HomeMy WebLinkAboutMINUTES - 06062000 - C24-C25 CLAIM
BOARD QE S MERMORS OF CONTRA MSTA ['Y►iTNTV. CALIFORNIA
0ARD ACTIQbt JUNE 61 2000
Claim Against the County, or district Governed by )
the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT
W Board Action. All Section references we to ) The copy of this document mailed to you is your
California Goverment Codes. 1—T,%7TP0 notice of the action taken on your claim by the
Board of Supervisors. (Paragraph IV belov4, given
rr pursuant to Government Code Section 913 and
yY� 815.4. Please rote all "Warnings".
AMOUNT: $5,000,000.00; medical bills ci 00.00;
wage loss of undetermined amount
CLAIMANT: Tiara Bell, a minor
ATTORNEY: c/o Robert G. Schock DATE RECEIVED: April 28, 2000
Law Office of Robert G. Schock
ADDRESS: 1970 Braodway, Ste. 1200 BY DELIVERY TO CLERIC ON: April 28, 2000
Oakland CA 94612
BY MAIL POSTMARKED: TRANSMITTAL
L IFRONE Clerk of the Board of Supervisors M. County Counsel
Attached is a copy of the above-noted claim.
PHIL BATCHELOR, Clerk
Dated: April 28, 2000 By: Deputy
II. (FROM County Counsel TO. Clerk of the Board of Supervisors
( This claicomplies sdbstantially 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 wa,-aing of
claimant's right to apply for leave to present a late claim (Section 911.3).
Dated:_ By: Deputy County Counsel
M. PROM Clerk of the Board M County Counsel (l) County Administrator (2)
( ) Claim was returned as untimely with notice to claimant (Section 911.3).
IV. BOARD ORDEM 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: PAIL BATCHELOR, Clerk, By L4 G`w 4 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 Seciion 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 NLA JNG
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 CIaimant, addressed to the claimant as shown above.
Dated: 2&ZO By: PHIL BATCHELOR By Deputy Clerk
CC: County Counsel County Administrator
SHARON HYMES-OF1=0PD
CLAIM APR Z 6 2000
TO: The County of Contra Costa
(Consolidated Fire District)
2530 Arnold Drive, Suite 140
Martinez, CA 94553
Attn: Sharon Offord
Claimant: Tiara Bell (a minor)
Claimant's 314 Snowflake Way � �
Address: Pittsburg, CA 94565
L Z9
Send Notices To: Robert G. Schock: P"
Law Office of Robert G. Schock o�suPEsv�sops
1970 Broadway, Suite 1200 e � o°r �AcosAco
Oakland, CA 94612
Date of Injury: On or about October 25, 1999 and thereafter.
Place: 333 Yosemite Drive, Pittsburg, CA.
Parties Causing Employees, agents and others of the Pittsburg Fire Department
Damage: Severe and disabling personal injuries, including brain damage.
Circumstances: Claimant, TIARA BELL was a student at Hillview Junior Highschool,
now a part of the Pittsburg Unified School District. She suffered
respiratory distress while running in a physical education class. As
a result of the negligence and carelessness of the department em-
ployees, agents, and others, claimant suffered severe and serious
injuries and damages. That all of the aforementioned conduct was
a legal cause of the injuries and damages suffered by claimant.
Amount claimed: Five million dollars ($5,000,000); medical bills of one hundred thou-
sand dollars ($100,000); wage loss of undetermined amount.
DATED: April 26 , 2000.
ROBERT G. SCHOCK
Attorney for Claimant TIARA BELL
� -�
17
PROOF OF SERVICE BY MAIL - 1013a, CCP§2015.5
1 am a Citizen of the United States and employed in the City and County of
Alameda, California. I am over the age of eighteen years and not a party to the
above-entitled action; my business address is 1970 Broadway, Suite 715, Oakland,
California 94612. 1 am readily familiar with my firm's practices for collection and pro-
cessing of correspondence for mailing.Under that practice, in the ordinary course of
business, mail would be deposited with the U. S. Postal Service on that same day with
postage thereon fully prepaid. 1 am aware that on motion of the party served, service is
presumed invalid if postal cancellation date or postage meter date is more than one day
after the date of deposit for mailing in affidavit.
On April 25, 2000 1 served the within
CLAIM
on the parties in said action by placing a true copy thereof enclosed in a sealed enve-
lope with postage thereon fully prepaid, at my business address for collection and de-
posit that same day in the United States Postal Service following ordinary business
practices, addressed as follows:
THE COUNTY OF CONTRA COSTA
(CONSOLIDATED FIRE DEPARTMENT)
2530 Arnold Drive, Suite 140
Martinez, CA 94553
Attn: Sharon Offord
I declare under penalty of perjury under the laws of the State of California
that the foregoing is true and correct.
Executed at Oakland, California on April 25, 2000
Wendy He derson
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BOARD OF SUPERVISORS OF CONTRA COSTA COUP~ o CALTFOR( IA
—BOARD AGT10JUNE 6, 2000
Claim Against the County, or District Governed by 1
the Board of Supervisors, Routing Endorsements, ► NOTICE TO CLAIMANT
'nd Board Action. All Section references are to f The copy of this document mailed to you is your
California Government Codes. l notice of the action taken on your claim by the
Board of Supervisors. (Paragraph IV below), given
pursuant to Government Code Section 913 and
.Warnings".
<a
AMOUNT: Exceeds Jurisdiction of the Superior Court
MAY
CLAIMANrr: John Brosnan COUNTY COUNSEL
MARTINEZ.UAUF,
ATTORNEY: c/o 'Phomas N. Stewart, III DATE RECEpED: May 9, 2000
Attorney at Law
ADDRESS: 369 Blue Oak Lane, 2nd Floor BY DELIYERY TO CLERK, ON: May 9, 2000
Clayton CA 94517
BY MAIL POSTMARKED: May 8, 2000
L FROM Clerk of the Board of Supervisors M County Counsel
Attached is a copy of the above-noted claim.
May 9 2000 PHIL BA HELOR, Cle
Dated: Y , By: Deputy Lti^✓ •
IL FRONL County Counsel TO: Clerk of the Board of Supervisors
( vj" his 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. file 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: - ` �('-Z90 By: - ' Deputy County Counsel
III. FROM Clerk of the Board TO. County Counsel (1) County Administrator (2)
( ) Claim was returned as untimely with notice to claimant (Section 911.3).
IVr BOARD ORDEX- 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�' —7,1-0 PML 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.
AFFIDAM OF MAE ING
I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United
States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully
prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above.
Dated: _ By: PHIL BATCHELOR By Deputy Clerk
CC: County Counsel County Administrator
Claim of John Brosnan CLAIM FOR PERSONAL INJURIES,
INJUNCTION AND ATTORNEY m
V. pp
Contra Costa County MAY 9 2000
/ C 5
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To the Clerk of the Board of Supervisors of Contra Costa County: "' a
You are hereby notified that John Brosnan,who may be reached through his/her
attorney at the address stated below,claims damages from Contra Costa County in an unknown
amount which exceeds the limited jurisdiction of the Superior Court.
This claim is based on personal injuries sustained by claimant on March 27, 2000 and
continuing at the County Recorder's Office in Martinez, California. At that time, claimant,
who was researching title at the time, inadvertently came into contact with a dangerously
exposed electrical wire at a wall electrical outlet, causing electricity to surge throughout his
body, itself causing damage, and further causing Claimant to fall and strike his head on a desk,
which caused further damage.
Claimant's damages consist of disability in right arm,blurred vision, chronic headache,
back and neck pain, groin injuries resulting in sexual dysfunction,the loss of 6 compact disks
which were the only repositories of valuable data, loss of wages and medical expenses.
All notices or other communications regarding this claim are to be sent to claimant's
attorney as follows:
Thomas N. Stewart, III
Attorney at Law
369 Blue Oak Lane, 2"d Floor
Clayton, CA 94517
Telephone: (925) 672-8452
Fax: (925) 673-1729
Date:
4.
Thomas N. Stewart, tto eii y
for Claimant
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CLAIM
BOARD OF SUPERVISORS OF' CONTRA COSTAQD_12i'. CAL EFORNiA
BEARD A00htJUNE 6, 2000
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 Goverrrrent Codes. 1 notice of the action taken on your claim by the
Board of Supervisors. (Paragraph IV below), given
915.4. tPleasevrnmenote � Sectiong913 �d
AMOUNT: $170.00
CLAIMANT: Alexander Dominguez3 �-
9diKi°�
ATTORNEY: DATE RECEIVED: May 1, 2000
ADDRESS: 2797 Entrada Circle BY DELIVERY TO CLERK ON: May 1, 2000_ --
Antioch CA 94509
BY MAIL POSTMARKED: Hand-Delivered
L FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
PML BAT R, Clerk
Dated: May 1, 2000 By: Deputy
II. FROM County Counsel TO: Clerk of the Board of Supervisors
{ ) 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 Iate and send warning of
claimant's right to apply for leave to present a late claim (Section 911.3).
{ ) Other:
Dated: By: ' �, puty County Counsel
JIL FROM Clerk of the Board TO: County Counsel (1) County Administrator (2)
( ) Claim was returned as untimely with notice to claimant (Section 911.3).
IV. BOARD ORDEEL By unanimous vote of the Supervisors present:
()o 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 2n&1i , 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 NJAIi1NG
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: 9-2dinD By: PHIL BATCHELOR By Deputy Clerk
t
CC: County Counsel County Administrator
' f, l n lee, C
VICTOR J.W@STMAN DEPUTIES:
S ALTHCSFF
COUNTY COUNSEL JANICE L.AMENTA
NORA G.BARLOW
B.REBECCA BYRNES
SILVANO B.MARCHESIANDREA W.CASSIDYI
CONTRA COSTA COUNTY MONKAL.COOPER
CH fEF ASSISTANT COUNTY COUNSEL VICKE L.DAWES
OFFICE OF THE 4UNSEL MARKES.ESTIS
MICHAEL D.FARR
SHARON L.ANDERSON COUNTY ADMINISTRATf, BUILpi,NG LILLIANTFUJII
ASSISTANT COUNTY COUNSELPINE, DENNIS C.GRAVES
65 .g.TREET,. ih Q� i JANET L.HOLMES
MAITINE�, CALIFQFCI�}# ►9453 C�29 KEVIN T.KERR
GREGORY C.HARVEY BERNARD L.KNAPP
ASSISTANT COUNTY COUNSEL EDWARD V.LANE,JR.
BEATRICE LIU
MARY ANN MASON
GAYLE MUGGLI PAUL R.MUNIZ
VALERIE J.RANCHE
OFFICE MANAGER NOTICE OF INSUFFICIENCY STEVEN R RE
DAVID F.SCHMIDTMIDT
DIANA J.SILVER
PHONE(925)335-1800AND/OR N / � JACQUELINE Y.WOODS
A
FAX(925)646-1078 D O
NON-.ACCEPTANCE OF CLAIM
TO: Alexander Dominguez
2797 Entrada Circle
Antioch, CA 94509
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.
[ ] 1. 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.
[ ] 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 ($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 or her behalf.
Page 1
[ ] 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. `VVESTMAN
COUNTY COUNSEL
Deputy County Counsel
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 Pine Street,Martinez,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 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: May 3,2000,at Martinez,California.
cc: Clerk of the Board of Supervisors(original)
Risk Management
(NTOTICE OF INSUFFICIENCY OF CLAIM:GOVT.CODE§§914,910.2,920.4,910.8)
Page 2
Claim to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY
INSTRUCTIONS TO CLAWANT
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 10& day
after the accrual of the cause of action. Claims relating to causes of action for death or for injury to
person or to personal property or growing crops and which accrue on or after January 1, 1988, must be
presented not later than six months after the accrual of the cause of action. Claims relating to any other
cause of action must be presented not later than one year after the accrual of the cause of action.
(Gov't Code 911.2.)
B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County
Administration Building, 651 Pine Street, Martinez, CA 94553.
C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of
the District should be filled in.
D. If the claim is against more than one public entity, separate claims must be filed against each public
entity.
E. Emud. See penalty for fraudulent claims, Penal Code Sec. 72 at the end of this form.
******************************************************************************************
RE: Claim By Reserved for Clerk's filing stamp
)
RECEIVER
Against the County of Contra Costa or )
MAY 0 1 7000
(Vietrl 6041_1 District)
(Fill in name) ) CLERK BOARD Ol SUPERVISORS
CONTRA COSTA CO.
The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named district
in the sum of$ I-)c,x.� and in support of this claim represents as follows.
1. When did the damage or injury occur?(Give exact date and hour)
tIc-W,( Id- k�,IS I-*IP"V'VJC„/
2. Where/ ]did the damage or injuryoccur?(Include city and county)
ef
3. How did the damage or injury occur?(Give full details;use extra paper if required)
tie Hkir Lt, I C. -10
-e'-ew
4. What particular act or emission on the part of county or district officers, servants, or employees caused the
injury or damage?
S. What are the names of county or district officers, servants, or employees causing the damage or injury?
6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach
two estimates for auto damage.) Gfc i -Imc, jo J.-
7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or
damage.) l ?K) , �?=�
8. Names and addresses of witnesses, doctors, and hospitals.
It C CA-
9. List the expenditures you made on account of this accident or injury.
DATE IZE 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: (Attomgy
Name and Address of Attorney )
(Claimant's Sign ture)
(Address)
) f
r4
Telephone No. )Telephone No. 7' "3
NOTICE
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.
,
CI.IAM
BOAR OF SITXMMQM OF C'ON`I'FtA COSTA C0ITN1Xs CA1JFMNiA
BOARD ACnOM JUNE 6, 2000
Tum Against the County, or district Governed by )
the Board of Supervisors, Routing Endorsements. T NOTICE TO CLAIMANT
and Board Action. All Section references ar �� 3� The copy of this docurnent m iled to you is your
California Govermient Codes. ( f).' notice of the action taken on your claim by the
Board of Supervisors. (Paragraph IV below), given
is`k� pursuant to Government Code Section 913 and
815.4. Tease note all "Warnings".
AMOUNT: Exceeding Jurisdiction of Superior Court
CLAIMANT: VALERIE KENTERA
ATTORNEY: c/o STAN CASPER, STATE BAR DATE RECEIVED: MAY 2, 2000
N0. 56705
ADDRESS: A Professional Corporation BY DELIVERY TO CLERK ON: May_ 2, 2000
2121 No. California Blvd. , St 0,�p
Walnut Creek CA 94596 %YV&L POSTMARKED: MAY 2, 2000
L FRONT: Clerk of the Board of Supervisors 70. County Counsel
Attached is a copy of the above-noted claim.
MAY 3 2000 PML BAT R, Clerk
Dated: By: Deputy.
II. FROM: County Counsel 'I'O: Clerk of the Board of Supervisors
( This claim complies substantially with Sections 910 and 910.2.
( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying 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: `-'I Deputy County Counsel
IIL FRONL Clerk of the Board 70. County Counsel (1) County Administrator (2)
( ) Claim was returned as untimely with notice to claimant (Section 911.3).
IV. BOARD ORDER: By unanimous vote of the Supervisors present:
( This Claim is rejected in full.
( ) Other:
I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date.
Dated: 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 MA J NG
I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United
States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully
prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the:claimant as shown above.
Dated: By: PML BATCHELOR By - Deputy Clerk
CC: County Counsel County Administrator
ell
STAN CASPER, State Bar No. 56705
CASPER, MEADOWS & SCHWARTZ 3 �..�
A Professional Corporation 6
2121 North California Boulevard, Suite 1020 "a MAY Z�OQ
Walnut Creek, California 94596
Telephone: (925) 947-1147h
Attorneys for Claimant,
VALERIE KENTERA
CLAIM AGAINST THE COUNTY OF CONTRA COSTA
TO : Board of Supervisors
County of Contra Costa
651 Pine Street, Room 106
Martinez, California 94553
CLAIMANT'S NAME : VALERIE KENTERA
CLAIMANT'S ADDRESS : 651 St. Ives Court
Walnut Creek, CA 94598
CLAIMANT'S TELEPHONE : (925) 906-0745
AMOUNT OF CLAIM In an amount exceeding the jurisdiction of the
Superior Court.
ADDRESS TO WHICH STAN CASPER, Esq.
NOTICES ARE TO BE SENT : CASPER, MEADOWS & SCHWARTZ
A Professional Corporation
2121 North California Boulevard, Suite 1020
Walnut Creek, CA 94596
DATE OF OCCURRENCE : November 6, 1999
PLACE OF OCCURRENCE : Contra Costa County Jail
Contra Costa County, Martinez, California
Page 1
HOW DID CLAIM ARISE:
On or about November 6, 1999, Claimant's son (decedent), Kyle Kentera(DOB
10/19167), was housed as an inmate at the Contra Costa County Detention Facility in
Martinez on M-Module. Said facility is operated, maintained, and controlled by the
County of Contra Costa under the authority of the Sheriff of Contra Costa County,
Warren Rup£
This claim is based upon the personal injuries sustained by Claimant as a result of the
suicide of her son, Kyle Kentera, on November 6, 1999. M-Module, where Kyle was
housed, was a mental health module where inmates are specifically segregated from the
general population as a result of their mental illness, and the danger they pose to either
themselves or others. Kyle had previously exhibited suicidal ideation on a number of his
previous admissions to M-Module. The day prior,November 5, 1999, Kyle had
attempted to harm himself by stuffing a sock down his throat. As a result, he had been
ordered into a safety cell, which is utilized for observing potential suicide victims.
However, he was released shortly thereafter by County Mental Health Worker Nita
Thompson.
Kyle was returned to "A-status" with no precautionary measures, including, but not
limited to, the "Observation Room" which is commonly used by jail staff for inmates who
have been placed in safety cells for threatening to harm themselves. Notwithstanding the
facts that Kyle tried to speak with professional medical staff on November 6th about his
condition, informed other inmates that he could no longer control himself, and wrote a
pointed suicide note, Kyle was permitted four hours of free time on November 6, 1999.
During his free time, Deputy David Cook opened a locked utility closet (approximately 8-
feet deep by 4-feet wide by 6-feet long) containing miscellaneous cleaning equipment and
electrical supplies. The Deputy, although charged with the safety of those inmates on free
time, neither made sure the closet was closed or locked after he had opened it, nor did he
pay attention to the whereabouts of M-Module inmates, including Kyle Kentera. As a
result, Kyle Kentera entered the closet, closed the doors, and hung himself with an
electrical cord. Kyle was not discovered for approximately one and a half hours, by
which time he was dead.
The County employees involved are David Cook, the Deputy Sheriff in charge of
M-Module on November 6, 1999; Nita Thompson, Mental Health worker, Dr. Jose
Lopez, the staff psychologist on duty on M-Module on both November 5 and 6, 1999.
The claims asserted herein include,but are not limited to: (1) the failure of the County,
through its employees, to provide reasonable medical care to Kyle whose condition
required such care, (2) Kyle was so negligently and carelessly confined, assigned, treated,
classified, managed, controlled, supervised, and cared for so as to proximately result in
the injuries above-described; (3) Kyle Kentera was treated by health care providers who
Page 2
were the agents, servants, and employees of Contra Costa County and who negligently
and carelessly treated, diagnosed, examined, classified, assigned, confined, and otherwise
cared for Kyle Kentera so as to proximately cause the injuries as set forth above; (4) at all
times relevant the County of Contra Costa failed to provide adequate or sufficient
equipment, personnel, or facilities, required by state law and as further required by the
regulations of the State Department of Health Services, Social Services, Developmental
Services, or Mental Health prescribing minimum standards for equipment,personnel, or
facilities proximately resulting in the injuries set forth above; (5) the detention facility
was carelessly, negligently, and defectively designed, constructed, owned, operated,
repaired, controlled, inspected, supervised, installed, used, and maintained by the County
of Contra Costa as to render it unsafe, defective and dangerous, proximately resulting in
the injuries to Claimant's decedent.
The injuries sustained by Claimant, as of the date of the presentation of this claim, consist
of the loss of future earnings, love, comfort, society, and companionship of her son, Kyle
K.entera.
ITEMIZATION OF CLAIM.
Jurisdiction over the claim would rest in the Superior Court.
Loss of Earning Capacity: Undetermined at this time.
General Damages, including loss of
love, comfort, and society: Undetermined at this time.
Dated: W&I.1 2000
an Casper
CASPEI2, MEA S & SCHWARTZ
Attorneys for e aimant
Page 3
e' ,�' - '-
1 PROOF OF SERVICE (C.C.P. §§1013, 2015.5)
2
3 1 am a citizen of the United States and am employed in the County of Contra Costa, State of
4 California. I am over eighteen (18) years of age and not a party to the above-entitled action.
5 My business address is 2121 North California Blvd., Suite 1020, Walnut Creek, CA 94596.
6 On the date below, I served the following documents:
7
8 CLAIM AGAINST THE
9 COUNTY OF CONTRA COSTA
10
11
12 by Certified Mail—Return Receipt Requested at the following address:
13
14 Clerk, Board of Supervisors
County of Contra Costa
15 651 Pine Street, Froom 106
Martinez, CA 94553
16
17
18
19 1 declare under penalty of perjury under the laws of the State of California that the foregoing is
20 true and correct and that I am readily familiar with this firm's practice for collection and
21 processing of documents for mailing with the U.S. Postal Service.
22
23 Dated: May 1. 2000 � t ' u
Karen G. Brennan
24
25
26
27
28
CASPER,MEADOWS
6 SCHWARTZ
2121 k California Blvd.,
Sulte 1820
Walnut Creek,CA 94598
TEL:(925)947-1147
FAX(925)947.1131
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;B O e RD OF SUPERVISORS OF CQMA STA CC1U' o CAL FORNIA
BOARD AC710 JM 6, 2000
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 1 The copy of this dDewent mailed to you is your
California Goverment Codes. } notice of the action taken on your daim by the
17 Board of Supervisors. (Paragraph IV below), given
pursuant to Goverrment Cede Section 813 and
r 915.4. Please note all "Warnings".
AMOUNT: $5,000.00 ;.�;• _ aUNSEL
CLAIMANT: Christopher James Leander
ATTORNEY: DATE RECEIVED: May 10, 2000
ADDRESS: c/o Martinez Detention Facility BY DELIVERY TO CLERK ON: Mav, 10. 2000
901 Court Street, C-44
Martinez CA 94553 BY MAIL POSTMARKED: Ma 9. 2000
L FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
PHIL BLOB, Clerk
Dated: _ May 102 2000 By: Deputy 2v�
IL FROM County Counsel TO: Clerk of the Board of Supervi ors
( 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).
j ) 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:,_. (-- C By:. Deputy County Counsel
IIL FROM: Clerk of the Board TO: County Counsel (l) County Administrator (2)
( ) Claim was returned as untimely with notice to claimant (Section 911.3).
PV. BOARD ORDEW 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 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�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: `7 By: PHIL BATCHELOR By Slat-- } .-Deputy Clerk
CC: County Counsel County AAdrninistmtor
Claim to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY �
INSTRUCTIt}NS TO CL Ah1T
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 10& 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 tharn+ bg..after the accrual of the cause of action. Claims relating to any other
cause of acon� me presented not later than one year after the accrual of the cause of action.
(Gov't Code 911.2.)
j Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County
Administration Building, 651 Pine Street,Martinez, CA 94553.
C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of
the District should be filled in.
D. If the claim is against more than one public entity, separate claims must be filed against :avh pudic
entity.
E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at the end of this form.
RE: Claim By Reserved for Clerk's filing stamp
Against therc-wty_nf Contra Costa if MAY /t 20
ell
o.
(Fill in name)
}
The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named district
in the sum of$ oot�and in support of this claim represents as follows:
1. When did the damage or injury occur?(Give exact date and hour)
Z. Where did the damage or injury occur?(Include city and county)
.CAPe,e#)114rp- -5e,5^;i6 bR./C R06 f<k�7T
3. How did the damage or injury occur?(Give full details; use extra paper if required)
r' f 5 a Afro (PR—2,44)
relr A1'!I--, Tir 1 '
act or omission on the art of or district officers, servants, or employees caused the
.Zr►
4., What particular a p county
injury or damage? FCCC, `r ftA7— -r)qE- .tt,AAE-57-Ml C) <>f-'=lG A f-V/ -!S Olo bvi-�
VV
5. What are the names of county or district officers, servants, or employees causing the damage or injury?
6. What damage or injuries do you claim resulted?(Give full extent of injuries or dam es claimed. Attach
two estimates for auto damage.) C'a 'T- 5 joA) 6F' c-,He-sr. -t- 4abom
45, atm; Aicw4r P+tA»T-^L 5ChLP LhCr--,A =. )otJ
7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or
damage.) jq O5Pi 174t•- ,$ft,i 5 F-AO,►t'1 ttx) /VtgaJR mhC:14 t ci .
j N T`/ 7—RAN5- tq'> r AT is r
8. Names and addresses of witnesses, doctofs, and hospitals.
f4ovwARb (—A6 MA14 M P- ETvt4,' C,tw
4 C'm F�e:�JEJ66'y P-C�,04 .r,A ic..Jczh +r-i cyP,A1 / M /G t /y, J w1/� � ` r �:2 f ` Lel - f c
9. List the expenditures you mace on ecount of this accident or injury.
DATE ME V T.
Gov. Code Sec. 910.2 provides"The claim must be
signed by the claimant or by some person on his behalf."
SEND NOnCES TO: (Anorrity
Name and Address of Attorney�PP.0 ITL--P) )
5-
10i a&UA r 7S7--, e s y H` ) (Claimant's Signature)
A-a
(Address)
)
Telephone No. 7,5 s"? )Telephone No. � !C, — �
N0710E
Section 72 of the Venal 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(S 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.
jo y
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CIAIM
:a RIS OF SUPERVISORS OF CONTRA COSTA COUW o CA11FORNIA
BOARD AME JUNE 61 2000
Claim Against the County, or District Governed by f
the Board of Supervisors, Routing ErWorsements, 1 NOTICE TO CLAIMANT
and Board Action. All Section references we to The copy of this document mauled to you is your
California Government Codes. 1 notice of the action taken on your claim by the
Board of Supervisors. (paragraph IV below), given
pursuant to Government Code Section 913 and
' 815.4. Please note all "Warnings"
AMOUNT: $150,000.00 t'OfAY >0 "IT"
CLAIMANT. JAMES MARCH CC)U N '
MARTINEZ CAWFr.
ATTORNEY: DATE RECEIVED: MAY 5, 2000
ADDRESS: 2300 HUMPHREY, #6 BY DELIVERY TO CLERK ON: MY 5, 20QO
RICHMOND CA 94804
BY MAIL POSTMARKED: i uA -DEL.T_VFRM
L PROM: Clerk of the Board of Supervisors TO. County Counsel
Attached is a copy of the above-noted claim.
PHIL BAT LOR, SIeL
Dated: MAY 51 2000 By: Deputy
IL FROM: County Counsel TO: Clerk of the Board of Supervisors
( is claim complies substantially with Sections 910 and 910.2.
( ) This claim PAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The
Board cannot act for 15 days (Section 910.8).
( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of
claimant's right to apply for leave to present a late claim (Section 911.3).
( ) Other:
Dated: f "" '� By: t=' ' -,,-----.Deputy County Counsel
III. FROM Clerk of the Board TO: County Counsel (1) County Administrator (2)
( ) Claim was returned as untimely with notice to claimant (Section 911.3).
I.V., BOARD ORDS L 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: VY^ 1 '-::, 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 %os.personally served or deposited
in the mail to file a court action on this claim. See Government Code Section 945.6. Yon 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 btAML1NG
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: `ZOJQ By: PHI?, BATCHELOR By e2LAA r—Deputy Clerk
CC: County Counsel County Administrator
C? '` f .
;laim to,: BOARD OF SUPERVISORS OF CONTRA COS'T'A COUNTY
INSTRUCIIONS TO
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 I OO h day
after the accrual of the cause of action. Claims relating to causes of action for death or for injury to
person or to personal property or growing crops and which accrue on or after January 1, 1988, must be
presented not later than six months after the accrual of the cause of action. Claims relating to any other
cause of action must be presented not later than one year after the accrual of the cause of action.
(Gov't Code 911.2.)
B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 146, County
Administration Building, 651 fine Street, Martinez, CA 94553.
C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of
the District should be filled in
D. If the claim is against more than one public entity, separate claims must be filed against each public
entity.
E. Fr ud. See penalty for fraudulent claims, Renal Code Sec. 72 at the end of this form.
RE: Claim By Reserved for Clerk's filing stamp
RECEIVED
Against the County of Contra Costa or ) MAY 0 5 7000
95
District) CLMRCONTRAC{35TA o. 8
(Fill in name) j' . Wa,P )
RAW,
tQ.int bC:
The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named district
in the sum of$1 and in support of this claim represents as follows:
1. Whe :did the damage or injury occur?(Give exact date and hour)
s
ka-f
2. Where did th�damage or injury occur?(Include city and county)
P, -, 4 t4 s2 y^elevaWf
3. How did the damage or injury occur?(Give full details;use xtra paper if required)
fr tI/(PJ J 4 H� �yj�tr�� /�r.� ,� U
a�C Ire
e.V 4
w V
t3I f �G
4., What particular act or omission on the part of county or district officers, servants, or employees caused the
injury or damage?
JVW
td fll 'y �C �S r't�t L �^' etv4t%/?t' v'a'c f,i� y� lil f/itldcr'af,
%'tLl� st, la/zip. S .
5. What are the names of county or district officers, servants, or employees causing the damage or injury?
6. What damage or injuries do you claim resulted?(Give full extent of injuries or damages claimed. Attach
two estimates for auto damage.)
7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or
damage.) 7,W 0 r`N e�1'11iXu
t of OP,� e-
8.
8. Dames and addresses of witnesses, doctors, and hospitals.
V,y 1tv�1e " �) k �' cif ii t�tl' / ! v` s', j;..t L 2GGl
9. List t e expenditures yotf made on account of this accident or injury.
DATE TRAE
r
) Gov. Code Sec. 910.2 provides "The claim must be
) signed by the claimant or by some person on his behalf."
SEND NonCES 10: —(ARQ=
Name and Address of Attorney )
)
(Claimant's Signature)
(Address)
)
rya/wa
Telephone No. )Telephone No. .5-1,A'r- V? l l �X
NC)TIC.E
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(S 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(S 10,000),or by both such imprisonment and fine.
C uitiitp of (Coutra ( onto
Offtrr of thr -�AItrriff
Warren�.Fiupf
Sheriff
Mr. James March Apr#6, 2000
2300 Humphrey, #6
Richmond, CA 94804
RE: Concealed Weapons Permit Appllcatfon with Contra Costa County OfiRce of the Sheriff
Dear Mr. March.
This letter is to kdbf m you that your application for a Carry Concealed Weapons Pem*(OW through the Contra Costa
County Office of the Sheriff has been denied.
You had informed me that your"other"apploabon for a CCW Permit through the Chief of Policce of the Cf y of Richmond
had been denied. You told me you have appealed that denial.
As t explained to you,the issuance of a CCW Permit is a discretionary ad provided for in Section 12030 of the CaNiomis
Penal Code. In addklon to 'good moral character,"the applicant must show "good cause"to possess a loaded,
concealed firearm in publlc places. It Is the respons6ft of the Sheriff and in your case,the Chief of Poke of the Cky
of Richmond, to evaluate that need, as presented by the applicant,with relation to the hazards inherent in introducing
a firearm Into the community.
