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Home My WebLink AboutMINUTES - 06262001 - C.32 CLAIM / BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACT10tlk June 26, 2001 Claim Against the County, or District Governed by ) the Board of Supervisors, Routing Endorsements, 1 NOTICE TO CLAIMANT and Board Action. All Section references :are to ) The copy of this document mailed to you is your California Government Codes. notice of the action taken on your claim by the Board of Supervisors. (Paragraph IV below), given pursuant to Government Code Section 913 and MAY 2 9 2001 915.4. Please note all "Warnings". Unknown C6UNTY COUNSEL AMOUNT: MARTINEZ CALIF. CLAIMANT: Gary Mosbarger 2001004738 None May 25 2001 ATTORNEY: DATE RECEIVED: y ADDRESS: 901 Court St MDF D—C-1 BY DELIVERY TO CLERK ON: May 25, 2001 Martinez, CA 94553 ; BY MAIL POSTMARKED: May 24, 2001 i I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the abov,'e-noted claim. JOI�i1 SWEETEN, (C�ler . 4Z Dated: May 25, 2001 —By: De ut Deputy_ 11. FROM County Counsel TO: Clerk of the Board of Supervisors ( ) This _claim complies substantially with Sections 910 and 910.2. ( -L4 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: o ! / 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: (X) This Claim is rejected in full. ( � Other: I certi that this is a true and correct copy of the Board's Order a red in its min tes fo this date. Dated: ;JOHN SWEETEN . Clerk, By fal*, te7puty 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 prepaidcertified copy of this Board Order and Notice to Claimant addressed to the ]aim nt as shown above. By: JOHN SWEETEN CLERK Y ut Clerk Dated: B B / p y i I I I 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. I 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 I I I I I I I I I I I .. I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 51LV fq6 B.MARCHESI DEPUTIES: PHILLIP S.ALTHOFF dUNTY COUNSEL S _ L JANICE L.AMENTA NORAG.BARLOW SHARON L. ANDERSON / =` B.REBECCA BYRNES o!j=__• "=\�� ANDREA W.CASSIDY ASSISTANT COUNTY COUNSEL CONTRA COSTACOUN`Y MONIKAL.COOPER VICKIE L.DAWES GREGORY C.HARVEY OFFICE°OF THE COUNTY COUNSEL MARKES.ESTIS ASSISTANTCOUNTYCOUNSEL II' '- = 1! LILLIAN T.FUJI I I 'COUNTY.ADMINISTRATIONBUILDINGI� JANET L.HOLMES 657°PINE`STREET"9th=FLOOR KEVINT.KERR DENNIS C.GRAVES s, —ri • —,.._. r_��'rI, ,,/- 1 BERNARD L.KNAPP SENIOR FINANCIAL COUNSEL MAR II,NEZ-,CALIFORNI'A194553=1229 EDWARD V.LANE,JR. G y1� BEATRICE LIU GAYLE MUGGLI . r \ = y' MARY ANN MASON OFFICE MANAGER p�` , PAUL R.MUNIZ VALERIE J.RANCHE PHONE 925) 335-1800 NOTICE OF INSL`-FF�ICIENCY STEVEN P.RETTIG ( DAVID F.SCHMIDTHMIDT FAX (925) 646-1078 AND/OR DIANAJ.SILVER JACOUELINE Y.WOODS NON-ACCEPTANCE OF CLAIM PAMELA J.ZAID TO: Gary Mosbarger c/o Martinez Detention Facility D-C-1 901 Court Street Martinez, CA 94553. RE: CLAIM OF: Gary Mosbarger Please Take Notice as Follows: The claiun 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: [XX] 1. The claim fails to state the name and post office address of the claimant. [XX] 2. The claiun fails to state the post office address to which the person presenting the claim desires notices to be sent. [XX] 3. The claim fails to state the date, place or other circunnstances of the occurrence or transaction which gave rise to the claim asserted. [ ] 4. The claim fails to state the name(s) of the public ennployee(s) causing the injury, damage, or loss, if known. [XXI 5. The claim fails to state whether the amount claiuned exceeds ten thousand dollars ($10,000). If the claim totals less than ten thousand dollars ($10,000), the claim fails to state the amount claimed as of the date of presentation, the estimated amount of any prospective injury, damage or loss so far as known, or the basis of computation of the amount claimed. If the amount claimed exceeds ten,thousand dollars($10,000), the claire fails to state whether jurisdiction over the claim would rest in municipal or superior court. , [ ] 6. The claim is not signed by the clainant or by some person.on his or her behalf. 