BICYCLE s L ENTERING TRAFFIC E FOG f VISIBILITY. O VEHICLE/PEDE53 RIAN M OTHER VEHICLE M OTHER UNSAFE TURNING F OTHER*: H OTHER*: :s.:: N PEDESTRIAN f N XHNG INTO OPPOSING LANE G WIND _MOTOR VEHICLE INVOLVEIa WITH O MOPED i O PARKED 3IGTiTfPtir s A NON-COLLISIONP MERGING ..`... °A,... _� A DAYLIGHT B PEDESTRIAN � ? OTITER ASSOCIATED FACTOR IQ TRAVELING WRONG WAY B DUSK-DAWN X C OTHER MOTOR VEHICLE MARX I TO 2 ITEMS I R OTHER*: I C DARK-STREET LIGHTS D MOTOR VETT ON OTHER ROADWAY i A VC SECTION VIOLATION:C--E:i D DARK-NO STREET LIGHTS E PARKED MOTOR VEHICLE # ? ! s E DARK-STREET LIGHTS NOT FUNCTION I F TRAIN S VC SECTION VIOLATION:CITE� I ROADWAY SURFACE O BICYCLE s SOBRIETY-DRUG t A DRY H ANIMAL: C VC SECTION V#OLATICN:CITE j (YEATiKH SI 2 f IEaf5p - 6 B WET i A HAT}NOT BEEN DRINKING C SNOWY-ICY I FIXED OBJECT: IS VIS.OBSCURED: s 3 HUD-UNDER INFLUENCE D SLIPPERY . UDD4 OILY,ETC. X F INAT ENTION* C HBD-NOT UNDER INFLUENCE ROADWAY CONDITIONS II OTHER OBJECT: O STOP&GOTRAFFIC D HHBO-IMPAIRMENTVTIX* MARK I TO ITEMS PEDESTRLIMS ACTIONS ±;::]H ENTERING/LEAVING RAMP I E UNDER DRUG INFLUENCE* A THOLES,DEEP XUrS* X A NO PEDIvRIAN INVOLVED t s II PREVIOUS COLLISION T P IMPAIRMENT-PHYSICAL- El LOOSE MATERIAL ON RDWY* B CROSSING IN XWALKRNTERSECTION 1 EI UNFAMILIAR WITfT ROAD G IMPAIRMENT NOT KNOWN C OBSTRUCTION ON ROADWAY* C CROSSING IN XWAL TC NOT AT K DE"ECTIVE VER.EQUIP.:CITE s H NOT APPLICABLE INTERSECTION D CONSTRUCTION-REPAIR ZONE I SLEEPY/FATIGUED E !E REDUCED ROADWAY WIDTH ° D CROSSING NOT IN CROSSWALK L UNINVOLVED VEHICLE SPECIAL a4FORMATION F FLOODED* _ ; E #N ROAD-INCLUDES SHOULDER M OTHER*: i A HAZARDOUS MATERIAL { G OTHER' F NOT LSI ROAD X N NONE APPARENT "B SEAT3ELT FAILURE H r0 UNUSUAL CONDITIONS G APffROACHIING1i EAVTNG SCIiOOL BUS O RUNAWAY HILL$ SKETCH M ELLANBOUS } 's STATE OF CAWFORPIA INJURES /Wr NGSM/P CSF rAln DATE OF COLLISION NCIC NUMBER OFFICER I.D. NUMBER 1.2 '- 10 -- 98 1141 9320 013137 OA4XETV7 EXTENT OF II+IJURY 'XONE INJURED WAS 'X' ONE} I vflrNESS PASSENGER AGE SEX PARTY SEAT SAFETY ONLY ONLY FATALSSV$AB OTIIBR X 0 VISIBLE COMPLAINT NUMBER POS. EQU7EQUIP.MURY INJI.sRY INJURY OF PAIN DRIVER PASS. PED. BIKE OTHER � I'fAMEM.O.B.tADDRESS TELEPHONE TAVIA ECKHART 06-'09—,98 H-SAME AS P®1, r s (INJURED ONLY)TRANSPORTED BY: TAKEN TO: DESCRIBE INJURIES. Yicrrm OP VIOLENT CRIME NOTIFIEII s X 126 ISI I I I I 1 3 G 0 t 1 NAMM.O.B./ADDRESS TELEPHONE JUSTIN ECKHART 02-22-72 H—SAME AS P—sr a r (INJURED ONLY)TRANSPORTED BY: a TAKEN TO: DESCRIBE IN'JU'RIES: VICTIM OP VIOLENT CR3btE NOTIFIED s g ( f NAMEM.O.B./ADDRESS "SLEPHONE (INIURED OILY)TRANSPORTED BY: TAKEN TO: DESCRIBE INJURIES. VICTIM OF VIOLENT CRIME NOTIFIED EE � E d E NhME1D.O.JB!ADDRESS TELEPHONE f E s (INJURED ONLY)'TRANSPORTED BY: TAKEN TO: I 7 DESCRIBE INJURIES: ; E E s vlCi'IM OF VIOLENT CRIME?iCYfanan 9 I s s FF— NAME/D.O.B./ADDRESS s TELEPHONE 6 E 0i 7 7 (INJURED ONLY)TRANSPORTED BY: TAKEN TO: E s DESCMB INJURIES: VICTIM OF VIOLENT CRIME?'+t7TiPIHD PREPAREIi'S NAME I.D hR3MBER MO. DAY YR. REVIBWBR`S NAME MO. DAY YR, RAIDELICH W U13137 12-14-98 STATE OF CALIFORNIA DATE OF INCI131v?v"r 1'iw ?ECIC NWaER OMCER I.D. MWER 12/10/98 1141 9320 013137 0A4XBT"V'7 .� �►� SKETCH s EAST CYPRESS AVE E w v N E vi E V2 1 TO MAIN STREET E a � 7 f� C fE 3� l� ;i E iI � tt Nl ' 4 Sl I E C E DATE SOV R.AUELICH 013137 12/10/98 STATE OF CALIFORNIA �r DATE OF INCIDENT TINE NCIC NI.INMER OFFICER I.D. NU?ABER 12/10/98 1141 9320 013137 OA4X$TV7 �,} D AG AM A EAST CYPRESS AVE N .E WHITE LIMIT LINE i i E - 's E I A a TO MAIN STREET I N1 S1 I 48 i i3 ASPHALT CURB SOLID 1 SOILD DOUBLE SOLID WHITE YELLOW LINE LINE ASPHALT CURB LINE DATE W RADELICH 013137 12/10/98 e ' a STATE OF CALIFORNIA DATE of N�CIDENT TIME NCIC NUMBER OFFICER LD NUMBER 12/10/98 1141 9320 013137 0A4XBTV7 , `, • 1 FACTS: 2 3 NQTMCATION: I was dispatched to a call of a non-Miury collision at 1148 hours. 1 4 responded from Railroad Ave. at Civic Dr. and arrived on scene at 1205 hours. All times, 5 speeds and measurements in this investigation are approximate. Measurements were 6 taken by pacing, except where otherwise indicated. 8 SCENE: At the scene of this collision,East Cypress Ave. is a northbound/southbound 9 rural roadway consisting of two lanes. The roadway is straight and level. The surface is 10 composed primarily of asphalt. See diagram. 11 12 PARTIES: 13 14 PaEM,#.I-(Eckha W was located at the scene of the accident. Party Eckhart was 15 identified by a valid,California driver's license. Eckhart was placed as a party by the 16 following items: 17 18 -personal statements. 19 20 Fard RAnper, Driver# 1's vehicle,was moved prior to my arrival. V-1 sustained minor 21 damage to it's rear bumper and no prior damage or defects were noted. 22 23 Parte#2 (Rasmusson)was located at the scene of the accident. Party Rasmusson was 24 identified by a valid California driver's license. Rasmusson was placed as aparty by the 25 following items: 26 27 -persr6nal statements 28 29 Ford Crown Victoria Driver#2's vehicle,was moved prior to my arrival, V-2 30 sustained minor damage to its front end and no prior damage or defects were noted. 31 32 33 STATEMENTS: 34 35 Party# 1 lEckharJ related that she was traveling south on East Cypress Ave. when she 36 observed the railroad crossing arms flash red. She stopped at the railroad tracks and was 37 struck from behind by v-2. 38 DATE W 1ZADELICH 013137 12/10/98 e STATE of CALIFORNIA ri DATE of CIDTvN T° TTI► NCIC Tv'T1MTiTi IivR OFFICER I.D. SER 12/10/98 1141 9320 013137 OA4XBTV7 ",,, • r 1 PaM#2 (Rarsmusson)related that he was traveling behind v-1 at 35 mph. He looked at 2 his computer, and when he looked up he saw that v-1 had strapped. He braked then struck 3 the rear of v-2. 4 5 6 QPINIQS AND CONCLUSION'S 7 8 SL-.Ml' AR`s. This collision occurred as both vehicles were traveling south on East 9 Cypress Ave,, at approx. 35 mph,with v-2 behind v-1. P-1 observed the railroad crossing 10 arms flash reit,and p-1 stopped v-1. P-2 looked down at his computer and when he 11 looked up he noticed that v-1 had strapped. P-2 applied the brakes of v-2 but could not 12 avoid striking the rear of v-1. 13 14 AREA CUP IMPACT: used on statements and vehicle damage. The P01 was 750 feet 15 n/n rdwy edge of Main street, and 12 feet e/w rdwy edge of East Cypress Ave. 16 17 CAUSE: Based on statements and vehicle damage,p-2 was at fault for this collision and 18 was in violation of section 22350vc,unsafe speed for conditions. 19 20 21 RECOMMENDATIONS 22 23 ;None. DATE W 12ADEL1CH 013137 12/10/98 CLAIM, BQ RD OF SIMERUSMSO CbNMA COSTA �--CT TEC) NLA $OARDAOQ .dune 22, 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 } The Copy of this docurnent railed to you is your Califor€ia Goverrrrmnt Codes.. I notice of the action taken on your claim by the Board of Supervisors. (Paragraph IV belovO, given pursuant to Goverment Code Section 913 and v 915.4. pease note all "Warnings". of n> AMOUNT: None Specified CLAIMANT: Raymond L. Ferraris, Jr. ;<<; <• .M ATTORNEY: Joseph H. Sohieffer, Esq. DATE RECEIVED: June 9, 1999 STARK, WELLS, RAMI:, SCHWARTZ & SCHIEFFER ADDRESS: 1999 Harrison Street;., Ste.1300 BY DELIVERY TO CLERK ON: Tune 91 1999 OatCl and CA 94612 BY .MAIL POSTMARKED: June 8, 1999 L FROAL Cleric of the Board of Supervisors TC} County Counsel Attached is a copy of the above-noted claim. PHIL BALI LOB, Cler Dated: June 9, 1999 By: Deputy IL 3FRONt- County Counsel M. Clerk of the Board of Supervisors {�) This claire 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 910.0. ( ) 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: Y � By: County Counsel t t i f s a eAl MtJn- Clerk of the Board TO.- CpJuty Counsel (1) County Administrator (2) { ) Claim was returned as untimely with notice to claimant (Section 911.3). ItVBAARD ©BOER By unanimous vote of the Supervisors present: This Claim is rejected in full. Other: I certify that this is a true and correct copy of the Board's Order en#erect in its minutes for this date. Mated: L 2-,2 PHIL BATCHELOR, Clerk, By l �, , Deputy Clerk WARNING (Gov. code recti 913) Subject to certain exceptions, you have only sic (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 AIAELING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: By: PHIL BATCHELOR B ..'..-Deputy Clerk M. County Counsel County Administrator Fj RECORDING REQUESTED BY ANIS WHEN RECORDED MAIL TO Joseph H. Schieffer, Esq. {SBN 72537} 2 ;' STARK, WELLS, PAHL, SCHWARTZ & SCHI EFFER i 1999 Harrison Street, ,Suite 1.300 3 Oakland, California 94612 1 1510} 834-2200 4 � ! Attorneys for Plaintiff 5 i Raymond L. Ferraris, Jr. O i 7i ! SUPERIOR COURT OF CALIFORNIA IA � 9 `! W o COUNTY OF CONTRA COSTA 10 # # W � Y ., � rn 11 ; RAYMOND ,�. FERRARIS, JR. , � No. C98--03862 20 - 121 Plaintiff, } NOTICE OF PENDENCY 5 M } OF ACTION U >, a) a , 13 i v. ` v 14 BEVERLY A. FERRARIS; HONER K. } }}f HAYS; MARY LOU? S E HAYS; COUNTY } I 15 OF CONTRA COSTA, a politica. ) I q Subdivision of the State f } 03 161 California; and .ALL PERSONS } m C UN OWN CLAIMING ANY .INTEREST } or 17 IN THE PROPERTY, named as DOES } 1 through 10, inclusive, % rr 18 71 } (� ' Defendants . } 19 k; } 7 } 20 F r 11 NOTICE IS HEREBY GIVEN that the above-caftioned action concerning i 1 2 and affecting real property as described herein was commenced on 22 it I September 10, 1998, in the above-named court by RAYMONi7. L. i 23 FERRARIS, JR. , plaintiff, against BEVERLY A. FERRARIS; HOMER K. 24 HAYS; NARY LOUISE HAYS; COUNTY OF CONTRA COSTA., a political 2S1 subdivision of the State of California; and ALL PERSONS UNKNOWN 26 l CLAIMING ANY INTEREST IN THE PROPERTY named as DOES 1 through 10, 27 �1 28 1 Ta\Wr511DCc9\FER8636\021Pt#aDE14cv.0101 06/07/99 Notice of Pendency of Actio 1 1 l i i the�- izac�l.�.s�ve, defendants . The action is now pend:�.ric� �� �;��.� abave-2 ` named court . i 3 The object of this .action? is to obtain a partition and sale of iithe real property situated 3Ii ContraCosta County, California, S i: which is described as follows : See Exhibit A attached hereto and 6 incorporated herein by this reference. There is no street address 11 to the rear property. The APN for the property is 169-01.0-004 . 8 Dated: June 1999 ca 44 9 s= STARK, ELLS, RAML, SCHWfiRTZ SCHIEFFER U N 1.0 3 L+1 � � �•� f3ti �� ;i P s �x By _ 12 Os h H. Schi er i Attorneys for Plaintiff Raymond L. ' i �4t� 1.3 Ferraris, Jr. � � M !f v 1.4 P4 w v� �4 r3 i 5 16 E rn 17 i9 20 � 2 ; 23 24 I i S 2s f. r' 26 t r 27 ' i E I 28 : 2 I I iI T-\WP51\00,-1`EER8636i821PENDENC`,'.JG1 if 06/07{99 Notice of Pendency of Action STATE OF CALIFOINIA, COUNTY OF AiAMEDA on ,dune 7 ____, '.999, before me, the undersigned, a Notary Public in and for said State, personally appeared osep Hs Schieffer personally known to .me (or proved to me on the basis of 'satisfa'ctory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the sane in his authorized capacity, and that by his signature on the instrument the persons, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my ;hand and official seal. . JOYCE E. YEE tart/Publ�c in and,ri � sa�o State Comm. #1093571 ; ► NOTARY PUBLIC-CALIFOM41AP ALAidi MA COLWTY Comm, Exp. Jurm 4,2000 '° T:\I�,p51\tBoc9\rERL636\02\NC'ARY.ACK 06/07>49 RIMON CITE OF LAF°AYE°T'TE PARCEL ONE: PORTION OF THE RANCHO CANADA DEL HA<MBRE, SOUTHERN PART, COU= OF CONTRA COSTA, STATE O�`~'� CALIFORNIA, DESCRIBED AS FOLLOWS BEGINNING ON THE SOUTH LINE, OF THE 12.40 ACRE PARCEL OF LAND DESCRIBED INT' THE DEED F&2OM G.F. GEARY, ET UX, TO MAYBELLE E. GEARY, ET AL, DATED SEPTEMBER 17, 1934, AND RECORDED OCTOBER 1., 1934 IN BOOK 364 OF OFFICIAL RECORDS, AT PAGE 31.7, AT THE MOST NORTHERLY CORNER OF THE PARCEL OF L.AN'D DESCRIBED IN THE DEED FROM C.W. GEARY, ET AL, TO THADDEUS JOHN. SON, DATED SEPTEMBER 3, 1.916 AND RECORDED SEPTEMBER. 4, 1918 IN BOOK 319 OF DEEDS, AT PAGE 499; THENCE FROM SAID POINT OF BEGINNING ALONG T13E SOUTH LIVES OF SAID 12.40 ACRE PARCEL.,, AS FOLLOWS: SOUTH 67° 45' WEST, 669.24 F'EE'T'; SOUTH 25" 30' WEST, 62.04 FEET; SOUTH 680 30' WEST, 77.38 FEET; SOUTH 540 301 WEST, 150-48 FEET; SOUTH 580 WEST, 69.3 FEET; SOUTH 89- WEST, 600 72' FEET AND SOUTH 34- 15' WEST, 62.7 FLET TO AN ANGLE POINT THEREIN; THENCE A TONG THE NORTH LINZES OF THE PARCEL OF LAND DESCRIBED IN THE DEED FROM MAYBELLE E. GARY, Ea AL, TO ,T7.T..,TA MAR"70RIE CHERRY, DATED MAY 9, :.943 AND RECORDED AUGUST 5, 1943 IN BOOK 741 OF OFFICIAL RECORDS, AT PAGE 43, AS FOLLOWS: NORTH 181 54' NEST, 23.95 ^^E` ; NORTH 38° 16' WEST, 32,31 FEET; NORTH 240 21.' 30" WEST, 61.65 F'EE'S.`; SOUTH 890 33' WEST, 40.47 FEET; SOUTH 810 19' 30" WEST, 1.25.51 FEET; SOU"T"H 350 24' 30" WEST, 150.85 FEET; -NORTH 83' 05' 30" WEST, 63.5 FEET; NORTH 6090 15' 30" WEST, 11.2 FEET; NORTH 680 02' WEST, 145.2 FEET ANDD NORTH 720 14' 30" WEST, 93.78 FEET TO AN IRON PIPE SET AT THE SOUTHWEST CORNER OF SAID 12.40 ACRE PARCEL; THENCE ALONG THE EXTERIOR BOUNDARY LINES OF SAID 12.40 ACRE PARCEL, AS FOLLOWS: NORTH 00 30' EAST, 323.4 FEET; SOUTH 890 30' EAST, 21.3.84 FEET; NORTH E90 15' FAST, 1,548.36 FEET AND NORTH 72" EAST; 303.63 FEET TO AN ANGLE POINT IN THE WEST LINE OF THE PARCEL OF LAND DESCRIBED IN THE DEED FROM MAYBELLE E. GEARY TO CONTRA. i COSTA COUNTY, DATED J;UN]AaRY 10, 1958 AND RECORDED JANUARY 31, 1955 IN BOOK 3112 OF OFFICIAL RECORDS, AT PACE 526; THENCE SOUTH 120 07' 46" WEST, ALONG THE WEST LINES OF SAID CONTRA COSTA COUNTY PARCEL (3112, OR 526) 21.5 FEET TO THE SOUTH LINE OF SAID 22.40 ACRE PARCEL; THENCE ALONG SAID SOUTH LINE SOUTH 720 WEST, TO AN ANGLE .POINT THEREIN AND SOUTH 170 30' EAST", 7.92 FEET TO THE POINT OF BEGINNING. 1 PARCEL TWO: 3 A NON-EXCLUSIVE EASEMENTFOR ROADWAY, UTILITY AND SANITARY SEWER PURPOSES OVER, 'UI�DEt2 1 AND ACROSS A STRIP Vr� F LA_*P0 DESCRIBED AS FOLLOWS: PORTION I,ON OF THE RANCHO CANADA DET. 'I AMBi<E DESCRIBED AS FOLLOWS BEGINNING AT THE MOST NORTHERLY CORNER OF THE PARCEL OF LANA, DESCRIBED IN THE DEET? FROM C.W. GEARY ET A* TO THADET S JOHNSON DATED SEPTEMBER 3, '•.9.2#1 AND RECORDED SEPTEMBER 1-4, 1918 IN .BOOK 319 OF DEEDS, PAGE 499, ON' THE EXTERIOR LINE OF THE 12.40 ACRE PARCEL OF LAND DESCRIBED IN THE DEED FROM G.F. GEARY ET UX TO MAYBELLE E. GEARY ET Al— DATED SEPTEMBER 17, :1934 AND RECORDED OCTOBER 1, 3934 IN BOOK 364, OFFICIAL RECORDS, PAGE 317; HENCE ALONG THE EXTERIOR LINE OF THE GEARY PARCEL (364 -- OR - 317) NORTH 17 30' WEST 0-92 FEET TO A POINT WHICH IS 7 FEET SOUTHERLY RIGHT ANGLE MEASUREMENT, FROM THE SOUTHERLY LINE OF THE EASTERLY PORTION OF SAID PORTION OF SAID GEARY PARCEL (364 OR 327) AND THE ACTUAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE PARALLEL. TO SAID SOUTHERLY 'LINE PIC712TH 720 EAST TO THE WESTERLY T Tv'E OF THE PARCEL OF LAND DESCRIBED IN THE DEED FROM MAYBELLE E. GEARY TO CONTRA COSTA COUNTY DATED JANUARY 10, 1958 AND RECORDED JA�,FUARY 31, 1958, IN BOOK 31.12, OFFICIAL RECORDS, )ESCRLG.04!C2,/924tc i qn 0AF`I DESC . ` ON PAGH 526; THENCE ALONG THE WESTERLY LIM OF SAID CONTRA COSTA COSY PARCEL (31.1.2 OR 526) NORTH 320 07' 46" EAST TO THE SOUTHERLY LINE OF SAID 12.40 .ACRE GEAR"Y PARCEL (364 OR. 3171; ; THENCE ALONG SAID SOUTH LINE (364 OR 31.7) SOUTH 72'0 WEST TO AN ANGLE POINT TFERE'1N ANT, SOUTH 1.7" 30' EAST TO THE ACTUAL POINT OF BEGINNING. 4 N 8 169-010-004 f �^�CiFtLGG3 Jag J92•irC I } i 1 DECLAPA t TON Cb4 SERVICE BY MAIL i 2 I am employed in the County of Alameda, State cf California; 1, 4 any business address is c/o Stark, tel" s, Rahe, Schwartz & 5 Schaeffer, Lake Merritt Plaza, 1939 Rlarrison Street, Suite 1300, 6 } Oakland, California 94512 ; I am over the age of 18 years and not a 7pa_r - � ..y to this action. 1 ; 8 On June 1999, I served the following document : 44 44 9 Xotice of Pendency of Action } ^ri d i i H i0 on the person shown below by placing a true copy, enclosed in a sealed envel cape, as certified mail return receipt reduested, for 12 f collection, and mailing on the date and at the business address � (1) �4 C W 0 i A 13 shown above following our ordinary business practyc.es . � am 14 , readily familiar wlt h this business practice ce fcr col'4c 7 m i t 1 C3rI and 1 processing of correspondence for mailing with the United States � L 5 `i Postal Service. Cn the same day that a sealed envelope Is placed I C rn ; 17 ; for collection and mailing, it as deposited in the ordinary coarse i' 8 of business with the united States Postal Service with postage 19 fully prepaid-20 c t "All attached hereto and incorporated herewith 11 See Attachment t h �-� i 21 ! I declare under penalty of perjury under the Taws of the State 22 1' of California that the foregoing is true and orrect . i 1 23 Dated. June _999 24Gte{- 1 Adria., K. Mitchell ; 25 I 261 27 28 } 1 T:\WP51\D3P-3\PER8636\02\PROOF-2.MAL 1 06/07/99 Attachment "A„ Beverly A. Ferraris 31.94 Surmo nt Drive Lafayette, CA 94549 Andrew J. McCall, Esq. O'Brien & Sullivan 1299 Newell Hill Place, Suite 300 Walnut Creek, CA 94956-5220 Homer K. Hays P.C. Box 694 Barnsdall, OK 74002 Mary Louise Hays P.O. Box 694 Barnsda,ll, Cid 74002 County of Contra Costa. Clerk, Board of Supervisors 651 Pine Street, oo:n 106 Martinez, CA. 94553 Philip S . Althoff, Esq. Office of the County Counsel. County of Contra Crista 651 Pine Street., 9th Floor Martinez, CA 94553-1229 T-\WP5!\Dac1\FERs336\02\SERVICE.LSI 35/£77/99 r`:...v r..' v .f... rJ..... .:... 5 $ 0 — 1 �e�rrr.�s�A x D to m p 1 r C � z O8 r� ru _ C CD in CD 0 a c � 00 Ln ill m, 'r ss4f�asrxs+4a� j i '. CLAIM June 22, 1999 Claim Against the County, or District Governed by } the Board of Supervisors, Routing Endorsements, NOTICE TO CLAIMANT l Board Action. All Section references are to The copy of this document mailed to you is your California Government Codes. 