HomeMy WebLinkAboutMINUTES - 02062001 - C.22 CLAIM G oar
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALTFORNLA
BOARD A00 FEBRUARY 6 2001
Claim Against the County, or District Governed by )
the Board of Supervisors, Routing Endorsements, 1 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
T Ve:217 3VTO Board of Supervisors. (Paragraph IV below), given
�l� pursuant to Government Code Section 913 and
JAIL 0 9 2001 915.4. Please note all "Warnings".
AMOUNT: $1,957.54 COUNTY COUNSEL
MARTINEZ CALIF.
CLAIMANT: SUZANNE BANDUCCI
ATTORNEY: DATE RECEIVED: JANUARY 9, 2001
ADDRESS: 2732 GRANDE CAMINO BY DELIVERY TO CLERK ON: JANUARY 9, 2001
WALNUT CREEK CA 94598
BY MAIL POSTMARKED: JANUARY 8, 2001
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim..
PHIL BATCHELOR, Clerk
Dated: JANUARY 9, 2001 By: Deputy ck6z�2
II. FRONL• County Counsel TO: Clerk of the Board o Supervisors
( his 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: r/� ���P9 By: Deputy County Counsel
M. FROM- Clerk of the Board TO: County Counsel (1) County Administrator (2)
( ) Claim was returned as untimely with notice to claimant (Section 911.3).
IV. BOARD ORDER By unanimous vote of the Supervisors present:
This Claim is rejected in full.
( ) Other:
I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date.
Dated: itGYtiYlo,7i001PHIL BATCHELOR, Clerk, By , Deputy Clerk
WARNING (Gov. code section 913) li -
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 MAEUNG
I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United
States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully
prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above.
Dated: }�P�� Zt7D� By: PHIL BATCHELOR By Deputy Clerk
CC: County Counsel County Administrator
is
This warning does not apply to claims which are not
subject to the California Tort Claims Act such as actions
in inverse condemnation, actions for specific relief such as
mandamus or injunction, or Federal Civil Rights claims.
The above list is not exhaustive and legal consultation is
essential to understand all the separate limitations periods
that may apply. The limitations period within which suit
must be filed may be shorter or longer depending on the
,nature of the claim. Consult the specific statutes and
cases applicable to your particular claim.
The County of Contra Costa does not waive any of its
rights under California Tort Claims Act nor does it waive
rights under the statutes of limitations applicable to
actions not subject to the California Tort Claims Act.
C�=n to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY
INSTRUCTIONS TO CLAIMANT
A. CIaims relating to causes of action for death or for injury to person or to personal property or growing crops
and which accrue on or before December 31, 1987, must be presented not later than the 100th day after the
accrual of the cause of action. Claims relating to causes of action for death or for injury to person or to
personal property or growing crops and which accrue on or after January 1, 1988,must be presented not later
than-six months after the accrual of the cause of action. Claims relating to any other cause of action must be
presented not later than one year after the accrual of the cause of action. (Govt. Code§9.11.2.)
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
KCLERK
CEIVED
Against the County of Contra Costa
o 9 ?oA
or
RD OF SUt,:
District) TRA COSTA CQ,
(Fill in Name)
The undersigned claimant hereby makes claim against the County of Contra Costa or the abovenamed
District in the sum of$'j)q( and in support of this claim represents as follows:
1. When did the damage or injury occur? (Give exact Date and Hour) _
-----PA ----- 111 .�. r� ----------
2. Where did the damage or injury occur? (Include City and County)
-- y---� �--G- _�1/a _[Yt�e�h __L�i�� bm4kc�-
a q
3. How did the dama,,e or injury occur. (Give full details;use extra paper if require <
h(tA &I1k 4f CCC-+ttc-1C )h nom -
�omc��� — Dvy car h L� t 4jaN- —
-------------------------------------------------------------------------------7-----
4.
What particular act or omission on the part of county or district officers, servants, or employees caused the
injury or damage?
Ob- L�- ►Q9Ces
J�
(Over)
�y
���d-loci -��� e t��s 6 Cac.i�sl��,�e cue c���^ax•�1'�,,�,� � �� --
ReOW+ ccs e )3&'L 1�0-
5. What are the names of county or district officers,servants,or employees causing the damage or injury? .
V' -T-ck- D �V zT 1 M-F-7 -PkP t 7gJ`-Z
a��►�� TE
--6�
6. What damages or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for
auto damage.)
V
X23=q �-�1 �
�
y-----1—-- �.
7. How was the above claimed a4nount computed? (Include the estimated amount of any prospective injury or damage.)
C r s -ins Yee kce -bn sr*A c etL.. `l zI r
-�GcS�frS`- G[Czt;►>lt � {�.� , �� � �[.SSG�
-------------------------------------------------- - ----- - --3-
--------------------
8.
- ------
8. Names and addresses of witnesses,doctors,and hospitals. �� 3 G�
-------------------------------------------------------------------------------------
9. List the expenditures you made on account of this accident or injury:
DATE ITEM AMOUNT
Jaz ) J .Pon
* * * * * * *
Gov. Code Sec. 910.2 provides:{' {
"The claim must be signed by the claimant
SEND TICES TO: (Attorney) or by some person onyhIs'b'ehalf.,','
,u
Name and Address of Attorney
(Claimant's Signature)
(Address)
Telephone No. Telephone No.
NOTICE _
Section 72 of the Penal Code provides:
"Every person who,with intent to defraud,presents for allowance or for payment to any state board or officer,or to
any county, city or district board or officer, authorized to allow or pay the same if genuine, any false or fraudulent
claim, bill, account, voucher, or writing,is punishable either by imprisonment in the county jail for a period of not
more than one year, by a fine of not exceeding one thousand dollars (S1,000 ),or by both such imprisonment and
fin e,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.
usn ,O5
2732 GCom►
m { .
e CA 94598
� 4
I
t. . OS
�` 74�i �:7""f`.`�� � �����,'"sr'.'�a 114�f.ltlStliiilS.Siltfi�{}�5�.?31i1lk�SS3l}j�tli�S�S31S;#:#.iS�il
CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
BOARD ACTI0FEBRUARY 6,2001
Claim Against the County, or District Governed by I
the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT
and Board Action. All Section references are to 1 The copy of this document mailed to you is your
California Government Codes. RIECIZIEVMM notice of the action taken on your claim by the
Board of Supervisors. (Paragraph IV below), given
JAR) 0 5 2009 pursuant to Government Code Section 913 and
COUNTY COUNSEL 915.4. Please note all "Warnings".
MARTINEZ CALIF.
AMOUNT: In Excess of $200,000.00; special damages in
excess of $500,000.00; future damages in excess of $5,000,000.00; and non-economic
CLAIMANT: damages in excess of $10,000.000.00
KAREN KROWL-DENHAM AND TIMOTHY DENHAM
ATTORNEY: c/o L. Christian Spieller DATE RECEIVED: JANUARY 5, 2001
HS LAW GROUP APC
ADDRESS: 210 NORTH FOURTH ST STE 400 BY DELIVERY TO CLERK ON: JANUARY 5, 2001
SAN JOSE CA 95112
BY MAIL POSTMARKED: Hand-Delivered by Doug Krieg
L FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
PHIL BATCHELOR, Clerk
Dated: JANUARY 5, 2001 By: Deputy
H. 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 TO: County Counsel (1) County Administrator (2)
( ) Claim was returned as untimely with notice to claimant (Section 911.3).
IV, BOARD ORDER: By unanimous vote of the Supervisors present:
This Claim is rejected in full.
( ) Other:
I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date.
Dated: ��liL�'7�tA�''.1'6 '1'�?PHIL BATCHELOR, Clerk, By 4&P Deputy Clerk
WARNING (Gov. code section 913)
Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited
in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an
attorney of your choice in connection with this matter. If.you want to consult an attorney, you should do so
immediately. *For Additional Warning See Reverse Side of This Notice.
AFFIDAVIT OF MAILING
I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United
States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully
prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above.
Dated:6&W12C �By: PHIL BATCHELOR By eputy Clerk
CC: County Counsel County Administrator
This warning does not apply to claims which are not
subject to the California Tort Claims Act such as actions
in inverse condemnation, actions for specific relief such as
mandamus or injunction, or Federal Civil Rights claims.
The above list is not exhaustive and legal consultation is
essential to understand all the separate limitations periods
that may apply. The limitations period within which suit
must be filed may be shorter or longer depending on the
nature of the claim. Consult the specific statutes and
cases applicable to your particular claim.
The County of Contra Costa does not waive any of its
rights under California Tort Claims Act nor does it waive
rights under the statutes of limitations applicable to
actions not subject to the California Tort Claims Act.
I 39549-17-P
HS LAW GROUP APC
2 210 North Fourth Street, Suite 400
San Jose, CA 95112
3 Telephone: 408/295-7034
Facsimile: 408/295-5799
4
5
6
7
8
9
10 CLAIM OF KAREN KROWL-DENHAM
AND TIMOTHY DENHAM, No.:
11
Claimants,
12
vs.
13
COUNTY OF CONTRA COSTA, CLAIM FOR PERSONAL INJURIES
14 Automobile Accident
Respondent (GOVERNMENT CODE §910)
15
16 TO: Contra Costa County Board of Supervisors:
651 Pine Street, Room 106
17 Martinez, CA 94553
18 CLAIMANTS' NAMES,ADDRESSES AND TELEPHONE NUMBERS
19 You are hereby notified that Karen Krowl-Denham and Timothy Denham, whose
20 address is 3936 Via Milano, Campbell, California 95008, phone 408-378-4271, claim
21 damages from the County of Contra Costa.
22
23 ADDRESS TO WHICH NOTICES ARE TO BE SENT
24 All notices or communications with regard to this claim should be sent to L.
25 Christian Spieller, HS Law Group APC, 210 North Fourth Street, Suite 400, San Jose,
26 California 95112.
27
28
-1-
CLAIM FOR PERSONAL INJURY
547429.WPD
I THE AMOUNT OF CLAIMS
2 Medical and hospital care costs are presently unknown, but are believed to be in
3 excess of$200,000.00. The claimants have suffered loss of economic damages including
4 expenses for medical and hospital care, loss of earnings, and other special damages in
5 excess of$500,000.00. Claimants estimate that future economic damages including costs
6 and expenses for medical and hospital care, loss of future earnings, loss of future earning
7 capacity, loss of perspective future damages are all in excess of$5,000,000.00.
8 Claimants also claim non-economic damages in a total in excess of$10,000,000.00.
9
10 DATE OF INCIDENT:
11 July 8, 2000.
12
13 FACTS OF THE INCIDENT GIVING RISE TO THE CLAIM
14 This claim is based on personal injuries sustained by the claimants on or about July
15 8, 2000, in the vicinity of that section of Vasco Road, in the unincorporated portion of the
16 County of Contra Costa, approximately 5.3 miles south of Camino Diablo Road, under
17 the following circumstances:
18 On or about July 8, 2000, the County of Contra Costa owed, supervised, operated,
19 designed, constructed, striped, regulated, reconfigured, repaired and/or maintained, and
20 otherwise established and held control over that portion of Vasco Road in the
21 unincorporated area of Contra Costa County approximately 5.3 miles south its
22 intersection with Camino Diablo Road in such a way that it created a dangerous condition
23 of public property. Said condition of the property created a substantial risk of injury
24 when that property or adjacent property was used with due care and in a manner that was
25 reasonably foreseeable and could have been prevented, remedied or guarded against but
26 the County of Contra Costa failed to take steps to do so .
27 On or about July 8, 2000, during the period of the County of Contra Costa's
28 aforementioned involvement with this matter, claimant Karen Krowl-Denham was
-2-
CLAIM FOR PERSONAL INJURY
547429.WPD
I operating her vehicle in a legal manner northbound on Vasco Road approaching the area
2 described above. At or about the date and place described above, Karen Krowl-Denham
3 was involved in a traffic collision with a vehicle operated by Elvis Lam and owed by
4 Hertz Rent-A-Car and supplied to Lam and/or others. The traffic collision occurred, at
5 least in part, due to the fault of the County of Contra Costa in that it owed, supervised,
6 operated, designed, constructed, striped, regulated, reconfigured, repaired and/or -
7 maintained, and otherwise established and held control over that section of roadway.
8 The County of Contra Costa negligently designed, constructed, owned, controlled,
9 regulated, supervised, operated, repaired, reconfigured and/or maintained the roadway by,
10 but not limited to,
11 (a) Failing to design, construct, modify and/or reconfigure the roadway with
12 appropriate horizontal and vertical alignments; striping; surface and crown conditions;
13 shoulder and border conditions, including edges; superelevation; direction of pitch and
14 degree of slope; and/or sight distance;
15 (b) Failing to install adequate, appropriate traffic signs and/or electronic signal
16 devices warning drivers of the dangerous and defective condition of the roadway; and/or
17 (c) Posting an unsafe maximum speed for the roadway condition and prevailing
18 traffic conditions;
19 (d) Failing to plan for, alter or make allowances for adjacent property situated
20 near the site at which this collision occurred, such that the users of the roadway could not
21 adequately see,prepare for or anticipate oncoming vehicles that pose a potential hazard to
22 them in conjunction with the other roadway attributes then foreseeably in effect.