1. .17. Other: Page 1 I , I� I SILVANO B. MARCHESI COUNTY COUNSEL By: Deputy County Counsel 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,Mariinez,California 94553;I am a citizen of the United States,over 18 years of age,employed in Contra Costa County,and not a party to this action. I served a true copy of this Notice of Insufficiency and/or Non-acceptance of Claim by placing it in an envelope addressed as shown above,scaled and postage fully prepaid thereon,and thereafter was,deposited this day in the U.S. Mail at Martinez_,California. I certify under penalty of perjury that the foregoing is true and correct. Dated: May ,2001,at Martinez_,California. I I cc: Clerk of the Board of Supervisors(original) Risk Management (NOTICE OF INSUFFICIENCY OF CLAA4:GOVT.CODE§§910,910.2,920.4,910.8) I , I I I I 1 I I Page 2 RECEIVED 1 Q 6e>0,Y. oC- $opaAV15 O rS Em Go, AY 2 5 2001 �,, �ra�-R � rrZ �rd m � •C/ -oO$6-DrCLERK BOARD OF SUPERVISORS CONTRA COSTA CO. 1�1G va- W ro A U O%JL-tio 0yo C o v, ��Gt�,n�S � � ; V 7n �4wJ�t�� r�o�t c�r u n. C a F C9 r �t r�o vwe&✓p� ,y bra J•e o , (3oc- r* Vlvu a.A V1 � r-geonctib q G4- nll - • . J r Cusp o n s--k-0 4v y !r t^o,r•� L� n -zi'�n� i rL S , C c�,�or CO w�,. v r w� q ^y and in '(ZL', ,any Compintnh . pr-.&-enj-, h a v,>, orn p(Q)-C ly 0, 4 It ly 06 A\,Ce �'r.�sh cit S r, I�� !��' � c s►s-e �� O-V.\Ck s-aFP" r ..--ol��r"1��' �';8 U S-C.. G �d.�S G,�' �!�,J � r S� /►'�.3!✓1,� Gt r'1 p` hQ ✓R d Q��1�GV-Q(,� V i S/ r5 !.J f i' rv"11 !►� f�VZ MLl�. j CJ i cz�edm Suppor4-: Glc W11a��' �V� rJ&C tS aw�a dap Fo ti r CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNLA BOARD ACT1011k June 26, 2001 Claim Against the County, or District Governed by ) the Board of Supervisors, Routing Endorsements, 1 NOTICE TO CLAIMANT and Board Action. All Section references are to ) The copy of this document mailed to you is your California Government Codes. ) notice of the action taken on your claim by the Board of Supervisors. (Paragraph IV below), given 1F(9NE11WTQ pursuant to Government Code Section 913 and 915.4. Please note all "Warnings". AMOUNT: $1,000,000 MAY 2 5 2001 COUNTY COUNSEL CLAIMANT: Den Smith MARTINEZCALIF. ATTORNEY: None DATE RECEIVED: May 24, '2001 ADDRESS: P.O. Box 14587 BY DELIVERY TO CLERK ON: May 24, 2001 Oakland, CA 94614 BY MAIL POSTMARKED: I. FROM: Clerk of the Board of Supervisors TO: County Counsel "Attached is a copy of the above-noted claim. JOHN S NJ, Clerk Dated: May 26, 2001 By: Deputy H. FROM County Counsel TO: Clerk of the Board of Supervisors (,Kfh'is 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 91 1.3). ( ) Other: Dated: S v�-5 '�/ By: "E Deputy County Counsel M. FROM Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present: ( This Claim is rejected in full. ( ) Other: I certify that this is a tru-e� amend\ correct copy of the Board's Order entered in its"utesisdate. Dated: ,duu JOHN SWEETEN Clerk, By , eputy Clerk WARNING (Gov. code section 913) \ertain exceptions, you have only six (6) months from the date this notice was personally served or deposited \file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an r choice in connection with this matter. If you want to consult an attorney, you should do so Tor Additional Warning See Reverse Side of This Notice. AFFIDAVIT OF MAILING 'N of perjury that I am now, and at all times herein mentioned, have been a citizen of the United "i that today I deposited in the United States Postal Service in Martinez, California, postage fully of this Board Order and Notice to Claimant addressed to th clai ant as shown above. JOHN SWELTEN, CLERK By eputy Clerk I I I. i i i I I I I I I 