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Home My WebLink AboutMINUTES - 04032001 - C.18 rj RECEIVED C i� MAR 1 6 2001 CLAIM F SUPERVISORS OF CONTPLA COSTA COUNTY, PERVI—So RS co. BOARD ACT101>I April 3, 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 i The copy of this document mailed to you is your California Government Codes. ► notice of the action taken on your claim by the Board of Supervisors. (Paragraph IV below), given pursuant to Government Code Section 913 and 915.4. Please note all "Warnings". AMOUNT: Unspecified _ CLAIMANT: GARY MOSBARGER hARTlliV ZOALIPL ATTORNEY: DATE RECEIVED: March 13, 2001 ADDRESS: Martinez Detention Facility BY DELIVERY TO CLERK ON: March 13, 2001 901 Court Street from County Counsel Martinez, CA 94553 BY MAIL POSTMARKED: Mo,,,-rh a gnrn I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. JO hSWE 1 V, Jerk Dated: March 14, 2001 By: Deputy_(—L IL FROM County Counsel TO: Clerk of the Board of Supervisors ( ) This claim complies substantially with Sections 910 and 910.2. ( his 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: 3-/Z—,2/ By:vl- E7"G om_ Deputy County Counsel III. FROM Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). I�. BOARD ORDER: By unanimous vote of the Supervisors present: HCl This Claim is rejected in full. j. ( / Other: I certify that this is a true and correct copy of the Board's Order entered in itsmm tes for this date. Dated: � (3001 JOHN SWEETEN 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 a cl mant as shown above. Dated: By: JOHN SWEETEN, CLERK Bylfl� eputy Clerk I I { ..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. CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALTFORNLA BOARD AC1109 April 24, 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. I notice of the action taken on your claim by the Board of Supervisors. (Paragraph IV below), given II ---- _.`:,• pursuant to Government Code Section 913 and t lI� R115*'L "Warnings". AMOUNT: $20,000 XIK�e CLAIMANT: Gary Mosbarger civ >>IJF. couNITv couNseL MARTINEZ CALIF. ATTORNEY: None DATE RECEIVED: March 22, 2001 ADDRESS: Mdf D—A15 BY DELIVERY TO CLERK ON: 901 Court St Martinez, CA 94553 BY MAIL POSTMARKED: March 21, 2001 I. FROM Clerk of the Board.of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. JOHN SWEETEN, lerk Dated: Mar,•h 2.9r 9.0111 By: Deputy _ 1k. 11. FROM; County Counsel TO: Clerk of the Board of Supervisors ( —)/This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 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: 2) 3G O ) By: tL C67i 1 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: (xf 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: JOHN SWEETEN 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 MAII ING I declare under penalty of perjury that 1 am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to Pecl imant as shown above. Dated: By: JOBB SWE:TEN, CLERK gy, Deputy Clerk f I. 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. AMENDED CLAIM CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNLA BOARD AC11OU May 1, 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 I 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: Unknown CLAIMANT: Gary Mosarb0 7th?.'Y Cp'1'?!Fi_L ger Afi�n�Ii'vvr-Cti;.l r. ATTORNEY: None DATE RECEIVED: April 2, 2001 ADDRESS: MDF DA15 BY DELIVERY TO CLERK ON: April 2, 2001 901 Court St Martinez, CA 94553 BY MAIL POSTMARKED: March 30, 2001 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. JO N Clerk Dated: April 2, 2001 By: Deputy II. FROM: County Counsel TO: Clerk of the Bo rd of Supervisors ( ) This claim complies substantially with Sections 910 and 910.2. ( _rThis claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: 4-3 --L'1 By: I� Y Deputy County Counsel III. FROINI 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 MiFytes for this te. Dated: JOHN SWEETEN Clerk, Byeputy 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 Marti ez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant ddressed to cla ant as shown above. Dated _ By: JOS SST , Q� By eputy Clerk l' 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.q AMENDED CLABI BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNLA BOARD ACnOU May 1, 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 10 Board of Supervisors. (Paragraph IV below), given 15 pursuant to Government Code Section 913 and 915.4. Please note all "Warnings". AMOUNT: Unknown CCu , .,CXUNISEL r'AR,T;;2Z CALIF. CLAIMANT: Gary Mosbarger ATTORNEY: None DATE RECEIVED: April 13,. 2001 . ADDRESS: 901 Cburt St. BY DELIVERY TO CLERK ON: April 13, 2001 Martinez, CA 94553 BY MAIL POSTMARKED: April,11, 2001 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. J 5��)EN, Cl Dated: April 16, 2001 By: Deputy 11. FROM County Counsel TO: Clerk of the Board of Supervisors ( r"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: y— /L, 0/ By: C�� 2•< 6rGa2[�_ Deputy County Counsel ID. FROA-L Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). BOARD ORDER: By unanimous vote of the Supervisor?present: This Claim is rejected in full. ( Other: I certify lhat this is a true and correct copy of the Board's Order t in its(,piin#s for this date. Dated: V I ��D� JOHN SWEETEiV Clerk, By WOL-Z` 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 N11AELING 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 cop/y'of this Board Order and Notice to Claiman addressed to the c aimant as shown above. Dated: W ��U�tr By; JOHN SWEETEN, CLERK Byejj;i�J��Deputy Clerk d 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. r nn nn Co Z. can ! t q /yT Ob tv f tiff tow 1 d t� W N �y, i 0 ' O c O LO �•. 5 CC s +�+ 4h G? CcoV m c co co +,• n 00 CL C _ f�oc Y)l K]. -IT $ Ell ' 42 O vacs �I c ac, rsi m ayH c� o CDC . atlp�Q V 'U w ca CJ Ci.. C QpQ (, O � n ill 2003 a CO) N O C06 0LO LO V ca C 0 V C N tU V d _C iD C r t" o a to Cc mUCOg RECEIVED L. +9/ CLAIM MAR 1 6 2001 ��ARD OF SUPERVISORS F CONTRA COSTA O c0.PERVISORS BOARD ACTION April 3, 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 N gCr,=Fa WZM pursuant to Government Code Section 913 and 915.4. Please note all "Warnings". AMOUNT: Unspecified MAR 9 rt 6iU I COUNTY COUNSEL CLAIMANT: GARY MOSBARGER MARTINEZ CALIF. ATTORNEY: DATE RECEIVED: March 13, 2001 ADDRESS: Martinez Detention Facility BY DELIVERY TO CLERK ON: March 13, 2001 901 Court Street from County Counsel Martinez, CA 94553 BY MAIL POSTMARKED: I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. JOfSWELnd, Jerk Daied: March 14, 2001 By: Deputy /�J( II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) This claim complies substantially with Sections 910 and 910.2. ( his 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: 3•-l-E-01 By: Deputy County Counsel III. FROM Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). BOARD ORDER: By unanimous vote of the Supervisors present: This Claim is rejected in full. ( Other: I certify that this is a true and correct copy of the Board's Order entered in itsmin tes for this date. Dated: 1A1 3001 JOIN SWEETEii . 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 MAII.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 a cl mant as shown above. Dated: �0I By: JOIN SWF-"TEN, CLERK By (�I)eputy Clerk 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 Iimitations 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 SILVANO 9.MARCHESI DEPUTIES: COUNTY COUNSELS� L PHILLIPS.ALTHOFF JANICE L.AMENTA 7 Ute, NORA G.BARLOW SHARON L.ANDERSON " B.REBECCA BYRNES ASSISTANT COUNTY COUNSEL ANDREAW.CASSIDY CONTRA COSTA-G-O.U,NTY MONIKA L.COOPER -=t, _ \, `5 VICKIE L.DAWES GREGORY C.HARVEY OFFICE-OF-THE-COON,TYCOUNSEL MARKE S.ESTIS ASSISTANT COUNTY COUNSEL ( I_ '_:'-_-'' - I, I LILLIAN T.FUJII In COwN7-Y�A�DM�NISTRAT hON:BUILr DIN_G�S JANET L.HOLMES DENNIS C.GRAVES 651�5PINEWREET;9th FLOQ { KEVIN T.KERR ��•y h._.�., •rte ,ILS-Yn/ - .. BERNARD L.KNAPP SENIOR FINANCIAL COUNSEL MARTINEZ;'.CALIK..RNIA 94553.1229 EDWARD V.LANE.JR. � .... h`4 BEATRICE LIU GAYLE M UGGLI MARY ANN MASON OFFICE MANAGER �O,,Qy�,nniK C PAUL R.VALERIE JRAINCHE PHONE (925) 335-1800 NOTICE OF`INSUFFICIENCY STEVEN DT HMI FAX (925) 646-1078 DANAJ.sLVERDT ANDIOR JACOUELINEY.WOODS NON-ACCEPTANCE OF CLAIM PAMELAJ.ZAID TO: Gary Mosbarger(2001004738) c/o Martinez Detention Facility 901 Court Street Martinez, CA 94553 RE: CLAIM OF: Gary Mosbarger Please Take Notice as Follows: The claim you presented against the Comity of Contra Costa.or District governed by the Board of Supervisors fails to comply substantially with the requirements of California Govern vent Code Section 910 and 910.2, or is otherwise insufficient for the reasons checked below: ] I. The claim fails to state the name and post office address of the clain.naut. [XX] 2. The claim fails to state the post office address to which the person presenting the claim desires notices to be sent. [ ] 3. The claim fails to state the date, place or other circumstances of the occurrence or transaction which gave rise to the claim asserted. ] 4. The claim fails to state the name(s) of the public elntployee(s) causing the injury, damage, or loss, if known. [XX] 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. Ifi the amount claimed exceeds ten thousand dollars ($10,000), the claim fails to state whether jurisdiction over the claim would rest in municipal or superior court. [XX] 6. The claim is not signed by the claituant or by some person on his or her behalf. [ ] 7. Other: Page 1 T i SI.LVANO B. MARCHESI COUNTY COUNSEL By: Deputy County Counsel CERTIFICATE OF SERVICE BY MAIL (C.C.P. §§ 1012, 1013a,2015.5;Evidence Code§§641,664) I declare that my business address is the County Counsel's Office of Contra Costa County,651 Pine Street,Martinez,California 94553;1 am a citizen of the United States,over 13 years of age,employed in Contra Costa County,and not a party to this action. 1 served a true copy of this Notice of Insufficiency and/or Non-acceptance of Claim by placing it in an envelope addressed as shown above,sealed and postage fully prepaid thereon,and thereafter was,deposited this day in the U.S.Mail at Martinez,California. I certify under penalty of perjury that the foregoing is true and correct. AV Dated: March 16,2001,at Martinez,California. cc: Clerk of the Board of Supervisors(original) Risk Management (NOTICE OF INSUFFICIENCY OF CL INI:GOVT.CODE§§910,910.2,920.4,910.8) Page 2 . • Q-�-�cam, CONTRA COSTA C t DETENTION FA I goo i ( ) INMATE REQUEST FOR INFORMATION CL �_')r.- (" }jMEDI .ACi4L`REQUE_8 To:.3LtPA::rr Rf)A E From: Mt) 'bn r Q�. r"j e I k S R� Bkg# c 473 � Date: _3 0 / Housing Assignment: Check One: ( ) Request ( ) Grievance ( ) Appeal ( ther Request: J m v 4 46 Gnr in aw o F rn%t `I n a-0f14 ..J'r. l?c 1$ k S/ crL 1 a T ell r\ -- S4.0 F n , If as3 . a nd Cnr%4-1 n u%.0.e 111'11nIh !/ C V_ 's � r� G+h kE a r% 3 --:5a / L �P Ili 11Cory �s ►� �Z ..p rs� mo. $ Yti t� 1 a 6 vti i n4 Q Y1 R.I r1�Jpo 'ipY1 p -A o r6n !e P911 A A d 1 b I1 P ,l in d ro lk a�o'l _ U A T,ltd r QCT . a _ req n4 n«n Jr-, 60_ o i I YN 1_1T- to n0 i,A^ r � of � Date Rec'd: / / Rec'd By: Il � es. Routed To: (��f3'}d`C1 V > o f IC�tY� � 1 I !� ffjc'._Q ANSWER: ( ) APPROVED ( ) DENIED-(state reason) /I 0,. i ro Ntl 1 rn Com` r�r>dn Yl i By: Q✓1� C,�cG � I rCjL� Date: Pink: Kept by Inmate Yellow: Reply to Inmate White:To Booking DET 024: FRM 1/2/91 Office of the County Counsel Contra Costa County 651 Pine Street, 9th Floor Phone: 335-1800 Martinez, CA 94553 Fax: 646-1078 n � zMAR ; E D --- �� Date: March 13, 2001 13 2001 CLERK BOA%iJ OF SUPERVISORS To: Anne Cervelli, Clerk of the Board CONTRA COSTA CO. From: Silva no B. Marchesi, County Counsel By: Gregory C. Harvey, Assistant County Co sel Subj: Claim of Mossbarger Please find attached a new claim by Gary Mossbarger. Please treat this as a government tort claim and handle it in the usual manner. cc: Warren Rupf, Sheriff Bernard Knapp, Deputy County Counsel HAM EMO-STCAMEMO-FRM.W PD CONFIDENTIAL ATTORNEY CLIENT COMMUNICATION 1 cl, ON CA -41 coz 4;W 00" C�Q coi CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Apri1 3 001 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 j Cy1EI1 Board of Supervisors. (Paragraph IV below), given �� pursuant to Government Code Section 913 and MAR 15 1001 915.4. Please note all "Warnings". AMOUNT: $15,000 COUNTY COUNSEL MARTINEZ CALIF. CLAIMANT: Sidney L. Britton ATTORNEY: DATE RECEIVED: March 14, 2001 ADDRESS: Martinez Detention Facility BY DELIVERY TO CLERK ON: March 14, 2001 901 Court Street Martinez, CA 94553 BY MAIL POSTMARKED: March 13, 2001 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. JOM � ET% e c Dated: March 15, 2001 By: Deputy H. II. FROM: County Counsel TO: Clerk of the Board of Supervisors (LI This claim complies substantially with Sections 910 and 910.2. i ( ) 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: 3- 1,;--G 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: SOD JOHN SWEET;L4 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 MAH24G 1 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 o the claimant as shown above. Dated:lip' 1-1'-,d-oo I By: JOHN SWEL"TEN, CLERK B ' Deputy Clerk 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. C44iri,.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 100th day after the accrual of the cause of action. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or after January 1, 1988, must be presented not later than six months after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Gov't Code 911.2.) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street,Martinez, CA 94553. C. If claim is against a district governed by 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 i?Er �� MAR 1 4 Against the County. of Contra Costa or ) ?001 ��;;�� ) CLERK 80,;;•- ' TS S 6cr�� ?U_�/C� _ 1OEi7R2 t13,eArDistrict) CONI;.. '.''sops (Fill in name) ) Co.� ofc• I34R6 o1C A .J3 y r�wd Ofc, 13147tA'�aa7) ..he undersigned CidirYldl1i hereby makes Uiaidl agai:.st ule Cuur:iy ufCuiald Cubia vi iac aiuVtPacaul- &a..A,'_ in the s m 9f$,6 oeo.,: and in support of this claim represents as follows: Thi '1111—'711 ��``'�� 1. When did the damage or injury occur? (Give exact date and hour). /o -a-y- oa Oa yy 2. Where did the damage or injurryy occur? (Include city and county) Co2.ive,J2 '07 C v!E Irv£, . n"J. 12^1/R0,hJ �gv�. .4 q b/,'c ps#?-k/AjS Gdr. 3. How did the damage or injury occur?(Give full details;use extra paper if required) _s')'1 _._v�h/c%_�J/r�Z. s� /� �,,��'t'�a s�Jl vvo LCa.�ce� 9�� _�� c,✓As — S-h Q0. 111,042 _W d � A) .,3 71a �.L 7-,, /S— P bl�� G��".__D_��i��iZ- __�/�_z�i2_ �bcb�_/►►_c�_cE,��_�-f�ca�_ _ o� ��fl�--- - o� Oc�N�'^S//1P %.�/ fAi P )pt2�� 2%7aiz7 q/scy)2.0007 AgTc io-a3-do ;r,-.,t /P'vo 4. Mfhat particular act or omission on the part of county or district officers, servants, or employees caused the injury or damage? 01v /0--L? 0ic�2_ ,8/�z�R6Ac/ Q?o27 /i�r�_•�7 ,'a- 7o��d r,J,eo� ` AMm£._ .f) . 3- — 5. What are the names of county or district officers, servants, or employees causing the damage or injury? Cc,�vt CaaSe9 Co-VAJ& , Atz;s 6 y Pa/ice- ,8 Ae b 44Ji,c� o f P.;Vr R. D, 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage.) Gos►T a ve-A /6 / ra V C ,U 7`'h es r77�t c✓AJ w ./ t G . , -/ 7. How was the amount claimed above computee�? (Include the estimated amount of any prospective injury or damage.) 1, V��t �/� C oS 1- sig �• UG U ��/ ?tea/ cos - moa (3) . C /o f .0-iLS Cos?-8109- •._00 i V z!�A6 veh.,"t f. C41i W o/Ll_ 06 u e- o,✓ &Arm v-0-A ll""I2 /.SG eo 8. Names and addresses of witnesses, doctors, and hospitals. Hi/2 A)4A)d 8 z 7a-z,,) %6 Sbss 4 d9-- _ 9. List exp ndl es you made on account of this accident or injury. DATE TME AMOUNT 7. i- 0V -d� y. vvd (2) 7- VC, -- �a-a ,� z. oUa Q) 7-1-00 --- SCJ-a3- o40 Z. SWO Old -/-oa Gov. Code Sec. 910.2 provides"The claim must be signed by the claimant or by some person on his behalf." SEND NOTICES TO: (Attorney Name and Address of Attorney ) Claimant's Signature) (Address) Telephone No. )Telephone No. /U 9-- «*«**•:s***•***«s****:««**s«**s:*«*:*«**s****:*.:•s*:**.•ss::s s:**:**:***ss****«*******#* NOTICE Section 72 of the Penal Code provides: Every person who,with intent to defraud,presents for allowance or the payment to any state board or officer,or to any county,city,or district board or officer,authorized to allow or pay the same if genuine,any false or fraudulent claim,bill,account, voucher,or writing,is punishable either by imprisonment in the county jail for a period of not more than one year,by a fine of not exceeding one thousand(S 1,000),or by both such imprisonment and fine,or by imprisonment in the state prison,by a fine of not exceeding ten thousand dollars($10,000),or by both such imprisonment and fine. f 1 f� I r Ch tv cl i " O ,Q �'t ! Cir n, { LMS ; ky c iii w o 0 c m 0- CA N � b cin � m m o 3 1 OD 4 l •n i t t,. 4c� 4-- R 4 d +.Q C;L �.. ----- o, �� r•. e � g CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CA IFORN A BOARD ACTION:April 3 , 2001 Claim Against the County, or District Governed by 1 the Board of Supervisors, Routing Endorsements, I 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. I notice of the action taken on your claim by the Board of Supervisors. (Paragraph IV below), given pursuant to Government Code Section 913 and RS(y1Ha77Z yam, 915.4. Please note all "Warnings". AMOUNT: $351.81 MAR c ? 2001 CLAIMANT:ALLAN LAUX COUNTY COUNSEL MARTINEZ CALIF. ATTORNEY: DATE RECEIVED: March 20, 2001 ADDRESS: 21 Mt. Teton Court BY DELIVERY TO CLERK ON: March 20, 2001 Clayton, CA 94517 BY MAIL POSTMARKED: March 1 9, 9001 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. JOM �I,EET y, C er Dated: March 20, 2001 By: Deputy I J 11. FROM: County Counsel TO: Clerk of the Board of 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: 3—al- 0\ By:"/t G 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 minut s for this date. Dated: 02001, JOHN SWEETEN Clerk, By eputy Clerk WARNING(Gov. code section 913) Subject to certain exceptions, you have only six(6)months from the date this notide was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For Additional Warning See Reverse Side of This Notice. AFFIDAVIT OF MA.II.ING 1 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: JC)DI By: JOHN SWEETEN, CLERK By eputy Clerk n 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. , r Claim to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or before December 31, 1987, must be presented not later than the 100"' day after the accrual of the cause of action. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or after January 1, 1988, must be presented not later than six months after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Govt. Code§911.2. ) - B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building,651 Pine Street,Martinez, CA 94553. C. 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. L. Fraud. See penalty for h audulelil Ciuitli�, Fella,10AC.c7t:C. 71 at tIe C;it v�tla 'EG. RE: Claim by. ) Reserved for Clerk's Filing Stamp ) > RECEIVED Against the County of Contra Costa MAR 2 0 Z00 or CLERK BOARD OF Bz:TERVISORS District CONTRACCSIACO. ) (Fill in Name) The undersigned claimant hereby makes claim against the County of Contra Costa or the above named District in the sum of$ 351. S 1 and in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact Date and Hour) --------N- _Iff)_2-000------------rl--2D-- --- £Ue- htrt- ------------.----- 2. Where did the damage or injury occur? (Include Cit%and County) IrYI �I R FI C2EE�-FZ k-D--- G a 1s_T__�_ L�S:TOk� --------------- ----- ----- ----- - 3. How did the damage or in occur? (Give full details;use extra paper if required) W i�E0 E t212aLL_) Pik O F PZ)"wA g 01,3 i�1 Qv 1✓ rt,6 L O a= c Fl est �T o ��.rev ot &CitE��Cu)>Q�- _� r l�---,1�0J&PL9 --n PP- 6 tTE LAi� � � 'o os4. Whatparticular act or omission on the part of county or district officer , enp o.ee. used the injury or damage?. QD-F (Over) y -aug pur)uawuosudwi q.ns q;oq iq ao '(000'01S) sirllop pursnogl u;))louipaana lou jo aug r Sq 'uosud a)r.)s aq)ui )uawuosudwi :Cq ao'auU par )uawuosudwi Bans q)oq nq lo '(00061S) sarllop pursnoq) auo%ulpaaaxa lou;o aug r iq 'ivan auo urq) aaow lou jo pouad r foj lirf:C)uno.aq) ui )uawuosudwi nq aaq)ia alqrqsiund sl'2tui)u.vjo'iaganon'lunoaae 'lllq 'wncla )ualnpnr i;ao aslr.,l iur 'auinua;;i avers aq):Crd ao mollr o)pazuog)nr 'aaag;o ao p iroq)au)slp.to :i)!a`•+luno. :iur o)ao'aa.yjo ao p.iroq a)r)s nur o))uawdrd ios ao a.urmop ao;s)uasa.ld'pnra;ap o))ualui q)i,t'oge+uosaad 9aang„ :sappoad apo.3 lruad aq)3o ZL uoi).aS � DI10N G - - - ou auogdaias -ou auogdalaZ (ssaappv) (aan)r9s s;)ur.wirlD) Sawou,3o ssaappV pur awr.H 3frgaq siq uo uosaad awos:.q ao (nauao))d) :OZ S3DI.LON Qh3S )urtu 1.aq)Sq pau;is aq)snw wirl.aq L,, :sappi.oid.Z-016-.;)S apoJ •noO x\0!