23 The County's negligence caused a dangerous and defective condition in the
24 roadway which was a trap for unwary motorists and was not reasonably apparent to and,
25 in the exercise of due care, could not be anticipated by those motorists. This dangerous
26 and defective condition created a reasonably foreseeable and substantial risk of injury to
27 occupants of vehicles being operated on the roadway.
28 The County of Contra Costa had advance notice of, and knew, or in the exercise of
-3-
CLAIM FOR PERSONAL INJURY
547429.WPD
I ordinary and reasonable care, should have known of the aforesaid dangerous and
2 defective conditions, but failed to correct same. The dangerous and defective condition
3 of the roadway had existed, and the County of Contra Costa had notice of that dangerous
4 and defective condition, for a sufficient period of time prior to the subject accident so that
5 the County of Contra Costa, in the exercise of due care, should have discovered the
6 dangerous condition and acted to remedy same.
7
8 CLAIMANTS INJURIES
9 As a result of the fault of Contra Costa County in maintaining a dangerous
10 condition of public property as noted, above claimant Karen Krowl-Denham suffered
I 1 personal injuries. Also as a consequence of this accident and these injuries Timothy
12 Denham, husband of Karen Krowl-Denham, suffered a loss of consortium.
13 The injuries sustained by claimant Karen Krowl-Denham, as far as is known as of
14 the date of this presentation, consist of, but are not limited to, fractures to her extremities,
15 loss of organs, and other physical, mental and emotional injuries and damages as yet
16 undetermined. Claimant Timothy Denham has suffered loss of consortium as a result of
17 the fault of the County of Contra Costa as alleged above.
18
19 NAMES OF PUBLIC EMPLOYEES GIVING RISE TO THIS CLAIM
20 The names of the public employees causing claimant's injuries under the described
21 circumstances are unknown to the claimants at this time.
22
23
DATED: `- , 2001 HS LAW GROUP APC
24
25
26 L. CHRISTIAN SPIELLER
Attorneys for Claimants
27
28
-4-
CLAIM FOR PERSONAL INJURY
547429.WPD
: C>LABI
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
r'
i
BOARD A00N: FEBRUARYe.26, 20C
Claim Against the County, or District Governed by )
the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT
and Board Action. All Section references are to ) The copy of this document mailed to you is your
California Government Codes. ► notice of the action taken on your claim by the
Board of Supervisors. (Paragraph IV below), given
pursuant to Government Code Section 913 and
915.4. Please note all "Warnings".
AMOUNT: NOT DETERMINED AS YET JAN 9 ZOO
COUNTY COUNSE.
CLAIMANT: ANTHONY MARTINEZ MARTINEZ CALIF.
ATTORNEY: c/o SHERRIE L. MC CRACKEN DATE RECEIVED: JANUARY 9, 2001
LAW OFFICES OF SHERRIE L. MC CRACKEN JANUARY 9 2001
ADDRESS: 2974 DELTA FAIR BLVD, .PMB#314 BY DELIVERY TO CLERK ON: '
ANTIOCH CA 94509
BY MAIL POSTMARKED: HAND-DELIVERED
E FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim..
PHIL BATCHELOR, Clerk
Dated: JANUARY 11, 2001 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).
( )0 Other: P, Kc .> .. 47-prrttu '50 id
Dated: By:C/d/"U241. Deputy, County Counsel
M. FROM Clerk of the Board TO: County Counsel (1) County Administrator (2)
( ) Claim was returned as untimely with notice to claimant (Section 911.3).
IV. BOARD ORDER: By unanimous vote of the Supervisors present:
( This Claim is rejected in full.
( ) Other:
I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date.
Dated:6ktWkX �f ' D )PHIL BATCHELOR, Clerk, By .J , 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 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: Jh, By: PHIL BATCHELOR By puty Clerk
CC: County Counsel County Administrator
r .
This warning does not apply to claims which are not
subject to the California Tort Claims Act such as actions
in inverse condemnation, actions for specific relief such as
mandamus or injunction, or Federal Civil Rights claims.
The above list is not exhaustive and legal consultation is
essential to understand all the separate limitations periods
that may apply. The limitations period within which suit
must be filed may be shorter or longer depending on the
nature of the claim. Consult the specific statutes and
cases applicable to your particular claim.
The County of Contra Costa doesnot waive any of its
rights under California Tort Claims Act nor does it waive
rights under the statutes of limitations applicable to
actions not subject to the California Tort Claims Act.
RECEIVED
1 SHERRIE L. MCCRACKEN
'State Bar No: 124030 JAN ' 9 2001
2 LAW OFFICES OF SHERRIE L. MCCRACKEN V.*5e� Alo-�
2974 Delta Fair Blvd., PMB#314 CLERK BOARD OF SUPERVISORS
3 Antioch, California 94509 CONTRACOSTACO.
4 Telephone No.: (510) 778-4428
Facsimile No.: (510) 778-7903
5
Attorney For Claimant:
6 ANTHONY MARTINEZ
7
8 '
CLAIM AGAINST PUBLIC ENTITY [GOV. CODE §§ 905, 905.2, 910, 910.2
9
10 TO: CONTRA COSTA COUNTY BOARD OF SUPERVISORS:
CITY OF ANTIOCH, CALIFORNIA
11
12 ANTHONY MARTINEZ makes claim against:
13 CITY OF ANTIOCH, CALIFORNIA
14 and makes the following statements in support of the claim:
15 1. Claimant's post office address is:
16 Anthony Martinez
332 San Joaquin Avenue
17 Antioch, California 94509
18 2.Notices concerning the claim should be sent to:
19 Sherrie L. McCracken
Law Offices of Sherrie L. McCracken
20 2974 Delta Fair Blvd.,PMB#314
Antioch, California 94509
21
Telephone number(925) 778-4428
22 Fax number(925) 778-7903.
23 3. The date and place of the occurrences giving rise to this claim:
24 September 12, 2000, at Montaire Park, on Sunset Drive in the City of Antioch, California,
in the County of Contra Costa..
25
4. The circumstances giving rise to this claim are as follows:
26
On September 12, 1999, Claimant Anthony Martinez was supervising a Delta Youth soccer
27
28 CLAIM AGAINST PUBLIC ENTITY CITY OF ANTIOCH
• • , J •
• �f�
1 ' "
.,� ,:•
I`
ti • •
�J-
f.
1 Page two
2 Re: Claim of Anthony Martinez
3
practice at Montaire Park in the City of Antioch.
4
While walking across the grassy field, Claimant Anthony Martinez stepped in a concealed
5 gopher hole, causing serious damage to his left knee.
6 The grassy field, among other things, is poorly maintained, if at all, is overwatered and
improperly maintained so that the field is consistently wet and mushy....................all of which the
7 City of Antioch was aware, or should have been aware.
8 5. Claimant's injuries are, among other things, (1) internal derangement of left knee and loss
of income. The full extent of the Claimant's injuries and damages are still being assessed 'and
9 treated.
10 6. The claimant does not yet know the names of any specific public employees that may have
been liable for the claimant's losses, damages and/or injuries.
11
7. Claimant Anthony Martinez's claim as of the date of this claim is in an amount that would
12 place it within the jurisdiction of the superior court. The claim is based on injury,damages, and/or
losses in an amount to be proved later.
13
Dated: January 7, 2001 LAW FI S F
14 HE MCCRACKEN
15 By'
S E L. MCCRACKEN
16 eys for Claimant
HONY MARTINEZ
17
18
19
20
21
22
23
24
25
26
27
28
f .,�'r^ii s
't � � � .�;.. � "..-r '.
��
u
a
�:
u
CLAIM
` BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
BOARD ACTIO FEBRUARY 6 2001
Claim Against the County, or District Governed by
the Board of Supervisors, Routing Endorsements, 1 NOTICE TO CLAIMANT
and Board Action. All Section references are to ) The copy of this document mailed to you is your
California Government Codes. A notice of the action taken on your claim by the
Board of Supervisors. (Paragraph IV below), given
pursuant to Government Code Section 913 and
915.4. Please note all "Warnings".
JAN 0 5 2001
AMOUNT: $1,000,000.00
COUNTY COUNSEL
MARTINEZ CALIF.
CLAIMANT: CHERYL SHEPARD-JACKSON
ATTORNEY: DATE RECEIVED: JANUARY .5, 2001
ADDRESS: 3320 STEELE DRIVE BY DELIVERY TO CLERK ON: JANUARY 5, 2001
BAY POINT CA 94565
BY MAIL POSTMARKED: HAND-DELIVERED
I. FRONL• Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim..
PHIL BATCHELOR, Clerk
Dated: JANUARY 5, ' 2001 By: Deputy
H. FRONL• County Counsel TO: Clerk of the Board 15f 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:By: ��6ic_Deputy.County Counsel
III. FROM Clerk of the Board TO: County Counsel (1) County Administrator (2)
( ) Claim was returned as untimely with notice to claimant (Section 911.3).
IV. BOARD ORDER: By unanimous vote of the Supervisors present:
(� This Claim is rejected in full.
( ) Other:
I certify 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 MAEUNG
I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United
States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully
prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above.
Dated: h�/"��, By: PHIL BATCHELOR By_92�_0111_�eputy Clerk
CC: County Counsel County Administrator .
This warning does not apply to claims which are not
subject to the California Tort Claims Act such as actions
.in inverse condemnation, actions for specific relief such as
mandamus or injunction, or Federal Civil Rights claims.
The above list is not exhaustive :and legal consultation is
essential to understand all the separate limitations periods
that may apply. The limitations°period within which suit
must be filed may be shorter or longer depending on the
nature of the claim. Consult the specific statutes and
cases applicable to your particular claim.
The County of Contra Costa does not waive any of its
rights under California Tort Claims Act nor does it waive
rights under the statutes of limitations applicable to
actions not subject to the California Tort Claims Act.
=yClaim io: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY
INSTRUCTIONS TO CLAIMANT
A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops
and which accrue on or before December 31, 1987, must be presented not later than the 1001h day after the
accrual of the cause of action. Claims relating to causes of action for death or for injury to person or to
personal property or.growing crops and which accrue on or after January 1, 1988,must be presented not later
than six months after the accrual of the cause of action. Claims relating to any other cause of action must be
presented not later than one year after the accrual of the cause of action. (Govt. Code§911.2.)
B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County
Administration Building,651 Pine Street,Martinez, CA 94553.
C. If Claim is against a district governed by the Board of Supervisors, rather than the County, the name of the
District should be filled in.
D. If the claim is against more than one public entity,separate claims must be filed against each public entity.
E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at the end of this form.
RE: Claim by ) Reserved for Clerk's Filing Stamp
it
A - &Yn)j
DECEIVED
Against the County of Contra Costa
JAN - 5 2001
or
CLERK BOARD OF SUPERVISORS
COaAfq
District) CONTRA COSTA CO.
(Fill in IN
The.undersigned claimant hje�rebJy makes claim against the County of Contra Costa or the above named
District in the sum of S 1 u0i V}D()0and 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)
- �-
Z )-
3. How did the damage or injury occu `� (Give full detailsuse extra paper if required)
� � c2 rel to Ca o
IT
evtine.
- --"�--a=-- - - -. --------- = -
4. What particular'act or omission on the \part of county or district officers, servants, or employees caused the '
injury or damage? Y�AZ
,, 7 V r'J Over
5. What are the names of county or district officers,servants,or employees causing the damage or injury?
6. What damages or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for
auto damage.)1-1" IV
7. ow was the above claimed amount coAl
mputed? (Include the estimated amount of any prospective injury or damage.)
-(- --
J
------ ---- ---�1` --------------- - -- ---- -- - - ------= ------
8. Names qnd dresses of Rnesses,doctors,and hospitals.
--------------- ------ - ----- -- - -- - - - -- ---
n i es v ade on account of this`acrid t or injury:
9. . List the exile d_tur -o �
DATE ITEM AMOUNT
Gov. Code Sec. 910:2 provides:
"The claim must be signed by the_claimant_.
SEND NOTICES TO: (Attorney) or by some person on his tietialf;'•'P�+ i
Name and Address of Attorney
j
(Cla' ant's Signa e. ,3�70 S&.4 4,v)4�,
)
(Address)
Telephone No.�Z,6 - SY1 g�7? Telephone No.
NOTICE
Section 72 of.the Penal Code provides:
"Every person who,with intent to defraud,presents for allowance or for payment to any state board or officer,or to
any county, city or district board or officer, authorized to allow or pay the same if genuine, any false or fraudulent
claim, bill, account, voucher, or writing,is punishable either by imprisonment in the county jail for a period of not
more than one year, by a fine of not exceeding one thousand dollars ( S1,000 ), or by both such imprisonment and
fine,or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars ($10,000), or by both
such imprisonment and fine.