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 I mandamus or injunction, or Federal Civil Rights claims. The above list is not exhaustive and legal consultation is i essential to understand all the separate limitations periods that may apply. The limitations periods within which suit must be filed may be shorter or longer, depending on the I nature of the claim. Consult the specific statutes and. cases applicable to your particular claim. I I. The County of Contra Costa does notwaive 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 I I I I I i i I I I I I I I I I � I i i i claim to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAZIANT 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 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. s*�s*�a****��***t**:*s*s«**•s****s****s.•+•::�******s*#**ss#**•sstss*s**«:«s*:**«.*�**s** RE: Claim By Reserved for Clerk's filing sfamp DON L. S[`71'IH VS. ) a-NM 00STA sH='S DEPAR= MOF Against the County of Contra Costa or ) District) CLRS (Fill in name) ) CONTRA COSTA CO. The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named district in the sum of$ 1,000,000 and in support of this claim represents as follows: 1. When did the damage or injury occur?(Give exact date and hour) SUNDAY, NOVEIM 26, 2000 APPROX. 11:4MI 2. Where did the damage or injury occur?(Include city and county) 1443 LBTITA ROAD, SAN PABLO, CA - CONTRA OOSTA 03M 3. How did the damage or injury occur?(Give full details; use extra paper if required) SEE ATTAM STATII`M 4. What particular act or omission on the part of county or district officers, servants, or employees caused the injury or damage? VIOLATION OF CIVIL RIGHTS, MIS03UUCT AND HARASS�Eff, TT I FC,AL SMP AND TOW, �. ASSAULT AND BATTERY WITH EXCESSIVE FORM, AND FALSE ARREST AND REPORTING. 5. What are the names of county or district officers, servants, or employees causing the damage or injury? STC) IAN, M. ID.# 55980, i'iESTHORPE, AND iSOII.P'ION NOTE: RJLL DETAIL OF FULL NAME AND ID.UIS UNAVAILABLE AT THIS TIME. 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage.) BACK, NECK, SHOULDERS INJURY, HEAD AND CII6I PAINS, PHYSICAL, PSYCHOLOGICAL AND II`U ZONAL DISTRESS. 7. How was the amount claimed above computed?(Include the estimated amount of any prospective injury or damage.) CRU RIGHTS VIOLATION, HARAS&4HQVT/DISC UflNATION, ASSAULT AND BATTERY, PAIN AND SUFFERING, PUNITIVE DAMAGES. 8. Names and addresses of witnesses, doctors, and hospitals. SHERRY JAMES, MR. AND MRS. JAMES, DELINDA DELLIS AND HERS CA. atEMC'Y PHYS. W, SAN PABLiO, CA CWNIRA COSTA CID. HEALTH SERVICES, 599 CENTER STREET, MAU= 9. List the expenditures you made on account of this accident or injury. PATE TIME AMOUNT 11=28-00, UNiMNJI $110.00, YOUCCE TUff:12-08-00, UKNM, $1,296.00 li08S PAY. 11-29-00, UNMM, $595.06, DER9NCY ROOM SERVICE/ 12-114)0, 8:30AM; $112.00,` HC6PTIAL AND DOMRS 02-13--01, 8:30AM, $600.00, LAWYER FEES. ) Gov. Code Sec. 910.2 provides "The claim must be ) signed by the claimant or by some person on his behalf." END NOTICES TO: (Attorney Name and Address of Attorney ) (Claimant's Signature) (Address) Telephone No. )Telephone No.3io 6%a,114!7 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 mon 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(510,000),or by both such imprisonment and fine. MAY 24, 2001 DON L. SMITH P.O. BOX 14587 OAKLAND, CA 94614 310.721.8353 BOARD OF SUPERVISOR OF CONTRA COSTA COUNTY COUNTY ADMINISTRATION BUILDING 651 PINE STREET, ROOM 106 MARTINEZ, CA 94553 REF: CLAIM FOR DAMAGES AND INJURIES DEPUTY STOLZMAN, M. ID# 55980 ILLEGALLY STOPPED, DETAINED, HARASSED, ASSAULTED AND BATTERED CALIFORNIA MOTORIST MR. SMITH, D. DEPUTY STOLZMAN, M. WAS RUDE AND OVERLY DEMANDING AND RUDELY SNATCHED MR. SMITH'S CA: LICENSE, INSURANCE AND REGISTRATION CARD OUT OF HIS HANDS. AS MR. SMITH, D. ASKED WHY HE WAS STOPPED, THE DEPUTY BECAME