- - 8 /-QQ 1- z Q$- A .�-Alt QooZ ` I 'I\Q N ,Lv,10W Nall U LVG :.Canfui ao)uapiaar siq);o luno.jp. uo aprw non saan)ipuadxa aq))silI •6 ------------------------------------------------------------------------------------- •slr.)i(Isoq pur.'s.io).op'sassau)ini3o sassaappr. pur. sawru g ------------------------------------------------------------------------------------ ' IS1 n mol 1-1?►NCS (•32ewt:p.to kinfm owpadsoad gue in iunowr patetu!)sa aqi apnpul) ;pa)ndwo.)unowr pawirl3 anogr aq)sni.11o]g 'L --------------------------------------------------------------------------- C�,(3--=l _1—,H cj-FnV 7 -3,6_L.. ( a�ctusp Dine .to3 sa)ewgsa OA-4 g3914V •pauncJa SO'Utuep so saunftnjo;ua)xa unl anif)) Zpa)lnsw wirp nog op sai.fnfui ao sanrwrp )rqM -9 -------------------------------------------------------------------1-=`;------------ Zkjnfui.io alirwrp aq)2uisnr.saa,ioldwa ao's)ureaas'saa:)Wo).0}sip.io e)uno.;o sawru aq)aar)rqM c, L11rN 1A LITHIA FORD OF CONCORD 2285 Diamond Blvd. P.O. BOX 27968 _ CONCORD, CALIFORNIA 94527-0968 _ Parts (925) 686-5006 Parts Dept Fax # (925) 798-6475 Business Office (925) 686-5000 ALL CLAIMS AND PARTS RETURNS MUST BE ACCOMPANIED BY THIS INVOICE. NO REFUNDS AFTER 10 DAYS. A 20% HANDLING CHARGE WILL BE MADE ON ALL PARTS ACCEPTED FOR RETURN. ALL SALES ON ELECTRICAL, HYDRAULIC OR SPECIAL ORDERED PARTS ARE FINAL AND ARE NON-RETURNABLE. PLEASE SEE REVERSE SIDE FOR IMPORTANT CONSUMER AND WARRANTY INFORMATION. DATE ENTERED IYOURORDERNO. DATE SHIPPED INVOICE DATE JINVOICE 6 NOV 00 6 NOV 00 16 NOV 00 NUMBER 97408 **PREPAID** 0 ACCOUNT NO. 10000 H PAGE 1 OF 1 L I D P ALLAN LAUX RETAIL SALES 0 67.2-9443 0 SHIP VIA SLSM. BIL NO. TERMSF.O.B.POINT 40 CASH & TAX 10100 CONCORD CA Oaa. 5„0� aa, PART NO. DESCRIPTION LIST NET AMOUNT 1 1 1 8DZ*1007*AB WHL ASY- C 334.05 325. 00 325.00 *** ABOVE PART IS PREPAID *** SPECIAL ORDEREO�PART OR NON S. -•CKING ,.;....a� .� ISA#40190121925:8`6275 EXP.0 9-0 2'. -' k ' FREIGHT IN .,•- :-60 ' he following paMape :beer, ulk Cge I qq 1 8DZ*1 0_07-*AB.._. � ACC - • �ONP Basth¢ss! ISIT US AT WWW.LITHIA.COM rHANK YOU FOR YOUR BUSINESS PARTS 325:00 HAVE A GREAT.DAY SUBLET FREIGHT 0.00 SALES TAX 26.81 CUSTOMER'S SIGNATURE DATE X :`::..TOTAL.: $351 .81 CUSTOMER COPY LA • I: T VIP.wq� `• _ D T ctw.CODE R O D 66 M . � HM �t 70 un areiv MWA m Tri NVPC j �SBe DOD1NIGH ORON TTF* i- � �M RT NUMBER S�Q Nov— PA _. 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APPLICATION TO FILE LATE CLAIM HOARD OF SUPERVISORS OF CONTRA COSTA COUNTY. CALIFORNIA " BOARD ACTION Application to File Late Claim ) NOTICE TO APPLICANT APRIL 3, 2001 Against the County, Routing ) The copy of this document mailed to you is your Endorsements, and Board Action.) notice of the action taken on your application by (All Section References are to the Board of Supervisors (Paragraph III, below), California Government Code.) ) given pursuant to Government Code Sections 911.8 and 915.4. Please note the *WARNING" below. Claimant: CLINTON OTKEEFE KILLIAN jam' Attorney: 6''AN 1 4 2001 Scott J: Allen Cox & Moyer COUNTY COUNSEL Address: 730 Market Street, Suite 1800 San Francisco, CA 94103 Amounts $25,000,000.00 By delivery to Clerk on March 13, 2001 Date Received: March 13, 2001 By mail, postmarked on I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above noted Application t File Claim. DATED:—March 14, 2001 JOHN SWEETEN . Clerk, By ° Deputy II. FROM: County Counsel TO: Clerk of the Hoard of Supervisors ( ,/) T'he Board should grant this Application to File Late Claim (Section 911.6). (,--Y'The Board should deny this Application to File Late Claim (Sect on l911.6). DATED:_3"1 / VICTOR WESIMAN, County Counsel, By L4-12 Deputy II. BOARD ORDER By unanimous vote of Supervisors present (Check one only) ( ) This Application is granted (Section 911.6). ( This Application to File Late Claim is denied (Section 911.6). / \ I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. DATE: X00/ J01'dV SWEETEN , Clerk, By &21!2��a�6L::LDeputy WARNING (Gov. Code 5911.8) If you wish to file a oourt action on this matters you must first petition the appropriate oourt for an order relieving you from the provisions of Government Code Section 945.4 (claims presentation requirement). See Government Code Section 946.6. Such petition must be filed with the oourt within six (6) months from the date your application for leave to present a late claim was denied. You may seek the advise of any attorney of your choice in connection with this matter. If you want to consult an attorne u should do so immediately. V. FROM: Clerk o the TO: 1 Coun y Counsel County A nis rotor Attached are oopies of the above Application. Be notified the applicant of the Board's action on this Application by mailing a oopy of this document, and a memo thereof has ben filed and endorsed on the Board's copy of this Claim in accordance with Section 29703.//'�� DATEDa 0( JOHN SWEETE14 �c� Deputy Clerk, By V. FROM: 1 County Counsel 2 County Administrator TO: Clerk of the Board of Supervisors Received copies of this Application and Board Order. DAT®: County Counsel, By County Administrator, By APPLICATION TO FILE LATE CLAIM I COX &MOYER RECk....9 `David W. Moyer(State Bar#83849) 2 Scott J. Allen (State Bar#178925) MAR 13. ?001 703 Market Street, Suite 1800 : M� 3 San Francisco, CA 94103 CLERK BOARD OF TJ!PFRV!S9RS Tel: (415) 543-9464 CONTRA COSTA GO. 4 Fax: (415) 777-1828 5 Attorneys for Plaintiff 6 7 8 BEFORE THE 9 CONTRA COSTA COUNTY BOARD OF SUPERVISORS 10 CLINTON O'KEEFE KILLIAN ) 11 Claimant, ) REQUEST FOR LEAVE TO FILE LATE CLAIM 12 v. ) 13 COUNTY OF CONTRA COSTA; ) 14 Defendants. ) ) 15 16 17 Pursuant to Government Code §§ 911.4 and 911.6, Claimant, Clinton Killian (hereinafter 18 "Claimant"),hereby respectfully requests leave to file a late claim. A copy of the proposed claim 19 is attached hereto as Exhibit A. This request is made on the grounds that Claimant did not file a 20 timely claim was due to mistake, inadvertence, or excusable neglect, and this County has not 21 been prejudiced in its defense of the claim. (Government Code § 911.6(b)(1).) Said mistake, 22 inadvertence, or excusable neglect is demonstrated by the following facts: 23 1. Between about 1998 and December of 2000, Claimant was a party to family court 24 litigation in the Superior Court of the State of California for the County of Alameda, case number 25 722021-6. 26 2. One of the central issues in that family court litigation was the question of whether 27 Claimant or his ex-wife would be awarded primary physical custody of their two young children. 28 The children had been primarily in Claimant's custody since the time of his divorce from his ex- COS&MOYER 703 Market St.,Ste 1800 Sqn Francisco,CA 9410. REQUEST FOR LEAVE TO FILE LATE CLAIM - 1 - I wife in about 1993. 2 3. On about December 22, 2000, the family court awarded Claimant the primary physical 3 custody over his two children. 4 4. On numerous occasions during the family court litigation, Contra Costa County Deputy 5 District Attorney, Thomas Romero, and/or other employees or agents of the County of Contra 6 Costa, acting for and on behalf of this County, filed papers with the court overseeing the family 7 court litigation. In those papers, Thomas Romero or other employees or agents of the County 8 falsely contended that Claimant owed over $18,000 in unpaid child support arrearages. 9 Furthermore, on numerous occasions during the pendency of that family court litigation, Romero 10 took Claimant's assets pursuant to bank levy and wage assignments. On about May 30, 2000, 11 Romero also filed felony criminal charges against the Claimant alleging that Claimant owed said 12 unpaid child support arrearages. 13 5. Claimant did not receive notice that the District Attorney's office had closed its criminal 14 and civil file against him until about February 26, 2001. 15 6. Claimant did not file a claim with this County earlier than this date out of fear that the 16 claim would jeopardize his chances of obtaining custody of his children during the family court 17 matter. 18 7. In addition, during the time that the Office of the District Attorney for Contra Costa 19 County kept Claimant's file open, Claimant feared that he would face retribution from Thomas 20 Romero or another employee or agent of the Contra Costa County District Attorney's office if he 21 filed a claim against this County. Among other things, Claimant feared that he would once again 22 be charged with criminal offenses if he filed a claim against the County during the time that the 23 District Attorney kept its file regarding Claimant open. Claimant also feared that, if he filed a 24 claim against the County before the District Attorney closed its file regarding Claimant, Romero 25 or another employee or agent of the Contra Costa County District Attorney's office would once 26 again take his assets pursuant to bank levy or wage assignment. 27 WHEREFORE, based on the foregoing, Claimant respectfully requests that this Board 28 grant him leave to file a late claim in accordance with Government Code §§ 911.4 and 911.6. COX&MOYER 703 Market St.,Ste 1800 San Francisco,CA 9410 REQUEST FOR LEAVE TO FILE LATE CLAIM - 2 - I This request does not constitute an admission on the part of Claimant that any part or all 2 of his claims are untimely. 3 DATED: March 13, 2001 Respectfully submitted, 4 COX& MOYER 5 6 7 17A 8 BY: 9 SCOTT VCLEN 10 Attorneys for Claimant 11 CLINTON O'KEEFE KILLIAN 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COX&MOYER 703 Market St.,Ste 1800 San Francisco,CA 94103REQUEST FOR LEAVE TO FILE LATE CLAIM - 3 - I COX&MOYER David W. Moyer(State Bar 983849) 2 Scott J. Allen(State Bar#178925) 703 Market Street, Suite 1800 3 San Francisco, CA 94103 Tel: (415) 543-9464 4 Fax: (415) 777-1828 5 Attorneys for Claimant 6 7 8 BEFORE THE 9 BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY 10 11 RE: CLAIM BY ) 12 CLINTON KILLIAN ) PROPOSED CLAIM TO BE FILED PURSUANT TO 13 Claimant, ) . GOVERNMENT CODE SECTIONS 911.4, 911.6 AND/OR 14 v. ) 912*.2 15 COUNTY OF CONTRA COSTA ) 16 Respondent. ) 17 18 This claim conforms to the preprinted claim form provided by Contra Costa County. 19 20 The undersigned claimant hereby makes claim against the County of Contra Costa or the above- 21 named district in the sum of$25 million and in support of this claim represents as follows: 22 1. When did the damage or injury occur? (Give exact date and hour) 23 On various occasions, which were discovered by Claimant on and after about 24 March 13, 2000. 25 2. Where did the damage or injury occur? (Include city and county) 26 Oakland, Alameda County. 27 3. How did the damage or injury occur? (Give full details) 28 On various occasions the officers and/or employees named below and/or other COX&MOYER 703 Market St.,Ste 1800 San Francisco,CA 9410 CLAIM OF CLINTON KILLIAN - 1 - I agents of the County of Contra Costa wrongfully and falsely declared Claimant to be a"deadbeat 2 dad" who failed to make child support payments and abused their powers and the legal process by 3 taking unlawful and/or unjustified actions, including, without limitation, converting, seizing and/or 4 garnishing the assets (including the bank accounts and wages) of Claimant, revoking Claimant's 5 license to operate a motor vehicle, and/or revoking Claimant's license to practice law in 6 California. Said statements and actions were made and taken without first making reasonable 7 investigation and/or with knowledge of or reckless indifference to the fact that said statements 8 and actions were unlawful, unjustified and/or in contravention of court order. Said statements 9 and actions were made and taken notwithstanding prior court orders issued by the Superior Court 10 of California for the County of Alameda finding that said statements were untrue and prohibiting 11 the taking of said actions; and further notwithstanding the fact that the officers, employees or 12 other agents who made the statements and took the actions knew or should have known that the 13 statements and actions contravened court order. Said officers and/or employees and/or other 14 agents made false, defamatory and/or libelous statements regarding Claimant, including but not 15 limited to declaring Claimant to be a"deadbeat dad" who failed to make child support payments 16 and publishing said statements to other persons including Claimant's employer, the California 17 Department of Motor Vehicles, the California State Bar, and employees/officers/directors of A/C 18 Transit. Such statements were made with knowledge that they were false and/or reckless 19 indifference to the truth of the statements and/or without first making reasonable investigation of 20 the facts regarding the statements. Said wrongful actions also included filing or causing to be 21 filed a criminal complaint against Claimant alleging that Claimant owed in excess of$18,000 in 22 unpaid child support arrearages. Said employees and/or agents also caused criminal and civil 23 proceedings to be prosecuted against Claimant notwithstanding court orders prohibiting such 24 prosecution and/or stipulations entered into by said employees and/or agents to the effect that 25 they would not prosecute said proceedings. Said employees and/or agents also caused a bench 26 warrant to be issued for Claimant's arrest to be issued notwithstanding stipulations entered into by 27 said employees and/or agents that no such warrants would be sought. 28 4. What particular act or omission on the part of county or district officers, servants, or COX&MOYER 703 Market St.,Ste 1800 San Francisco,CA 94103 CLAIM OF CLINTON KILLIAN - 2 - I employees caused the injury or damage? 2 On various occasions the officers and/or employees named below and/or other 3 agents of the County of Contra Costa wrongfully and falsely declared Claimant to be a"deadbeat 4 dad" who failed to make child support payments and abused their powers and the legal process by 5 taking unlawful and/or unjustified actions, including, without limitation, converting, seizing and/or 6 garnishing the assets(including the bank accounts and wages) of Claimant, revoking Claimant's 7 license to operate a motor vehicle, and/or revoking Claimant's license to practice law in 8 California. Said statements and actions were made and taken without first making reasonable 9 investigation and/or with knowledge of or reckless indifference to the fact that said statements 10 and actions were unlawful, unjustified and/or in contravention of court order. Said statements 11 and actions were made and taken notwithstanding prior court orders issued by the Superior Court 12 of California for the County of Alameda finding that said statements were untrue and prohibiting 13 the taking of said actions; and further notwithstanding the fact that the officers, employees or 14 other agents who made the statements and took the actions knew or should have known that the 15 statements and actions contravened court order. Said officers and/or employees and/or other 16 agents made false, defamatory and/or libelous statements regarding Claimant, including but not 17 limited to declaring.Claimant to be a"deadbeat dad" who failed to make child support payments 18 and publishing said statements to other persons including Claimant's employer, the California 19 Department of Motor Vehicles, the California State Bar, and employees/officers/directors of A/C 20 Transit. Such statements were made with knowledge that they were false and/or reckless 21 indifference to the truth of the statements and/or without first making reasonable investigation of 22 the facts regarding the statements. Said wrongful actions also included filing or causing to be 23 filed a criminal complaint against Claimant alleging that Claimant owed in excess of$18,000 in 24. unpaid child support arrearages. Said employees and/or agents also caused criminal and civil 25 proceedings to be prosecuted against Claimant notwithstanding court orders prohibiting such 26 prosecution and/or stipulations entered into by said employees and/or agents to the effect that 27 they would not prosecute said proceedings. Said employees and/or agents also caused a bench 28 warrant to be issued for Claimant's arrest to be issued notwithstanding stipulations entered into by COX&MOYER 703 Markel Sl.,Sle 00 San Francisco,CA 941 160 CLAIM OF CLINTON KILLIAN - 3 - I said employees and/or agents that no such warrants would be sought. 2 5. What are the names of county or district officers, servants, or employees causing the 3 damage or injury? 4 Thomas Romero 5 6. - What damage or injuries do you claim resulted? (Give full extent of injuries or damages 6 claims. Attach two estimate for auto damage.) 7 Claimant has suffered both economic(special) and non-economic (general) 8 damages, including, without limitation, loss of moneys wrongfully taken, loss of moneys incurred 9 in paying attorneys, injury to reputation, loss of business opportunities, loss of economic 10 advantage, loss of right to operate motor vehicle, fear, aggravation, emotional distress, and the .11 loss of various other liberties. 12 7. How was the amount claimed above computed? (Include the estimated amount of any 13 prospective injury or damage.) 14 In accordance with Government Code §910(f), the amount of the claim need not 15 be stated if the amount exceeds $10,000. Here, the amount far exceeds $10,000. The claim 16 would not be a limited civil case. 17 8. Names and addresses of witnesses, doctors, and hospitals. 18 Thomas Romero 19 Gary Yancey, and other employees/agents of the Contra Costa.District 20 Attorney's office. 21 Tina Martin (Claimant's ex-wife whose address is known to Respondent) 22 Claimant 23 Robert McGuinness, 1939 Harrison Street, Suite 300, Oakland, CA 24 Leland Davis, San Francisco Public Defenders Office 25 9. List the expenditures you made on account of this accident or injury. 26 DATE TIME AMOUNT 27 Claimant has made various expenditures believed to be in excess of$10,000 (the 28 precise date and amounts of which are not currently available), for, inter alfa, attorneys fees, and COX&MOYER 703 Market St.,Ste 1800 Sari Francisco,cn 9410 CLAIM OF CLINTON KILLIAN - 4 - I moneys taken from Claimant's bank account. 2 NAME AND ADDRESS OF CLAIMANT: Clinton Killian 1939 Harrison Street, Suite 800 3 Oakland, CA 94612-3527 (510) 763-2324 4 5 SEND NOTICES TO: COX& MOYER David W. Moyer(State Bar 983849) 6 Scott J. Allen (State Bar#178925) 703 Market Street, Suite 1800 7 San Francisco, CA 94103 Tel: (415) 543-9464 8 Fax: (415) 777-1828 9 Attorneys for Claimant 10 11 DATED: March 13, 2001 COX& MOYER 12 13 BY: SCOTT J. ALLEN 14 Attorneys for Claimant 15 16 1.7 18 19 20 21 22 23 24 25 26 27 28 COX&MOYER 703 Market Sl.,Ste 1800 San Francisco,CA 9410 CLAIM OF CLINTON KILLIAN - 5 - CLAIM ' ` ,BOARD OF SLTPER�'ISORS OF COI\TRA COSTA COUNTY, CAL_TFORNLA BOARD ACTION April 3 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 i 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 RT,61HUV�Ell pursuant to Government Code Section 913 and 915.4. Please note all "Warnings". AMOUNT: $522.45 MAR 15 2001 COUNTY COUNSEL CLAIMANT: ROBERT R. STERLING MARTINEZ CALIF. ATTORNEY: DATE RECEIVED: March 14, 2001 ADDRESS: P.O. Box 7001, Unit 22 BY DELIVERY TO CLERK ON: Marr 14� �nQ — Atascadero, CA 93423 BY MAIL POSTMARKED: no nn�tmark I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. J S Eld, Clerk Dated: March 15, 2001 By: Deputy Nn H. FROM: County Counsel TO: Clerk of the Board of Supervisors (VrThis 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: 3-1 1 By: \_�/B (n4 '� 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 alinutes for this date. Dated: X61 JOHN SWEETEN Clerk, By 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 the claimant as shown above. Dated: idol By: JOHN SWEETEN, CLERK By Deputy Clerk / v 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. March 6, 2001 i Robert Sterling At. #050766-5,Unit #22 P.O. Box 7001 Atascadero, CA. 93423 Clerk of the Board of Supervisors 651 Pine St. Rm. 106 FMA 111ED Martinez, CA. 94553 4 ..001 Re: Claim for lost Property. CLERK BOA.r.,OE:Q�'EIVISORS CONT;?;1 COSTA CO. Dear Clerk, Please take note.