11/28/2000 15:12 FAX 925 4588777 Cheryl Shepard-Jackson 2007
County of (81mfrs (f ustu
(Pff rr of 14P lktpriff
Warren B.Rupf
shun
September 20, 2000
Ms. Cheryl R. Jackson
3320 Steele Drive
Bay Point, CA 94565
Dear Ms. Jackson:
The investigation imothe=rnplaitrt a mailo►eganding.xoi��a�stb-7/OBf2000 and the conduct
of the arresting officer,-deputy lCovjm;tiom;as welt'as other e�iploy of this office has been
completed.. The:trivestipation.vvaa conducted by Inttnal:,Affairs Ser` n#.,bhn Dodd and
reviewed-by Lieufertant jiM N66lio,the Muir Station.0 rOMander.'...T•hOm"' a:furtkier review by
...:.
Captain-G, t:awren..,oqr P.a1)"iision,Commandf . ..
While the inv aiio ,6a¬ n ably to Y..'
tie establi�-AhAt:lWputy Hom did h6fhave the authority
to arrest you or that he`i sed.excessfv6,1b ®aga3i neveiffieless determined that
he made procedural errors•anri did not'maintmh the standdMo.,of:the Office of the Sheriff. This
agency-regr9%this failut"n�-ttie:part.of depiity"Oom and-does'apolcgi , Appropriate corrective
action has been taken:iaftTitlis—'et to'Deputy atom....
You also alleged that-.6 loyees ofIliia off ipe.verfiaOly har ed.you wherc`you were booked into
the.Main Detention Facility in%fAk ez: we-;*fi.-nvt:•able'to--9. k2ritiate-#Bose allegation; the
deputy in question derfied'/ria1 It g;the'-comrt�eFft. rid t(KB:1iv+r�tis unebl®.:t!�:Iocti�te any witnesses to
.w...:.a
strove or disprove that she rrtadelhe affansiv�e stat�e��'rts'to,yoir:.
liaa want to thank you for'taming the tirt� . oo ri ''I ai'h 6eto our attention. Tho Offim of the
Sheriff welcomes-OK complaints,.criticism$ and«concems so that we may better evaluate our
personnel and policies. If you have-any queistlon�ort l dAhbe of further assistance,please don't
hesitate to call me.
Sincerely,
WAN E. RUPF, SHERIFF �•,
t� -" '`" W Llys . • ,� • . ..,`- . �.. • . , . :. - • •
Captain Wayne Willett ;
Professions!Standards and.Resouroas ,
Ph#(925)•33 .1599 . ,• , , - •
}Post Office Boot 391: Math az, CaIkOrr W 84553-0039
(925)336-1500
.�
s ..
' f
fi
a
' �.
r � � � � Y' '
N
(Y
CONFIDENTIAL
July 12, 2000 VIA HAND DELIVERY
4-
Warren E. Rupf, Sheriff
CONTRA COSTA COUNTY
SHERIFFDEPARTMENT
Internal Affairs Division
Post Office Box 391
82.3 Marina Vista
Martinez,California 94553
Attn: Sergeant Dood
RE: July 6TH 2000 Incident Resulting in Arrest of Cheryl Jackson
3320 Steele Drive,Bay Point,California 94565
Jackson vs.Rushawn Thomas,Maya Jackson and three(3)
Arresting Officers-W.Mcial names not known)
Dear Sergeant Dole:
Thank you for taking the time to talk with me. As you are somewhat aware, I am writing you'to
outline some disturbing details.
To start,I have encountered numerous,I've lost count of the times that the Sheriff have come to
my home and take reports regarding my daughter Maya and her boyfriend,Rushawn D. Thomas
(please refer to some of the attached police reports and recent hospital report).
In spite of the fact that my own daughter on April 30,2000,assaulted me,busting me in the face
and as a result,I required stitches,I allowed her to spend a couple of weeks in my home while
her condo was prepared for her to move in. On Thursday, July 6'', after repeated asking her not
to leave her new born child at my home for either my daughter or,son to baby sit, she left_ I had
to run some errands,checked at her new address, I informed her to please get back to my home
and get her child. She has a three-year-old son and constantly left, abandoned him, until at the
request of CPS,I l�opk custody of her son. Several hours passed and by the time I returned back
to my home, shunt))boyfriend were at my home. I distinctly recall, speaking to her as
calmly as possible,:W repeated"Maya,I never want to warn you again, do not leave your child
in this home,gdnd.$ hours." To my dismay,her boyfriend,Rushawn, stood in my family, he
turned around and mumbled something about"look lady, I know you do not have no beef with
me!°' Stunned,le,ponded that he knew that he was not welcome in my home!! Not ever!!
And that he yet owed me money for breaking my iron gates several months ago, (against court
orders,he and Maya demanded to take the child,when I refused,Rushawn literally broke my
front door iron gate and took the child-report attached). Rushawn swirled around and yelled, "
I don't owe you nothing Bitch!!" Considering the fact that Rushawn put my daughter Maya in
`, + i
k
'TNFIDENTIAL
&onfidential 2
Page 2 of 5
July 12, 2000
RE: Jackson—July Oh 2000 Incident
the hospital twice, with each pregnancy, he beat her and she almost lost both children,common
sense would tell anyone that he was not a likely candidate to ever cross my threshold.
I told Rushawn to leave my home now!! His reply, I am not going no place Bitch!! His
demeanor and tone of voice gave reason to believe that he would carry out violence on me.
While in my own kitchen,I grabbed my telephone called 911 and grabbed a knife in self-
defense. I informed the operator that Rushawn was in my home and refused to leave and please
send the police to get him out of my home. From the time I called 911, until their arrival, he
walked in and out of my home taunting me. It seemed like it took forever for the police to arrive.
When they arrived,Rushawn stood outside in my driveway near the garage. When I thought it
safe I went outside to speak with the officers. -Rushawn apparently recognized two of the
officers; he called one of the officers by their first name Paul!
As I talked to the officers, on the sidewalk,Rushawn near my garage,I constantly asked the
officers to remove him off my property, The officers never asked him to come on the sidewalk,
cross the street. The entire cynero seemed as though he lived in my home and I was visitor.
I told the officers what had occurred. That I tried on several times to do restraining orders,
however,the Sheriff's Department had issued emergency restraining orders, and that information
should be in their computers. The police listened attentively to Rushawn, and I will add I was
not surprised when they chose to arrest me,because, previously, when Rushawn broke into my
home damaged my property,I requested a citizen's arrest(which 1 thought a crime had been
committed and the law should have been enforced),the police refused to pursue him and arrest
him. Subsequently,after repeated domestic disturbances,only after he beat and stomped my
daughter last year,and the neighbors at his grandmother's home phoned to report,was Rushawn
arrested,taken to jail convicted, and placed on probation for domestic violence.
One officer told me that what I did,getting a knife, was the reason I was going to jail. Even
though I did get smart with them, curse them,threaten them,they cuffed be so severely, my wrist
were bruised, it felt as if my shoulder was coming out of the socket, and they way I was placed in
the car,bruises and scratches had rubbed on my hip. When I addressed the officer in the squad
car that I was hurting,why did they do the cuffs so tight,I did not resist at all, his reply,"I know
you didn't, we didn't drag you out by your hair."
As I sat in the back of the squad car,neither did they not ask the trespassers to leave,they
allowed them to remove items from my garage, some items did not belong to them. The
Sheriff's Department, on another occasion, several months ago, came to my home,claiming to
have custody of the child,and ordered my other daughter,Michelle,to open the door, and both
Maya and Shawn,went through my home took the child's clothes,and items that didn't belong
to them or the child. Luckily,I was able to report this incident to the presiding family court
judge,he called the head of the Sheriff's Department and informed them that I had custody of the
child, and they were to return the child immediately.
,.GNF10.ENT1AL
•,
Confidential 3
Page 3 of 5
July 12, 2000
RE: Jackson—July 6`h 2000 Incident
As I continued to sit, humiliated, I continued to try to talk to the officers,to ask them to please
not allow them to take the items. I was ignored. I could never describe the devastation and
humiliation and torment I felt. Picture, a thug, a well know drug dealer,he is known to carry
guns, (I found a 9MM gun clip in a small chest that belonged to hint) individual that harms
pregnant women,has threatened to burn my home down,damaged my property,threatened to
abolish my vehicle, a vehicle that takes his child to school, church, etc. Your office should also
record of Rushawn beating his own mother,Marlene Thomas,this is reported information to the
Sheriff's Department, and I had no right to fear for my life????? And the Sheriff's Department
allowed this perpetrator to remove items from my home, go throughout my home, and not at
least wait for someone to arrive at my home on my lease, authorized and knowledgeable of what
belongs were my daughters,the perpetrator had no belongings at my home, except for the clip
that I recovered and placed away for safe keeping.
In route to Martinez, I continued to complain about my arms, and I also asked for my purse, Lain
an insulin dependant diabetic and my insulin was in my purse along with high blood pressure
medicine. I was treated awful and the only thing told to me, was that I.was being placed under
arrest, no rights; no identification allowed, no medicine, nothing but disgrace.
Upon arrival at the Martinez jail,the officer made me wait in the backseat of his squad car and
asked me questions, which he'd already acquired when he first spoke with me. I asked him what
were we doing,He replied, I am processing you. I informed him that I had to go to the
bathroom. He just kept writing and ignored me. Finally,he got out of the car, and I struggled to
get out, it was very difficult because I was cramped and very tightly cuffed. He told be to go
over and take a seat on the bench. I did so. I watched,as inmates were loaded onto a bus. When
the bus left,the officer told me to stand and began to search me,I had on jeans,and he went into
my front pockets and the back pockets. I asked him why was a female officer not searching me?
We were only two steps and two doors from two female officers. He didn't reply.
We finally went into the station. The cuffs were finally removed, and indeed my arm felt as
though it were pulled out of socket. I was told to remove my jewelry. I did so. They took my
jewelry, and told me to sign a property slip. .1 asked if they would list my jewelry. I was told,
"we don't do that", and I thought that was very odd! They had my old wedding rings,bracelet,
necklace,earrings,and they would not list them on my property slip. I refused to sign. One of
the female officers, replied,."nobody wants that shit anyway." Additionally, it was very
difficult to remove my old wedding band,and the offiper said"well, we will get someone here to
cut it offi! After trying several times,I got the ring off. After release,I did not see my ring in
the envelope, instead of placing the ring in the envelope with the other valuables; the ring was
just thrown into the plastic half sealed bag.
I met with the county nurse, she checked my blood sugars, and noted that my blood sugars were
in the thirties,extremely low,any lower, and I could have gone into shock, and then a coma. I
CONHUMIAL
C`6nfrdential 4
Page 4 of 5
July 12,2000
RE: Jackson—July 6t'2000 Incident
was asked about a TB test,I was sure that I didn't have TB, I have to see doctors bi-monthly due
to diabetes, she requested that I sign a form,I later realized that the form was a"Refusal to Get
Medical Care"I did not refuse medical care,especially with regards to diabetes or high blood
pressure, I just knew that I did not require a TB test. Needless to say, I was not treated for
diabetes, nor for the high blood pressure(the nurse stated that I would be placed on a low sodium
diet, however,I was served the same food as the others. I have for the past twenty(20)years
had to inflict 2—3 insulin shots per day.
Sir, insult to injury was most definitely inflicted. When my family arrived and posted my bail,
the Sergeant, requested my social security number, when I said I gave that information, he
yelled, well you do not go anywhere until you give it; again, he asked my driver's license, I
repeated my number. The same female officer who said,no one wants that"jewelry" , she
appeared at my side and said, ``you better check that attitude at the door!!" I did not say a word.
The desk sear gent yelled at me and said"do not open(property bag)here,wait until you get
outside! She escorted me to the doors. She buzzed the first door reliantly, and then when I got
to the second, she seemed to play she pressed the buzzer, let up,and when she finally pressed the
button again, she said from what I can honestly recall"You old arrogant Bitch". When I got
outside and checked my property bag,to my amazement as aforementioned,my wedding band
was not in the envelope with the other valuables, it was thrown into the plastic bag,that was half
sealed,and could have fallen out and lost.
If I had an attitude, it was of a broken heart,I truly take motherhood to heart,I love my children,
adore my grandchildren,I'd go through fire for them,and probably any child,however, any
parent, who has raised their child,stood by them through all the trouble,that I've been with my
daughter,and to be consistently tormented,humiliated by her and then the police,I truly believe
with all of my heart,that that was a very poor judgment call on behalf of the Sheriff's
Department.