1 notice of the action taken on your claim by the Board of Supervisors. (Paragraph IV beiovO, given 4 .r ant to Government Code Section 913 and y Please note all 'Warnings'". AMC3LNT: $550.00 . L.v Beth Hansen ':or , a CLAIMANT: San Pablo Historical Society ATTORNEY: DATE RECEIVED: May 27, 2999 ADDRESS: One Alvarado Square BY DELIVERY TO CLERK ON: May 27, 1999 San Pablo CA 94806 BY MAIL POSTMARKED: Haat-delivered . L FROM Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above noted claim. PHIL BATCH LOR, Clell f; Dated: May 27, 1999 By: Deputy, II. FROM: County Counsel M Clerk of the Board of Superviscffs This claire complies substantially with Sections 914 and 910.2. This claire 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). ( ) Claire is not timely filed. The Clerk should return claire on ground that it was filed tate and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Elated: By:. _ 4'ty County Counsel VJ s r iOl FR� Clerk of the Board. TQC unty Counsel (1) County Administrator (2) ( Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOAR! ORDUL— By unanimous vote of the Supervisors present: This Claim is rejected in full. ( } {them I certify that this is a true and cont copy of the Board's Order entered in its minutes for this state. s Dated: 2;214.1m PHIL BATCHELOR, Clerk, By , Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 935.6. You may seek the advice of an attorney of your choice in connection with this spatter. If you want to consult an attorney, you should do so immediately. *For Additional Warning See Reverse Side of This Notice. AFFIDAVIT OF M nX 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 Carder and Notice to Claimant, addressed to the claimant as shown above, fi Dated: ° By: PHIL BATCHELOR By Deputy Clerk : County Counsel County Adrrinistmtot Chia to: bCAW o? fVURVISCRS C1' CONTRA CCBTA COUNTY INATRDC112EB QAIUM X,. 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, 1997, 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, 1998, must be presented not later than six months after the accrual of the cause of action. claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Gov't Code 912.2.) B. Claims 'must be filed with the Clerk of the board of Supervisors at its office in Room 104, County Administration building, 951 Pine Street, Kartines, CA 94553. C. If claim is against a district governed by the board of Supervisors, rather than the county, t he name sof the District should be filled in. D If the claim is against more than one public entity, separate claims must be filed against +tach public entity. S. mud. See penalty for fraudulent claims, Penal Code Sec. 72 at the end of this fora. RE: Claim By Reserved for Clerk's filing stamp San Pablo Historical Society RE'CFJvpn Against the County of Contra Costa) } AY 7 1999 District) (rill in name) The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ 550.00 and in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact date and hour) Between 8/4098 and 3'4/93 1. Where did the damage or injury occur? (Include city and county) Richmond Health Center, Richmond, Contra-Costa 3. Now did the damage or injury occur? (Give full details; use extra pager if required) 13 objects were loaned to the Richmond Health Center for an exhibit, 11 returned 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? 1) Objects were not kept in a secure location. 2) Inventory was not taken at setup and removal of exhibit, nor before returning objects. (over) S. what ars the names of county or district officers, servants or etmp2oyee:s causing the damage or injury? Ann Schnake S. What damage or injuriees do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimatos for auto damage.) Lass of archaelogical artifacts. 7. Now was the amount claimed above computed? (Include the sstimat+ed amount of any prospective injury or damage. ) see attached estimate. B. Names and addresses of witnesses, doctors and hospitals. Susan B.Meltzer, MSW, Richmond Health Center g. List the expenditures you &ade on account of this accident or injury. Gov. Code Sec. 810.2 provides "The claim must be signed by the claimant or by one person on his *► Name and Address of Attorney ) °e Seth Hansen for San abI Historical. Society (Claimant's Signature) One Alvarado Square } (Address) San Pablo, CA 94806 l T*I*phone: No. TelephoneNo. (510) 215-3205 XOTICE Suction 72 of the Penal Coda provides: Zvery person who, with intent to defraud, preesents for allowance or for payment to any state board or officer, or to any county, city or district board or officer, authorised to allow or 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 fins of not exceeding one thousand ($1,1300) , or by both such imprisonment and tins, or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars ($10,1300, or by both such imprisonment and fine. BUiM-, RYIEM &BUM", MY11 D, Fine Art Auctioneers and Appraisers since€865 2zo Sap,Bruno Avenue, San Francisco,CA 941o3 T-'I(4iS)961-75oo F&x(415)8 1-8451 76o.Sunset Boulenrd, los Angeles,CA goo46 Tel(az�1��o-;a�r�o � (2,13)8�0..<��� p � Date- _ ! — To. �.� � Phone: Appy fSeC — , Ext. F Description Value$ Sale /�7 P 3 0 F The auction value estimates are based on the photographs and the information you-provided. They are subject to change upon actual examination of the property. The property deadline for sale on is **The property deadline for sale _on a is -- *'�* The property deadline for sale -- on nr is i$1"hire-Client . Y'el'low-Appraisal Coordinator - _ink-Appraiser• Goldenrod-Npartmem 55.102 Rar.(3/95, errithew rll Ann Schnake, FNP Richmond Health Center -0001 Ir"FU= guilt of !Many Colors Project AND HEALTH CENTERS _ Community, Art, and Diversity Committee 100 38th Street, Richmond (510) 374 7082 Seta Hansen Recreation Division, Historical Museums One Alvarado Square, Bldg 5 San Pablo, CA 94805 April 9, 1999 Gear Beth, I am writing to you today to confirm that we, most unfortunately, have not been able to locate the bone tool from the Ohlone artifacts you lent us for our recent Dative American exhibit. We believe the tool was stolen during the dismantling of the exhibit, while the items were briefly left unattended in the lobby of Richmond Health Center. This letter is written with our more profound apologies and regrets for this most unfortunate loss. We greatly appreciated the generosity of the San Pablo Historical Society in loaning us these artifacts. We understand that this was done out of your commitment to making the history of the area accessible to the community. The Community, Arts and Diversity Committee of Richmond Health Center shares that commitment. We have been presenting exhibits in the lobby of the Health Center over the last three years and have consistently received very positive feedback on the quality and education that our exhibits have offered. We believe that these exhibits bring the history and arts of the community alive for our clientele and are an important part of our mission of comprehensive community health. Since the unfortunate theft of the Ohlone tool, the committee has fully analyzed this event. In retrospect,our exhibition case is secure but we lacked adequate safeguards in the process of movement of items. We have now fully revamped our process of cataloging and movement of borrowed items to prevent future such occurrences. I hope that we can speak in person in the next few weeks. Again, our appreciation for the generosity of the Historical Society and our apologies for the theft of the tool. Sincerely, Ann Schnake, FISP Richmond Health Center CONTRA COSTA COUNTY A34 t A-0(1/96) a CLAM BQAED QE SITI:PiCM DE t"MIEe NIST -C =s BOARD AOJune 22 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 The copy of this dDcurnent railed to you is your California Government Codes. 3 notice of the action taken on your claim by the Board of Supervisors. (Paragraph IV belovh, given y pursuant to Government Code Section 913 and 'N 815.4. Lease rote all "Warnings". AMOUNT: $350.00 ...:: i"a 0AL2i".. CLAIMANT: Susan Ludricks ATTORNEY: DATE RECEIVED: June 3, 1999 ADDRESS: 801 Lie Fremery Leri ye BY DELIVERY TO CLERK ON: June , -1229 Brentwood CA 94513 BY MAIL POSTMARKED: June,-2,1299 L FRONT E Clerk of the Board of Supervisors M County Counsel Attached is a copy of the above-noted claim. PHIL BAT HELC}R, Clerk'�� Dated: June 3, 1999 By: Deputy IL PROx'VL County Counsel M. Clerk of the Board of Supervis s This claire complies substantially with Sections 910 and 910.2. This claim PAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). { ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: r� sk Bated: € Bye 5 4 :r Deputy County Counsel FR Clerk of the Board T:'1?: Cunty Counsel (1) County Administrator (2) ( ) iin was returned as untimely witli,nc ce to claimant (Section 911.3). IV BOARD QRDER: By unanimous vote of the Supervisors present: This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: " ! PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *Por Additional Warning See Reverse Side of This Notice. A.FT?DAWr OF MAEUNG 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: M1 By: PHIL BATCHELOR By I3eputy Clerk CC: County Ansel County Administrator Claim to: BOARD OF SUPERVISORS OF CON'TRA COSTA COUNTY INSTRU ONS 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 an 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. 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 riled against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at the end of this form. RE: Claim by i Reserved for Clerk's Filing Stamp Against the County of Contra Costa JUN or District (Fill in Name) The undersigned claimant here g rakes claim against the County of Contra Costa or the above named District in the sum of S iEi 14 "and in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact Date and Hour) ? -- --------------------------------------------------------- 2. Where did the damage or injury occur? Include City and County) 1 , 3. How did the damage or injury occur? ((;4e run details;use extra paper ir required 0en V-A-� <t c 3 � U,: -C-�ff CAD C) 1� ------------------------------------------------------------------------------------ 4. What particular act or omission on the part of county or district officers, servants, or employees caused the injury or damage? /- - ti 11-1` 1 0 �-zj �(f eAZ, 7- �A (Over) °auU pue juamosuduai pn&... gjoq ,Cq jo •( 000`01S) s.aellop puesnogj uaj gulpaaaxa jou,}o aug s Cq •uoslsd airs aqj ut juauauosudaui 9q.10 Imu pua ;uaauuosuduai Bans gjoq ,Cq .ao+( 00011$ ) s.ivllop punnop auo Sulpaaaxa jou jo aulj n &;q 4arms auo uTaij aaoau jou,;o pouad a aoi lief Siunoo aqj ui ju;)wuosudual gq.aagjla algagslund sl lui;ua jo •.aaganoA bjunmis `llcq Immia jualnpm aj.ao as;r°; Cue iaulnuall Ji awes aqj Sed ao molp; o; paai aotpnv liaalilo so p roq jaujslp as 0:)I.Cjunoa .Cue of.ao•.aaawo ao p,xeoq a;Ejs.Cue of juauxXvd.aoi zo aaueaiolla:aoj sjuaswd 1pnsspp o;;ua;ui gjia&°oget uosaad C.aan.a„ :sap!Aoid apo leuad aqj jo Zc uoljaaS 10K auo da akl ' g E Z t °o+4 auogdala,l x of .A r ( S;Uppv) A {a.anzeu�iS s.jueOei3) \ 2 i 7 gatuouv}o ssa appd Pur auaeN ,� ;legaq sig uo uos.uad auaos,Cq ao I (Sau°aojzd) :OL Sa�)110!� 0 Nas jueauiela aqj.Cq pauSis aq lsnua tarda ag i„ :sapino.id Z`016 -33Sapo' •,+,0O t 3 8 " sof Wan 3.Lv4a :1Caaafui,o juapaaae sigj;o junoaae uo apeua nog sa mlpuadza aq;jsi� ------------------------------- -slejidsog pue luo;aop'sass�'jo sassaappe put,OWN I ______________________________________________________________„________--__-_________ ( a�asueg.ao.Csnfesi aet;aadsosd.ius}o;unouia paiuutgss ay;apn��uY) �Pajnduloa;unouae pau7iela aAOCIB agj Se,M.tog '4 - r ar -asslusp OWN xog sa;xusD"au'44 �3RUV 'gaugUI3 s438utep ao saun[ut jo juaga Rn;auk) �q;pa;insaa wi'eLla no,. op saunt\)ui io ssa2eump ieyAl,DO 9 RL +6 ���� �,C.anfui s'o a�euutip3ag;�uisrte�saaAol�d�uaa ao°s�ue.tsas°saaa�o jaujsip.a�noa;o sauxgu aq;a��;egg °S � n t � CLAM B!QHD OF SIMERNASORS Of CONTRA CST PYIT'1V"ll^V_ !CA1 TTt MN1A MARQ ACT! Junes 22, 1999 Claim Against the County, or District Governed by the Board of Stprvisors, Routing Endorsements, } NnCE TO CLAIMANT and Board Action. All Section references are to The copy of this document marled to you is your Califorria Goverment Costes. notice of the action taken on your claim by the Board of Supervisors. (Paragraph IV belovO, given pursuant to Goverw ent Code Section 913 and 815.4. Please note all "Warnings". AMOUNT: $50,000.00 CLAIMANT: Midfirst Bank, State Savings Bank ATTORNEY: McCarthy & Holthus, LLP DATE RECEIVED: May 26, 1999 ADDRESS: Kevin R. McCarthy, Esq. BY DELIVERY TO CLERK ON: M%y 26, 1999 501 West Broadway, Suite 410 San Diego CA 92101-3541 BY MAIL POSTMARKED: May24, 1999 Z FRONS Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PML BAT LOR, Clerk Dated: May 26, 1999 By: Deputy IL FROM: County Counsel TOr Clerk of the Board of Superviscig (� This claim complies substantially with Sections 910 and 910.2. ( This claire FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section: 310.8). ( } 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). ) Cather: Dated: By: Counrj Counsel ]IL FRO.NE. Clerk of the Board unity Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IVa 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 Oder entered in its minutes for this date. Dated: PHIL BATCHELOR, Clerk, By Deputy Clerk ,17 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 email 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 mediately. *For Additional Warning See Reverse Side of This Notice. AFFIDAVIT OF 14� 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. s� Dated: i By: PHIL BATCHELOR By , ? ' Deputy Clerk CC: County Counsel County Administrator McCarthy & Holthus, LLP RECENED A limited Liability Partnership including Professional Corporados M `� � 501 'most Broadway -- - .,�J � Suite 410 � rAK BOARD OF Saar Diego, California 9x2101 , Qi LI O'S Telephone(619)685-4800 €a"It n8le(619)6854810 Thomsts J,1{ohbwA Email- Kevht R.McCarthy EmAH:kwccaerthy,McCarthy-Holthusxow Balsa s *fid in Nevada €ra mp aunty CWIke:(714)285-9984 and Arizona Federal Courts May 24, 1999 Clerk of the Board of Supervisors Room 106 County Administration Building 651 Pie Street Martinez, CA 94553 Re: Claim of MidFirst Bank against the County of Conta Costa Property address : 195 North Broadway,Pittsburg(Bay Point) Dear Clerk: Enclosed please find a claim filed on behalf of MidFirst Bank resulting from the demolition of improvements on the above indicated address. Such demolition was done without notice to MidFirst Bank,the record owner and holder of a first deed of trust secured by the real Propel• copy of the claire and a self addressed., stamped envelope is enclosed. Please forward a file stamped copy of the claim to nuc. Thank you for your prompt attention to this matter, should you have any questions or comments, please do not hesitate to call me at(619)685-4800. tvin ly your .LcCh , q, Enclosure claim :to: esOMW or NUFZRVIDQ" or VOUTRA COBTA COUMr , . claiaas 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 clay after the accrual of the cause of action. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or after January 1, 1988, must be presented not later than six months after the accrual of the cause of action. Claims relating to any other cause of 'action must be presented not later than one year after the accrual of the cause of action. (Gov't Code 911.3.) S. Claims must be filed with the Clerk of the board of Supervisors at its office in Room 106, County Administration Building, 651 pine Street, Kartinez, 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. B. ZrAUd. See penalty for fraudulent claims, penal. Code Sec. 72 at the and of this form. �re�rtra�e,r#����:�ir�#�srrcr��+r,te,e+�r�,��r�e�:�e�r*�#:,��ecr�ae�,�tr�r�►+ea�ar�,����,�#:�,�r� RE: Claim By Reserved for Clerk's filing stamp MIBFIRST BANK, STATE SAVINGS BANK Against the County of Contra Costa) E L�� Or MAY 2 6 €9-99 `9 District) (Fill, in name) tip"Jew ff The undersigned claimant hereby makes claim against the: County of Contra Costa or the above-named District in the sum of $ 50.,000.G 0 and in support of this claim represents as follows: plus attorney's fees and costs. I. When did the daziage or injury occur? (Give exact date and hour) Exact date unknown, claimant discovered damage on or about January 14, 1999. 3. inhere did the damage or injury occur? (Include city and county) 195 North Broadway,- Pittsburgh (Bay Point), California, County of Contra Costa. 3. Now did the damage or injury occur? (Give: full details; use extra paper if required) Demolition of real property improvements, without proper notice to secured --__._�--)cpr_ of record-, 4. What particular act or omission on the part of county or distriFE officers, servants or employees caused the injury or damage? Failure to give adequate and/or proper notice to claimant of intention to demolish.. (over) .` What are the names of county or district officers, servants or employees causing the damage or injury? Unknown s. that damage or injurios do you claim resulted? {Give full extent of injuries or damages claimed. Attach two estimates for auto damage. } Destruction of claimant's security interest in real property, secured by a note and deed of trust of record. 7. Now was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) Reduction in Department of Housing and Urban Development FHA insurance claire payment. s. Names and addresses of witnesses, doctors and hospitals. Unknown 9. List the expenditures you made on account of this accident or injury. MQUXT N/A eaa�������a:�r,t�t���,��►��.�r•:�.,erg,���..�r�,e,e,e�+t�.�:��,��.�,r�+e,es:���r,r��* Gov. Code See. 910.2 provides 3 "Thai The lair mu t be signed by the } claim nt or some person on his FI S TQ* " Name and Address of Attorney ) McCarthy & Holthus, LLP )I MA I �A, Kevin McCarthy, EN. 1 iman s 'signature) 501 West Broadway, Suite 410 San Diego, CA 92101-3541 3232 W. Reno, P. 0. Box 26648 (Address) Oklahoma City, OK 73126 Telephone_ ft. (619) 685®4800 } f'slsphrna No. (405) 947-3232 e����r�.*e����fr�����",�,��#�.�e�r.rr�e,t,e,��,era•�a��r�•��r��r,a�r�t����•�,�r�,���r,r� NOTICE Section 72 of the penal Code provides: Ivory person who, with intent to defraud, presents for allowance or for payment to any stats 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, bila., 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 *xceredinq one thousand (S1,OOD) , or by both such Imprisonment and fins, or by imprisonment in the stats prison, by a fine of not ercesding ton thousand dollars (Si4,000, or by both such imprisonment and fine. r � lip 0 t { CLAM OA-RD OF SOM -OF CQURA TA C QUI ins _CALIFC3R' A BOARD AMR June 22, 1999' Claire 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 : LYrE pursuant to Government Code Section 913 and 915.4. Please note all "Warnings". Y, rF . AMOUNT: Unspec?fxed CLAIMANT: Linda Reed ,``u: <� `yew> ATTORNEY: DATE RECEIVED: May 20, 1999 ADDRESS: 3933 Walnut Blvd. , #15 BY DELIVERY TO CLERK ON: May 2J, 1999 Brentwood CA BY MAIL POSTMARKED: Hand-delivered L FROnClerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PHIL BATC LOR, Clerk , Dated: May 20, 1999 By: Deputy H. FROI�: County Counsel TO: Clerk of the Board of Supervisor {This claim complies substantially with Sections 910 and 910.2. ( This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.11). ( ) Claire 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). 