HOSTILE AND ANGRY. MR. SMITH, D. BECAME CONCERNED OF THE DEPUTY CONDUCT AND REQUESTED FOR A SUPERVISOR (SGT. ) FOR ASSISTANCE. THE DEPUTY BECAME MORE HOSTILE AND CONFRONTATIONAL AS MR. SMITH, D. ATTEMPTED TO NOTIFY THE F.B.I. FOR IMMEDIATE ASSISTANCE. THE DEPUTY RETURNED RUDELY AND BEGAN THROWING MR. SMITH'S CA. LICENSE AND INSURANCE CARD AT HIM IN HIS VEHICLE.; TWO (2) OTHER DEPUTIES ARRIVED AT MR. SMITH'S LOCATION AND BRIEFLY SPOKE WITH DEPUTY STOLZMAN, M. AND ALL THREE (3) DEPUTIES ARE LISTED IN THE REPORT APPROACHED MR. SMITH, D. WITHOUT WARNING OR NOTICE IN A THREATENING AND CONFRONTATIONAL MANNER AS MR. SMITH, D. WAS ORDERED OUT OF HIS VEHICLE. MR. SMITH, D. PLACED HIS HANDS APART AND ON TOP OF HIS VEHICLE WITHOUT RESISTING AND WAS ATTACKED BY THE THREE (3) DEPUTIES. THE DEPUTIES ASSAULTED AND BATTERED MR. SMITH, D.. EXCESSIVELY. MR. SMITH, D. REQUESTED EMERGENCY MEDICAL ATTENTION AND WAS DENIED BY THE DEPUTY. ^ATTACHED TO CLAIM PAGE 1 CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA I BOARD ACTION June 26, 2001 Claim Against the County, or District Governed by ) the Board of Supervisors, Routing Endorsements, 1 NOTICE TO CLAIMANT and Board Action. All Section references are to ) The copy of this document mailed to you is your California Government Codes. notice of the action taken on your claim by the JRJE(9�mawim Board of Supervisors. (Paragraph IV below), given pursuant to Government Code Section 913 and MAY 2 5 2001 915.4. Please note all "Warnings". COUNTY COUNSEL AMOUNT: $4.78 MARTINEZ CALIF. CLAIMANT: Willie Earl Baker ,K-19256, EI-01L ATTORNEY: None DATE RECEIVED: May 24, 2001 ADDRESS: Correctional Training Fac. BY DELIVERY TO CLERK ON: May 24, 2001 P. 0. Box 689 Soledad, CA 93960 BY MAIL POSTMARKED: May 23, 2001 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. JO ,IEETEN, Clerk Dated: May 26, 2001 By: Deputy 111. 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 91 1.3). ( } Other: Dated: ,S–�� —O,( By: Deputy County Counsel M. FRONT- 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 certi that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: tQ�l� �� JOHN SWEETEN Clerk, By ' puty Clerk WARNING (Gov. code section 913) \)certain exceptions, you have only six (6) months from the date this notice was personally served or deposited \to file a court action on this claim. See.Government Code Section 945.6. You may seek the advice of an ,our choice in connection with this matter. If you want to consult an attorney, you should do so \For Additional Warning See Reverse Side of This Notice. AFFIDAVIT OF MAIIdNG salty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United ind that today I deposited in the United States Postal Service in Martinez, California, postage fully v of this Board Order and Notice to Claimant addressed to the claima as shown above. '� , By: JOHN SWEITEN, CLERK By uty 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 INSTRUCTIONS TO CLAIMANT c 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 befote December 31, 1987, must.be presented not later than the 100U' 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 musf 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 WILLIE EARL BAKER, RECEIVE.) Against the County of Contra Costa or. 15 REE-P. District) MAY ,2 4 2001 (Fill in name) ) CLERK BOARD OF SUPERVISORS CONTRA COSTA CO. .The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named district in the sum of$_L.,.,.7 8 J_and in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact date and hour)-(1 ) February 25;2001 , (2) March 5,2001 , (3) March 12,2001 , (4) March 30,2001 , (5) April 9,2001., and on (6) April 15,2001 2. Where did the damage or injury occur? (Include city and county) Contra Costa County — Post Office Box 911 , Martinez, California 94553. 3. How did the damage or injury occur?