It appears that the deputies went out of their way to harass and turn an extremely difficult scene
into worse. After arrival at the Martinez facility, I made a call to the.Alladin Bails Bonds. The
bonds man, Shawn, stated that he was in the Martinez office. He promised to call the jail and
check on my charges and bail amount. When I did not hear from him, I called home and spoke
with my daughter Michelle. Michelle stated that she spoke with Shawn,the bonds agent,and
said the deputies told him that my charges consisted of a violent nature toward the officers,that
my bail was$6,000,and that he(the bond co.)would not assist with bailing me out due to the
circumstance surrounding violence attempted at the police. My daughter told me that she tried to
reassure the agent that her mother had not done anything of that nature to the authorities. She
said he referred my family to try another bonds agent. My family called the referred agents,and
again they told my family that my bail.was $6,000,however,they called to re-check and were
told my bail was$3,000. From 4:30 p.m. until almost 10:00 p.m. my family was told by the
deputies that I was yet being processed,and that even though bail was posted, we had to wait:.
My family had to persist that I was a"brittle"diabetic and required life threatening medication
and could they please process me so that I could get home to get medication.
` Confidential 5
Page 5'of 5
July 12,2000
RE: Jackson—July 60'2000 Incident
For the record, my ex-husband worked for the Department of Corrections, my father also, and
actually,I was strongly encouraged by very close relatives that work for the San Francisco
Police,to go forward and report this to the proper authorities, and therefore,I am doing so. I„
truly do not want to be at odds with any Sheriff,I plan to keep all authority in prayer for wisdom,
sound judgment and protection.
Sincerely,
Cheryl Jac on
Cj\internal.aff
Attchmts: Restraining Orders
Family Court Orders
Hospital Reports
Additional Information Referrals:
Dr. Dae Jong Kim, Obstetrics& Gynecology 2250 Gladstone Drive.Pittsburg, CA 94565
(925)432-1220
Hospital: Sutter Delta Medical Center—(925)779-7200
Attending physician—hospitalized daughter,Maya during both pregnancies due to domestic
violence,thereby causing trauma and premature delivery.
Mt. Diablo Medical Center,2540 East Street, Concord, CA 94.520
(925)682-8200
April 30th 2000 emergency room visit due to blunt trauma to face requiring stitches on the
forehead. Hospital call to report assault to'sheriff—daughter Maya inflicted wounds. I did not
want to press charges,Maya was in late stages of pregnancy and I could not come to terms with
my grandchild possibly being born in jail. (Hospital report attached-taken to hospital by
neighbor/friend)
Copy of one of three restraining orders attached(like previously mentioned,the second presiding
judge was not satisfied with proof of service,I'd tried on several occasions to get the assistance
of the sheriff department to serve,(I provided a fee waiver)the orders to defendant Rushawn,'D.
Thomas,however,to no avail.
Additional addr whereas defendant,Rushawn D. T Tomas committed domestic violence.
� &
s �►
Confidential 6
Page 6 of 6
July 12,2000
RE: Jackson—July 6t'2000 Incident
CONFIDENTIAL
ADDENDUM TO LETTER AND INTERVIEW AT HOME:
Dear Sgt. Dodd:
After our interview/investigation at my home. you made the following comments and in
retrospect,may I further comment:
You asked why I thought the deputy.commented"You arrogant bitch",
The is personal.,)however,I've practiced total abstinence from sexually contact,this is personal
vow as the Word advises. When the male deputy searched my front and rear pants pockets, and
despite the fact that we were near the station whereby a female deputy could search me,and in
spite of my request for a female deputy to search,I was-ignored. 1 felt-offended,violated and,
helpless in addition to resulting consequences of the entire incident. As aforementioned,the
perpetrator and trespasser would not leave my home, and if any officer had taken only minutes to
listen,and somewhat properly investigate Rushawn Thomas' background,they would have
discovered some vital facts. For example, he is currently on probation for domestic violence,';his
background alone of having placed my daughter in the hospital twice for domestic violence
almost causing premature delivery, it seems as though common sense would say, "this character
was not a welcome visitor."
Your comment"You just don't let people walk on you"
This is another vital point. I have bent over backward to peacefully work with family members
And her associate. In spite of the threats from Thomas,I invited he and his mother to church.'
This was my way of making peace and at least hope that there might be divine intervention for .
him to be a better mate and father to my grandchild. I believe I previously made a.commerit with
regards to how I desperately tried to work things out peacefully and not bring family and their
associates to court—this is also commented in the Bible/Word. I tried that approach,however,to
no avail—subsequently,this reversed.
l
I'd further like to add,that in the year of 1,999,my daughter Michelle and had been interview by
detectives,and summoned by the State of California. The case was gruesome and horrid in
details. At that time, my.plate was full—and my primary concern was for Michelle's safety as
well as mine. We suffered bribery phone calls and threats from the defendant and his family;,
members. In 1999, I had to prioritize difficult exhaustive situations,thereby not following
through with my third filed Restraining Order, CLT-c As —T pM"'S
_te-5+1 MON e�l Et)Q-Ae-P-
5 lt-ieSfrl►� D� ,, a sC,
tL+ ,�
r,g to be here to 7166 ore marl ttyler@cctimes.com.
;.
REPORT
STAFF ,
k =- havior in the nei borhood.The Sub- . MAC members' eniVibition,
they were try- but assumptions,by sayi
BAY POINT .Jack's Market failed stance Abuse Advisory Board also ing to instigat pioa com- ' a bad neighborhood and
Jt�D:N�•hES
to win the Bay Point Municipal Advi- suggested that the-sale of beer at the plete ban on alc jh c beverag sales, would be sold to drunks
sory Council's support Tuesday to sell market would worsen conditions in �in Bay Point.
<•:=3 _; a beer and wine at the convenience mar- an area akeady saturated with liquor MAC member George Delacruz 'Jacks Market is ow
Drts are from the s Disabled vessel At 12:13 a.m..- ket at 2147 Will Pass Road. establishments,he added.'Still other abstained from•the vote,in part be- owns
L the son of Saleh
sta Station: Sept.3,the station received a report But the market's owner said he residents also spoke out against the cause he had tried to allay commu- pov n Saleh Sha bs a.k
At 9:55 am - - -
Aug sof a disabled vessel-near the South- will still seeks license-from the state -license.---- - --= -_�- nity concernsrby''working out an still plans to apply for`tt
ed a report of an ern Energy power plant in.Pittsburg. Department of Alcoholic Beverage - "I think the overall sense was that agreement with-the awners of Jack's .
vicinity of Pitts The-Coast Guard responded and the: :Control,which has the final say on --the-community that-came to the Market. Under hiss.,plan, the store . Shaibi said he respect
Guard crew and vessel was.found safely moored to•a such matters. meeting was overwhelmingly against would have hmited:alcohol sales to decisions,but is not sure i
S Marine Unit re-X nate dock f#_ t .�' '= ¢After;rhearin' teshmon :from �havin it:There•we're'-nei hbors as -:beer.,,and.win 'an r made at he meeting-refle
r �P.s < .: � F_. g w: Y; .. ,-. g ,g_ -_ d p ohibited the _ _� , �
m r
j the.�essel and , ,; about 20 concerned resident's_and the .:well,�V p spoke:,againstit and they sale of single baitflesiof wine or beer. of everyone"in the coiner
✓h M , zHouseboat3aground,—TAt 4 02 {father of flee store's:owner'rthe N1AG-'=would:have the`realest im`act'" x"A
g P busmessafhas the right to sell The MAC,which has
a m_Se t 3 the staho ,received-a -- 4 'T �.r<'. " „-.
At>12 30 p:m j._ ,P- x � voted 4-0 to,reoommend thattheABC Hoffman said ., liquor," said Delacrliz.--They dont . role in the matter,startec
\ b re ort of a houseboat a ound near i .{ r >Y - _ -
eceived areport P. 1, ,, n k+ . ._.. , clot-issueithelstore�ajhcense said Lvoted against;it because`we stop Safeway flrom�elling,or other -the license's lication
Lost Isle.-Forever Resort assisted the PP
I
water noith,of �Chiis Hoffman,+MAC tha[ man. have enough liquoi zlicenses rn-the -'markets;buttheydecided to pick on June,it decided to take's
A Coast Guard vessel at hi h tide t .
_76- .s: ,.
:.;g . ��. f<Hoffman=said neighbors of.,the areaand I doeheve in.the quahty-;-_=_this one particiiiar:entity. �at_rts^ reyious sinteii
did nqt find they • ,., N- "store-. ti, - -.x t ..'" ,.
� z
_.._.x Disabled vessel. At 1:17.p m. protested the:aicense,-feanng of hfe>ssue, ;Hoffman said Wednes-` None:of.them,presented any ev- aougherstand on attem
earch was sus—tks =_ w-� _. .
;Se t3,theatahon,received;a're ort tha€'at would•foment unsavory be` daymonging after the meetin :`Othei idence,"=he?ad�ed�i"It was nothin ;cohol iri'Ba' 'Point :G
er develo inents' P�4, :. P, g g y
P ,... of a ve's'sel d>sabled m thevicini pf y"- ,�
" rtD r •:-u;,.�"g .4< ...,:....-gam•' „-...u' "ars:�" :. rT`mss -
:'::.?•y,,yr •'4`c1.',iif'.G "Riverview Lod a-11 N OOd'$amal'ltan"' y i=:. �k .a.----:,c.'�.`i�.. �«'_ �- - t ' :' t ;' ' ,#n`;\3 ? ``.4• '` ' ;tu •�
-, . ,. gig. fg _ =
eceived: Ire ort. , -
,..�.� assisted=the:vessel ��.� �:; . . amu . -»
_. .... ,. :. a
\ } tJ.., f'" i..r .,r• -:J. `'q...� 1 i" p c' - 1 �t
l in the�vicini
tyF _ :.
Guard',crew re �Disabled,Lvessel At 1:24
the vessel Sept,3,Rhestahon ieceived a' epo _ . 1It10Ch s'-, > o dleston said.He was held in County They declined fip;T.egease her name. Participants will see hi
At 8 55sp:m of•a disabledv essel in the vicinity f `✓_ Jail on suspicion of child abuse, in, Police will ask the Contra Costa _tures; look at old photc
eceived a report Light 2 m the Stockton Deep Water lieu`of$50,000 bail r `'
Fat er 22 " ailed Mel' County District Attorney to file felony stories of Antioch's co:
at the Pittsburg Shipping Channel A Coast Guard �� The;incident .,occurred when
r. s.•r; a #-"� child abuse charges, officials said Those interested can-me
ral salvor helped .boat responded and towed the ves- baby'1S hurled t0 fl00r Thomas came home from a bar in ' Tuesday. i z, at City Hall,Third and I
sel to Herman and Helen's Marina. r� ,, r, toxicated about 3:30 a.m.,police said. rf
z:
y {� This is free and open
" Police have arrested a 22-year-old :•He was in bed when the ba started East COtun
_ father on suspicion:of throwing his ,crying in the bassinet on top of the <<• ,3; lic.For more details,cal
3-month-old daughter's-bassinet to . dresser
s the floor,injuring.the 1 durin an TOuir. COaStal;�leanu On Saturday,Set 16.
gi g Thomas and his girlfriend argued p Y, P
• argument with his girlfriendolice'said,-and Thomas got out of top Sierra Club agenda terested can participate it
rr The baby,fell(jut bruised her bed,grabbed the bassinet and threw ; 1 - California Coast Cleanul
a< cheek but was otherwise all right, -.,it about.three feet to the:floor. _° The Delta.Group of the Sierra members will clean up C
e Is at :h1 _ �
p'w said Antioch police Sgt.`Rock Hud- Paramedics examined the girl,but Club is holding two events in up- reservoir.
` dleston. moth declined have baby coming weeks
' the mother ec d to h the
650 Cavallo Road,Antioch CA 945091 , . ;,Rushawn Thomas of Antioch was ._taken to,the.hospital by ambulance.. , ,On ,,Surdas-} ocal -historian , e interested can
" .. :. ,:. a.m.hinsthe reservo kbea
ish Post D�patch established BgOpas a da,ly Aprih5,�1937x x;, ,jested at 3:36 a.m at the'house he Thomas was arrested on the scene. Charles Bohaket will lead a leisurely lot.For more details;cal:
shares with the baby's mother on the. ::-,. Police said the baby's mother has two-hour tour df Antioch's riverfront
,., z 2400 block:of Peppertree Way,Hud -not been implicated in the incident.••' area.'.
publisher Rebecca Barron,East County editor r
y VP/news Dan Hatfield,editorial page editor
K.g
s _ iialil[ed."Haws'"and.roinrs"of n w
x
• � �� a refugees froirr� r�tari calirrtrres :East Gounfy ar know ii`fttE
houses aired alder ones arid=S[[lcan 1/atte ri' r m rM
s>Assistant Ciiy Editor Jamie Bennetts x y p GBS,d 8a e S
779-7134•jberinetts@cctimes.com dlerghtiOr with&taucfirng
� Rl'� ftom`the Ametrarrleartfand and .