I reviewed your application for a CCW Permit and Interviewed you on Manch 27, 2000. Your stated justification for
wanting a CCW Perm was yourassociation orfriendship with a Mr Howard Bradby. You said you ltrst met Mr.Bradley
In February1990. You characterized him as a 50 year old man suffering from cancer. You semi that during the Iblowing
year(Mit 1997)that he became mentalfy unstable. You became particularly alarmed about the number and type of
tatoos he had on his body. You fog those tatoos gave credence to his claim to have been a member of an outlaw
motorcycle gang and an associate of the Hells Angels and the Nomads motorcycle gangs. You stated that Mr.Bradley
takced about kOV d1l7brent people. Fine*you said you last had contact with Mr.Bradley sometime around Mid 1997.
You have heard rumors he moved to Texas and he sent you an e-ma#on one occasion.
You told me that Mr. Bradley has not assaulted you nor has he threatened you. You said you reported your fears that
Mr.Bradley talked about kilbing people to Oakland P.D.Of kw Gino Guerrero. He was a a&so7ed to the Oakland
P.D. Gang Task Force.
The only other justification you gave me for your desir a to have a CCW Permit was the appearance of gref9iitf in and
around your apartment bulding,your suspicion that a`meth lab"was operating In your neighborhood,a oonf t you had
on a BART train In November 1997,and a'mugging'where you"puffed a knife"in order to protect yourself some twelve
years ago in San Francisco
It is my judgement that none of your stated reasons meet the criteria for good cause. The mere fear of victimization
or your desire to carry a firearm, is insufficient cause to issue you a Cary Concealed Weapons Permit.
If you have any questions, or you think I can be of further service to you,please don't hesitate to call me.
Sincerely,
WARREN E RUPF, SHERIFF-CORONER
W A
Wa tt, Lieutenant
Professional Standards a&Resources
(925)335-9519
Past Office Box 391• Martinez,California 94553-0039
(925) 335-1500
` d -
r
STEPP & BEAUC CAMP LLP
A LIMITED LIABILITY PARTNERSHIP OF LAW CORPORATIONS
1301 Dove Street,Suite 950
Newport Beach,California 92660-2422
Telephone 949.660.0010
Facsimile 949.660.0690
Author's e-mail address:rbb�7a Stepp-beauchamp=m
April 16, 2000
Aaron Zelman
Executive Director
Jews For The Preservation of Firearms Ownership
P.O. Box 270143
Hartford, WI 53027
Re: Legal Analysis — Applications For And Issuance Of Concealed
Weapons Permits Pursuant To California Penal Code 12050, et
seq.
.Dear Mr. Zelrnan:
Your organization has asked this firm to provide an analysis of California's
statutory scheme for the issuance of permits to carry concealed firearms. As you
know, California is among the minority of states that does not require the issuance
of permits to carry concealed weapons for lawful purposes to all law-abiding citizens
who properly apply and pass appropriate criminal background investigations. In the
vernacular of the law of concealed firearms permits ("CCW Permits"), California is
known as a "may issue" state as opposed to the majority of states which are known
as "shall issue" states.I
I As an aside, it is particularly interesting to note that the law enforcement executives who
predicted dire consequences in voicing their opposition to "shall issue" laws in those states in
which such laws have been passed now admit that no negative consequence appear to have
resulted. "I lobbied against the law in 1993 and 1995 because I thought it would lead to
wholesale armed conflict. That hasn't happened. All the horror stories I thought would come
to pass didn't happen. No bogeyman. I think it's worked out well, and that says good things
about the citizens who have permits. I'm a convert." - Glenn White, President of the Dallas
Police Association, Dallas Morning News, December 23, 1997; "From a law enforcement
perspective, the licensing process has not resulted in problems in the community from people
arming themselves with concealed weapons." Commissioner James T. Moore, Florida
Department of Law Enforcement, Memo to the Governor, 3/15/95; "As we have seen in other
states and had predicted would occur in Texas, all the fears of the naysayers have not come
to fruition. A lot of critics argued that the law-abiding citizens couldn't be trusted... But the
facts do speak for themselves. None of these horror stories have materialized." -- Sheriff
David Williams, Tarrant County, TX, Fort Worth Telegram, 7/17/96; "Some of the public
safety concerns which we imagined or anticipated a couple of years ago, to our pleasant
surprise, have been unfounded or mitigated." - Fairfax County VA Police Major Bill Brown,
ev
STEPP& BEAUCHAMP LLP
Aaron Zelman, Executive Director
Jews For The Preservations of Firearms Ownership
April 21, 2000
Page 2
1. INTRODUCTION
Section 12050 of California's Penal Code sets forth the statutory requirements
for applicants and issuers of CCW Permits. Section 12050 is reproduced as Exhibit
"A" at the conclusion of this analysis.
Under California's statutory scheme all CCW Permits are issued by local sheriffs
or chiefs of police in such officials' discretion. Although issued locally, such permits,
if issued, are valid throughout the State.
Because the authority to issue CCW permits is vested in local officials and is
entirely discretionary, California's statutory scheme historically has been, and
continues to be, subject to abuse by sheriffs and chiefs of police who use the power to
issue permits primarily to reward political supporters, refuse to issue any permits or
who issue permits on grounds other than legitimate need while refusing to issue to
applicants with legitimate needs.
Although the discretion of the issuing official is broad the California courts have
held that an issuing authority may not adopt a blanket policy of refusing to issue
permits and must actually review and consider applications on a case by case basis
for the purpose of determining the existence of the statutory grounds for issuance of
a CCW Permit. Salute v, Pitches, 61 Cal.App.3d 557, 132 Cal.Rptr. 345 (1976). The
Court in Salute concluded that a blanket refusal to issue CCW Permits was an
"abuse" of discretion rather and the exercise of discretion.
The Court in Salut noted:
'The Sheriff's policy is not to issue any concealed weapons permit to
any person, except for,judges who express concern for their personal
safety. In special circumstances, the request of a public office holder
who expresses concern for his personal safety would be considered. . . .'
and 'the outstanding permits issued by the Sheriff are only 24 in
number.'
The Alexandria Journal, 7/9/97; "I was wrong. But I'm glad to say I was wrong." Arlington
County VA Police Detective Paul Larson, previously an opponent of shall issue legislation,
The Alexandria Journal, 7/9/97; "Virginia has not turned into Dodge City. We have not seen
a problem." Virginia Public Safety Secretary Jerry Kilgore, The Fredricksburg Freelance
Star, 2/2/96; "The concerns I had - with more guns on the street, folks may be more apt to
square off against one another with weapons - we haven't experienced that." Charlotte-
Mecklenburg NC Police Chief Dennis Nowicki,The News and Observer, 11/24/97.
STEPP& BEAUCHAMP LLP
Aaron Zelman, Executive Director
Jews For The Preservations of Firearms Ownership
April 21, 2000
Page 3
While a court cannot compel a public officer to exercise his
discretion in any particular manner, it may direct him to exercise that
discretion. We regard the case at bench as involving a refusal of the
sheriff to exercise the discretion given him by the statute. Section
12050 imposes only three limits on the grant of an application to carry
a concealed weapon: the applicant must be of good moral character,
show good cause and be a resident of the county. To determine, in
advance, as a uniform rule, that only selected public officials can show
good cause is to refuse to consider the existence of good cause on the
part of citizens generally and is an abuse of, and not an exercise of,
discretion.
It is the duty of the sheriff to make such an investigation
and determination, on an .individual basis, on every
application under section 12050.
Salute v. Pitches, 61 Cal.App.3d at 560-61, 132 Cal.Rptr. 347 (emphasis added).
In addition, the United States Court of Appeal for the Ninth Circuit as held that
an arbitrary and capricious CCW Permit scheme that treats similarly situated
individuals differently may give rise to liability on the part of the issuing official on
federal equal protection grounds. Guillory y. Gates, 731 F.2d 1379 (1984).
In Gu ll, the Ninth Circuit addressed the case of three CCW Permit
Applicants who had filed suit against the sheriff of grange County ("Gates"), the
chief of Police of Santa Ana ("Davis"), and others on the grounds that denial of their
applications for CCW Permits constituted a denial of their rights under the Civil
Rights Act and the equal protection clause of the United States Constitution. 731
F.2d at 1381.
Between June 1977 and January 1979, Guillory made numerous applications to
Gates and Davis for a permit to carry a concealed weapon pursuant to Section
12050. Id. at 1381-82. Pursuant to Santa Ana's policy, Guillory's applications to
Davis were deferred to Gates. Gates denied Guillory"s applications for the permit on
the grounds that Guillory failed to meet the statutory requirements that "good cause
exist" for the permit and that the applicant be "of good moral character." Id. at
1382. The two other applicants were licensed private investigators. In 1979 and
1980 they made several applications to Gates and Davis for concealed weapon
permits. The applications made to Davis were again deferred to Gates, pursuant to
Santa Ana's policy. Gates denied without explanation the applications of each. Id.
J
STEPP&BEAUCHAMP LLP
Aaron Zelman, Executive Director
Jews For The Preservations of Firearms Ownership
April 21, 2000
Page 4
Ultimately, the three CCW Permit Applicants alleged that the denial of their
applications amounted to a violation of their rights under color of state authority
under 42 U.S.C. 1983, 1985, and 1986 and violated the equal protection clause under
the United States Constitution. Id. The district court granted motions to dismiss all
defendants except Davis and Gates and ultimately directed a verdict in favor of
Davis and Gates.
The Ninth Circuit reversed, noting that the CCW Applicants had alleged that the
defendants were acting under the color of their official capacity when they assisted
in processing the applications and "further alleged they acted separately and in a
conspiratorial manner to deprive the [CCW Permit applicants] of [their]
constitutional rights and that they executed the policies and customs established by
"directive and/or practice" of Orange County. id.
The Ninth Circuit found these allegations "sufficient to give rise to a cause of
action under the Civil Rights Act against these individual defendants. .
At trial, Gates and Davis successfully argued that California Government Code
Sections 820.2 and 821.2 granted them immunity. "because of the need for,judicial
abstention in areas where basic policy decisions have been committed to coordinate
branches of government" and the absence of credible evidence establishing the
alleged constitutional violations, the trial court granted a directed verdict in favor of
Gates and Davis. The trial Court agreed. Id. Again, the Ninth Circuit reversed,
ruling that "[s]tate statutory immunity provisions do not apply to federal civil rights
actions." Id. The Ninth Circuit held: "To construe a federal statute to allow a state
immunity defense "to have controlling effect would transmute a basic guarantee into
an illusory promise,"which the supremacy clause does not allow." Id.
Perhaps most important to the analysis of Section 12050, The CCW Permit
applicants claimed that "they were denied equal protection of the laws by the alleged
arbitrary and capricious handling of their applications." Id. at 1383. The trial court
refused to allow evidence on this point. Again, the Ninth Circuit reversed, ruling
that the CCW Permit Applicants were entitled to place evidence before the jury from
which it might find an equal protection violation. "By limiting the examination of
Gates, the court prevented the [CCW Permit Applicants] from doing this. The [CCW
Permit Applicants] were unable to attempt to establish how they as a class were
treated differently than others." A law that is administered so as to u4imtl'v
discriminate between persons similarix situated mavy caual�r�atection.
Id. (citations omitted) (emphasis added).
Finally, at trial "the county took the position that it was not bound by the
fourteenth amendment equal protection clause, apparently on the theory that the
r
STEPP&BEAUCHAMP LLP
Aaron Zelman, Executive Director
Jews For The Preservations of Firearms Ownership
April 21, 2000
Page 5
second amendment somehow supersedes it whenever the state's regulation of
firearms is at issue. M&wwhggy unsub-stmtiated ro.i lar n&WM;wm tv!`
vi
G Id. (citations omitted) (emphasis added).
2. THE PERMIT APPLICATION PROCESS IN CALIFORNIA
California Penal Code Section 12050, generally speaking, provides three avenues
for applying for and obtaining CCW Permits:
A. Under Section 12050(a)(1)(A) an applicant may apply to the sheriff
of the county in which the applicant resides or spends a substantial period of time in
the applicant's principal place of employment or business in the county or a city
within the county.z In such case, the sheriff may issue a CCW Permit, upon proof(1)
that the person applying is of good moral character, (11) that good cause exists for the
Issuance, and (iii) that the person has completed the training specified in Section
12050(a)(1)(D).
B. Under Section 12050(a)(1)(B) an applicant may apply to the chief
or other head of the municipal police department of the city or city and county in
which the applicant resides. Such chief may then issue a CCW Permit to the
applicant upon (1) proof that the person applying is of good moral character, (ii) that
good cause exists for the issuance, (iii) that the person has completed the training
specified in Section 12050(a)(1)(D).
C. Under Section 12050(a)(1)(C) a reserve police officer or reserve
deputy sheriff may apply to the head of that reserve officer's or deputy's agency
without regard to the residence of the applicant and the sheriff or the chief
employing the reserve officer applicant may issue a CCW Permit upon (1) proof that
the person applying is of good moral character, and (ii) that good cause exists for the
issuance.3
a If the CCW Permit is issued based on employment in the county, the CCW Permit is valid
for only 90 days and is valid only in the county in which issued, not statewide as would
otherwise be the case.
3 The reserve officer must be appointed pursuant to subdivision (a) or (b) of Penal Code
Section 830.6. A 1997 amendment to Section 12050 removed the requirement that a reserve
police officer be a resident of the county in which the agency issuing the permit is located but
added the requirement that a permit issued under this subdivision must be issued by the
head of the agency appointing the reserve officer.
STEPP&BEAUCHAMP LLP
Aaron Zelman, Executive Director
Jews For The Preservations of Firearms Ownership
April 21, 2000
Page 6
Thus, generally speaking, every sheriffis obligated bylaw to accept, ,and is
required to review individually for the statutory requirements, each and
every CCW Permit application submitted by any resident of the county and
any resident of city within the county without excel.
Similarly, every chief of police is obligated by law to accept and is required
to review individually for the statutory requirements, each and every CCW
Permit application submitted by any resident of his or her city with one
exception set forth in Section 12050(8).
Section 12050(g) was included in a 1998 amendment to Section 12050.
Subsection (g) provides that a chief or other head of a municipal police department
of any city may enter into an agreement with the county sheriff pursuant to which
the chief turns over all responsibility for the issuance of CCW Permits, renewals and
amendments. Subsection (g) clearly provides that if a chief of police elects to enter
into an agreement with a sheriff to turn over responsibility for the issuance of CCW
Permits, the chief must do so with respect to the issuance of AH CCW Permits to city
residents. In addition, the chief must obtain the sheriffs agreement to assume
responsibility for issuance of CCW Permits to city residents. Failure to obtain the
sheriffs agreement, or the retention of the right to issue any CCW Permits, would be
tantamount to the absence of the agreement contemplated by subsection (g). In such
case, the chief would remain responsible for accepting and processing all CCW
Permit applications and for full compliance with Section 12050.+
It is important to note that neither subsection (g) to Section 12050 nor any other
provision in the statutory CCW Permit scheme permits sheriffs to enter into
agreements with chiefs of police to turn over to a chief the sheriffs obligation for
accepting and processing CCW applications from city residents. Neither does any
provision exist which would permit a chief of police to foreclose a sheriff from issuing
CCW Permits to residents of a city.
Following submission of the CCW Permit Application, the licensing
authority shall give written notice to the applicant indicating if the license is
approved or denied within 90 days of the initial application for a new license or a
license renewal or 30 days after receipt of the applicant's criminal background check
from the Department of Justice, whichever is later." California Penal Code Section .
12052.5. The requirement of written notice is a significant advance. It requires the
issuing agency to document the denial. In the past, agencies served with Freedom of
Information Act requests for denied and granted applications have contended that
they did not maintain records on denied applications. This "in writing" requirement
4 As well as compliance with all case law interpreting Section 12050.
STEPP& BEAUCHAMP LLP
Aaron Zelman, Executive Director
Jews For The Preservations of Firearms Ownership
April 21, 2000
Page 7
is a boon in terrns of civil discovery for purposes of comparing denied applications
with granted applications for purpose of establishing violations of the Civil Rights
Act and equal protection violations as well as in demonstrating the generally
arbitrary and capricious nature of the conduct of issuing authorities.
The maximum fees that may lawfully be charged applicants for CCW
Permits are set forth in Penal Code Section 12054.
3. ISSUES PRESENTED
Your request for this analysis raised the following four questions;
A. MAY A SHERIFF REQUIRE APPLICANTS WHO RESIDES WITHIN
THE CITY LIMITS OF A PARTICULAR CITY TO APPLY ONLY, OR
FIRST, TO THAT CITY'S CHIEF OF POLICE?
Short Answer: NO.
As discussed above, Section 12050(a)(1)(A) and (B) grant the right to apply to
either (or both) the sheriff or the chief of police if one is a resident of a city within a
county. In addition, the 1998 addition of subsection (g) to Penal Code Section 12050,
which permits a chief of police to turn over to the sheriff responsibility for all CCW
Permit applications from city residents, is not reciprocal and does not grant a sheriff
the right to abdicate his or her legal obligation to accept and process CCW Permits
from residents of any city within the county. Any refusal by a sherhT to accept
CCPV Permit applications from the resident of any city in the county would
be a direct violation of the holding in Salute v Pitches and, under proper
circumstances, could expose the sherbT and the county to federal civil rights
and equal protection claims under the holding in Guill=vs. Gates
In addition, there is some evidence of racial bias in the permit application
process. There is evidence, for example, that at least one sheriff has refused to issue
CCW Permits to applicants who are residents of a city in the bay area with a high
percentage of minority residents failing to find good cause for such issuance, while
simultaneously issuing at least one permit to a white supporter who asserted as his
good cause the fact that he was required frequently to drive through the same city
and, as a result, needed the CCW Permit for personal protection while in the city in
question.
This is clearly an abuse of discretion that, if proven, could easily support a writ
of mandate against the sheriff for both an abuse of discretion, and a violation of
public policy. Moreover, this would clearly support federal claims of
.,2v
STEPP& BEAUCHAMP LLP
Aaron Zelman, Executive Director
Jews For The Preservations of Firearms Ownership
April 21, 2000
Page 8
violations of equal protection and civil rights violations under the theories
and holdings in GuJ1lo .
B. MAY A SHERIFF IMPOSE ON RESIDENTS OF A CITY
REQUIREMENTS WHICH EXCEED THOSE APPLIED TO
RESIDENTS OF UNINCORPORATED AREAS?
Short Answer. NO.
This analysis is identical to the analysis to A, above. In addition, one of the
purposes of the 1898 amendment to Section 12050 in 1998 was to impose some
uniformity on the CCW Permit application process and reduce the abuses of
numerous issuing authorities. 50 letter from Rodrick Wright, Author of A.B. 2022
to Governor 'Wilson dated September 2. 1998). Finally, Section 12050 itself, and as
interpreted by Salu , imposes only three requirements in the case of non-police
reserve applicants: (i) that they be of good moral character; (ii) that they reside in
the county of issuance or a city in the county of issuance, (iii) that the applicant
undergo specified training; and (iv) that they show good cause.5 Obviously, the good
cause requirement coupled with the "may issue" language of the statute results in
the most troublesome aspect of the process. Nevertheless, a concerted and more
active approach on the issue of equal protection, such as initiating high profile
litigation on behalf of a number of rejected applicants against the worst offenders
among issuing authorities may bring the issue to the fore and result either in more
fair local policies or further attempt at legislating a definition of"good cause."
C. MAY A CHIEF OF POLICE ISSUE SOME PERMITS BUT REQUIRE
OTHER APPLICANTS TO APPLY TO THE SHERIFF?
Short Answer: NO.
Section 12050(g) permits a chief to "enter into an agreement" with a sheriff to
process "all" applications. There are two elements to this provision. First, a chief
must enter into an "agreement" with the sheriff. This requires the sheriff`to agree to
accept all CCW Permit applications from any resident of the city in question.
Second, subsection (g) specifically requires that the agreement encompass "all"
applicants who reside in the city. The failure to comply with the literal terms of the
statute opens up both the chief and the sheriff to equal protection lawsuits. The
most likely scenario would be a local chief of police who claims to have turned over
all permit processing to the sheriff, particularly in the absence of the required
5 The Code now also permits the issuing agency to conduct certain restricted psychological
testing.
STEPP+&BEAUCHAMP LLP
Aaron Zelman, Executive Director
Jews For The Preservations of Firearms Ownership
April 21, 2000
Page 9
agreement by the sheriff to undertake all processing for the city, but where such
chief continues to issue limited permits to some individuals.
D. MAY AN ISSUING AUTHORITY IMPOSE A POLICY OF DENYING
ALL CCW PERMIT APPLICATIONS?
Short Answer: NO.
This is precisely the situation addressed and rejected by the Court of Appeal in
Salute vs. Pitchess, 61 Ca1.App.3d 557, 132 Cal.Rptr. 345 (1976), and constitutes an
abuse rather than an exercise of discretion.
The most likely avenue for a successful resolution of the abuses generated by
Californias „may issue, statue, which remains the minority position among the fifty
states, mayvery wellbe to commence a series of lawsuits against the worst
offenders, particularly the sheriffs of Sacramento County, Fresno County, Contra
Costa and the chiefs of police of Richmond and Los Angeles. In order to be
successful, it will be necessary to obtain under the freedom of information act the
"good cause” statements of all successful applicants and compare them to the "good
cause" statements of unsuccessful applicants.
Please contact me for further discussions.
Sincerely,
le&--
/7160
Robert B. Beauchamp
x.:261 - '
04/19/2000 09:52 9496600690 BEAUO14Mp FIRM PAGE 02
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Honorable fete Wilton soaar�cosvacr�aarr
Crovemar.$tate of California
State Capitol~First Floor
Sacramento,CA 95114
D.ar Governor Wilson:
This letter is to request your signaure on Assembly Bill 2022.
A9 2022 is a modest effort to reform the procesaimg of wncealed weapons permits.It Mfgaew the
culmination of a collrboorative negotiation process with the State Police Chiefs Association and due
Courcy 5herifrs Association,which am now bath neutral on die bill. Asa result,AB 2022 represents.
the first truly Comprehensive reform to this law Sim 1489,
v Law enfisrcematt has long been arideixed for in arbitrary,caprialous and discrbninreory administration
of this law. An example of the problem was a Los AnViss depady district aUMM who flaw up to
Sacramento on his own the to anpport the bill.He m find an Asim gang tbresdened him agar a
succassu trial against them.He applied for a CCW permit nr the police of a local City wi to Loa
Amos Courcy. nirty ands after turning in the applica fart It was denied. His research discovered
no permit had been granted in the prior 5 years except for untrue officers e4 judges.
A$20222 creates clear falx standards in the application process that fmpefltlly will eliminate some of this
Criticism.
One kyglot to remember is that this bill does not effect the sutho!D!of Ihe_aheriffs or ponce tdriefa.
The aWw provisions oftltis bill include:
• A safety traWq requirentanfi for the first time 0f rap 1016 bourn.
• An application fee inereM from$3 to Stoll.
• A sundw statewide application forth,a written notice of danial within 90 days of
application.and an expNAM permit life fltnm 1-2 you for civilians and from 3.4 years for
resorva offlcars.
• A narrowly crafted,90-day emergency business parmlts for substantia!employment or
brsioess in another county.
Letter from the Hon. Rod Wright reg AB2022
4/
Gell
04/19/2000 09:52 9495600690 B AUCHAFP FIRM PAGE 03
a�@'d blu
Honomblo Pett Wilson
Septe mbae 2,1590
Page 2
The NatiorW PjAe Association clans with other interested pa oWLzations att in fult support of the bill
along with w mal women's safety groups and the Doris Tett Crane Victbas it u au.
The success of the nogatWion is mfleecsd in the final votes in the Sancta 21-7 and the Assembly 544.9.
`wank you for considtrattiou of this iasisiatiaa.
Sincerely,
1 �
Rodasdch D.Wdght
Aamnblynu&4Mh District
RDW:SMD
Letter from the Hon. Rad Wright re: AB2022
*GTART*START*START*START*START*STA...ART*START*START*START*Slt*Y LMehundred.cobra/--equalccw/guillory.huffl
731 F.2d 1379 96
15 Fed.R.Evid.Serv. 813
(Cite as.731 F.2d 1379)
Freston GUILLORY,Frank Ritter,and Ty Ritter,Plaintiffs-Appellants,
V.
COUNTY OF ORANGE,et al.,Defendants-Appellees.
No. 82-5062.
United States Court of Appeals,
Ninth Circuit.
Argued and Submitted Oct.3, 1983.
Decided April 25, 1984.
Unsuccessful applicants for permits to carry concealed weapons brought civil rights action against sheriff,police chief,city,
county,and others.The United States District Court for the Central District of California,David W.Williams,J.,entered
judgment in favor of defendants,and applicants appealed.
The Court of Appeals,Skopil,Circuit Judge,held that:(1)complaints stated cause of action under federal civil rights statute
against governmental entities;(2)state statutory immunity provisions do not apply to federal civil rights actions;and(3)
plaintiffs should have been permitted to examine sheriff as to manner in which he handled applications of other persons.
Reversed and remanded.
[1]FEDERAL COURTS k776
170Bk776
Grant of motion to dismiss for failure to state a claim is a ruling on a question of law subject to de novo review.
[2]CML RIGHTS k206(2.1)
78k206(2.1)
Formerly 78k206(2),78kl3.7
Governmental entity cannot be held liable under federal civil rights statute solely because it employs a tort-feasor;plaintiff
cannot use theory of respondeat superior to hold municipality liable.42 U.S.C.A.s 1983.
[3]CIVIL RIGHTS k235(1)
78k235(1)
Formerly 78kl3.12(3)
Complaint which alleged that,when sheriff and police chief processed application for permit to carry concealed weapon,
they executed policies and customs established by"directive and/or practice"of governmental entities and which alleged that
denial of the application violated constitutional rights stated a claim under federal civil rights statute against the
governmental entities.42 U.S.C.A.s 1983.
[4]CIVIL RIGHTS k235(1)
78k235(i)
Formerly 78k13.12(3)
Complaint which alleged that individual defendants were acting under color of their official capacity as sheriffs deputies for
the county when they assisted in processing application for permit to carry concealed weapon,which alleged that individuals
acted separately and in a conspiratorial manner to deprive applicant of his constitutional rights,and which alleged that the
individuals
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executed the policies and customs established"by directive and/or practice"of the county stated a claim under federal civil
rights statute against cou,ty.42 U.S.C.A.s 1983.
[5]FEDERAL COURTS k764
170Bk764
In considering motion for directed verdict,reviewing court views the evidence as a whole and draws all possible inferences
in favor of the nonmoving party.
[5]FEDERAL COURTS k798
170Bk798
In considering motion for directed verdict,reviewing court views the evidence as a whole and draws all possible inferences
in favor of the nonmoving party.
[6]FEDERAL COURTS k425
170Bk425
State statutory immunity provisions do not apply to federal civil rights actions.West's Ann.Cal.Gov.Code,ss 820.2,821.2;
42 U.S.C.A.s 1983.
[7]CONSTITU'T'IONAL LAW k278(1.3)
92k278(1.3)
Formerly 92k278(1.2)
Licensed private investigator does not have a liberty or property interest in receiving a concealed weapon permit.West's
Ann.Cal.Penal Code,s 12050.
[7]CONSTITUTIONAL LAW k287.2(1)
92k287.2(1)
Licensed private investigator does not have a liberty or property interest in receiving a concealed weapon permit.West's
Ann.Cal.Penal Code,s 12050.
[8]FEDERAL COURTS k614
170Bk614
One may not urge as a ground for reversal a theory not presented to the trial court.
[9]CIVIL RIGHTS k241
78k241
Formerly 78kl3.13(2)
Applicants for concealed weapon permit who alleged that they were denied equal protection because of the manner in which
governing ordinances were applied should have been permitted to examine sheriff concerning his handling of applications of
other individuals.
[10]CONSTITUTIONAL LAW k2l l(3)
92k2ll(3)
Law which is administered so as to unjustly discriminate between persons similarly situated may deny equal protection.
*1380 Meir J.Westreich,Santa Ana,Cal.,for plaintiffs-appellants.Charles Matheis,James Slack,Portigal&Hammerton,
Santa Ana,Cal.,for defendants-appellees.Appeal from the United States District Court for the Central District of California.
Before KENNEDY,SKOPIL and PREGERSON,Circuit Judges.
SKOPIL,Circuit Judge:
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The appellants,Preston puillory,Frank Ritter,and Ty Ritter,brought suit under 42 U.S.C.ss 1983, 1985 and 1986.
Appellants alleged that defendants'denial of their applications for concealed weapon permits deprived them of their
constitutional rights.Appellants claim that the court erred by dismissing all original defendants except Sheriff Gates,of
Orange County,and
Police Chief Davis,of the City of Santa Ana,and by granting a directed verdict in favor of Gates and Davis. [FNI]We
reverse and remand.
FN 1.The original defendants included the County of Orange; Sheriff Coroner Department of the County of Orange;
Sheriff Coroner Brad Gates,individually and as Sheriff of the County of Orange;Assistant Sheriffs Robert Griffeth and Raol
Ramos,Captain Barbara Ayres,Sergeant John Doe Rohn,Investigator Martin Yingling,individually and as Deputy Sheriffs
of the County of Orange;City of
Santa Ana;Santa Ana Police Department;Chief Raymond C.Davis,individually and as Chief of Police of the City of Santa
Ana.
FACTS
Between June 1977 and January 1979,Guillory made numerous applications to Gates and Davis for a permit to carry a
concealed weapon.Guillory made these*1381 applications pursuant to Cal.Penal Code s 12050(West 1982),the statute that
authorizes permits to be issued.Guillory claimed a need for the permit due to the dangers inherent in his job as a criminal
defense investigator.
Pursuant to Santa Ana's policy,Guillory's applications to Davis were deferred to Gates.Gates denied Guillory's annfications
for the permit on the grounds that Guillory failed to meet the statutory requirements that"good cause exist[]"for tho permit
and that the applicant be"of good moral character."Cal.Pena1 Code s 12050(West 1982).
Both Frank and Ty Ritter are licensed private investigators in California.In 1979 and 1980 the Ritters made several
applications to Gates and Davis for concealed weapon permits.The applications made to Davis were again deferred to Gates,
pursuant to Santa Ana's policy.Gates denied without explanation the applications of each of the Ritters.
PROCEEDINGS BELOW
a In June 1979 Guillory filed his district court complaint.He alleged that the denial of his application amounted to a violation
of his rights under 42 U.S.C.ss 1983, 1985,and 1986.He requested damages and injunctive relief.In November 1979 the
district court granted the motions to dismiss all of the defendants except Davis and Gates.
In June 1981 the court granted the plaintiffs'motion for leave to file an amended complaint.The Rittera were included as
plaintiffs in this amended complaint.This complaint contained essentially the same allegations as the original complaint.It
named as defendants not only Gates and Davis,but also the other defendants who had been dismissed from the original
complaint.The district court entered a clarification order in which it stated that when it granted leave to amend it did not
intend that the amended complaint include as defendants those defendants that had been dismissed in November 1979.
The case then went to trial before a jury.During the trial,the amellants attempted to cross-examine Gates concerning the
way he handled the concealed weapon permit applications of other individuals.The district court limited this
cross-examination,holding evidence of Gates'handling of other permits was irrelevant
ISSUES
1.Did the district court err in dismissing the governmental entity defendants and the other individual defendants?
2.Did the district court err in directing a verdict based on the California statutory immunity provisions and lack of credible
evidence to establish a constitutional deprivation?
DISCUSSION
A.Motions to Dismiss
[1]The court granted the motions to dismiss the local governmental entities and all individual defendants except Gates and
Davis for failure to state a claim.This is a ruling on a question of law,subject to de novo review.Alonzo v.ACF Property
Management,Inc.,643 F.2d 578,579(9th Cir.1981).