(Give full details; use extra paper if required) On six different occasions. I wrote letters to the Contra Costa County Small Claims Advisor seeking advice on the proper Small Claims Procedures and forms that is directly related to the two/2 Small Calims actions I had pending in the City of Richmond Superior Court. 1 I 4. What particular act or omission on the part of county or district officers, servants, or employees caused the injury or damage? Mr.Scott Reep,;Contra Costa County Small Claims Advisor's failure to respond to my correspondence seeking advice as a Plaintiff in a Small Claims court action, is a direct violation of the responsibility he has been charged. with providing to.litigants of Small Claims actions in Coritra Costa County. 5. What are the names of county or district officers, servants, or employees causing the damage or injury? MR.SCOTT RESP, CONTRA COSTA COUNTY SMALL CLAIMS ADVISOR 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage.) Not having the information I was.requesting from Mr.Reep, caused me to lose the two/2 Small Claims Cases I had pending as well as 4 expenses trying to obtain the information, writing materials and postage. 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) (1 ) .Postage $2:020 to mail six letters and $2.04¢ for the Self Address Stamped Envelopes I encluded for the return of the information I was seeking. (2) 300 for the writing materials I lost requesting the information and (3) 120 for the Envelopes. 8. Names and addresses of witnesses„doctors, and hospitals. Correctional Training Facility Mailroom, Joanne Lunsted,Court Services Coordinator,Richmond Small Claims Court. 9. List the expenditures you made on account of this accident or injury. DATE TBV E AMOUNT (.1.)2/25/01 ,(2)3/5/01 00 (1 )70¢9 (2)70¢ (3)3/12/01 ,(4)3/30/01 00 (3)700, (4)700 (5.)4/9/01 , (5)4/15/01 00 (5)70¢ (6)70¢ 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 ) WILLIE E.BAKER, IN PRO—PER K-19256,ED-01 L ) (Claimant's Signature) Correctional Training Facility ) Post Office Box 689 ) Correctional Training Facility,Post Office Box 689 Soledad, Ca-93960 ) (Address) Soledad, Ca-93960 Telephone No. NONE )Telephone No. NONE ****•***.****s**s*s****�*�**«.*•*«***ts*****•ssss*s***sss#*s««*s**s�*s:*sss:****«*•:*****« NOTICE I Section 72 of the Penal Code provides: Every person who,with intent to defraud,presents for allowance or the payment to any state board or officer,or to any county,city,or district board or officer,authorized to allow or pay the same if genuine,any false or fraudulent claim,bill,account, voucher,or writing,is punishable either by imprisonment in the county jail for a period of not more than one year,by a fine of not exceeding one thousand(S 1,000),or by both such imprisonment and fine,or by imprisonment in the state prison,by a fine of not exceeding ten thousand dollars(S 10,000),or by both such imprisonment and fine. i U� O+ N o� \ a� , V 1+• ` �cX , tip HUl �O � . d ��cq CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD A00At June 26, 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. Cv notice of the action taken on your claim by the � � �� Board of Supervisors. (Paragraph IV below), given pursuant to Government Code Section 913 and MAY 2 5 2001 915.4. Please note all "Warnings". COUNTY COUNSEL AMOUNT:: $20,000 MARTINEZ CALIF. CLAIMANT: Dorothy & Thomas Stari'ck ATTORNEY: David Blatte DATE RECEIVED: May 24, 2001 ADDRESS: 2161 Shattack Ave. BY DELIVERY TO CLERK ON: May 24, 2001 Berkeley, CA 94704 BY MAIL POSTMARKED: May 23, 2001 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. i JOHN STEN, Clerk Dated: May 26, 2001 By: Deputy. % H. FROM County Counsel TO: Clerk of the Board of Supervisors ( 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 ipresent 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 unanimo6s vote of the Supervisors present: This Claim is rejected in