54-7938 Assistant City Editor Ed Diokno: <, Where did we all come ftom? the Third World about rt Reach editor Jam
Between•1980 and 2000, Brent
ecca Barron: ., . 779-7185 r.,ediokno@cctimes.com w v<w ;
netts at X79-7134,or e
- _-F: ...x V_ E; wood arid.Dal4[e re than ou.,. ....A!t araurid us are' eo ie wrth ,:6 r.: .-
Y pr P un- you have a m [[,n st
.-times.- . - h� v t.. ,Y.. p . ..�! ,
Communt .Ed(tor.Jud 1-neve: . . ,:, k .... : ...•;.. z a ;
0
'. h!.:. •_ , y- populafaanr;Ant[och tlafy, ,tatd sfnrles caf;Jourrte here: abouthow' oarrxe to sett[e:rn r*benn cetrmes:oom =
Local arts 8f enterta,nment clu y e#ts@
�. "^., e ....7 .s:..aaf <+z...._. ,.a,.,s.-v x.�:.�. x
R",.," -�'?iw.;a. y. ,.� ,� .; .,% `:... sw,. T `ad"4ra h"� s��
.>.- a._.. ...t. .... ,,, .,� " x.. ::, ^3"'.,dh' 'fir •aTF? ':W4ea.„J.x...,,+' -f;.#...`_i' ,r'3.'w:.+ •7. - 4. _ F -:rs ♦.a.,h_ <'- -,.l=.;g6
'... -
a -
ii
CLAIM
"it. BOARD OF SUPERVISORS OF CONTRA COSTA COUNT—Yo CALIFORNIA
BOARD ACTI01� FEBRUARY'b:� 2001.
Claim Against the County, or District Governed by )
the Board of Supervisors, Routing Endorsements, I NOTICE TO CLAIMANT
and Board Action. All Section references are to ) The copy of this document mailed to you is your
California Government Codes. ► notice of the action taken on your claim by the
Board of Supervisors. (Paragraph IV below), given
pursuant to Government Code Section 913 and
JAN 0
4 2001 915.4. Please note all "Warnings".
AMOUNT: NONE STATED COUNTY COUNsEL
MARTINEZ CALIF.
CLAIMANT: SHIRLEY TAUR
ATTORNEY: DATE RECEIVED: JANUARY 3, 2001
ADDRESS: 2388 UPLAND DRIVE BY DELIVERY TO CLERK ON: JANUARY 3, 2001
CONCORD CA 94520
BY MAIL POSTMARKED: TRANSMITTAL
L FROML• Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
PHIL BATCHELOR, Clerk
Dated: JANUARY 4, 2001 By: Deputy
II. FROM- County Counsel TO: Clerk of the Board o Supervisors
( his 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: �-�Jed/ By: �14y_ _ ��y ------ Deputy. County Counsel
III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2)
( ) . Claim was returned as untimely with notice to claimant (Section 911.3).
IV. BOARD ORDER: By unanimous vote of the Supervisors present:
( This Claim is rejected in full.
( ) Other:
I certify that this is a//true and correct copy of the Board's Order entered in its minutes for this date.
Dated: b "!mow PHIL BATCHELOR, Clerk, By , Deputy Clerk
WARNING (Gov. code section 913)
Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited
in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an
attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so
immediately. *For Additional Warning See Reverse Side of This Notice,
AFFIDAVIT OF MAILING
I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United
States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully
prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above.
Dated: �y: PHIL BATCHELOR By AJ eputy Clerk
CC: County Counsel County Administrator
This warning does not apply to claims which are not
subject to the California Tort Claims Act such as actions
in inverse condemnation, actions for specific relief such as
mandamus or injunction, or Federal Civil Rights claims.
The above list is not exhaustive and legal consultation is
essential to understand all the separate limitations periods
that.may apply. The limitations period within which suit
must be filed may be shorter or longer depending on the
nature of the claim. Consult the specific statutes and
cases applicable to your particular claim.
The County of Contra Costa does not waive any of its
rights under California Tort Claims Act nor does it waive
rights under the statutes of limitations applicable to
actions not subject to the California Tort Claims Act.
f . , RECEIVED
CLAIM JAN - 3 2001
CLERK BOARD OF SUPERVISORS
'
Contra Costa County Board of Supervisors CONTRA COSTA CO.
County Building, Martinez, CA 94553
By: Shirley Tuer
2388 Upland Drive
Concord, CA 94520
On August 8, 2000, my son Michael O. Tuer was suffering from back pain and weakness
in his legs. I took him to Contra Costa Regional Medical Center Emergency Room at 2500
Alhambra Avenue in Martinez, California 94553. Dr. Fred Beck treated my son at the
Emergency Room. He told my son that he had cirrhosis of the liver and said that he should
obtain a primary physician and see that physician in one week. The doctor did not perform any
blood or urine tests to determine the severity of his condition. Instead, he sent my son home with
a prescription of Vicadin and Motrin and in a very weakened state.
On August 9, 2000, between the hours of 2:30 a.m. and 4:30 a.m., my son was in very
bad shape. He had to go to the bathroom constantly. At approximately 4:30 in the morning, I
heard a loud crash. My son had fallen in the bathroom. I called 91 land American Medical
Response and the Concord Fire Department showed up at my house. Curt Clausen and Art,,
Jacobsen of Concord Fire Department, Willow Pass Road, kept pushing on the bathroom door so
they could get in even though my son's head was near the door. Finally, they pushed on the door
so hard that it opened. The ambulance took my son to Mt. Diablo Medical Center where he later
died from a broken neck.
Amount Claimed: Not included pursuant to Government Code Section 910 (f)
This claim would not be a limited civil case.
Dated: December 21, 2000
Shirey Tuer, M her of Decedent
9 C4
"v
ter 08 fEB
t: jz
t icy
•— 1
• ^'*....+«..•"• ._ , .s.�.._.�...•' IIA'.
j . j ii EF y jj (( 1ii ))¢p ii t11 tt i{{ iy1i }} fill
... .- _ i3l�'lti3ri13ii13tfttltiii!?Telittilil#it3t.t71lt3tl:tttti�I111A
--RECEIVED
FEB _ 9 2001
CLERK BOARD OF SUPERVISORS, rp
CONTRA COSTA CO.
�s
�l
CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
BOARD A00FEBRUARY 6, 2001
Claim Against the County, or District Governed by )
the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT
and Board Action. All Section references are to ) The copy of this document mailed to you is your
California Government Codes. ) notice of the action taken on your claim by the
Board of Supervisors. (Paragraph IV below), given
My.CMitWTQ pursuant to Government Code Section 913 and
915.4. Please note all "Warnings".
AMOUNT: NONE STATED (See estimates) JAN 0 8 2009
COUNTY COUNSEL
CLAIMANT: ANDREA WESTBROOK MARTINEZ CALIF.
ATTORNEY: DATE RECEIVED: JANUARY 8, 2001
ADDRESS: 2232 DOVER WAY BY DELIVERY TO CLERK ON: JANUARY 8, 2001
PITTSBURG CA 94565
BY MAIL POSTMARKED: TRANSMITTAL
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim..
PHIL BATCHELOR, Clerk
Dated: JANUARY 8, 2001 By: Deputy
II. FROM- County Counsel TO: Clerk of the Board of upervisors
( 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: /—//- 0/ By: C.�OW,4L Deputy County Counsel
M. FROM- Clerk of the Board TO: County Counsel (1) County Administrator (2)
( ) . Claim was returned as untimely with notice to claimant (Section 911.3).
IV. BOARD ORDER: By unanimous vote of the Supervisors present:
(yQ 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.
AFF DAVIT OF MAILING.
I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United
States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully
prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above.
Dated: (.l b '?N0 tBy: PHIL BATCHELOR Deputy Clerk
CC: County Counsel County Administrator
Y „f
This warning does not apply to claims which are not
subject to the California Tort Claims Act such as actions
in inverse condemnation, actions for specific relief such as
mandamus or injunction, or Federal Civil Rights claims.
The above list is not exhaustive and legal consultation is
essential to understand all the separate limitations periods
that may apply. The limitations period within which suit
must be filed may be shorter or longer depending on the
nature of the claim. Consult the specific statutes and
cases applicable to your particular claim.
The County of Contra Costa does not waive any of its
rights under California Tort Claims Act nor does it waive
rights under the statutes of limitations applicable to
actions not subject to the California Tort Claims Act.
e ,
'bairn to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY
• INSTRUCTIONS TO CLAIMANT
A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops
and which accrue on or before December 31, 1987, must be presented not later than the 100`" day after.the
accrual of the cause of action. Claims relating to causes of_action for death.or for injury to person or to
personal property or growing crops and which accrue on or after January 1,'1988,=must•be presented not later
than six months after the accrual of the cause of action. Claims relating to any other cause of action must be
presented not later than one year after the accrual of the cause oUaction. (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 aaln)L(51Ji C'tii::ii va.0�uu...,
g Y h-Kc entity,sei anite 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
RECE
VED
Against the County of Contra Costa ) r
or JAN — 8 2001
CLERK g
DistrictCOpAPJT';B pF SUpERVISORS
R� ) ,.
(Fill in Name) COS,q Co.
The undersigned claimant hereby makes claim against the County of Contra.Costa or the above named
District in the sum of$ and in support of this claim represents as follows:
i+
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)
.12 /k/ar�-A�4-9
3. Row did the dams a or in�Occur? (Give full details;use extra aper if required)
�b�l�y y`ru e��P� ire Gcl q�. C/����i7 / q+,f
he
O'Ah.iC /6h1 i/? Xy
/ruU��+ U�'rl y 7` rc9stY fn�� ` �!�!�!�
grill ,a iyty ll i'►. . cv�e .[� •K, dd�� & � . y �'112acllle Zzb
--1/_ ----------------------------------------------------
4. What particular t or ofdiission on the part of county or district officers, servants, or employees caused the
injury or damage?
(Over)
5. What are the names of county or district officers,servants,or employees causing the damage or injury?
--- e
--------- --------------------
6. What damages or injuries
/do you_claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for
auto damage.) �/ ��Gl �l /S/G�el� C?! dot iiaoe 1-10,7,e-
--------------------------------------------
J'OhG--------------------------------------------
7. How was the above claimed amount computed? (Include the estimated amount of any prospective injury or damage.)
------------
8. Jes and ad sses oeft ses,doctors,and hospitals.
--------------------------------------------
.List the expenditures you made on account of this accident or injury: /,1012e QiL eAJ
DATE ITEM AMOUNT
Gov. Code Sec. 910.2 provides:
"The claim must be signed by the claimant
SEND NOTICES TO: (Attorney) or by some person on his behalf."
Name and Address of Attorney
(Claimant's Signature)
(Address,)
a
telephone No. Telephone No.
NOTICE
Section 72 of the Penal Code provides:
"Every person who,with intent to defraud,presents for allowance p met t y e board or officer,or to
any county, city or district board or officer, authorized to allow Sroathsame itiu any false or fraudulent
claim, bill, account, voucher, or writing, is punishable either by imprisonment in the county jail for a period of not
more than one year, by a fine of not exceeding one thousand dollars ($1,0j)Nay both such imprisonment and
fine,or by imprisonment in the state prison,by a fine of not $10,000), or by both
such imprisonment and fine.
SHARON HYMES-OFFS Ra
RECEIVED JAS 320
JAN - 8 2001
CLERK BOARD OF SUPERVISORS j
CONTRA COSTA CO.
1209 SoViersville Road' - Prompt
Antioch, California 94509GLASS ,
Professional
E'nd's: (925)777-1700
FAX: (925)777-1258 Service
Trill-Free: 1-888-444-GLASS TECHBAR#AG"190211
Contractor's Lic. #743090 0-aJL 0'�"4=+
ACCOUNT AGENT PURCHASE DATE 11-28-2000 OIL. O T r=
NO.: I NO.: I ORDER NO.:
CUSTOMER STATE TAX OR EXEMPT NO. CUSTOMER FEDERAL TAX I.D.NO. ADV.CODE SALESMAN I.D. ORDER TAKEN BY INSTALLED BY FEDERAL TAX I.D.NO.
68-M2659
BILL TO: SOLD TO:
ANDREA WESTBROOK
2232 DOVER WAY
PITTSBURG, CCS 94565
Hod 473-0932
PROOFINSURANCE OF •
INSURANCE CO. POLICY NO.
INSURANCE CO.'
PHONE NO. '"'" CLAIM NO.
CAUSE&
POLICY NAME,'` LOSS LOCATION
AGENT NAME VERIFIED BY
e
AGENT PHONE DATE OF LOSS DEDUCTIBLE
VEHICLE INFORMATION
® +
Dodge Caravan nn��t���i�n ...• 4
Aty Part Number Color Adhesavq „ e Labor Sell Total
+t`ry 1 DW01.225 GB COIF! Green/Blue 0.00-210 Dagi 2.9H 40.00 355.00 395.0
Comments �
° QUOTE, ONLY
Passengers�can not sit in the right front seat of air bag equipped vehicles
for a minimum of 12 hours.Failure to do so could result in passengers
extreme or fatal injury.