- that in aTicordance with instruction (D) in the instructions to claimant, I have served a copy of this claim as well as filed claim with the County Sheriff . for return of the lost .property, now comes the following claim against the County. Sincerel R6bbrt R. Ster ng Claimant Claim,to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or before December 31, 1987, must be presented not later than the 100'}'day after the accrual of the cause of action. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or after January 1, 1988, must be presented not later than six months after the accrual of the cause of action. 'Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Gov't Code 911.2.) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, CA 945 53. 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 Robert R. Sterling ) R IFfi�.�?° E Against the County of Contra Costa or � MAR 14 7 001 js CLERK(©C .,.. r. Sheriff W.E. Rupf and his subordinate4)istrict) Cov. f: (Fill in name) ) of the Martinez Detention Facility. ) The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named district in the sum of$ 4Afi_00+taxand in support of this claim represents as follows: -- 7- .$ 486.00 36.45 tax 1. When did the damage or injury occur? (Give exact date and hour) ' $ .32E.-45 total One mens gold-on-white-gold wedding band was taken from me and lodged in property at the Martinez Detention Facility,(see. attached property receipt # 389241), on 10-13-99, @ 11;52AM. My ring has since been lost or misplaced and the sheriff is unable to return it 2. Whereedid the damage or injury occur? (Include city and county) Martinez Detention Facility, Martinez California, in Contra Costa County. 3. How did the damage or injury occur?(Give full details;use extra paper if required) My wedding band was confiscated by Sheriff Deputy Boland #6020, lodged in property and a property receipt issued to me. Upon my. transfer to Atascadero State Hospital the ring was not transfered with aye in my personal property,(see attached incoming patient prop- erty inventory). After learning my ring.was missing from my property I made written in- quiry of the Custody Sergeant of the Main Dention Facility,(see attached letter dated, 1221-00). On or about 1-5-01, I received a hand written note in reply,(s' ture un- intelligible), informing me that my property had been released, indicating they did not have it anylonger,(see attached note and envelope postmarked Jan. 03-01). I have filed notice of the loss with the Hospital Police Dept. with no apparent results.(see attached Patient request for lost Property Forms), now comes the following Civil Action. 4. What particular act or omission on the part of county or district officers, servants, or employees caused the injury or damage? My Mens "Art Craft Gold-over white-gold wedding band was confiscated at the jail during booking, the enclosed receipt was issued to the for it, it has not been returned and is apparently lost by the Sheriff's staff at the Martinez Detention Facility. 5. What are the names of county or district officers, servants, or employees causing the damage or injury? Sheriff W.E. Rupf, Deputy Boland #6020, and/or the Sheriffs designated personnel respon- sible for the handleing and safegaur ing of jail inmate property lodged with them. 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage.) The -loss of the above described Art Craft Wedding Band, actual.ptmchase price $486.00 plus state Tax @ 7.5 y , total price to be reimbursed: $522.45. 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) Actual purchase price of the ring new, plus state sales tax. 8. Names and addresses of witnesses, doctors, and hospitals. Unknown at this time. 9. List the expenditures you made on account of this accident or injury. DATE TIME AMOUNT N/A a ) Gov. Code Sec. 910.2 provides "The claim must be ) signed by the claimant or by some person on his behalf." SEND NOTICES TO: (Attorney Name and Address of Attorney ) t (C aimant's Signatur Robert R. Sterl' P.O. Box 7001, Utlit #22, cadero, CA. 93423 (Address) Telephone No. )Telephone No. (805) 468-2802 NOTICE Section 72 of the Penal Code provides: Every person who,with intent to defraud,presents for allowance or the payment to any state board or officer,or to any county,city,or district board or officer,authorized to allow or pay the same if genuine,any false or fraudulent claim,bill,account, voucher,or writing,is punishable either by imprisonment in the county jail for a period of not more than one year,by a fine of not exceeding one thousand($1,000),or by both such imprisonment and fine,or by imprisonment in the state prison,by a fine of not exceeding ten thousand dollars($10,000),or by both such imprisonment and fine. F'HUF'LH I Y/C:LOTHING RECEIPT CONTRA COSTA`COUNTY REC. No: 389241 DATE: ::i:: ':Sy';C TIME: ZZ 2. tBOX%' 'MCDF- ':' NAME:' .BOOKING NBR,. 'ICi.I c'I l'I.. . '=OTHER,-,;::h (] SHIRT/BLOUSE_ DRESS.:' O COAT/JACKET D.TIE%SCARF D SHORTS/PANTIES JEWELRY_ D SOCKS/NYLONS : , 7�v✓) .:` F_1 SHIRT`. WATCH ` BELT:.:: D PANTS/SKIRT;" 0 SHOES/BOOTS T SHIRVBRA - :-= WALLET , D.FiAT/PURSE :. 0 KEYS .KNIFE GLASSES O OTHER BKG OFC...: X INMATE SIGNATURE RELEASE .:l..have received all of my per DATE: sonal 'property and clothing. `:REL OFC X ..<.• . -: -.;. •. URE M-13 ::. INMATE SIGNAT Y-4 . ,1 �' GG,Ci l oc /. _. .. r --7 o on &A 0 M CDC CD 0 0. CD c Ti CD Ul O O Cf) :3 NEW A1)N1IT z,` RETURNEE CDC POST TRANSFER UNIT �n UNIT ITEMS STORAGE ITEMS DESTROYED CONFISCATED ITEMS personal papers ;pants/jeans legal papers `( ,� shirts;' STATEMENT stationery s, undershirts....._ .... stamps ►,� 'boxers/briefs' � s' YOU HAVE THE RIGHT TO KNOW THAT THE stamped envelopes PROPERTY ITEMIZED BELOW IS BEING books # r rsweaters. } CONFISCATED AND DISPOSED OF TO i.magazines e,• 'swiFd hirts — PROHIBIT THE INTRODUCTION OF POSSIBLE religious text — sweatpants — CONTRABAND INTO THIS FACILITY. PLEASE thermal tops — REFER TO ADMINISTRATIVE DIRECTIVE NO. comb _ thermal bottoms _ 805 &NO.610. brush _ shorts _ deodorant _ jackets _ caffeinated coffee/tea hair grease _ coats _ canned foods _ shame o vests opened drink mixes _ conditioner handkerchief _ opened food items: �lotiio►i... — knit caps — oi 1--� _p..:_.. ball caps opened cigarettes/tobacco - soap::---- hats toothpaste — 'belt's a opened toiletries: -beltt buckles _ soap Vr deodorant-D oils_I cup _boots._..._._, shampoo_3_ conditioner lotion bowl _ sltoes/metal �.�_ toothpaste_� toothbrushes t.-- tumbler — - -�-• ' powders ____ hair grease chapstick lid brush/hard soap dish — comb/picks pump sprays toothbrush holder _ new toothbrushes — aerosol shave creams — pens/markers caps/hats _ ;rpencils/colored ' sunglasses — •'dommoes CDC photos/I.D. cards — eyeglasses — table,games oP lighters/matches glass case — '�thermo cups Z ,razors/blades ' wallet wallets/w%metal watch/blk/wm/ym _ clippers/tweezers — make: _ Medications -non-RX radio/cassette player — photos of patients — antifitngal creams make: _ Tylenol/aspirin headphones arts/craft items _ hydrocortisone creams tapes — r ? cold medication batteries/aaa/aa/c/d _ _ antacids vitamins playing cards -- religious items — _ Medications - RX cigarettes/pk/crtn — tobacco/can/pkt/pch _ ITEMS TO TRUST drink mixes ..- .�,. C.'c=: 1.1./9 5-7- 17 soup mixes — YES NO sugar/creamer cookies/crackers �r i candy/bags/bars _ FUNDS ON ADMIT Invent"o'ried>by/., tLI E 41 T a . aDDRES.9WRAPH'ti L�, Copies to.. F $li I' I Date: — White Chart Cr •" INCOMING PATIENT Green Patient PROPERTY INVENTORY Y0101% Prop./Storage Pink Storage File GA 61.4 DPS (Rei'. 6,!17) Gold. Rod. Laundrn to Storage PATIENT REQUEST FOR MUSSING PROPERTY Instructions to patient: Complete the top section of this form and have it reviewed by your Unit Supervisor. The Unit Supervisor will attach copies of all your property receipts and return the completed form to the Admissions Program Property Coordinator. Keep the last copy of this form for your records. PATIENT NAME: `'°'a^��,�':y"_ =+t'+- ri DATE: jaal. 3 -2001 fs AT#: rriEy_5* COMMITMENT: �'�'`�''' 01465 PROGRAM: ` ` UNIT: ` SPECIFY LAST HOUSING FACILITY: s`7' rc: covili;.9 Jail. AND UNIT: F A WHEN DID YOU LEAVE LAST HOUSING UNIT?: 21-194,10 DATE ADMITTED TO ASH: LIST YOUR MISSING PROPERTY: ff- <;OO t ry`I ;%Jt* 1-703.-e ele: IQA, I have reviewed the above request and attached copies of the patient's property receipts. UNIT SUPERVISOR: DATE PATIENT RECEIVED PROPERTY: Signature - Unit Supervisor ***************** ***** DO NOT WRITE BELOW THIS LINE CDC CONTACTED: DATE: WHO: COMMENTS: DISPOSITION: Coordinator: Original Patient: Retain last copy U.S.: Retain 1 copy to route to Coordinator when patient receives property GA 17 Prog.1 (Rev. .2/97) PATIENT REQUEST FOR PROPERTY LOSS REIMBURSEMENT (See Administrative Directive #717) Patient Name Enbov- rZ Date am, P_ gnm At# Unit# ry List missing/damaged property and circumstances of the loss: the collray (aqa ,ei V,-..3X %jy_ .t*.-. vv>: tiii wec"�,41 (Attach proof of purchase, receipts, property,slips.) Q 'ztn'?.00 Property Value $ (Patient Signatur�ef Unit Supervisor's findings/recommendations: (Attach property ships. other supporting documents.) Unit Supervisor Signature: Date Program Director's findings/recommendations: Program Director Signature: Date.-; Hospital Administrator's findings/recommendations: Approved Amount $ Disapproved Hospital Administrator Signature Date The patient retains the right to file a Board of Control Claim if the amount of claim exceeds $100.00 or if claim is denied by Atascadero State Hospital. Routing: Pt retain last copy Send original and 2 copies to U.S. GA 17.1 (Rev. 4.94) Contra Costa County Board of Supervisors DECLARATION OF SERVICES BY MAIL Robert . Sterling vs. Board ofhSupervisors/ Claim ff (Case Number) I, Grant Self. , Declare that I am over the age of 18 years of age and'a party to the within action. My address is, Grant Self P.O. Boit 70011 Unit 11.6 Atascadero, CA. 93423 On March 7, 2001 ,1 served the attached: I. Claim for loss of personal property, Pages 1&2 with-7•_,a.ttachments. 2. 3. By placing a emtaacopy(ies)thereof in an envelope(s)addressed to each of the person(s) named below at the address(es)shown and by sealing and placing for collection and mailing on that date following ordinary business practices. Place of collection is the Atascadero State Eifiaspital, Unit X22 inmate/patient U.S. Mail drop-box. 1. Contra Costa .County Board of Supervisors 651 Pine St. Rm 106 Martinez, CA. 94553 2. Warren E. Rupf, Sheriff 1000 Ward St. Martinez, Ck: 94553-0039 I declar and penalty of perjury that the foregoing is true and correct. Dwlamts"sigutm Y O �,r+,� mss,• , r M �•r-.,vii a a x N 41 w t,. t .e, '�� k ! 0 da CLAIM iOARD OF SUPERVISORS'OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION: April .3 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 pursuant to Government Code Section 913 and 915.4. Please note all "Warnings". AMOUNT: $2,500.00 MAR I% � 2009 CLAIMANT: P.C. RABE COUNTY COUNSEL MARTINEZ CALIF. ATTORNEY: DATE RECEIVED: March 16, 2001 ADDRESS: 4020 B San Pablo Dam Road BY DELIVERY TO CLERK ON: March 16, 2001 E1 Sobrante, CA after 4/3 2375 Aberdeen Way BY MAIL POSTMARKED: Richmond, CA 94806 I. FROM: Clerk of the Board of Supervisors I TO: County Counsel Attached is a copy of the above-noted claim. JO S[ ECJ, Jerk Dated: March 20, 2001 By: Deputy IL FROM County Counsel TO: Clerk of the Board of Supervisors I ( >- 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). ( l ) Claim is not timely filed. The Clerk should claim on ground that it was filed late and send warning of claimant's right to apply for leave to present:a late claim (Section 911.3). ( )Other: i Dated: 1. U ( By: ` CDeputy County Counsel III. FROM Clerk of the Board TO: County Counsel (1) County Administrator(2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). BOARD ORDER: By unanimous vote of the Supervisors present: This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. I Dated: JOHN SWEETEI'd Clerk, By Deputy Clerk I 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 ddressed to ie laimant as shown above. Dated By: JOIN SWEiTEN, CLERK By �; (ti—Deputy Clerk 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. 'Claim to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY z 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 I00's day after the accrual of the cause of action. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or after January 1, 1988, must be presented not later than six months after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Gov't Code 911.2.) B. Claims must be filed with the Clerklof 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. I 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 RECEIVED. Against the County of Contra Casta or i ) MAR 1 6 ruu 1 � � CLERK BOARD OF SUF=RVISORS District) (Fill in name) ) CONTRACOSlACO. ; The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named dis rict in the sum of S Sb —and in support of this claim represents as follows: C b r' yQ(.ec.-se (fe c�e 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) gICC_0 6 s�n lef--/ 3. How did thed(r�l . (Give full details;use extra paper if required) I lA S1tlee N'!15 skq.n 1 K<n ��j lx` i 4. What particular act or omission on the part of county or district officers, servants, or employe�esl caused the injury or damesa '= A)Cmsi�c 5. What are the names of county or district officers, servants, or employees causing the damage or injury? �,/ �►� C�-UICF' �;c�l�tL�-ccP's �P�l/ Say r�.e-vtT 0 `1`/v1 T a c Aa7L 6. What damage or injuries do you claim resulted?(Give full extent of injuries or damages claimed. Attach two estimates for auto damaAAge.)/ Ice e� S2 -7L cz��rrv, O 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) r� �v hr Cc-Or,c (ol�sQ CLfC5T 'ErnV -14 — •JD hr osQ� 1�5�-� P(,L57 8. Names and addresses of witnesses, doctors, and hospitals. `�cr►1 l��r..e�y (,LI!, 23?S A bercPee..h t-L.1 T�c A w",4 q4,6060 Ad ,bz !?IcwR-W @ /—ATE R,:' DATE- 9. List the expenditures you made on account of this accident or injury. DATE TDviE OUNT 2/20 22/0( hr•s �CZi�k. i+It KA J *****#**#* 3 - eQ/cS O Ilpi Ilk C�I Gov. Code Sec. 910.2 provides"The claim must be signed by the claimant or by some person on his behalf." SEND NOTICES TO: (Attorney Name and Address of Attorney ) (Claimant's Signature) �-��2d g S `? `SAM �C)AD (Address) X01 I5PAN`T� � OA 94 Telephone No. )Telephone No. LAID} Z 2.2 — 3b45 / Section 72 of the Penal Code provides: �>4FTR -¢�3 ��4MOVp , C.4 Every person who,with intent to de ud,presents for allowance or the payment to any state board or officer,or to any county,city,or district board or officer,authorized to allow or pay the same if genuine,any false or fraudulent claim,bill,account, voucher,or writing,is punishable either by imprisonment in the county jail for a period of not more than one year,by a fine of not exceeding one thousand(S 1,000),or by both such imprisonment and fine,or by imprisonment in the stale prison,by a fine of not exceeding ten thousand dollars(S 10,000),or by bothsuch imprisonment and fine. I I - RECEIVED C I . CLAIM MAR 1 6 2001 BOARD OF SUPERVISORSOF CONTRA COT O ,:,viSORS BOARD ACTION: April 3 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 1 The copy of this document mailed to you is your California Government Codes. ) notice of the action taken on your claim by the RIE c lRaWlEn) Board of Supervisors. (Paragraph IV below), given pursuant to Government Code Section 913 and MAR 15 2001 915.4. Please note all "Warnings". AMOUNT: $690.00 COUNTY COUNSEL MARTINEZ CALIF. CLAIMANT: JESSICA A. ORTEGA ATTORNEY: DATE RECEIVED: March 14, 2001 ADDRESS: 9559 Cole Drive BY DELIVERY TO CLERK ON: March 14, 2001 Stockton, CA 95212 BY MAIL POSTMARKED: March 1 3, 9nn1 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. JO N, erk" Dated: March 15, 2001 By: Deputy L, 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 III. FROM Clerk of the Board TO: County Counsel (1) County Administrator(2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). BOARD ORDER: By unanimous vote of the Supervisors present: {-b 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 .nut for this date. Dated: 3,JV( JOHN SWEETS iV . 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 1 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 1 deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressedimeputy as shown above. Dated: 7 a�� gy; JOHN SWEETEN, CLERK By Clerk • 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. o- /1 Claim to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or before December 31, 1987, must be presented not later than the 1001h day after the accrual of the cause of action. Claims relating to causes of action for death or for injury to person ar to personal property ors owing 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. rr _ C. If Claim is against a district governed by the Board of Supervisors, rather i �---`�'� 1_ O� e District should be filled in. D. If the claim is against more than one public entity,separate claims must be fil E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at the end of tf RE: Claim by. ) Reserved for Clerk's Filing Stamp Against the County of Contra Costa LMAR 1 4 2001 or CLERK -1 %R.o OF c li�i_nVISGRS COiNT iA G0 p G0. District (Fill in Name) The undersigned claimant herebytakes claim against the County of Contra Costa or the above named District in the sum of$ bq n( and in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact Date and Hour) --�=�� --- ------= M'a✓vC� vl 12�rf ji'jo 2. l;here did the damage or iajury OCl'nr: (Include Cite and County .Yi h'� i . �.l.i� ', l Cl" ---mss - --------- ------ 3. kidthe damage or injury occur? Give full details:use extra paper if required 3.Ch\kt-: G �r1C\ Ci-�'��v�C� Gv Cit1v"2 1Yl � Foci ok— Com, c�S Cts .d\ Ui�1�C:S1 ` dC z �u�------- ------------------------ 4. What particular act or omission on the part of county or district officers, servants, or employees caused the injury or damage? 1S � 1`\1'Z �pnkr ;�Y tC�� s G'., [� C.VI UY1 -{11 �' G` - '\GL 2. v ' ` \V`C�v.C� fes. 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(•a2euup.io.uncut anllaadsoad Sum jo junowc paieucgsa aqt apnlaul) ;palndcuoo lunomr paulrrlo anoqu aql sr,b.aog L -------------------------------------------------------------------------.------------ J": S ��Cy')Od' (aocunp olne .zoj smumsa om:q yaeuv -paugcla saoetunp io saunfut jo luaua unj amt)) Zpalinsal mirl 0A Op SZun ful 10 Q219MEp lrgAl -9 --------------------------------------------------------� ;,nlnfni 10 a�eairp aql�uisnEa saa�oldma 10`s;ar.►1as`slaw};o;au;sip 10.0;unoa jo sawra aq;a1r lEq� 'S CHRYSIFR 61474 33785 `IIkI &el *INVOICE* STOCKTON AUTO CENTER JESSICA A ORTEGA 2979 AUTO CENTER CIRCLE 9559 COLE DR STOCKTON, CA 95212 STOCKTON, CA 95212 PAGE 1 (209)956-7622 (800)925-6663 HOME• 209-954-9046 BUS: BAR I AD124235 EPA a CAD 982465668 SERVICE ADVISOR: 731 TIM PEREZ -COLOR:; YEAR MAKE/MODEL <UIN ;>. LICENSE MILEAGE`IN/:::OUT TAG':<:. . BLACK 97 CHRYSLER SEBRING 3C3EL55H3VT506008 3VZN223 65581 65. 581 T227 IN;:SERV: DATE ,PROD DATE WARR EXP ;PROMISED . PO NO':` RATE:: PAYMENT 01JAN1997 08AUG96 0. 00 1 CASH 108NOV2000 R 0:'OPENED' DATEsCl7ST NOTIFIED:: OPTIONS: STK:3169 DLR:67086 ENG:2 .5L TRN:4ITE L:FWD 15:25 02NOV00 16:47 08NOVOO rx LINE OPCODE TECH TYPE HOURS LIST NET TOTAL A CUST STATES CK FRONT END MAKES NOISE WHEN TURNING 1 SERVICE MISC. 12 CPR 458.88 458.88 1 R0400240 GEAR-POWER STEERING 398.40 398.40 398.40 1 4656155 ABSORBER-SUSPENSION 121.20 121.20 121.20 1 465611BAC LINE-POWER STEERING 81.00 0.00 0.00 1 4655829 LINE 11.75 0. 00 0.00 2 4879229AA ROTOR 57.00 0.00 0. 00 2 5010304AA OIL-POWER STEERING 15.75 15.75 31.50 5 6033840 RETAINER 0.70 0.00 0.00 SUBL HAMMER TIRE PO# 90010 CPR 45.00 45. 00 PARTS: 551.10 LABOR: 458.88 OTHER: 45. 0.0 TOTAL LINE A: 1054 . 98 B CUST STATES CK BRAKES PEDAL TO FLOOR AT TIMES 1 SERVICE MISC. 12 CPR 93 .21 93 .21 1 *NPN* MASTER CYLINDER 199.20 199.20 199.20 PARTS: 199.20 LABOR: 93 .21 OTHER: 0. 