2 x r (>4Other° a If I `_ Dated: By: 2 ` Deputy County Counsel Y Y M. FROlVL Clerk of the Board TO< C96ty Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with n& e to claimant (Section 911.3). BOARD ORDER- By unanimous vote of the Supervisors present: This Claire 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. Bated: 2-2-, PHIL BATCHELOR., Clerk, By ' , Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the .mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For Additional Warning See Reverse Side of This Notice. AFFIDAVIT OF NIAILJNG I declare under penalty of perjury that I am now, and at all tunes herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated:' By° PHIL BATCHELOR B y Deputy Clerk CC: County Counsel County Administrator Clain to: SoAn Or It'PERVZSOM Or CONTRA COSTA COUNTY Xl 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, 1967, must be presented not later than the -tooth day after the accrual of the cause of action.. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or after January 1, 1966, 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 eine year after the accrual of the cause of action. (Gerv't Code 911.3.) a. Claims must be filed with the Clark of the Board of Supervisors at its office in Room 1061 County Administration Building, e651 Pine Street, Kartin*z, Cid 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 eine public entity, separate claims must be filed against each public entity. Z. FrAgd.' Seo penalty for fraudulent claims, Penal Code Sec. 73 at the and of this form. �ra,�+e�rr�ar►s�ra�r+r�ee«,e#s*e�e�el��r�ee,��,�:�,e�+e�,eee�rf,ere,e�e�e:+etr,e�e�#ee�ta�,e,e��erf+e�ers��rer RE: Claim By Reserved for Clerk's filing stamp RECEIVED ,against the County of Contra Costa) or MAY 2 0 1999 1 District) a (Fill in name) € i< h, The undersigned claimant hereby makes claim against the County of Contra Costa or the abcvee-named District in the sum of ano n sup�aort o ;thine clam �C�presents as fgllo�s: € pp 1. When did the damage or injury occur? (give exact data and hour) P. Where did the damage or injury occur? (Znclud Ucity and county) 3. Bowthdi a damage or injury occur? (Give full details; use extra paper if required) t , ,i �03. +''� "s�..,�' F s� ... w a ". tt t ,1' r Vw' 'x''` _. +t ' What' particular act or omission on the part of county or district k officers, servants or employees caused the injury or damage? (over) . What are the names of county or district officers, servants or employees causing the damage or injury? `' . What damage injuries do y®u`claim resulted' Civ, full extent of injuries or damages claimed. Attach two estimates for auto damage. ) 7. Now was the amount cloizod above computed? (include the estimated amount of any prospective injury or damage.) S. Fames and addresses of witnesses, doctors and hospitals. �. List the expenditures you made on account of this accident or ink ury• �►tees,�,���e���r+t��e�ea,�+e�►�:errs,rs�,�,et��ae�wra,ear,eet�t�reee,�+er��ra,���►er�r,t+�,��r,ee;: } Cov. Cade Sec. 910.2 provides "The claim must be signed by the claimant or by some person on his REED N211aS- TO; -(,Attorn2y,1- ha Mame and Address of Attorney � r r.irr wr (Claimant's Signature) (Address) Telephone No. 'Telephone No. Z2 ear,�e,���,e:���rse,��+t��r:errs:e�rer��e+��ra:ewes:�#a�a�,eeet�,e�+t�e�►a+e�i►��r�,�#+� NQTiCZ Section 72 of the Penal Code provides; Nvery person oho, with intent to defraud, presents for allowance or for payment to any state board or of'f'icer, 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 sore than one year, by a fine of not exceeding one thousand ($2#000) , or by both such imprisonment and fine, or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars ($10,801, or by bath such imprisonment and fine. � WRITE IT -- DON'T SAY ITT EASY DIABLO FIRE PROTECTION DISTRICT TODATE " a..t ------ FROM � SUBJECT -r x v d 4- , mow» 0-7, / SIGNE :T- ssmz .sae sf�sas�mx"&�z.a�as s� �rzc�at asast�iaaxaa ntar��alava .� ae�mm T- i.{ PLY MERE TO DATE SIGNED INSTRUCTIONS- Fill In top portion, remove pink and Forwarg remaining, parts. To reply, fill in lower portion and keep yellow and return original to sender. q,n/writermy,989 o- CLAIM BARD QE SITEgVYISMS QE CQMA C QSIA Ct"ti'N"i'YAi F R'�►T�,4 BDAiD A F-Jr�e'22, 1999 Claim Against the County, or District Governed by } the Board of Supervisors, Booting Endorsements, NOTICE TO CLAIMANT and Board Action. All Section references are to The copy of ttus docum nt rrteiled to you is your California Government Codes. notice of the action taken on your damn by the Board of Supervisors. (Paragraph IV belm- , Oven pursuant to Govermmnt Code Section 913 and J U A 1�t g 915.4. Pease note all "Warnings". AMOL,'NT.- None Sper-ified COUNlY cOUNISEL MARTINEZ CALIF. CL.AIMAN"f': Debora L. Mayne ATTORNEY: DATE RECEIVER: June 8, 1999 ADDRESS: :221 Tbulo me BY DELIVERY TO CLERK ON: _June- 8, 1999 Oakley_ CA BY MAIL POSTMARKED: Hand-delivered L. FRONS Clerk of the Board of Supervisors IO: County Counsel Attached is a espy of the above-noted claim PHIL BATC `LAR, Clerk Dated: June 8,_10.99 By: Deputy ,,,,1 IL FROM County Counsel M. Clerk of the Board of Supervisor This claim complies substantially with Sections 910 and 910.2. This claire FAILS to comply substantially with Sections 910 and 410.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). } Claire is not timely filed. The Clerk should return claire on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ) Other: Dated: X1 Jn W!a By: Duty County Counsel UL NL Clerk of the Board M my Counsel (1) County Administrator (2) ( } Claim was returned as untimely with notice to claimant (Section 911.3). 1Y, BOARD ORDEFL By unanimous vote of the Supervisors sent: {� 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 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 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. AFFEDAVI`I'OF M&nXii I declare under penalty of perjury that I am now, and at all tunes 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. Date : L' t ` By: PHIL BATCHELOR IZ,4--Deputy Clerk =`':fin �'Counsel County Adtninistmtor eCLAIM ARD QE SUEER {SOILS 0 QQ \i C1A lZZ�ZI BOARD AM June 22, 1999 Claim Against tie 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 dDcurnent mailed to you is your California Government Codes. D notice of the action taken on your claim by the Board of Supervisors. (Paragraph lil belovl, given { pursuant to Government Code Section 913 and 915.4. Please note all "Warnings". AMOUNT": Mone Specified CLAIMANT': Debora L. Rayne ATTORNEY: DATE RECEIVED: one 8, 1999 ADDRESS: 221 7oulourrie BY DELIVERY TO CLERK ON: June-8,_ 1999 Oakley. CA BY MAIL POSTMARKED: Hand-delivered L FR011- Clerk of the Board of Supervisors 1Xk County Counsel Attached is a copy of the above-noted claim. PHIL BATC LOR, Clerk 4 Dated:- June 8, 1999 By: Deputy L_Voroltl� II. FROM: County Counsel I)a. Clerk of the Board of Supervisor ( This claim complies substantially with Sections 910 and 910.2. This claim FAILS to comply substantially with Sections 910 and 91€3.2, 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:CV /r! 4LO,.—qBy: puty County Counsel IIL M Clerk of the Board M. my Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV BOARD ORDl By unanimous vote of the Supervisors present: finis 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: ' - � PML BATCHELOR, Clerk, By ' t 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 atorney 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 1VIAII.Iri 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 Martinet, 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 W puty Clerk CC: County Counsel County Administrator DEPUTIES: .CT0R J.WESTMAN PHILLIP S.ALTHOFF ORA COUNTY COUNSEL NL.AMENIA ORA G.BARLOW B.REBECCABYRNES DY SIL`o/AtNO B.€�sARCHESI ANDREA .COOPW. R CONTRA ���`"�'� ���� MONIKA L.COOPER CN?EF ASSISTANT COUNTY COUNSEL 1e6+E°d 3 f ld� a✓ VICKIE L.DAWES OFFICE F THE COUNTY COUNSEL MAKE s AR M!C�iAEL D..FFARE SHARON L.ANDERSON COUNTY ADMINISTRATION BUILDING LILLIANT.FUJIi ASSISTANT COUNTY COUNSEL 651 PINE `PREE7 9th FLOORJA DENNIC.GRAVES ANET L.HOMES GREGORY G.HARVEY�fEY MARTINEZ, CALIFORNIA 94553-1229 KEVIN T.KERR BERNARD L.KNAPP ASSISTANT COUNTY COUNSEL EDWARD V.LANE.JR. BEATRICE LiU MARY ANN MASON AYLE M �L3 PAUL R.MUNIZ VALERIE J.RANCHE OFFICE MANAGER STEVEN P.RETTIG DAVID F.SCHMIDT J. PHONE(925)335-1800 DIANA RSILVER 8AR3ARA N.SUTLIFFE FAX(925)646-1078 JACQUELINE Y.WOODS NQ11 E OF INSUFFICIENCY AND/OR NON-ACCEPTANCE OF CLAIM TO: Debora L. Rhyne 221 Touloume Oakley, CA RE: CLAM OF: Debora L. Rhyne 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: [ ] L The claim fails to state the name and post office address of the claimant. [ ] 2. The claim fails to state the post office address to which the person presenting the claim desires notices to be sent. [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. [X 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. [ ] 6. The claim is not signed by the claimant or by some person on his behalf. Page 1 X] 7. Other: The claim fails to describe any duty or obligation of the public entity and any action giving rise to the claim. VICTOR J. WESTMAN, County Counsel By/ peputy Coun y ounsel � p CERTIFICATE OF SERVICE BY MAIL (C.C.P. §§ 1012, 1013a,2015.5;Evidence Code§§641,664) I declare that my business address is the County Counsel's Office of Contra Costa County,651 fine Street,Martinez,California 94553;1 am a citizen of the United States,over 18 years of age,employed in Contra Costa County,and not a party to this action. I served a true copy of this Notice of Insufficiency and/or Non-acceptance of Claim by placing it in an envelope addressed as shown above,sealed and postage fully prepaid thereon,and thereafter was,deposited this day in the U.S.Mail at Martinez,California. T certify under penalty of peijuiy that the foregoing is true and correct. Dated: .Tune 10, 1599,at Martinez,California. cc: Clerk of the Board of Supervisors(original) Risk Management (NOTICE OF INSUFFICIENCY OF CLAW:GOVT.CODE§§910,910.2,920.4,910.8) Page 2 CAww Ak RECEIVED JUS ' CLERK BOARD FSI PtR'," €S f3??3313Efli3?? fh;I11 E til Eli iti33itf8dE CLAJM ' B_ClA_RD QE SUPER'VLS S QF CONIRA MSTA (``C}I?N'TV, IHDRiU BOARD June 22, 1999 Claire Against the County, or District Governed by the Board of Supervisors, Routing Endorsements, NOTICE TO CLAIMANT and Beard Action. All Section references are to } The copy of this document mailed to you is your California Govern rmnt Cors. ) notice of the action taken on your claim by the 3 Board of Supervisors. (Paragraph IV beloo, given pursuant to Goverment Code Section 913 and h > .. :S ; 915.4. Please rote all "Warnings". f s r�s f AMOUNT: $250,000.00 >N.ryV MA ;FEZ CAI.': . CLAIMANT: Tamara Robinson ATTORNEY: c/o James S. Bostwick, SBN:04276ATE RECEIVED: May 20, 1999 Bostwick & Associates ADDRESS: Four Embarcadero Center, Ste.71jy DELIVERY Tel CLERK ON: May-20. 1992 San Francisco CA 94221 BY MAIL POSTMARKED: an -rl j-i veep L FRO?**- Clerk of the Board of Supervisors Tom: County Counsel Attached is a copy of the above-rioted claire. PHIL BAT,gML©R, Clerk Dated. May 20. 1999 By. Deputy IL FRONt- County Counsel 70 Clerk of the Board of SuperviscWs { ) This claim complies substantially with Sections 910 and 910.2. { This claire FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 310.8). { ) 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). {V Other: 4� l � . 4 Dated: �L� &AI , By: Deputy County Counsel in FRO AL � rk of the Board TO. /(CO Counsel (1) County Administrator (2) ( Claim was returned as untimely with notice to claimant (Section 911.3). BOARD ORDER: By unanimous vote of the Supervisors present: This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: 1- PO PHIL BATCHELOR, Clerk, By—4A,— �, Deputy Clerk s 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 AIAEUNG I declare under penalty of perjury that I am novo, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: J By: PHIL BATCHELOR By Deputy Clerk CC: County Counsel County Administrator PH!LLIP S.AL7HOFF _ L. COUNTY COUNSEL NORA G. AMENIA - ORA .BARLOW B.REBECCA SYRNES ANDREA W.CASSIDY SILVANO B.MARCHESI CONTRA COSTA COUNTY MONIKA L.COOPER CH iEF ASSISTANT COUNTY COUNSEL MAR E L.DAWES OFFICE OF THE COUNTY COUNSEL MICHA S. .FAR MICHAEL D.FARR SHARON L.ANDERSON COUNTY ADMINISTRATION BUILDING LIL t IAN T.FUJII ASSISTANT COUNTY COUNSEL -51 PINE STREET,9th FLOOR A NNIS C.GRAVES ASSIS �d JANET L.HOLMES GR�CaC3 C.HARVEY MAR iNEZ, CALIFORNIA 9455",-1229 KEVIN KERR V BERNARD KNAPP ASSISTANT COUNTY COUNSEL EDWARD V.LANE,JR. BEATRICE LIU MARY ANN MASON GAYLE MIE.GGUI PAUL R.MUNIz VALERIE J.RANCHE OFFICE MANAGER STEVEN P.RETTIG DAVID F.SCHMIDT DIANA PHONE(825)335-1800 BARBRRAILVER N.SUTLIFFE FAX(925)646-10378 JACQUELINE Y.WOODS NOTICE OF INSUFFICIENCY AND/CR 't !:ACCEPTANCE QF CLAIM TO: James S. Bostwick, Esq. Bostwick& Associates Four Embarcadero Center, Suite 750 San Francisco, CA 94111 RE: CLAIM OF: Tamara Robinson 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: [ ] I. The claim fails to state the name and post office address of the claimant. [ = 2. The claim fails to state the post office address to which the person presenting the claim desires notices to be sent. [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. [x] 4. The claim fails to state the name(s) of the public employee(s) causing the injury, damage, or loss, if known. [ ] 5. The claim fails to state whether the amount claimed exceeds ten thousand dollars ($101,000). 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. Pacxe 1 [ ] 6. The claim is not signed by the claimant or by some person on his behalf 7. Other: The claim fails to describe any duty or obligation of the public entity and any action giving rise to the claim. VICTOR J. WESTMAN, County Counsel B )4eput4yunt o se (`ERTIFI ATE OF SERVICE BY'MAIL (C.C.P. §§ 1012, 101.3a,2015.5;Evidence Code§§541,664) I declare that my business address is the County Counsel's Office of Contra Costa County,551 Pine Street,Mart nez,California 94553;I am a citizen of the United States,over 18 years of age,employed in Contra Costa County,and not a party to this action. I served a true copy of this Notice of Insufficiency and/or Non-acceptance of Claim by placing it in an envelope addressed as shown above,sealed and postage f ffly prepaid thereon,and thereafter was,deposited this day in the U.S.Mail at Martinez,California. I cerdfy under penalty of perjury that the foregoing is true and correct. Dated: May 26, 1999,at Martinez,California. rF �� ce: 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. May 204 1999 Via Messenger <;.< Clerk of The Board Board of Supervisors-Contra Costa County � f� 651 Pine Street, Is'Floor e 5 . an x Martinez _ MAY 2 fri9q Re. Robinson v. Contra Costa County,et al. f`u Dear Sir/Madam: � m Enclosed please find the original Claire against the Contra Costa County Health Services for the above referenced matter and one copy. Please return the copy to our office with the date said Claire was received imprinted or stamped thereon. Thank you for your attention to the above. Very truly yours, Rebecca L. Byrne Enc. James S. Bostwick, SBN. 042718 Bostwick& Associates Four Ebarcadero Center, Suite 750 San Francisco CA 34111 (415)421-8300(Ph) = y6"5}� r (415)421-8301 (Fax) a Attorneys For Plaintiffs CLAIM AGAINST COUNTY OF CONTRA COSTA AND .ITS GOVERNING BOARD, CONTRA COSTA COUNTY BOARD OF SUPERVISORS TO. COUNTY OF CONTRA COSTA ANIS ITS GOVERNING BOARD, CONTRA COSTA COUNTY BOARD OF SUPERVISORS. The following claim for damages is hereby made by Tamara Robinson, against you, and each of you, and the particulars of the claim are as follows: A. NAME AND ADDRESS OF CLAIMANT. Ms. Tamara Robinson 371 South 38"' Street Richmond, CA 94804 B. THE ADDRESS TO WHICH NOTICES ARE TO BE SENT: Jaynes S. Bostwick,Esq. Bostwick& Associates .Four Embareadero Center, Suite 750 San Francisco, CA 94111 C. AMOUNT OF CLAIM: $250,000.00 general damages, plus special damages. D. DATE AND PLACE OF OCCURRENCE: That on or about December 21, 2998, and prior thereto and thereafter, claimant, Tamara Robinson,was under the care and treatment of Contra.Costa Health Services. E. OTHER CIRCUMSTANCES OF OCCURRENCE: That Contra Costa Health Services, its physicians and other medical personnel undertook and agreed to diagnose and to care and treat claimant and do all things necessary and proper in connection therewith, and said facility thereafter entered into such employment, individually and by and through their employees and agents. That Contra Costa Health Services in conjunction with others, were negligent and careless in and about said care,treatment and diagnosis of claimant's positive skin test for tuberculosis, in that, among other things, failed to provide proper supervision, failed to properly monitor and respond to claimant's INH therapy,thereby proximately causing the damages herein alleged. As a proximate result of the acts and omissions of Contra Costa Health Services and its agents and employees, Tamara Robinson was required to undergo a liver transplant. At all times mentioned herein, claimant did not know, and did not reasonably have grounds upon which to know, that the medical care described hereinabove was negligent and otherwise careless and improper, and that said care proximately caused said injuries and did at all times rely upon the medical personnel involved, and each of them, and, until December 21, 1998, did assume that the care and treatment claimant had received from said medical personnel was in all respects proper. Prior to that time, claimant had no cause to believe that her injuries were the result of negligence on the part of the Contra Costa Health Services, its agents and employees, and each of them. F. ITEMIZATION OF INJURIES: As a further direct and proximate result of the aforementioned matters, claimant Tamara Robinson was required to undergo a liver transplant, with all the follow-up care, future physical limitations, and repercussions associated with such a major procedure. The amount of damages claimed as of the date of the presentation of this claim is $250,000 representing general damages plus special damages including past and future medical expenses and past and future loss of income according to proof. G. EMPLOYEES CAUSING INJURY AND DAMAGES: The employees of Contra Costa Health Services responsible for the occurrences identified herein are presently unknown. 