full. ( Other: I certify that this is a true and correct copy of the Boards Order tered in its mi utes f"r this date. JOHN SWEETEN Dated: ," d�� . Clerk, By i 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 MAELING 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 prepai certified copy of this Board Order and Notice to Claimant ddressed to the claim nt as shown above. Dated: � By: JOHN SWEnEN, CLERK By eputy Clerk 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. I I i I I r Claim to: . BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIIviANT 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 RECEIVE. ) Against the County of Contra Costa or ) MAY .2 4 2001 l District) CLERK BOARD OF Si PEWISORS CONTRA COSTA CO. (Fill in name) ) The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named district in the sum of$—U,0 d0 and in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact date and hour) 2. Where did the damage or injury occur? (Include city and county) Sec 3. How did the damage or injury occur?(Give full details;use extra paper if required) 4.' What particular act or omission on�the part of county or district officers, servants, or employees caused the injury or damage? j 5. What are the names of county or district officers, servants, or employees causing the damage or injury? I 6. What damage or injuries do you claim resulted?(Give full extent of injuries or damages claimed. Attach two estimates for auto damage.) 1 Seta Sl erg I 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) we-- 8. em8. Names and addresses of witnesses, doctors, and hospitals. 5<c I 9. List the expenditures you made on account of this accident or injury. DATE TME AMOUNT A(a. I 1 ) 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 ) ' Ow va VUOI\�e (Claimant's Signature) (Address) CL� Telephone No. -731$1 )Telephone No. (5-16 S--1 ? s#*****s****s**#s******�******;*****s*****s***s*sa*s*****s�s�*s**ss***s***s**ss*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($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. I David Blatte 2161 Shattuck Ave., Ste.1227 Berkeley, CA 94704 State Bar Number 208378 ph: (510) 548-7382 fax: (510) 548-7377 Attorney for Claimant FACTS 1. Claimants Dorothy and Thomas Starick live at 5108 Laurel Drive in Concord, Contra Costa County, and owned a dog named Nicole. 8. On March 29, 2001, a five year old neighbor of the Staricks, Matthew Vanderstraeten, was petting Nicole. Matthew put his arms around Nicole at which time Nicole snapped at Matthew, causing three cuts around Matthew's eye. 9. After tending to Matthew, Dorothy Starick called her insurance company. The insurance company advised her to call the police, who advised her to call Contra Costa County Animal Services Department (Animal Services). 10. Ms. Starick called Animal Services, and Animal Services informed her that they would be picking Nicole up the next day to quarantine her. 11. On the next day, March 30, 2001, Mike Russell, an employee of Animal Services, came to the Starick'residence driving a truck owned by Animal Services and identified as vehicle 5432. Said truck contained several enclosed compartments. Each compartment was entirely enclosed except for two small air holes. 12. At Russell's direction, Thomas Starick put Nicole into the right tear compartment. Russell drove away at approximately 12:15 p.m. 13. Russell turned on the fan to the compartment but did not turn on the evaporative cooler. The water-tanks were empty. Complaint-Page 1 I 14. The high temperature that day was 85°. I 15. When Russell arrived at Animal Services at approximately 2:55 p.m. Nicole I was in distress. I 16. Nicole died later that day. An necropsy indicated that Nicole evidenced a condition"consistent with disseminated intravascular coagulation ... often a manifestation of heatstroke." 