00 TOTAL LINE B: 292.41 WESTERN NATIONAL 800-722-4758 THANK YOU VERY MUCH FOR YOUR BUSINESS! ! ! CONT #OTA-1300880 RUTH IF YOU HAVE ANY COMENTS OR QUESTIONS #1944377 AMOUNT $1230.97 CUST PLEASE CALL TIM PEREZ, SERVICE`MANAGER TO PAY BALANCE (209) 956-7600, THANK YOU AGAIN _��_J_� PLEASE INQUIRE WITH SERVICE ADVISOR •, %�'If' ABOUT THE LIMITED PARTS ANDlrL l� I ,� J�1J , � NO 8/2000 -1-417 IBY: ORIGINAL AUTHORIZED ..... nw ESTIMA�T REVISED ESTJM�ITE: DESCRIPTION,,,.,.,:.:;:.,,,,;,' „_...sm.. A ✓ LABOR AMOUNTNO 552 . 09 IHE S ow , s JpOU PARTS AMOUNT 750.30 II ACK LED CUSTOMER GAS,OIL,LUBE IED i NOTICE AND ORAL INITIAL 0.00 US APPROVAL OF AN SUBLET AMOUNT 45.00 I IF INCREASE IN THE q TO ORIGINAL ESTIMATE MISC.CHARGES 0.00 �� " �', �l PRICE' TOTAL CHARGES 1347.39 Q 'I UI ACKNOWLEDGE RECEI T fdF VEHICLE AND LESS INSURANCE 0.00 �p Yfn 0 r U S I LD I HAVE RECEIVEJA611P-Y OF THIS VOICESALES TAXCUSTOMER LJ l:r LEASE PAY ISIGNA TURE?/ - , r� yUQ_H'�S.AMOUNT -�0 :1 4V•0 >.5-4ACTOMER COPY : 200 ' 39bd 27 :S1 00 , Ll OON , PaneaGOU How liv V00'917 :up!s.laA amWe-nin Z llo L ®Aed 19u014euJalul lla4 )IW 000E•1'664(0)JgOpAdo0 b 00-100 :uolsaaA eteo I1e4P►!w 1auo17cu.ialul ih�lo71W bo�lacwepeab a 91 emmeilln E06L ZO:Z4:44 OO/L4/44 :7d3swnN 11VO36 31VWI1S3 00'0 Aa!llq!suodsaN iawolsn3 00'0 SIS00 Ieu0!11pPV 11101 lunOlUV S1 owisn(PV 'AI lunowV s1so3le11n!PPPV III 00'0£& E'Z AjvwwnS,ogel 00 0£L Fogel oigexel-uaN OO'6 lunowy s},ed luawa0elda8 1eao1 00154 00'56 0010 00'05 O'D leo!uCilaoW 003f %OSL'1 XplSales 00'00L 00'0 00'0 00'05 0-Z owejj 00'00b sued algpttel 00'56 00'0 00'0 0005 £'0 Apos ....-........--- – -- lunowV A+ewwnS lueweoeldoN}led 'p sie10b IunowV lunoLuV ajou s71un slelolgnS!ogel I bOlgnS jogBl IPPV Lua31 buOwaBpnr- , 'amsvaw QNV NMOQ 8V-1101 5 103P8ns S11011 N3dO'HIONIdS ONI111H S 7133HM aNOad'onzims SI if"3'A1Vbd 9ns 4' .O'8 do 13S 3t0e2Ir3WV7jj NdO 1,00V WNd 900££6 F .0'0 .001$4 lalgnS 3ONV1VS(INV 1Nnow dO a08`dl 1.nBV .HOW 0090Ub I, £'0 00'004. H31V90 WOa3 Nga'80 1331iM 30V1d5N/9A0NTd AGS I!,CM I shun lunowV aagwnN bled unlbflunsep uolbeaadO adA1 jagwnN wail joq¢l aelloQ /edAj Ved wall aull jogel AJI1u3 evl MOVIE :,0103 £OZS68 :ap00 40-WOS O :111viwa0 485'59 :26-1 U 90090S.LA£FI9913£0£ :NIA V IAO 9 lul 1S-Z :ideal aA!.Aa Au00®Z :31AbS APos !Xp BUI IgeS aalsAAyO L664 :uo!1d!-j�sa(3 $Z544C :a�!�uaS IlaUal!W 900.09(660) :auoyd awoH :auoydalal ZLZS6 VO'NOIN0015-Na 3100 6S96 :590JPPV VO31m0 VOISS3f :Pajnsul NMON)INA :alq!lonpa❑ I101dWV0`J321E7...:AS passassV afirwed zE88 B(60Z) :xe-q 0"6'! 6(60Z) EOZ96VO'NOlmools*is INOWJUJ-M 9Z4b 'aul's)1aoW40000 ou111ewe0 02ID'ONVIS ONI'IIVAV3 :QI alUoad A.Ieu!uipa�d O :u0!SJaA 61ewl4s3 �• ; £06L G alew1193 ; Wd6L:L000/LULL :algid z0'd NOTICE; ALL CLAIMS AND RETURNED GOODS MUST BE ACCOMPANIED BY THIS INVOICE. NO REFUNDS AFTER 30 DAYS. A 20% HANDLING CHARGE WILL BE MADE ON ALL RETURNED GOODS, UNLESS RETURNED DUE TO BEING DEFECTIVE OR ERROR ON OUR PART. ALL PARTS ACCEPTED FOR RETURNS MUST MEET MANUFACTURER'S CURRENT PACKAGE GUIDELINES. NO REFUNDS WITHOUT THIS INVOICE. NO RETURNS ON ELECTRICAL OR SPECIAL ORDERED PARTS. CHRYSLER I, ® SUZUKI WAW _. SINCE 1944 STOCKTON AUTO CENTER 2979 AUTO CENTER CIRCLE STOCKTON, CA 95212 r (209) 956-7633 BAR#AD124235 EPA#CAD 982465668 (800) 925-6663 DISHONORED CHECK NOTICE: IF YOU ARE PAYING THIS INVOICE BY CHECK,CALIFORNIA LAW PROVIDES,IN PART,THAT WHEN AN INDIVIDUAL FAILS TO PAY A DISHONORED CHECK IN CASH WITHIN THIRTY(30)DAYS OF DEMAND FOR PAYMENT,HE/SHE SHALL BE LIABLE FOR THE AMOUNT OWING UPON THE CHECK,IN ADDITION TO TREBLE DAMAGES(THREE TIMES THE AMOUNT OF THE CHECK),BUT IN NO CASE LESS THAN ONE HUNDRED DOLLARS($1001 NOR MORE THAN FIVE HUNDRED DOLLARS($500),PLUS THE COST OF MAILING THE WRITTEN DEMAND.I UNDERSTAND THAT IF MY CHECK IS DISHONORED FOR ANY REASON,I WILL BE SUBJECT TO THE ABOVE DAMAGES. CHECK CUSTOMER DATE ENTERED YOUR ORDER NO. DATE SHIPPED INVOICE DATE INVOICE 08 NOV 00 08 NOV 00 NUMBER .6170 S **QUOTE**. S o . ACCOUNT NO. 20000 H PAGE 1 OF 1 L I D P 97 JX T T 0 0 SHIP VIA SLSM. BIL NO. 'TERMS F.O.B.POINT 11 STOCKION CA QUAxmY . ORD: :SHIP 5.0.:: PART'NO DESCRIPTION LIST '' NET::: 'AMOUNT::: 1 1 0 4626920 C/MEMBER- 370.00 370.00 370 .00 1 1 0 4593777 BEARING 103 .00 103 .00 103 .00 4 93462AA REPLACIN PART-ND. FOR 0VE PART- 1 1 0 4695982 KNUCKLE 114.00 114.00 114 .00 1 1 0 JB26SAK WHEEL 400.00 40.0.00 400.00 Thank **** I N V 0 1 C.E QUOTE - DO NO PAY ** Aga You fig - For Your THIS PART(S)IS SOLD AS IS.THE ONLY WARRANTIES APPLYING TO THIS PART(S)ARE THOSE WHICH MAY ' I RE OFFERED, THE MANUFACTURER(S).THE SELLING DEALER HEREBY EXPRESSLY DISCLAIMS ALL ��n��/ WARRANTIES,EITHER EXPRESS OR IMPLIED,INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY PARTS 987.00 OR FITNESS FOR A PARTICULAR PURPOSE.AND NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT ANY LIABILITY IN CONNECTION WITH THE SALE OF THIS PART(S)AND/OR SERVICE. BUYER SHALL NOT BE ENTITLED TO RECOVER FROM THE SELLING DEALER ANY CONSEQUENTIAL DAMAGES, DAMAGES TO PROPERTY,DAMAGES FOR LOSS OF USE,LOSS OF TIME,LOSS OF PROFITS,OR INCOME,OR FREIGHT 0 .00 ANY OTHER INCIDENTAL DAMAGES.IN ADDITION,EXPRESSLY EXCLUDED IS ANY DEALER LIABILITY FOR FPIERWISEPERTAINING TO SAFETY OR PERFORMANCE BY WAY OF*STRICT LIABILITY',NEGLIGENCE OR SALES TAX 76.49 CUSTOMER'S SIGNATURE X 1 063 .4911 217. P � �N(v I • FILE COPY 3-Q o� � � ,,. e+ � � r• --c`.��. ' � tr-F. ��- '�y �� C. "� ".� A i'' �, a,-. 4 � f �� , � , � . _ % �`'� 0 0 ° / �� _ ,.'' �.. e � � �} s G a�'. � � ``� {ti s . ��1 i �3 ! r 1. 3 L� 0 F i1 cti� _ , ��-. �� ,�, �. a °F----— -�,�"y 1 ��.. e � .. _�"'-`-'-.tom`3m;;.v 'G ��7 �� l._ �,�,` �, "��. .�. _ *�5 - �.,: ,,,� � F� ;�`F r r. � ,,� �. f`-�__= _-- _ f� - - - �- /, li, ,, .�. �. � � �, -w .F�� .l ��;. �. J. J !l r a . c o e '6 R �x�_��J� F'. ' i � _� ^ � f � ,� JAS , r _ :k - .-.f {p_ 4 � � �� . b � � b-; � F� P / �. � � ^ A: a .�' r 'r r _ JJ�a r ti_ �"� � t t`� � 'c ter. a.� ..s�...'.� _"�['_,[. �, .ti iid. ts � Yt 1 �'1 ,1 _T' + 't «♦ `� t_ "tet,♦'�. Wil/ 140 o. `I q Q � ISO. , ' M r MILE f 1 auT©STICK 1 S . � 1 �i � t k a s �A 1 J hJv�, I �'1'`r4• �' I RECS EQ C �g CLAIM MAR 1 6 2001 BOARD OF SUPERVISOP6 OFCONTRA COSTA COUNTY, VISORS CONTRA COSTA CO. BOARD ACT1OM APRIL 3, 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. 1 notice of the action taken on your claim by the Board of Supervisors. (Paragraph IV below), given 1RJFT,g[LVgD pursuant to Government Code Section 913 and 915.4. Please note all "Warnings". AMOUNT: Unspecified MAR 14 2001 COUNTY COUNSEL CLAIMANT: IMAM MIZRAIM MOHAMMED EL MARTINEZ CALIF. ATTORNEY: DATE RECEIVED: March 2, 2001 Moorish Science Temple ADDRESS: 2901 Cutting Boulevard BY DELIVERY TO CLERK ON: March 2, 2001 Richmond, CA 94804 BY MAIL POSTMARKED: March 1, 2001 Certified # 7000 1670 0012 4958 6590 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted'claim. JOhN SWE 1, erk Dated: March 14'," 2001 By: Deputy . IL FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) This claim complies substantially with Sections 910 and 910.2. ( leq�his 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: C�� 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). E 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 in tes for this date. Dated: 111 �,a0(}) JOHN SWEET-Ik1 . 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 hec�aimant as shown above. Dated: xbI By: JOHN SWEETEN., CLERK By G Deputy Clerk 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 essentialto 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 I i t j SILVANO B.MARCHESI DEPUTIES: PHILLIP S.ALTHOFF COUNTY COUNSEL4_� L JANICE L.AMENTA NORA G.BARLOW SHARON L.ANDERSON + B.REBECCA BYRNES n,%-=? T "��, n�'T ASSISTANT COUNTY COUNSEL CONTRA ANDREA W.CASSIDY COSTA Rh O.U,N 1 Y MONIKA L.COOPER �',0;P—T- 1� VICKIE L.DAWES GREGORY C.HARVEY 0FFICEHE-COUNTY COUNSEL MARKE S.ESTIS ASSISTANT COUNTY COUNSEL I+ 'I. �``-= =' I'�) LILLIAN T.FUJII If�G�OpUu.NTM�NISTRAT10NBUILD�IN�_Giti I JANET L.HOLMES DENNIS C.GRAVES �65�1 PIN ,S,TRE1 th,FL-OOR/ KEVIN T.KERR If,;. .r - `v�t Ib5'[n/.'1 BERNARD L_KNAPP SENIOR FINANCIAL COUNSEL MARTINEZ,--CALIFOFiNli4�44:5rJ "1229 EDWARD V.LANE.JR. BEATRICE LIU GAYLE MUGGLI - ' y MARY ANN MASON OFFICEMANAGER PAUL R.MUNIZ --iTi TA 'd�1`�" VALERIEJ.RANCHE PHONE (925) 335-1800 NOTICE OF` ICIENCY STEVEN P.RETTIG .DAVID F.SCHMIDT FAX (925)646-1078 AND/OR DIANAJ.SILVER JACOUELINE Y.WOODS NON-ACCEPTANCE OF CLAIM PAMELAJ.ZAID TO: Imam Mizraim Moliwimied Ell Moorish Science Temple 2901 Cutting Boulevard Riclunond, CA 94804 RE: CLAIM OF: Imain Mizraum MohamiMed El Please Take Notice as Follows: i The claim you presented against the County of Contra Costa or District governed by the Board of Supervisors fails to comply substantially with the requirements of California Government Code Section. 910 and 910.2, or is otherwise insufficient for the reasons checked below: [ ] I. The claim fails to state the name and post office address of the claimant. [XXL 2. The claim.fails to.state the post office address to which the person presenting the claim desires notices to be sent. [.XXl 3. The clainm 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 nanie(s) of the public employee(s)causing the injury,damage, or loss, if known. [XX] 5. The claim fails to state whether the amount claimed exceeds ten thousand dollars ($10,000). If the claim totals less than tenthousand dollars ($10,000),.the clavi 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 tlhej�basis of computation of the amount claimed. If the amount clammed exceeds tell thousand dollars ($10,000), the claim fails to state whether jurisdiction over the claim would rest in municipal or superior court. [XX] 6. The claim is not signed by the claimant or by some person on his or her,behaLf. [ ] 7. Other: Page 1 . } I SILVANO B. MARCHESI COUNTY COUNSEL i 2 By: Deputy County Counsel i i CERTIFICATE OF SERVICE BY MAIL (C.C.P. §§ 1012, 1013x,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,Califomia 94553;1 am a citizen of the United States,over 18 years of age,employed in Contra Costa County,and not a party to this action. I served a true copy of this Notice of insufficiency and/or Non-acceptance of Claim by placing it in an envelope addressed as shown above,sealed and postage fully prepaid thereon,and thereafter was,deposited this day in the U.S. Mail at Martinez,California. 1 certify under penalty of perjury that the foregoing is true and correct. Dated: March JIS,2001,at Martinez,California. i i cc: Clerk of the Board of Supervisors(original) Risk Management NOTICE OF INSUFFICIENCY OF C 11D1:GOVT'.CODE H 91(_),,910.2,920.4,91ii.8) I i I I I i I i i i I I Page 2 Mizraim Mohammed EI UCC-1-207 RECEIVIED Tuesday, February 27, 2001 MAR 0 2 2001 Clerk Jeanne Maglio Board Of Supervisors CONTRA COSTA COUNTY CLERK BOARD F SSUPERVISORS CONT651 Pine Street 1�71C Martinez, California 94553 Dear Jeanne Maglio, This packet is to be shown.to all Board Members of the Board Of Supervisors of CONTRA COSTA COUNTY. Before you read the entire packet let me explain: I am having a problem getting justice in Superior Court in Richmond under Commissioner Robert L. Broughton. I assert my Constitutional Rights as a free and natural person. I told Mr. Broughton that I am not a descendant of slaves.As you read the entire packet you will understand what I declare. I have LAWFULLY answered every ticket.., reminder.., computer printout and personal letter from this Commissioner as a Pro Se litigant. As you will see, I have had a ticket just like the one in the packet in San Francisco County. I wrote to the Board Of Supervisors of that County and the ticket was dismissed. This Commissioner seems to be acting beyond the scope of his authority. I had a problem with this Commissioner before and I took him to small claims court in Richmond. I lost the case because he declared his immunity under his office. Yet.., there is no immunity when a person "under the color of law" commits a criminal act. Though I am not a Lawyer and there are many things in Law that I do not know.., I know enough to take him and anyone else to Federal Court and higher to get full Justice for crimes committed against me. Dark skinned people Especially Dark Men are mistreated Under the color of law in America.The Jails are FULL of the Darker Races because they do not have a chance when they get Public Defenders and Attorneys.. I ask,just as I asked San Francisco Supervisors that you request that my case be sent to someone that will do what needs to be done and dismiss it. If not you are all witnesses to my efforts to get justice. I keep records and am preparing to take my case to a higher court. I will lawfully dishonor Commissioner Broughton's last letter. Any action taken against me after I lawfully responded to that letter All will be liable. I will file a Claim against the County If Justice is not served. Sincerely, %=� Imam Mizraim Mohammed EI UCC-1-207 Member of the Moorish Science Temple Of America C � Bos n �� SUPERIOR COURT OF CALIFORNIA,COUNTY OF CONTRA COSTA SUPERIOR COURT,RICHMOND 100 37TH STREET,ROOM 105,RICHMOND,CA 94805 510-374-3171 S THE PEOPLE OF THE STATE OF CALIFORNIA, DATE: FEBRUARY 22,2001 VS. MIZRAIM MOHAMMAD DOCKET: "559279-5 2901 CUTTING BLVD. RICHMOND,CA 94804 DEAR MR.MOHAM[MAD: YOUR DOCUNIENTS/MOTIONS HAVE BEEN RECEIVED AND MADE A PART OF THE COURT RECORD. IT APPEARS THAT YOU ARE CONTESTING THE JURISDICTION OF THIS COURT TO PROCEED ON JURISDICTIONAL GROUNDS. YOUR MOTION TO DISMISS FOR LACK OF JURISDICTION IS DENIED. THE.RATE TO APPEAR TO ENTER YOUR PLEA HAS BEEN EXTENDED UNTIL NO LATER THAN64AR CH 9,2001 LEASE APPEAR IN THE TRAFFIC ARRAIGNMENT DEPARTMENT ON OR BEFORE THA E. ONCE AGAIN YOU ARE REMINDED THAT IT WOULD BE WISE TO CONSULT AN ATTORNEY. THE ISSUES YOU ARE ATTEMPTING TO ADDRESS ARE IDENTICAL TO THOSE ALREADY LITIGATED AND YOU WERE NOT SUCCESSFUL EARLIER. SINCERELY, ROBERT L.BROUGHTON COMMISSIONER i 1V1iz3r4-sxRa axri3nmec1 3E:1 Pr© 0e 36it194-axxt Through "Spec i ial Appearance" I�Ir ou CER'T'IFIED MAIL NUMBER Appearance Location and Date: Superior Court of,California, Contra Costa County 100 - 37th STREET Richmond, CA 94805-2178 Date to Appear: 04iich 9, 2001 Or any time Before that Date. Where to Appear: TRAFFIC ARRAIGNMENT DIVISION Case {Docket1 i 59279-5} Black's Law Dictionary For"Appearance" Appearance means a coming into court as a party to a suit,either in person or by attorney,whether as a plaintiff or defendant. An appearance may be either general or . ecial;the former is a simple and unqualified or unrestricted submission to the jurisdiction of the court,the latter a submission i to the jurisdiction for some specific purpose only,not for all purposes of the suit.A special appearance is for the purpose of testing or objecting to the sufficiency or service or the jurisdiction of the court over defendant without submitting to such iurisdiction. I Insurance Cp.of North America v.Kunin, 175 Neb. 260, 121 N.W.2d 372, 375, 376. Through Special i Appearance I am demanding that The Court Prove its Jurisdiction over me and produce the evidence AND WITNESSES it has against me. IF NOT DISMISS THIS CASE. i I A Letter Has Been Sent in My Behalf to The Board Of Supervisors of CONTRA COSTA COUNTY AS WITNESSES Should any actioni be taken against me Everyone who has been sent a certified letter will be named in a' pending Suit At Law. Commissioner R. L.. Broughton has used a consistent process of Harassment and yet I have NEVER waived my Constitutional Rights.iI FOUND OUT THROUGH Black's Law 4th Addition that IF I APPEARED IN PERSON IN AN INFERIOR COURT.., I AUTOMATICALLY WAIVE MY CONSTITUTIONAL I RIGHTS! ! ! ! ! ! ! Is this man declaring that I am a "Negro" and Negroes have no rights Under the Dred Scott Supreme Court Decision? If I do not have rights that the White Man does not recognize let him declare this in a signed letter and send it to me stating that "in his eyes", I am a Nigger and have no rights.... From the beginning of my ordeal of seeking Justice under the Constitution I have never given up my KNOWN rights. Let the court PROVE that I have no rights and all that I have filed will be null and void of Merit. IF THE COURT CANNOT ANSWER MY QUESTIONS I DEMAND THAT THE COURT DISMISS THIS CASE I superior Court of California COUNTY OF CONTRA COSTA 100-37'"STREET ` RICHMOND,CA 94805-2178 a- January 18, 2001 � '� ��i`� Mizraim Mohammed 2901 Cutting Blvd. Richmond, CA 94804 Re: People vs-Mohammed Dock 559279-5 Dear Mr. Mohammed: Your correspondence relating to the above-entitled case has been received and made a part of the court record. The documents provided do not provide sufficient information to determine the nature of your motion. The facts and legal arguments must be submitted in writing in accord with the California Rules of Court. Your motion has been denied without prejudice. The date for you to appear has been extended unY ebruary 23, 2001. A review of the court records indicates that you have litigated similar issues with this court in the past. You may wish to review the previous ruling for guidance. Once again, you are encouraged to consult an attorney for legal advice. In addition to other penalties, the failure to handle infraction matters in accord with the proper procedure can result in the suspension of your privilege to drive or to obtain a valid license. In certain situations, individuals who drive when their privilege to do so has been suspended or revoked face the possibility of incarceration. Sincerely 7 -`Z c I l 1 , RbBERT L. BROOGHTON Commissioner ir State of \ `�l� RIGHT THUMBPRINT(Optional) County of p5-r'�Tk a I - � On 7i before me, 'w'(k y 0 (DATE)' INAME/TITT1LEAAOF OFFIC ER-i.s,*JANE 1DOE,NOTARY PUBLIC') o personally appeared M\2 \►,Wly`b�f`Uvy\Yy\CL! El. INAMEISI OF SIGNER(SII CAPACITY CLAIMED BY SIGNER(S) OINDIVIDUALIS) ❑CORPORATE ❑ personally known to me -OR- I proved to me on the OFFICERIS) It,t�Esr m is Of satisfactory OPARTNER(S) ❑LIMITED evidenibscribed to be the ❑GENERAL personwhose name( OATTORNEY IN FACT Is/arse to tIIle OTRUSTEE(S) wit In instrument and ❑GUARDIAN/CONSERVATOR acknowledged to me that OOTHER: �stX1tf�y executed the SONIA VALDOVINOS same In his/her/tAir r.. Comm.#1192511 authorized capacit (IQSM, SIONER IS REPRESENTING: V! 0 NOTARY PUBLIC-CALIFORNIA and that b his/h ItJxf lr (Name of Personlr)or Entity(ias) Contra Costa County signature{3� On he My Comm. Expires Aug.7,2002 instrument the personA or the entity upon behalf j of which the person(zl acted, executed the RIGHT THUMBPRINT(Optional) instrument. 0 D Witness my hand and official seal. I 3 2 1 2001 ►.. Wall KNIT (SIGNATURE OF NOTARY) FUf�eu c I TIFCALIFORNIA K'HMO MID CAPACITY CLAIMED BY SIGNERIS) OINDIVIDUAL(S) OCORPORATE ATTENTION NOTARY I OFFICER(S) The information requested below and in the column to the right is OPTIONAL. (TITLES) Recording of this document is not required by law and is also optional. It could, however, prevent fraudulent attachment of this certificate to any OPARTNERISI OLIMITED unauthorized document. \%. L I ❑GENERAL CATTORNEY IN FACT THIS CERTIFICATE Title or Type of Document Si \ fah OTRUSTEEIS) MUST BE ATTACHED ❑GUARDIAN/CONSERVATOR TO THE DOCUMENT Number of Pages 14D Date(of Document Z O OOTHER: DESCRIBED AT RIGHT: Nb-`� Signer(1)Other Than Named Above N i SIGNER IS REPRESENTING: (Name of Person(s)or Entityfies) I WOLCOTTS FORM 67240 Rev.3.94 Iprice class 8•2AI QI994 WOLCOTTS FORMS,INC. ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPACITYIREPRESENTAT{ONfTVJO FINGERPRINTS i I�I�IIIIII I I VIII( (III II (III 7 67775 63240 8 Sat , ► Wlmxial3m IM© azo ecl 301 3P3r© 040 z � O y n on O g nyO 2 Through 's a y Z "Special Appearance" c:, �� o Z Cn o y REGISTERED MAIL NUMBER Appearance Location and Date: Superior Court of California, Contra Costa County 100 - 37th STREET Richmond, CA 94805-2178 Date to Appear:Eebruary 23, 2001 ' � l Case {Docket 559279-5) Blade's Law Dictionary for"Appearance" Appearance means a coming into court as a party to a suit,either in person or by attorney,whether as a plaintiff or defendant. An appearance may be either general or special;the former is a simple and unqualified or unrestricted submission to the jurisdiction of the court,the latter a submission to the jurisdiction for some specific purpose only,not for all purposes of the suit. A special appearance is for the purpose of testing or objecting to the sufficiencv or service or the jurisdiction of the court over defendant without submitting to such iurisdiction. Insurance Cp.of North America v.Kunin, 175 Neb. 260, 121 N.W.2d 372, 375, 376. This is my dated response to the Letter sent to me (Mizraim Mohammed El) by Commissioner Robert L. Broughton Of the Superior Court of California... Please note that this package has been recorded with the Secretary of State and the County of Contra Costa Recorder: 3D3BCL2&XaJLTI4N 43F STILTIIS JLND PETITION F4R IC03DIlMSS 4F G3EtI Lw%r2LWCE 33?I 4104DWM C;XIS L 2LFFI3MJLVIT [ ffA N'n ] NOTICE OF CLAIM OF LIEN BY AFFIDAVIT OF OBLIGATION: NOTICE OF RESERVATION OF RIGHTS TO CLAIM OFFICIAL BOND: Nomim Mohammed 0 reserves the right to claim the official boli or surety of any MUC OfflO whose Act[s)or hirdsD)to act resuits in tort daltRU to Wraim Mohamnmd a I Mizraim Mohammed EI state for the Record State That: I am an aboriginal inhabitant of North America, and I am not a Negro, Black-man, Colored Person, Nigger, or Darkie or African American. I am not A Freedman, but a Freeman. I live by common and fundamental Rights guaranteed by the constitution . of the United States. I do not waive my rights under any circumstance or condition, my remedy is under the Uniform Commercial Code Book One Section 207, I am a "Declared and Registered"National: (#22316 California Secretary Of State) February 23, 2001 i Officer Chesniey Badge#1303 Richmond Police Department I Commissioner Robert L. Broughton Superior Court Of Contra Contra County Retired Judge Allen Hedegard All of the other Public Oflicials whlo ignored my Declared Constitutional Rights and tried to force me into their Jurisdiction; these individuals were mentioned in the Redress Of Grievance sent to them September 13, 2000. (copy inclosed) Because of the similarities in the two Affidavits and to the fact that I did not list a chronological list of violations in my first Petition dated September 13, 2000..., I will list the events in this petition before I Record Both Petitions with the Secretary Of State and the County of Contra Costa and the County of Alameda. PLAIN STATEMENT .OF FACT: Response BY AFFIDAVIT to Letter January 18, 2001 i In this state I am declaring what happened with Officer Chesniey#1303 and Commissioner R.L. Broughton. On a separate sheet of paper will be the plain statements of fact concerning the Redress of Grievance in behalf of my experience with the Public Officials mentioned on September 13, 2000. (copy inclosed) I Mizraim Mohammed El was pulled over by Richmond Police Officer Chesniey 91303 on 10-10-00 on Carlson and Bayview in Richmond. Ignoring My Moorish Plate and my LEGAL NOTICES taped on the back of my red van..., The Officer demanded my driver's license. I promptly declared that I was one who did not need such documents... I showed him my Moorish Identification. The Officer Ignored all documents presented to him. ALL DOCUMENTS PRESENTED TO HIM WAS IN STRICT ACCORDANCE WITH CONSTITUTIONAL LAW WHICH IS THE SUPREME LAW OF THE LAND. After his refusal to recognize the law he demanded that I sign a citation AGAINST MY FREE WILL, and used THREAT by saying if I did not sign the ticket he would take me to jail. I was afraid he would draw his weapon and possible shoot me or my wife who was in the car at the time so I signed the ORIGINAL TICKET under duress and in protest to his communistic actions with UCC 1-207.., which declares that I DO NOT waive my rights even when "a knife or gun" (threat) is present and I am forced to sign a document that would incriminate me even though I am NOT A CRIMINAL and performed NO CRIMV INAL ACT! Soon after I received a computer printout demanding that I appear and pay.. I ANSWERED THAT COMPUTER PRINTOUT dishonoring it under the Uniform Commercial Code Book one section 207. In the past I have sent tickets back.., dishonoring them under UCC 3-505. For ticket Number 34-45781 I declare the same in this package... On January 18, 2001, Robert L. Broughton sent to the Temple a letter stating that the Court received and filed my dishonor BUT the Court ignored it backed by the Commissioner. Knowing that My rights were violated and after being ignored and told over and over again to get an attorney or see the public defender I got tired and I took Commissioner R.L. Broughton to Small Claims Court 1-31-00 for ignoring Constitutional Rights declared by Mizraim Mohammed El. Judge Allen Hedegard Presided over case BS039516.., dismissing it and I do not remember the reason why? Yet The Commissioner in his defense NEVER ONCE said that he was wrong in his actions. The Commissioner simply declared immunity because of his office. I have the copy of his defense. As stated in the letter sent to me by the Commissioner I have had other tickets that I have Dishonored in the past with this Court. I have in my possession Personal Letters sent to me by Commissioner Broughton,.Judge Peter A, Berger. Each time these two individuals ignored my Constitutional Status and lowered my status to mere chattel. I will continue to Assert my rights until the Supreme Court Changes Its Laws and The Constitution is Dropped OR until Justice is won by the afflicted. "I WOULD NOT DECLARE WHAT I DECLARE IF IT WERE NOT IN THE LAW BOOKS!" CITY OF RICHMOND•POLICE DEPARTMENT Mi7ddT1EN10f NOTICE TO APPEM ❑TraFfic ❑TJ—T,-w- 34= 4 5 7 8 Ivit ,cv nl-rl oAM D., WffR rwuNo. IIA S M T 7 /7 1 3 . NAME 613T,.00�.��/'f I Y►'1 0 �t�'�/, S R �IVEN.CODE.S.Fm I1C.NO. N_• —, DATE / Z/L 17 vIE1.uc.No.OR v►, I�-+ D EOMRYlGI MMp! ' W.CODE.1 1321 ON I Llq i i'- OF F.&ANCw tESrQR6)6t¢71, ,/�`�/ ('� ryEri CODE 13531 UW EO OWNER d LESSEE E. AS D11ret t ss sAAE As DwDI On' a cm eE VKXATION NEN.C .1 Ap6Iq k)OQNG UQLNtED M6DtML kCt1 OR a V '°t AC„ON KACIq o a o IZS�D Q ✓ /Vo pq tS M . 1 0Leo 2 ti VAT. M I ,. M _ 1 F �� D ❑ _1� N �' N MA f o" rz Y ""W"" COMMENTS DAcrnort S �. ❑Vg1A1gN3 NOT COMMITTED IN MT HESENCE.OECEAREO ON Nw. I D(CW E L*Cft KNAM OI/KEAAV ENDER THE NWS OI TIE IRATE CA{Fp THE 1OR[G011G 6 TRJE Mq COMIC AuISTMOfOlVZOMCII-RAW MWE/ D S OFF VACATION wIFs —To� Y N4 01 mlfMc OHMt0•NAtM 1W1+OTW ORRR:FR .I �L►OW, Rt01AgUe1 N: ON oe SFEORE TTas DAiE_ / /T-f*mpF7 AM O hA : DO:Ol OW TME-37rN TIM.1S ON THE REVERSE. . RE:SU/ERIOR CONL 100-37M SIEEL EO4Ro•ID.U OA103. 171. ' NOLSS:MONDAY,MSEML TKASDAT,MAY 1.90 AM TO 4:00/ Yw E OD AM TO 3.00 IM 1.' CLOSED SAIADAT,SEIIAAY MID NOEOAn Q TO RE NOTIED IT AMNRE COUtf Nao a Appo b1.,.,,,..d N ti Asea ca.d a GiE11.a Eu wEm Rw 01 a1-00 N.1.Cad.,%A0500111..0113114 A=AUM;E•s C.d..S IS7 01 iR•17O Through Special Appearance I am demanding that The Court Prove its Jurisdiction over me and produce the evidence it has against me. Commissioner R.L. Broughton has used a consistent process of Harassment and yet I have NEVER waived my Constitutional Rights. Is this man declaring that I am a "Negro" and Negroes have no rights Under the Dred Scott Supreme Court Decision? If I do not have rights that the White Man does not recognize let him declare this in a signed letter and send it to me stating that "in his eyes", I am a Nigger and have no rights.... From the beginning of my ordeal of seeking Justice under the Constitution I have never given up my KNOWN rights. Let the court PROVE that I have no rights and all that I have filed will be null and void of Merit. I Mizraim Mohammed El, Declare and dispose as follows: Dear Sir, I have received your letter of January 18, 2001 requesting me to appear February 23, 2001. Are the California Rules Of Court applicable to the Supreme Law of the Land for Pro se litigants first and foremost.., as well as those with attorneys? By the issuing officer's words and deeds and your words in your letter, you have attempted to place me within a Category or classification which denies me of my Constitutional rights. By refusal to address the specific issue of my sovereign citizenship status and my constitutional Rights. I attest that I have NEVER agreed at any time to waive any of my Constitutional Rights. 1)Due Process requires a general matter,an opportunity to be heard at meaningful time and in a meaningful manner. 2)Citizens must be afforded due process before deprivation of life, Liberty,or property.ANTHONY v.INTERFORM CORP.96 F 3d 692(3rd Cir,1996)MATTHEWS v.ELDRIDGE 424 US 319.333:47 Led 2d 18.96 Sct,1187(1965 When government actions deprives a person of We,liberty,or property without fair procedures,it violates procedural due process" US v DETERS 143 F 3d 577 (10th Or. 1998) 3. I am indeed sorry,if I have misunderstood the rules,or perhaps you require me to prove that I have constitutionally protected rights.In either case,I am not an attorney only a laborer and if the complaint was not the proper place to exhaust my administrative remedies then so be it. I attest that I am a Sovereign Citizen without nexus to the Federal U.S.Bankruptcy. (Pursuant to IiJR 192(June 6, 1933)Title 12 USC 95(a)(b)and other executive orders) 1)Supremacy clause establishes federal law as the supreme law of the land. US v ALASKA PUBLIC UTILITIES COMM.23 F 3d(9th Cir.1994) Complaint should be dismissed unless it appears beyond doubt that plaintiff can prove no set of facts which would entitle him to relief. US EX REL THOMPSON V COLUMBIA HCA HEALTHCARE CORP. V.O.R. CONCEPTS. tNC. 69 F 3D 785(7th Cir. 1995) uet irc.,t(POWPu nnn 114C "to zn r rM-)rAc) 01 c_. Cn. � Principal of equal protection applies to government action in civil and criminal matters, EDMONSON v LEESVILLE CONCRETE CO. INC. 860 F 2D 1308 (5th Cir 1988 Court should give freely give complaint, especially pro se compliant, leave to Ammend defective alligations in pleadings. MacCLELLON v LONE STAR GAS CO. 66 F 3 d 98(5th Cir 1995 Courts will go to particular pains to protect pro se litigants against consequences Of technical error if injustice would otherwise result. US v SANCHEZ 88F 3d 1243 (D.C. Cir. 1990 Pro Se litigants is allowed some degree of flexibility in pleading his action BOGUSLAVSKY v KAPLAN 159 F 3d715(2nd Cir 1999) Pro Se plaintiffs enjoy benefit of a liberal construction of their pleadings and filings. BOSWELL v MAYER 169f 3D 384(6th Cir 1999) Pro Se litigants pleadings are to be construed liberally and held too less stringent Standards than formal pleadings drafted by lawyers. If court can reasonably read pleadings to state valid claim on which litigants could Prevail, it should do so, despite failure to cite proper legal authority, confusion Of legal theories, poor syntax and sentence construction, or Litigants unfamiliarity with pleading requirements. TAPIA-ORTIZ v. DOE 171 F 3D 150(2 d Cir. 1999), SPENCER v. DOE 139 F 3d 107(2d 1999), BOAG v MacDOUGAL 454 US 364, 70 LED 2d 551.102 Sct.700(1982)HAINES v KENNER 404 US 519 30 LED 2d 652 92 SCT. 594 (1972) 4. 1 attest that I am not involved in commercial activity upon the public highways. Nor am I an employee, agent or individual contracting with the state. 1) The rule is firmly established that the right of a citizen of one state to pass into Any other state of the Union....... Without molestation [restriction] is secured and protected by the United States Constitution. 16 AM JUR 2d SEC. 607 pg.550 6. The right of a citizen to travel upon the highways and to transport his property thereon, either by carriage or by automobile is not a mere privilege which a City may prohibit or permit at will, but a common right which he has under the Right to life, liberty, and the pursuit of happiness THOMPSON V SMITH 154 SE All citizens of the United States Of America have a right to pass and repass Through every part of it without interruption, as freely as in their Own State. SMITH v TURNER 48 US 83.12 L Ed 702. Also in CRANDALL v NEVADA 74 US 35 18 Ed 745 That this ruling is consistent with the inferences drawn from the Constitution. SHAPIRO V THOMPSON 394 US 618, 22L Ed 2d 600.89 Sct 1322 OREGON V MITCHELL 400 US 112.27 L Ed 2D 272.92 G.M. LEASING CORP. V UNITED STATES. 429 US 338 BIGELOW v VIRGINIA 421 US 209, 309 TRAVIS v YALE & TOWN MARKETING COMPANY 252 US 60 For while the citizen has a right to travel upon the public highways and to Transport his property thereon,that right does not extend to the use of Highways, either in whole or in part, as a place for private commercial gain. For the latter purpose, no person has a vested right to use the highways of The state, but it is a privilege or license which the legislature may grant or Withhold at its discretion. STATE v JOHNSON 243 P. 1073. 1078.1 For other court cases defining the differences between the citizens unrestr- icted, unregulated, right to travel and the regulated privilege of using trans- portation as a means of commercial profits, see BARNEY v BOARD OF RAILROAD COMMISSIONERS, STATE v CITY OF SPOKANE, 186 P. 864,Ex Parte DICKSON The California Motor Vehicle Codes do not impose mandatory registration Fees on NON-COMMERCIAL PASSENGER vehicles and also do not Impose mandatory licensing requirements on sovereign private citizens of The state. Remember, the Cor-ruporate"state of is merely the corrupt Offspring of the of the CORPORATE UNITED STATES government. Like the state FRANCHISE TAX LAWS, which are related to "drivers of Vehicles upon the highways, are limited to those subjects within federal State enclaves and to government employees. State of California Motor Vehicle Code, Section 21052 "the provisions of this code, applicable to the drivers of vehicles while engaged in the course of employment by this State, any Political subdivision thereof, any municipal corporation or any district"..... Throughout the D..M.V. Code.., the term "in this state" and "in the State"are consistently being utilized. Section 6017 of the California Revenue and Taxation Code defines These terms: "In this State" or"in the State"means with the exterior Limits of the state of California and includes [only] all territory within these limits owned by or ceded to the UNITED STATES" According to the 1994 D..M.V. Code, Section 260(a) "A commercial vehicle is a vehicle of a type required to be registered under this code, used or maintained for the transportation of persons for hire, compensation or profit or designed, used or maintained for the transportation of property." Section, 260(b) "Passenger vehicles which are not used for the transportation of persons for hire, compensation, or profit and house cars are not commercial vehicles." Section 464, specifically describes the person who is required to have a drivers license, "A passenger transportational vehicle"is any vehicle including a trailer bus designed, used or maintained for carrying more than 10 persons including the driver, which requires the person to have in his immediate possession a valid drivers license." Section 465. "A passenger vehicle is any motor vehicle, other than a Motor truck or truck tractor, designed for not carrying not more than 10 persons including the driver, and used or maintained for the transportation of persons. The term, "passenger vehicle" shall include a housecar. Note the conspicuous absence of, "which requires the person to have in his or her possession a valid drivers license: the only reasonable conclusion that can be reached is that, our passenger vehicles that you and I travel in are free form licensing requirements. In fact, when any officer, agent, employee, attorney, or judge, refers to the privileges of driving in this state, they're referring to those who have waived they're Constitutional rights for said privileges and accepted the requirements of registration, license, insurance etc. "Under the color of law. " 5. A secret state of War exist between the Federal United as defined at 28 USC 3002,(15) A Federal Corporation;and the compact party de-facto States, with the dejure people and the free inhabitants of the several States, as declared pursuant to Title 50 USC Trading with the Enemy Act/War Powers Act, modifying 5(c) of said Act, to date, pursuant Title 3 Code of Federal Regulations, January 1, 1997. California's attorneys and judges have secretly moved upon the people as a cause debendi, by unannounced implies assent, in deliberate breach of Original Jurisdiction into a bifurcated Private Law form,by inducement. All judges of nisi pries legislatively statutory created courts are operating in Title 1 courts, Title.IV courts....courts of Private International Law, Admiralty Maritime, martial rule, contract and limited jurisdiction, and as such are courts of contract only of ministerial administrative capacity, robed to hide, conceal and otherwise disguise their true identity as commissioners of and in the bankruptcy, as collection agents of the hypothecated debt placed upon the labor and assets of the free American people, through ongoing deliberated orchestrated dolus. Since a secret state of war exist between the Federal United States and the De jure free men, inhabitants, or citizens-Citizens of the several States, We are brought before the courts by threats, duress, force, extortion, coercion, misinformation, concealment, fraud, deceit, kidnapping, unlawful detainer,conversion, trespass, libel, slander, or other acts of unconstitutionality and is before the court as an unwilling belligerent party, a prisoner of war,a political prisoner, under acts of international terrorism viewed by the court as a cesiui que trust. The Declaration of Independence and the Constitution for the United States of America Are jointly the contracts of specific performance between the U.S. Citizens as the parties on one side and the U.S. Government, its officers, agents, employees and subcontractors as the parties on the other side of the agreement. (The Declaration of Independence served the legal purposes of making a"Solemn Recognition of Mixed War, "which is a Military Lien Right.) By the equal application of the law, every commercial and social lien right that tax financed public officials exercise or enforce against tax paying citizens, provides tax paying citizens with an equal lien right that citizens can exercise or enforce against the tax financed public official. The government has a potential commercial lien right, to collect/levy taxes from the citizen for specific performances(services)rendered by the government for the citizen. When taxes are not paid by the citizen, then the citizen is in breach of contract, and the government has a lien right against the citizen. When the citizen intentionally evades the payment of taxes, then the governments lien rights extends to the right to seize a citizens personal property to pay the taxes. The citizen has a potential commercial lien right to collect/levy political specific performances(services)from the government. When the political specific performance(services)is not forth coming from the government, then the government is in breach of the contract and the citizen has the lien right against the government. When the public official deliberately violates the U.S. Constitution in the specific performance of his/her duties, then his/her act, being criminal in nature places, him/her outside the veil of corporate limited liability(immunity)and on his/her own personal liability, and then the citizens lien right for the breach of specific performance. (18 USC 241, 242, etc.) Any attempt by a public official to deliberately deny any citizen the equal protection of the law or to evade the provisions of the equal protection of the law, constitutes a breach of the Constitution for the United States of America, and constitutes a creation of either a commercial lien right, or a military lien right by the offending party. 16 AM JUR 2d 177 The general rule is that an unconstitutional statute though having the form And name of law, is in reality no law, but is wholly void, and ineffective For any purpose. Since an unconstitutional law is void, the general principle bestows no power or authority on anyone, affords no protection, and justifies no act bound to enforce it. An unconstitutional law cannot operate to supersede any existing valid law. Indeed, insofar as a statue runs counter to the fundamental law of the land(USA) it is superseded thereby. Any United States of American public office holder, owing allegiance by oath to the United States Constitution and its States Constitutions who, willfully, and knowingly give aid and comfort to those whose acts are subversive to the United States of America, and as such are destroying the Constitutional rights of the citizens(USA), destroying our children with mortgages and drugs, destroying and stealing our homes and property our churches(religious rights) our schools, businesses, our contracts, our constitutional monetary system and are working to overthrow our government, said acts are defined in the United States Constitution article 3 section 3, is punishable under, USC Title 18 Sec. 3.4. 