Customers Initials Time&Date VISA
RECEIVED BY
AUTHORIZATION TO PAY
I hereby authorize and empower the above named insurance company to pay this invoice in full settlement,satis-
faction and discharge of all loss under the above pdrlcy,.Upon such payment,all rights I may have for claim and
demand for loss and damage described above against the above named insurance company shall be thereby
forever discharged.In the event that the above named insurance Company does not make timely and/or full pay- .,subt of a 1 395. 00
ment of this invoice according to its terms, I hereby accept responsibility for such payment and agree to pay alls .,
charges.reflected on this invoice to GLASS TECH subject to and according to all terms and conditions on this 8. i.5% 'T.�a< A 29. 29
.4
invoice.
TERMS
F • / 1 Charg a 424.24
TEIM�: AYABLE OFT.1 THOF THE MONTH FOLLOWING PURCHASE,SERVICE CHARGE OF 1%%PER MONTH 118%ANNUM)WILL BE CHARGED ON OVERDUE ACCOUNTS
Glass Tech Limited Warranty
Vehicle glass is warranted against defects in material or workmanship for as long as you own the
vehicle in which the glass is installed. Truck backsliding glass is warranted against defects in materials
and workmanship for two years from the date of the installation as shown on the invoice.
Exclusions
IN NO EVENT SHALL GLASS TECH BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES. In addition, damage not involving defective workmanship or materials is expressly
excluded from coverage under this warranty. This warranty gives you specific legal rights and you may
also have other rights, which vary from state to state.
General
if you have a problem that is covered by this warranty, take your vehicle to Glass Tech and they will
repair or replace the warranted, product. If Glass Tech is unable to make the repair or replacement,
Glass Tech will refund the original purchase price of your warranted product.
In order to exercise your rights under this warranty, take your vehicle to Glass Tech, together with
evidence of installation (such as a copy of the invoice on the front of this warranty), where the defective
installation will be corrected without charge.
Windshield Repair
The repair process involves the injection of special adhesives into the damaged part of the glass. The
degree of success of each repair is a function of several variables. The best results are obtained when
the damage is recent, the point of impact is small, the cracks around the damaged area are small, and
there is no moisture or other foreign matter in the damaged area.
In some cases, the attempt to repair a windshield can result in the chip or crack becoming larger, and
Glass Tech is not responsible for such damages.
If you are dissatisfied with the repair, Gl 5 q jW rNidJt[he cost of the repair towards replacement.
If your insurance company paid for the repair, the insurance company will receive the credit.
g fi b d z_ Kyr loan
r This warranty applies as long as you own or lease the vehicle on which the repair was made and is
not transferable. 03NI 8
klwot i IS1 ' \,,18IN 0
' Date: 12/11/0011:15 AM
t Estimate ID: 3200
Estimate Version: 0
Preliminary
Profile ID: CUSTOMIZED
AMERICAN AUTO BODY
105 BLISS AVENUE PITTSBURG, CA 94565
(925)432-9910
Fax: (925)432-9936
Damage Assessed By: BOB RENTERIA
Type of Loss: Collision
Payer: Insurance Deductible: UNKNOWN
Insured; —ANDP A-WESTBROOK
Address: 2232 DOVER WAY PITTSBURG, CA 94565
Telephone: Work Phone: (925) 550-5154 Home Phone: (925)473-0932
Mitchell Service: 913528
Description: 2000 Plymouth GrandVoyager SE Vehicle Production Date: 10/99
Body Style: Van Drive Train: 3.31. Inj 6 Cyl 2WD
VIN: iP4GP44R4YB581850 License: 4GCU315 CA
Mileage: 29,952 '
OEM/ALT: O Search Code: None
Color: WHITE/PW7
Options: AIR CONDITIONING, POWER STEERING, POWER BRAKES, POWER WINDOWS, POWER DOOR LOCKS
TILT STEERING WHEEL, ELECTRIC DEFOGGER, AM-FM STEREO CASSETTE
AUTOMATIC TRANSMISSION, POWER REMOTE MIRROR
ESTIMATED TIMI: OF REPAIR 1 DAY
Line Entry Labor Line Item Part Type/ Dollar Labor
Item Number Type Operation Description Part Number Amount Units
1 302978 REF* REPAIR GRILLE Existing 0.5*#
2 (TIME 15 TO COLOR FILL CHIP, COLOR
3 SAND AND POLISH)
4 300910 GLS REMOVE/REPLACE W/SHIELD GLASS Sublet 466.67 * 0.0*#
5 *:******** NOTE **********
6 UNKNOWN IF WINSHIELD IS REPAIRABLE
7 _ PRICE QUOTE FROM "GLASS TECH"
8 925-777-1700 (SUBJECT TO INVOICE)
9 **************************************************
10 AUTO ADWL COST PAINT/MATERIALS 12.50
ESTIMATE RECALL NUMBER: 12/11/00 11:03:49 3200
UltraMate is a Trademark of Mitchell International
Mitchell Data Version: DEC-0Q--A Copyright (C) 1994 - 2000 Mitchell International Page 1 of 2
UltraMote Version: 4.6.004 All Rights Reserved
Date: 12/11/00 11:15 AM
rzll Estimate ID: 3200
Estimate Version: 0
Preliminary
Profile ID: CUSTOMIZED
* - Judgement Item
# - Labor Note Applies
Remarks
IMAGES 16864 -> 16871
Add'I
Labor Sublet
I. Labor Subtotals units Rate Amount Amount Totals II. Part Rep! cement S_mmory Amount
Refinish 0.5 56.00 0.00 0.00 28.00 Non-Taxable Parts 466.67
Non-Taxable Labor 28.00 Total Replacement Parts Amount 466.67
Labor Summary 0.5 28.00
III. Additional Costs Amount IV. Adjustments Amount
Taxable Costs 12.50 Customer Responsibility 0.00
Sales Tax @ 8.250% 1.03
Total Additional Costs 13.53
I. Total Labor: 28.00
II. Total Replacement Parts: 466.67
III. Total Additional Costs: 13.53
Gross Total: 508.20
IV. Total Adjustments: 0.00
Net Total: 508.20
This is a preliminary estimate.
Additional changes to the estimate may be required for the actual repair.
Point(s) of Impact
6 Rear Center (P)
Inspection Site: AMERICAN AUTO BODY
,TM
r r
ESTIMATE RECALL NUMBER: 12/11/00 11:03:49 3200
UltroMate is a Trademark of Mitchell International
Mitchell Data Version: DEC 00_A Copyright (C) 1994 - 2000 Mitchell International Page 2 of 2
UltroMate Version: 4.6.004 All Rights Reserved
CONTRA, t'�DSTA COUNTY
RECENED
2001 JAN - A q`4b
RISC MANAGEMENT
l
�a
�1
u 9
z
s
r AMENDED CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
BOARD ACTIOFEBRUARY 6, 2001
Claim Against the County, or District Governed by 1
the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT
and Board Action. All Section references are to, ) The copy of this document mailed to you is your
California Government Codes. I notice of the action taken on your claim by the
RIPMW�M Board of Supervisors. (Paragraph IV below), given
pursuant to Government Code Section 913 and
JAN 2 5 2001 915.4. Please note all "Warnings".
AMOUNT: Exceeds $10,000.00 COUNTY COUNSEL
MARTINEZ CALIF.
CLAIMANT: LIEFF, CABRASER, HEIMANN & BERNSTEIN LLP
ATTORNEY: DATE RECEIVED: JANUARY 24,:-2001
ADDRESS: 275 BATTERY ST 30TH FLOOR BY DELIVERY TO CLERK ON: JANUARY 24, 2001
SAN FRANCISCO CA 94111
BY MAIL POSTMARKED: Transmittal
L FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim..
PHIL BATCHELOR, Clerk
Dated: JANUARY 24, 2001 By: DeputyQV424- �1?� —
4L V
H. FROM: County Counsel TO: Clerk of the Board of Supervisors
( Q, fiiis 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: D By: 641 Deputy County Counsel
M. FROM• Clerk of the Board TO: County Counsel (1) County Administrator (2)
( ) . Claim was returned as untimely with notice to claimant (Section 911.3).
IV. BOARD ORDER: By unanimous vote of the Supervisors present:
( This Claim is rejected in full.
( ) Other:
I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date.
Dated:_EXbkj� '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 MAIIdNG
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
1 CC: County Counsel County Administrator
This warning does not apply to claims which are not
subject to the California Tort Claims Act such as actions
in inverse condemnation, actions for specific relief such as
mandamus or injunction, or Federal Civil Rights claims.
The above list is not exhaustive and legal consultation is
essential to understand all the separate limitations periods
that may apply. The limitations period within which suit
must be filed may be shorter or longer depending on the
nature of the claim. Consult the specific statutes and
cases applicable to your particular claim.
The County of Contra Costa does not waive any of its
rights under California Tort Claims Act nor does it waive
rights under the statutes of limitations applicable to
actions not subject to the California Tort Claims Act.
LIEFF, CABBASER, HEIMANN & BERNSTEIN, LLP
ATTORNEYS AT LAW
EMBARCADERO CENTER WEST
275 BATTERY STREET, 30TH FLOOR
SAN FRANCISCO, CALIFORNIA 94111-3339
TELEPHONE: (415) 956-1000
FACSIMILE: (415) 956-1008
ROBERT J. NELSON maIIOIChb.00f11
PARTNER - WWW.ichb.com e
j ! 1
January 18, 2001
PlARTIIW i':,,ALIF.
VIA FEDERAL EXPRESS
Monika L. Cooper
Deputy County Counsel
Contra Costa County
Office of the County Counsel
County Administration Building
651 Pine Street, 9th Floor
Martinez, CA 94553
Kenneth J. Corcoran
Auditor-Controller
Contra Costa County
625 Court Street, Room 103
Martinez, CA 94553
Stephen L.Weir
County Clerk-Recorder
Contra Costa County
822 Main Street
Martinez, CA 94553
Re: Claim Against Contra Costa County
Dear Ms. Cooper, Mr. Corcoran, and Mr. Weir:
This letter responds to the Notice of Insufficiency and/or Non-Acceptance of
Claim, signed by Ms. Cooper, and served on us by mail on January 5, 2001 (the "Notice"). In
pertinent part, the Notice states that the claim presented by Lieff, Cabraser, Heimann &
Bernstein, LLP ("LCHB") against the County of Contra Costa(the"County") on or about
December 22, 2000 (the "Claim") fails to comply with the requirements of California
Government Code section 910, or is otherwise insufficient, because: (1) "The claim fails to state
the date, place or other circumstances of the occurrence or transaction which gave rise to the
claim asserted," and (2) "Please provide the date which gave rise to your claim." While we are
confident that the Claim as originally presented fully satisfies the requirements of California
Government Code section 910, to avoid an unnecessary dispute regarding the sufficiency of the
780 THIRD AVENUE, 48TH FLOOR 214 UNION WHARF 3319 WEST END AVENUE, SUITE 600
NEW YORK, NEW YORK 10017-2024 BOSTON, MASSACHUSETTS 02109-1216 NASHVILLE.TENNESSEE 37203-1074
TELEPHONE: (212) 355-9500 TELEPHONE: (617) 720-5000 TELEPHONE: (615) 313-9000
FACSIMILE: (212) 355-9592 FACSIMILE: (617) 720-5015 FACSIMILE: (615) 313-9965
Y�
Monika L. Cooper
Kenneth J. Corcoran
Stephen L.Weir
January 18, 2001
Page 2
claim, we provide the following additional information, which is and shall constitute an
amendment of the Claim pursuant to California Government Code section 910.6(a).
To summarize, in two separate agreements, the County agreed to pay LCHB a
percentage of any amounts recovered in litigation against the major tobacco companies. The
County subsequently reaffirmed this obligation no less than four times, with the proviso that
LCHB would seek to recover attorneys' fees from any fund set up by the tobacco companies for
that purpose, and that the County's pro rata share of any amounts actually received by LCHB
from such a fund would be credited against the amounts due from the County under the terms of
its contracts with LCHB. The tobacco litigation has been settled, and the County has begun
receiving payments from the settlement proceeds. LCHB has obtained an arbitration award and
has begun receiving payments from the fund set up by the tobacco companies for that purpose.
However, the County's pro rata share of the arbitration award and the payments made to LCHB
are insufficient to eliminate its obligation to make payments to LCHB out of the proceeds of the
tobacco settlement. Details on these transactions and events are presented below.
On or about July 22, 1996, the County entered into an Engagement and
Contingency Agreement with LCHB. Pursuant to that agreement, LCHB agreed to represent the
County in City and County of San Francisco et al. v. Philip Morris, Inc., et al., Civil Action No.