2 H. NATURE AND EXTENT OF DAMAGES: The amount claimed as of the date of the presentation of this clam is $250,000 representing general damages plus special damages including medical expenses and loss of wages according to proof. DATED: € A BOSTWICK&ASSOCIATES By James S. Bostwick Attorneys For Claimants 3 CIL AIM Y IA BC) O_A_M. June 22, 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 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 t 915.4. Please note all "Warnings". MAY AMOUNT: $5,000.00 CLAIMANT: Raymond T �.T . SM ATTORNEY: DATE RECEIVER: May 17, 1999 ADDRESS: 6211 Bayvf.eia Avenue BY DELIVERY TO CLERK ON: v 17�-1 Q9Q m San Pablo CA 94506 BY MAIL POSTMARKED: Ha. -del i vp_rPd L FROTH—L Clerk of the Board of Supervisors TO County Counsel Attached is a copy of the above-noted claim. PHIL BATLOP, Clerk A.- Dated: ,Dated: Maar 17, 1999 By: Deputy ✓`7. IL FROM: County Counsel TO: Clerk of the Board of Supervis 1/y\1 This claire 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 claire 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: t By: eputy County Counsel f i i 2 HL FItOnl - Clerk of the Board M County Counsel (1) County Administrator (2) ( ) Claire, was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDEFL- By unanimous vote of the Supervisors present: ( This Claire 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. Bated: 7PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For Additional Warning See Reverse Side of This Notice. A MAVIT OF MAIIENNG I declare under penalty of perjury that I am now, and at all tunes 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 Martine, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: l ��' ' ' By: PHIL BATCHELOR Bye ; .-' Deputy Clerk CC: County Course) County Administrator :zairn-to." BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY STItLTCTIOh'S TQ CLAIMAN 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, trust be presented not later than the 100'h day sifter 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 roust be filed with the Clerk of the Beard 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 fled against each public entity. R Fraud. See penalty for fraudulent claims, Penal Code Seca 72 at the end of this forma RE: Claim By Reserved for Clerk's filing stamp s RECEIVED Against the County of Contra Costa or MAy 17 19,9191 t� r ) 's Cr T `�..� s ��� °� `�} '$� District) .� (Fill in name} £ x C°h,KS�0AR0 C,F S P RVQ SCIS s Q 9A COQ A tib. € The undersigned claimant hereby makes claim against the County of Contras Costa or the above=named district in the sum of and in support of this claim represents as follows. I. When did the damage or injury occur?(Give exact date and hour "f n , 2. Where slid 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) N J f. . What particular actor omission on the part of county or district officers, servants, or employees caused the iniury or damage? 6 . L oz ,i v-< �e{,q , (,,6. •.9'`'&,i f'`S`� _.� `�� �s;,st'$}^� #� T �.�Ls ''a �•wj 2".�.:t�^e �"�-., �,ia.,i e R .� X � -77., .�r°.i" 1 F v r � d• 5. What are the names of county or district officers, servants, or employees causing the damage or injury? y 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage.) 2 r 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) :. YA y ���+ 4<+'Si .-{, �iS,:ti�r'`� t's2 �.'rw.�":'4r. �.:3r'? '4'•d �+.: g. Names and-addresses of witnesses, doctors, and hospitals. `" m 9. List the expenditures you made on account of this accident or injury. DATE+ TIldE AMOUNT } Gov. Code Sec. 910.2 provides "The claim must be } signed by the claimant or by some person on his behalf." SEND NOTICES TO:- ('Attorney Name and Address of Attomey } sur �,� •���..-. �' >�Y�,..� } (Claimant's Signature) } (Address) Telephone No. _)Telephone No. � 0) H N{3ncE Section 72 of the Penal code provides: Every person who,with intent to defraud,presents for allowance or the 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. COURF OF CONTRA COST? COUNV'i` 50251 - 7 NAME SHUP RbYMOND LEE NBR . . t. , F . ... WORK 004PLETED QJ . . }, .. OV13NUANT 12 MAKING PAYMENANOTHUR, FEUiPT SHOOLD BE HOPED , .?0 .`30. SIM R TP` +'i V SO E CM- SIA _ 1 RI BOMD AM June 22, 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 The copy of this docurrent mailed to you is your California Government Codes, , . x } notice of the action taken on your claim by the �Fx m xm�k Board of Supervisors. (Paragraph IV below), given pursuant to Government Code Section 913 and t 2ei 915.4. Tease rote all "Warnings". CC, AMORT. Not fv<AiR,Ti��Z )pA',-ir CLAIMANT: Clayton B. 'Thmaias ATTORNEY: DATE RECEIVED: May 19, 1399 Martinez Detention Facility ADDRESS: 902 Court Street BY DELIVERY TO CLERK ON: 19, 1999 Martinez CA 94553 BK: 98220223 - FA BY MAIL POSTMARKED: Interoffice I. FROM[: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-nested claire. PHIL BAT HELOR, Clerk Dated:— Ivy 19, 1999 By: Deputy -- 11. FRC?Nt County Counsel TO: Clerk of the Board of Supervis s (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 Bled late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: ' �Ila By: � puty County Counsel RL FROM- Clerk of the Board TO: 'County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notsto claimant (Section 911.3). 1V. 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 Carder entered in its minutes for this date. Dated: �� PHIL BATCHELOR, Clerk, By ��, 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. AF `.#T1AV1T OF AIAi. X. 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 ByOW, Deputy Clerk C"C. County Commei Coun.y Adriinistrator .: _. . ... � .. ... . l � k7 .. 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AAy 7-e p l �- `� Wa,5 WO T PCra5ha-ble, - " - nit EPUTY BAtK OR 0Thl tspi ivor -rmg rRAjjvEC- LrP7" 6tom, rTe„d' To my rOOm a d arrrxi lvq There, T- IvOT14ed al (y�y Po5 i`T-is ry we rc OA/ TAe GW The r-Loor C t'vT a drmal McTted of 5e PcAllV ) L 7-Arow Al FLoo r i',ry Prc*re.ST. H� Game-, i nv ro my room w tTA Thf, de PuTy Tro ifi/o.t.. a,nrd de a Aidede, to r-urty e lc lV0 t h1-q i t Tct.K C 5 T'Wry 5 e.r5 a c S To d K ' W L A14D TH 0p Me, T`a rM a FLOOR cu �� A16 Iva FaR F- AD , j r v 5 ED jr I-Ir Y AFTCR beIAvq Vic ,ke.lI dowA a ho�viivy 1� r�� �. ,Y Ft�.0 e h e. Co, ! led Codi,, d. codc. �. de.PVTiel arrived Wtd modotc, 'LOC K doWIV Wo�,a C � 11od . ALL U F The, T1la 1 oC V id t fvmore-.5 . T- Wim" Ta k elv To+ Ty ra. K e where... a, r�C� p u fir"/ ro lci 'no be, , 5 To mc.c h i tv 'rhe 1A -'j\e hold ; C e t i awd P v T r",y h a tvc w h 'r I wac- 7o kl I h c, v 4. ow 5 j< ;'eye re 71'me,5 To q e C, r� rO HA Yep .4 MCC I I A W ICA b re.*I-h i fVq ditVicet Me RCAtri a t hiS `' , 1Y o1 Proviop.. 0 C� me, i%!f e- L rho '1` fV The, f I'TCL kf, .� (A ReA wh 1Cf-1 Ca u tt� &vim R E -LE- f � A 5e r r ; e PMA5 E#; r WOOD I'l 1-0 � " INE FbIIVT, -iW-L WHAT WAS THE PURP05ig op r f- PV 7, 7- �5 EA .0 my fm? WfV DID PSC o t,.r tom. 7-NE- DEFt)TY "V5 X z PQRCP ' - f WA6tVT oAD HAVE lRE5 5T-E i '� WVvLg c �lll • #3 1 WA,5 P L A(: I b i N A aL r t N 7-A IV)< ass% r i-t, O V T VOWM My t WA5 REFUSED ME- MCA . TTJ:: �i� T Tlic tr .. WA5 NOT AV'V Ai r yr Y fly ''AA E MJF THE PAS 1`HAT" DPtr }' FOREHEAD AND ��E P tIV Cmy--Vha-VL� FRom 'v6 � cIN6 TH�IV AAy �,:Our VERS TOG 6 T R ER . AP7ERwKRD5 YOV 6UY5 Cir 0 A PRE — Gdoo mop P Liv wA VPOIVDO NOT to ,4v To TA k 'rj' O U-`S -r H zq.5T T UTIO Ill. : . TAUL ......... ......... ......... ......... ........_ ......... ......... .............. .. ......... ......... ......... ......... ................................................................................................................._._.. _ __ _................................................................. ` p 7 4TT CT n T)L rn u 5 _ E 5/ w �. ELL,--- D . F -,M�E I rot r` A y -1vu W, 56333 ____.___._._.__.___•_...........�tJrf.... 1�"� ,....,�__,t�fr.#.r�_.. ..... Lr_� �*�.�...�..�K�1� -`-_!-• .jw.._..L�11� �._Sr{:LY._._.i- .i��-....w_.. LT A5 tA ARLU. .tom. ...�. ..�:�.. :P _i Itl ht ...a.f5,",S0.dAVS 4..A..f +Z rj I � t .3 tic ." 9 AM + ! ._. v xf APPLICATION TO FILE LATE CLAIM BOAS OF SUPERVISORS C?F C3I�"TRA COSTA C�JI�, CALIFORNIA - BOARD ACTION Tune 2, X999 Application to File Late Claim ) NOTICE TO APPLICANT Against the County, Routing The copy of thisocur�en mailed to you is your Endorsements, and Beard Action.) notice of the action taken on your application by (All section References are to the Board of Supervisors (Paragraph III, below), California Government Code.) ) given pursuant to Government Code Sections 911.8 and 915.4. 'Please note the "WARM" below. Claimants Eldon Johnson Attorneys c/o John V. Airola Law Offices of John V. Airola Address: 3600 American River Drive, Ste, 1.00 Sacramento CA 95854 May 24 1999 Amount: $2,500.00 By delivery to Clerk on �' g Date Received: May 24, 1999 By mail, postmarked on Liu�2. 1999 I. FROM: Clerk of the Beard of Supervisors r5t County Counsel Attached is a copy of the above noted Application to File Late Claim. DATED# May 25, 1999 PHIL BATCo.OR, Clerk, By � wP Deputy I. FROM: County Counsel TO: vClerk of the K02 of Supervisors ( ) The Board should grant this Application to File Late Claim (Section 911.6). ( The Board should deny this Application to File Late Claire (Se i 911.6). DATED: VICTOR WFZM N, County Counsel, Deputy II. BCW RDER By areae mous vote o. Supero so s present (Check one only) ( ) This Application is granted (Section 911.6). (� This Application to File Late Claim is denied (Section 911.5). I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. DATE: PHIL BAMMLOR, Clerk, By .�Y Deputy WARNING (Gov. Code 5911.8) If you wish to file a court action on this matter, you must first petition the appropriate court for an order relieving you from they provisions of Governmient Code Section 945.4 (claims presentation requirement). See Goverrxent Code: Section 946.6. Such petition must be fired with they court within six (6) month from the date yaw application for leave to present a late claim was denied. You may week the advise of any attorney of your choice in connection with this matter. if M want to consult an-attorneXg you should do so immediately* V. : clerko ar the BoTOa 1 County uns County A s ra ar Attached are copies of the above Application. We notifed the applicant of the Board's action on this Application by mailing a copy of this document, and a memo thereof has ben tiled and endorsed on the Board's copy of this Claim in accordance with Section B9T03. BATCHMDR, Clerk, By _ X '�� �~'.� DATED: `� _ r �P'HIL Deputy V. FROM: 1 County Counsel County Administrator TOt Clerk 6 the Boar sof Supervisors Receigyred copies of this Application and Board Order. DATED: County Counsel, By County Adminiartrator, By APPLICATION TO FILE LATE CLAIM I JOH1e, V. AIROLA, SBN 155950 LAW OFFICES OF JOHN VERRIOS AIROLA 2 3600 American River Drive, Ste. 100 Sacramento, CA 95864 f' 3 Phone: (916) 971-3314 Fax.: (916) 971-3402 4 Email:jairola@aol.com 5 Attorney for Plaintiffs 6 ORS A z 7 8 Claim of. � 9 ELDON JOHNSON APPLICATION TO PRESENT 10 Claimant, LATE CLAIM 11 vs. [Cal. Gov. Cade § 911.4 et. seq.] 12 CONTRA COSTA COUNTY; CONTRA COSTA COUNTY SHERIFF'S 13 DEPARTMENT; CALIFORNIA HIGHWAY PATROL; SISKIYOU 14 COUNTY; and SISKIYOU COUNTY SHERIFF'S DEPARTMENT 15 � Respondents. 16 17 TO CONTRA COSTA COUNTY; THE CONTRA COSTA COUNTY SHERIFF'S 18 DEPARTMENT; THE CALIFORNIA HIGHWAY PATROL; SISKIYOU COUNY; AND 19 THE SISKIYOU COUNTY SHERIFF'S DEPARTMENT: 20 (a) Pursuant to California Government Cade § 911.4, claimant ELDON JOHNSON 21 hereby makes this Application to Present a Late Claim. 22 i' (b) The reason why this claim is presented after the six month Government Code 23 statute, but before the one year Civil Cade of Procedure statute, is because claimant only 24 recently retained legal counsel to pursue his claim. 25 DATED: May 12, 1999 LAW OFFICES OF JOHN VERRIOS AIROLA 26 r 27 \,4"t ' 28 JO V. AIROLA Att r ey for Claimant 1 I JOHN V. AIROLA, SBN 155950 LAV OFFICES OF JOHN VERRIOS AIROLA 2 3600 American River Drive, Ste. 100 Sacramento, CA 95864 3 Phone: (916) 971-3314 Fax.: (916) 971-3402 4 Email:jairola@aol.com 5 Attorney for Plaintiffs 6 7 8 Claim of: 9 ELDON JOHNSON NOTICE OF CLAIM FOR 10 Claimant, PERSONAL INJURIES 11 vs. [Cal. Gov. Code § 910 et. seq.] 12 CONTRA COSTA COUNTY; CONTRA COSTA COUNTY SHERIFF'S 13 , DEPARTMENT; CALIFORNIA F HIGHWAY PATROL; SISKIYOU 14 = COUNTY; and SISK.IYOU COUNTY SHERIFF'S DEPARTMENT is Respondents. 16 17 TO CONTRA COSTA COUNTY; THE CONTRA COSTA COUNTY SHERIFF'S 18 DEPARTMENT; THE CALIFORNIA HIGHWAY PATROL; SISKIYOU COUNY; AND 19 THE SISKIYOU COUNTY SHERIFF'S DEPARTMENT: 2t3 The following sets forth the "Contents of Claim" as instructed. by California 21 Government Code § 910(a)-(f): 22 (a) Claimant ELDON JOHNSON presently resides at 1425 Carlin #2, Reno, NV 23 89507, and claims damages against CONTRA COSTA COUNTY, the CONTRA COSTA 24 COUNTY SHERIFF'S DEPARTMENT; the CALIFORNIA HIGHWAY PATROL; 25 SISKIYOU COUNTY; and the SISKIYOU COUNTY SHERIFF'S DEPARTMENT. 26 . (b) ELDON JOHNSON desires notices sent to his attorney, the Law Offices of John 27 Verrios Airola, 3600 American River Drive, Suite 100, Sacramento, CA 95864. 28 ill 1 (c) On June 12, 1998, ELDON JOHNSON was arrested by the CALIFORNIA 2 HIGHWAY PATROL as a result of an erroneous arrest warrant issued by the CONTRA 3 i COSTA COI.,`-NTY SHERIFF'S DEPARTMENT. He was then taken to a jail operated by 4 SISKIYOU COUNTY and the SISKIYOU COUNTY SHERIFF'S DEPARTMENT. 5 Subsequently, he was transported to a jail operated by the COUNTY OF CONTRA COSTA 6 and CONTRA COSTA COUNTY SHERIFF'S DEPARTMENT. ELDON JOHNSON 7 spent a total of approximately three (3) weeks in jail at the two locations. ELDON 8 JOHNSON was improperly detained, arrested and incarcerated, in that the arrest warrant was 9 erroneous and should never been issued for his arrest. As a result of this erroneous arrest 10 warrant and resulting improper detainment, arrest and incarceration, ELDON JOHNSON I I was terribly humiliated, fearful, and sustained severe emotional distress. 12 (d) As a further result, ELDON JOHNSON lost three (3) weeks from work, and 13 therefore sustained approximately $2,500 in wage loss. In addition, due to the severe 14 emotional distress, ELDON JOHNSON sustained general damages in an amount to be later 15 1 proven at trial. 16 (e) The loss was caused, in whole or in part by various employees of CONTRA 17 COSTA COUNTY; THE CONTRA COSTA COUNTY SHERIFF'S DEPARTMENT; 18 THE CALIFORNIA HIGHWAY PATROL; SISKIYOU COUNTY; AND THE SISKIYOU 19 C0 UNTY SHERIFF'S DEPARTMENT. The precise names of said employees are not 20 known at this time. 2I (f) Jurisdiction over this claim shall rest in the Superior Court of Contra Costa 22 County. 23 DATED: May 12, 1999 LAW OFFICES OF JOHN VERRIOS AIROLA 24 25 26 JOV. AIROLA 27 Att rrey for Claimant t 28 2 i� s I 1 Johnson v Contras Costa County, et til 2 s9 PROOF OF SERVICE 3 [Code Civ. Proc. §1013(x)] I, the undersigned, declare that I am over the age of eighteen (18)years,and not a party to the 4 within entitled action. I am employed at the LAW OFFICES OF JOHN VER.RIOS AIROLA, 3600 American River Drive, Smite 100, Sacramento, CA 95864 5 6 On the date listed below, I caused the following document(s)to be served: APPLICATION TO PRESENT LATE CLAIM and NOTICE OF CLAIM FOR PERSONAL 7 INJURIES f 8 on the parties in said cause, by placing a true copy thereof enclosed in a sealed envelope, addressed as follows: 911 lE 10 On behalf of California Highway Patrol. On behalf of Siskiyou County and the Siskiyou E; E County Sheriffs Department. 11 'iState of California Board of Control Siskiyou County Risk Management P.O. Box 3035 P.O. Box 750 12 s Sacramento, CA 95812-3035 Yreka, CA 96097 13 On beha of Contra Costa County and County Clerk 14 {€ the Contra Costa County Sheriff's Siskiyou Board of Supervisors j "Department. P.O. Box 338 15 Yreka, CA 96097 Contra Costa Risk Management 16 25303 Arnold.Drive, #140 Martinez, CA 94553 17 Contra Costa County Board of Supervisors 18 651 Pine Street, Room 106 Martinez, CA 94553 19 Z0 (X) BY CERTIFIED MAIL Having full knowledge of the outgoing mail system at this Lrm, in that 21 all email it the outgoing mail basket is deposited each evening in the United States Mail, in the ` City and County of Sacramento, State of California, I enclosed a true copy of said document(s) in 22 a sealed envelope, with fully-paid postage thereon in the outgoing mail basket. 23 () BY PERSONAL SERVICE I caused each such envelope to be delivered by hand to the addressee(s) noted above. 24 1 declare under penalty of penury that the foregoing is true and correct. Executed on May 19, 25 1999, at Sacramento, California. 26 '� 27 Lana Theunng v 28 1 R � � � f ® o _ m _ \ V ( } � p 0 � o � ni � 2 q ! \ & � too � 24t � C \ c � to APPLICATION TO FILE LATE CLAM .dune 22, 1999 BOARD OF S�PERVISC}RS C?F CONTRA COffA COLNTY CALIFORNIA BOARD ACTION Application to File Late Claim ) NOTICE TO APPLICANT Against the County, Routing The copy of this document mailed to you is your Endorsements, and Beard Action.) notice of the action taken to your application by (All Section References are to the Board of Supervisors (Paragraph II?', below), California Government Cade.) } given pursuant to Government Code Sections 911.8 and 915.4. please note the !'WARS" below. Claimantt Lawrence and Elizabeth Kiepert Attorney; Stephen R. Raab 115 Sansome St. , Suite 1005 Address: San FranC4 SCO CA 94104 Amounts Jurisdiction of Superior By delivery to Clerk on June 4, 1999 court Date 'Receive .dune 4, 1.999 By mail, postmarked on Hand-delivered I. .O?MS. erk of t e Bird 3_1of Supervisors t Cs,mty Couel Attached is a copy of the above noted Application to File Late Claim. DATED: .rune 8, 1999 F'RIL BATCHELOR, Clerk, By J/ � � Deputy II. FROM: ounty Counsel TO: vClerk of the $card of Supervisors The Board should grant this Application to File Late Claim (Section 911.6). �) The Board should deny this Application to "File Late Claim (Se irp 911.6) V DATED. VICT�3R WESTN�iAN, County Counsel, �Y Deputy II. ARS ORDER By urian mous vote of Super is s resent (Check one only) This Application is granted (Section 911.6). This Application to File Late Claim is denied (Section 911.6). I certify that this is a true and correct copy of the Board's Order-entered in its minutes for this date. DATE; PHIL BATCHELOR, Clerk, By I Deputy WARNM (Gov. Code '§911.