2381, 2382, 2383. 2384 USC Title 18 Sec. 241, 242, USC Title 42 16 AM JUR 2d Sec. 108 The principle which permits the courts to pronounce an act of the Legislature null and void, because it conflicts with the provisions Of the Constitution has been declared to be one of the strongest barriers Ever devised against tyrannies of political assemblies. The United States Supreme Court has declared that it is the duty Of the Courts to be watchful for the Constitutional rights of the Citizens and against the stealthy encroachment thereon. Their Motto should be"obsta principiis"resist the beginnings. "If there be one thing more than others to be guarded against, encroachment to the federal and State Constitutions"... To dis obey them is to jeopardize fundamental rights and liberties of the people, imperil their welfare and happiness and to menace the very existence of government. (SAVILLE v CORLISS 46 UTAH 494. 51 P 51)see also BYARS v UNITED STATES, 275 US 28, 71 L ed 520 47 Set. 248, Boyd v UNITED STATES, 116 US 616. 29 L ed 746, 6 Sct. 524 46 AM JUR 2d Section 79.......on the other hand,judges of court both of general and limited jurisdiction whether or not activated by malice or corrupt and impure motives. The fact that the motive of the judge is impure and bad is considered only as aggravating the damages" 6. I attest that at the beginning of this legal experience I entered U.C.C. 1-207 and or U.C.C. 1-103. According to Book One section 207 of the Uniform Commercial Code "without prejudice"is sufficient NOTICE to anyone operating under the colorable authority. And persuant to U.C.0 1-103 the enforcement as a common obligation of a common agreement must be construded in harmony with the "old comma:law"of America. I again and again and again.., attest that my rights have been violated, both through my initial imprisonment and through the repeated denial of due process. Sir, with all due respect, this issue will not go away. A way will be found to bring Into light of day the wrongs that we have suffered. The issue will be heard in this court or in another court. CC 3523 "for every wrong there is a remedy" CC 3520 "no one should suffer by the act of another" CC 3539"Time does not confirm a void act" Under provisions of USC Title 18 Section 4, misprison is a felony, This court is now put on notice of fraud upon the court by the officers, attorneys for the defense,judges and others. I hereby demand a full investigation into this matter. This response to your statements and allegations is true, correct and complete, and not misleading. I the undersigned affiant, swear that the forgoing is truth, the whole truth, and nothing but the truth. Dated: / 1 -- CJC) By: �`i0" �'I �� 1 V 'zraim Mohammed El, Sui Juns U6< ^r "Y'7 SONIA VALDOVINOS rnComm.A 1192511 r(� u!*My NOTARY PUBLIC-CALIFORNIA V' Contra Costa County Comm. Expires Aug.7,2002 "a PLAIN STATEMENTS OF FACTS FOR SEPTEMBER 13, 2000 PETITION I have a copy of the facts which started me in the assertion of my newly known rights of which I was never taught. it is a follows: I o. Mizraim Mohammed El P.O. Box 1011 El Cerrito California PETITION FOR REDRESS OF GRIEVANCE BY COMMERCIAL AFFIDAVIT NOTICE OF CLAIM OF LIEN BY AFFIDAVIT OF OBLIGATION NOTICE OF RESERVATION OF RIGHTS TO CLAIM OFFICIAL BOND Mizraim Mohammed El reserves the right to claim the official bond or surety of any Public Officer whose Act(s)or failure(s) to act, results in tort damage to Mizraim Mohammed El. September 13, 2000 Honorable Maxine Chesny Richard E. Winnie Richard W. Wicking Acel Catu Sherry Borromeo Kristen J. Thomess Julie Conger Jennie Rhine Carol Brosnahan Ron Ranthmann Benjamin Stough J. Zitezalo Charles C. Plumber Dean Beaupre C.J. Meyers Bruce Smith Sheila Bastine Mike Nieto Thomas Orloff Ron Rantzmann George Barrett County of Alameda Plain Statement Of Fact: Response by AFFIDAVIT TO LETTER OF September 5, 2000. The Experiences I Had With AlamedA Courts't' k 1.11 ' '�.:'�".>. ".'-::'.='.:fir,•.::.:.,.'.:. ..r .:'.'. i�" '...: . May 19, 1997, I Mlzraim Mohammed El was written a ticket for driving without a,License. The issuing officer: J. Zitezalo Badge 414721. 1 did not know that I was to appear in court on the matter. When I•missed my court appearance the matter turned into an Alameda County Warrant#85088872i,.-.I.appeared in court before Commissioner Ron Rantzmann on April 21, 1998. I did not retain a Nblic Defender%At this court session I was asked if I got a licenses. I sent a Certified piece of matt with my.Notice of Dishonor in my defense to the District Attorney on Aprils 23, 1998. I gave the Commissioner a copy My defense which was the NOTICE OF DISHONOR Seeing that he did not have time to read it,I was given a new court date April 23, 1998 in Dept. 5. Being asked the same questions by Judge Carol Brosnahan I•questioned if she had my Notice of Dishonor. She replied in the negative and I was given another Court date of April 27, 1998. Before I appeared on that day I Sent a Certified Copy of The Notice of Dishonor to the District Attorney of Alameda County, who received it on the 27th of April. the Court Clerk had a copy, the Bailiffhad a copy for Judge Carol Brosniahan on April 27. Knowing that this Judge has a copy, she ignored it and gave me a new court I date of May 22, 1998. Before this court Date, I Officially filed a Copy of the Notice of Dishonor with the general court Clerk on May 15, 1998, SO THERE WOULD BE NO EXCUSES that they did not have or review my Defense. When May 22 came 11 went before yet another Judge Jennie Rhine who ignored the Officially Filed Document in my defense claiming that she did not have it in my file and demanded that I enter a plea and get ready for trial. I questioned the need for Trial when there was no injured party nor witnesses. Judge Rhine again demanded that 1 enter)a plea; when I refused she violated my rights and entered a plea against my will of"Not Guilty", and gave me a new court date of June 26, 1998. I straight away went downstairs to the court clerks office and questioned why my Defense Document was not with my file when I went to court today. The head Clerk claimed she did not know and decided to call the court I just came from I to see what was the problem. We found out that THEY DID have the document all along! Mad, I asked to speak to someone that Manages the Court. I was referred to Benjamin D. Stough who is the Trial Court Administrator of Alameda County. In talking to him I related that I was tired to all the Hassles of the Court •i :H$ `tea'7 �!�n - 1. }�.'p , .;+. Sys-:err}. He seemed to understand and asked what was the reason Iwas to court Ittold hrn. ,He suggested that I get a public defender. I told him I did not need one... He said why. I stated that I was a Constitutional Advocate, and that I asserted my common law rights and not statutory privileges.When I opened this can of worms he immediately turned me off and stated that people like you will never get any help and asked me to leave his office. Being that this (will be) about the sixth time that I will be going to court for this minor problem was beginning to seem like Abuse of Prosicutorial Power,interrogation tactics, and an attack or my very legal defense. I WAS TIRED! On June 26, 1998 I saw yet another Judge by the name of Julie Conger, who asked the usual questions as in the beginning. I responded the same letting her know that I did not need legal defense. I was able to defend myself. Judge Conger "strongly suggested" thatI speak to one of the public defenders present in court that day. Seeing that I would not, one of them approached me and I told them to leave me alone. He persisted and I DEMANDED that he leave me alone. Seeing that I was steadfast in my conviction Judge Conger set my case aside and got other cases completed. When she got back to me she told me to approach the bench. I would not as I told Judge Jennie Rhine. Yet Judge Conger went further than the previous Judge by telling Deputy G. Colbert Badge#1106 to force me to approach the bench. At this action I approached the bench to avoid unnecessary physical abuse. Judge Conger stated that she read my legal defense yet It meant nothing in my behalf. Questioning the District who was present what he thought, and he responded the same. She then asked if I was ready to go to trial. I questioned the need for trial. She reminded me that I entered a plea on my previous court date. I told her that I was "Forced" to enter a plea by Judge Jennie Rhine. Ignoring this she demanded that I answer her questions directly. I responded by saying that I did not understand. Stating 4 times that I did not understand caused her to label me a 1369 (mentally incompetent). She said to the public defender, "looks like we have a 1369.., don't you think so..?" The public defender replied, "yes your honor". I was immediately taken to the back by Deputy Colbert (Badge#1106), and ordered to start taking off my clothes shoe strings and rings and things. I questioned if and why I was being arrested. Deputy Colbert questioned the same. I was sitting in the back for a little while with my personal belongs placed in a bag with an officer watching over me,when a call i;owes into the office: Colbert answers it and finds out that the Judge wanted to give me another chance.. A man enters the room and hands Deputy Colbert a piece of paper. He reads it.., then looks at me. Colbert tells me that the Judge wants to see me.. I tells Colbert that I have been in court too many times for this minor matter and that I did not want to be harassed by this Judge again. Colbert persuaded me to do it. I agreed.. Half dressed..,I went back into court against my will. As I looks into the room, I saw nobody in the audience, and I do not remember seeing the clerk typist. The only people I saw was the Judge,the public defenders, and a few lawyers.. Judge�Coghen looked me in my eyes and raised her voice saying, "Look Mr. EL., I am prepared to drop this diIf you will just "tell me" that you will get a license!" That did it..., I responded, "You are harassing me.., please stopl" At that point the Judge told the deputy, "take him in!", She also stated that I will not be released until I see 2.:,.'.' mental doctors in the Alameda County System. I was searched and about 3:00 I was taken to North County Jail. There I had to Strip all the way down and put on a red suit. I waited for 4 hours in a holding cell before I was seen by anyone or for them to decide where and how to classify me. I was labeled mental. The nurse finally saw me. Because of my religion and Nationality I told her that i did not take"shots"upon request of me taking a T.B. Shot. The Deputy standing Guard retorted, "If you will not take the shot, we will put you in solitary confinement." Not knowing what that entailed I accepted it. I was placed for 5 days in cell 16 on the second floor of the jail. I was not allowed to come out for shower, phone or anything. Being in that stagnation state of affairs I demanded that some body come to tell me what was going on. That happened on the 5 day. I agreed to take the shot on 6-29-98. Even after taking the shot, they left me in that cell 2 more days.... After this I was placed in cell 7 on the 4th floor. I stayed there under a no bail warrant until July 7- my 13th day in jail. I was forced to see a counselor during the 13 day span. After that I thought I was going home when a Deputy came and told me to gather my things and get ready to leave. I asked where I was going. He stated that I was going to Santa Reta Jail in Dublin. I was shipped to Stanta Reta into the Maximum Security Psyche Ward. I was in Section 9-D-9. (Cell 9 - Pod D- Department 9 West). I was forced to see a Clinical • '. . .. ..•N:!♦Vii.{._ .. _ .. ' ` -'.'!. _.'.. .�.' ,1.•'x.7 1 m[� 41' Psi-,hnlogist which took 3 weeks to see. George Barrett,M.S. saw me for less than 3 minutes and told me he would see me again in 2 weeks and I NEVER SEEN NOR HEARD OF HIM SINCE. His phone Number is 510-667-3900 at the Criminal Justice Mental Health Program of Alameda 2060 Fairmount Drive, San Leandro, CA. I was not a Criminal. I shared a cell with a registered mental patient that takes medication and talks to himself all hours of the night and jumps in and out of bed and talks to the wall and the door, and the floor. HIS NAME AND PRISON FILE NUMBER WAS [Mario Cobbs#AUL 958] While in this High Security section..., AND being that I do not have a criminal record nor a history of mental illness I know that my safety was threatened and I could not sleep KNOWING that I have no felony record and yet I was placed in a cell with someone that has a history of mental illness among other possible criminal experiences of which he was convicted. I was in this cell for about 13 days with him I stayed in Jail 37 days in total. From June 26, 1998 to July 31, 1998 All in All I have been to court 16 times. My Prison File Number was BAI 969 I Mizraim Mohammed El, declare and depose as follows: Dear Sir, I have recieved your letter of September 5,2000 requesting my input to a joint case management conference, scheduled for September 22, 2000. 1. From your statements on page 2 line 27 and 28, you have decided that my complaint has no merit or is res judicata. 2. By the arresting officer's words and your words, you have attempted to place me within a category or classification, which denies me of my Constitutional rights. By refusal to address the specific issue of my sovereign citizenship status and by denying me the right to be heard by a jury of my peers, you continue to deny my Constitutional rights. I attest that I have NEVER agreed at any time to waive any of my Constitutional Rights. 1) Due Process requires a general matter, an opportunity to be heard at meaningful time and in a meaningful manner. 2) Citizens must be afforded due process before deprivation of life, Liberty, or property. ANTHONY v. INTERFORM CORP.96 F 3d 692(3rd Cir,1996)MATTHEWS v. ELDRIDGE 424 US 319.333: 47 Led 2d 18.96 Sct.1187(1965 When government actions deprives a person of life, liberty, or property without fair procedures,it violates procedural due process" US v DETERS 143 F 3d 577 ( 10th Cir. 1998) 3. I am indeed sorry, if I have misunderstood the rules, or perhaps you require me to prove that I have constitutionally protected rights.In either case,I am not an attorney only a laborer and if the complaint was not the proper place to exhaust my administrative remedies then so be it. I attest that I am a Sovereign Citizen without nexus to the Federal U.S.Bankruptcy. (Pursuant to HJR 192(June 6, 1933)Title 12 USC 95(a)(b)and other executive orders) 1)Supremacy clause establishes federal law as the supreme law of the land. US v ALASKA PUBLIC UTILITIES COMM.23 F 3d(9th Cir. 1994) Complaint should be dismissed unless it appears beyond doubt that plaintiff can prove no set of facts which would entitle him to relief. US EX REL THOMPSON V COLUMBIA HCA HEALTHCARE CORP. V.O.R. CONCEPTS. INC. 69 F 3D 785 (7th Cir. 1995) HANES v KERNER 404 US 519 30 LED 2D 652. 92 Set. 594 (1972) Principal of equal protection applies to government action in civil and criminal matters, EDMONSON v LEESVILLE CONCRETE CO. INC. 860 F 2D 1308 (5th Cir 1988 Court should give freely give complaint, especially pro se compliant, leave to Ammend defective alligations in pleadings. MacCLELLON v LONE STAR GAS CO. 66 F 3 d 98(5th Cir 1995 Courts will go to particular pains to protect pro se litigants against consequences Of technical error if injustice would otherwise result. US v SANCHEZ 88F 3d 1243 (D.C. Cir. 1996) Pro Se litigants is allowed some degree of flexibility in pleading his action BOGUSLAVSKY v KAPLAN 159 F 3d715(2nd Cir 1999) Pro Se plaintiffs enjoy benefit of a liberal construction of their pleadings and filings. BOSWELL v MAYER 169f 3D 384(6th Cir 1999) Pro Se litigants pleadings are to be construed liberally and held too less stringent Standards than formal pleadings drafted by lawyers. If court can reasonably read pleadings to state valid claim on which litigants could Prevail, it should do so, despite failure to cite proper legal authority, confusion Of legal theories, poor syntax and sentence construction, or Litigants unfamiliarity with pleading requirements. TAPIA-ORTIZ v. DOE 171 F 3D 150(2 d Cir. 1999); SPENCER v. DOE 139 F 3d 107(2d 1999), BOAG v MacDOUGAL 454 US 364, 70 LED 2d.551.102 Sct.700(1982) HAINES v KENNER 404 US 519 30 LED 2d 652 92 SCT. 594 (1972) 4. 1 attest that I am not involved in commercial activity upon the public highways. Nor am I an employee, agent or individual contracting with the state. 1)The rule is firmly established that the right of a citizen of one state to pass into Any other state of the Union....... Without molestation [restriction] is secured and protected by the United States Constitution. 16 AM JUR 2d SEC. 607 pg.550 6. The right of a citizen to travel upon the highways and to transport his property thereon, either by carriage or by automobile is not a mere privilege which a City may prohibit or permit at will, but a common right which he has under the Right to life, liberty, and the pursuit of happiness THOMPSON V SMITH 154 SE All citizens of the United States Of America have a right to pass and repass Through every part of it without interruption, as freely as in their Own State. SMITH v TURNER 48 US 83.12 L Ed 702. Also in CRANDALL v NEVADA 74 US 35 18 Ed 745 That this ruling is consistent with the inferences drawn from the Constitution. SHAPIRO V THOMPSON 394 US 618, 22L Ed 2d 600.89 Set 1322 OREGON V MITCHELL 400 US 112.27 L Ed 2D 272.92 G.M. LEASING CORP V UNITED STATES. 429 US 338 BIGELOW v VIRGINIA 421 US 209, 309 TRAVIS v YALE & TOWN MARKETING COMPANY 252 US 60 For while the citizen has a right to travel upon the public highways and to Transport his property thereon, that right does not extend to the use of Highways, either in whole or in part, as a place for private commercial gain. For the latter purpose, no person has a vested right to use the highways of The state, but it is a privilege or license which the legislature may grant or Withhold at its discretion. STATE v JOHNSON 243 P. 1073. 1078.1 For other court cases defining the differences between the citizens unrestr- icted, unregulated, right to travel and the regulated privilege of using trans- portation as a means of commercial profits, see BARNEY v BOARD OF RAILROAD COMMISSIONERS STATE v CITY OF SPOKANE. 