96-2090, filed in the United States District Court for the Northern District of California on or
about June 6, 1996. The County agreed to pay LCHB 20% of any amounts recovered up to $25
million (including any amounts recovered by other local public entity plaintiffs), and 15% of any
recovery in excess of the first $25 million.
On or about August 10, 1996, the County entered into a Second Engagement and
Contingency Agreement with LCHB. Pursuant to that agreement, LCHB agreed to represent the
County in additional litigation against the major tobacco companies brought pursuant to
California Business and Professions Code sections 17200, et se . and 17500, et se . The County
agreed to pay LCHB 20% of any amounts recovered up to $25 million (including amounts
recovered by other local public entity plaintiffs), and 15% of any recovery in excess of the first
$25 million.
On or about August 27, 1996, the County and LCHB entered into Addendum No.
1 to Engagement and Contingency Agreement, which expressly reaffirmed the agreement and
made minor revisions not implicated by the Claim.
On or about August 5, 1998, the California Attorney General, the City Attorney of
the City and County of San Francisco (acting for the Executive Committee), LCHB, and counsel
for the other public entity and private attorney general plaintiffs in tobacco litigation pending in
the State of California, entered into a Memorandum of Understanding ("MOU"). In substance,
the MOU provided that the County would be eligible to share in 45% of the proceeds of any
global settlement, in proportion to its population relative to the population of the State,
Monika L. Cooper
Kenneth J. Corcoran
Stephen L.Weir
January 18, 2001
Page 3
"conditioned upon a release by [the County] of all tobacco related claims consistent with the
extent of the state's release." The MOU also provided that:
While this agreement in no way abrogates, changes, or attempts to
modify any fee agreement private counsel may have, all private
counsel . . . agree in the event of a settlement of the state of
California's claims, and to the extent a city or county agrees to
release its claims in return for its share in the recovery pursuant to
this MOU,private counsel agree to seek fees, costs and expenses
pursuant to any mechanism set up pursuant to such settlement. . . .
Private counsel agree that any fees, expenses or costs recovered by
private counsel in consideration for services to or representation of
their public entity clients pursuant to such mechanism shall be
deducted from any fees, costs or expenses payable under fee
agreements with their respective clients.
On or about October 1, 1998, the County executed Second Engagement and
Contingency Agreement Addendum No. 1, and Engagement and Contingency Agreement
Addendum No. 3, both of which added the law firm of Milberg, Weiss, Bershad, Hynes &
Lerach LLP ("MWBHL") as counsel in the aforementioned litigation, pursuant to Section I.G. of
the Engagement and Contingency Agreement and Second Engagement and Contingency
Agreement. These addenda also provided that:
[I]t is possible that any multi-state settlement . . . which includes
the Litigation may provide for a fund to compensate plaintiffs'
counsel, including Special Attorneys, for the services rendered on
behalf of the County of Contra Costa and which furthered the
overall litigation effort against the tobacco industry. . . .Any
attorneys fees that are recovered by Special Attorneys from such a
fund for services provide by Special Attorneys to the County of
Contra Costa shall be deducted from any fees payable to the
Special Attorneys pursuant to . . . the Agreement.
On or about December 9, 1998, as part of the multi-state settlement contemplated
by the addenda(the"MSA"), the Hon. Ronald S. Prager of the Superior Court, State of
California, County of San Diego entered a Consent Decree and Final Judgment approving and
incorporating both the MSA and the MOU. Like the MOU and the October 1, 1998 addenda, the
Model Fee Payment Agreement incorporated in the MSA expressly provided that:
The rights and obligations, if any, of the respective parties to any
contract between the [California Cities and Counties] and
[California Cities and Counties'] Outside Counsel shall be
Monika L. Cooper
Kenneth J. Corcoran
Stephen L.Weir
January 18, 2001
Page 4
unaffected by this Fee Payment Agreement except . . . to the extent
that [California Cities and Counties'] Outside counsel receive any
payments in satisfaction of a Fee Award . . . any amounts so
received shall be credited, on a dollar-for-dollar basis, against any
amount payable to [California Cities and Counties'] Outside
Counsel by [California Cities and Counties] under any such
contract.
On or about January 18, 2000, Judge Prager entered an Order Approving
Agreement Regarding Interpretation of lTeem�orandum of Understanding (the "ARIMOU"). The
ARIMOU, together with its appendices,prescribes the mechanics by which the County and the
other California cities and counties eligible to share in the settlement proceeds shall obtain their
funds, and includes, as Appendix D, a form of the release required by the MOU as a condition of
eligibility. Like the MOU and the October 1, 1998 addenda, the ARIMOU expressly provides
that:
As provided under the MOU, Private Outside Counsel for the
Represented Cities and Counties will make their best efforts to
obtain their fees and costs from the Original Participating
Manufacturers as provided for in the MSA. Any attorneys fees and
costs obtained shall be credited against the amounts owed Private
Counsel under their contingency fee agreements.
After the ARIMOU was approved by Judge Prager, it was executed by the
County, together with the Model Release, which had theretofore remained an unsatisfied
condition precedent to the receipt of funds by the County. At some point thereafter, the County
began receiving its share of the settlement funds. The precise dates upon which the County
executed the ARIMOU, Model Release, and other forms required by the ARIMOU; transmitted
the executed documents to the designated persons; and began receiving settlement funds, are not
presently known to LCHB. Based on information provided by the San Francisco City Attorney's
office, the County did not begin to receive settlement funds until, at the earliest, some time in
---�- �.
According to information provided by the California Attorney General, the
County received a total of approximately $7,154,000 in the first payment; and an additional
$5,363,000 in April 2000. The Attorney enera also projected that the County would receive an
additional$'9;09G;U00 in 2001 (approximately $3,212,000 of this amount should already have
been received); a total of approximately $256,440,000 through 2025; and approximately
$10,742,000 annually thereafter.
Pursuant to the MOU, the October 1, 1998 addenda, the ARIMOU, and the Model
Fee Payment Agreement, in September 2000, LCHB and MWBHL, together with counsel for the
7i
Monika L. Cooper
Kenneth J. Corcoran
Stephen L.Weir
January 18, 2001
Page 5
County of Los Angeles, participated in an attorneys' fees arbitration against the major tobacco
companies. On or about October 20, 2000, the arbitration panel made a nominal award of$637.5
million, to be paid out in quarterly installments, without interest, over a period of approximately
20 to 25 years.'- Pursuant to an agreement approved in advance of that arbitration by the San
Francisco City Attorney(pursuant to section I.G. of the Engagement and Contingency
Agreement and Second Engagement and Contingency Agreement), LCHB is entitled to 32.5% of
any amounts paid in satisfaction of the arbitration award. To date, LCHB has received a total of
$7,831,614 in satisfaction of the award, plus reimbursement of its share of the expenses of the
arbitration. Pursuant to the MOU, the October 1, 1998 addenda, the ARIMOU, and the Model
Fee Payment Agreement, the County is entitled to credit for its proportional share of the amounts
actually received by LCHB as against the amounts due LCHB under the terms of the
Engagement and Contingency Agreement and Second Engagement and Contingency Agreement.
We trust that this additional detail provides sufficient information on"the date,
place or other circumstances of the occurrence or transaction which gave rise to the claim
asserted"to satisfy your concerns. In the event that you require any additional information, we
respectfully request that you make your inquiry as specific as possible, bearing in mind that we
are prohibited by statute from stating the amount claimed. Cal. Govt. Code § 910(f).
As to your second request, for"the date which gave rise to your claim,"this
would appear to be duplicative of your first request, which includes "the date . . . of the
occurrence or transaction which gave rise to the claim asserted." To the extent your second
request seeks additional information beyond the statutory requirements, we are not required to
provide it. See Blair v. Superior Court, 267 Cal. Rptr. 13, 16 (1990) (local public entity cannot
require more information than required by statute). Subject to and without waiving this right, we
respond as follows.
'--'The amount of this award remains confidential, and has not yet been released to the
public. On October 27, 2000, it was communicated to the County in confidence by the San
Francisco City Attorney, who cautioned that pending the issuance of a written opinion, "the
amount of the award certainly should not be discussed with the press or in public."
Monika L. Cooper
Kenneth J. Corcoran
Stephen L.Weir
January 18, 2001
Page 6
California Government Code section 901 provides that:
the date of the accrual of a cause of action to which a claim relates
is the date upon which the cause of action would be deemed to
have accrued within the meaning of the statute of limitations which
would be applicable thereto if there were no requirement that a
claim be presented to and be acted upon by the public entity before
an action could be commenced thereon.
Accordingly, the question of when LCHB's claim against the County arose
presents a question of law that we are neither required nor inclined to answer definitively at this
time. However, I believe we can provide sufficient information to address your concerns.
On or about January 11, 2001, my colleague, Barry Himmelstein, telephoned Ms.
Cooper, and asked what information she was seeking in response to her second request. She
stated that if our position was that the Claim arose when the Engagement and Contingency
Agreement and Second Engagement and Contingency Agreement were entered into in 1996, the
Claim would not be timely. Mr. Himmelstein assured Ms. Cooper that that was not the case, and
that, at the earliest, the Claim did not arise until the County actually began receiving settlement
funds. See Witkin, 3 California Procedure, Actions § 494 (where attorney is to be paid out of
funds received by client, attorney's claim does not accrue until client receives funds). Mr.
Himmelstein also informed Ms. Cooper that LCHB did not have information on the precise date
that the County began receiving settlement funds or the precise amounts received by the County,
which information was in the exclusive possession of the County, and he requested this
information. Ms. Cooper responded that she did not have this information, and subsequently left
a voicemail message for Mr. Himmelstein reassuring him that he was not required to provide it in
response to the Notice.
We also received a letter dated December 13, 2000 from the San Francisco City
Attorney purporting to speak for the County, stating that the County believes that no funds
should be paid by the Cities and Counties to LCHB under the Engagement and Contingency
Agreement and/or Second Engagement and Contingency Agreement.
ry
Monika L. Cooper
Kenneth J. Corcoran
Stephen L.Weir
January 18, 2001
Page 7
As we have consistently stated in our prior correspondence, we remain hopeful
that this matter can be resolved without the necessity of litigation.
Very truly yours,
LIEFF, CABRASER, HEIMANN
&BERNSTEIN, LLP
By:
Robert J. Nelson
Partner
cc: (VIA FEDERAL EXPRESS)
Ms. Vickie Dawes
Deputy County Counsel
Contra Costa County
651 Pine Street, 9th Floor
Martinez, CA 94553
cooperlsft
o
PROOF OF SERVICE
I am employed in the County of San Francisco, State of California. I am over the
age of eighteen(18) years. My business address is 275 Battery Street, San Francisco, California
94111-3339.
I am readily familiar with Lieff, Cabraser, Heimann& Bernstein, LLP's practice
for collection and processing of documents for service via Federal Express, and that practice is
that the documents are delivered in-hand to an authorized Federal Express carrier the same day as
the date listed on this Proof of Service.
On January 18, 2001, I served the within document(s) described as:
1. LETTER RE: CLAIM AGAINST CONTRA COSTA COUNTY
on the persons listed below by Federal Express delivery addressed as follows:
Monika L. Cooper
Deputy County Counsel
Contra Costa County
Office of the County Counsel
County Administration Building
651 Pine Street, 91h Floor
Martinez, CA 94553
Kenneth J. Corcoran
Auditor-Controller
Contra Costa County
625 Court Street, Room 103
Martinez, CA 94553
Stephen L.Weir
County Clerk-Recorder
Contra Costa County
822 Main Street
Martinez, CA 94553
I declare under penalty of perjury that the foregoing is true and correct. Executed
at San Francisco, California on January 18, 2001.
JESS LOPE
rLuum
- S r N Ott:i CRT O I LSCC C, 3CA 4111
SAN FRANCISCO CA 94111 ACTUAL WOT: 1 LBS MAN-WT
(415)956-1000
=L4 TO: MONIKA COOPER,DEP.000NTY COUNSEL
CONTRA COSTA COUNTY
OFFICE OF THE COUNTY COUNSEL
COUNTY ADMIN.BLOO. 651 PINE ST. 9FL
MARTINEZ CR 94553
4104 9364 6373 Fec
~� 4104 9364 6373
` REF: 0572 KD
(� PR I OR I TV OVERN I OHT FR 1,
CADS 0034097 18JAN01
Deliver b
�
TRK 4104 9364 6373 020, i 9,�aN1z
OAK
A�
94553' -CA-US
WA CCRA
,j
• r CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY CALIFORNIA
BOARD ACTION. --,FpRuaRy,^6 2001
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. MIffavi� notice of the action taken on your claim by the
��J1 Board of Supervisors. (Paragraph IV below), given
JAIL! 0 4 2009 pursuant to Government Code Section 913 and
915.4. Please note all "Warnings".
COUNTY COUNSEL
AMOUNT: Exceeds $10,000.00 MARTINEZ CALIF.