$) If you wish to file a court action on this matter, you must first petition the appropriate +court for an order relieving you from the provisions of Government Code Section 945.4 (claim presentation requirement). See Government Code Section 946.6. Such petition must be tiled with the 000urt within six (6) months trm the date your application for leave to present a late claim was denied. You may seek the advise of any attorney of your choice in oonneation with this math. If M want to consult an attorney, you should do so immediately. V. FROM: Clerk of the TO: 1 County Counsil 2 County Administrator Attached are copies of the above Application. We notifed the applicant of the Board's action on this Application by mailing a copy of this document, and a memo thereof has ben filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. DATED: 'LL 2 �122 PHIL BA..>"CHMOR, Clerk, By ", Deputy LZ V. FROM; (i3 County Counsel (23 County Admi strator TO: Clerk of t e Boar of Supervisors Received copiers of this Application and Board Order. DATEDt County Counsel, By County Administrator, By APPLICATION TO FILE LATE CLAIM 1( CEI JUN 04 1999 � t C�ERK S0AR F SUPERVISORS €IRE: Claim By `` NTS 0 C 4 jLAWRENCE and ELIZABETH KIEPERT APPLICATION FOR LEAVE TO €E PRESENT LATE CLAIM [GOV. CODE 5 € Against § 911 . 41 6 The Contra Costa County Fire ( Protection District and Doe I , 7 8 9 10 TO THE CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT s 0 11 Application is hereby made for leave to present a late 12 claim under Section 911 .4 of the Government Code. The claim is 13 founded on causes of action for negligence, intentional 14 infliction of emotional distress and negligent infliction of 15 emotional distress, and for which a claim was not timely 16 presented. For additional circumstances relating to these causes 17 ! of action, reference is made to the proposed claim attached 18 ; hereto as Exhibit 1 and made a part hereof. 19 s The reason for the delay in presenting this claim is the I 20 3mistake, inadvertence, surprise and excusable neglect of the 21 claimants and the claimants' attorney Richard J. Louderback as is 22 more particularly shown in the declaration of Elizabeth Riepert 23 attached hereto as Exhibit 2 , the declaration of Richard J. 24 Louderback attached hereto as Exhibit 3 and the declaration of !Charles 26 M. Louderback attached hereto 4, and made a part hereof. 26 € The Contra Costa County Fire Protection District was not 27 € prejudiced in the defense of the claim by the failure to file the 25 claim in a timely manner. 1 Kiepert Pleading 101 i This application is presented within a reasonable time 2 lafter the accrual of the cause of action, as shown by the f 3 declaration of Richard J. Louderback attached hereto as Exhibit 4 3, the declaration of Charles M. Louderback attached hereto as 5 Exhibit 4 and the declaration of Stephen R. Raab attached hereto 6 as Exhibit 5, and made a part hereof. 7 WHEREFORE, it is respectfully requested that this S ! application be granted and that the attached claim be received I 9land acted on in accordance with Sections 912 .4-912 .5 of the s 10 Government Code . 11 12 Dated: June 4, 1999 Louderback & Louderback, LLP 13 14 �` 1 , By: � y.a; Step en R. Raab, Attorney On 15 Behalf of Claimants Lawrence and 16 Elizabeth Kiepert 17 18 19 20 21 22 23 24 25 26 € 27 i 28 2 Liepert Pleading 101 E r E 2 3 RE: Claim By 4 LAWRENCE and ELIZABETH RIEPERT DECLARATION OF ELIZABETH RIEPERT IN SUPPORT OF 5 Against APPLICATION FOR LEAVE TO PRESENT LATE CLAIM [GOV. COBE 6 The Contra Costa County Fire § 911 .4] ! Protection Distract and Doe I . 7 I I 8 9 i° i 10 11, ELIZABETH KIEPERT, DECLARE` 11 1 . 1 am a resident of the City of Antioch, County of Contra 12 Costa and the parent of my deceased son, Lawrence Alan Kiepert, 13 11 . 1 have personal knowledge of the facts set forth in this 14 ! declaration. 15 2 . On June 6, 1998, my 13-year old son, Lawrence Kiepert, 16 II, suffered a fatal gunshot wound to the head. 17 3. Responding to my emergency call was a male individual I 18 believed to be employed by American Medical Response, Inc. 19 4 . At no time prior to being informed by my counsel on or 20 iabout January 12, 1999 of the representations from American f 21 Medical Response, Inc. did I know of any possible involvement by 22 any member of the fire department in the emergency response to 23 the scene on June 6, 1998 . 24 5. At the time of the incident on June 6, 1998, I did not 25 ; notice any county or City of Antioch vehicles, nor any county or 26 i' city fire trucks, fire vehicles, or ambulances . E 27 I declare, under penalty of perjury under the laws of the 28 State of California, that the foregoing is true and correct, and Kiepert Pleading 104 I F. 1T ..cam -_ dun-O4:-99 09: 044 angel l , b-ruY1nei- & angel l 1 P . 05 .F 1 i 1 ! that this declaration was executed on June 3, 1999, in Contra 2 Costa County, California. 4 Eliz th Ki4pert i i 7 tli fl 10 11 E 12 j I € 3 14 35 E E 16 17 E; 19 20 6 21 22 23 24 is E 25 26 23 28 �� I chin test BOA" or BVVERMORB Or CONTRA COSTA COUNTY XNBZBQCrf NA TO ALUMM 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, 1587, must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to causes of action for dearth or for injury to person or to personal property or growing crops and which accrue on or atter January 1, 1988, must .be pros*ntad not later than six months after the accrual of the cause of action. Claims relating to any causer cause of action must be presented not later than one year after the accrual of the cause of aCtioh. (Gov't Code 911.3.) B. Claims must be filed with the Clerk of the Board of Supervisors at its oifics in Room 106, County Administration Building. 651 pine Street, martin*t, 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. B. rrpud.. Ste penalty for fraudulent claims, Penal Code Sac. 77 at the and of this form.. st,rt,�aaar*+��ee�►,Daae+a+�rar�rs+►�:��rts��,s,�r�aarar►at+s#�n�rs*+gat+aa�+�r��e�ea►��ra►,�ra,at,r�• RE: claim By Reserved for Clark's filing stamp Lawrence and Elizabeth Kie ert } w } } Against the County of Contra Costa) or } Cgntra County County } Fire-, rotect,cin - District) (rill in name) and DOE 1 } ) 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. Jurisdiction over __tba claim 1. When did the damage or injury occur? (Give exact date and hour) June 6, 19981 approximately 5:00 p.m. 2. Mere did the damage or injury occur? (Include city and county) 5006 Iiawxhurst Court, Antioch, CA 94509 3. Now did the damage or injury occur? (Give full details# use extra paper if required) See attached. 4. What particular act or omission on the part of county or di.eetri+ct officers, servants or employees caused the injury or damage? See attached. (over) � JBTT I_ whet are the names of county or aiarricc orricera, uvx-va11%.9jva , employees causing the damage or injury? The name of the district employee is not_knokKa at�thiz t;ma$ 6. what damage or inJurie�s der you aim ulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. ) See attached. ?, Har- Meta the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) See attached. g, Names and addresses of witnesses, doctors and hospitals. See attached. 9. List the expenditures you made on account of this accident or injury. p T� } Gov. Code sec. 910.2 provides } "Thea claim must be signed by the } claimant -or by some person on his .w •:=ICE ]M: Attornsyj ! b tat f #tame! and Address of Attorney } A� Stephen R. Raab (Claimant's signature} 115 Sansome St. , Suite 1005 } On behalf of Lawrence and San Francisco, CA 94104 } Elizabeth Kiepert } (Address) } 5006 Rawxhurst Court } Antioc_h. CA 94-5-09 ----- } {925} 753-5218 Telephone No. (4 si _39.8-7-86-0----) TelephoneNo. Section 72 of the penal Code provides: Every person who, with intent to defraud, presents for allowance or for payment to any state 'bard 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 eine year, by a tine of not exceeding one thousand ($1,000) , or by both such imprisonment and fine, or by imprisonment in the state. prison, by a tine of not exceeding ten thousand dollars ($10,000, or by both such imprisonment and fine. i June 4, 1999 Contra Costa County Consolidated Fire Protection.District Re: Addendum to Claim of Elizabeth and Lawrence Kiepert Against Contra Costa County Consolidated Fire Protection District and Doe I The following is an addendum to the attached claim of Lawrence and Elizabeth Kiepert against the Contra Costa County Consolidated Fire Protection District. 3. HOW DID THE DAMAGE OR INJURY OCCUR? On June 6, 1998 at approximately 5:00 p.m., Larry Kiepert was sitting in his kitchen at the family home in Antioch and his wife,Elizabeth, was in the upstairs portion of the residence. Larry's oldest son, Larry Jr., was playing basketball in the family backyard with family and friends. Suddenly, there was a loud noise comparable to an explosion and the sound of glass breaking. The noise came from the backyard of the residence. Larry and Elizabeth immediately rushed to the backyard and saw their son,Larry, lying prostrate on the basketball court. Upon reaching their son,they saw that he had suffered a grievous gunshot wound to his head and that he was bleeding profusely. After quickly assessing the situation,Larry dialed 911. He then ran back to his son and observed Elizabeth holding Larry Jr.'s hand and urging him to breathe. Larry Sr. then proceeded to the front yard to wait for medical attention. Approximately fifteen minutes later, an ambulance arrived at the front portion of the residence. A female attendant exited from the ambulance. Arriving at approximately the same time as the ambulance was a male, approximately 45 years of age, approximately six feet in height, over 200 pounds and with a moustache. This person was later identified as an employee of the Contra Costa County Fire Protection District who had responded to the emergency call. Larry waited patiently for someone to attend to his son. Seeing the condition of Larry Jr.,he knew that speed was critical if there was any chance of saving his life. To his extreme consternation, Larry observed the male Contra Costa County Fire Protection District employee act in a slow, desultory fashion. Alarmed at the passage of time and distraught at the prospect that his son might bleed to death, Larry addressed the man,pleading with him to hurry to Larry Jr.'s aide. The District employee then stopped what he was doing, looked Larry right in the eye stated in a snide fashion: "If you hadn't been playing with guns,this never would have happened." Contra Costa County Consolidated Fire Protection District June 4, 1999 Page 2 Dealing with the shock of seeing his son mortally wounded and hearing this heinous charge of being responsible for his son's death, Larry's first feeling was one of extreme outrage and an overwhelming desire to confront the man. At the same time,Larry had the presence of mind to understand that the man was probably the best chance his son had for survival. Larry suppressed his rage, said nothing in response, and watched as the District employee continued in his listless manner. Lary clearly remembers that during this critical time when his son needed immediate medical attention,the District employee persisted in his noncaring,cold attitude,exhibiting a total lack of compassion for human life. Incredibly,the District's personal and abusive attacks did not end with Larry, Elizabeth was also the target of your employee's vituperative activity. From the moment that Elizabeth saw her son was wounded, she made every effort not to leave his side. Although Larry Jr. suffered mortal injuries,he was alive and barely conscious after the shooting and before he was transported by helicopter to the hospital. Elizabeth was aware of this fact and attempted to both communicate with and comfort him. For example,when the ambulance attendants attempted to put a tube down Larry Jr.'s throat,he was able to squeeze his mother's arm to signal that he could breathe without the tube. Elizabeth held her son's hand when he was placed upon the gurney sensing his terror at being left alone even for a short moment. She pleaded with the male District employee to accompany her son as he was about to be placed into the emergency helicopter, For some reason the District employee again became upset,because as Elizabeth was in the process of making her plea not to be separated from Larry,the man said"You need to behave yourself or you won't be able to say good-bye to your son." Elizabeth felt anger and humiliation at being treated like a child who was misbehaving. However,Elizabeth maintained her composure in spite of this condescending and humiliating comment. In the following moments, Elizabeth was separated from her son and not allowed to accompany him in the helicopter that transported him to the hospital. Although our investigation is still continuing, it appears that this same male District employee made a remark to Elizabeth very similar to one made to Larry, Two independent witnesses will verify that Elizabeth was also exhorting the male District employee to hurry to Larry Jr.'s aid. These witnesses heard your male attendant address Elizabeth with the words"you should have thought about that before you let your son play with guns." The District employee apparently reconsidered his comments because he came back to the Kiepert residence later in the evening to apologize for his conduct. He wrote his brief apology on what the witnesses recall being the size of a business card. Neither Larry nor Elizabeth was home at the time. The District employee did not return to deliver his apology directly to the Kieperts. Contra Costa County Consolidated Fire Protection District June 4, 1999 Page 3 4, WHAT PARTICULAR ACT OR OMISSION ON THE PART OF THE CONTRA COSTA COUNTY CONSOLIDATED FIRE PROTECTION DISTRICT OFFICERS, SERVANTS OR EMPLOYEES CAUSED THE INJURY OR DAMAGE? In light of the above facts,the claim against the Contra Costa County Fire Protection District will include negligence, intentional infliction of emotional distress and negligent infliction of emotional distress. The particular acts were the District employee's false and reckless comments to harry and Elizabeth Kiepert. The comments included the District employee's statement to Larry Kiepert: "If you hadn't been playing with guns,this never would have happened." The comments also included the District employee's statement to Elizabeth Kiepert: "You need to behave yourself or you won't be able to say good-bye to your son"and a statement to Elizabeth to the effect that "You should have thought about that before you let your son play with guns." The District employee had no facts to suggest that the Kieperts let their sons play with loaded weapons and that they were involved in such a dangerous enterprise. Larry does not own a gun nor does his wife, Elizabeth. The family has never owned a gun and would never allow their children to play with guns. Presumably,the District employee took Larry's exhortations for him to hurry to his son's aid as a criticism. Larry believed that the District employee was trained in life- saving measures. He reasonably understood that he were there to attempt to save his son who had just been shot. The last thing he would expect was an accusation that he was responsible for his songs death. For the District employee to use Larry's extremely vulnerable emotional state to his advantage is conduct that is both extreme and outrageous,justifying the imposition of liability against the Contra Costa County Fire Protection District. The District employee's conduct towards Elizabeth is equally reprehensible. Elizabeth,knowing that her son was dying, wanted to spend every possible moment with him. The District employee threatened to refuse to allow this desire. The Kieperts rightfully assumed that those responding to emergencies were trained professionals and had been properly instructed in handling crisis situations. The relationship was such that Larry reasonably concluded the District employee was the main hope of his son surviving from the grievous wounds inflicted upon him. By savagely responding to what he took as a criticism.,the District employee grossly abused his position of authority. 6. WHAT DAMAGE OR INJURY OCCURRED? Both Larry and Elizabeth Kiepert have suffered the grief and anguish of losing their son, which has been compounded by painful memories of the insults and callousness of the District employee. Larry remembers not only the accusation,but also the entire attitude of the District employee demonstrating a total lack of compassion for human life. As his son lay dying,he observed the District employee acting in a desultory fashion with no regard as to how what he said or did would affect the parents of a child who was mortally wounded. Contra Costa County Consolidated Fire Protection District June 4, 1999 Page 4 Elizabeth has also suffered from the deplorable conduct of the District employee. Any decent human being would realize the intense emotions of shock, sorrow and grief that a mother would be experiencing under these circumstances. Most reasonable people observing the scene would understand that this might be the last time Elizabeth would see her son alive. The District employee's threat that Elizabeth would not be able to say good-bye to her son again if she did not "behave herself'is consistent with his comments to Larry demonstrating a person whose methods are to play with people's emotions,in a cruel and devastating fashion, if he is offended by their words or behavior. To this day,Elizabeth still suffers from grief, anger and humiliation when recalling the District employee's behavior. Both Larry and Elizabeth have severe pain which is separate and distinct from the anguish which they feel as a result of their son's death. Psychologists say that it is natural for parents who have lost a child to question whether they could have done anything to prevent the tragedy. Larry's experience is no different than other parents who have suffered this loss,with one exception. Although he knows that there was nothing he could have done to avoid the killing,he,unlike other parents,has had to endure the ignoble accusation of being responsible for his son's death as his son was dying. This is a charge that he will never forget. It is something that will haunt him the rest of his life. Elizabeth still feels anger and humiliation at being threatened like a child by your employee during the last critical moments when her son was still alive. The sight of her son with a horrific head wound, Larry Junior's valiant struggle to survive against almost impossible odds and holding her son in her arms as he was dying all cause her great pain. At the same time, she also feels a different type of anguish when recalling the events of June 6�' surrounding the outrageous conduct of the District employee. This man, in a patronizing and sarcastic fashion,introduced in her mind the reality that she might never see her son again alive by threatening her in the manner which he did. Elizabeth feels that the District employee deliberately introduced this terrifying thought in the grossest possible fashion,threatening her as if she were a schoolgirl,if she did not conduct herself as he thought best. Both Larry and Elizabeth will testify that the pain and anguish that they suffer from today as a result of their son's death is clearly distinguishable from the injury which they suffered by the despicable conduct of the District employee. It is one thing to know that one's son is dying, quite another to realize that the person who is supposed to be handling the emergency situation could not care less if he lives or dies. It one thing to have a serious disagreement as to the best procedure in the critical moments before a loved one's death, quite another to have to endure insults,false charges and shameful behavior as the loved one is dying. The responsibility of the Contra Costa County Consolidated Fire Protection District for the referenced claims of negligence and negligent and intentional infliction of emotional distress is based upon the theory of respondeat superior. The Contra Costa County Consolidated Fire Contra Costa County Consolidated Fire Protection District June 4, 1999 Page 5 Protection District is responsible for the intentional and negligent acts of its employee carried out in the course and scope of his employment. 