186 P. 864, Ex Parte DICKSON The California Motor Vehicle Codes do not impose mandatory registration Fees on NON-COMMERCIAL PASSENGER vehicles and also do not impose mandatory licensing requirements on sovereign private citizens of The state. Remember, the Cor-ruporate"state of"is merely the corrupt Offspring of the of the CORPORATE UNITED STATES government. Like the state FRANCHISE TAX LAWS, which are related to "drivers of Vehicles upon the highways, are limited to those subjects within federal State enclaves and to government employees. State of California Motor Vehicle Code, Section 21052 "the provisions of this code, applicable to the drivers of vehicles while engaged in the course of employment by this State, any Political subdivision thereof, any municipal corporation or any district"..... Throughout the D..M.V. Code.., the term"in this state" and "in the State" are consistently being utilized. Section 6017 of the California Revenue and Taxation Code defines These terms: "in this State" or"in the State" means with the exterior Limits of the state of California and includes [only] all territory within these limits owned by or ceded to the UNITED STATES" According to the 1994 D..M.V. Code, Section 260(a) "A commercial vehicle is a vehicle of a type required to be registered under this code, used or maintained for the transportation of persons for hire, compensation or profit or designed, used or maintained for the transportation of property." Section, 260(b)"Passenger vehicles which are not used for the transportation of persons for hire, compensation, or profit and house cars are not commercial vehicles." Section 464, specifically describes the person who is required to have a drivers license, "A passenger transportational vehicle"is any vehicle including a trailer bus designed,used or maintained for carrying more than 10 persons including the driver, which requires the person to have in his immediate possession a valid drivers license." Section 465,"A passenger vehicle is any motor vehicle, other than a Motor truck or truck tractor, designed for not carrying not more than 10 persons including the driver, and used or maintained for the transportation of persons. The term, "passenger vehicle" shall include a IL ' f housecar. Note the conspicuous absence of, "which requires the person to have in his or her possession a valid drivers license: the only reasonable conclusion that can be reached is that, our passenger vehicles that you and I travel in are free form licensing requirements. In fact, when any officer, agent, employee, attorney, or judge, refers to the privileges of driving in this state, they're referring to those who have waived they're Constitutional rights for said privileges and accepted the requirements of registration, license, insurance etc. "Under the color of law. " 5. A secret state of War exist between the Federal United as defined at 28 USC 3002,(15) A Federal Corporation; and the compact party de-facto States, with the dejure people and the free inhabitants of the several States, as declared pursuant to Title 50 USC Trading with the Enemy Act/War Powers Act, modifying 5(c) of said Act, to date, pursuant Title 3 Code of Federal Regulations,January 1, 1997. California's attorneys and judges have secretly moved upon the people as a cause debendi, by unannounced implies assent, in deliberate breach of Original Jurisdiction into a bifurcated Private Law form, by inducement. All judges of nisi pries legislatively statutory created courts are operating in Title I courts, Title IV courts....courts of Private International Law, Admiralty Maritime, martial rule, contract and limited jurisdiction, and as such are courts of contract only of ministerial administrative capacity, robed to hide, conceal and otherwise disguise their true identity as commissioners of and in the bankruptcy, as collection agents of the hypothecated debt placed upon the labor and assets of the free American people, through ongoing deliberated orchestrated dolus. Since a secret state of war exist between the Federal United States and the De jure free men, inhabitants, or citizens-Citizens of the several States, We are brought before the courts by threats, duress, force, extortion, coercion, misinformation, concealment, fraud, deceit, kidnapping, unlawful detainer,conversion, trespass, libel, slander, or other acts of unconstitutionality and is before the court as an unwilling belligerent party, a prisoner of war, a political prisoner, under acts of international terrorism viewed by the court as a cesiui que mist. The Declaration of Independence and the Constitution for the United States of America Are jointly the contracts of specific performance between the U.S. Citizens as the parties on one side and the U.S. Government, its officers, agents, employees and subcontractors as the parties on the other side of the agreement. (The Declaration of Independence served the legal purposes of making a"Solemn Recognition of Mixed War, `which is a Military Lien Right.) By the equal application of the law, every commercial and social lien right that tax financed public officials exercise or enforce against tax paying citizens, provides tax paying citizens with an equal lien right that citizens can exercise or enforce against the tax financed public official. The government has a potential commercial lien right, to collect/levy taxes from the citizen for specific performances(services)rendered by the government for the citizen. When taxes are not paid by the citizen, then the citizen is in breach of contract, and the government has a lien right against the citizen. When the citizen intentionally evades the payment of taxes, then the governments lien rights extends to the right to seize a citizens personal property to pay the taxes. The citizen has a potential commercial lien right to collect/levy political specific performances(services)from the government. When the political specific performance(services)is not forth coming from the government, then the government is in breach of the contract and the citizen has the lien right against the government. When the public official deliberately violates the U.S. Constitution in the specific performance of his/her duties, then his/her act, being criminal in nature places, him/her outside the veil of corporate limited liability(immunity)and on his/her own personal liability, and then the citizens lien right for the breach of specific performance. (18 USC 241, 242, etc.) Any attempt by a public official to deliberately deny any citizen the equal protection of the law or to evade the provisions of the equal protection of the law, constitutes a breach of the Constitution for the United States of America, and constitutes a creation of either a commercial lien right, or a military lien right by the offending party. 16 AM M 2d 177 The general rule is that an unconstitutional statute though having the form And name of law, is in reality no law, but is wholly void, and ineffective For any purpose. Since an unconstitutional law is void, the general principle bestows no power or authority on anyone, affords no protection, and justifies no act bound to enforce it. An unconstitutional law cannot operate to supersede any existing valid law. Indeed, insofar as a statue runs counter to the fundamental law of the land(USA) it is superseded thereby. Any United States of American public office holder, owing allegiance by oath to the United States Constitution and its States Constitutions who, willfully, and knowingly give aid and comfort to those whose acts are subversive to the United States of America, and as such are destroying the Constitutional rights of the citizens(USA), destroying our children with mortgages and drugs, destroying and stealing our homes and property our churches(religious rights) our schools, businesses, our contracts, our constitutional monetary system and are working to overthrow our government, said acts are defined in the United States Constitution article 3 section 3, is punishable under, USC Title 18 Sec. 3,4, 2381, 2382`_ 2383. 2384 USC Title 18 Sec. 241 242 USC Title 42 r , ' 16 AM JUR 2d Sec. 108 The principle which permits the courts to pronounce an act of the Legislature null and void, because it conflicts with the provisions Of the Constitution has been declared to be one of the strongest barriers Ever devised against tyrannies of political assemblies. The United States Supreme Court has declared that it is the duty Of the Courts to be watchful for the Constitutional rights of the Citizens and against the stealthy encroachment thereon. Their Motto should be"obsta principiis"resist the beginnings. "If there be one thing more than others to be guarded against, encroachment to the federal and State Constitutions"... To dis obey them is to jeopardize fundamental rights and liberties of the people, imperil their welfare and happiness and to menace the very existence of government. (SAVILLE v CORLISS 46 UTAH 494. 51 P 51) see also BYARS v UNITED STATES. 275 US 28. 71 L ed 520 47 Sct. 248, Boyd v UNITED STATES, 116 US 616 29 L ed 746. 6 Sct. 524 46 AM JUR 2d Section 79....."on the other hand,judges of court both of general and limited jurisdiction whether or not activated by malice or corrupt and impure motives. The fact that the motive of the judge is impure and bad is considered only as aggravating the damages" 6. I attest that at the beginning of this legal experience I entered U.C.C. 1-207 and or U.C.C. 1-103. According to Book One section 207 of the Uniform Commercial Code "withow prejudice"is sufficient NOTICE to anyone operating under the colorable authority. And persuant to U.C.0 1-103 the enforcement as a common obligation of a common agreement must be construded in harmony with the "old common law"of America. I again and again and again.., attest that my rights have been violated, both through my initial imprisonment and through the repeated denial of due process. Sir, with all due respect, this issue will not go away. A way will be found to bring Into light of day the wrongs that we have suffered. The issue will be heard in this court or in another court. CC 3523 "for every wrong there is a remedy" CC 3520 "no one should suffer by the act of another" CC 3539 "Time does not confirm a void act" Under provisions of USC Title 18 Section 4, misprison is a felony, This court is now put on notice of fraud upon the court by the officers, attomeys for the defense,judges and others. I hereby demand a full investigation into this matter. This response to your statements and allegations is true, correct and complete, and not misleading. I the undersigned affiant, swear that the forgoing is truth, the whole truth, and nothing but the truth. Dated: �.�- 0o By: SOMA VAtDOVIzraim Mohammed El, Sui Juris t/6� -r ---.)7... NOS N Comm.91192511 to NOTARY PUBLIC•CALIFORNIA Y' Contra Costa County My Comm. Expires Aug.7,2002 "+ a PLAIN STATEMENT OF FACT SEPTEMBER 13, 2000 I possess two cases in which I filed a Notice of Dishonor AND sent a certified letter to The Board Of Supervisors and the cases were dismissed: San Francisco Department Of Parking Citation Division Citation #942203150 and Citation #946164940 2-15-2000 THE MUNICIPAL COURT TRAFFIC DIVISION SAN FRANCISCO CALIFORNIA TICKET # 081224441 4-27-99 My NOTICE OF DISHONOR AND NOTICE OF BRIEF OF REGISTRATION AS EVIDENCE OF CONSENT PLAIN STATEMENTS OF FACTS SEPTEMBER 13, 2000 After my Release from Jail with no time served on the books, I proceeded to file a Lawsuit against the people who were instrumental in the unlawful actions taken against me. Before I filed the actual lawsuit I filed Claim 499-130 with Alameda Board Of Supervisors which was denied By Risk Management March 10, 1999. I Filed a lawsuit in United States District Court June 19-2000 against the Persons mentioned in my Commercial Affidavit dated September 13, 2000. This Lawsuit was dismissed on a minor technicality. I even Filed an Appeal to the 9th Circuit Court Of Appeals.., this was also Denied. I possess documents on all actions. And Through the freedom Of Information Act.., all records bearing the name Mizraim Mohammed El can be demanded from all Courts. o . � ' Founder Noble Drew March 16 1999 NOTATIONS San Francisco County Line ATTENTION: Board Of Supervisors SUBJECT: ASSERTED COMMON LAW RIGHTS Islam! I am Mizraim Mohammed El. 1 study the law. I assert my full sovereignty as a free and natural person in every court matter large or small. This case I am about to tell you is small. 1. I was forced to receive a ticket 9081224441 on 12/20/99 for registration. 2. I filed The Writ of Freeman'.s Right to Travel and A Notice of Dishonor— inclosed) ishonor...inclosed) [these were filed] Jan 26, 1999 in preparation for my court date of March 15, 1999. 3. I certified and mailed copies of the documents mentioned in 92 to District Attorney Teremce Hallinan 850 Bryant Street. 4. 1 never "agreed to appear" in court and yet I received a computer print out demanding that I appear. 5. On March 15, 1999 at 10:30 a.m. I appeared in Dept. A Traffic Division. I was called by Commissioner George P. Colbert, who tried to force me to enter a plea and give up my common right to exercise privacy and silence. When I refused to enter a plea(which would bring me into the jurisdiction to which he represents)HE IGNORED MY RIGHTS and entered a plea against my will. I have documents proving this. After all my filing.., as a Free National Citizen who exercises and asserts his constitutional and natural rights I am prepared to sue San Francisco Superior Courts, Commissioner P. Colbert P.O. Box 1011, EI Cerrito California 94530-1011 rage/- and ageand any other Public Entity that obstruct true Justice in the name of Constitutional Law and valid Supreme Court Decisions. I will be suing for Emotional Distress, Abuse of Process, Loss of Actual Earnings and Profits and Harrassment. I am a Good Citizen. I love Allah and my brotherman and I respect my fellowmen. I have never be on controlled substances. I have never been-on welfare. I have never be in jail for damaging property or violation of someone's person. I work everyday. In Alameda I asserted my common law rights as a True Citizen living under Constitutional laws. Because of my Stance I was asked to come to court 12 times for a small Issue. After the 12th time I was in court, THEY dismissed every charge they held against me. I am now in the process of a claim for personal injuries. I am prepared to do the same for the sake of true justice. The newspapers are littered with articles of police abuse and court abuse of process under the color of law. I am due to return to court 4/27/99 dept. A at 1:30 p.m. I hope you supervise this matter according to True Law under the Constitution. Sincerely, Mizraim Mohammed El UCC-1-207 Member Of The Moorish Science Temple Of America 0 n3 m # 4 ► # •� t %D tt+ # d r # V M i O t �•* # i U'• i p� tt1 # o r Q # + 17 �-' r + � w• 4 9 001 d t -{ it -+ a o ul ,� -0 ; r if } 3 + Wad Q oa o '� # # o coo °a i + o # 31 01 0 ,13 • i d � z� � � � C) `Z7co # t i • • ' �S,A N F A N C I S C O G COU&TiO ti :)!PT � _ a v' DEPARTMENT OF PARKING A TRAFFIC Parking Citation Division WILLIE LEWIS BROWN,JR.,MAYOR STUART R.SUNSHINE.EXECUTIVE DIRECTOR 04/05/1999 #002 . 98 MOORISH SCIENCE TEMPLE MIZRAIM EL 4 7710 PO BX 1011 EL CERRITO CA 94530 s Plate: CA614TNZ Your request for an administrative review of the parking citation(s) listed below is being processed. Due to an increased volume in the number of cases, we anticipate that there will be a delay before we are able to complete our review of your case. All processing on the citation(s) is suspended until our review is completed. This delay will not result in an increase in the fine for the citation(s) , nor will it affect your ability to contest the citation(s) before a hearing officer. Thank you for your patience. Citation number(s) : 942203150 946164940 Citation amount due $42 . 00 $42 . 00 (415)255-3900 1380 Howard St.,Suite 1000 San Francisco,CA 94103 DEPARTMENT OF PARKING A TRAFFIC C Parking Citation Division WILLIE LEWIS BROWN,JR.,MAYOR STUART R.SUNSHINE,EXECUTIVE DIRECTOR 02/15/2000 #050. 504 MOORISH SCIENCE TEMPLE MIZRAIM EL 4 7710 PO BX 1011 EL CERRITO CA 94530 Plate: CA614TNZ Thank you for your inquiry concerning the citations(s) listed below. We have reviewed your claim and found it to be valid, therefore, your citation(s) is/are being permanently dismissed. No further action on your part is required. If payment has been made and you would like to request a refund, please sign this form and return it to the Department of Parking and Traffic at the address listed above. You should Mark your envelope Attention: Refund Department. Please include a copy of your canceled check front and back, your credit card receipt or your cash receipt with your refund request. Upon receipt of your signed .request,the Department of Parking and Traffic will process your refund. A check, if due, will be sent to you within 30 days. Signature required for refund request Department of Parking and Traffic Citation number(s) : 942203150 946164940 Citation amount due $0.00 $0.00 (415)255-3900 1380 Howard St.,Suite 1000 San Francisco,CA 94103 r�ss, SUPERIOR COURT OF CALIFORNIA, COUNTY OF ALAMEDA Dept. No. 1 of Date: August 12, 1998 Hon. DEAN A. BEAUPRE. Judge Rhoda Nishiyama. Dep.Clk. Melanie Buerke, Reporter THE PEOPLE OF THE STATE OF CALIFORNIA Counsel appearing Gary Cummings, Deputy for Plaintiff District Attorney Plaintiff vs. Counsel appearing Pro Per for Defendant MIZRAIM MOHAMMED EL Probation Officer — Defendant appearing Deputy NATURE OF PROCEEDINGS: HEARING COMPETENCY 1368 PC No. 133147 (BAI969 8253352) Defencant is present. On Court's own motion, the Court orders 1368 proceedings terminated and criminal proceedings are reinstated. The Court further orders the appointment of Drs. Bruce Smith, Ph.D. and Sheila Basben, Ph.D.. on July 8. 1998 vacated and set aside. The Court further orders the misdemeanor charge of Section 14601.1(A) of the Vehicle Code dismissed. Matter is transferred back to the Berkeley/Albany Municipal Court. onSVfte CUL It AUG 17 1998 Mtxr W,�c+K o Berm n srotx .Clwk By, D. BRIGGS D%xAy I Without Preiudice U.C.C. 1-207 V Moorish Science Temple Of America 2 Mizraim Mohammed E1 Representative 3 P.O. Box 1011 E1 Cerrito Ca. 94530-1011 4 In The Municipal Court of California 5 County of_San Francisco, San Francisco Judicial Distr.. 6 7 People of the State of California, ) Case No. 16 8 Plaintiff, j Notice of Brief on Registration as evidence of consent. lo Moorish Science Temple Of America ) Date: Rep. Mizraim Mohammed El ) Time: 11 Defendant/Accused Citizen. Dept.: 12 13 Comes now"this natural person is by all intents and purposes a merchant and trader at law or 14 cash basis without recourse to Standard Lawful Money and enjoys no privilege of limited liability for t 15 payment of debts. I, Mizraim Mohammi, deny all jurisdictions of Mercantile equity brought on by H. 16 192 of June 5, 1933,expressly Law Merchant,Roman Civil Law, and admiralty Law and demand all 17 my rights at the Common Law." 18 It is the birthright of this free and natural person who is a citizen of these United States never 19 be abrogated,repudiated, diminished or suspended by the governmental offices it created, or by any oth 20 office created under Commercial Law 21 There can be no jurisdiction in any summary proceeding unless there is consent from the par 22 being moved against. The traffic courts provide nothing more than summary proceedings, there beu 23 no due process nor equal protection under the law afforded the accused except where convenient for d 24 court to do so. The only way any summary process can proceed without due process is when there 25 some sort of a contract, agreement, or implied consent allowing jurisdiction between two consentir 26 parties. This was admitted in the Molko case where the opinion of thecourt states: . . . "assumed a leg 27 identity other than'freeman' when she availed herself of the privilege of driving on public thoroughfare 28 Having availed herself of that privilege, she does, indeed, have the duty to specifically perform i 1 i • _ I accordance with the laws of the state." Cynthia L. Mo ko v. Milton Birnbaum, L-35855, Decision 4 2 Motion for Preliminary Injunction, dated May 27, 1982, in the Third District Court in Canyon Count 3 Driving is a privilege to an artificial person and its employees when conducting trade, commerce, 4 industry upon the public roadways. However, no privilege exists for a natural person as all natut 5 persons have the inalienable right to personal liberty, which includes the right of locomotion. It 6 sufficient to say that no citizen can give up a right for a privilege. "Assuming a legal identity' other the 7 freeman is a voluntary act, or the consent of entering into another capacity of contract requiring a specif 8 performance in some form which is regulatable by the legislature, and evidence of that voluntary act mu 9 e=. Any time there is a specific performance there must also be a contract or agreement between tl 10 parties involved. Specific performance is defined as: "The actual performance of a contract by the par 11 bound to fulfill it." Bouvier's Law Dictionary, 1914. Any contract requiring specific performance mu 12 consist of three things: 13 1. Prerequisite that the contract be founded upon a valuable consideration; 14 2. Mutual enforcement of the contract must be practicable. 15 3. Enforcement in specie must be necessary, really important to the plaintiff, and nc 16 oppressive to the defendant;and specific performance will not be decreed if it would cause a harsh resul 17 in inequitable, or be contrary to good conscience. 18 Disregarding 1 and 3,where is the mutual consent for enforcement of any specific performance 19 Where is the evidence of any contract, express or implied? There can be no consent where there is n 20 proof of contract, and without a contract there can be no mutual consent. 