[2]The court relied on Moneli v.Department of Social Services,436 U.S. 658,98 S.Ct.2018, 56 L.Ed.2d 611 (1978),to
dismiss the governmental entity defendants.Under Monell,a government as an entity may be responsible under section 1983
"when execution of[the]government's policy or custom,whether made by its lawmakers or by those whose edicts or acts
may fairly be said to represent official policy,inflicts the injury."Id.at 694,98 S.Ct.at 2037-2038.A governmental entity,
however,cannot be held liable solely
because it employs a tortfeasor.Id.at 691,98 S.Ct.at 2036.That is,a plaintiff cannot use the theory of respondeat superior
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to hold a municipality Uable under section 1983.Id.
[3]Here,appellants based liability directly on alleged unconstitutional policies or customs of the local governmental entities
and not on the doctrine of respondeat*1382 superior.Cf.Friedman v.Weiner,515 F.Supp.563,566(D.Colo.198 1)(motion
to dismiss denied because liability based directly on alleged unlawful policies).In the original complaint Guillory alleged
that when the individually named defendants processed his application they executed the policies and customs established by
"directive and/or practice"of the governmental entity defendants.He alleged the denial of the application denied hint his
constitutional rights.The amended complaint,which included appellants Frank and Ty Ritter as additional plaintiffs,
duplicated these allegations.
Assuming the truth of these allegations,Halet v.Wend Investment Co.,672 F.2d 1345, 1309(9th Cir.1982),it does not
appear to a certainty that appellants would not be entitled to any relief.Id.The allegations are sufficient to give rise to a
cause of action under the Civil Rights Act against the governmental entities.Monell,436 U.S.at 694,98 S.Ct.at 2435.See
Williams v.Gorton,529 F.2d 668,674(9th Cir.1976)(listing elements necessary for claim under ss 1983 and 1985);cf.
Molina v.Richardson,578 F.2d 846,848(9th Cir.),cert.dented,439 U.S. 1448,99 S.Ct.724,58 L.Ed.2d 747(1978)
(plaintiff failed to argue the alleged illegal conduct"may fairly
be said to represent[the city's]official policy").The court erred in dismissing the local governmental entity defendants.
The dismissal of the individual defendants came in the same minute order that dismissed the governmental entities.The
court's citation to Monell cannot serve to explain the reasons for the dismissal of the individual defendants.Monell does not
concern liability of individuals acting under color of state law.
[4]Guillory's complaint alleged that these defendants were acting under the color of their official capacity as sheriffs
deputies for defendant Orange County when they assisted in processing his application.It further alleged they acted
separately and in a conspiratorial manner to deprive Guillory of his constitutional rights and that they executed the policies
and customs established by"directive and/or practice"of Orange County.The amended complaint duplicates these
allegations.
These allegations are sufficient to give rise to a cause of action under the Civil Rights Act against these individual
defendants,Williams v.Gorton,529
F.2d 668,670(9th Cir.1976).Accordingly,the court erred in dismissing these individual defendants.
B.Directed'Verdict
[5]The court granted Gates'and Davis'motions for a directed verdict based upon:(1)the immunity provisions of sections
820.2 and 821.2 of the California Government Code;and(2)a lack of credible evidence establishing the alleged
constitutional violations.In considering a motion for a directed verdict,we view the evidence as a whole and we draw all
possible inferences in favor of the non-moving party. Shakey's,Inc.v.Covalt,704 F.2d 426,430(9th Cir.1983).
[6]Sections 820.2 and 821.2 of the California Government Code grant immunity to public employees for discretionary acts
and for denials of licenses or pen-nits.Gates and Davis argue these provisions are applicable because of the need for judicial
abstention in areas where basic policy decisions have been committed to coordinate branches of government.We disagree.
State statutory
immunity provisions do not apply to federal civil rights actions.Morrison v.Jones,607 F.2d 1269, 1273(9th Cir.1979),cert.
denied,445 U.S.962, 140 S.Ct. 1648,64 L.Ed.2d 237(1984).To construe a federal statute to allow a state immunity defense
"to have controlling effect would transmute a basic guarantee into an illusory promise",which the supremacy clause does not
allow.
Martinez v.California,444 U.S.277,284 n.8, 100 S.Ct.553,558 n.8,62 L.Ed.2d 481 (1980).
[7]Appellants also contend they have a due process right to a concealed weapon permit.A licensed private investigator,
however,does not have a liberty or property interest in receiving a concealed weapon*13 83 permit under CalYenal Code s
12050(West 1982).Erdelyi v.O'Brien,684 F.2d 61,63-64(9th Cir.1982);see Board of Regents v.Roth,408 U.S.564,577,
92 S.Ct.2701,2709,33 L.Ed.2d 548(1972).
Appellants further claim they were denied equal protection of the laws by the alleged arbitrary and capricious handling of
their applications.Counsel for Gates and Davis contended at oral argument that appellants presented their case solely on a
due process theory and cannot now raise the equal protection theory.
[8]As a general rule,one may not urge as a ground for reversal a theory not presented to the trial court.Krause v.
Sacramento Inn,479 F.2d 988,989(9th Cir.1973).An examination of the record,however,reveals that the appellants raised
an equal protection claim in their pleadings.The joint pretrial order[FN2]indicates this claire was preserved for trial.The
record does not reveal
withdrawal or abandonment of this claim.
4 of 5 4/28/00 5:59 PM
*START*START*START*START*START*STA...ART*START*START*START*S"iMkgmP'mt 6 .hbnl
FN2.The joint pretrial order,although unsigned by Gates or Davis,was filed with the court clerk prior to trial.At no time
have Gates and Davis coptested the validity of this order.
The district court acted as if appellants did not have an equal protection claim Prior to calling Sheriff'Gates to the stand,
appellants informed the court they intended to examine Gates concerning his handling of permit applications of certain other
individuals.Appellants claimed this evidence would establish an inference of arbitrary and capricious application of section
12050.Specifically,appellants maintained this evidence would show their applications were handled differently than those
of others,for no rational
reason.After atmellants made an offer of proof,the court concluded that the only issue in the case was whether Gates and
Davis abused their discretion in handling appellants'applications.The court ruled that permits issued or denied to others
were irrelevant.
[9][10]Appellants argue that the court erred by preventing them from examining Gates concerning his handling of the
applications of certain other individuals.We agree.The appellants were entitled to place evidence before the jury from which
it might find an equal protection violation.By limiting the examination of Gates,the court prevented appellants from doing
this.The appellants were unable to attempt to establish how they as a class were treated differently than others.A law that is
administered so as to unjustly
discriminate between persons similarly situated may deny equal protection.'Pick Wo v.Hopkins, 118 U.S.356,6 S.Ct. 1064,
30 L.Ed.220(1886);Kuzinich v.County of Santa Clara,6891v.2d 1345, 1349(9th Cir.1983).
In addition,we note that at oral argument before this court,the county took the position that it was not bound by the
fourteenth amendment equal protection clause,apparently on the theory that the second amendment somehow supersedes it
whenever the state's regulation of firearms is at issue.This wholly unsubstantiated position in itself seems to be evidence of
the county's official policy of indifference to fourteenth amendment protections.Accordingly,we conclude the district court
abused its discretion by limiting
the scope and extent of the cross-examination of Gates.United States v.Johnson,285 F.2d 35,40(9th Cir.1960).The
directed verdict must be set aside.
CONCLUSION
The district court erred by dismissing all original defendants except Sheriff Gates and Police Chief Davis,and by granting
Gates and Davis immunity.The court also erred in directing a verdict in favor of Gates and Davis.
REVERSED and REMANDED.
5 of 5 4/28/00 5;59 PM
salute hnp. v/salute.hcnfl
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT,DIVISION FOUR
Civ. No. 47881
132 Cal. Rptr. 345, 61 Cal. App. 3d 557
August 26, 1976
EUGENE M. SALUTE ET AL., PLAINTIFFS AND APPELLANTS,
V.
PETER PITCHESS,AS SHERIFF, ETC.,DEFENDANT AND RESPONDENT
Superior Court of Los Angeles County,No. NW-C-45104,Norman R. Dowds, Judge.
Respondent's petition for a hearing by the Supreme Court was denied October 28, 1976. Tobriner, J., and
Mosk, J.,were of the opinion that the petition should be granted.
Eugene M. Salute and Richard F. Murkey,in pro. per., for Plaintiffs and Appellants.
John H. Larson, County Counsel, and John P. Farrell,Deputy County Counsel, for Defendant and
Respondent.
Opinion by Kingsley, Acting P. J.,with Dunn and Jefferson(Bernard),JJ., concurring.
The opinion of the court was delivered by.Kingsley
Petitioners appeal from an order dismissing their petition for a writ of mandate, after a demurrer to that
petition had been sustained. [1] For the reasons set forth below,we reverse the order.
Petitioners were and now are duly admitted attorneys-at-law and were duly licensed private
investigators. As investigators they applied to respondent Sheriff of Los Angeles County for a permit to
carry concealed weapons and their application was rejected. They sought relief in the trial court with the
result above stated.
As duly licensed private investigators,petitioners are authorized to carry loaded firearms on their
persons and in automobiles. {Pen. Code, § 12031, subd. (b)(7).)However,that section does not cover the
carrying of such weapons in a concealed manner. Permission to carry a concealed weapon may be
sought, as
petitioners did here, by an application under sections 12050 and 12051 of the Penal Code. Those
sections read as follows.
Section 12050: "(a)The sheriff of a county or the chief or other head of a municipal police department
of any city or city and county, upon proof that the person applying is of good moral character,that good
cause exists for the issuance, and that the person applying is a resident of the county,may issue to such
person a license to carry concealed a pistol,revolver, or other firearm for any period of time not to
exceed one year from the date of the license.
"(b)A license may include any reasonable restrictions or conditions which the issuing authority deems
warranted,including restrictions as to the time,place, and circumstances under which the person may
carry a concealed firearm.
(c)Any restrictions imposed pursuant to subdivision(b) shall be indicated on any license issued on or
after the effective date of the amendments to this section enacted at the 1970 Regular Session of the
Legislature."
Section 12051: "Applications for licenses shall be filed in writing, signed by the applicant, and shall
state the name, occupation, residence and business address of the applicant,his age, height, weight,color
of eyes and hair, and reason for desiring a license to carry the weapon. Any license issued upon such
1 of 2 4/28/00 5.59 PM
.:. . .::::: .
stilute http:) lkw/salute.html
application shall sed,forth the foregoing data and shall, in addition,contain a description of the weapon
or weapons authorized to be carried, giving the name of the manufacturer, the serial number and the
caliber.
"Applications and licenses shall be uniform throughout the State, upon forms to be prescribed by the
Attorney General."
The petitioners allege, and the sheriff admits, that the sheriff has a fixed policy of not granting
applications under section 12450 except in a limited number of cases. The policy was stated by
Undersheriff Block as follows:
"The Sheriffs policy is not to issue any concealed weapons permit to any person, except for judges who
express concern for their personal safety. In special circumstances,the request of a public office holder
who expresses concern for his personal safety would be considered. . . ." and"the outstanding permits
issued by the Sheriff are only 24 in number."
While a court cannot compel a public officer to exercise his discretion in any particular manner, it may
direct him to exercise that discretion. We regard the case at bench as involving a refusal of the sheriff to
exercise the discretion given him by the statute. Section 12050 imposes only three limits on the grant of
an application to carry a concealed weapon: the applicant must be of good moral character, show good
cause and be a resident of the county. To determine, in advance, as a uniform rule,that only selected
public officials can show good cause is to refuse to consider the existence of good cause on the part of
citizens generally and is an abuse of, and not an exercise of, discretion.
The petition before us alleges that petitioners are of good moral character and are residents of Los
Angeles County. It is admitted that no inquiry into the existence of good cause has ever been made in
connection with the application of these petitioners, or of any other applicant outside the limited group
of public officials. It is the duty of the sheriff to make such an investigation and determination,on an
individual basis,on every application under section 12050.
The order of dismissal is reversed for further proceedings consistent with this opinion.
[1] The notice of appeal states that it is from the non-appealable order sustaining the demurrer. Since a
formal order of dismissal was made and entered, and appears in the record before us,we treat the appeal
as being from that appealable order. (Rule 1(a), Cal. Rules of Court.)
2 of 2 4/28/00 5:59 PM
t The Contra Costa Cronies Roster:
A detailed'view of Sheriff Warren E. Rupf s CCW policies and real-world procedures.
By Jim March—version t.2,4/24/2000
Rumors of biased issuance of Concealed Carry Weapons Permits have persisted in this county
since before Sheriff`Rupf s entering office in 1992.
Nobody has had solid evidence of equal protection violations in permit issuance until now.
On November the 22nd, 1999, the law office of Trutanich & Michel out of Los Angeles served a
Freedom Of Information Act request on Sheriff Rupf, asking for details of permit issuance.
Rupf responded in a surprisingly complete manner with the records of issuance and renewal for
every permit going back five years. In some cases the "good cause for issuance" statements on
people who were originally issued before Rupf s tenure was missing; this could be deliberate, or it
could be the result of clerical error on his predecessor's part.
It hardly matters. The material provided gives us a deep glimpse into the realities of CCW
issuance in Contra Costa County. Some elements are simply high comedy, some border on
grotesque, and there are serious issues of equal protection to be found throughout.
To understand the implications of the documents that follow, you'll need at least an overview of
the Sheriff's current policy manual. I've put excerpts from it into an appendix (starting at page
17) plus included a weblink to the whole thing...but for now, remember these highlights:
1) Obtaining a CCW permit requires "extraordinary good cause".
2) Current or retired "justice system employees" have "prima facie good cause" and receive
preference.
3) Anyone with a recommendation from a law enforcement officer plus his superior and/or a PIS
Chief has "extraordinary good cause". You'll see one "obvious crony" who was treated in such
preferencial fashion by a police department (pages 7 and 8).
4) "Acts associated with normal living isn't going to make the cut"—compare with the rest of this
file! Practically every case here is exactly that...
5) People living in the towns with their own PD Chief are to be discriminated against. Issuance
standards are an order ofmagnatude more stringent(see appendix, page 21).
b) Permits may be re-issued only so long as the applicant's circumstances haven't changed--as
you'll see, that's the biggest joke of all
The policy manual is dated 3124199—remember that, it's important.
I
ON WITH THE SHOW.-
For our first exhibit, we have this charming attorney. Denied a permit by Lt. Willett (Sheriff
Th R.upf°s appointed
Ax"WatLAW #BC W
rx Bar N*.a
coordinator"), the
Wainer desk„CA%M5 attorney/applicant
writes in and
r> 17,b"s complains. While
x
he lacks specific
Walla � �' good cause,he's
ssshy a. got LOTS of
Pine Mco. ► Br9s
buddies, including
bbIrdaff.CA 94553
the District
conWMPOM Carry Porra m-4 Attorney(Yancey),
Dar sbftMRVf a Judge, a state
1U leap is wrhUn at the suMsdan of rx wayne Wilke who I contacted Senator (Rainey)
WtWy to obtWn a envy pormit. U VVk#has omrtak txitmiat that ha appii>est who was the former
ria leaking a n as to whether=;*a mpeat should be attd E&than I
did jVt still wNhk hie issue ztav&t& He did indicaw that he did not:nod ifhk daeiabon Sheriff and handed
was over rAden at abWw k"L the job off to R.upf
I kaow that I me+ot your cloracter,swndard& amd lava no objection.to your upon retirement
o with » Attorney {lacy Yancey, superior Court Judge-Lois r
Marmgton) John Hanan, Sm Di* I nmW or fiarcaor etc.
Biir Baker. I also onal me my CV apeiiiug"nv bod%rownd and
acxiVWM
U Willett foil that a meed,such as a meant tht,vet,milt be reason far a What we have here
perm& such is wt the oeseq,but only bow=I eidtar owiWAN risk or our"nw is a case of"Hey,
wAvWae when I rv*ougbat trot ba mpW to do aro, Mocerwho tIbrvebecom
very sere wkh bodb&pgotwg VW vMd on san Famoboo Bay,its thm a and the sen look at me, I'm a
Joagnae sad Im Avquc&,bf ooaat wbe to smfa CrUX or BO&P BW, M 400'** GOOD OL' BOY15:
U&=may wide and rue htto ares whtaa we are vuloetshle to others who do not ohms
&Me the Uw. In WdW m mY sadvides rogtdre ou"mowr mi&mfttmP he sen
moi.thea too.I am at rtak ft=the 1000tift Pisan to raga lar, sonwWw blocbta
from,tiro nwoft pbeae. I have taken the pmme xdon of buo*a thty 22 pistol,shnilar to Remember: R`.upfs
the otta you tasty, but it lock wWk tranwrtt it tmeaiors it for "extraordinary good
in h4coded owarpnoy vas;
na _ is Mt, wits row .urModon in that I r cause" standard was
uninootpormw arras of Contra Costa County,rt .Aiatno.CA I assn in effect back to at
least 1996.
teamed with ftrratmra,both tro-&55 ymaa of owuht8 amd haadft shctguoa.piuois,amd
at%WM 11rual traWlat with the United states Air Poroma. I have always"that I
could pretty wall talrya carry of oy self p4vi=lly.but now that I ase 68 years old I amt mora
vulnaabie. As Wicsetad r bmve always beau.a flood citiamt.Ido not eves'tree skabol or
=W other aubdam that wnuM'itt>pah UW rod fiW that it is 6n m4'and
sociodes
beat intavat thtt the nquWW pam k iNut. Pharma let ttte know as to how I Aoukb
Proolom
�Vwytrut* �
1
(crony protection)
This is just one case where "good cause" has been treated as a joke,
2
7 / c
Here's a goad one:..
Original permit issued early in '95 if he applied in December of'94 as shown here...and renewed
3/2/99.
APPuCATION
The guy does
CONCEUXI). HAPON PERMIT �"� ,06 "field sales" for a
cable company,
lives in San
MOW 0061SCIM M a$114000 s...6160w ra M M CROW.wTSCUM t...00w..Ake"P.mNmw W Ramon, doesn't
M "Qa W"1116 _MMTom a. .-C&O—Mowr ,.. GM IM r at PROGUMB.-
1Meditewhave any Gtravels
XY0rKt10N/N/tOQY/...CIONY r1107iGt10N{M lROOAf�... I�C7lCIIpI IN ..d70lfl/MOr6C G
FM LW&tuna
with cash or
RWIMY
NkeAftmzo ugtL7a6 valuables"type of
- iL
•,ik~�i(Qk !f r7 "good cause"®-
MY zo '' `°""""'" but every once in
arM�l _-Z _ 1 a while the poor
guy has to VISIT
EapW,in d*W,your naod kr a pwa t b amry a cmpd d wuM. Wbdaany kckw .ddtrc.a dW% my town. Not live
of paha aMcbs repot marts,r tawrrn.mrd teMpbo w cmmimn d ra*w—69 ran yaur*a5r W rare,tithes w m>aa I
..�,,y here in Richmond,
not wipe gang tags
off the side of his
.�� �- • d2 --- eat ', . �, apartment
building, not
complain about
- the local drug
dealers mind you,
he has to VISIT.
- - This is nuts. Per
Rupf s policies
I hmatry at aruw.ra hew►gtwn hem6r trduanp ton anva and coma and an `mart
to my ry bwlN wWw&WW and agrar b#w prwam mrd r rse hmab or afwvA Parad arsd ogre
„ wad to trw adrar tri +�w airy a to he set up with
M"° "a"" GRIML Richmond PD
..COIlY.I....G'iONr m
AMkwft
Dated atffi
i�J�►►.a tJ .Ca�orrdr.eaa �' �ayar•''�--��, _ ,� years ago, nobody
living in
Richmond can get
a permit, but this poor delicate flower needs to pack heat because he visits.
The racial element alone is a shocker. This gent is white, he's from a wealthy mostly-white town,
and because he visits a lower-income high-minority-population town he gets a permit while all
residents of that town are barred by Rupf?
I don't THIIYIK so.
3
res ,►.. soa�xPr*s wax, r � This GOLF PRO
® SPacw. D"RY SMIrr c �+ Y has had a permit
Into Shoat continuously since
Data 121.1c,.t.-r 1967. It was last
renewed 12/20/99.
"dross
Phone As with many older
Data of UrtA� �4 M1l Y t applications,
Marital status? ► .D it good
-TTE—Ats whatfor a ag e,ea rer or swpara cause" is anybody's
..-in tweet of baargescp lietip' WN00 guess. It's not in
D.sacitiaea �C the paperwork, it
was probably lost
Ir l/atsralisad
9 =+ sometime during
Length of seaidasoa is Contra 00sta cocotr 3Z Y. AS the Carter
AMV Polios Record N a administration.
tyl Yes, SMAIM1135
Rupf reissues
Oooapatioa+ Ss —r' Nn (QRAAarl co��rtaia 'r fir'�� because CCW is
JLr o escr oa o at`ias
Fi^�utlLt a is a, obviously
a
Y0.11t3. M �el16joI �4,,
'D7Qs �
"tenured position".
Spacial Shills or Prefaaaios {�1�lbcJLeJ�t4+- Afi t'-'eL. M1tt�"Me ,nte,'k.er.
o» Y==...-- =a. I would assume this
or ary as oe,sao as r er , rp eq opera or ,
LILpermitholder carries
Deputised is any other 000 K . a high-end target
VAM .s - reT pistol...that way,
' `° when a golf ball is
dropping out of the
sky towards some
hapless fellow
•�--mss - - golfer's noggin, he
- - -- can shoot the ball
before any
potentially fatal
hazard occurs.
Suuuure. And if you believe that, I've got this great deal on a bridge...
What the heck is going on here?
a
Here's a tractor
. d7tsalesman for
cmu COSTA =mTr samrt'is MWA T International
0 SNOM nxF= SMWO ow Pauff Harvester who scored a
�tnromi ►• permit in 1962.
laiitit .�-s't�'G'2�
sem. His good cause? Dunno,
it ain't in Rupf s data.
-- �. r,. It's probably lost in the
�''�'��
few, mists of time,your guess
Drtr of
is as good as Rupf s.
Birth
aw
Narital status I say that because in this
or sUqpAj narried,
_ ter• '01" °r "pant od; - case,I can prove it
YIi Rant of ftergvng RotuyzA doesn't matter. His
U. S. Citiasn ` : _ -- renewal dated 7/7/99
as lists a new occupation:
xr 1laturaxiis
•►' i'r' RETIRED
Tangtk of Fasidenee in Contra Co.ta oamt7 T
Any polio* Sword ,•a-!.T This despite Rupf s
j stated policies on
occupation S'rf�B .•�•+-�- d .X'� 3/24199 that renewals
komax d sgri.ption of Rile)—'�' were to be as nasty to
.-WIPJV5 : z:�r -S.!f6Ae -.p �.- s a.�, �•- .�, - get as issuance.
,`.P vs8v r�v�kS
,spnial s dIU or Prof„,,a Like hell. It's a
per” .. sinecure. Once you have
or a., a. ,, oprator", a permit,the obvious
implication is that you're
Depatiaad in a' other tT r _ somebody's buddy,
you're politically
connected and if you get
�, <,:,,•..t.•. iM14Y44f,F&i1w•:,_:•:.�::>y.�ti� ?+rc ,' '�`'�"a�'' "°.. denied,you'll scream
:.a �rrucArut� ocw bloody murder,sue or
• b. -�: worse: you'll tell the
Sheriff's private
wu.ui.wr::+w.e ewausw.i.r a�;k 'Mo.NIrli:•ae•.,•.,....
political support club
._ ±: :r;;:��3 •.:°s.:: s known as the
,�, ;' +��:• r�•,•.i�.Il ,w,..,.ua ,., .` "Sheriffs Posse"that
CCW issuance isn't
.,.,e..ir..: :..MY. : ,,;,;,:: '..• . � ` �tiiaiMlMnw.M!W!rh.yttr.m.�114wy./w.r:. ....
:357 .1..rs• = L Isle«++.wwwd torr u,lb�hl+wwwMT •' .,
as free and easy as a
. 0.;•pwn..rn.ra+�.w.r.r.ir.a+adlW.i+re.../a.w/i..aluMrhh.nd
7�: _...... ,;;�, '° " ► Posse member would
armr"e"" .n..... ,N�..+ w.t.tM.t,w�,sldltl.,r,,,hMt,w,;,i,Yy�i...esn
nomudly think,given
�• N Iii
o _ / r +•,..rMawrrw a w .,.+»+i „c N yi�°�"` the ease With which
f� : they score permits.� h
So Rupf can't stick
rt p! 1!.c with his own rules.
aim:�ii,,...'y,..ir.:a.;..o.r,�r. •.
84dw A&W•Naw gmliytll`wawwgM�Ii..al.w e.w
qNu Ia mr Won •ifllilllik.��s'�'ua'.I!i tar. � .a�y�.g�.gy-L rf
5 ���
r 0
Have you over been a regular,deputy el riff, police officer, C—Stable, } �y �L r�
m,ershall. or hold any peeve officar commiasion? �g CS 111is guy was first issued
If ye*, esplainw in 1992, this is a page
Have you ever W a concealed weapon license in tile or any otber county! ns �) from his original
If Yes. aaeplLU; application.
.law you ever baso denied a concealed weapon license? YES
TC yes. explain:
list all wrests, formal nhwfes, trials or eonviations for any criminal off*aessi Back then he was a
+ "union district
representative"; on his
_ renewal papers.,of 3/3/99
Ars you now or weree
you over addicted to illegal aareotioe ax+ alaohol? TU he's listed as "retired".
If Yoe, explain:
Lui*.y ,you over boon in a mental iieiepi.S. ..'boon f*grs x11 ft-under"
treatment for a s..atal Muses?
If Yoe. sa<plai,s Check out the "good
cause"
If You served w{tb the Armed yoroea, ware you over di*aiplined? Y"yg .,
Was yaw disabarps other than Honorable? }
If yes to either,.explain a This is somebody's
Are you now axperisnclug marital difficultise?
Are you now or have you recently barn involved in divorce/saparatiaa xis -' politically connected
IfyoutoProceedings? , buddy. I dunno who or
If you to either. eiuplaiaa r
Are you now or have you recently been under a restraining ender What else is going on,
a court? Yu but that's the single
If Yes. *Vlafui se
lameess C
t "good cause'
If this Counseled weapon.1"Moe is desired for self prateotion. the protection of statement in the pile.
othars, or for the pratsation of lards sum of moasy or valuable Property. you most
$c•ab+lain. flood cause nust be provided for Issue=* of license.
Do business and attend social functions with my ?dfe and sometimes my
children is hilt-crime violent eyes* of Contra Costa County.
Or 40 C Cltavieadl
b
' This one is
• " espe+ciaRy
interesting.
111ccc p- ,,,. The paperwork is
--s� - G, sketchy, there was a
renewal 2/2/99 but
no original issuance
y41 k„wYf.,.....to A. .iM. in X.gd papers at all.
yt�i+isa•ww-.-,M*.,Ma..
.*r5F+,1 # "°--'•'+""—�:rirve4f:een:N sf Mw. 'ga�.re. p+jiw.j .,n+rrogaMYrt,
4.'• a .•ew.'tw^"
- -30 So his original
"good cause"is
anybody's guess.
r.r'r'•. ....,•...•.�• •_r . ..... ... ,(�w+s i w rrw!MipN+M�Nnaw>.eiWY tlMi uawrr.to Wriwird..
nu ZQ7
. ••.,s-a:. » •... a r �YY�Y6e�i0pprtflinti Y4E �iYt*siMt of driNfM'SPYit11W1iH'�+IYMHn��AM�V
grit rrW aK rrM wiar ereio c i. i .ryf
.... . ... . : .._.... ... .. .: He's the Vice
_ president of a local
construction
company; the
president and owner
' is also a
permitholder PLUS
a campaign
contributor. The
_ owner is a friend.of
DA Gary Yancey.
Next, check out the "transfer from Clayton PD"note. Lt. Willett is the head of Rupf s Internal
Affairs department(formally known as "Professional Standards and Resources"). Willett is the
chap Rupf appointed as the main processor and go-between on CCW issues; he makes the initial
decisions, such as the one on 3/9/99 where he chucked me out of his office without letting me
apply.
Jump to the next page...
Al
�' - -
82/1612850 15:93 9?5-675-4651 PRONTO PRINTING PAGE 01
y .• This gent wishes to
i t 63.
A remain anonymous.
He's a Clayton city
resident,he tried to
`D 1 for CCW
1?o.BM 260 • OAyyw,Cavo u M17 apply y
TEEM=010 6n-"53 with Clayton PD in
'96 and got turned
down for the
A01 11,1"6 reasons stated. And
when he went to
Rupf,he was
discriminated
:. against as a city
c, ;a 94517' resident-=unlike
the guy on the last
Rear 1vtr. page.
Thonk you for your usquiry tt�d�gtitCo ut gkp -Win c to c l j`* an Fort to
provide you the.6iif hior�tim Y Richard Enft
See the problem?
cert Eonuif'ornB> Police 0°t��"�` °°'Anita' In '98 Clayton had
All requests am'D&w W4,kei4by.!. e data codi-t +mli!W.b Please W them
at s10-�2462 tt-aa tian+a C►. a permit
Please df iiatinca to y outstanding for this
guy involved in the
sintarety, construction
..:.. company who was
politically
Diane Btrirasm
Polim services Aid: connected in at
least three different
de
ways.
So it's not just the Sheriff that's the problem. As with Richmond (and most of the other towns?)
there's an interlinked series of cross jurisdictional agreements with the Sheriff. Personal friends
of law enforcement get passed around, treated like royalty even by other departments. In this case,
Rupf took over handling this guy's permit (from Clayton PD) without even getting Clayton's "good
cause" statement, if there ever was one. "Good cause" doesn't matter—who you are, who you're
buddies with does.
The entire system is desperately sick. Contra Costa isn't unique; see also "CCW In California: A
Disaster Analyzed" for examples of the same garbage in Marin., Sacramento, LA and other
counties.
s
C do.
*vr you ever bean a molar daPA7 sheriff, Police officer, coax.., This guy is OK,
rarshall, or hold ° °° r-1.4- "? ,F',8I " Oxlvo he's the "cleanest"
If y*,, •' "' .r �cr applicant of the
Bae You ever had.+� r 1 in or wy other casm'ty 7E8 ply
- lz,1.:6 bunch. No
If yes. explain= r Iy C7C'a L G
„ , campaign
��y �� denied a rwraPoa liaeasa? �
If yes. eve contributions,
f y� u � � �s former FBI, now a
Lir't ill , !ca's�l r�+er 'rte or omviotions 3'ar any cria#nal offimiaa=
PI. Sheriff Rupf
issued him a permit
or were you ever rddicted
or elxsohol? xis B0 � fairly recently,
Are you now _ _ nothing wrong with
ya•,
Bas you ever bass in a natal hospital or been regained to underBO /" that.
YU
treatise t for a maul is►ese?•
ll (`'.�✓j
If Yoe. svlain= But remember
If you served with the Armed rorcew. VMS you ewer disciplined? 7EB ( Clayton and
Us your d"Wmwp other than Bonomb s?
if yea to &itww. esplaia= Richmond being
Am yo=, =M esperienains aarital difficaltLes? yu supposed zero-
Ari you save or have lou recently been involved iu divorca/"ParatiOU �r-y
Pte? � (� issue?
if yea to Oitbar, esplainI
Are you new or bare ym.recsatly be= I a roatteluing °vftY' frar , According to this
a
if yeeaart?a. expls3n: gent, so is Walnut
•
Creek--look at
If this,aaaesaled weapon licve*a is desired for self pW4Rftw=, the proteation�t item#� on this page
otbu%, or for the proteatiOa of lame wars of mnnay or valuable PrapultY. :/aut p g
so esplain. Goad cavae mot be provided far Lesuamm of 110=54-
of his application.
M DBIiMM LYCEK98
This guy would
have no reason
whatsoever to lie
about this...
W 40 C Clsvised)
Care to guess what happens to ordinary civilian peons from Walnut Creek who apply for CCW
with Sheriff Rupf? Yep—they get dumped back on Walnut Creek PD for summary mockery,
regardless of good cause.