7. HOW DID YOU ARRIVE AT THE AMOUNT CLAIMED? The amount claimed is over $10,000.00 and also is over the jurisdictional minimum of the superior court. The amount is premised upon a reasonable evaluation of the tortious conduct of the employee of the Contra Costa County Consolidated Fire Protection District. The amount claimed is a reasonable calculation of the damages sustained by the claimants as a result of the negligence and negligent and intentional infliction of emotional distress caused by the employee of the Contra Costa County Consolidated Fire Protection District. 8. NAMES OF WITNESSES. Lawrence Kiepert, Elizabeth Kiepert, Jim Grossmeyer, Clarissa Grossmeyer, Sunny Sweet, Karen Evans. s Stephen R. Raab On Behalf of Claimant's Lawrence and Elizabeth Kiepert CMiredept0113 3 2 3 RE: Claim By 4 LAWRENCE and ELIZABETH KIEPERT DECLARATION OF RICHARD J. LOUDERBACK IN SUPPORT OF 5 Against APPLICATION FOR LEAVE TO PRESENT LATE CLAIM [GOV. CODE 6 The Contra Costa County Fire 911.4] Protection District and Doe I . 7 8 9 10 1, RICHARD J. LOUDERBACK: 11 12 1 . 1 arcs an attorney-at-law duly licensed to practice in the 13 State of California and I am a principal of Louderback & 14 Louderback, LLP. I have personal knowledge of the facts set forth 15 in this declaration. 16 2 . Can or about June 30, 1998, Louderback and Louderback, 17 LLP was retained to represent Lawrence and Elizabeth Kiepert to 18 recover damages for the alleged wrongful death of their 13-year 19 old son, Lawrence Kiepert, II, on June 6, 1998, of a gunshot 20 wound to the head. 21 3 . On or about July 20, 1958, a complaint was filed on 22 behalf of the Kieperts against Jose Mendez, Irene Alamguer-Mendez 23 land Joshua Mendez for personal injuries and wrongful. death, 24 , Contra Costa Superior Court No. C98--03050 . A first amended 25 ; complaint was filed on September 2, 1998 . The action was settled € 26 ion or about December 11, 1998. 27 = 3 . 1 monitored the criminal trial of Joshua Mendez in Martinez, California, In Re The Matter of Joshua Mendez, No. J 28 X98-01423 . 1 attended every day of the trial, which concluded on f i 1 Kie ert Pleading 100 . II € € E 1 !August 10, 1998 . At no time during the trial did I hear any 2 Emention of any involvement by any member of the fire department 11 E 3 in the emergency response to the scene on June 6, 1998. } 4 €E :! 4 . On or about December 2, 1998, correspondence was directed i 5 Ito American Medical Response, Inc. ("AMR") , regarding alleged E 6 tortious conduct and statements made to the Kieperts on June 6, 7 ! 1998 by a male individual believed to be employed by AMR. A true : and correct copy of this letter is attached as Exhibit A. The 9 ; demand letter requested a response by December 15, 1998, and was i 10 11directed to AMR based upon the belief of my clients that the male 11 ! individual was employed by AMR. My clients did not notice any E 12City of Antioch of Contra Costa County vehicles, nor any county 13 or city fire trucks, fire vehicles or ambulances at the time of 14 the incident on June 6, 1998 . 15 5. On or about December 16, 1998, correspondence was 16 received from counsel from: AMR, stating that AMR had difficulty 17 identifying the male attendant, and indicating that further 18 information would be provided within two weeks and requesting 19 ithat my firm not contact AMR employees directly. Attached hereto 20 ' as Exhibit E is a true and correct copy of that letter. 21 6. On or about December 30, 1998, further correspondence was € 22 = received from AMR indicating that no male employee of AMR had 23 iresponded to the Kiepert residence on June 6, 1998. This letter € 24 ! further states that the AMR attendants were met at the residence 25 by a "male fire captain who had been the initial, health care 26 provider with patient contact. " A true and correct copy of that 27 , letter is attached as Exhibit C. This was my first knowledge that 28 ' the male individual possibly was not an employee of AMR. i € E € 2 EKiepert Pleading 100 s 1 7 . On January 12 , 1999, a letter was sent to counsel for 2 ! AMR, a true and correct copy of which is attached as Exhibit D. 3 In this letter, an informal interview and photographs of the AMR 4 ; attendants are requested. To date, AMR has not responded to a 5 request on February 12 of this firm for an .informal interview of 6 ;lits responding attendants or provided photographs of its H 7 responding attendants . S 8 . On or about January 13, 1999, I learned for the first E 9 Itime that the City of Antioch did not have its own fire 10 . department, but was covered by the Contra Costa Consolidated Fire 11 ! Protection District. I then had a telephone conversation with 12 Michael George at the Contra. Costa Consolidated Fire Protection 13 District. Mr. George advised me that the clerk of the County 14 Board of Supervisors should be contacted to obtain the 15 appropriate claim form. I contacted a clerk at the County Board 16 of Supervisors, who stated that she would mail me the appropriate 17 form and referred me to Stephen Weir at (925) 646-2955 . I 18 contacted Mr. Weir, who confirmed that the claim form for claims 19 against the Fire Protection District should be submitted to the 20 County Board of Supervisors . Mr. Weir also confirmed that the 21 : City of Antioch had no independent fire district and comes within 22 ; the Contra Costa Consolidated Fire Protection District. t 23 10 . From February 16 through February 19, 1999, I was on 24 iunpla.nned medical leave from the firm. I was intermittently on 25 ! medical leave from in March and April 1999. Since May 10, 1999, 26 I have been on medical leave. 27 11 . During the period June 1995 to March 1, 1999, in 28 addition to the two principals of the firm, myself and Charles Liepert Pleading 100 3 P.02 415398?863 . i 1 .`Louderback, there were two associate attorneys employed by the 2 : fi . S and fourth-year associate Carl Gardner were resident in I o the fig's San Rafael, California office and Charles Louderback 4 and first-year associate Stephen Raab are resident in the Say: { 5 irrancisco office. On March 1, 1999, an addzti.onal associate was 6 hired, resident in the San Francisco office. 7 r� 12 . During the period, January 1999 through May 1999, there 8 ranged from 13 to 16 open matters in the San Rafael office. I 9 `f Several, of these matters were extremely active and had pending 10 I trial dates, including trials scheduled in the, Merced County 11 11SUperi,or court on March 9, 1999, San f rancisco Superior Court on 12 F 3una 9, 1999 and In the United States District Court, Northern 13 ni..strict of California, on 7uly 19, 1999. 14 1 declare, under penalty of perjury under the laws of the 15 State of California, that '.',he foregoing is true and correct, and 16 ' that this declaration was executed on June 3, 1999, at Newburg, x 17 sl ret o: a 1 {i Richard 20 tt 21 22 2j 24 f c 25 ;. i 6 26 27 2 •ri,x�d.s:at. �'iCdCt�LiJ +".6G LoUDERBACK & LoUDERBACK, LLQ' ATToRNEvs 1 15 SANSOME STREET, SurrE 1200 SAN FRANCISCO, CALIFORNIA 94104 TELEPHONE (415) 398-7850 • FACSIMILE (415) :398-7858 WWW.LOUDERBACK.ORG SAN RAFAEL OFFICE COURTHOUSE SQUARE CHARLES M. LOUCERBACK 1006 FOURTH STREET.GTE.526 CLOUDERBACKOLOUC)ERBACK.ORG December y n�j SAN RAFAEL,CA 94$01 December 2, 1998 TELEPHONE(415)455.8644 FACSIMILE(415)457-25561 Mr. George DeHuff,President& CEO American Medical Response, Inc. PRIVILEGED AND CONFIDENTIAL 2821 South Parker Rd., 10`'"Floor FOR SETTLEMENT PURPOSES ONLY Aurora., CO 80014 [EVIDENCE CODE § 1152 & 11541 Re: Kiepert v. Mendez&American Medical Response,Inc. Dear Mr. DeHuff; This law firm is on the verge of commencing discovery in a major lawsuit, filed on behalf of Larry and Elizabeth Kiepert, arising out of the killing of their thirteen year old son, Lary Kiepert Jr. on June 6, 1998. Enclosed is a copy of the First Amended Complaint alleging both negligent and willful acts by the defendants, Jose Mendez, Irene Almaguer-Mendez and Joshua Mendez, resulting in the death of the Kieperts' son. As you can see, your company is not named in this complaint. Originally, we believed that your company should be prosecuted in a separate action arising out of the willful and despicable acts committed by one of your employees while in the course and scope of his employment. However,upon further analysis, it appears that your company's wrongful conduct is so closely associated with the circumstances surrounding Larry Kiepert Jr.'s death and the mental anguish suffered by his parents that your company should be prosecuted in the same action as the other defendants. Enclosed is a copy of the Second Amended Complaint for Personal Injuries and Wrongful Death naming American Medical Response in the tenth and eleventh causes of action for Intentional Infliction of Emotional Distress and Negligent Infliction of Emotional Distress. The Kiegert family had no warning of the horrifying events which would take place on June 6" resulting in the killing of their 13-year-old son, Larry Jr. The Kieperts had no warning that the medical assistance that your company provided would cause there further grief, anger and humiliation, feelings which they still acutely experience today. June 6th was a clear and warm spring day. At approximately 5:00 p.m., Larry Kiepert was sitting in his kitchen at the family home in Antioch and his wife, Elizabeth, was in the upstairs portion of the residence, while their nine year old son was taking a shower. Larry's oldest son, Larry Jr., was playing basketball in the family backyard with American Medical Response, Inc. Re: Kiepert v. Mendez& American Medical Response December 2. 1998 Page Two family and friends. Larry Sr. had built this basketball court for his son, Larry, who had shown great promise at a young age as a basketball player. The Kieperts had planned to have a barbecue later that evening. Suddenly,there was a loud noise comparable to an explosion and the sound of glass breaking. The noise came from the backyard of the residence. Larry and Elizabeth immediately rushed to the backyard and saw their son, Larry, lying prostrate on the basketball court. Upon reaching their son, they saw that he had suffered a grievous gunshot wound to his head and that he was bleeding profusely. After quickly assessing the situation, Larry dialed 911. He then ran back to his son and observed Elizabeth holding Larry.Tr.'s hand and urging him to breathe. Larry Sr. then proceeded to the front yard to wait for your company to arrive with medical attention. Approximately fifteen minutes later,your company's ambulance arrived at the front portion of the residence. A male and female attendant exited from the ambulance. Larry waited patiently for someone to attend to his son. Seeing the condition of Larry Jr., he knew that speed was critical if there was any chance of saving his life. To his extreme consternation,Larry observed one of your company's attendants, a male individual, act in a slow, desultory fashion. Alarmed at the passage of time and distraught at the prospect that his son might bleed to death, Larry addressed the male attendant,pleading with him to hurry to Larry Jr.'s aide. The attendant then stopped what he was doing, looked Larry right in the eye and made a statement that Larry will never forget. The attendant stated in a snide fashion: "If you hadn't been playing with guns,this never would have happened". Dealing with the shock of seeing his son mortally wounded and hearing this heinous charge of being responsible for his son's death, Larry's first feeling i was one of extreme outrage and an overwhelming desire to confront the attendant. At the same time, Larry had the presence of mind to understand that the attendant was probably the best chance his son had for survival. Larry suppressed his rage, said nothing in response, and watched as your attendant continued in his listless manner. Larry clearly remembers that during this critical time when his son needed immediate medical attention,your attendant persisted in his noncaring, cold attitude, exhibiting a total lack of compassion for human life. Incredibly, your attendant's personal and abusive attacks did not end with Larry. Elizabeth was also the target of your employee's vituperative activity. From the moment that Elizabeth saw her son was wounded, she made every effort not to leave his side. Although Larry Jr. suffered mortal injuries, he was alive and barely conscious after the shooting and before he was transported by helicopter to the hospital. Elizabeth was aware of this fact and attempted to both communicate with and comfort him. For example, when American Medical Response, Inc. Re: Kiepert v. Mendez&American Medical Response December 2. 1998 Page Three your attendants attempted to put a tube down Larry Jr.'s throat, he was able to squeeze his mother's arm to signal that he could breathe without the tube. Elizabeth held her son's hand when he was placed upon the gurney sensing his terror at being left alone even for a short moment. She pleaded with your male attendant to accompany her son as he was about to be placed into the emergency helicopter. For some reason your attendant again became upset,because as Elizabeth was in the process of making her plea not to be separated from Larry, your attendant said"You need to behave yourself or you won't not be able to say good-bye to your son." Elizabeth felt anger and humiliation at being treated like a child who was misbehaving. However, as with Larry's reaction to your attendant's charge, Elizabeth maintained her composure in spite of this condescending and humiliating comment. In the following moments, Elizabeth was separated from her son and not allowed to accompany him in the helicopter that transported him to the hospital. Although our investigation is still continuing, it appears that this same male attendant made a remark to Elizabeth very similar to one made to Larry. Two independent witnesses will verify that Elizabeth was also exhorting the male attendant to hurry to Larry Jr.'s aid. These witnesses heard your male attendant address Elizabeth with the words "you should have thought about that before you let your son play with guns."Your employee apparently reconsidered his comments because he came back to the Kiepert residence later in the evening to apologize for his conduct. He wrote his brief apology on what the witnesses recall being the size of a business card. Neither Larry nor Elizabeth were home at the time. Your attendant did not return to deliver his apology directly to the Kieperts. In light of the above facts,the Second Amended Complaint alleges two causes of action against American Medical Response, Inc.: 1)Intentional Infliction of Emotional Distress and 2)Negligent Infliction of Emotional Distress. We are reasonably certain that a jury will find liability under both these causes of action awarding both compensatory and punitive damages. The jury will be instructed that my clients must prove the following elements in order to prevail on the intentional infliction of emotional distress claim: 1. Outrageous conduct by the defendant; 2. The defendant`s intention of causing, or reckless disregard of the probability of causing, emotional distress; 3. Severe or extreme emotional distress suffered by the plaintiff; and American Medical Response, Inc. Re: Kiepert v. Mendez&American Medical Response December 2. 