21 From this statement it erroneously follows that duties are prescribed by law and that the laws c 22 the state comprise a contract between the state and all persons, natural and artificial. It cannot b 23 disputed that the legislature can pass laws or regulations pertaining to the operation of business an 24 commerce affecting public interest. Any business affected with a public interest can and should b 25 1 regulated, and the state can lay out the conditions of doing business as following motor vehicl 26 regulations in the contract of incorporation,which includes obeying all statutes of the state to include th 27 requiring a drivers license for commercial ventures upon the public roadways. However, the natura 28 person cannot be bound by mere statute or the will of the legislature, but is bound by a higher law, tha 2 I being the`law of the land." A natural person is a sovereign citizen and cannot involuntarily enter up 2 an"assumed . . legal identity"nor can the state compel, by statute, a specific performance from a natu 3 person who has not entered its authority. A natural person is a citizen, not bound by contract ar 4 therefore, cannot be required to perform specifically. 5 The legislature cannot legislate demands upon a citizen forcing, under threat of a criminal attic 6 the carrying or producing of documents nor a specific performance by what is referred to as implii 7 consent legislation as: ". . . . no consent can be given which will deprive the consenter of any inalienat 8 rights." A St E Ency.;Desty, Cr. L. Section 33. However, "a central difference between these cases ar 9 this one is that businessmen engaged in such federally licensed and regulated enterprises accept tl 10 burdens as well as the benefits of their trade, whereas the petitioner here was not engaged in ar 11 regulated or licensed business. The businessmen in a regulated industry in effect consents to ti 12 restrictions placed upon him." (Emphases added) Almeida Sanhe v. United States 413 U.S. 266, 27 13 There was no doubt that Sanchez was guilty or hauling marihuana in violation of Federal Code but wE 14 stopped and searched without probable cause by law enforcement officers. The U.S., in attempting t 15 support the illegal search, referred to two other cases where the high court had ruled that searches coul 16 be made without a warrant. However,the court quickly pointed out that in the Sanchez case, he was nc 17 in a regulated enterprise nor licensed which would automatically waive his constitutional rights. Th 18 Supreme Court,then,has ruled that if Sanchez had been licensed or in a regulated business, the stop an, 19 search would have been legal,but since he was not so regulated the stop and search was unconstitutional 20 Business operating in the public "rights" of way are regulated to protect the public because 21 artificial persons have no conscience and must be controlled through regulation. Therefore,the action. 22 of business operating on the public rights of way are regulated through Motor Vehicle codes and thea 23 are required to purchase and carry"evidence of consent"by obtaining licenses. It is well established tha; 24 the participation in a regulated enterprise, by and through a license, constitutes voluntary consent tc 25 regulatory restrictions. The rule is "There are certain relatively unique circumstances . . . in which 26 consent to regulatory restrictions is presumptively concurrent with participation in regulated enterprise. 27 See United States v. Briswell, 406 U.S. 311. . ., Colonnade CateringCorn. v. United States, 397 U.S. 28 72." (Emphasis added);Delaware v. Prouse, 440 U.S. 648, 662. Circumstances are evidence, or more 3 I specifically, "evidence of consent"and/or participation in a regulated enterprise. 2 In the above cases the consent of BisweIl and Colonnade was in the license they applied for whic 3 allowed them to operate a regulated enterprise. In addition,both were creations of the state and require 4 to abide by the statutes of the states, and one of those statutes is that juristic organizations obtain 5 driver's/chauffeur's license. The license to drive, then, is a privilege to any juristic person and is prim 6 facie evidence of a regulated enterprise and its state granted privilege to operate motor vehicles on th 7 public rights of way. The driver'slchauffeur's license is the evidence of concurrent consent of a regulate 8' enterprise that it will enter summary proceedings established by the state of California and abide by it 9 regulatory restrictions of Motor Vehicle Codes. The Supreme Court has ruled that: 10 "Each licensee is annually furnished with a revised compilation of ordinances that describe hi 11 obligation and define the inspector's authority . . . the dealer is not left to wonder about the purposes o 12 the inspector or the limits of his task." (Emphasis added)United States v. Briswell 406 U.S: 312, 316 13 The licensee being any person engaged in a regulated enterprise: Ordinances being motor vehicle codes 14 inspector's being the agents of city, county and state police officers; and the dealer being the licensee 15 A driver's/chauffeur's license then, is nothing more than"evidence of consent"obtained by the licensee 16 establishing that that person is involved in a regulated enterprise. It could be presumed that a natural 17 person may voluntarily give consent to a privilege through the obtaining of a driver's license, there by 18 waiving a right to drive on the public rights of way. A free and natural citizen drives as a matter of right 19 and cannot be compelled into any foreign or alien jurisdiction or any other summary proceeding. Even 20 if a natural person were subject to a summary proceeding,the complaint fails as there are insufficient facts 21 to form a complaint. These must be the`5inique circumstances"of"consent,"or the"participation in the 22 regulated enterprise." Therefore, the Plaintiff would have to establish that the accused is either a 23 corporation or a business licensed by the state to conduct business or a regulated enterprise which has 24 consented to regulatory restrictions." The prima facie evidence of these unique circumstances would be 25 the incorporation papers or a driver'stchauffeur"s license. 26 Those natural persons who do not obtain a driver's chauffeur's license have not consented to 27 regulatory restrictions nor are they engaged in a regulated enterprise, until proven to the contrary by the 28 Plaintiff. r i r I In any case of a traffic violation the first thing the Plaintiff should establish at the alleged seen 2 of the crime or prior to arraignment is whether or not the person is natural or artificial, and if naturaJ 3 whether or not that person is a person operating on the public rights of way in a regulated enterprise o 4 licensed, or subject to regulatory restrictions. Which now, at this time, the defendant/accused, come, 5 now with a Notice of Dishonor. 6 NOTICE OF DISHONOR 7 All presentments, including, but not limited to those in the form of citations, Summonses 8 complaints, indictments, Information, Search Warrants,and Bench Warrant bearing the name of Mizrairr 9 Mohammi and/or vehicle license number C' 1 6 ��/ .r/',' And identified thereon as 2 10 defendant in the above referenced matters are hereby dishonored effective the time and date of 11 presentment. Nunc Pro Tunc and acceptance is refused by this defendant/accused in relation back to said 12 times and dates of presentation. The Plaintiff never attempted to establish whether this accused person 13 was or was not a person required to apply for and obtain a driver's license and otherwise specifically 14 perform under the provisions of motor vehicle codes. Therefore, it was not established that the accused 15 is a person subject to regulation under motor vehicle codes an d, therefore, the complaint fails and the 16 case wads not engaged in any regulatory enterprise or commercial venture on the public roadways and 17 therefore, can only be regulated by his own conscience being fully responsible for any loss, damage, or 18 injury to another person's life, liberty, and property as a result of defendant/accused actions. 19 Therefore,the proceedings against this person were without merit, as the Plaintiff did not prove 20 that the accused was person subject to the code and since the Plaintiff cannot establish that this person 21 is a person subject to the code the court has no jurisdiction to proceed against me and the case should 22 be dismissed. 23 Dated: December 12, 1998 Explicit Reservation of all Rights 24 Without Prejudice U.C.C. 1-207 /' IJLL / —'Z'ci 25 %�/ Z� c✓Lt �L 26 Mizraim Mohammed El 27 Representative for 28 Moorish Science Temple Of America 5 Reg.Fee 5 U Special $ J Lf� / 4P elive d Pig , , Retum $ +�j. �► E o rma j_ eceipt +s U°o Postage $ eslricled S a m°r J)elivery Q n Received by To Iple Of America ; 1 T { With 1`08121 $25,000;International e Customer Must De are insurance Indemnity Is Umited 5 Full Value $ out p YYltl+ � (See Reveres) �,,r,na July 21, 2000 cold C enC �« Vin � o. , 0 Yd a$m a QA 4-L W `o `)e5 Q �/ GJ IIIGGG/ WE Ps Form 3806, Receipt for Registered Mail (Customer Copy) February 1995 (See Information on Reverse) Paid by: Cash $7.70 Change Due. 40.01 Bi1IN: 1000200019742 Clerk: 09 Thank you for your busivess -- ence Temple Of America has purchased vehicles and have itic be sent to us. D.M.V. seems to ignore sovereignty. As mple Of America are not involved in commercial activities zssed by driver's license or show current registration of motor vehicles. We in the Moorish Science Temple Of America want the Original pink slips f or the following VIN Numbers: El IHBBE2397 (78 FORD VAN) 1FDJE37L9EHA86288 (84 FORD STEP VAN) I 1 LNIBM81 F2KY769713 (1989 LINC TOA'N CAR) New Addition: WV2YBO25XHi088222 (84 V.W. VAN) This letter is an Affidavit declaring that the Moorish Science Temple Of America is requesting Complete Title to these V.I.N. Numbers be sent to the address given in this letter We in the Moorish Science Temple have lawfully purchased these vehicles.., taking them out of the commercial sector into the private sector. Sincerely, 1 Mizraim Mohammed El (,' �-C '► "Lc! Good Standing Member P.O. Box 1011, El Cerrito California 94530-1011 ' Y Moorish Science Temple Of America i 1 i July 21,2000 i tiOTATIONS Department Of Motor Vehicles P.O. Box 942869 Sacramento California 94269 ATTENTION: Governor Grey Davis SLBJECT: RECEIVII\G TITLE Islam) The Moorish Science Temple Of America has purchased vehicles and have in the past requested that the complete title be sent to us. D.M.V. seems to ignore sovereignty. As nationals, we in the Moorish Science Temple Of America are not involved in commercial activities therefore we are not required to be possessed by driver's license or show current registration of motor vehicles. We in the Moorish Science Temple Of America want the Original pink slips for the following VEN Numbers: E 11 HHBE2897 (78 FORD VAN) 1FDJE37L9EHA86288 (84 FORD STEP VAN) IL'_VBM81F2KY769'13 (1989 LILAC TOWN CAR) New Addition: WV2YB025JHI088222 (84 V.W. VAIN) This letter is an Affidavit declaring that the Moorish Science Temple Of America is requesting Complete Title to these V I.N. Numbers be sent to the address given in this letter We in the Moorish Science Temple have law-fully purchased these vehicles.., taking them out of the commercial sector into the private sector. Sincerely, ' { ( Mizraim Mohammed ElVit: 1 �! Good Standing Member I P.O. Box 1011, El Cerrito California 94530-1011 J _ _ �.;_.-�...�..- .. ,.;.'.fir•'.�•..r'_V�_=— ••�. AL .NOT.I . -!Sfa i .r_: '• .;.yid `•t1�=. .«,.y "4 _. . THE-CODE OF THE LAWS ; UNITED STATES OF AMERCA - TITLE 42--THE PUBLIC HEALTH AND WELFARE ~- , CHAPTER 21.. QVIL RIGM § 1983. Civil action for deprivation of rights Every person who; under color of any statute, ordinance, reguia on, custom , or usage, of any State or Territory or the District of Columbia, subjects, 'or causes to be subjected, any citizen of the United States or other person within the jurisd7iction thereof to thedeprivatim of any -rights, pn,, eges , or immunities secured by the Constitution and Taws, shall be liable too the party injured in an action at law suit m ` - _ ... ,;. ;r,.. . . redress. For the es of this qty' or other proper prou3ing for p� section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia. . (R. . § 1979; Dec. 29, 1979, P. L. 96-1709 1, 93 Stat. -1284.} HISTORY; ANCILLARY LAWS AND DIREG'HVES Explanatory notes: This section formerly appeared as 8 U &C. § 43. R.S. § 1979 was derived from Act .Apr. 20, 1871, ch 22, § 1, 17 Stat 13. LEG L GH 0:' .. . TT . . i.•-1=:- . .. . .J_t -moi' ti"": ?=w�� •i;4� -. TO ALL ELECTED, APPOINTED OR EMPLOYED OFFICIALS INCLUDING PO- LICE OFFICERS, AGENTS, OR REPRESEHTATIVES,.OF:THE C DOUHTY, STATE AHD/OR GOVERNMENT-THIS INCLUDES CORPORATI0KS1. YOU ARE HEREBY.. VISEDOf HEREBY..Trq• THE FOLLOWING,.FEDERAL ownR ■ �RtMINAt LAV{dS: _� WA "If two or more persons conspire to injure, oppress, threaten, orifiitida + rirfizen in. the free exercise or enjoyment of any right or pnv1ege so�secured #�,�im b�! the �r . ;. rrnuM Constitution or�laws of the United States, or because of fps havingo'` xero�sed the same; or . . . { :r .`S•1i,y'',�.i....�.f'�'.Y... :. :.,cam,. _ If two or more persons'go; in disguise on the,highway, or on mvremrses yb -another with intentto'prevent or hinder his free exercise or enjoyment 0 ' n'fit°st, ;pn ilege so secured- J- •- _ -_ ._. - - = '• :��s� :;� . ��:.:::;.�, - They shall be fined not more than $10,000 or imprisoned not more fan ten ears: or both; and if death results, they.shall be subject to imprisonment Tor apyrerm o ,years,or for life." -TITLE 18 USC 241 .�- -Whoever, under color of any. law, statute, ordinance, regulatior%73ar-custom willfully subjects any inhabitant of any State, Territory, or District to the dept+vafion Q a. y:rights. f.fie.0nited privileges, or immunities secured or protected by the Constitutiontawo., States, or to different punishments., pains, -or penalties, on account 'Of. f.such inhabitant being ari alie"ri, or by reason of his color, or race, than are prescribed orale punishment. of citizens. shall be fined not not more than $1,000 or imprisoned not-:more than ;ne year, or both;and if death results, they shall be subject to imprisonment for any term o! years.or.fDr_lifa_°—TITLE 18 USC-242 = N J N� P C� v - o � o t +v 4 to 3 �F3SA� i•.��J • l� WA i CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD AC710N April 3, 2001 Claim Against the County, or District Governed by 1 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. I notice of the action taken on your claim by the i 1pg;jEa eV�m Board of Supervisors. {Paragraph IV below), given �1� pursuant to Government Code Section 913 and MAR 14 2001 915.4. Please note all "Warnings". AMOUNT: In excess of $10,000 COUNTY OUNS .L MARTCLAIMANT: Heirs and successors-in-interest of; Cyril B. Coenen ATTORNEY: c/o Terry O'Reilly DATE RECEIVED: March 12, 2001 ADDRESS: O'Reilly, Collins & Danko BY DELIVERY TO CLERK ON: March 1900 O'Farrell Street, Suite M.r h 360 San Mateo, CA 94403 BY MAIL POSTMARKED: March 9, 2001 Certified # P 103 123 962 I. FROM: Clerk of the Board of Supervisors :TO: County Counsel Attached is a copy of the above-noted claim.: JO WE IA, Jerk Dated: March 14, 2001 By: Deputy 9 II. FROM: County Counsel TO: Clerk of the Board of 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: 3 J 15 By: ' ! 1 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: ,aCoi JOHN SWEETEiV Clerk, By - eputy 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 MAIIJING 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 /ra, certified copy of this Board Order and Notice to Claimant, addressed the claimant as shown above. Dated: By: JOHN SWEETEN; CLERK By 4411-- Deputy Clerk / c C •. 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. CLAIM AGAINST THE COUNTY OF CONTRA COSTA To: Clerk, Board of Supervisors R'r �� (( County of Contra Costa 651 Pine Martinez, CA 94553 2 ��01 SJPEFVISORS 7A 00. Claimant Name and Address James P.. Coenen, on behalf of the heirs and successors-in-interest of Cyril B. Coenen c/o Terry O'Reilly O'Reilly, Collins & Danko 1900 O'Farrell Street, Suite 360 San Mateo, CA 94403 Date of Incident November 2, 2000 Location of Accident Intersection of Concord Boulevard and Farm Bureau Road County of Contra Costa Facts On November 2, 2000, at about 0720, Cyril B. Coenen was a pedestrian at the intersection of Concord Boulevard and Farm Bureau Road. Mr. Coenen was walking eastbound on Concord Boulevard and stopped at the southwest corner of the intersection of Concord Boulevard and Farm Bureau Road. When the traffic signal turned green for east-west traffic on Concord Boulevard, Mr. Coenen stepped off the curb and began walking eastbound within the crosswalk. John Ferrari was traveling westbound on Concord Boulevard. He stopped in the left turn lane on Concord Boulevard, waiting for a red light to turn green at the intersection. It was his intention to turn left onto Farm Bureau Road from Concord Boulevard. When the traffic signal turned green, Mr. Ferrari made his left turn onto Farm Bureau Road. i Mr. Ferrari's truck struck and killed Mr. Coenen while Mr. Coenen was in the crosswalk. I The traffic signals that control Concord Boulevard at Farm Bureau Road are not equipped with left turn arrows to provide protected left turns onto Farm Bureau Road from the left turn lane. The circular green signal appears simultaneously for Iboth directions on Concord Boulevard. The traffic volume, the road configuration, and the configuration of other intersections along Concord Boulevard warranted a traffic signal at this intersection that controlled Concord Boulevard with a left turn arrow for the purpose of providing protected left turns onto Farm Bureau Road from the left turn lanes of Concord Boulevard. These defendants knew, or in the exercise of reasonable care ishould have known, that this is a dangerous and defective condition of public property. This defective and dangerous condition is a substantial factor in causing the death of Cyril Coenen. I The crosswalk in which Mr. Coenen was struck by the Ferrari vehicle was equipped with a pedestrian signal which is activated by a pedestrian call- button switch. The pedestrian signal was designed and/or maintained in a dangerous condition and failed to meet prudent engineering standards for safe management of traffic. That section of road also fails to meet city, county and state standards, including CalTrans standards, and prudent engineering standards for safe management of traffic. These defendants knew, or in the exercise of reasonable care should have known, that this is a dangerous and defective condition of public property. This defective and dangerous condition is a substantial factor in causing the death of Cyril Coenen. The City of Concord, the County of Contra Costa, and CalTrans have received notice of these conditions by accident history, public notification of this dangerous condition, increased traffic volumes and various data. These defendants have failed to remedy or to warn despite available funds to do so. i Name of Employee or Employees Causing Injury or Damage Employees of the County of Contra Costa, all presently unknown. i i -2- • I Injuries or Damage The heirs and successors din-interest to Cyril B. Coenen have been deprived of the care, comfort, society, support and financial support of their father and husband, Cyril B. Coenen, who was killed because of this accident. i Amounts Claimed The amounts claimed total in excess of $10,000 and jurisdiction rests in the Superior Court. I DATED: March 9, 2001 O'REILLY, COLLINS & DANKO. I BY j TE RY O' ILLY, Attord4s for Claim s i I I I. I I I i I i I I i -3- I • LAW OFFICES OF O'REILLY, COLLINS & DANKO • A PROFESSIONAL CORPORATION I GEORGE W. ELLARD 1900 O'FARRELL STREET, SUITE 360 SAN FRANCISCO OFFICE DIRECT DIAL (650) 358-5928 SAN MAT EO, CALIFORNIA 94403 2 CLARENCE PLACE, No. 3 E-MAIL gellard@oreillylaw.com SAN FRANCISCO, CA 94107 TELEPHONE (650) 358-5901 FAX (650) 358-2575 leas `E- on CO Y-PLGwww.oreillylaw.com March 9, 2001 MAR j ?001 CLERK BQ {li,Cr+ CQNT:. 1 I .,,' F pV�"ORS I VIA CERTIFIED MAIL— RETURN RECEIPT REQUESTED Clerk, Board of Supervisors County of Contra Costa 651 Pine Martinez, CA 94553 I Re: Cyril B. Coenen I Accident of November, 2, 2000 Dear Sir or Madam: Enclosed is a Claim against the County of Contra Costa in connection with an accident which occurred on November 2, 2000. Would you please return the copy of the Claim, indicating that it has been received/filed, in the envelope provided. I Thank you for your assistance. I Very ruly yours, I I I I GA RG ELLARD Enclosures i GWE:bpm-Contra Costa-1 I I I . 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