Now go look up the case of Salute vs. Pitchess, 61 Cal. App. 3d 557. According to the courts, a
Sheriff'cannot restrict CCW to government-related applicants. dere we see that an ex-Fed gets a
permit from Sheriff Rupf as a Walnut Creek resident when it's impossible for a "peon" to do
likewise—the same thing Sheriff Pitchess was slapped down for back in 1976.
9
This Isn't one I
enjoy discussing,
,. _ •,. but It's necessary.
A V !MF11�
Early in 2000 at his
Alamo home, Kim
nfifi
ieww.e, t1ssteip7 `. •::y+r,:.y::C,,: t° Fang faced down
Chr
4M, rew eweriNaaerewd M !!dMY'+
< < two armed home
' :.. •- •. ; +.« r.,. • Mr!Wy.,N lln eieweaereA�. i."""+%
invaders that had
^, •;�o� ;��'�?+;:'' •h1t•sYio r`es lcreerYyl�lr� M Mwi°r'lR'd
eura'eR , " L1A�StiF,I¢1 1°':.i''A:.Yltt�'r• '+:':..—+ •7,r'tk'
already fired shots
. � *• �°..;'" ire by most accounts,
' and were in the
process of beating
• M1.'� •,..;;�r.:..._.r; ..: �' rs:Cw:trarrerlptoa-iW+i.'�r»0 ' ... !
.,. ,.6 8eetleeie w did i a »ui:wear.ee w'r .a: ?: + on Mr. Fang's
: •'.•rr°•_.., _.. riM»�tY A'fJrNetirink eePY1'
brother.
00 Lo= WAM
rwrrrr+enaim " is orn9 _ .:J►u�+�v .ry•',�•. .
Fang came down a staircase alined with one of these .38spl revolvers and opened up on the
crooks. He killed one, wounded another but ran his wheelgun dry...he was shot multiple times in
the back as he retreated (presumably to reload).
In the crook's car was his address—he'd been targeted during an earlier furniture delivery. The
car also contained the address of a Napa woman who would have been next.
Make no mistake: Fang died a hero. His CCW permit meant he had a piece on him when the
excrement hit the rotary air movement device, and it's a good bet several people are alive today
because of his actions and preparedness.
However: Fang paid $700 into Rupf s campaign fund during the years he was getting his
renewals. He was an even more lavish contributor to Sheriff(now state Senator) Rainey who
originally issued him the permit. Fang was known for being politically connected, and in all ways
fits the profile of a Rupf permitholder: wealthy, connected and generous to Rupf s personal
political career.
His "good cause for issuance" isn't in the paperwork Rupf sent. Per one newspaper, it involved
"undocumented telephone threats" in the late `80s. Fang's permit was renewed 6/16/99, long after
any such threat was a factor.
The problem isn't that Fang had a permit, the problem is that other people without the money or
connections Fang had are routinely stripped of their right to self defense.
It's an equal protection nightmare.
One last thing: he's connected as they get, and...hey! What happened to the "two gun rule"?
is
Gf 'V G3C
This "good cause xr rno"was attached to the 1996 application of this corporate attorney living in
the wealthy enclave'of Kensington.
Translation:
1. Hoar in San Francisco,CA,rr (61) "I'm a rich lawyer,
2. Resident of Kensington since 1949 screw me out of a
3. Calif.Driver's License 2Je4=dMM permit and I'll sue
4. U.C Betkdley-add U.C.(Boalt).Berkeley Law Gradwdh p
3. Corporate Lawyer—Employed by USL Capital Corp.San Francisco,F.quipmarst----- the pants off of ya"?
Leasing -�
6. 'Flip Disability (Have DMV Placard). 7, Member.Chabot Gust Club for 10 plus
Years Or 15 It "I'm
REASONS FOR REQUEST
1. Work late at office in SF often,have to walk(or limp)from other side of potentially a major
Embareadem • sn BART source of campaign
2. Mugged,hit on head in 1990.but ran away.Mp disability makes it vary difficult to contributions"...9
run now. Take extra prscausdons,but had serious scare last week.
REFERENCES Does it matter?
1. ���El Cerritolliichawnd IMllir�+"
2. �.awbot Gun Club Tel. Didn't think so.
I recognize the serious responsibilities involved and am famiiar vd&the laws
asad legal requirements which apply.
Exocutedon February 27,1994,at�wisington„CA. I certify under penalty of perjury
that the foregoing is true ands correct.
w 7 I ,
� +w of wawrir. .
11
Juty 5,low
ApPICOOM
. t
n-w to be on the road front
N=CWftmia at all hod the day rind nipta. I hum to w�oric lei
rrow kndusBakerdeld tel teal from them m�urs e at -.
I have a d�hfer who 18 In t l*trt l'for'the�h the
As a SOMM d n is weAm on the roW throughoutatmoe
d
hours tom In order to keep her 2L we mist telae them ts.vtt
for trai*X;.mounts rides.and The f10�k�+ds of a too Wtltxon
the tow vehic le and oorxr often very j@ft•r4fton dowted
wbaft
oountkV to ue.
haw,we hmm of doh worth d _M
1 would So ym
ofsf for the�of M and propgrtY�orgy
for me but MY
Nothing new here.
Wealthy VP of a decent-sized company, lives in San Ramon, doesn't have specific good cause.
Mind you, I'm glad he's got a permit (and yes, he's kept it current with Rupfs eager assistance).
That's not the problem.
The problem is, Rupf isn't some Mafia don handing out (and renewing) largess at a whim,
sometimes for profit and sometimes to look good. He's supposed to be a professional manager of
a large modem law enforcement agency.
You decide which one Rupf most resembles, at least in the area of CCW permits.
12
�. APPLICATION
CONCEALED WEAPON PERMrr
I�at Naaa� >�Nam - Mtadla 1liama Nothing new. No
special cause,just a
tee. My ZIP -:-��-: _=� long-time crony
who Rupf considers
,,. . pNor
city _w,., w. . . . more worthy of the
eemb
r :z11 . %�.�. `�"r "-- privilege of self
w�bt �'""
defense than most
enol FQIt Zs x_CA3MN:EVIsin,'In detail,your need fora permit to carry a coaeealed weapon,
Damao Of polkxi numbers,if b own,
Ind tee any incidents,dotes,locations, � � reverse if headed.) Se s.
and auttnbass of AVW claimed nes& (UM
Last reissue was
5/29/99, long after
r �- ,,, ,� -��► . .� `rL1w,,�- ��?-. �,� -�atf� the 3/24/99 manual
talked about
needing "good
a causes' for renewals
as well as the initial
app.
I y certify undo penalty ofpadury dut the anawas I have given harein,including the background
iavestigstfon iaintuaation.are true and correct to my beat knowledge and bmf and that t understand ae►d But that's 4K.
to ft provisions and conditkxu heroin or ad"s`W'ae inapoa & I bave read and then
applicable atanuw made and provided in the study guide wraeaming the imsew to OuTy a
fitrat in" of G''Ifinmi` - n Rules are for little
ApOTraot's Signature
-- wets people.
Datedat bdae7Hnaz__.. California,this day of Llx r.�.�--->t9a
13
. APPe.tCATION
CONCFAUDWEAPONPERwr
Can someone
please explain how
Rupf can arbitrarily
UfaFatte, CA 94549 decide whose life is
PA dawn Aft21p rear TeiepFrone t6etrbelr
more worthy of self
&WrAftA tW Qv NO amh=T NW*w defense?
VW�� 2a0 GRAY sum
Drtedt9db tidplst 1AWpht tisk' EYw
E�Ieh h defeA}wx need(ar•perdu b+wY a aoreertrd •kAWs ary kWd",dekw,Ioa bone,lawn
d PO=Numbs,red hddW rrpW rem***,Nb M.red kdq*aw mrnbW Q(M a+r iM IW dse euppddydut drkeal deed.Va nwo- e l
leafed.)
WIFE AND I TRA THE 11T TE AT no XT Z5 NECEN9ART
FOE 80 TO USE A iiRIM CUM AT TSE IREEEbT DAY, IT WOUM AMMA TEAT TAAT T9
DTAAgUjaMX CRTA Betdmy-1L�f►r'-".6r
CM 17"IS AND„J= RM ZMg
�r«waM...rwwu+wwN+
I benby oK*valor pwj*rt pa”IW ft awerr I hwv*M hark,k%k ft t*bMdVMuMd hredapelrn kdbenrdday:a r:,..end aorsrd
is dry bat WwAsdpr and bdd aid lief t drder**-4 end spew b IN p vAdm ax!wod ba bwAn or cbWMa kepand. I hew MW.rd
Woodard to epp6"dmk*e m t e v prodded k,ftsk�l pude 00"WAV toolordw io wdy a axodrd firnnn In lre No aft
Mplke,rir t} '` vYeie
aiMedrt v kl4lskt deyd 1916
4
14
Last but most certainly
NOT least, there's of JB,
4 Februaryt9" Stand up and salute!
Kensington
Sheriff Warren I.Rupf This cantankerous of dude
Contra costa County was denied by Lt. Willett
651 Pine StneK floor seven
Mwdrw,CA 94559 for"lack of good cause".
Dear Sheriff Rupf:
He wrote back with this
Thank you for your reply to my recent request for a permit w+ Y a Wonderful letter running
concealed weapon. :_. . ... . .
: While your answer�comes as no surprise,it Is never the lessdisappoindng. four pages.
And 1 do wish you would reconsider my request,
At least Thiry one stades have"shall Issue•law&in nesse states,If an My guess is, Rupf asked
ordinary law abiding citizen wants a permit to carry a concealed weapon,It must be himself"lesse do I want t®
issued to him or her.Three of those states are Washington,Oregon,and Nevada.. e
wrassle with this ornery of
If it become nocessarY,I shalt establish legal residence in one of those states coot Who probably has
and apply for a weapon permit in that state.
I will not here Invoke the SecondAmww anent to the Ur*ed States enough money to hire
C..onstftution, far too many people have forgotten that that document Is the MicroSoft's legal team?"
SUPREME LAW OF THE LAND, and far too many people have been'w nxgOy
convinced that the Founding Fathers did not mean exactly what they said when
they stated Iii that Amendment•..,the right of the people to bear arms shaft not Rupf s answer was "heck
be infringed n0"
What I will Invoke here is the Consdtudon of the State of California.That
document,in Article 1,Section 1,states: All people are by nature free and
indlependent and have Inalienable dem Among these are enjoying and defending JB got his permit, issued
fife and liberty,acquiring,possessing,and protecting property,and pursuing and
obtaining safay,happiness,and privacy. X13/99.
The Constitution of the State of California is also the law of the land,and it
states in clear unequivocal dims,that I have an inalknable right to defend my life
and that of my family,to protect soy property,and obtain safety.
Since MY RIGHT to do these things is Indisputable,the ng estion now
and obtaining: IS this a problem? Except
becomes: what means may I use to do the defending, g
for whatever poor fool
mugs this guy and his Sig
I 9mm, of course not.
The problem is, the right to self defense shouldn't(and legally can't) be restricted to those wealthy
enough to afford lawyers to beat law enforcement over the head with.
That's the crazy part.
15
Without a concealed weapon permit,what may I legally use to defend my
life t o rock I A stick t o dub I A knife I My bare hands I
Not tong ago,a Chinese Communist company In Seuthem California was
caught red handed[pun Intended]attempting to arm Asian street gangs In
California with Two Thousand Chinese manufactured A K 41's. That company Is
still In business because of"friends in high places".Do you seriously think that
company has stopped Its attempts to arm time gangs i
And of course,net only Asian gangs,but the Black gangs and Mexican gangs
as well have all sorts of weapons.In some uses they are armed with firm power far
in excess of that allowed to law enforcement officers.I am fairly confident that none
of the above have given much thought to the niceties or legal necessities of
"•"... ofitaining a pe�nrsit�'c�►nceaied'i5i`othecW°iso"�-ftfC the We�arne tireryr .. . . . .. .
All of my Immigrant ancestor's,except two,were in this country before the
War for American Independence—a number of them even fought in that war 1; 1
am a native Californian; I have been a resident of Contra Cosa County virtually all
of my lifer 1 am an honorably discharged veteran of the United States Navy, and I
pay ower Tenn Thousand Dollars t S 10,000.00)per year in taxes to this county.
Asian gangs have guns.Black gangs have guns, Mexican gangs have guns—
soma of time aro automatic weapons.And,without a weapon permit, I aur
allowed,perhow,to use racks,a stick,a knife,or my bane hands,to protract my
awn life and the lives of my family.
Is there something wrong with this picture I I THINK THERE IS SOMETHING
VERY WRONG WITH THIS PICTURE I
And,if the threat from these all too numerous gangs were not bad enough,
there are the assorted crazies,lunatics,and subhumaans,who apparently kill for the
"fun"of IL As witness the recent tragic cold blooded murder of the police offlaeurs
In Dublin and Oakland.
And of course law enforcement officers are not the only ones at risk—even
though their risk is considerably higher.Recently a mad man named Merritt started
shooting at cars containing ordinary people on Highway 80 near Reno.
A little over a year ago,a woman living a better part of Lafayette was
brutalized and murdered in herr own'home. Why i she was"silly• enough to
think drat she was living in a safe neighborhood,and Y dumb*enough to leave her
garage door open.And the animals who committed the crime—transients 1 believe
they were called--were caught only because of a"tip off".
2
16
A year or so ago,a women was shot and kilted after turning off of Highway
580 on the marina Bay Parkway In Richmond.And to this day,to my knowledge,
the guilty have not even bean Identified much less caught and punished.
Not to belabor the point,but the Readers Digest,October 1998,had an
article entitled Don't Be a Victim of Highway Crime.The article begins with the
story of a woman who was kidnapped and raped after stopping at a rest stop on
1-5.
The article then goes on to say that'...our nation's ioeds and highways..
are made,crsortfrr for criminals looking for opportunity.Twenty years ago
car/actrings,bumping,and highway shootings were comparatively am.Since then
the severity and frequency of car crimes has eVioded.According to security expert
'touts'M1ze1l,7n&%'f24&V6tk0W6d between 1995und7998,-mo,re11leer200,0ilt–..v.......—.
highway crimes were-committed In the United States with 20,000 innollring serious
*#wise*,indu&ng murder."(emphasis mine 1.One dam not have}to look very(at
for the reasons for this"explosion"In car crime.
" In my letter of 5 November,l mentioned being seriously threatened recently
on the highway by non English speaking Individuals.This Readers Digest article
certainly makes It very clear that serious threats on the highways are very real,very
serious,and in many+eases life threatening..
And on and an 1 in fact,recently there have been two armed robberies in
Kensington–something.inconceivable only a few short years ago.One of those
robberies occurred at a shop on Colusa Circle, the other happened as a man was
walking up Berkeley Park Boulevard.As the man walked by an apartment house,
two young thugs stepped out of the apartment house pap and stuck a gun In the
man's face,and then relieved him of his valuables.Both of those robberies
just about two blocks from where I live.
In the answer to my November 5 th 1998 letter,yaw Lieutenant,Wayne
WI111%stated that my"...need,as stated In(my] does not meet the
criteria for issuance...".With all due respect to Lt.Willett,there was something
Important left.out of that sentence.
The phrase"in my judgment"should have been added because that is
dearly what Is meant.Or in other words: someone else Is to be the judge of
why or not I have need to protect myself In a certain way.Again with all due
respect to Lt,Willitt„i am a far better judge of what Is necessary for my own
protection than he,simply because I am personally involved,and,because I have
tmWdembLY.more at stake.
But the California State Constitution says nothing about need–need isnot a
requirement.What It does say Is that I have an Inane nahip dSU to defend my life–
3
17
and by clear definition,the lives of my family.so again,the question Is: what may I
use to do the defending i
I am a very strong believer idfhe Rule of Law.I am also a very strong
believer In its=0110y,Rasped for the Law.But as we both know,The Rule of Law
in currently under serious attack–in many Instarum by people who have sworn an
oath to defend It Arid it Is becoming Increasingly difficult to rasped laws which in
effect,prevents ordinary lawn abiding citizens-- simply because&W da uthidn hX
true:1AW—frog"protectingthemselves,wNle those same laws are apparently
completely ineffective in keeping weapons out of the hands of gang members,
Illegal aliens,felons,and the criminally insane who are roaming the cities and
country side apparently at will.
txupY-of a thou&pravokinraf6cd Tort — _..""."
ordinary citizens,weapons and self defense.,Please consider-carefully what is stated
In the article,and what I have said in this k tta;and 6mi Sheriff I£upf,please
reconsider my request for a concealed weapon permit
yours sincerely,
cr. Chief Barry GarRgld
Kernel a ol�t
Kensington,CA 94707
CONCLUSION:
Sheriff Rupf has collected at least $21,000 in campaign contributions from his relatively small
pool of permitholders. As of early 1999, there were 236 outstanding. I haven't been able to track
corporate money that may be linked to specific permitholders, and I don't have the 0 quarter '99
campaign logs yet.
It doesn't matter. This file, combined with"CCW In California: A Disaster Analyzed" (both on
my website below) sums up enough of what's going on to make even the most brain-dead Sarah
Brady zombie clone realize that even modern law enforcement cannot be trusted with "discretion"
in permit issuance.
It's an invitation to corruption, to arbitrary use of extreme power, racism and a host of other ills
the body politic can ill afford.
We, the percentage of the state's population that believe in our right and need to self defense are
through asking for reforms. We're telling law enforcement, the legislature, the courts and
anybody else who'll listen: FIX TRIS MESS.
Jim March
Thursday, April 20, 2000
Webmaster, Equal Rights for CCW Home Page
hqp://www.ninehundred.com/—egualccw
18
1
4 ,or - -
LJ
APPENDIX: EXCF..RPTS FROM SHERIFF RUFF'S CURRENT POLICY MANUAL (3/24/99)
V VM&MMATION OF RBASONABU CAUSE
A. Cenemb The esta "cif reasonable cause for the granting of a CCW paxnk is the
most aspect of the permit proem because it is subjeedve- Every aapplicara bebwes
that helsho'has good cause. The Sheri"s determination is based on balangmg the individual's
perevaon an overall comderstion of public good and=&ty.
B. Prima Facie Ressousble Cause; There are chwnutw=dust the Sheriff may consider as
prima facile evidence of reasonable cause ibr issue of CCR'pearmit. Thane include the
following:
1. App&zd is a SaWgg&targcbd victim,as dowwatted in official criminaliustice
records,and there is an accoupwykerecommeYtdadiwm of an investigating peace ofcar
(endorsed by his/her Depsrtmag Head or Commander)that a CCW paw*is wanvl ted
fDi reasons Of personal
32110Y-
2. AppHeant is an actm or separated member oftbo cel'Ju sdoe system
duoctly responsible for the invesdgation.arrest,incarcerotiou.prosecution or imposition
of scnm=on minind oftiders and has received threats ofbirm to person or farn'sly as a
result of official duties.
3. Applicant is a member of tbd tMediSte famiiiy of an sdi"or Nonoral*
memberof the cximinai jusdca as above;and as a resuk of thin familial
relation*ip,bas been the viten ofedminal auk or threats as documented 3n official
justice recor&
A. Nos-krises/Facile blea ause: The majority 0f CCW applications come fro m sorme
excuse than is not prima facie,as&mrlbed above. Such come my vary based on the==
between one or more of the Wowing degree or f vque nc y or to harm,
wgAoymeut,domosmphics and viodwhation or risk to applicant averted by the grarding of a
CCW'
1. In making a ' n as to the reasonable cause,the Sher ff'will consider all available
ianfornauum and,what there exists a suffl=ent mms between the approval of a CCW+end
the avoWsnee of ' n.maim that decision mole bean&&to public good and
satiety. The urr-fear ofvkdmbWon,or desire to emy a firearms,sha>i be'
Howam,the Shcriff,in making s det=jnsfion sbaB rely first on objective start6rds,
personal history+.tradndmtig and prokwional evahmdons of the applicant.and seoondart3q►on
mNecave filctm.
Ignoring the strong preference for law-enforcement issuance that's by no means allowed per Salute vs. Pitchess, 61
Cal. App. 3d 557:
If"professional evaluations",personal history and training(which is capped at 16 hours under state law) are to be
treated with greater importance than"subjective evaluations"of a person's need for defense and it's practically
impossible to get your need for self defense listed as"prima facie good cause",then a"professional evaluation"of
a banker living in a rich gated community will make such an applicant win out over a teller living in a nasty crack-
blighted war zone.
As you've seen,this is exactly what's going on.
19
VX RENEWALS
A. Genefai.`:All permits imied may,absent other ' a action„be ranewed and
rchvied as long as the jnstifirAtion fDr the permit has not materially chwigod. However,the
Sheriffmay require a dull bacitground invest4ation pdor to an renewaL
B. Fees: The Shadtf assess such fees as are necessary to recover the costs sssociatted with
renewal of a conceded weapons permit. Those cast will be listed in the application
Instructions.
C. Property Rights;An applicant,ever;if owe approved for a CCW permit,neither cams nor
C`,mrba Costa Cow*consists of urban,m6aten,rural and v4Wwnm arms. 'What easy be raasmable.
ause in area arm oftha County may be wholly,unressonskito ice another arae.
i In SweaL ams asgodiawl with true normal course of living,wig and mWIuci lag binktu shall riot
amstitm suf5olmt•or m ft iWaialm of concmled weapons permlL
Howeva.the totality of almmu anew suraormding the applicant and du appliativn will be 000nsklwo .
For example,a CCW will sat be issued sal*becatise the applica U"handlae money,"bod easy be issued based on
ttw vohnw of monw,fivqu any,aof Wtumadves,history of . ' and related tltutors.
Corr=pondingly an issued permit may be either or subiert to spedtic limitations.
bolds any property right to a permit andlor its goal.
D. LiberteRights: An appHow t,even ifonae approved for a CCW permit,U0AhW earns nor
holds any actual,inf n-ed or nanplled Iibe ty rights nmitwg DOW,or m relation to,a pane d
and/or its
First,REMEMBER FOOTNOTE 6. As you've seen, it's often treated as a joke.
Even better,holding a permit is NOT supposed to be a"tenured position"per"A" above. Renewals are supposed
to be only so Iong as the specific danger exists. In reality,people whose circumstances have changed are keeping
their permits ""forever".
XIVjWMBER OF P S ALLiJ► PER PERMIT
A. General Permits shall normally be limited to no mare tbtrn two Auy to
this standard shall,be considered a waiver of conditio=and mp=m the express appmvai of
the Sherif
1. All weapons authorized by the permit roust be registered to the
Two guns only,huh? First,it doesn't make a lick of sense,especially if more than one of the guns are of the same
basic operations type(such as DA revolver, SA semiauto,DAO semiauto,etc.
Second, Penal Codes 12050-54 don't grant a Sheriff the right to restrict carry weapons in such fashion.
Third,Kim Fang was subject to no such limit,and he had no law enforcement background whatsoever.
20
XIX SHERIMS JURISDICTION FOR ISSUE OF CCW FEMMI
A. CeneUd: The Sbeifftnay issue permits to any eligible resident of the County. The Skiff
shall not issue a permit to any personvkbin a probUted class as defined by Pend Code
Section 12021 or 12021.1 or Section 8100 or 8103 of the Welfare and Inst ions Code.
1. E=Vt in cam with extraordinaryjusti$catlon and/or MW where P=a feels rettsanable
cause for issue of CCW permits edits,the Sheriff WM not issue a lieentsz to any person
wither a tntmicipality. .
L Persons residing in a municipality mit conte their Beal Police C;bidand arrange for
the lit:ense dM.r'
b. In some instances the local.Police Chief wM aslt the Sheriff'to issue a conceded
weapons licenst in his behalf A letter from the Police CMdto the Sheriff is required
in such Maes.11
2. If notified by the Depawmd oflustice that a ccurmt license hnkkr is within S probU*d
class,the Departmaw shall revoke Whet license sued may take whatnw legal steps ares
available to recover the lice=
vnxis falls=(,ar the cftM of aoamfinM justihc adm"should the SWff lssrrs a permit
18
This is the big killer: this is the primary method Rupf uses to eliminate working-class applicants from any
possibility of issuance. In Contra Costa County, almost all the lowest income areas are in towns with their own
Police Chiefs and have higher minority residency rates. The Sheriff attempts to limit his area of jurisdiction to
wealthy unincorporated townships such as Alamo and Blackhawk, or the wealthy towns that hire his office for
police services such as Danville, San Ramon or Orinda.
Except it's illegal as hell. First thing,there's no mechanism by which a Sheriff can dump somebody off on a
Police Department Chief in Penal Codes 12050-54(the CCW system). There IS a system whereby Chiefs can exit
the CCW biz and pass the whole process off on the Sheriff;problem is,it has to be ALL issuance,applications,
renewals, etc.—what Rupf wants is an"individual passing of applicants with attached letter from their Chief'and
that's 100%illegal.
The fact that these rules would cause a racial "unbalance in permit issuance is just icing on the diseased cake.
Finally,when my case went to trial on 12/22/99, 1 was able to prove that Rupf s people hadn't allowed me to
apply. The reason given was"Richmond(where I live)is my proper issuing jurisdiction". The Judge ruled that
since I hadn't been allowed to formally apply,until that happened I didn't have standing to discuss the bias,
racism,illegality and unconstitutionality of the Sheriff's stated policies or de-facto procedures. So the case was
dismissed without prejudice pending such an application and formal denial, if any. After court,I walked over to
Lt.Willett's office and they handed me a blank application without comment.
Fine. But if Rupf s policy of"town residence discrimination"was legal,the Judge could have chucked me out
WITH prejudice and there wouldn't even be the possibility of a second trial. He didn't do that. I think Judge
Patsey(ya,that's his name)didn't want the hassles and he was sending a message to Rupf to clean up his act.
21
AMENDED CLAIM
- --
CI AIM
BOARD OF SURE OM OF CONTRA MSTA ('n=o CALIMNIA
BOARD A00JUNE 6, 2000
Claim Against the County, or District Governed by
the Board of Supervisors, Routing Endorsements, ! NOTICE TO CLAIMANT
and Board Action. All Section references we to ) The copy of this document mailed to you is your
California Government Codes. ) notice of the action taken on your daim by the
Board of Supervisors. (Paragraph IV below), given
9rsuant to Government Code Section 913 and
15.4. Please note all "Warnings".
AMOUNT: $132,833.43
CLAIMANT: Alice B. Miller
ATTORNEY: DATE RECEIVED: MAY 4, 2000
ADDRESS: 183 Silver Pine Lane BY DELIVERY TO CLERK ON: MAY_4. 2000
Danville CA 94506
BY MAIL POSTMARKED: bland-Delivered
L FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
MAY 4 2000 PHIL BATCHELOR, Clerk
Dated: f By: Deputy
_40
IL FROM County Counsel TO: Clerk of the Board of Supervisors
( ) This claim complies substantially with Sections 910 and 910.2.
( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The
Board cannot act for 15 days (Section 910.8).
( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of
claimant's right to apply for leave to present a late claim (Section 911.3).
( ) Other:
Dated: By: Deputy County Counsel
M FROM Clerk of the Board TL): County Counsel (1) County Administrator (2)
0 Claim was returned as untimely with notice to claimant (Section 911.3).
1tv BOARD ORDER By unanimous vote of the Supervisors present:
This Claim is rejected in full.
M Other:
I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date.
Dated: ., (0 PHIL BATCHELOR, Clerk, By L Deputy Clerk
WARNING (Gov. code section 913)
Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited
in the retail 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 N AILII'+IG
I declare under penalty of perjury that 1 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: -7rBy: PHIL BATCHELOR By „� Deputy Clerk
CC. County Counsel County Administrator
Office of the County Counsel Contra Costa County
651 Pine Street, 9th Floor Phone:(925)335-1800
Martinez, CA 94553 Fax:(925)646-1078
CONFIDENTIAL
Date: May 4, 2000
To: Clerk of the Board of Supervisors
Attn: Ann Cervelli, Chief Clerk
From: Victor J. Westman, County Counsel
By: Monika L. Cooper, Deputy County Counsel (Y) epit-4--
Re: Claim of Alice B. Miller
On April 25, 2000, the Board of Supervisors acted upon and rejected a portion of
the attached claim (September 27, 1999 through November 30, 1999). The remainder
(September 1, 1999 through September 26, 1999)was not addressed, because it was
untimely.
The claimant has since provided additional information. Because the entire claim
relates to allegations of property damage, this office determined that the entire claim
should be re-submitted to the Board for action. Please prepare an amended Board Claim
Sheet for the attached claim and set it for the earliest possible Board Meeting.
Thank you for your assistance. If you have any questions, you may reach me at 335- 4
1852.
Attachment
HATorW&iw*WtmC41.x*d
. RECEIVED
FMAY ,._. 4 f ern
t
—.J
CONFIDENTIAL
CONFIDENTIAL ATTORNEY CLIENT DOCUMENT
Claim to; BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY
TM]STRUf`7'10NS�'U_CT ATMAtNT
A. Claims relating to causes of action for death or for injury to person or to personal property or growing
crops and which accrue on or before December 31, 1987, must be presented not later than the 100th day
after the accrual of the cause of action. Claims relating to causes of action for death or for injury to
person or to personal property or growing crops and which accrue on or after January 1, 1988, must be
presented not later than six months after the accrual of the cause of action. Claims relating to any ether
rause of action must be presented not later than one year after the accrual of the cause of action.
(Gov't Code 911.2.)
B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106,County
Administration Building, 651 Pine Street,Martinez, CA 94553.
C. If claim is against a district governed by the Board of Supervisors,rather than the County, the name of
the District should be filled in.
D. If the claim is against more than one public entity, separate claims must be filed against each public
entity.
E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at the end of this form.
#######*♦�k*�M#r�tk#k##k+kik*kW*t#kM+k*�R****��tkt�sk#**krtkts#ikM+MM�Mff##Ns*M+F+R*+h*k#k*�kkk**kt#kkk�Ytk#
RE: Claim By Reserved for Clerk's filing stamp
REDEI'VED
Against thg Pounty of Contra Costa or ) MAR 2 7 2000
District) CLERK BOARD OF SUPERVISORS
(Fill in name) CONTRA COSTA CO.
The undersigned claimant hAin
makes claim against the Caanty of Contra Costa or the above-named district
in the sum ofS� upport of this claim represents as follows:
1. When did the damage or injury occur?(Give exact date and hour)
�-Z-)c P`C l %4z � - tAb V 19,`7 `7
2. Where did the damage or injury occur?(Include city and county)
t S 3 S t trv.s 't t4 l- OU . Coit,.0 k v,ue, tcL q% t t im
3. How did the damage or injury occur?(Give full details; use extra paper if required)
ve*�.V �+, v . �, rr�„�,, `cvt e 0.a. 1
i3 �d rr/`t tri.
0od16?'OZ 1012 rr�>a
G" 0
4. What particular act or omission on the part of county or district officers, servants,or employees caused the
injury or damage? „ t; u,& - V t ` AAL-tTvti1 W,e�"tv 1rt
fA.V PeO-M,.c t eve —Tb tri lira_
a rM V+c�e at+n� G.'A 0 & Po u v
5. What are the names of county or district officers, servants, or employees causiniltj the damage or injury?
tic N � `- C.Z Q-" RPS Cb %C-&-
6. What damage or injuries do you claim resulted?(Give full extent of injuries or damages claimed. Attach
two estimates for auto damage) � � _ W d,4 - .L�
V;-Y.. — ft0t�- # vf�-tp
-4We c •o cy - tAD ci 1Li+e 'Y �'rt, ae tt S
7. How was the amount claimed above computed?Oelude the estimated amount o any rospective inj
damage.) p 0*3 T •t to %T&- Z _ `'C a L.