1998 Pie Four 4. Actual and proximate causation of the emotional distress by the defendants outrageous conduct(Hernandez v. General Adjustment Bureau(1988) 199 Cal. App. 3' 999, 1007). Outrageous Conduct by Defendant We are very conversant with the law in this area and acknowledge the burden of proof for intentional infliction of emotional distress is substantial. My clients must show that your company's conduct was so outrageous in character as to go beyond all possible bounds of decency and to be regarded as atrocious and utterly intolerable in a civilized community. Trerice v. Blue Cross of California(1989) 209 Cal. App. 3d 878, 883. Based upon the facts of this case, I have no doubt that we will easily meet this burden of proof One critical factor that the courts examine to establish liability is the defendant's awareness of the plaintiff's susceptibility to emotional distress. Alcorn v. Anbro Eng'r, Inc. (1970)2 Cal. 3d 493,498. Therefore,the extreme and outrageous character of the conduct may arise from the defendant's knowledge that the plaintiff is peculiarly susceptible to emotional distress at the time of the defendant's actions or statements. Golden v. Dug (1971)20 Cal. App. 3d 295, 303 fn.6. At the time of his statements to Larry Kiepert, your attendant was fully aware of his vulnerability, having been informed that Larry's son had been shot and was probably mortally wounded. Despite this knowledge and knowing that Larry Sr. was agonizing over his son's grave wounds,your attendant made his brutally sarcastic comment suggesting that Larry was responsible for his son's impending death. Your attendant's comments to Larry were both false and reckless. Your attendant had no facts to suggest that Larry let his sons play with loaded weapons and that he was involved in such a dangerous enterprise. Larry does not own a gun nor does his wife, Elizabeth. The family has never owned a gun and would never allow their children to play with guns. Presumably,your employee took Larry's exhortations for him to hurry to his son's aid as a criticism. Your attendant's purpose in making his accusation obviously was to get Larry off his back by making a comment that would shock him. This type of conduct is inexcusable. Larry believed that your employees were trained in life-saving measures. He reasonably understood that they were there to attempt to save his son who had just been shot. The last thing he would expect was an accusation that he was responsible for his son's death. For your attendant to use Larry's extremely vulnerable emotional state to his advantage is conduct that is both extreme and outrageous,justifying the imposition of liability, including compensatory and punitive damages against American Medical Response. Your attendant's conduct towards Elizabeth is equally reprehensible. Elizabeth,knowing that her son was dying,wanted to spendevery American Medical Response, Inc. Re: Riepert v. Mendez &American Medical Response December-21998 Page Five possible moment with him. Your attendant's refusal to allow this desire and his threats toward her is likely to cause a jury to award the maximum amount of damages. Intent of Causing Emotional Distress This element of intent causing emotional distress or reckless disregard of causing emotional distress will be easily proven to a jury. The kind of statement made by your employee to Larry is made for only one purpose—to cause emotional anguish to the listener. The best defense your employee has in making his accusation is lack of intent to harm;that he arrived at the Kiepert residence in the late afternoon after a full day of handling highly stressful emergencies and was in no mood for criticism relating to his lack of responsiveness. Further,he probably has been involved in many medical emergencies involving fatal gunshot wounds where parents have been irresponsible with their firearms. He would argue that he quickly reacted to an overwrought and irrational parent. This position, although your best defense,is a weak argument. It will have little, if any,persuasive effect on a jury. American Medical Response's status as a provider of emergency medical services and the relationship between the parties will result in liability for your attendant's deplorable conduct. American Medical Response makes substantial profit in holding itself out as a responsible provider of medical services. Discovery will determine if your company trains its employees to react calmly and professionally when faced with a crisis including having to deal with anxious family members whose loved ones have suffered serious or catastrophic injuries. If this is the case,American Medical Response will need to explain how one of its trained employees acted in such a inhumane and reprehensible fashion. Indeed, both Larry and Elizabeth will testify that after your male attendant made his accusation,your femaleattendant appeared shocked and gave him a look of disbelief that he would say such a thing. A long line of California cases has established that the relationship of the parties is also significant in establishing the liability of your company. Alcorn v. Anbro Eng�r. Inc. (1970)2 Cal. 3d 493, 498. The extreme and outrageous character of the conduct may arise from the defendant's abuse of its position or relationship with the plaintiff. Cross v. Bonded Adjustment Bureau(1996) 48 C.A. 4'266, 275. Hospitals,police'officers, landlords,collecting creditors, insurers, school authorities and others have all been held by California cases to a much higher standard of conduct due to their relationship with a plaintiff. Cross Y. Bonded Adjustment Bureau(1996)48 C.A. 41'266, 276; Fletcher v. Western Nat'l Life Ins. Co. (1970) 10 C.A. 3d 376, 403; Bundren v. Superior Court (1983) 145 C.A. 3d 784, 791-92. Even an employee is entitled to a greater degree of protection from insult and outrage from an employer than if he or she were a stranger. Alcorn v. Anbro En&'r_Inc. (1970)2 Cal. 3d 493, 498. American Medical Response, Inc. Re: Kiepert v. Mendez&American Medical Response December 2. 1998 Paye Sig The relationship between your company and my clients is very similar to the relationship between hospital and patient and certainly more close than the relationship between an insurer,police officer or collection agency. My clients rightfully assumed that the American Medical Response's employees were trained professionals with advanced knowledge in the field of emergency medicine and had been properly instructed in handling crisis situations. Certainly, Larry understood that your attendant's knowledge was far superior to his knowledge. The relationship was such that Larry reasonably concluded your employees were the only hope of his son surviving from the grievous wounds inflicted upon him. By savagely responding to what he took as a criticism, your attendant grossly abused his position of authority. Severe Emotional Distress Suffered by the Kieperts and Caused by Your Conduct The law requires that for the Kieperts to recover on the cause of action for intentional infliction of emotional distress, the emotional distress suffered by them must be severe. Schild_v._Rubin(1991) 232 C.A. 3d 755, 762-763. The jury will be instructed that emotional distress involves highly unpleasant emotions including fright, horror, grief, shame,humiliation, embarrassment, anger, chagrin, disappointment, and worry. Golden v. Dungan (1971)20 C.A.3d 295, 311. Neither physical injury nor monetary loss is required for a recovery of compensatory and punitive damages when a person suffers severe emotional distress. Grimes v. Carter(1966)241 C.A.2d 694, 699, Leavy v. Cooney(1963)214 C.A.2d 496, 502. It has been said that a parent's greatest grief is to outlive his or her children. The K.iepert's not only have this pain but also the pain of actually witnessing their son's horrible death. The Kieperts live with this insurmountable pain every day. The nightmare haunts them constantly. However, in reflecting on this pain, Larry says that one of the most painful memories that lingers today is the accusation that he was responsible for his own son's death moments after seeing his son lie dying before him. Both Larry and Elizabeth Kiepert have suffered emotional anguish far beyond what is required by law to recover damages. The grief and anguish of losing his son has been compounded by painful memories of the insults and callousness of your employee. Larry remembers not only the accusation, but also the entire attitude of your attendant demonstrating a total lack of compassion for human life. As his son lay dying, he observed your employee acting in a desultory fashion with no regard as to how what he said or did would affect the parents of a child who was mortally wounded. American Medical Response, Inc. Re: Kiepert v. Mendez&American Medical Response December 2. 1998 Page Seven Elizabeth has also suffered from the deplorable conduct of your attendant. From a medical emergency standpoint, your attendant probably thought that Elizabeth was making his job more difficult. On the other hand, any decent human being would realize the intense emotions of shock, sorrow and grief that a mother would be experiencing under these circumstances. Although her constant presence at the ambulance and helicopter may have been bothersome to your medical personnel, most reasonable people observing the scene would understand that this might be the last time Elizabeth would see her son alive. Your attendant's threat that Elizabeth would not be able to say good-bye to her son again if she did not"behave herself'is consistent with his comments to Larry demonstrating a person whose methods are to play with people's emotions, in a cruel and devastating fashion, if he is offended by their words or behavior. To this day, Elizabeth still suffers from grief, anger and humiliation when recalling your attendant's behavior. The only possible defense available to American Medical Response is that it would be too difficult for a jury to award damages because it cannot distinguish between the pain of a son's death and the pain of being humiliated by your employee. In response to this argument, a jury will hear the following points which accurately describe the Kiepert's feelings. Both Larry and Elizabeth have severe pain which is separate and distinct from the anguish which they feel as a result of their son's death. Psychologists say that it is natural for parents who have lost a child to question whether they could have done anything to prevent the tragedy. Larry's experience is no different than other parents who have suffered this loss,with one exception. Although he knows that there was nothing he could have done to avoid the killing, he, unlike other parents, has had to endure the ignoble accusation of being responsible for his son's death as his son was dying. This is a charge that he will never forget. It is something that will haunt him the rest of his life. Elizabeth still feels anger and humiliation at being threatened like a child by your employee during the last critical moments when her son was still alive. The sight of her son with a horrific head wound, Larry Junior's valiant struggle to survive against almost impossible odds and holding her son in her arms as he was dying all cause her great pain. At the same time, she also feels a different type of anguish when recalling the events of June 6"`surrounding the outrageous conduct of your attendant. Your attendant, in a patronizing and sarcastic fashion, introduced in her mind the reality that she might never see her son again alive by threatening her in the manner which he did. Elizabeth feels that your attendant deliberately introduced this terrifying thought in the grossestpossible fashion,threatening her as if she were a schoolgirl, if she did not conduct herself as he thought best. American Medical Response, Inc. Re: Kiepert v. Mendez&American Medical Response December 2. 1998 Page Ei hhtt Both Larry and Elizabeth will testify that the pain and anguish that they suffer from today as a result of their son's death is clearly distinguishable from the injury which they suffered by the despicable conduct of your employee. It is one thing to know that one's son is dying, quite another to realize that the person who is supposed to be administering medical attention could not care less if he lives or dies. It one thing to have a serious disagreement as to the best procedure in the critical moments before a loved one's death, quite another to have to endure insults, false charges and shameful behavior as the loved one is dying. 'unitive Damages The law as to punitive damages favors the defendant. Not only does the plaintiff have a more difficult burden of proof, clear and convincing evidence as opposed to a preponderance of the evidence,but the elements of malice, fraud and oppression have strict definitional requirements. Nevertheless, this is a case which cries out for both punishment and deterrence, the two underpinnings for the imposition of punitive damages against a malicious defendant. Civil Code section 3294 provides: In an action for the breach of an obligation not arising from contract,where it is proven by clear and convincing evidence that the defendant has been guilty of oppression, fraud,or malice, the plaintiff, in addition to the actual damages,may recover damages for the sake of example and by way of punishing the defendant. (Civil Code of Civil Procedure § 3294(a)) "Oppression" for which punitive damages may be awarded, means subjecting a person to cruel and unjust hardship in conscious disregard of his rights RichardsonV. Employers Liability Insurance Corta.(1972) 25 Cal. App. P232. In order to establish"conscious disregard" and the malice necessary for an award of exemplary damages,plaintiff must show that the defendant was aware of the probable dangerous consequences of his conduct and that he willfully and deliberately=failed to avoid those consequences. Hosh v. Allied-Signal, Inc.(1994)24 Cal.App. 4th 48. The type of statement by your attendant to Larry Sr. is made for only one purpose--to cause emotional anguish to the listener to so shock that person that any criticism or second guessing will immediately cease. Your attendant's statement had its intended effect. After initially pleading with your attendant to hurry to his son's aid, ]Larry withdrew in disbelief and anger after hearing your employee's charge. American Medical Response, Inc. Re: Kiepert v. Mendez &z American Medical Response December 2. 1998 Page Nine Accusing a father of being responsible for his son's death as the child is fighting for his life is a despicable, irresponsible and cowardly act. Your attendant had no basis for making this false and reckless charge. It is the type of conduct which punitive damages was designed to punish. It is the type of conduct which should be deterred by these damages. So too, telling a mother that she may not ever be able to say her final good-bye to her mortally wounded son unless she"behaves herself'is a grossly malicious act by the standards of any civilized society. The fact that your attendant sent a short half-hearted written apology to the Kiepert's several days after the shooting in no way diminishes his malicious acts. The amount of punitive damages that the Kiepert's will receive is unpredictable. The size of the defendant's net worth often dictates the sum necessary to punish the defendant and deter its employees from acting in a similar fashion in the future. The degree of malice will also be a factor in the jury's decision. However,putting aside the amount of punitive damages, there is no doubt that they will be awarded to my clients. Comparing this case to other punitive damages cases that I have tried illustrates this point. In one case venued in Santa Clara County, my clients alleged breach of a marketing contract and fraud arising out of the failure of a high tech Silicon Malley company,named Xebec, to pay on a$135,000 contract. We proved to a jury that breach of the contract caused my clients to close their business. After a month long trial,this Superior Court jury awarded my clients contract damages of$135,000 and$2.5 million in punitive damages. In another punitive damages case which generated a great deal of publicity against Dow Corning Corporation,my client alleged that Dow Corning placed an unsafe, untested product onto the market. We proved that Dow's silicone breast implant,which was surgically implanted into her breast, caused her health to become severely compromised. After a 7 week trial in Federal Court in San Francisco with the Honorable Thelton Henderson presiding, the jury awarded my client$840,000 in compensatory damages and$6.5 million in punitive damages. Comparing the above cases to the facts of this case, I believe that accusing a father of being responsible for his son's mortal injuries as his son is dying is as bad, if not worse, than destroying a person's company or comprising an individual's health. The evidence of malice required for the imposition of punitive damages is present in all of these cases. The chances of obtaining punitive damages become a certainty,when one considers that the person who made this reprehensible and inexcusable accusation to the American Medical Response, Inc. Re: Kiepert v. Mendez&American Medical Response December 2. 1998 ?Page Ten dying boy's father is the same person who later threatened the boy's mother that she might never see her son again alive if she did not behave herself. Conclusion The killing of Larry Jr. on June 6ch and the circumstances surrounding his death has been a long,painful road for my clients. This nightmare is still haunting them. The highly publicized nature of the criminal case has resulted in a dramatic and continued invasion of thein privacy. Larry and Elizabeth have had to endure countless,highly intrusive questions from the media regarding their personal lives, their most private thoughts and the minute details of Larry's death. They are mentally and emotionally exhausted from this ordeal. They do not wish to be subjected to the same type of publicity that is sure to occur in the civil action for the wrongful death of their son. In light of these considerations, the Kieperts are willing to settle this case for a sum of$150,000. This sum is far less than a jury is likely to award the Kieperts especially considering the punitive damages aspects of this case. My clients are willing to accept this reduced amount in settlement because they wish to move on with their lives and put these horrible events behind them. At the same time, it would be a serious miscalculation to assume that the horrible ordeal the Kieperts have endured will impede their resolve to receive fair treatment from your company. They are outraged and appalled at the abusive conduct of your employee. It continues to be a constant source of anger and grief for there. If forced to do so, they will once again undergo the continued suffering that this type of litigation will inevitably bring if they cannot settle their case with American:Medical Response for the fair and reasonable sure of$150,000. This offer will remain open until Friday, December 18th at 5:00 p.m. If a check in that amount is not delivered to my offices on or before this time,the Kieperts will file the enclosed Second Amended Complaint adding American Medical Response as a co- defendant with the Mendezes. Very truly yours, Charles M. Louderback I 2J42198Kieperti 41 LAW OFFICES OF BELL, `ARIA & B ELL A PROFESSIONAL CORPORATION 43213 MISSION BOULEVARD BRUCE M.BELL FREMONT,CALIFORNIA 94539-5888 NE(510)651-7000 JOSEPH R.FAARIA CE LE(510)651-7517 TAYLOR McADAA1$ELL BARBARA J.BELL EQI� i+•�` ' ROBIN J.TANABE p M.ANGIE DAUM U E/t V 1 8 1998 December 16, 1998 PRIVI1UGED AND CONMENTUL OFFER,TO COMPROMISE Charles M. Louderback Via Facsimile and Regular Mail LOUDERBACK &LOUDERBACK, LLP (415) 398-7863 115 Sansome Street, Suite 1200 San Francisco, CA 94104 Re: Kiel&r1 v Mendez& American Medical Response Dear Mr. Louderba.ck: I aryl in possession of your demand of December 2, 1998. Your letter has been directed to my attention in a prompt fashion. In the unfortunate event that this matter is to be litigated, this firm will be representing American Medical Response. I can assure you that both our office and our client American Medical Response is taking the accusations contained in your letter very seriously. My client has begun, at my express direction and control, an investigation of the allegations contained in your letter. I expect to have the fruits of this investigation in hand shortly. I am given to understand that one of the crew members we believe was on this call is presently on vacation and unavailable until the end of next week. Further we are having some difficulty identifying the male attendant to whom you ascribe the conduct in issue. 