CLAIMANT: LIEFF, CABRASER, HEIMANN & BERNSTEIN, LLP
ATTORNEY: DATE RECEIVED: JANUARY 2, 2001
ADDRESS: 275 BATTERY ST, 30TH FLOOR BY DELIVERY TO CLERK ON: JANUARY 2, 1002
SAN FRANCISCO CA 94111 TRANSMITTAL
BY MAIL POSTMARKED:
L FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim..
PHIL BATCHELOR, Clerk
Dated: JANUARY 4, 2001 By: DeputyQm6n2 JJ&ZZZ,,
�z
H. FROIVL• County Counsel TO: Clerk of the Board of Supervisors
( ) This claim complies substantially with Sections 910 and 910.2.
(✓rhis 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: l `fes U I By: Deputy County Counsel
III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2)
( ) Claim was returned as untimely with notice to claimant (Section 911.3).
IV. BOARD ORDER: By unanimous vote of the Supervisors present:
( ) This Claim is rejected in full.
( ) Other:
I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date.
Dated: PHIL BATCHELOR, Clerk, By , Deputy Clerk
WARNING (Gov. code section 913)
Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited
in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an
attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so
immediately. *For Additional Warning See Reverse Side of This Notice.
AFFIDAVIT OF MAILING
I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United
States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully
prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above.
Dated: By: PHIL BATCHELOR By Deputy Clerk
CC: County Counsel County Administrator
This warning does not apply to claims which are not
subject to the California Tort Claims Act such as actions
in inverse condemnation, actions for specific relief such as
mandamus or injunction, or Federal Civil Rights claims.
The above list is not exhaustive and legal consultation is
essential to understand all the separate limitations periods
that may apply. The limitations period within which suit
must be filed may be shorter or longer depending on the
nature of the claim. Consult the specific statutes and
cases applicable to your particular claim.
The County of Contra Costa does not waive any of its
rights under California Tort Claims Act nor does it waive
rights under the statutes of limitations applicable to
actions not subject to the California Tort Claims Act.
VJCTOR J.WESTMAN DEPUTIES;
COUNTY,COUNSEL 75 �' �` ,,� PHILLIPS.ALTHOFF
x _r "3 JANICEL.AMENTA
' KMI
NORAG.BARLOW
' B.REBECCA BYRNES
SILVANO B.MARCHESI `UN` ANDREA W.CASSIDY
CONTRA CQSTA CO �i MONIKAL.COOPER
CH IEF ASSISTANT COUNTY COUNSEL r_ p ` VICKIE L.DAWES
OFFIC910FTHE COUNTY CO JNSE4 MARKES'ESTIS
SHARON L.ANDERSON ` `6 * ii MICHAEL D.FARR
COUNTYADMINISTRATIONBUILDING,-�-I LILLIANT.FUJII
ASSISTANT COUNTY COUNSEL' 5a1 PINE STREET,9tf FLC�C� DENNISC.GRAVES
a € JANET L.HOLMES
MARTINEZ CALIFO+�RNIX9A5531229 KEVINTKERR
GREGORY C.HARVEY BERNARD L.KNAPP
ASSISTANT COUNTY COUNSEL EDWARD V.LANE,JR.
BEATRICE LIU
`�.,,, r MARY ANN MASON
GAYLE MUGGLIPAUL R.MUNIZ
OFFICE MANAGER NOTICE OF INSUFFICIENCY VALERIESTEVEN P.R RTTIG
RETTIG
ANCHE
DAVID F.SCHMIDT
ATTT>/OD DIANA J.SILVER
PHONE(925) 6-10800 l�VI1lJl R JACQUELINE Y.WOODS
FAX(925)646-1078
NON-ACCEPTANCE OF CLAIM
TO' Robert J. Nelson
Lieff, Cabraser, Heimann& Bernstein
275 Battery Street, 301'Floor
San Francisco, CA 94111
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.
[XX] 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.
[XX] 7. Other: Please provide the date which gave rise to your claim.
Page 1
'� '�.,�
,...
�;��, , .
.. .
i. � .:�: . .. :. .. .
L
Lt
1
VICTOR J. WESTMAN
COUNTY COUNSEL
By:
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: January!,2001,at Martinez,California.
cc: Clerk of the Board of Supervisors(original)
Risk Management
(NOTICE OF INSUFFICIENCY OF CLAIM:GOVT.CODE§§910,910.2,920.4,910.8)
•
Page 2
LIEFF, CABIZASER, HEIMANN & BERNSTEIN, LLP
ATTORNEYS AT LAW
EMBARCADERO CENTER WEST
275 BATTERY STREET, 30TH FLOOR
SAN FRANCISCO, CALIFORNIA 94111-3339
TELEPHONE: (415) 956-1000
FACSIMILE: (415) 956-1008
ROBERT J. NELSON mailClchb.com
PARTNER WWW.lchb.com
December 21, 2000
VIA FEDERAL EXPRESS
Vickie Dawes
Deputy County Counsel
County of Contra Costa
651 Pine Street, 9th Floor
Martinez, CA 94553
Re: California Tobacco Litigation
Dear Ms. Dawes:
1
Enclosed for your information is a claim we have filed with the County:of Contra
Costa. .We have filed similar claims with our other City and County clients. We are filing.these
claims at this time because it may be necessary for us to do so in order to fully preserve our
rights, in light of the one-year limitations period contained in_Government Code section 911.2.
We remain hopeful that we can resolve the issue without the necessity of litigation, and suggest
that we enter into some form of non-binding mediation for this purpose.
Very truly yours,
Robert J.Nelson
RJN:wp
Enclosure
330sft.fim
DEC 2 2 2000
COUNTY COUNSEL
MANTiNE7 OALIF.
780 THIRD AVENUE, 48TH FLOOR 214 UNION WHARF 3319 WEST END AVENUE, SUITE 600
NEW YORK, NEW YORK 10017-2024 BOSTON, MASSACHUSETTS 02109-1216 NASHVILLE, TENNESSEE 37203-1074
TELEPHONE: (212) 355-9500 TELEPHONE: (617) 720-5000 TELEPHONE: (615) 313-9000
FACSIMILE: (212) 355-9592 FACSIMILE: (617) 720-5015 FACSIMILE: (615) 313-9965
` LIEFF, GABBASER,.HEIMANN & BExNSTEIN, LLP
ATTORNEYS AT LAW
EMBARCADERO CENTER WEST
275 BATTERY STREET, 30THFLOOR
SAN FRANCISCO, CALIFORNIA 94111-3339
TELEPHONE: (415) 956-1000
FACSIMILE: (415) 9.56-1008
ROBERT J. NELSON mailOIChb.COm
PARTNER WWW.IChb:COf)1
December 21, 2000
VIA FEDERAL EXPRESS
Kenneth J. Corcoran
Auditor-Controller
Contra Costa County
625 Court Street, Room 103
Martinez, CA 94553
Stephen L.Weir
County Clerk-Recorder
Contra Costa County
822 Main Street
Martinez, CA 94553
Re: Claim Against Contra Costa County
Dear Mr. Corcoran and Mr. Weir:
This is a claim for money or damages presented in accordance with the provisions
of California Government Code § 900, et se .'-' California Government Code § 910 sets forth
the required contents of a claim. Each of these requirements, and the corresponding information,
is set forth separately below.
a. The name and post office address of the claimant.
The name of the claimant is Lieff, Cabraser, Heimann&Bernstein, LLP
("LCHB"),post office address 275 Battery Street, 30'h Floor, San Francisco, California, 94111.
'--'We are aware that Contra Costa County may make claim forms available. However, as
we are simultaneously presenting claims to our other City and County clients,we are presenting
them by letter, in the interest of uniformity. See Cal. Govt. Code § 910.4 (the governing board
"may provide forms specifying the information to be contained in claims against the public
entity,"but"the person presenting a claim need not use such form if he presents his claim in
conformity with Sections 910 and 910.2"); Blair v. Superior Court, 267 Cal. Rptr. 13, 16 (1990)
(local public entity cannot require more information than required by statute).
760 THIRD AVENUE,48TH FLOOR 214 UNION WHARF 3319 WEST END AVENUE, SUITE 600
NEW YORK, NEW YORK 10017-2024 BOSTON, MASSACHUSETTS 02109-1216 NASHVILLE,TENNESSEE 37203-1074
TELEPHONE:(212) 355-9500 TELEPHONE: (617) 720-5000 TELEPHONE: (615) 313-9000
FACSIMILE: (212) 355-9592 FACSIMILE: (617) 720-5015 FACSIMILE: (615) 313-9965
Kenneth J. Corcoran
Stephen L.Weir
December 21, 2000
Page 2
b. The post office address to which the person presenting the claim
desires notices to be sent.
Notices concerning this claim should be sent to:
Richard M. Heimann
Lieff, Cabraser;Heimann&Bernstein, LLP
275 Battery Street, 30'h Floor
San Francisco, California, 94111
C. The date, place and other circumstances of the occurrence or
transaction which gave rise to the claim asserted.
On or about July 22, 1996, Contra Costa County entered into an Engagement and
Contingency Agreement with LCHB. '''Pursuant to that agreement, LCHB agreed to represent
Contra Costa County in litigation against the major tobacco companies, and Contra Costa County
agreed to pay LCHB a specified contingent attorney fee of the amounts recovered by Contra
Costa County.
On or about August 10, 1996, Contra.Costa County entered into a Second
Engagement and Contingency Agreement with LCHB. Pursuant to that agreement, LCHB
agreed to represent Contra Costa County in additional litigation against the major tobacco
companies, and Contra Costa County agreed to pay LCHB a specified contingent attorney fee of
amounts recovered by Contra Costa County.
LCHB has fully performed its obligations under the terms of the contracts,
prosecuting the lawsuits against the tobacco companies to a successful conclusion on behalf of
Contra Costa County and its other City and County clients. As part of a multi-state settlement
(the"MSA"), Contra Costa County and the other California City and County plaintiffs
represented by LCHB dismissed their actions against the tobacco companies in consideration of
the settlement and the related Memorandum of Understanding(the"MOU")which provided
Contra Costa County and the other City and County clients a specific portion of the payments
due California under the MSA.
Under the terms of the contracts between Contra Costa County and LCHB, LCHB
is entitled to payment of the contingent attorney fees with credit to Contra Costa County for a
proportional share of any amounts actually received by LCHB pursuant to an arbitration award of
attorneys fees in favor of LCHB against the tobacco companies.
Kenneth J. Corcoran
y, . ., Stephen L.Weir
December 21, 2000
Page 3
d. A general description-Of_the indebtedness,obligation,injury, damage
or loss.incurred so far as it may be known at the time of presentation
of the claim.
See Part(c), supra.
e. The name or names of the uublic employee or employees causing the
injury, damage, or loss,if known.
The Engagement and Contingency Agreement and the Second Engagement and
Contingency Agreement were executed on behalf of Contra Costa County by Victor J. Westman,
County Counsel. LCHB does not know which public employee or employees of Contra Costa
County may be responsible for making the payments due to LCHB under the terms of these
agreements.
L If the amount claimed exceeds ten thousand dollars ($10,000), no
dollar amount"shall be included in the claim. However, it shall
indicate whether the claim would be a limited civil case.
The amount claimed exceeds ten thousand dollars($10,000). If litigation were
instituted on the claim, it would not be a limited civil case.
Very truly yours,
LIEFF, CABRASER, HEIMANN
&BERNSTEIN, LLP
By:
Robert J.Nelson
Partner
cc: (VIA FEDERAL EXPRESS)
Ms.Vickie Dawes
Deputy County Counsel
Contra Costa County
651 Pine Street, 9th Floor
Martinez,'CA 94553
corcoransft
r
Yr
.: ,c, • - PROOF OF SERVICE
I am employed in the County of San Francisco, State of California. I am over the
age of eighteen(18)years. My business address is 275 Battery Street, San Francisco, California
94111-3339.
I am readily familiar with Lieff, Cabraser,Heimann&Bernstein, LLP's practice
for collection and processing of docum:1 ents.for service.via Federal Express, and that practice is
that the documents are delivered in-hand to an authorized Federal Express carrier the same day as
the date listed on this Proof of Service.
On December 21, 2000, I served the within document(s) described as:
1. CLAIM AGAINST CONTRA COSTA COUNTY
on the persons listed below by FederalExpress delivery addressed as follows:
Kenneth J. Corcoran
Auditor-Controller
Contra Costa County
625 Court Street,Room 103
Martinez, CA 94553
Stephen L.Weir
County Clerk-Recorder
Contra Costa County
822 Main Street
Martinez, CA 94553
I declare under penalty of perjury that the foregoing is a and correct. Executed
at San Francisco, California on December 21, 2000. r
KURT HUNTER
1
J