-V-0 c- e—
8. Names and addresses oWtnesses, doctors, and hospitals.
TXi,&O CJ
9. List the expenditures you made on account of this accident or injury.
':�.. ME AMQM
It y�694 1-17.7.O .;I fpm 7S-0 Kc7eR Roe)
��*��*��' * •�**TF.F��*�`�**�*��*****T�'�� 'Ff�* ** �� *�� ��� *�*Ff** *�L �`"� —ter....
�a 3• a 1 n m ,O/A�-&t ) Gov. tide Sec. 910.2 provides"The claim must be
TO; msigned by the claimant or by some person on his behalf."
e ,
Name and Address of Attorney )
(Claimant's signature)
} (Address)
Telephone No. )Telephone No. .�.��5` J 4 `11314
NOTICE
Sedan 72 of the Penal Cade pnwidet:
Every person who,with irkerA to deftud,premu:for allowance or the pa)'mmt to any state Mrd or officer,or to my
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 imprilOnment in the county jail for a period of not more than one year,by a fine of not
exceeding one thousand(SLODO ,or by both such imprisonment and fust,or by imprisonment in the state prison,by a first of not
exceeding ten thousand dollars($10,000),or by both such fmpAwriment and fuse.
ALICE B, MILLER
183 SILVER PINE LN DANVILLE CA 94;
TELE: 73"167
FAX 925-736-2149
10-26-99
TO: BLACKHAVW CHAD
ATT: MLLIAM R. GRAY
WOULD LIKE TO MAKE YOU AWARE THAT IN THE THREE
WEEKS OF CONSTRUCTION, ON TH E HILL ABOVE US FOR
THEIR RETAINING WALL, THERE HAS BEEN A LOT OF
VIBRATIONS FROM ALL THE HEAVY EQUIPMENT AND DRILLING
THAT WAS GOING ON..
REASON I AM CONCERNED 1S BECAUSE I HAVE TWO SMALL
RETAINING WALLS ON THAT SIDE OF THE STREET: WE FELT
THE VIBRATIONS IN THE HOUSE AND OUT`SIDE ON MY DECK
OF THE POOL AND THE UPPER DECK BY MY BEDROOM.
/HOPE NO PROBLEMS W/LL RESULT FROM ALL THE
CONSTRUCTION ABOVE. PLEASE KEEP FOR YOUR RECORDS.
I WILL BE SENDING ONE ALSO TO THE BLACK HA WK ASSOC.
FOR THEIR RECORDS.
THANK YO
ALICE MILLER
81ackhawk GRAD
Geologic Hazard Abatem t District;
hl': v I ' tember 17, 999 r
Ms. Alice Ntiller .
1 t
183 Silver Pine Lane
Danville,CA 94526
Dear Ms. Miller:
As you may be aware,the B ackhawk Geologic Hazard Abatement'District (GHAT.)has
been working to repair a landslide that occurred in early 1998 behind two residences at
die end of Silvor Pine Lane. The GHAD was formed in 1986 to pre.ent and/or repair
landslides within Slac khawk. Because of the large number of siidcs that the UftA l n id
to respond to last year as a result of the hea\-r"El Nino"rains in February of 1998,the
Silver Fine )andshdc was winterized and the final repair project deferred to this year.
The GHAD's geotechnical consultant,Bngeo, Safi., San Ramon,recommended
installation ot"a tied-back steel reinforced concrete pier wail to repair the landslide.
Contract plans and specifications were developed by the GtiAD and a request for
proposals was issued in late August. Bids for the project were received on Monday,
September 13, 1999, As General Manager of the GHAty; we intend to recommend that
the Board of Directors (the County Beard of Supervisors) authorise us to award a
contract and proceed with the repair. Work could begin as early as September 27, 1999,
Weather pern:itting, the project will be completed in early to thiel-November. Our
contractor has been instructed to have:his workers park off-site (riot on Silver pine).
However,since the project involves the installation of over 40 long steel piles (each
approximately 40 feet long), you should expect considerable construction related traffic,
We ask for your patience and cooperation during construction.
If you have any questions about this project or the UH A33 itself, please do not heaitaxe;to
call. our Construction Superintendent, Michael Sands,of Sands Construction will be on
site daily acid available to answer questions or respond to your concerns.
Very truly yours,
William R. Gray and Company, General Manager
Blackhawk Ge:olo `o Hazard Abatement District
-2)A
By; William R. Cray
President
j$20 eor*riZa Street.Suite 204 Walnut C*104k, California 84506 Ph, (825)974.038t, Fax:(02S)647.3177 ghad*WrQM-/.00m
c�
TO: CHAD
DATE: 12-20-99
FROM: ALICE MILLER.
183 SILVER. PINE LN
DANVILLE,CA 94506
I HAVE BEEN TAKING A CLOSER LOOK.AT MY HOME,THERE ARE MANY
CRACKS& WIDING OF CRACKS ALL OVER MY HOME STRUCTURE,
DRIVEWAY,POOL DECKING AND GARAGE FLOOR. AND CAUSED MY
RETAING WALL TO LOOSEN UP .
EVERYTIME I ENTERTAIN OR HAVE PEOPLE OVER I TAKE ABOUT 80 PIECES
OF TAPE OFF MY WALLS IN THE INTERIOR AND EXTERIOR,WHICH I HAVE
PUT UP FOR YOU TO VIEW THE AREAS . IT IS OVIOUS YOUR. HEAVY
EQUIPMENT,SEMI TRUCKS ,TRACTORS,DUMP TRUCKS ,BACKHOES FOR
A PERIOD OF 3 MONTHS HAS NOT ONLY RUINED MY HOUSE ,BUT YOU
ALSO DAMAGED THE PAVEMENT ON THE STREET IN'FRONT OF MY HOUSE.
TO A POINT WHERE IT WAS WORE OUT. EVERYTIME THEY WENT UP THEY
HAD TO ACCLERATE,INORDER TO GET UP THE HILL, SOMETIMES THEY
HAD TO MAKE TWO ATTEMPTS,THAT IS WHAT CAUSED A LOT OF
VIBRATION IN MY HOUSE,WHICH.CAUSED THE DAMAGE.
ONE DAY ALONE IN A 4 HOUR PERIOD THERE WERE ATLEAST 20 CEMENT
TRUCKS UP AND DOWN THE HILL,ON THE LAST DAY THERE WERE ABOUT
30 TRUCKS UP AND DOWN WITHIN 4 HOURS ,PLUS EVERYDAY HEAVY
EQ!UIPENT,TRUCKS SEMIS ETC.
PLEASE CALL ME AS SOON AS POSSIBLE,
v
ALICE MILLER.
CC TO: BLK HOMEOWNERS ASSOC,
STEVE BEINKE
4128 Blaakhawk Plan Cimle,Spilt M,Danvift,California 64M
Talephom:(228)7364440;Fax(025)7364428
S.mNI Address:bhhoa412 i.00m
Undt P►setder+t Mark A.Goldberg,CPM6PCAMV,Commuft Ment
MEMORANDUM
January 3, 2000
From: Dave Hossfeid, Community Services Director ,
To: All Residents; 142, 143, 183, 184, 188, and 190 Silver Pine Lane
Ref: Notice of road repairs on Silver Pine Lane
Please be advised that on Wednesday, January 121'road repairs to the upper portion of
Silver`Pine Lane will be completed. The repair work is scheduled to begin at 8:00 a.m.
and to be completed by 4:00 p.m. All residents at the above addresses are asked to
please park their vehicles down onthe lower portion of Silver Pine Lane between the Cul-
de-sac and Blackhawk Drive, on January 11"', the evening prior. Repairs will be
extensive in some areas which will not allow vehicles to use this portion of the road from
7:30, until 4:00 p.m. However,the paving contractor will allow Homeowners access (on
foot) to and from their homes during the project,
Please make arrangements for any deliveries to your homes to be made for either the
day before or after January 12". You may also want to inform guests they may have to
park and walk up the hili during the hours of the project.
We apologize for any Inconvenience this may cause. Thank you for your patience and
understanding. l may be reached at the Homeowners Association Office if you have any
questions or comments.
J• Fuca"
ii 4126 Slackhawic Plus QrNe,sub*290,D�pnWIle,Ca�ilfornia 94606
`teiaPhone:1925)736.6444;Fax(026)736.0428
0 E-M"Add("*:bhhosepsebell.nat
Lind P t Mark A.{r kion PM(j> AN{ffit Community Msnpaqf
January 26, 2000
William R. Gray, P.E.
Geological Hazard Abatement District
1820 Bonanza Street, Suite 204
Walnut geek, CA 94596
RE: Alice Miller - 185 Silver Pine Lane
Dear Bill:
I am in receipt ofthe attached reports delivered to me by Alice Miller,185 Silver Pine Lane,Danville,
CA 94506. The first report is from Kaslan Associates,Inc,and the second is from Puts Construction.
The K.aslan report specifically says that berth the interior and exterior finishes of the home have been
damaged as a result ofthe vibrations of the earthmoving./grading equipment. We also have the report
from Puts which talks about the"multitude of cracks that were quite recent looking", This report
also discusses the condition of the retaining wal l in 1997 and the subsequent premature damage that
has recently occurred.
I then went back to the report submitted by ATI,wham CHAD contracted with. In that report Mr.
Lewis discusses the heavy vehicular traffic. He adds the following. "We believe that the vehicular
traffic may have aggravated existing conditions. For example, existing hairline cracks may have
lengthened or widened.
My Lard of Directors has asked that I forward these documents to you. I am not an engineer,but
the reports submitted by Ms. Miller seem to strengthen the findings in the ATI report, which you
commissioned.
Based on the findings from both of your expert's reports,it would seem prudent to me that CHAD
should take another look at the claim Ms. Miller is making that her property has been damaged due
to the heavy equipment. On behalf of my Board of Directors I request that you again review your
findings and decision as it relates to Ms. Miller's damages.
Sincerely,
Mark A, Goldberg,CPM(&, PCAM(R,
Community Manager
cc: Board of Directors
E:%O H A D\OHAD-,blue Miikr.wgd
Mark Scott Construction, Inc.
2263 North Main Street
MARK SCOTT Walnut Creek,CA_ 94596
construction,inc Tel #925--944-'0502 Fol# 925-944-0908
contractors License#682814
I _
FAX `TRANSMITTAL
` Gate: lJ
From:
To:
Fax # E
Number Of Pages To Follow:
} Ntessage:
-'• Iii all pages am not received, please call (925} 944-0502.
4 • '
This message is intended for the use of the individual to whom it is
aiddressed. the information is privileged, confidential;and exempt
frorn disclosure to other persons under applicable law.If the •.
reader of this message is not intended recipient.you are hereby
PO.NZ a notified that any dissemination,distribution,or copying of this
wala,a Cz"k CA M6.46 conn riunication in error. please notify us immediately by telephone
AWP2sjoa and return the original message to us at the above address via the
PDX 9M 944-OM U.S. Postal Service. Thank you_
,x.oesu�•
TO 3EYcd 80E0VV69Z6 5Z-TT 0OU/17VE0
mark Scott Canotxuctiou Inc.
2263 N. Main Et.
Walaut Cr*ak, CA 94596
(923) 944-0502
(923) 944-0906
03124/2004
Client: ALICE MILLR Res. Ph: (925)736-31d7
Address% 183 SILVER PINE LA'Nx
�xh1V:LLE, CA 94506
Property Add=! SAME
Est^mator: GRAN- CODY ZUS. Ph; (925)944-0502 Ext: 14
Fax: (925)944-0106
Reference.- GRE'TCHEN ORITZ Bus. Ph: (9251647-3158
ADJUSTER
Company: STATE FARM INSM.-ANCE
Estimate. MILLER2
'File Numbers FILE 992060
7S -Ar*44 T-in>41C*k-Yl a M Ottl RGt t3�aFaTF C..:TT 0e(?Z/r.Z1E3
'Durk Scott Construction inc.
ALICE KILLER. W24/20DC Page:2
Room$ Stucco
Stucco repairs aea per sub bid l EA
,Move stacco repairs inc'ade the grindir_g-out of scratc?i coat cracks, repairs to the
scratch coat, and complete color coat of entire exterior.
Rocat Drywall
Drywall, repairs as per sub bid 1 E.a,
Above bad in=ludes the grinding-out of dry-wall cracks, replaceemer.t of drywall were
necessary, taping, floating, and retextura.
Room: Concrete
Concrete repairs as per sub bid 1 EA
.above bid includes removal and replacement of 1: exterior po^.l deck wj drain lines and
rebar, 2) Garage slab a/ neceasan- aaw cutting and post support, and 3) Lxivev;ay at front
ent real oub jgt;t t er.
Roams painting
Painting of interior and exterior eaves 1 EA
Above Enid includes all painting/wallpaner of intericr surfaces affected and the painting
of extesricr _-aves/trim.
Roca$ X*Xonry
Mmsonry repairs aa peer bad item 1 EA
£[i 3 d ICfki!Sh 1Cy 1_( � 7iLl�bv SG60�t6 6 �:2' 'tZIE9 �.
"Ie
Mark Scott Construction Inc.
ALIO MILLER 03124/2COC Page:3
Continue.1 - Masorzy
Above bid includec work from removal and repiacemaent of individual stones/brick CaPB to
the regrouting of joints at the back yard, from; yard and interior ehimrmey.
Stomp: Finish Carpontxy
Carpenter - .Finish, Trim 1 Cabinet - per :our 15 HR
Room: O*neral Conditions
east construction janitorial 1 EA
Taxes, insurance, permits & feea (E-1d Item) Open Item IFA
Grand Total $?32,418.88
GRAVT CCDY
DS3"i'.NATOR
f-Y'1 SL1!-.� `f"'4h'sJ I r� r-tiry 1 Y'rr� `+f's7Mlcf
fff'tC ft•+fiGt^7G C>r tv t7 f1t`>IP"'jti"1 ...�.
M. �u�Cgnstruexlon
Matt rt is Gww `
1659 Ttv+td Strati
vwrrnore, CA 04550
rix: IixS.4�5•1�t4
Jrury 24, 2000
Ms. Alice Milier
105 5.lver Mne carne
BIKK-awk CA
I, "tat:Uward FW$, received a phom W fMM hs.Ai CR Miller+ocaysc at Y 185 5,1 amr fine Lane
in B%-,k MWk, CA. MS, MOAr rnquated mat I COMB cut to iter MOdOmce too inspeCt at 24'94'
nigh retsmins wall ;hat I had Wit Ir 30pUMber 1697, QsW that tr+speatton, act*ugh the
ruUirirg wag that i had Wit was Stix In 2OW Condittion, an add loonal 12 feet of retat%ft wd
was not. in September of 1997 1 recommended that 04 sa!d 12 tett of addMonai retatning
wall In quemon rat be rebuilt aue to the tact that it appeared to M in Pod cwnd"ism. it
shoved We Aged enodw six or seven tears
Also, upon the said inspectom I noticed a greet feat of shifting tr. and arourid Ms, .Mlrers
exterior.swcco and concrete wound the front, bacK and right side Of her hornet.There ware
a rnu4tiCA4 of crab+;hat umre qume recent-to kng.The swrt trechlma wed 4utt!tvid+tnt
Inside tttlt moms as Wel,.
• 4°� ?:IY yJt..�G3w'�W*M V}i•,!v'tt uuv wn �.«#r ... ... .,.,o. .. p...r..., _r .� .-__. _. '�� .' .' b�L.f
U6 `
7? "tt8 'GST b"t siC€5 `ON Xtid Nri l lOrW-1 C.) 5-nci*w WMU
KASLAN ASSOCIATES, INC.
STRUCTURAL * 000TWCMNiCAL * C►w GNCERS
1201 O^K CRE#K OftiVN. OU',T9t A January 21,2000
SON O M A . C A L e F O R N I A 9 5 a 7 e
Elhl: 68-0317931
KA Invoice No.
2KO0-011-JAKIJE
HOUSEWARES & FOOD ETC INC
Alice Miller
183 Silver Fine Lane
Danville, CA 94506
Re: 183 Silver Pine Lane, Danville, California
STATEMENT
Engineering Services:
Standard(Full) Structural Inspection and Report...................................................... $750
Payment Received(Check No. 1660; Dated 1/17/0()) ..............................................($750)
TOTAL THIS INVOICE..toto........................... ..........$ 0
Thank you for using our services.
SKRY1NO ALL OW CALIVORNIA SINC9 1976
°S"tl. 17071 0a9.1407 oR gator 7as•ls�tar • rAx t7Ci71 91M9-rasa • T17Lt, #�+�tMCa iaoa+ A►liPi-K11sL.rY ae1^ras61
imr,&rn*t: www.k*e1*n.00m -rr161t: kr♦019nOka111rn,8om
e ez-)
STRUCTURAL ENGINEERING
REPORT
Prepared For-
Alice Miller
183 Silver Pine Lane
Danville, CA 94506
Property Inspection Address:
183 Silver Pine Lane, Danville, California
bT& �
January 24, 2000
Prepared By:
KAS1 AN ASSOCIATES, INC.
STRUCTURAL—GEOTECHNICAL--ENGINEERS
1281 Oak Creek Drive, Suite A
Sonoma, California 95476
Project Number: 2K00-011-JAK/JE
SERVING ALL OF CALIFORNIA SINCE 1976
Office(707)939-1437--Fax(707)939-1433—Toll-Free: 800-400-KSI.N(5756)
Internet: www.kaslan.com—E-Mail: kaslan@kaslan.com
``-all
KASLAN ASSOCIATES. INC.
STRUCTURAL • OCOTECHN4CAL • ENGINEERS January 24, 2000
1281 OAK CRIEC"K DRIVE, SUITE A KA Project No.:
SONOMA . CALIFORNIA i SA 76 2K00-011-JAY,JE
STRUCTURAL INSPECTION REPORT
Requested By Alice Miller(Owner)
Property Address 183 Silver Pine Lane, Danville, California
A. P. N. N/A
Inspection Date Monday,January 17, 2000
Engineer Jason Edwards, Staff Engineer
Parties Present a) Alice Miller(Owner)
Weather was Cloudy & Rainy
Purpose of the inspection: x full structural _foundations ,drainage
.�..
limited structural other:
SCOPE;
yes no Inspeci d Items
(to the extent visible and/or accessible)
x Visual observations of the interior and exterior building finishes for
excessive cracks &deformations
_x_ Visual observations from the exterior and the crawlspaee for excessive
foundation cracks, settlements, framing displacements, moisture intrusion
and other structural problems
_X_ Visual observations of the concrete garage and driveway slabs, patios and
walkway adjacent to the building
_x_ Visual observations of deck(s) and/or retaining wall(s)
x The measurement of floors, the walls and the door and window frames for
out of levelness and plumbness, using a four foot carpenters level
x_ Manometer Survey
x_ Review of the available/relative documents(reports, drawings,etc.):
• Stiuctura Drawin by Design Company_dated 4117181
• Lemr Re:.2=osed la=ndslide re ap ids by Blackhawk CHAD dated 9/1M9
*
Utter Re: construction equ>�urne it vibx&dons by Ali=Miller dated 101209
• Utter Be: land m v m nt by Bi_ackh wk HOA dated 1211W99
• Memo n m e: road=airs blackhawk HOA dated 113100
• ReaRonse to dames claim by State Farm Insurance Q. doted 1/101
• L&tter Re: retaining wall movement.by M. P 11s Qnstruction dated 1124100
GCR'VIIQO ALL OF' CAUP014141A s<$NCC 1070
TKL t70'n 03 i-1537 on $5101 `763.6337 • FAX 47071 b2s-1438 • TOLL FRCS 40001 A**-KCLN ta796I
lnCnrnsE: www.keslsn.com • E-mail: kenlonOkssisn.com
KA Project No. 2x00-011-JAK/JE 2� e'f�-�s
The following items are not included in this inspection unless circled:
1. The visual observations of roof, attic, fireplaces and chimneys, fences, detached storage
structures, play structures, other auxiliary structures, swimming pool, concealed and
inaccessible portions of the structure.
2. Testing of the drainage system.
3. Testing of plumbing and irrigation lines for leaks.
4. Verification of permits.
5. Destructive investigation.
6. Structural analysis and calculations.
7. Material and/or soil testing.
8. Structural pest control.
9. Review of construction documents (unless noted).
DEFINITION OF TERMS:
Structurally significant: Having a direct influence on the structural integrity of the
building or one of its structural components.
Levelness and plumbness criteria: Commonly accepted construction tolerances for new
construction is 1 inch in 20 feet(slightly less than lid inch in 4 feet).
Efflorescence: A deposit of soluble salts, usually white in color, appearing on the surface
of concrete or masonry construction as the result of moisture penetration.
Rat Proofing: A thin layer of concrete, usually not reinforced, covering the top of the
crawlspace soils, to keep rodents out of the crawlspace.
Faulty Grade Condition: The finish grade (elevation) or surface soil adjacent to a
building's perimeter (and interior) foundations should be maintained a minimum of 6
inches below the elevation of the wood framed walls, floor joists and all untreated wood
members. Where the soil is closer than 6 inches, it is described as a faulty grade condition.
Dimensions: All crack width dimensions provided in this report are approximate values
based on visual observation rather than individual calibrated measurements. All
dimensions of length, width and height of building components are approximate.
Manometer Survey: A manometer is a simple device consisting of a container of water,
and rod with a numerical scale. The container and the rod are connected by a clear plastic
tube. Both ends of the tube are open to the ambient air pressure. According to the laws of
physics the water level in both the container and the rod seek the same elevation thereby
determining a level reference plane. A profile of the floor elevations of a given room or
story of a building can be determined by moving the rod to representative locations of the
subject area and noting the variations in the numeric readings on the rod. Adjustments are
made to the readings to account for variations in the thickness of floor finishes.
State Mandated Disclosure: A brief report on a review of published maps and reports on
passible hazards of the subject site. Possible hazards include earthquakes, landslide,
liquefaction, fires and floods. This review does not include a site visit and is not site
specific, unless identified by an assessor's parcel number(API).
A Natural Hazards Disclosure Statement accompanies this report: yes x—no
KASLAN ASSOCIATU INC.,1281 OAK CREEK DRIVE,SUM A,SONOIKA,CA 915476(707)939-1437
kA Project No. 2KOd-011-JAK/JE t'�f
Abbreviations:
BTR: Bathroom LR: Laving Room
BR: Bedroom MBTR. Master Bathroom
BN: Breakfast Nook MBR: Master Bedroom
D: Den N: North
DR: Dining Room N/A: Not Applicable
E: East N/1: Not Inspected
FR: Family Room O: Office
G: Garage O.O.P: Out-of-plumbness
K: Kitchen S: South
L: Laundry Room W: West
DESCRIPTION OF THE PROPERTY:
Type of lot:
flat leveled —x_flat pad on sloping site
part cut part fill variable downslope
gentle downslope steep downslope x variable upslope
gentle upslope steep upslope _ variable sloping
Assumed to be located on x_east west north south side of address street
The front entrance is from east x west north south
Type of building:
x_single family house condominium unit
town house commercial building
_secondary building of property
other:
Number of floors_ Number of levels_5_
Type of construction:
—x_wood frame _masonry concrete
steel frame other.
First floor construction:
_x_elevated wood frame floors crawlspace combination
concrete slab-on-grade basement
Approximate age of the structure: lZ years
KASLANASSOCZA=NC. 1281 OAK C1tUKDR E,sUMEA.SONOMA,Gt 95476n,M 939-1497
ICA Project No. 21,.00-011-JAMS d e'
OBSERVATIONS:
1. Interio Qb ervations:
a. Accessibility:
furnished not furnished
_x_occupied vacant
x some walls hidden from view by stored objects
_ r one or more rooms were inaccessible or unavailable to view
b. Cracks in interior finishes: See Discussion
—x_pervasive several few
x—hairline _x_up to I&inch(es)wide
structurally significant x_structurally in-significant
additional comments
c. Levelness of floors:
_Y._generally level generally not level
x_not level at: LR near firs Ip ace
x_maximum slope 1_inch in 4 ft. down towards the—N-
-x—slope in one direction slopes in different directions
appears to be due to original construction
x_appears to be due to settlement/displacement
® structurally significant _x_structurally in-significant
d. Plumbness of walls:
_x_generally plumb generally not plumb
_x_walls not plumb: mut h! oriented walls
x_maximum O.O.P.,2LIE inch in Oft. leaning towards the_E
x O.O.P. in one direction O.O.P. in different directions
_.x—most likely due to original construction
x_most likely due to settlements and displacements
structurally significant x`structurally in-significant
e. Squareness of door&window openings:
x generally square generally not square
openings in several rooms not square:
maximum slope_inch in Oft. leaning towards the_
slopes in one direction slopes in different directions
most likely due to original construction
„i most likely due to settlements and displacements
structurally significant structurally in-significant
KASLANAWOCUTE.S L'VC..1281 OAX CRE "DRIVE,SUMEA.SONOMA,CA 95476 rX7)930.1437
KA Project No. 2KOO-011-JAK/JE 5
C'
f. Other observations:
leaks stains other
2. erior Observations:
a. Accessibility:
_x_Sections of the exterior walls and the building foundations were hidden
from view by:
x_landscaping stored items
adjacent building/property other:
b. Type of exterior finish.-
wood
inish:wood siding x_stucco siding (exterior cement plaster)
wood shingle masonry veneer vinyl
plywood siding masonry veneer wainscot aluminum
hardboard siding �x_other: rock veneer
c. Defects in exterior finishes: See Discuss'o-n
types:
no defects observed
x_cracks separations
warps deterioration
displacements other:
exterior damage:
x_pervasive several few
crack width:
x_hairline _x_up to J,/4 inch wide
structurally significant _x_structurally in-significant
d. Framing Condition:
x_no defects observed
racking of framing displacement
cracks in or splits in framing members at:
e. Earth/Wood Contact (or close proximity) along some sections of the:
_x no significant earth/wood contact observed
wood siding deck posts
trellis posts i,,,,other:
KASCANASSOCUTEI INC,1281 OAK MEKDPJVE,SUM A.SONOMA,Cd 95476(707)939.1437
ISA Project No. 2KOO-011-JAK/JE
f. Garage and driveway slabs and flat work:
Garage Driveway Patio Walkways Pool
Construction: Floor Deck
Concrete —x® —x_,,, —x—
Asphalt
Masonry
Other
Garage Driveway Patio Walkway Pool
Floor Deck
Defects: x x x
Cracks: — — —
Minor x x x
Max.width
Other:
Settlements in slabs
Elev. Dif. across crack
Max. difference
Tripping hazard
Displacements most likely
due to expansive soils
Other: concrete snalline
mLor chit�nine �x®,
g. Elevated flecks and Stairs: See Discussion
Type of construction:_x—wood concrete
other:
Defects:
no defects observed
displaced decking displaced nails
—x—damaged decking wobbly handrails
damaged support posts damaged girders and joists
displaced girders and joists missing bolts at joints
x_other:u zX„pvorted_deck boards creating_a"softpot"in deck near hot tub
x other: no a=ss was Available to underside of deck(ttre ore not instf
h. Retaining Walls: See Duets ss'
Type of construction: concrete masonry_x wood
other:
Drainage:
x weep holes indications of back drains
no indication of drainage system observed
Proper operation can only be verified by testing or by observation during
periods of heavy rains.
X 4aAN AS OC IATFA JNC.,1281 OAK CREEK DANE.SU17E'A.SONOMA,CA 95478(707)9$9-1437
. -4
KA Project No. 2K00-011-JAKJJE 7
Defects:
no defects observed
cracks:
_horizontal vertical diagonal
®few _several pervasive
_max.width inches
structurally significant not structurally significant
other:
Plumbness:
___.generally plumb generally out-of-plumb
_x_leaning towards_N_ x_O.O.P. _degrees
`8_inches per four feet
x_structurally significant structurally not significant
i. Chimney:
Construction:
x—masonry/rock veneer wood frame other:
Defects:
no obvious damage cracks
separated from building x_settlzment fmingo
other observations:
3. Foundations and Crawlspace Observations:
a. Crawlspace or Concrete Slab Accessibility:
.�not accessible completely accessible
_x—only partly accessible due to:
_inadequate access openings
�.inadequate clearance under framing
x_obstructions by ducts and pipes
exterior slab edges visible
exterior slab edges not visible at:
b. Types of surface soils:
clayey x_expansive clay
_sandy �..r other:
where observed: x_crawlspace, yard
c. Type of foundations:
perimeter interior deck
x_ wood posts on drilled concrete piers
,..� wood posts on shallow concrete piers
continuous concrete wall foundations(inverted tee)
.� continuous concrete wall foundations(trapezoidal)
XASLINASSOCIATE&LVC.,1281 OAK CREEK DAM.SUITE A,SONOMA,CA 05476 CM?)M-107
KA Project No. 2Ko0-011-DAME
concrete grade beam on drilled concrete piers
r wood frame cripple wall over foundations
thickened slab (building with slab-on-grade floors)
_un-reinforced brick
x other: deck fn lnciation not visible dust IQ lac of access
d. Condition of the foundations:
—x_no problems observed
cracks in foundations:
type of cracks:
vertical horizontal diagonal
full height partial height
-._._full penetration partial penetration
max.width of cracks inch(es)
structurally significant not significant
_location of cracks:
settlement:
_local pervasive
rotation and displacements of foundations
max. slope: location of rotation:
foundation undermined at:
deterioration of foundation concrete:
_minor surface deterioration significant, deterioration
location of deterioration:
i-exposed foundation reinforcing:
_corroded not corroded
other:
e. Condition of interior concrete floor slabs:
no problems observed
cracks in slabs
seen through carpet or other floor finishes
seen directly in concrete
few several pervasive
_max.width of cracks inches
steps in elevation across cracks up to inch(es)
f. Condition of the framing:
no problems observed
posts cripple floor
walls framing
x_ out-of-plumb(§Iightly-not significano
® � requires shimming
displacement observed
connection need improvement
KASLANASSOCIArEI INC.,7381 OAKCREEKDRM,SUT'EA.SONOMA,CA 45476 M 939•!437
KA Project No. 2KOO-011-JAKIJE 9 � t
obvious dry-rot damage
obvious termite damage
earth-wood contact or faulty grade
other:
g. Other crawtspace observations:
x_ventilation: _x_appears adequate appears inadequate
vents damaged vents blocked
4. Stis-mic Considerations: See Discussion
xr 1vludsill anchor bolts x_present not present
_x 'mater heater: braced _x not braced
Seismic upgrading advised. See recommendations section
Seismic deficiencies observed:
Some seismic upgrading has been done:
(The workmanship and adequacy of the seismic upgrade was not verified.)
added anchor bolts: added braces added shear walls
other:
5. Drainage and Site Observations:
a. Gutters: �x_present along eaves present along some sides
damaged missing at
b. Downspouts: x_connected to a drainage system
_partially connected to a drainage system
not connected to a drainage system
x—disconnected from drainage system at: left of front entry
--should be reconnected to Ub-surface drainv`t3e
damaged at:
missing at:
c. Divertors and Extensions: x—present
not present
missing at:
d. Crawlspace:
Soils: x_dry x`partially damp generally damp
x partially wet _ generally wet standing water
mold on soils at:
efflorescence at:
erosion of soils at:
water induced undermining at:
other:
KA.sUNAMOCIA=hVC..1281 OAK CP"XDRM.SUIMA.SONOAM,CA 05476(707)939-1437
. KA Project No. 2KOO-011-3AK/3E 10 ' i
e. Perimeter:
x_adjacent soil grade slopes towards the building foundations at:
(S side
_x_adjacent soil grade slopes away from the building foundations at:
(all other sides
planter strip next to foundations not draining properly
x area drains
trench drains
(proper operation can only be verified by testing or by
observation during periods of heavy rains)
_swales at:
_.®._channel drains (with grates) at:
other:
DISCUSSION:
1. Interior Finishes: As indicated in section 1 of this report, pervasive cracking was
observed throughout the structure's interior finishes. Cracks, however, were more
prevalent in the south-southeast half of the house. It should be noted that this
section of the house lies closest to the south end of Silver Pine Lane where landslide
repairs had taken place during October and November of 1999. Most interior cracks
were located at the corners of door and window openings and are indicative of
lateral structural displacements due to vibrations. It is our opinion that the
earthmoving/grading equipment used for the recent and nearby retaining wall and
road construction/repair has caused cosmetic damages to the structure. We
recommend retaining a qualified drywall contractor to repair the interior cracks.