'mould you please provide a detailed physical description of said attendant so that we may ensure that we are interviewing the appropriate person. In addition, would you please provide the undersigned with either a copy of the business card in question or a recitation of the writing thereon[both sides]. We would like to be able to confront our medic with this writing at the time of his interview. EXHIBIT- ,' ' Charles M. Louderback December 16, 1998 Page 2 of 3 The accusations contained in your letter are very serious. Because of the extreme harm to my client which public attention to your accusations would bring,we would ask that you await taking further action in this matter until such time as we have had an opportunity to fully investigate the contents of your letter. I will make a representation to you that we will factually respond to the accusations contained in your letter within two weeks of the deadline you had originally posed for the matter. At that time,my client will be in a better position to respond to your settlement demand. Please do not contact any client or its employees directly. Please direct all further inquiry to the undersigned. Thank you for your cooperation in this matter. Very truly yours, BELL, FARIA&BELL A Professional jCorporation e 16/Fr c Bell RJT1.jKh LAW OFFICES OF BELL, FAwA BELL A PROFESSIONAL CORPORATION 43213 MISSION BOULEVARD BRUCE M.BELL FREMONT,CALIFORNIA 945395888 TELEPHONE(510)651.7030 JOSEPH,R.FARIA FACSIMILE(5 10)65147517 TAYLOR McADAM, BELL BARBARA J.BELL ROBIN J.TANABE M.ANGELA DAUM December 30, 1995 Charles M. Louderback Via Facsimile and Regular Mail Lt3UDERBACK&LOUDERBACK., LLP (415)395-7563 115 Sansome Street, Suite 1240 San Francisco, CA 94104 Re: Kie,2gds.Mendez&Amerman M&djoj_&aponse Dear Mr. Louderback: As promised, my client has completed its initial investigation of the claims raised in your December 2, 1995 letter to George DeHuff. I appreciate your agreement to avoid filing a complaint against my client during their two weep investigation. I also appreciate your communication to me of the description of the "medic"who voiced the offending comments your clients allege. To confirm your communicationto rile,the "medic" was approximately 45 years of age,male, 60"in height,over 200#in weight and wore a moustache. I promptly relayed this information to my client to assist them in their investigation. AMR has been able to determine by its records [and confirmed by interview] that the two crew members who responded to the scene were as follows: Sunny Sweet Karen Evans Female Female Age 21 Age 3E Neither of the aforementioned female employees wears a moustache. I have attached hereto a copy of the Patient Care Report for this call. Please note that at the bottom,the crew members are identified ["Sweet"and."Evans"]. If you will provide me with an appropriate release for medical information pursuant to CC § 56.10 et seq I will provide you with a copy of the iPCR which has not been redacted. Finally,I am informed that both Sweet and Evans recall that they were met at the residence by a male fire captain who had been the initial health care provider with patient contact. EXHIBIT-- .. Charles M. Louderback December 30, 1998 Page 2 of 2 As it is apparent that the speaker identified in your letter was not an employee of AMR, we would like to suggest that you refrain from taking any steps which would, with certainty, inflict grievous harm to the reputation and business standing of AMR. Public perception of AM-IR is of critical importance to this provider of public health care. This case is already the subject of significant public interest. Your client's accusations against AMR.would certainly gain significant public attention. Should you wish to depose the AMR employees as percipient witnesses to this matter,please contact the undersigned. We will make every effort to produce them cooperatively. In addition, I will inquire of each employee whether they are willing to voluntarily produce a photograph of themselves to confirm their sex and general description. Very truly yours, BELL,FARIA&BELL A Professional Corporation By. or McA Bell LOUDERBACK & LOUDERBACK, LLP ATTORNEYS 115 SANSOME STREET, SUITE 1200 SAN FRANCISCO, CALIFORNIA 94104 TELEPHONE (415) 5$8-7860 • FACSIMILE (415) 398-7863 WWW.LOUDERRACK.ORG SAN RAF'AEL OFFICE COURTHOUSE SQUARE CHARLES M. LOUDERBACK 1000 FOURTH STREET,ST€.520 CLOUDER®ACKOL'J'UDERSACK.ORd SAN RAF'AEL,CA 94901 January 12, 1999 TELEPHONE(415)455-6044 FACSIMILE(415) Mr. Taylor McAdam Bell Bell,Faria.& Bell 43213 Mission Boulevard Fremont,CA 94539-5888 Re: Kiepert v. Mendez&American Medical Response Dear Mr. Bell: I received you letter of December 30, 1998. I am in the process of obtaining the appropriate release for medical information as suggested in your letter. In'addition, while I appreciate your offer to depose the AMR employees as percipient witnesses to this matter, I would prefer to interview them informally. This interview would take place in your presence if you believe this is necessary. Finally, I would like to obtain a photograph of the two AMR employees who responded to the emergency involving my client. I understand that you are in the process of inquiring whether or not these employees would be willing to voluntarily produce such photographs. I look forward to your response. Very truly yours, Charles M. Louderback 0111 Z%Kieperf 105 1 2 3 RE: Claim By 4 : LAWRENCE and ELIZABETH KIEPERT DECLARATION OF CHARLES M. LOUDERBACK IN SUPPORT OF 5 ' Against APPLICATION FOR LEAVE TO PRESENT LATE CLAIM [GOV. CODE 6 IThe Contra Costa County Fire 1911 .41 ', Protection District and Doe I . 7 E i 10 I, CHARLES M. LOUDERBACK, DECLARE: 11 3 1. 1 am an attorney-at-law licensed to practice in the State 12 of California since December of 1995 and I am a principal of 13 ' Louderback & Louderback, LLP, attorneys for claimants Lawrence 14 land Elizabeth Kiepert. I know the following facts of my own 15 knowledge and if called as a witness would testify thereto. As 16 to matters alleged on information and belief, I am informed and 17 believe them to be true. 18 2 . On or about June 30, 1998, Louderback and Louderback, 19 20 LLP was retained to represent Lawrence and Elizabeth Kiepert to 21 recover damages for the alleged wrongful death of their 13-gear 22 1 old son, Lawrence Kiepert, 11, on June 6, 1998, of a gunshot wound to the head. 23 3 . The initial focus of our representation was to resolve 24 ' ! the Kieperts' claims against the Mendez family. On or about July 25 120, 1998, a complaint was filed on behalf of the Kieperts against 26 ; Jose Mendez., Irene A.lamguer-Mendez and Joshua Mendez for personal 27 : '; injuries and wrongful death, Contra Costa Superior Court No. C98- 28 03090 . A first amended complaint was filed on September 2, 1998. Kiepert Pleading 107 ,. y 1 The action was settled on or about December 11, 1998 . 2 ; E 3 . After extensive analysis and legal research, on or about 3 €December 2, 1998, a 10-page demand letter was transmitted on 4 !behalf of the Kieperts to American Medical Response, Inc. 5 P—AMR") , regarding alleged tortious conduct and statements made 6 ' to the Kieperts on June 6, 1998 by a male individual believed to 7 ! be employed by AMR. The demand letter requested a response by 8 ; December 16, 1998 and was directed to AMR based upon the belief 9 Eof the Kieperts that the male individual was employed by AMR. A 10 ; true and correct copy of that letter is attached as Exhibit A to 11 ; the Declaration of Richard J. Louderback, filed herewith. 12 4 . The first response received from AMR to the December 2, 13 I1998 demand letter was a letter transmitted from counsel for AMR 14 by facsimile at 5: 39 p.m. on December 16, 1998 . The letter stated 15 ; that AMR had difficulty identifying the male attendant, and 16 Irequested that this firm not contact any AMR employees directly E 17 in order to obtain information. The letter further indicated 18 that an investigation would be undertaken and additional 19 information would be provided within two weeks . A true and 20 correct copy of that letter is attached as Exhibit B to the 21 Declaration of Richard J. Louderback, filed herewith. 22 6 . On or about December 30, 1998, further correspondence was 23 received from AMR indicating that no male employee of AMR had € 24 responded to the Kiepert residence on June 6, 1998 . This letter 3 e 25 further :Mates that the AMR attendants were met at the residence 26 by a "male fire captain who had been the initial health care 27 !provider with patient contact. " A true and correct copy of that 28 Metter is attached as Exhibit C to the Declaration of Richard I 2 Kiepert Pleading 107 1 Louderback, filed herewith. This was my first knowledge that the 2 imale individual possibly was not an employee of AMR. 3 7 . On January 12, 1999, I sent a letter was sent to counsel 4 ! for AMR, a true and correct copy of which is attached as Exhibit I 5 !' D to the Declaration of Richard J. Louderback, filed herewith. 6 ! In this letter, I requested an informal interview and photographs E 7 ! of the AMR attendants that responded to the Kiepert residence on 8 : June 6, 1993 . I did not receive any response from AMR to this 9 ! letter. In February 1999, I left a voicemail message for Taylor 10 McAdam Bell, counsel for AMR, again requesting that I be allowed 11 to informally interview the AMR attendants in his presence and E i 12 for photographs of the attendants . To date, AMR has not 13 responded to my requests, and I have been unable to interview the 14 attendants . 1s 8 . As I had been stymied in my attempts to obtain E 16 information from AMR, I attempted to confirm from potential 17 witnesses the identity and affiliation of the male individual. 19 In or about late March and early April 1999, I had two extended 19 and detailed telephone conversations with Claude Linda, the aunt 20 lof the deceased, regarding what she recalled. Ms . Linda was only 21 ' able to tell me that she believed that the finale individual had a 22 ; uniform. Approximately two weeks ago, I contacted the Keiperts' 23 ! neighbors who were present at the scene, and after our detailed. 24 Ediscussion, they also were unable to identify the male 25 f; individual . I also have had two or three extensive discussions 26 with the Kieperts. No one whom I have contacted has been able to E E 27verify the identity or affiliation of the male individual . 28 E E i i e 3 E Kiepert Pleading 107 06/04i99 10:57 :01/01 Jun, 03 99 O ;S p declare, unr penalty of p*rjury tmdar the laws of the Ste f 2 of California, that the forogoi g is true and corroct, and i s a 'this declaration was executed on June 4, 1999. S arlos N. Lou rbaak 0 it i i d m7 ��yy a 17 1k 20 21 2 x r 2 4 23 g 6 7 9 i ! i � i C } 1 1 2 3 ERE: Claim By 4 ' LAWRENCE and ELIZABETH KIEPERT DECLARATION OF STEPHEN R. RAAB IN SUPPORT OF APPLICATION FOR 5 Against LEAVE TO PRESENT LATE CLAIM [GOV. CODE x '911 .41 6 The Contra Costa County Fire i Protection District and Doe I . 7 1 i 9 10 I, STEPHEN R. RAAB, DECLARE: 11 i 1 , 2 am an attorney-at-law licensed to practice in the Stats 12 of California since December of 1995 and I am ars associate at the 13 ILouderback & Louderback, LLP, attorneys for claimants Lawrence 14 ''• and Elizabeth Kiepert. I have personal knowledge of the facts 15 set forth in this declaration. 16 2 . On February 9, 1999 I began to assist in the preparation 17 of the late claim, for claimants Lawrence and Elizabeth Kiepert ! 18 for their claim against the Contra Costa County Fire Protection 19 :iDistrict. I had not worked on this file prior to February 9, 20 1: 1999. I reviewed the case file and began to research the legal. 21 standards for filing a late claim and filing a companion claim to 22 satisfy the requirements of the Government Tort Claims Act, 23 including the procedures required for a lata claim and a claim 24 under the Government Tort Claims Act. I called ray firm' s San � 25 Rafael office and requested additional information I needed in 26 order to further prepare the claim, including a memorandum 27 pertaining to the public entity potentially subject to the claim. E 28 3 . On February 9, 1999 and February 10, 1999 I made several Lepert Pleading 102 I telephone calls to the Contra Costa County Board of Supervisors 2 office and the County Clerk' s office and prepared a letter 3 requesting the Roster of Public Agencies Filing for Contra Costa 4 County Fire Protection District. 5 1 4. on February 24, 1999, 1 reviewed the Roster of Public 6 Agencies Filing received from the Contra Costa County Fire 7 lProtection District and continued my preparation of the late 8 1 claim. During the course of my research, I specifically recall 9 lusing references that included Continuing Education of the Bar - 10 Kalifornia, California Government Tort LiabilitX Practice (3d ed. 11 lFeb. 1998 update) , as well as West' s Annotated California 12 Government Codes . 13 5. Part of my responsibility in preparing the late claim was 14 Ito determine the timing for filing an application with the Contra is lCosta County Fire Protection District and to calendar the 16 !deadlines for the late claim. 17 6. During my research of the late claim procedure and the 18 Government Tort Claims Act, I mistakenly determined that a late 19 claim could be filed at any time up until one year after the 20 jaccrual of the cause of action. While the one-year deadline is 21 the maximum time a late claim could be filed, I failed to account 22 for the reasonableness standard for a late claim. I confused the 23 Riming requirements for a claim under the Tort Claims Act with 24 Ithe timing requirements for a claim under the late claim statute. 25 7 . Because the accrual date for the claims of the Kieperts 26 11was June 6, 1998, 1 determined that the matter could be submitted 27 to the Contra Costa County Fire Protection District at any time 28 1prior to June 6, 1999 . Accordingly, I mistakenly calendared the 4l2 Kiepert Pleading 102 i 1 Kiepert late claim as due on or before June 6, 1999. 2 S . In reliance upon my belief that the late claim was not 3 due until June 6, 1999, I proceeded to work on ether matters with 4 an earlier due date, in anticipation of resuming the completion 5 of the Kiepert late claim closer to the date that I had 6 calendared. Not until I resumed working on the late claim on May 7 E28, 1999 did I discover that a late claim must be brought within 8 a reasonable amount of time. 9 9. During the period June 1998 to March 1, 1999, in addition 10 to myself and two principals of the firm, Richard Louderback and 11 Charles Louderback, there was one associate attorney employed by .s 12 ! the firm. Richard Louderback and fourth-year associate Carl 13 Gardner were resident in the firm' s San Rafael, California office 14 and Charles Louderback and myself were resident in the San i E 15 E. Francisco office. On March 1, 1999, an additional associate was 16 Ehired, resident in the San Francisco office. 17 10. During the period January 1999 through May 1999, there 1S were between 13 to 18 open matters in the San Francisco office. 1.9 o Several. of these matters were extremely acture and had pending 20 .trial dates, including trials scheduled in the Alameda County 21 Superior on February 5, 1999 and in the Santa Clara County 22 Superior Court on April. 22, 1999. In the Alameda County case, 23 this firm represented the defendants in complexlitigation in 24 swhich violations of over Gil environmental, health and safety E 25 lstatutes and regulations were alleged and many thousands of 26 documents were to be submitted as exhibits at trial. Potential 27 damages were alleged for multi.-millions of dollars . That case 28 was not resolved until private mediation on May 24, 1999. 3 Kiepert Pleading 102 1 Additionally,, another active case involved my firm making an 2 ! application for a temporary restraining order on March 13, 1999. 3 11 . 1 spent most of my time in January through February of 4 1999 preparing for the trials in Alameda County and Santa Clara 5 County. In late February and early March, I -spent most of my 6 1time working on the application for a temporary restraining order 7 land handling a voluminous document production in another case 8 pending in the Santa Clara County Superior Court. Moreover, on 9 February 19, 1999, the San Francisco office changed its location, 10 # and business was disrupted for several days. 11 12 . At the time I performed the research for the late claim 12 procedures and the Government Tort Claims Act, I had less than 13 11eight months of experience in private civil practice. I had not 14 prepared a late claim before and I had not prepared a claim under 15 Ithe Government Tort Claims Act. Therefore, the procedures were 16 Inew to me and I failed to comprehend the timing differences 17 between a late claim and a timely claim under the Government Tort 18 Claims Act. 19 1 declare, under penalty of perjury under the laws of the 20 1I.State of California, that the foregoing is true and correct, and 21 Ithat this declaration was executed on June 4, 1999, in the City 22 land County of San Francisco. 23 25 j Stephen R. Raab 26 27 28 4 Kiepert Pleading 102