17. The Staricks were not informed of Nicole's death until three days later, on April 2, 2001. j COUNT Property Damage- Negligence 18. By maintaining compartments to transport animals that are were not properly ventilated and/or cooled, and by confining Nicole in a compartment for over two hours on a hot day, and by not providing water, the County negligently caused the death of Nicole. 19. The purchase price of Nicole was $1,200. 20. The value of Nicole to claimants far exceeds that amount. However, for purposes of this claim claimant place that value at $15,800. I COUNT H Negi ligent Infliction of Emotional Distress 21. By negligently causing the death of claimants' dog, and by failing to inform claimants of the death of their dog for three days, the County negligently inflicted emotional distress on claimants. 22. The amount of emotional distress is estimated to be $3,000. I I Complaint-Page 2 I i i i OTHER WITNESSES 23. Witness other than those named above include: a. Registered Veterinary Technicians M. Archer and K. Ferronato; b. Veterinary Consultant R. Bachman; c. Clinic Veterinarian R. Groff; d. Lt. N. Anderson of Animal Services; e. Deputy Director of Animal Services T. Brasier; f. Lt. A. Gamez of Animal Services; g. County Fleet Management; h. IDEXX Veterinary Services. Dated: S(1310 David Blatte Attorney for Claimants Complaint-Page 3 I' Fl I C".-V i'. F.I. hIZ7 I " enI. r- N APPLICATION TO FILE LATE CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Application to File Late Claim NOTICE TO APPLICANT June 26 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 (ATI 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: Cipriano Diaz-Renteria Attorney: Frank J. Christy JR MAY3 0 2001 Address: - P.O. BOX 4899 COUNTY COUNSEL Petaluma, CA 94955 MARTINEZ CALIF. Amount: Unknown By delivery to Clerk on: May 29, 2001 Date Received: May 29, 2001 By mail, postmarked on: May 24, 2001 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above noted.Application to File Late Claim. DATED: May 29, 2 01 JOHN SWEETEN, Clerk, By: 1k4ol DEPUTY I1. FROM: County Counsel TO: Clerk of the Board of Supervisors i ( ) The Board should grant this Application to File Late Claim (Section 911.6). The Board should deny this Application to File Late Claim (Section 911.6). DATED: J�"�p.,y SILVANO B. MARCHESI, County Counsel, By: DEPUTY Ill. 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). certify that this a true and correct copy of the Board's Order entered in its minutes for this date. DATE:111-1�1�GQ OHN SWEETEN, Clerk, By: # 1(di�yDEPUTY WARNING (Gov. Code §911.8) If you wish to file a court action on this matter,you must first petition the appropriate court for an order relieving you from the provisions of Government Code Section 945.4 (claims presentation requirement). See Government Code Section 946.6. Such petition must be filed with the court within six (6) months from the date your application for leave to present a late claim was denied. 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. IV. FROM: Clerk of the Board TO: (1) County Counsel (2) County Administrator Attached are copies of the above Application. We notified the applicant of the Board's action on this Application by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. DATED: ,C-VL ,-;�" JOHN SWEETEN, Clerk, By: DEPUTY V. F M: (1) County Counsel (2).County Administrator TO: Clerk of the Board of Supervisors Received copies of this Application'and Board Order. DATED: County Counsel, By: County Administrator, By: APPLICATION TO FILE LATE CLAIM LAW OFFICES OF FRANK J. CHRISTY, JR. Of Counsel Facsimile Jeanine F.Gisvold P.O. Box 4899 (707)762-3538 Petaluma, CA 94955 Also admitted in (707) 773-2714 Virginia and Washington, D. C. May 24, 2001 Board of Supervisors RECEIVED Attn: Clerk of the Board Supervisors MAY .2 9 2001 651 Pine Street, First Floor Martinez, CA 94553-1293 CLERK BOARD C. :,UPERVISORS CONTRA Cc STA CO. Re: Date of Loss: October 27, 2000 Our Cine: Cipriano Diaz-Renteria Your Claim No.