2. Exterior Finishes: The exterior stucco finish, similar to the interior drywall, was
cracked throughout. Larger cracks (approximately 1/4-inch in width)were observed
at a few locations near the south-southeast end of the house (master bedroom) and
on the rear side of the house next to the pool. Hairline cracks (1/16-inch in width or
smaller) were visible on every stucco exterior wall of the structure and oriented in
all directions (horizontal, vertical and diagonal). Most of the cracking appears to be
due to the heavy construction equipment and corresponding ground vibrations
produced during the nearby hillside/road repairs of October and November of 1999.
We recommend that exterior cracks, which exceed 1/16-inch in width, be repaired
by a qualified stucco contractor.
3. Elevated Mod Deck: As indicated in section 2g of this report, the underside of the
deck was not accessible at the time of the inspection. However, from the deck's
surface we observed a "soft spot" in the decking near the hot tub {just outside the
master bedroom's sliding glass door). It appears that several deck boards in this
region are unsupported and flex considerably under pressure. This condition is
unsafe and should be corrected to mitigate possible injuries. We recommend
removing the decking in the affected region and replacing it with new pressure-
KASLANASSSOCIA=INC..7781 OAX CREExORIVE,SWMA,SONOMA,C4 95476( ,,7 934-2437
y KA Project Nis. 2Kot}-011-JAKJE 11
treated/redwood material. At the time of the above-mentioned decking removal, one
should inspect the deck's sub-framing and foundation support. In addition to the
decking repair, access should also be provided to the underside of the deck for future
inspections and routine maintenance.
4. stet i i g Wall. The wood retaining wall located on the east (hack) side of the
master bedroom is currently leaning towards the house by approximately 2-inches
per foot. It was stated by you (Ms. Miller) during the inspection that this particular
wall was upright(plumb) and in good condition prior to the recent repair work of the
adjacent lot. Since that repair work, this wall has rotated to its current "out-of-
plumb"
out-ofplumb"position. We recommend removing and replacing the wall with a new wall
designed by a licensed structural engineer. We may provide this service for you if,
you desire.
5. Seismic Considerations. Unsecured gas water heaters may be hazardous during
sizable ground shaking. Therefore, we recommend that the water heater in the
garage be strapped to the wall for stability against overturning.
RECOMMENDATIONS:
I. Items requiring immediate attention.
These are items that are defective, unsafe or on the verge of requiring attention.
• Discussion Item#3&4
II. Items that will require attention in the future.
These are items that do not require immediate corrective repair; however, they
should be identified and monitored and actions should be taken in the future.
• Discussion hem#'s 1 &2
III. Preventive items.
This is a recommendation category, which in our opinion will improve the life
and/or performance expectation of the structure under consideration. The noted
conditions are not structural defects. The recommendations stated below are simply
improvements.
• Discussion Item#5
IV. Possible further inspections:
• None
The findings of this report are not intended to address the geological stability of this site
or the seismic resistance of the structure(s). To do so would require extensive testing of
the property's soil composition and a detailed structural analysis of the building(s)
respectively,which are beyond the scope and cast of this report.
KASLANASSOCLi7TES,INC.,1781 OAKCAUKD17CV1;,SU17'KA,SONOMA,CA 95476 rM 939-1437
KA Projtct No. 2K00-011-JAIC/JE
t We were asked to make a visual inspection of this property to evaluate and discuss those
itergs of immediate and obvious concern.This report presents our visual observations of
the conditions displayed at the date of our inspection. Some verbal information
regarding our findings communicated to the above named client may not be included
herein. Third parties are advised to obtain their own inspection report and should not
rely on this report.)+'E ARE NOT RESPONSIBLE TO THIRD PARTIES.
Men and nature can change conditions at any time; therefore, this report does not
warrant the preservations of the observed conditions. Unless otherwise described herein,
we have not performed a detailed investigation of construction materials or underground
conditions. No removal of building finishes, furniture, floor coverings, window
treatments, wall decorations, landscaping or stored items was performed unless
specifically mentioned. We have made a reasonable effort to ensure that this report is
accurate. However, we cannot assume liability for damages resulting from or for
conditions this report, you requested, failed to disclose. No warranty, expressed or
implied, is made. KASL.AN ASSOCIATES, INC. RESERVES THE RIGHT OF FIRST
INSPECTION IF QUESTIONS ARISE. THE LIABILITY OF KASLAN
ASSOCIATES, INC. OR ITS EMPLOYEES IS LIMITED TO THE COST OF THE
INSPECTION.
Please call if you have any questions.
Sincerely,
,v%OfESSia SLAN ASSOCIATES,INC.
or e J es A, Kaslan,SM, G.E.
President
JAK/JE/je
(Formuu 1=)
KASLANASSOCU ES,INC..1181 OAK CREEK DRIVE,SUITBA.SONOMA,Ci 9547$(707)939.1437
CLAIM
ROAJW OF SUPER SOBS OF COMA COSTA COUNTY, CAI UDENTIA
-BOARD ACTT JUNE 6, 2000
Maim Against the County, or District Governed by )
the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT
and Board Action. All Section references are to ) The copy of this docurnent mailed to you is your
California Government Codes. ) notice of the action taken on your claim by the
Board of Supervisors. (Paragraph IV below), Oven
pursuant to Government Code Section 913 and
-
91k4. Please note all "Warnings".
AMOUNT: WITHIN UNLIMITED ..IURISDICTION /
CLAIMANT: IRMA RAPP
ATTORNEY: c/o DOROTHY D. GUILLORY DATEREC� MAY 1, 2000
Attorney at Law
ADDRESS: 314 - 27th Street BY DELIVERY TO CLERK ON: MAY 1 , 200Q
First Floor
Oakland CA 94612 BY MAIL POSTMARKED: APRII. 28, 2000
L FROM: Clerk of the Board of Supervisors TO. County Counsel
Attached is a copy of the above-noted claim.
PHIL B HELOR, Clerk
Dated: MAY 2, 2000 By: Deputy �. 1C
A. FROM: County Counsel TO. Clerk of the Board of Supervi ors
( Ley This claim complies substantially with Sections 910 and 910.2.
( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The
Board cannot act for 15 days (Section 910.8).
{ ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of
claimant's right to apply for leave to present a late claim (Section 911.3).
( v, - ther: IO�Ve-n be�,' 1/ l qqq 0lain-) (-6-111g,&
Dated: 5--3_60By: / Deputy County Counsel
M. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2)
( ) Claim was returned as untimely with notice to claimant (Section 911.3).
IV. BOARD ORDEW By unanimous vote of the Supervisors present:
MThis 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 #ale 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 blAIUNG
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 ab22t- Deputy Clerk
M. County Counsel County Administrator
CLAIM AGAINST CONTRA COSTA COUNTY
PL€ASF-TYPE OR PRINT
CLAIM NO.
CONTRA COSTA, COUNTY
Board of Supervisors
651 Rine Street, Rm. 106
1 2000
Martinez, CA 94553 MAY
Attention: Clerk of the Bd. of Supervisors I ,
1. Claimant's Name: RAPP, IRMA FOR CLERKS USE ONLY
(Last, First)
1.5 Claimant's PNF (if applicable)
2. Address: 534 So. 21st Street, Richmond, CA _ _510 237-5876
(number street city,state&z0991 phone number)
3. Address to which notices are to be sent, IF DIFFERENT from lines 1 & 2:
Name: DOROTHY D. GUILLORY, Attorney at Law,— -- -- -
Address: 314 -- 27th Street, Oakland, CA 94612 --55
(number street city, state&zip code phone number)
within 4
*4. Total Amount of Claim: $ unlimited 5. Gate of Accident/Loss: November' 1999
jiirj.s .
6. Location of Accident/Loss: 151 Dine Paulr � fP, w�+rr_„1 C_
7. How Did Accident/Loss Occur. A 5-day suspension which Contra Costa County- Children 1,s
ervicee smpost~d on Ms ;` Rapp was reversed at binding arbitrations gluing
1. s.e---1�s- pp s— r--abs----iaf-�-pr-ao on-j--failure
8. Describe Injury/Damage/Loss: to reimburse for lass of pay, intentional infliction of
eot�onaa diss.. anreta at�on
--
9. Name of Public Employee{s) Causinrg InL y/Damage/Loss, If Known: Savannah MacKenzie, Ray Merritt,
Dana Fabella, John Cullen
10. Itemization of Claim (List items totaling,amount set forth on line #4): Use separate sheet for additional items
ITEM AMOUNT ITEM AMOUNT
*TOTAL AMOUNT OF CLAIM $ Within Unlimited Jurisd.
11. Signe 44 or on sit of Clalm t: i
G Dated: April �.1
DOROTHY D. GUILLORY, ATTORNEY OR CLAIMANT
NOTICE Section 72 of the Penal Code provides:
`Every person who, with intent is defraud. presents for allowance, or for payment to any stats board or officer, or to any county, city or district board
w eMfte,`, •wthe,rWrsai b •Ne,w e,r pay die, eerne, if ganwi+w, any
liar* or fraudulent c4aim. bill, sa count, vnuchOf, Of wntirtg, is punishable
either by imprisonment In the county jail for s period of not more than one, Y*w, by a fins of not excsedng ons thousand ($1,000), or by both
such imprisonment and One, or by Imprisonment In the, state prison, by a fins or not exceeding ten thousand ($10,000), or by troth such
Imprisonment and fine,.”
2107L/P g.9/Lm 10/#103--666(Rev,2/97)
t
0 f3� 947b
CL
k
CLAIM
BOARD OF SUPERYLSO S OF COl'tTRA COSTA CD=. C`.AT MORNIA
BOARD AC710l1t J1ME 6, 2000
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 tailed to you is your
California Goverment Codes. ► notice of the action taken on your claim by the
i �, Board of Supervisors. (Paragraph IV belovvl, liven
pursuant to Government Code Section 913 and
MAY 1 2 CC'PJ 915.4. Please note all "Warnings".
AMOUNT: unknown
t� tTiiY eGUAI tF.
CLAIMANT: Elaine Roni Sippy
ATTORNEY: DATE RECEIVED: MAY;::9, 2000
ADDRESS: 484 Kentucky Avenue BY DELIVERY TO CLERK ON: MAY 9, 2000
Berkeley CA 94707
BY MAIL POSTMARKED: Hand-Delivered
L FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
Ma 2000 PHIL BA " R, Cle k
Dated: y 9 By: Deputy �
II. FROM: County Counsel TO. Clerk of the Board of Supervisors
( ) This claim complies substantially with Sections 910 and 910.2.
( This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The
Board cannot act for 15 days (Section 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: CAAe�7h-- Deputy County Counsel
III, FROM: Clerk of the Board M. County Counsel (1) County Administrator (2)
( ) Claim was returned as untimely with notice to claimant (Section 911.3).
TV BOARD {IRDEM 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 e - Deputy Clerk
V Z7—
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 AL41UNG
I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United
States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully
prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above.
Dated: �By: PHIL BATCHELOR By Deputy Clerk
CC: County COMMI L.tuwy A l ni ato
VICTOR J.WESTMAN o�rLIPS.A
1'. PHILLIPS.ALTHOFF
TA
COUNTY COUNSEL GC11t6E NORA G.
A BLOW
NORA G.BARLOW
B.REBECCA BYRNES
ANDREA W.CASSIDY
SILVANO B.MARCHESI CONTRA COSTA COUNTY MONIELL..DACOOPER
CH IEF ASSISTANT COUNTY COUNSELMARIE L DAWES
OFFICE,,OF THE COUNTY,',,-',, UNSEL MICH E LQ.FAS
MICHAEL Q.FARR
LILLIANTJII
SHARON L.ANDERSON COtNTYADMJNISTt�AVON$UILDING': ': DENNISC UGR
DENNIS c.aRAves
ASSISTANT COUNTY COUNSEL 651 P1§T EET,.9th F � ' JANET L.HOLMES
NIARTnNEZ,CALt�ORNP,,'k W142'29 r<EVINTKERR
GREGORY C.HARVEY EDWARD
V.LANE,
J
EDWARD V.LANE;JR,
ASSISTANT COUNTY COUNSEL BEATRICE LiU
MARY ANN MASON
PAUL R.MUN1Z
GAYLE MUGGLI VALERIEJ.RANCHE
OFFICE MANAGER STEVEN P.RETTIG
NOTICE, OF INSUFFICIENCY DAVID F.SCHMIDT
DIANA J.SILVER
PHONE(925)338-1800 ANIS/ JACOUELINEY.WOODS
FAX(925)846-1078
NON-ACCEP'T'ANCE OF CLAIM
TO: Elaine Roni Sippy
484 Kentucky Ave.
Berkeley, CA 34707
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
310 and 310.2, or is otherwise insufficient for the reasons checked below:
[
11. 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.
[ ] 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 15. 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.
j 6. The claim is not signed by the claimant or by some person on his or her behalf.
[ ] 7. Other: The claim fails to describe any duty or obligation of the public entity and any action
Page 1
giving rise to the claim.
VICTOR.J. WESTMAN
COUNTY COUNSEL
Deputy County Counsel
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 Pine Street,Martinez,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 fully prepaid thereon,and thereafter was,deposited this day in the U.S.Mail at Martinez,California.
I certify under penalty ofpetury that the foregoing is true and correct.
Dated: May 10,2000,at Martinez,California.
L
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
Claim to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY
INSTRUCTIONS TO CST
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 loot`. day after the
accrual of the cause of action. Claims relating to causes of action for death or for injuiry fo 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 trust be
presented not later than one year after the accrual of the cause of action. (Govt. Code§911.2.)
B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County
Administration Building,651 Pine Street,Martinez,CA 94553.
C. If Claim is against a district governed by the Board of Supervisors, rather than the County, the name of the
District should be filled in.
D. If the claim is against more than one public entity,separate claims must be filed against each public entity.
E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at the end of this form.
RE: Claim by ) Reserved for Clerk's Filing Stamp
S,1146g4-4
RECEIVED
Against the County of Contra Costa MAY 0 9 20on
or
T 8
District)
(Fill in Name)
The undersigned claimant hereby makes claim against the County of Contra Costa or the above named
District in the sum of S �r and in support of this claim represents as follows:
r (5
1. When did the damage or injury occur" (mve exact Date and Hour
0e) boliqe-1 a�T- 6 '100 Pen
---------------------
2. Where did the damage or injury occur" (Include City and County)
-rn fAk— cin A---4 ,, e e.:l a��Iu �e-. .60, Ur,3 h:V t'D Crime i
64 1?,yr0
--------------------------------------------------------1`__-______________-___-__-_-
3. Row did the damage or injury occur." (Give nu details:use extra paper if required�
`lite Aqf-40,ts
�v�_74 p�t "9 �z�h-�� �a d� ��t-t�. �t n�', �� YAC¢ �b�,o�2 s� t�rs��a�i 14'd
'2 L1_ tJ dee .•nt;'115�
4. What particula -act or omission dr/the rt of cot�fity odistrict officers, servants, or emptt s cause'! tt „ !
injury or damage?
jlr� o 'i”,
C Ll J5 tL 1 /1 tic �Tc G.G1
Ott rG" 7 Ct IZ,,/ !.r/�1 LJr LN 1. std'�ir�
(Ovr'�
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q;oq xq jo •(000`01S)sjulloP punsnoq; uai gulp=%*Ion jo w1j s,tq luosud alto ail;ul ;uauiuosudun Sq so'aug
PUT ;uawuosudxul Bans q;oq tq xo `(000`is) mn[!oP puvsnogl auo 2ulpama ;ou,;o auk}s Kq •Xna t auo autp axow
;ou jo pouad a joj t!nf,t;unoa aq; at luawuosudw!xq raq;ra algngsiund s!",dui;uM so'iaganoA I;unoaas •lGq`wreja
;ualnpm.13.io asM {urs•aumuag;!aum ag;Sadao MoUv o;pazuog;ns°ra3tjjo xo pssoq;aujcrp io i4a,,tuna Cue
04.jo ixamjo jo pasoq arts,tub o;;uaur,tad joj to aauvAwlpj xoj s;uasaxd 1pnwjap o;;ua;uf g;im°ogM umad,taan3„
:sap!nojd apo {nuad ail;jo ZL uo!;aaS
331109
0 9-'S oNj auogdalas •oH ouogdaray
(ssajppv)
-CYR
(as u ;S s';uewivo)
,tauaouv;o ssaaPPV Putt awsH
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pauitsjb [ 4'j pautp aq 3snw Lump mLL,,
:sap!Asbsd Z-016'30S apo:)IAOD
t^'t�' ';f£
:,Unt ru;uap ms slip lune uo apnru no nlpuadxa qi ls!'I '6
-------------------------------------------------------------------------------------
°slrl!dsoq put•sJo;aop isasMMM JO sassaxppe pun sawNN I
-------------------------------------------------------------------------
(-Asmnsp ra.un(ur aAlpAgwd.itm}a;unoutw pateutpw alp apnpul) 4paindwoa lunotur patump a,+oqu aq;sum moo 'L
----------------------------------------------------
fY/ . ( aieunp axon
.tat ca"UIR a aMx tiaruV---------
spwnela sa3euup-10 saun(u;}a xuaxxa rfaj am!))- --
Zpa;jnsat umpla not op saunfux jo saagump iggM -9
j� ;,Ca ntu,jo 2gum sp aq1 tutsnt,a saa;.oldwa ao is;uxs,uos,s lo3Wo 3zu;s!p jo,4unoa 3o sommu aq;a v;BgAj 'S
Elaine Roni Sippy
Addendlun to Claim Form Against h o of C!antra Costa
6. What damage-do 3.stclailresulted
1. I brake and dislocated my left pinky finger and bruised and injured the fingers of
my left hand. This resulted in both immediate and short-term pain and suffering as
well as long-term continuing pain and suffering as a result of Reflex Sympathetic
Dystrophy and decreased strength and use of this hand.
2. Two chipped front teeth.
3. Broken eye glasses
4. Skinned knee
5. Scraped shoes and damaged hose.
6. Lost sick leave and lost time and wages due to Medical and physical therapy
appointments scheduled outside of normal work hours.
The amount claimed in damages will include but not be limited to the following:
1. Reimbursement to Kaiser Permanente for treatment.
2. Reimbursement for lost sick leave and hours for medical appointments, as above.
3. Reimbursement for meals eaten out due to inability to cook or use hands.
4. Reimbursement for eye glasses.
5. Reimbursement for dental expenses.
6. Reimbursement for co-pay expenditures for medical treatment.
7. Reimbursement for parrafin treatment appliance for on-going treatment of pain.
8. Reimbursement for neve shoes.
9. Reimbursement for pain and suffering,particularly on-going problems as result of
Reflex Sympathetic Dystrophy.
8. Namas and-addresses of v=d=oses doctors. and hoapiws
1. Anita Davis,MFT;Dr. Martin Koeppel, T. Deitrich,PSO; Dr. J. Champlin: 256
24'h St. Richmond, Ca.
2. Dr. Roubinian: Kaiser ER, 901 Nevin St. Richmond, Ca.
3. Dr. Aptaker,Kaiser Orthopedics, 901 Nevin St. Richmond, Ca.
4. Dr. Oldenbourg,dentist: 2140 Shattuck Ave.Berkeley, Ca.
5. Accelerated Hand Therapy: 105 El Cerrito Ave. El Cerrito, Ca.
6. Dr. Rosen: Kaiser Ophthalmology, 280 W. MacArthur Blvd. Oakland, Ca.
RECEIVED
MAY 0 9 7000
CLERK BOARD F SUPE VI RS
CONTRA COSTA CO.
I„r e
CLA
BOARD OF SLPERYISM Off' CONTRA COSTA COUM, C LtF(wl NTA
BOARD ACT10fi XM 6, 2000
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, Oven
r t > pursuant to Govemmerit Code Section 913 and
915.4. Please note all "warnings".
AMOUNT: $2,100.00
CLAIMANT: GENE R. WIGGINS
ATTORNEY: DATE RECEIVED: MAY'1, 2000
ADDRESS: 1417 LIVORNA ROAD BY DELIVERY TO CLERK ON: MAY 1, 2000
Alamo CA 94507
BY MAIL POSTMARKED: APRIL �% 20017
L PROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
PHIL B OR, Clp rt-ej�
Dated: MAY 2, 2000 By: Deputy
IL FROM: County Counsel TO: Clerk of the Board of Supervi ors
{ This claims omplies 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 911.0.
{ ether: Yo t.)r c, ""7 O's ib 'fl-\-g f cT CSCC[� ' t
bYl Or d G Z-el el 7 f/Y
Dated: ;a �-` By:. wi t `- _ puty County Counsel
III. PROM: Clerk of the Board TO: County Counsel (1) County Administrator (2)
( ) Claim was returned as untimely with notice to claimant (Section 911.3).
IV. BOARD ORDEM By unanimous vote of the Supervisors present:
(- This Claim is rejected in full.
{ )
Other:
I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date.
Dated:( ,, *2 072� 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 %averse Side of This Notice.
AFFIDAVIT OF hL41 ING
I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United
States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully
prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above.
Dated: By: PHIL BATCHELOR By Deputy Clerk
CC: County Counsel County Administrator
VICTOR J.WESTMAN DEPUTIES.
COUNTY COUNSEL JANICECAMENTA�
NORA G.BARLOW
B.REBECCA BYRNES
ANDRESILVAN(B,MARCHESI CONTRA COSTA COUNTY MONIKA,COOPW. EIRY
MONIKA L,COOPER
CH IEF ASSISTANT COUNTY COUNSEL VICKiEL.DAWES
OFFICE OF THE COMVY OUNSEL MARKES.ESTIS
SHARON L.ANDERSON MICHAELTFUJIIRR
C`+t�Ul�3 Y ARMIN1STftA'fEC7N BUILCtINC, . LILLIAN T.FUJti
ASSISTANT COUNTY COUNSEL 651 P(NE STREET,'9th F]L R,' DENNIS C.GRAVES
JANET L.HOLMES
GREGORY C.HARVEY MARTINEZ, CALIFORNIA5 •1,229 KEVIN TKERR
BERNARD L KNAPP
ASSISTANT COUNTY COUNSEL EDWARD V LANE,JR.
BEATRICE LIU
MARY ANN MASON
GAYLE fVillGGLI PAUL R.MUNIZ
VALERI€J.RANCHE
OFFICE MANAGER STEVEN P RETTIG
DAVID F SCHMIDT
DIANA J.SILVER
PHONE(525)335-1800 JACQUELINE Y.WOODS
FAX(925)548-1078 NOTICE OF UNTIMELTNE��
AS TO A PORTION OF THE CLAIM
TO: Gene R. Wiggins
1417 Livorna Rd.
Alamo, CA 94507
Please Take Notice as Follows:
In regards to the claim you submitted on April 29, 2000,portions of your claim are timely and
portions are untimely. The portions of your claim prior to October 29,1999 that you presented against the
County of Contra Costa governed by the Board of Supervisors fail to comply substantially with the
requirements of California Government Code Sections 901 and 911.2,because they were not presented
within six months after the event or occurrence as provided by law. Because the portions of the claim
prior to October 29, 1999 were not presented within the time allowed by law,no action was taken on those
portions of your claim. The claim was forwarded to the Board for action only on the timely portions of
the claims.
Your only recourse at this time is to apply without delay to the County of Contra Costa governed
by the Board of Supervisors for leave to present a late claim as to the claims which are untimely. See
Sections 911.4 to 912.2, inclusive, and Section 946.6 of the government Code. Under some
circumstances, leave to present a late claim will be granted. See Section 911.6 of the government Code.
You may seek the advice of an attorney of your choice in connection with this matter. If you desire to
consult an attorney, you should do so immediately.
VICTOR J. WESTMAN
COUNTY COUNSEL
Monika L. Cooper
Deputy County Counsel
Page 1
CERTIFICATE OF SERVICE BY MAIL
(C.C.P.§§ 1012, 1013x,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;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 UNTIMELINESS AS TO A PORTION OF THE 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. Executed in Martinez,California.
Dated: May 3,2000 n
cc: Clerk of the Board of Supervisors(original)
Risk Management
Page 2
APR-20-2000 13:34 CJNTRR COSTR CTY RISK MGT y P.01/02
Claim to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY
nvsUCTfpNs TO CLAIMANT` IL1
A. Claims relating to causes of action for death or for injury to person or to personal property or growing;trope
and which accrue on or before december 31, 1987, must be prevented not Tater 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§91 LL)
B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room lob, 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 trust be flied against each public entity.
E. 8"raud. See penalty for fraudulent claims, Penal Code Sec,72 at the end of this form.
* w * ft * wfewww * w ww � * � * w * w * * • w � * >rw * ww * ww +� www * � * w * w >t w * * w * �! * ww
RE.Claim byjf .Or, w s�.t, ) Reserved for Clerk's Filing Stamp
E
Against the County of Contra Costa MAY 1 2000 $
� z �
Or ,
i�d7De G�c District
(Fill in Name)
The undersigned cla'tman hereby makes claim against the County of Contra Costa or the above named
District in the suns of S r 0�'�' and in support of this claire represents as follows:
1. When did the damage or injury occur? (G1,v*exact Date and Hour)
—--- t S - --------------------------' _-_— -a----- `3 — .S P -11 A14 .-Wit-
3. Where did the damage or injury occur? (It►clude City wid County) _
1417 I-141019WA
...............................................................-------------------- -
3. How did the damage or injury occur? (rove-to detwbt use cxtrw pops ir"gtdr.d) /
4. What particular act or omission on the part of county or district officers, servants, or employees caused the
injury or damag;e`: j
"'#
aAS 7- r*, (Over)
,,1; S' z0vo
APR-20m2000
13;34 CONTRA COSTA CTY RISK MGT t9 ZV
p �
5. What are the names of county or tstrict officers,servants,or employees causing the damage or injury?
6. What damages or injuries do you claim resulted? (Give M extent of injuries or damagaa d imed. Attach two*sdutatet ibr
auto damage.)
9. '
-----------------------------------------------------------------
7. How was the above claimedsintDtirit computed 7 t6etdniatt4 amount Of jnny P zptNivz Injury ardama�c.)
�,
............ -------------——------------—---- -
__•-------..—_--_-..---••____--_`-—-—------------—--
8.
—"—.-..----•--_—--
8. Names and addresses of witnesses,doctors,and hospitals.
---------------------------------------------------------------
---. ............
9. List the expenditures you made on,account of this accident or injury: ...
uAT MIX AMOUNT
x # w * w w w w x * * A * # * * w x • w w * x x * w w w w x a * # w * a * * w t tit a w x a w a a * ie a * r< * x
Gov.Code Set:.910.2 provides:
"The claim utast be signed by the claimant
SEND NOTICES TO: (Attorney) or by.rogue person on his behalf."
Name and Address of Attorney
f[ (Claimant's Si
//Address) ��7yy ''''''j
./' 1 `' ' ;e-
-Telephone No. Telephone No. d s,/ ,c—eC2 4
* * x ,t x * x tr w w * ■ s a w is # R a * a !, w w * t x x x w * * x # ik a rt * * * � w a * w * w w rt w x * w x ,t
NOTICE
Section 72 of the penal Code provides:
"Every person who,with intent to defraud,presents for allowance or for payment to any state board or officer,or to
any county,city or district board or officer,authorized to allow or pay the same if genuine,any false or fraudulent
claim,bill,account,voucher,or writing,is punishable either by imprisonment in the county jail for a period of not
more than one year,by a fine of not exceeding one thousand dollars(S1,000),or by both such imprisonment and
fine,cur by imprisonment In the state prison,by a fine of not exceeding ten thousand dollars(S10,000), or by both
such imprisonment and fine.
TOTAL P.02
CctoberrJ6, 1999
Mr: ton F.Kubicek
h --ity Chief CO
25:5-Glacier IMvi
Martinez, CA 94553
Dear f-&. Kubicek,
As I write this lett,I am looldng out of my living room window and less then
sixtyr yards firom my fns door are a bulldog and a 54-feat high by 40 yarns wide
tnountain of dirt! .
It's 6:00 p.m.; Saturdayi October 09, 1999 and the work crew has just finished for
the day and I am sure they will back on Sunday as they were last week to put in another
12hour shift. .Ndw its time for,my wife and I to go to work. We will spend the next hour
and a half, as we have the last two months every Saturday, washing down our home and
the surrounding plants from the dart and dust stirs d'up from the work in the creek.
Due to the volume of dirt and dust drawn from the creek the last two summers and
put to rest outside the front door of my home at 1417 Livorna Road in Alamo. I am
requesting the county high-pressure wash and then repaint my hone.
.I have enclosed photos of the mountain of dirt and a sample of the power type dirt
about the project.
I hope this.letter does not fall on Beath ears as the one I delivered last year to the
County Representative,Mr. 'fed Hamilton requesting my house be high-pressured
washed.
S' Y
Icy: 415.9"72. 1: . .
Home. 925.2%.0626
CC: Donna Grubber- Supervisor
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April 5,2000 copy
Ms.
Supervisor
Cam Casa comity
309 Diablo Road
Danville, CA. 94526
RE: stn Ramon Crddh Imp Project—Wed an Home
Dear MLClaba,
This is a fallow-up to my l e+tta on October 16, 1999 ( Its #1) regarding
the Flood Control's resolution to my request ofhaving my home at 1417 Livorna.Road in
Alamo high re watched and repsiate d..
The County has agreed to wash my home (aftedmmut #4 but not sial in the
of it eves its General Engineering Comtrncqu; CA Rasmussen, Inc.,
was in clew violatiou of`Dost Contror as outlined in Section 10-1.01 of the State of
C,ali&rnia Department ofTra Vamdm Standard peciftcation(J* 1992)
(atta #3). My letter to the Deputy ChK W MIlton F. Kubicek did Mwem,
PT mpt C.A. Rasmussen, Inc. to high-pressure wash all the honus anTounding the dot
pile without any froom my neighbors.
I dwugbt I would give your office me last f I bef re I get the press and
lawyers involved in my effift to rewm damages. I have recedved several psintkg
from a high of$6,900 (Califin& Colon Painting Co.) to a low of
$3,900(Ahamo PaWing Company).
I have spent wuntless hours the past six vnouths attempting to bring this matter to
Ckmare Without any sWxfts. Your promptMention to the Matter is goody we damned.
Please make an effort to wilhin. 10 shays.
R.
1417 Live=Road
Alamo,CA. 94507
92.5.256.0626
144 -16-00 T.04LJ 02105 PM AL.AMO PAIe�g tZ 9926 P.02
1483 D#WNO Boulevwe! 4'0 c '•ya; Tell t=ram, 1.1 . I,AMO
Areae), 94W FW. 74
lid 7
We are pleased to submit this bid proposal for the painting of the exterlorersss of thtl home of:
W. Go" willsof»la
1417 th8 Rtr�tel
A/am% CA. 9:49Q07
(925)25"214
I. COPE OF PROJECT: (See Sedlon VI.)
The s pe of this pmject is Comprised of the preparation and ng of previously painted exterior
surface as specified In Bection Vl. All doorjambs, window trim and all standard trim shalt be pointed on all
facing Was. For superior durability and protectlon from potental deterioration caused by moisture and ultra
violet a, we recommend that all cls*,window trlrn, and door trim be paiwrttsd In low sheen or ash 4loss.
All wo petfomred on this project shall be of the highest professional quality and conform to all ward
indu3 practices.
All me rials used on this project shalt be of premitim grade quay. Product ldenti!' tion and performance
date sh is and material data sheets shsA be provided to the homeowners upon raquost. There shall be no
devil in materials or scope of work as pre In this proposal without formal prior approval of owner.
AlI add ions or change orders shall be executed in writing.
II. PARATION:
Every xtedor surface shall be powerwashed at the appropriate pressure. Every area and surface to be
coated hall be prepared In accordance with standard industry practice. This shall Include,but Is not limited to,
the ole Ing orf of any foreIgn substance, caulking of all spills and joints not designed for expansion, and
remove and replacement of failed coulk end pat kV mater als,
r FILING, SPACKLING.PRWNG,
All ba wood shall be primed with the appropriate prirmer .sir. Frust Inhibitive prinw shall be appltad to all
expo nail heads and an other metal surfaces. All nails which have failed or have backed out shelf be
replace with galvanized box nabs. T.S.P. and bleach aha#be used to bill fungus and mlklew, and to remove
bird d 'ngs and resi"stains.
Every s islaosshal be scraped, patched and filled, as required, prior to pruner and topcoat appiicaWn.Wood
and al surfaces shall be sanded as required to erne proper gating application. Any dry rot or other
damai will be reported to owner prior to applications.Special sttentlon sitar be given to high traffic areas.
Addifloi of preparation as contained In speciflcatlons or agreed to in writing between owner and contractor
shall be performed on every designated surface and In keeping with standard industry practice.
III. PPUCATION:
Apph" ran of costings shall be by sirloss sprayers, brush, rollers, pads, and methods in keeping W*stands Industry practice,
Paints all be back-brushed to work material thoroughly into porous and decaying wood c olls, and/or back-
rolled t further fit an hairline cracks and Insure feasting protection and an evert alspsersnca an every woad
surfs as required,
Facia b oards Mall be trim pointed front end bottom.AD exposed conduit and junction boxes shall be poo tad,
unless Ahetwlse spoofed by owner. Downspouts shell be pointed to match trim or sidling irnrmediat+ely bahlnd,
."Alt-16-00 TF1U 02:06 PM At_AMC1 PAINTIhIG /�✓� �,/ G-� '"� P.03
mWORKMANSHIP!
Great I grV will be takers tO pnotW all WK1900ping, Iff% atlon, private Property of Msrl WIS and their questa,
a Iles.fbdums.etc.
Every teas ow to be pslrrted *halt be masked, covered, and thoroughly protecled. There *hall be no over-
spray r paint spills. Any #cGidertta ! spillage mill be krarrheaitBFy elAd t�arrrp *ly. AN
sand material and equipment shall beg up arx!property stored at the dose of each day.
Hom or should, #possible, schedule window washing, iatrtdtaapltlq proecta etc unto arRer cortiletion of
pairin
The t` surfaces shall show no signs of a age, runs, ridges, drips, "ding, laps, brush or roller marks,
areas or other Imperfections.Alamo Pestorallion Painting and h errapioyeesc shall at all terries pnsWt
and co duct themselves,in a good, orderly, professional and workmanlike mariner.
V. MATERIALS:
Contra 3or shall have a faictory representative walk the Bite and approve aril mreiaertals to be Incorporated.
Contra ftr shah work closely with owner to assure desired csoksr seledtlon Final color selections by owner
shall agreed to In writing prior to the oemml ncernent of WOdL
Contra shall make tav*pabie a complete rat of ma le upon r"equeet,prior to commencement of work.
Upon c omplation, contractor*Mall provide owner with sufficient quantity of each color point for future Wuch-up.
Vf. Scope of Work - Additions and E olations:
JaCOMP4te ExWlar�"Int.
udes sli previouslypalnt+®d esderior surfaces.
her includes garden t�hts at e�ratrencoe.
ion to all standard prep as*felted in Section li of bid doc uwow t, speciaal Mention shall be glwn to.
vexed doors cif treat deck.& Ea ws.same or similar ail Asti*ting,rs, similar to e4sting.
as.dairker than body,lighter than gutlars.
Ad 111tional posable trim areas.to be determined,such as hcorkw tai band just above foundation,sof d at
on, nce and/or cross bons at enbwce,etc.
• W YAN work closely With horneowneir to achieve desired oolorltrim soheme.
• Co or sample paint-outs shall be provided.
-Point hg of"Mier is mquftd dale to drat and f mAp mouser from+r:/hNak WWWOR9 pra�pecf
con"wwoft oxbow 9066W
OW A"
a
lr4udes all exposed surfec3esa of the previously painted deck.At backyard.
• C ter sink all nails.
• So id oll tread surkme wrlth a walk-behind sender to removes all loose and failing exls ft Product.
• A two coats premium grade deck paint to all surfaces.
• Cc br- to match adjacent deck as dosely as posse.
Wem vW be WPM~rrieet at m ccsmmsews to r+avlaw c*fiht W path,EMat uct data sheets sc
MAR-16-00 7NU 02:07 PM ALAMO PAINTING 926 743 9926 P.04
A{smo P Inttrg&RefiniWng 'fir 2� Cakyomis!!Dart"#0303"
1403 Dee► a +pro TaN Free. 1.8tiQ OK-ALAMC
Maw. 94507 Tium",Mam,
BASE ![3:WE PROP0611 to suCCeGOURy 6X*16ts iD ' oto:
sum: 94 ?
SWI. $900.00
FINANCING: VW ARE PLEASED TO OFFER 90 DAYS SAME AS!:�W FINANCING FOR ,
THIS PROJECT, IF DZSIXE%
8c"E.E1JLE OF PAYMENTS.
MATE ALS WOW:(Dine upon acceptance of conbred for fnatwiais.onli to.W4restart
@ '!: 4g4.00
010ft. 200.00
ONE P WRESS PAYMENT" OF 70% OF THE BALANCE QUE UPON CCWPt„ETE1t7N 9r, 09%:OF THF,
PROD T,AND APPROVAL BY OMtNER. BALANCE DUE UPON CC111APt.E'fHON AND pC{ -PTANC'rE.
Please rall if you Dave any questions.
*Bid pn Mals valid for 45 days.
THANK YOU for considedng,A larno Painting for this exterior Painting pr i tct.
If you r;lotAd have any quedons oonceftng tilts bid,Please feet free to Call us at 925 743-2 26.
-------------------------------------------------------------
CUT ALONG DOTTE0 LINE&SEND IN WITH DEMS171'
ACCEPTANCE
The 00ve prices, spoditations and conditions are Saft%Ct0fy and are hereby*=epW.
Nou are authorized to do the work as spoofed. Payment vAn be made as ouElined above.
ignat Ignature
tee a
Upon cceptanm, pJasse ern above and send An depoO asstoW above to
Ale Painting, 1483 Donv17,to&au*vard, Alamo, CA 94507
MRFt-16-00 THU 02.07 PM ALAMO Pt'sINTINC, 5125 743 5+926 p.05
f 'z �.yy.yy
N 7 7 OWNER
Alamrsp ,aiming eMeavom to work closely and communicate fully with horne cWner to accommodate ow
ciient's ds in regards to scope of work to be pefomned, scheduing of work *W color and shoon
decwor is.
Upon at captance of bid proposal by homeowner,the following conditions shell apply:
(D 929 , jedgn: Section of topcoat colors, she" and paint rnewnufacxur+ar must be finalized at least
72 horns prior to scheduled start dots.
t) Gtr cha Sevonty4iw dollam flat fee for change of color plus*ctuld Colt of materials.
Example: Char►gar of two colors x $150.00 plus atWai oast of Mriter191S.
0 ggbr SpM $25.00 per additional color away point out.
4) QMW oCiRn of, LA $37.50 per hour past painter for any dupilcatiah of work squired as a result of
color grange or revision in scope of work from originarl contact.
s P f ; 5 Alamo Painting smployeea arrive at job site at the s heduled day and time agn+eed
upon wtth homeowner and are unable to porfbrm work specifled In contract than to
s of homeowner, . or a being by other
ttr es people; homeowner shag be lime for pay nw*4 to ctmbeftr at the raw of
$37.50 per hour par pointer for every hoar or po tion or* that conbVctors
employees arra prohlbW from porlbrming spedfired contract work not to +exc*W 8
how's per day. Rosc hed uling of work not pedormad under such txmditions she#be at
txm�t�r's d�earetion,
patio proposal
Nim 3M7100 M20 AM Pafc Stwndwd Tlms
*Icm. SVAJW
W. amizotn
Awdt 17,20M
a'lerfe Wi�Qians
1417 Lamm RcL
kbM CA 9507
, }2584M
3aesw flans,
hoop-spared the tamp p Rood liar the eaded+or p dntbV of your homas. kvirwdod in this propooeri are aA o* is frx Meb w,
Ms and equiprrnKL The k twt of tNo pray jod is tro prime a kva iast tV cadh an the esrterlar of yo x harThe
Kaftes lnc xled in tins bid we as Marrws.
1. T111 kkV,ledo trim, WAters,vAndowtdfn, bottom trim
Ffart
. d ^'ft, �� ,oy,o,
� ra, s rV
P'PiC.1R TO PAINTING
Alt vdfl be vwwhed with a i power vasdrsr. Any ar+eers shcWnp tlnVus or mlidewvl bo trvaW Lofts
ackillon d"blanch and wertarr. Any popping renis WN be wwrlled. Any new vrryad or bars wooct Will be primed. Any we*
10Irrp n*vat be;spot Aimed. Any eros shoring tdft trY'peeling vkfN be harst++wcrrWW,sainclocl and pruned. Any pp,
c mors or othw arve s nssding cash ng WN be+caulked.
PAINTING PROCEDURE
The wood olding vA l be pdrrted ONE COAT A►T by sp W and bwalvali sppkWcn acrd a SECOND COAT by spay appikMon.
The trim WN be painted TWO COATS by brush applca llort The dock varil be printed r*VO COATS by bush and roll
applc�tian.
SAFETY&ACCESS
AN>>rreers vAll be kept clean and ardewty. As vurxk is completed the wase M be pdkmd arid lalt dean You will be
r�raspcarnrrtbie for rrrcriirrg any iterrrs eseergr ttaarrr the horJrres,vrtric r rrrigl �t in the vwir. Yoga v+illsilo be r+ssparsible 1br cut"
beck a w p wft ar subs tcnrr,ft the stshow to be printed. Flambe,shrautaafs, kers and other surlfr wo rot to be printed hili
be cawsrsd or pate lad imam peiint mrtawids boot se poe ibis, At w rremawtng sono stubborn pbmts such as ivy, merWnp ar
pets of the punt may remain tan the vwil. VW vat swwo this alit the best war Carr,harnasetiew,some inose aiw "rwndn an
fire wd sill con be seen ewrr atter,omaid vrith paw
H1iile vel nead owns to varster wrd electricity.
PROCUCTSTO BE USED
1, Evers,vsrod aidng, body trim-Pittsburgh Manor Mail Rat or Sem
Comes
Z Peels trim,ortteras-Pitlasbttrrgh Mw w Ffid Semlpgioee
3 Deck-Cabot*Sciid[peck Stain
.... .......... ...... .................. .
keep to mkW two a*dftw ofqudty If i paint. V%hm chow R
w e roneidsred to be wr arg the best products on the nuke.
CXXORS
The acW colas two rat boon d+etwndnld,h maw,We bid umwm v1e M Now the wdattrtp tdm 8dwm The*ctar,
guttema,dartrybmirs and cdkma vA tors peinbad amradar and air obs arrrliroes,t.a. ddlrg,alydmv trlm, doom,
dc.WO be pointed o#e and color: The deck color Is to be d wrdno& The tat doors wd side koft Wit be rwrtt got
DURATM OF PROJECT
Th*project vA reorer g I,i admately 10 days for mat c omplallom ykewrritrtp all ttwrrr ars .)
PROPOSAL PRICE
The propasal pdce to prtepwo aid main the book deck is$MOQ
The proposal pdce to paint the haure as spectttsd to$7,27MM
COST HFMAKDOVW"XXE)
LABOR:
Pawwer wnh 16 hours
Prop vmrk on aldr9tody•acarepirg,srenr#ngl,caMngg, etc. 24 hours
Mork wd drop 24 hours
Paint vraod dd%fborfy 56 hours
PrepAwrt todoloulterlpbeam acrd oak=* 43 horns �
P4+e V4wrdsh 2rc that doors►and adds#&b 8 ha"......... �*r
Pn*fp rrt 2x kruwand doors 3 hom
twreptpairtt aide gwagis door wtd c a trg 2 horns
testy dew up 4 ham
Tdd t icUnr 180 hour
MOVERtALS:
P olnt "MW
tllfti (rrwemfv#trrt,mks cxywers,tope, etc.) $125.00
Ttid Matmials 75`OO
TOM kdxw 184 ham at$3&00 per haus ft3MO0
TaW $Umoo
TOTAL COST
r
PAYMEtV't"IMOR LAR, ECitIIPMEW#t MATERIALS
No depcnslt is required RA payment WN be due at oon*kdm of the job. For proof d Inusarrco wd vski pkw"rx tly
or arca This bid is good for thirty days.
7tw*you ibr the apportr,eity to bid an#ter►prat. If you hone wty queetir m, pieaae don't heattata to can. t uncia farwsrd to
tmmkv tan you
swcwyr
wu...trr.Itr.s�er► awriw■.clwRrrNM.ArMrr ftwm 2
Stem D %Mrr N* Preddw t
CAUP RM COLORS P'AINTMJA W., INC.
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7-1
1 25
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APPLICATION TO FILE LATE CLAIM TUNE E 2000
BOARD OF SUP VISORS OF COKnA STA , CALIFORNIA s
BOARD ACTION
Application to File Late Claim ) NOTICE TO APPLICANT
Against the County, Routing ) The copy of this To—cumenE malleg to you is your
Endorsements, and Board Action.) notice of the action taken on your application by
(All Section References are to the Hoard of Supervisors (Paragraph III, below),
California Government Code.) , given pursuant to Government Code Sections 911.8 and
915.4. Please note the "WARNING" below.
Claimant: RUDY MC CONAHEY
Attorneys ' `-` lflO
COUNTY COUNSEL
Address: c/o Martinez Detention Facility MARTINEZ CALIF.
901 COURT STREET, C-29
Amounts MARTINEZ CA 94553 By delivery to Clerk on MAY 5, 2000
$10,000,000.00
Date Reoeiveds MAY 5, 2000 B9 mail, postmarked on MAY 4, 2000
I. s Clerk o he Board of Supervisors 70% County Counsel
Attached is a copy of the above noted Application to File Late Claim.
DATED: MAY 7, 2000 PHIL BATCHELOR, Clerk, By + - Deputy
I. FROM: un y Counsel s Clark of Me- of Supervisors
{ ) The Board should grant this Application to File Late Claim (Section 911.8).
( ...,,Y`r T'he Board should deny this Application to File Late Claim (Section 911.6).
DATED: r00 VICTOR WESTMAN, County Counsel, By&—,4 ` � - Deputy
Hy unanimous vo e of Supery cors present
(Check one only)
{ ) This Application is granted (Section 911.6).
{ This Application to Fjle Late Claim is denied (Section 911.6).
I certify that this is a true and correct copy of the Hoard's Order entered in its
minutes for this date.
DATES PHIL BATCHELOR, Clerk, By Deputy
WA (Gov. Code 3911.8)
If you wish to file a court action on this matter, you must first petition the
appropriate court for an order relieving you from the provisions of Goverment Code
Section 945.4 (claims presentation requirement). See Government Cale Section 946.6. Such
petition must be filed with the court within six (6) months from the date your application
for leave to present a late claim was denied.
Tar may seek the advise of any attorney of your choice in connection with this
matter. If M want to consult an attorne you should do so immediate1z.
V. FROMt Clerk o : County Counsel T2) County A a ra or
Attached are copies of the above Application. We notifed the applicant of the
Board's action on this Applioatition by mailing a copy of this document, and a memo thereof
has ben filed and endorsed on the Hoard's copy of this Claim in accordance with Section
'97113•
DATEDs '7 -Z� PHIL BATCHELOR, Clark.
gy►-7* De Y
V. : nty uunse 2 County A strator Tbs Clerk o t e Hoar
of Supervisors
Received copies of this Application and Board Order.
DATED: County Counsel, By
County Administrator, BY
APPLICATION TO FILE LATE CLAIM
April 27th, 20100
The Board of Supervisors
County Administration Building
651 Pine Street Room 106
Martinez,California 94553- 1293
MAY 5 2000
t
i
Re: Leave to Present a Late Claim
f
Si rs:
The claim I presented to the Board of Supervisors of Contra Costa County, California,
reviewed by County Counsel and returned to ine because,as you refer, was not presented within
the time limit as required by law, hereby:
1, Rudy R. McConahey, apply for LEAVE TO PRESENT A LATE CLAIM (See Exhibit A,
Government Code rection 911.4); 1 have been in custody since 8/12/99 and now serving a 3
years prison term, which makes me eligible to apply for re-filing the enclosed claim.
Respectfully submitted,
1 Y6J
Rudy R. McConahey P71976
MCSP M 1 F 04U
P. 0. Box 409000
lone,CA 95640-9000
Affidavit of Mailing
I declare under penalty of perjury that I am now, and at all times here mentioned, have beer, a
citizen of the United States, over age 18, and that today I deposited in the United States Postal
Service in lone,California, postage fully prepaid,a copy of the above LEAVE TO PRESENT A LATE
CLAIM,addressed as shown above.
Date: 04/27/00
Rudy R Me-Co: hey
§ 911.4. Permission to Present claim not timely presented; Application to board
(a) When a claim that is required by Section 911.2 to be presented not later than sic months
after the accrual of the cause of action is not presented within that time, a written application may
be made to the public entity for leave to present that claim.
(b) The application shall be presented to the public entity as provided in Article 2
(commencing with Section 915) within a reasonable time not to exceed one year after the
accrual of the cause of action and shall state the reason for the delay in presenting the claim. The
proposed claim shall be attached to the application.
(c) In computing the one-year period under subdivision (b),time during which the person
who sustained the alleged injury, damage, or loss as a minor shall be counted, but the time during
which he or she is mentally incapacitated and does not have a guardian or conservator of his or
her person shall not be counted.
�_ Jn.addition, the time shall not-be-counted during which the person is detained r adjudged
to be a dependent child of the juvenile court under the Arnold-ken' mck Juvenile Court Law
(Chapter 2 (commencing with Section 200) of Part 1 of Division 2 of the Welfare and
Institutions Code), if both of the following conditions exist.
(1)The person is in the custody and control of an agency of the public entity to which a claim
is to be presented.
(2) The public entity or its agency having custody and control of the minor is required by
statute or other law to make a report of injury, abuse, or neglect to either the juvenile court or the
minor's attorney, and that entity or its agency fails to make this report within the time required by
the statute or other enactment,with this time period to commence on the date on which the
public entity or its agency becomes aware of the injury,neglect, or abuse. in circumstances
where the public entity or its agency makes a late report,the claim period shall be tolled for the
period of the delay caused by the failure to make a timely report.
0 2000 Matthew[tender&Compare,Inc.,one of the LEXIS huhlishingrM companies.All rights reserved.
JI to •` 16 ,P ,qtr .,f .lam
-Qj� �./� p� /� ��i Contra
Phil Batchelor
h V V R 7w! of �iir pear Visors �/�d��I Clark of the Board
Costa and
County Administration Building County Administrator
651 fine Street, Roam 106 is2�>ass tst�c�
Martinez, California 94553-1293 County
John Gioia, 1st District
17
Gayle Uilkema,2nd District
Donna Gerber,3rd District
Mark DeSaulnier,4th District a
Joe Canclamilia,5th District # I MAy 5 2000
r` t'm 6 -
TO: Rudy R. McConahey
Martinez Detention Facility
901 Court Street, C-29
Martinez, CA 94553
NOTICE TO CLAIMANT
(Of Late-Filed Claim)
(Government Code Section 911.3)
The claim you presented to the Board of Supervisors of Contra Costa County,
California, as governing body of the County of Contra Costa on October 27, 1999, has been
reviewed by County Counsel and is being returned to you herewith because:
-_ Your claim for an injury to person or personal property which arose on or before
December 31, 1987 was not presented within 100 days after the event or occurrence as
required by law. (See Government Code sections 901 and 9112)
X Your claim for an injury to person or personal property which arose on or after
January 1, 1988 was not presented within six months of the event or occurrence as required
by law. (See Government Code sections 901 and 911.2)
— Your claim relating to a cause of action other than injury to person, personal
property or growing crops was not presented within one year after the event or occurrence as
required by law. (See Government Code sections 901 and 911.2)
Because the claim was not presented within the time allowed by law, no action was
taken on the claim.
Your only recourse at this time is to apply without delay for leave to present late
claim. (See Government Code sections 911.4 to 912.2 and 946.6) Under ep
som
circumstances leave to present a late claim will be granted. {See Government Code section
I:\TORT\RI SK-MGT VMAIMS\LATE\1 Form.wpd
911.6)
You may seek the advice of an attorney of your choice in connection with this matter.
If you desire to consult an attorney, you should do so immediately.
[late:
c PHIL BATCHELOR, Clerk of the Board
of Supervisors and County Administrator
Byip4; 24rA
puty Clerk
Enclosure
Affidavit of Mailing
I declare under penalty of perjury that I am now, and at all times herein mentioned, have
been a citizen of the United States, over age 18, and that today I deposited in the United
States Postal Service in Martinez, California, postage fully prepaid, a copy of the above
NOTICE TO CLAIMANT (OF LATE-FILED CLAIM), addressed to the claimant as shown
above.
Date: &CO
06puty Clerk
I:\TORT\RISK-MGT\CLAIMS\LATE\1Form.wpd
Claim to: BOARD.OF SUPERVISORS OF CON'T'RA COSTA COUNTY '7`4`
INSTRUCTIONS TO CI,�VI`
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 10&day
after the accrual of the cause of action. Claims relating to causes of action for death or for injury to
person or to personal property or growing crops and which accrue on or after January 1, 1988, must be
presented not later than six months after the accrual of the cause of action. Claims relating to any other
cause of action must be presented not later than one year after the accrual of the cause of action.
(Gov't Code 911.2.)
B. Claims must be filed with the Cleric of the Board of Supervisors at its office in Room 106, County
Administration Building, 651 Pine Street, Martinez, CA 94553.
C. If claim is against a district governed by the Board of Supervisors,rather than the County, the name of
the District should be filled in.
D. If the claim is against more than one public entity, separate claims must be filed against each public
entity.
t
E. Emd. See penalty for fraudulent claims, Penal Code Sec. 72 at the end of this form.
RE: Claim By Reserved for Clerk's filing stamp
RECEIVED
Against the County of Contra Costa or ) -
FEB 2 3 1O
District)
(Fill in name) ) CLERK BOARD OF SUPERVISORS
CONTRA COSTA CO.
The undersigned claimant hereby makes claim against the County of Contra Costa or the above,-named district
in the sum of$ /0 Onf).r' :;yand 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)
h Cl
3. How did the damage or injury occur? (give full details; use extra paper if required)
'ry S 4'i f7a4i' /V
Ple,
4:' W?iat'particular actor omission on the part of county or district officers, servants, or employees caused the
' injury or damage? l �t��r {f>,;' '.. r'-?�- / ,' .:
ibx 0,y
5. What are the names of county or district officers, servants, or employees causing the damage or injury?
6. What damage or injuries d S you claim resulted? (Give full extent of injuries or damages claimed. h
two estimates for auto damage.) �C f 0t;�v, a-Alf- .
v . .
7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or
d$gL� e. ... r``>ts V '� >t f.. i}^r r /1,. r fr �r if}`:
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8. Names and addresses of witnesses, doctors, and hospitals. r
5c f l i civf
9. List theQenditures you made on ac?Dunt of this accident or injury.
DATE- AMUNI
Gov. Code Sec. 910.2 provides "The claim must be
signed by the claimant or by some person on his behalf."
SEND NUICES M , (Altoma
Name and Address of Attorney )
2-
(Cl i)mant's Signature)
(Address)
)
Telephone No. )Telephone No.
NOTICE
Section 72 of the Penal Code provides:
Every person who,with intent to defraud,presents for allowance or 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
emeeding one thousand(:61,040),or by both such imprisonment and fine,or by imprisonment in the state prison,by a fine of not
exceeding ten thousand dollars(S 10,000),or by both such imprisonment and fine.
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APPLICATION 70 FILE LATE CLAIM JUNE 6, 2004
BOARD OF SUP VISORS OF CONTRA COSTA COC.TNT'Y, CALIFORNIA
BOARD ACTION
Application to Fila Late Claim ) NOTICE TO APPLICANT
Against the County, Routing ) The copy of this "JocumenE malle3 to you is your
Endorsements, and Board Action.) notice of the action taken on your application by
(All Section References are to the Board of Supervisors ('Paragrap'h III, below),
California Government Code.) ) given pursuant to Goverment Code Sections 911.8 and
915.4. Please note the wWATOTM" below.
Claimants RUBY MC CONAHEY
Attorneys M/Ay '' hfi
COUNTY COUNSEL
Address: c/o Martinez Mention Facility MARTINEZ UALIF.
901 COURT STREET, C-29
Amounts MARTINEZ CA 94553 By delivery to Clerk on MAY 5, 2004
$10,000,000.00
Date Received: MAY 5, 2000 By mail, postmarked an MAY 41 2400
1. Ms MR of a Boar of Super cors TOs County Counsel
Attached is a copy of the above noted Application to File Late Claim.
DATED: MAY 7, 2000 PHIL BATCHELOR, Cleric, ByQQL�IJ_ Deputy
I. FROMs County Counsel TTI Mork o the OR Bf Supervisors
( ) The Hoard should grant this Application to File Late Claim (Section 911.6).
( The Board should deny this Application to File Late Claim (Section 911.6).
DAT'EDs ` - 00 VICTOR WESTMAN, County CounselDeputy
By mous vo e o Supervisors present
(Check one only)
( ) This Application is granted (Section 911.6).
( This Application to Me 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: ,! rr_ PHIL BATCHELOR, Clerk, By !2 .- La Deputy
WARNING (dov. Cade S911.8)
If you wish to file a court action an this matter, you must first petition the
appropriate court for an order relieving you from the provisions of Government Code
Section 945.4 (claims presentation requirement). See Goverrxmt Code Section 946.6. Such
petition must be filed with the court within six (6) monthe from 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 ommotion with this
matter. If you want to o=ult an attorney, should do so immediate) .
FROM: MWW of Board 703 County Counsel (2) County AdministraEor
Attached are copies of the above Application. We notifed the applicant of the
Boards 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 a000rdanoe with Section
29T03•
DATED: '7 PHIL BATCHELOR, Clerk, E4y - _ Day
Y. a 1 un y &-w—NU T23 MURty--Administrator TO: Mork of EEO Hoar
Received copies of this Application and Ward Larder. of Supervisors
DATEDs County Counsel, By
County Administrator, By
APPLICATION TO FILE LATE CLAY!
APPLICATION TO BILE LATE CLAIM
BOARD OF SUP VISORS STA , CALIFORNIA JUNE 6, 2000
MARD ACTION
Application to File Late Claim ? NOTICE TO APPLICANT
Against the County, Routing ) The copy of this Hocument maile3 to you is your
Endorsements, and Hoard Action.) notice of the action taken on your application by
(All Section Refersixas are to the Hoard of Supervisors (Paragraph III, below),
California Goveronment Code.) ) given pursuant to Government Code Sections 911.6 and
915.4. Please note the *ANNING" below.
Claimants DOAK A. SCUDDER
Attorneys MAY 0 9 �n
Address: 676 RODEO AVENUE COUNTY
COUNIrl
RODEO CA 94572
Amounts $1,200.00 By delivery to Clark on ___ _MAY 8,__2000_
Data Received: MAY 8, 2000 Bynail, postmarked on
UNREADABLE
M: Mork o e OUR of Supe cors Iris ty el
Attached is a copy of the above noted Application to File Late Claim.
DATED s MAY 8. 2000 PHIL SATC HELM, Clark, By � °' � Deputy
s y eTO1 erk o the Board o Supervisors
( 3 The Hoard should grant this Application to File Late Claim (Section 911.6).
( ` The Board should deny this Application to File Late Claim (Section 911.6).
DATED _ V7CTOR WESTMAN, County Counsel, By. Deputy
mous vote o Supero cors presen
(Check one only)
( ) This Application is granted (Section 911.6).
( This Application to Fjle 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.
DATES 2. = PHIL BATCHELOR Clerk
, BY �� �� � � Deputy
WARN= (Oov. Coda +1911.8)
If you wish to fila a court action ars► this matter, you moat first petition the
appropriate court for an order relieving you from the provisions of Govertment Code
Section 945.4 (claims presentation requirement). Sea Government Coda Section 946.6. Such
petition must be filed with the court within rix (6) months from the data your application
for leave to present a late claim was denied.
You may reek the advise of any attorney of your ohcioe is connection with this
matter. If ym want to consult an a2em, vou should do so immediatai .
. FROM Cleric of M 13iR TOS y County s a or
Attached are copiers 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
No ban filed and endorsed on the Board's copy of this Claim in accordance with Section
59703.
DATED: PHIL BATt.'MM 9 Clerk, $y f � r p Y
V. s ty ty A nistra or Iris erk o t e Boar'
of Supervisors
Received copies of this Application and Board Order.
DATEDs___,4 County Counsel, Byy____�„
County Administrator, BY`
APPLICATION TO FILE LATE CLAIM
ETV
MAY 8 2000
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FELONY ORDER OF PROBATION
❑ CONCORD ❑ MARTINEZ ❑ PITTSBURG ❑ RICHMOND ❑WALNUT CREEK
DEFENDANT A11JA t'e v! ik!? DOCKET NO. C/�• 1��f,�� DEPT: �
The above named defendant having been convicted in this court of the offense(s)of violation 14-0-r 1--&I/
of:
IT IS ORDERED THAT: 2 imposition ❑execution of sentence be suspended during period of probation with the following terms and conditions:
iTER14E OF PR;BATION:(Applicable Items Checked): IN
I. STATE PRISON-�CECUTION SUSPENDED-Fixed Term of: 9• 13 Not have checking or charge accounts,or possess,control or have
custody of checks/credit cards,except checks payable to you.
/ yrs,Months California Department of Corrections.
1=0RMAL PROBATION GRANTED:Conditional and revocable 10. ❑ Do not own or possess or control any firearm or weapon.
d ❑ Weapon ordered 13 confiscated ❑destroyed
release in community with Probation supervision except as 11. 13returned to
specified by the Court.' -�
❑ COURT PROBATION GRANTED:Conditional and revocable 12. ❑ Do not annoy/harase/threaten/contact
release In community without Probation supervision except as 13. 0 Contact Probation Officer within 5(five)days.
specified by th urt. 14. ❑ OTHER:
Fora period of month /yr
p st�yrs)rom the date of this order. 15. ❑ Abstain from the use of alcoholic beverages.
® STANDARD TERMS(see reverse for standard terms and additional 16. Submit to drug/aisohel detection tests as dipcted by DPO or any
instructions) peau officer and pay costs not to exceed W$10.00 ❑
2. ❑ REVIEW DATE: 17. ❑,r Not go places where alcoholic beverages are the chief item of sale
❑ Defendant must appear in Court. 18, d Pay a laboratory analysis fee(H&S 11372.5)of$ ! ' and s
❑ Defendant need not appear unless directed by DPO. drug education fee(H&S 11372.7)of$
JAIUFINE/VOLUNTEER WORK/RESTITUTION
f - 19. 13 Not associate with or with an)
3. Be IMPRISONED / + hrs l'da y / months individuals designated in writing by the Probation Officer.
hrs / ay / months credit. PROAM TERMS
❑ hrs / days ! months suspended. 20. it Register per
H&S 11590 ❑PC 457.1 ❑PC 290
❑ Sentence to commence 21. ❑ Submit to all tests and pay all fees as directed by DPO.
i 13 Serve consecutive/concurrent with 22. ❑ Report to Post Conviction Drinking Driver's Program within 10 days
❑any imposed sentence, and comply with its rules and fee requirements.
❑ Take completed DL 103 to DMV within 30 days.
LIOther 23. Participate in counseling as directed by the Probation Officer and no,
❑ Main Jail ❑Work Alternative Program leave or terminate program without permission.
❑ Electronic Home Detention ❑in County allowed. 24, ❑ OTHER:
❑ Contact Custody Alternative Bureau(CAB)within 15 days DRIVING TERMS
❑ Remain in custody in the Contra Costa County Jail pending possible 25. ❑ Driving privilege restricted for to/during/from
release by the Probation Officer to a residential treatment program 13 Employment,treatment program 1:3 School
and balance of remaining jail sentence be suspended.
Day for day ❑No credit for time served in approved residential 26. ❑ Driving privilege suspended/revoked for
program unless successfully completed. '-ivv27. 13Not drive a motor vehicle unless properly licensed and insured.
t1� OTHER: r t, +' a. , 1"A- 28, 0 Not drive vehicle with any measurable alcohol in blood.
4. ❑ Pay a FINE o $ 1AA44"1 29. ❑ if arrested for a violation of 23152 or 23153 CVC, not refuse i
Id Pay RESTITUTION FINE of $ I� " I chemical test for the detection of alcohol.
/ ADDITIONAL TERMS
c Make monthly installments to Court Collections&Compliance Unit,
Complete payments by
❑ Pay to Clerk of Court by
i ❑ Probation to terminate upon payment of fine/completion of jail sent.
i
days jail concurrent/consecutive in lieu of fine. Although not a condition of Probation,you are ordered to pay the foilowinG
❑ OTHER: fees: ❑$25 Booking ❑$10 Cite j0 CJA$
5. ❑ Perform hrs VOLUNTEER COMMUNITY SERVICE ❑Other fees$ Gr Cost of Probation$ " month
❑In lieu of fine ❑OTHER: I HAVE READ AND RECEIVED A COPY OF THESE CONDITIONS OF PROBATION AND 1 UNDERSTANC
❑Show proof of completion to Court or DPO by BEREVOKEDAND IiFMAYY"BTHEM EENCUNDERSTAND AIL R SENTENCED As OTHERWISO MY SE PROVIDED Bi
6. ❑ Make RESTITUTION of$ to IAw.
❑ Make RESTITUTION as determined by the Probation Officer. DEFENDANT'S
SIGNATURE F
❑ Show proof of restitution to Court or DPO by
13 Honor # DOB
SOC. {i -_- .
j Honor any civil judgments as a result of this conviction. ADDRESSt j t+ t k,,,
❑ OTHER:
7. Submit your person,place of residence,storage locker or any vehicle CIIY `" t e' ST ZlP
under your control to search and seizure at any time of day or night, HOME PH.( d i_} f1 MSG.PH.
with or without warrant,to any peace officer.
E3for alcoholic beverages ❑ : TO THE SHERIFF:I HEREBY CERTIFY THAT THE FOREGOING IS A
KUMTHE ENTRY OF JUDGMENT OR ORDER AND IS YOUR AUTHORITY FOR
8. C� Not use or possess any dangerous drugs,narcotics,or narcotic THE EXECUT)ON THEREOF
paraphernalia without prescription.
JUDGE DATED
The Board of Supervisors Contra Phil of the oar
Clark of the Board
Costaand County
County Administration Building Administrator
651 Pine Street, Room 106 (925)335-1900
Martinez, California 54550-1293 County
John Gioia, 1st District "J
Gayle Uilkema,2nd District
Gonna Gerber,3rd District
Mark DeSaulnier,4th District H -: " i
Joe Canclamilla,5th District
TO: Doak Allen Scudder
676 Rodeo Drive
Rodeo, CA 94572
NOTICE TO CLAIMANT
(O#Late-Filed Claim)
(Government Code Section 911.3)
The claim you presented to the Board of Supervisors of Contra Costa County,
California, as governing body of the County of Contra Costa on October 27, 1999, has been
reviewed by County Counsel and is being returned to you herewith because;
Your claim for an injury to person or personal property which arose on or before
December 31, 1987 was not presented within 100 days after the event or occurrence as
required by law. (See Government Code sections 901 and 911.2)
X Your claim for an injury to person or personal property which arose on or after
January 1, 1988 was not presented within six months of the event or occurrence as required
by law. (See Government Code sections 901 and 911.2)
Your claim relating to a cause of action other than injury to person, personal
property or growing crops was not presented within one year after the event or occurrence as
required by law. (See Government Code sections 901 and 911.2)
Because the claim was not presented within the time allowed by law, no action was
taken on the claim.
Your only recourse at this time is to apply without delay for leave to present a late
claim. (See Government Code sections 911.4 to 912.2 and 946.6) Under some
circumstances leave to present a late claim will be granted. (See Government Code section
I:\TORT\RISK-MGT\CLAIMS\:IFiE\1Foran.wpd
yr i
911.6}
You may seek the advice of an attorney of your choice in connection with this matter.
If you desire to consult an attorney, you should do so immediately.
Date: _ �'� PHIL BATCHELOR, Clerk of the Board
of Supervisors and County Administrator
By: -'
uty Clerk
Enclosure
Affidavit of Mailing
I declare under penalty of perjury that I am now, and at all times herein mentioned, have
been a citizen of the United States, over age 18, and that today I deposited in the United
States Postal Service in Martinez, California, postage fully prepaid, a copy of the above
NOTICE TO CLAIMANT (OF LATE-FILED CLAIM), addressed to the claimant as shown
above.
Date:
DiWuty Clerk
I:\TORT\RISK-MGT\CLAIMS\LATE\lForTn.wpd
Claim tip: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY
INSTRC.7CTIONS TO CLAIMANT
A. Claims relating to causes of action for death or for injury to person or to personal property or growing
crops and which accrue on or before December 31, 1987, must be presented not later than the 100 ` day
after the accrual of the cause of action. Claims relating to causes of action for death or for injury to
person or to personal property or growing crops and which accrue on or after January 1, 1988, must be
presented not later than six months after the accrual of the cause of action. Claims relating to any other
cause of action must be presented not later than one year after the accrual of the cause of action.
(Gov't Code 911.2.)
B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 105, County
Administration Building, 551 Pine Street,Martinez, CA 94553.
C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of
the District should be filled in.
D. If the claim is against more than one public entity, separate claims must be filed against each public
entity.
E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at the end of this form.
RE: Claim By Reserved for Clerk's filing stamp
RECEIM
� MAR 2 7 2000
Against the County of Contra Costa or )
CLERK UDARD OF SUPERVISORS
Lcorl " nel C � (V`1 f District) GGiNTRA c0�FAC'Q.
(Fill in name) )
The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named district
in the sum of$� 0 t1 and in support of this claim represents qs foll�+*s:
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)
S(A 16(4 r) .e v e , Rodeo, - C6 n J-,',-, C 0 SJ-ci 0 4 K 5
3. How did the damage or injury occur? (Give full details; use extra paper if required)
Tkt caps towetA My car 't� lri4ns My !,cCOJe, Wr,J
5 (4*evy,A eJ, Tkt, p�,,+ a j v Arl� ly-Ad C-1,1 i�-, A / rte c
c �.s .s I r),fid C4y
re �
,� 4� .,..�-i�
A-1 What particular act or omission on the part of county or district officers, servants, or employees caused the
injury or damage?
tI 5crJ (,v totn...5 10fc,t�'►nb.� rv.� � 1Le141f✓ . Z4Crftu-ed m
Cir i ,c t r4c 41-4d. -fc)✓ 3C) � � , �1~ } C05( ' Y'tlt l2CO3 e'd �0 54,�- f,� 6c,
S. What are the names of county or district officers, servants, or employees causing the damage or injury?
Cdn+N Cos 4-C, CC) u y S rrl rf,
6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach
two estimates for auto damage.)
7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or
damage.)
8. Names and addresses of witnesses, doctors, and hospitals.
D(41 t), 0 r Iev4c. �-
9. List the expenditures you made on account of this accident or injury.
DATE TBAE AMOUNT
101-ell � ,00"0v
Gov. Code Sec. 910.2 provides "The claim must be
)
SEND NOTICES TO: t'Attorney signed by the claimant or by some person on his behalf."
Name and Address of Attorney )-6)
0
(Claimant's Signature)
C A RUJet,) Avr.
(Address)
Telephone No. )Telephone No.
NOTICE
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.
1 100979116
SCUDDER DOAK A
PLEASE READ ALL OF THIS FORM COMPLETELY
07
ADDITIONAL CITY TAX AND/OR VEHICLE RELEASE FEES MAY APPLY
THERE MAY BE RESTRICTIONS ON THE RELEASE OF THIS VEHICLE
1111�1f111flltll�ill�lllIIIIIIIiIIiN�lll �ll
*100979116
1 SCUDDER. DOAK A
4071 SUISUN AVE 0
RODEO ,CA 94572
,y,. }.: y }{
'�}'.:�i}:F:�::.•.......•. ..........::.........1M: �:.t.r.......:1. W�`:•..Tr:M'.�iiiv.•.•x::::• .?•�:?•:t:
NOTICE OF PENDING LIEN SALE FOR VEHICLE VALUED $4000 OR LESS
(Civil Crile§3072) LIEN SALE UNIT
P.O.BOX 9=17
TO WHOM IT MAY uONCERN` 3ACMAIM04TO,CA6423e3170
This Is to notify you that I Intend to sell this vehicle at a lien sale(public sale)because my towing,storage,or repair bill has not been paid. You may wish to
take one of the following actions:
1. Pay my bill and reclaim the vehicle before the sale date.
2. Stop the sale and dispute the lien In court. You may stop the sale by completing the Declaration of Opposition below and foward this notice to the DMV
In the enclosed envelope within 10 days of the date this notice was mailed
3. 91 egard this notice If you no longer own or want this vehicle so i can prooeed with the sale. However,if you are the last owner of record,you may be
//able for removal and disposition costs and Ilan not satisfied b sale of the vehicle.
LICENSE NUMBER STATE REGISTERED LICENSE EXPIRATION DATE VEHICLE IDENTIFICATION NUMBER(VIN)
VEHICLE 5M96339 CA 00 1GCCS14BOC8105295
DESCRIPTION MAKE YEAR MODEL BODY TYPE ENGINE NUMB ER(MOTORCYCLESONLY)
CHEV 82 1 PK y yy`{�
DATE VEHICLE CAME INTO MY POSSESSION RAOT OWNER BILLED FOR SERVICES/ DATE��OR SERVICES 8Y A�UBUC ANri NCTOYRAOEEWWAS AUTHORIZED
INFORMATION 06/01/49 KiE *POLICE IMPOUND* COMP [AYES ❑NCI
ABOUT MY The amount and basis for my lien and outstanding arkin vlolations ball is:
LIEN STORAGE TO,DATE AT THE RATE OF TOWING REPAIRS jPKN3V1%
�1RIATIONS COST TO CONDUCT SALEct+;vwtw22851
201.00 25.00 80PEEIDAY1 .00 0.00 70.00
The vehicle will be available for Inspecoon at least one hour prior to the sale.
INFORMATION DATE NICE OF SALE MAILED DATE OF SALE HOUR OF SALE
ABOUTTHE 06/09/99 1 07/12/99 10 :070 AM AM-----PM—
SALE LOCATION OF SALE(STREET ADDRESS) CITY STATE IP CODE
4020 SAN PABLO DAM ROAD EL SOBRANTE CA 94803
I hereby certify under penalty ofperjury under the laws of the State of California that the Information entered by me on this
document Is true and correct nd I have no information or belief that there is a valid defense to the claim which gives rise to
the lien, I
ATE SIGNA O IENHOLDE OR N7 ACTING FOR LIENHOLDER
06/09/9c.
UENHOLDER(NAME) TELEPHONE NUMBER BUREAU OF AUTOMOTIVE REPAIR NO.
CERTIFICATION CIVIC CENTER. AUTO CARE {510)223=2273 ,AL-044887
ADDRESS CITY STATE ZIP CODE'
4020 SAN PABLO DAM ROAD EL SOBRANTE, CA 94803
AGENT ACTING FOR LIENHOLDER(NAME) TELEPHONE NUMBER REGISTRATION SERVICE NUMBER
RITTER LIEN SALES SOUTH, INC. 1 (619) 583-6974 1 02501 ,
ADDRESS CITY STATE ZIP CODE
6374 EL CAJON BLVD. SAN DIEGO, CA 92115
TO: DEPARTMENT OF MOTOR VEHICLES
Please stop the lien sale of this vehicle because I wish to contest the claim of the lienholder. I understand the Ilenholder may file an
action in court and if judgment is given In his/her favor,I may be liable for the court costs. The address at which I may be served or
notified in person of any court action Is:
DECLARATION PRINT TRUE FULL NAME TELEPHCNENUMB£R
OF
OPPOSITION
ADDRESS CITY STATE ZIP CODE
(must be sent to MAILING ADDRESS IF DIFFERENT FROM ABOVE
DMV within 10
days of date I CERTIFY UNDER PENALTY OF PERJURY UNDER THE:LAWS OF THE STATE OF CALIFORNIA THAT THE INFORMATION
notice of dale THE DECLARATION IS TRUE AND CORRECM
mailed) DATE 7SIGNATURE
ATTENTION: a i�rDecI is i of 0 s{tion
a isle to Dacrvalid u vIl4 I you court have o �ieJ> isovw b+3 mowed to nt nue nwIt ihs an
REG 6"(REV,1/99) RLS FORM#001
2 e` ' ,
NOTICE OF STORED VEHICLE (22852 CVC)
Date of Report': 6/2/99 1Date!Removedl :8/1/99 71Ci!s-e Number:99-14853
A. ATTtNTION VEHICLE OWNER
The vehicle Identified below,registered/owner In your name,has been stored pursuant to the provisions of the Vehicle Code by the Contra Costa
County Sheriffs Office.
Under the provisions of Section 22852 of the Vehicle Code, you have a right to a hearing to determine the validity of this storage. If you desire
to contest the validity of this storage you must request the hearing in writing, In person, or telephone at the office identified as the"Storing
Office"on this form. The vehicle storage hearing is an Informal process to determine whether or not a vehicle has been stored lawfully.
Your request for a hearing must be received within ten(10)DAYS FROM THE DATE OF THIS NOTICE. If your request a hearing It will be
conducted within 48 hours of the request,excluding weekends and holidays. Your failure to request or attend a scheduled hearing shelf satisfy
the most-Storage Validity Hearing requirements of Section 22852 of the Vehicle Code.
If the hearing determines the storage to be invalid, the Storing Office will be responsible for the towing and storage charges. If you have any
questions,or If this-vehicle is no longer owned by you, please contact the Storing Office.
Year&Make Body Style Lic. Number,State&Year E nglne Number#(Motorcycles)
1982 Ci�r v a-10 P)IU Div#av:�s8 Gr"c 2j00
Vehicle Id. 1GCCS14BOC8105295 Odomoter Reading: 73168 Vehicle Conditon(X Applicable Items)
Driveabie
b :J. F#lipp#/#52017 Wracked n))
Removal Authority Y Striped n )
Pla es ) None( ) One(x)Two
Authorized For Removal and reason for Storage
)) 225
22669(VC) THIS VEHICLE WILL BE DISPOSED OF 15 BAYS AFTER DATE OF THIS REPORT.
x) 14602.6VC-30 Day HOld
22655.5CVC
REGISTERED OWNER: STORING OFFICE:
Doak A. Scudder Bay Station
401 Suisun Ave. CONTRA COSTA COUNTY SHERIFF'S OFFICE
Rodeo, CA 94572 51--262-4203
B. NOTICE TO DEPARTMENT OF JUSTICE:(IF APPROPRIATE)
NOTE: :Sond to
( )We have been unable to give notice to the owner of record as required by Section 22852 of CVC and the vehicle after 120 hours of
storage, has not been returned. NOTE: Send to P.O. Box 13417, Sacramento, CA 95813(Sectlon 2�853CVC)
C. CERTIFICATION
I hereby certlfy that notices with tage prepaid were deposited in the United States mail, and that these notices, of which this Is a copy,were
addressed#o thpos
e person named sin.
Name and Title: Location: Cate Deposited:
Field Operations Bureau
LEGAL OWNER: Vehicle Stored At:
Civic Center Tow
510-223-2273
S1.J`.':yPEN1:>I":D OR REVOKED*
Dl::"E'FlR l..ME'NTHL... HCT'IONS : 3�
,.
PROOF i`S i::.ial Vl 1.r:.....i3 i,► ...98*•f•i,...flM : ►..}3"".:...t«.-"0 2*
OWNERS COVC'RHC I;: PROOF F ON E"':I:L..,E"`•M
:SRV I_.:IC.: `.��l.ltaPENDEDx•EFF :12•_.;.=aft ...9l*t:JRDER 1' R I:l...E`I:i :"l:l......3t`t.._97*
RUTH : 1 "3 35 32 .231585 85 -
RE RSON :C'7CC1.:"`S IVE :E'31...t:3OD HL..0 O1•It;:L L.E"VE"1.. *fit RV:I:C:C:: ::7/11.... .:30- 97—x
DRV I_.'IC Sl.ISPENDE::Dx•rE'F : 02- '1 ...98-t"Ih':itl::R I"RI:►._ED : 02...17.._98*
0+t.1"1 H :.1 64 84 •*-
Rl..,RSON : :INSURANCE CURT CHNCE1._l.. C'::f)v">ERV:ICE : :I/0 3... 1_2....98*
DRV L,.I C RS"i`RC:T ION•x i::°I. F : 0 3...22...9t:)*OR:C►i:R I"A I'1...FD : ►"I7... 29-99•H•
RUTH :13 35:?`•. R ERV:ICI" :H/07-2ria _99*
CONVICTIONS :
VT',t:31.../:I:T CONV/DT SE'C/V:IOl.. T:KT/NO DI.°:31'' (".'t::11..3R`k•' VC"1I/1. :IC
01•-26....93 03-25-93 .x::311.13 VC 008647 3946(l
01 -13- 95 02-28-95 231521.3 VC 013534 39461)
t..l P:1:'30.1.1_�::.D : C:f;;3 -09 -95-m-
03- 08- 97
..c.a5.m.s:►.;3- I::►8- 97 05- 28-97 27 :1 I:iE VC 4156808 07460 2K29988
UPDATED :: i..5-29 -97-9-
08- 11-97
"x:37°9.ii<8 1.:1_.. x:37 09-29-97 27:3:1.5D VC 4364816 01460 '~il"19 3 39
L.JF''DH"l_ED :"I.,►::►__02...97.x.
IA- 18-97 02-03-98 22450 VC 4492346 07460 5M96339
UPDR 1..1:::1: : 02 -•05 -98.9•
11-30- 97 I::I8...:1.S "98 ' 2::3:1.E:2 VC 164350 48430 Sl"696 3::39
AMEND CONSENT .IST. 03-22-99
UPDATED:: ►"17...22"..99*
COURT PROBATION TERMS THROUGH 08--.17 -01.. ,
VIOLATION DATF I'L 3 .1.... 31,►... 97 , DOCKET NUMBER R .1.h.41 511
Sl•lH1...1.. NOT C..1.iP1MIT CRIMINAL OFFENSE .. Fit=:F1.3`".>E BR(-'-'
TEST . OR DRIVE VEHICLE WITH RLCO OL. IN 1"31...i"fiOD
OBEY Y H1...L l...F=1WS
COMPLY WITH l'l S I.NTE"Nt.INC
`:51.1100 I.T PR+4)i'l::.2,.1 Y/F'E RSON TO SEARCH
CONSUME E NO F•3L..t..t.11•l(..i1...
DR IVE ONLY I4- 1..,.I.CEN°,ED AND IN4,1.lRi"..D
REPORT T CHANGE:" OF (SES I.'D1::::NCE/E':"IYPL...OY1yFN.l..
FAILURES TO APPEAR :
:
NONE*
NONE-*
END
622 102799 2799 27 0015 V:IR $ 5 . t f.)
J::)`,.PF-1R `i`11::NT OF MC.)J 1"t':R VEI
.. . .C::I.)S..I.I)! 1E R Rl::C::F:I:E'x..I.. C:C)PY•x•): x
T)Ie.I.ViR I.-I C!'::.N°:x{:::.1.I.D .N'T IF IC..F'•3..1...I ON CRRT)
'L ON R F:.tQ(A':-:)"C'
.1f-1/27/99
)HI::t:��:�i;J:':3;3E:)d:' .ri�::�'i•N��i3lJ afi�:i1..
T)HTE:: :::1"'10-27- 9 3.x."1 :TIE:" :*J 6 :1:1•x•
DI,,,/NC.) :N5:.3C)5681•*•
T-1/1) : ).):.r... 06 .19!:'79-x NH1°IE:. :`.a(..:1.JD-'[,')L::R ,:I:)t..)RK HL_1.. 1:..1:.-N*
ReES HDD RS OF C);3.. ,:rRr._99 :4I:)`I,. SL).ESUN HV1"•:: , RC:DI`::C:) 94572*
C:)T H H:E:)D HS of"' 07... gyriµ)... 95 :6832 S I:I'L.,C:H C:..1.. ;
R V::1
SC:l.)7::):C)L;'R ,T:)l.JRK H•xCx{wt. .1)EI'ti A)t:)Hl; Hl .i_.I:NHc7C:Y:Ea:C)I"::?i .:C'u::)HI:: RLI....E:"N�x.r>(::I.J'.DNI:"`I:Z ,T.)(::)Rl,:: HL..L. I: Nx
TI:),EN..I.,.IT Y:ING 'I:NFC)E"21"IH"P'IC)N :
S1:X :I"IHL.AL'•x1•R1R : `)CZt:7WN•x•E'YE S :'BRN•x,Il"I" :6--.01.')•xW'T ::1.84.,x
L.1:C::/:I;`:`:S : I:)4 -('1<3."c3"-m- EX F, : f.)f:r..."C;)6...99*F?18I` I.*C.".F'3t:S :H C01111IF"RCI:HI,.x
1:)OU1:31 EF:;1TR'I:,'I....l::,S,
1117DICFII_ L:XP IRE'S : 07- 19 19 97•x
:1::)I.". t'EwN:I::)•I:NG HPPI...ICHT:I.'ON :P;:-N:C)INC:r HL.)'T't")IIR 1'1'::;:E:) HE''E'x•
CC'JI"31"IERCIHL.. I...IC:I:".NSE" `>"I.H`fUS
LICENSE NOT VRL..ID FOR {":t:)!"I1 IE::I:{: IFII"_ C)CSE:'IiF=1"I':I:t:)N/C;I,JF�EiI: N E' i"1t:`T):IC;HI.,.. E:''XHI"I RE-1-10R]"
REQ ,
i:;US 'E ND!-!-%D OR RT..V()KFDx.
DE:"I'Hh''1"1"IL:"N`T'HL... HCTIONS :
PROOF �;:::C;} :V/�. r_3FT ..��exx•.I..E�r'il I :():3""r':<"' .•El�jx
OWNERS C O W..I"•:HC:E E'rliOOl ' ON I":I1..14
DRV I...IC S(J�P1j._NS:) mDx-E w f1` :12....30 _97*C)R:C:)I`:1J
HLJ'T'W i :1;3<35 32 ,231585 ►+
RE:"RSO :1:"'XCESSIVE BLOOD HL.CC)i•OL L..E"'Vl:1 *SERVICE :3/1:1-30 97•x
DRV I...:I:C SL.):3r'!`-N1:7r:I)x-E :--"•-" : t:);,r...,2 ....9„r*(',)RT)t: R 11IH7:I...I7:L) : 02 -1.7 98*
HLJ441 :1 6ja): 4
E E"HSOWINSI. RRNC;:E C1""€'.?'1" {::HNC I::L_1...1"'T.)xt3Eµl�'V;IC::I:. ::If)::i::3 1.�r....c:� .*•
HCTION C:NI:)I• I:) 08-1.4-98*
DRV LIC RSTI2C"I":I•C)N•xCI`"I'" : I:I;3 R:2.. c;l9•x•(:)RDI::;R MR I:L.I:D : 07-29-99*
HL)"E'1•I :1.a3;3I'i<"r!:iHA-S E:6$V:I Cr"":: :1:1107-29 ."c::q x.
CONVICTIONS :
V:IOI.../DT C(.)NV/DT E,C/V:It;L DICTYNC) T ISP COURT Vt:"FIfI TCS
1)1.._,26w93 0:3-25. 93 231.03 VC: 008647 394•60
L)I"DRI-171):1)3-'3:) -,93-
03
) 3•••::3:1 - 3.3-x•)::):1 .....,1 :1. 95 02- 28 .95 23152D VC": 0.11.:35 34. ::394-60
L.)1:'a::)H_I..C::.,D : 03 09 ...95*
0::3... ):)8... 97 05...28... 97 27315E."' VC: 4:1.56808 07460 2K29988
�,... :'.1._ 97 tµ)��...FYI)...i:37 ::.r.7 3::l.51;) VC 43648J.6 ):)7/�F.it7 r31�IC3ii;:3 3�:a
C.)1�':L)Fi..I..C,�::1::);:'L.):) ...t.t;;r...c;37•x•
1.1•... :J.8--97 02...):1::3.,•-98 22450 VC. 44921.46 070.6)::) s:`iI"l9f.:)::3::39
l)f'DR !..):::T:) ;t;)2 ...):)L:i -t3t`S x
1 '.1 ....::30.. 97 98 291.52 VC -164-1k'il;:) 4843 1.) ':rI`I96::339
HIT:::ND C.C)NSI:::N'T' DT 03 ...22.-99
2."c.)9
I.JPDRTFJ) :()7...22-99*
C OL)t2..1. j'RI::)':-3H'1";IoN '1"ER115 1"I IF;{::)UG,11"I 08-17-01. ,
CIVIC CENTER AUTO CARE 0 8 9 7 5
PINOLE VALLEY TOWING
4020 SAN PABLO DAM RD,
SL SOBAANTE, CA 94803
(510) 223-CARE
NAME '£ C. �.+ Z DATE,
ADDRESS ' .w L- CITY fJ
MAKE OF CAR YEAR LICENSE NO, TRUCK NO, AGENCY
/Yg
6-7-1 1
DRIVER'S LICENSE NOt�'f :I e,,
BRIDGE
CAR OVER BANK
CAR OVERTURN
DEAD BATTERY
DOLLY TOW
LABOR
PAID OUT
REMOVE DRIVE SHAFT
STORAGE
STUCK IN MUD
TOWING 'v.e
STAND BY TIME
MILES TOWED
MILES ON VEHICLE
VIN NO.
NAME:
P.O.
TOW TRUCK DRIVER
PERSON RELEASING
SUB-TOTAL
SALES TAX
TOTAL 4,
OK-043908(08780)Reynolds+Reynolds
State of CaMfornia-'Business, Transportation,and Housing Agency
DEPARTMENT OF MOTOR VEHICLES «y :.,.. ',
LICENSING OPERATIONS DIVISION '
P.O. BOX 942690, MAIL STATION J-233
SACRAMENTO, CA. 94290-0001
(916) 657-6525
JUL 29, 1999 ORDER OF RESTRICTION
PLEASE SHOW THIS NUMBER ON
YOUR CORRESPONDENCE
DOAK ALLEN SCUDDER DRIVERS LICENSE NO. N5305681
401 SUISUN AVE
RODEO, CALIFORNIA 94572
YOUR PRIVILEGE TO OPERATE A MOTOR VEHICLE IS RESTRICTED EFFECTIVE MAR 22, 1999.
THIS ACTION IS TAKEN UNDER THE AUTHORITY OF SECTION 133525A OF THE VEHICLE CODE (V.C. )
WHICH STATES THAT YOU MUST COMPLY WITH THE DRIVING RESTRICTIONS ORDERED BY THE COURT.
THE RESTRICTIONS CAN BE REMOVED IF YOU PAY A FEE OF $20 AND PROVIDE THIS DEPARTMENT WITH
A NOTICE OF COMPLETION OF THE 18 MONTH ALCOHOL/DRUG TREATMENT PROGRAM APPROVED BY THE
DEPARTMENT OF ALCOHOL AND DRUG PROGRAMS. THE NOTICE MUST REFLECT COMPLETION OF THE
PROGRAM AFTER THE MOST RECENT UNDERLYING CONVICTION.
FAILURE TO COMPLETE THE ALCOHOL/DRUG TREATMENT PROGRAM APPROVED BY THE DEPARTMENT OF
ALCOHOL AND DRUG PROGRAMS WILL RESULT IN AN 18-MONTH SUSPENSION OF YOUR DRIVING PRIVILEGE
UNDER THE AUTHORITY OF SECTION 13352A3 OF THE VEHICLE CODE.
YOU MUST MAINTAIN PROOF OF FINANCIAL RESPONSIBILITY UNTIL MAR 22, 2002 OR YOUR DRIVING
PRIVILEGE WILL BE SUSPENDED.
IF YOU DRIVE IN VIOLATION OF THESE RESTRICTIONS, YOU CAN BE ARRESTED UNDER SECTION 14601.2B
V.C. AND IF CONVICTED FOR THIS VIOLATION, IT MAY RESULT IN JAIL, FINE OR BOTH.
ANY OTHER ORDER ALREADY TAKEN IN YOUR NAME CONTINUES IN FULL FORCE AND EFFECT.
DEPARTMENT OF MOTOR VEHICLES
�$iloi��i�dl
f
5 �
m
_ t
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v
s tti
� 4
1
a
TO: BOARD OF SUPERVISORS ctm
FROM: Phil Batchelor, County Administrator AWN*%
ontra
DATE: June 6, 2000 ` ' 4•
uoti
1�
SUBJECT: Final Settlement of Claim -
110%ty
Luz Guzman & Raphael Merino vs. Contra U
Costa County-Sup. Court No. C99-02438
p
SPECIFIC REQUEST{S)OR RECOMMENDATION{S}&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
Receive this report concerning the final settlement of Luz Guzman and Raphael Merino and
authorize payment from the Medical Liability Trust Fund in the amount of$250,000.
BACKGROUNDIREASONS FOR RECOMMENDATION:
Robert W. Hodges, defense counsel for the County, has advised the County Administrator that
within authorization an agreement has been reached settling the medical liability claim of Luz
Guzman and Raphael Merino vs. Contra Costa County.
This Board's May 16, 2000 closed session vote was: Supervisors Gerber, Gioia, Uilkema, and
DeSaulnier, yes; and Canciamilia, no.
This action is taken so that terms of this final settlement and the earlier May 16, 2000 closed
session vote of this Board authorizing its negotiated settlement are known publicly.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BO COMMITTEE
APPROVE OTHER
SIGNATURE
ACTION OF BOAR JUNE 6, 2000 APPROVED AS RECOMMENDED X OTHER
VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE
AND CORRECT COPY OF AN ACTION TAKEN
AND ENTERED ON THE MINUTES OF THE BOARD
X _ UNANIMOUS (ABSENT DONE } OF SUPERVISORS ON THE DATE SHOWN.
AYES: NOES:
ABSENT: ABSTAIN:
--- - ATTESTED JUNE �3 2000
PHIL BATCHELOR,CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
Contact: Ron Harvey—335-1443
cc: CAO Risk Management
Auditor-Controller
BY DEPUTY