`. 47726 Dear Sir or Madam: Monika L. Cooper of the County Counsel's Office advised us to present this Application to File Late Claim to your attention. Initially, on April 25, 2001, I contacted the Contra Costa County Sheriff s Department and asked them to whom we should submit a Governmental Claim against the Sheriff s Department. I was advised that the Claim should be submitted to the Sheriffs Department and that it would be forwarded as necessitated. Consequently, we forwarded the attached claim to the Sheriffs Department in a timely manner. We were subsequently advised by the County Counsel's Office that a portion of our claim was not timely since it was not received by the Board of Supervisors until May 8, 2001. In light of the foregoing, it is respectfully requested that the claim of Cipriano Diaz- Renteria be accepted by the Board of Supervisors since any delay in presenting the claim to the Board was a result of our reliance on instructions from the Sheriffs Department. Thank you for your consideration of this request, and please call me if you have any questions regarding this letter. Ve t ly ours, Frank . Christy, Jr. FJC/dck Enclosure i i Office of the County Counsel Contra Costa County 651 Pine Street, 9th Floor Phone: 335-1800 Martinez, CA 94553 Fax: 646-1078 I ENCLOSURE MEMORANDUM RECEIVED MAY 0 .8 2001 ; CLERK BOARD OF SUPERVISORS Date: May 8, 2001 CONTRA COSTA CO. ; To: Ann Cervelli, Chief Clerk Clerk of the Board of Supervisors From: Silvano B. Marchesi, County Counsel by: Bernard L. Knapp, Deputy County Counsel i Subj: Claim of Cipriano Diaz-Renteria ; Please process the attached Statutory Claim Against Public Entity of Cipriano Diaz-Renteria, which was served on the Office of the Sheriff on May 1, 2001 and received by our office on May 7, 2001. ; Thank you. cc: Risk Management Lt. Dale Varady, Office of the Sheriff 1ATORTB0S\DIaz-Renterta claim memompd ' i LAW OFFICES OF FRANK J. CIMSTY, JR. Of Counsel Facsimile Jeanine F.Gisvold Mailing Address: P.O. Box 4899 (707)762-3538 Petaluma, CA 94955 Also admitted in (707) 773-2714 Virginia and Washington, D. C. ; April 26, 2001 Contra Costa County Sheriff's Department Administration Office 651 Pine Street, 7`h Floor Martinez, CA 945.53 Re: Cipriano Diaz-Renteria v. Contra Costa County (Sheriff's Department) New Claim Dear Sir or Madam: Enclosed please find an Original and 1 copy of Cipriano Diaz-Renteria's Statutory Claim Against Public Entity. Please return a file-endorsed copy of the Claim to us in the envelope provided. Should you have any questions regarding the enclosed Claim, please contact Mr. Christy. Very truly yours, Donna C. Kamahele Assistant to Frank J. Christy, Jr. Enclosures i i i I FRANK J. CHRISTY,:JR., SBN 119615 LAW OFFICES OF FRANK J. CHRISTY, JR. 2 Mailing Address: P.O: Box 4899 Petaluma, CA 94955 3 Telephone: (707) 773-2714 Facsimile: (707) 762-3538 4 Attorneys for Claimani 5 6 7 8 9 10 CIPRIANO DIAZ-RENTERIA, ) STATUTORY CLAIM AGAINST 11 I ) PUBLIC ENTITY Claimant, ) 12 ) vs. ) 13 ) CONTRA COSTA COUNTY, ) 14 ) IS Respondent. ) ) 16 ) 17 TO: CONTRA COSTA COUNTY (SHERIFF'S DEPARTMENT) 18 Claimant Cipriano Diaz-Renteria hereby makes claim against CONTRA COSTA 19 1 20 COUNTY (SHEFIFF'S DEPARTMENT) and makes the following statements in support of the 21 claim: 22 NAME AND ADDRESS OF CLAIMANT 23 Claimant is Cipriano Diaz-Renteria, care of Frank J. Christy, Jr., Law Offices of Frank J. 24 Christy, Jr., P.O. Box 4899, Petaluma, CA 94955, Telephone: (707) 773-2714. 25 PERSON TO WHOM NOTICES SHOULD BE SENT 26 Notices concerning the claim should be.sent to Claimant's attorney of record Frank J. 27 Christy, Jr. at: 28 Claim 1 I Frank J. Christy, Jr. Law Offices of Frank J. Christy, Jr. 2 P.O. Box 4899 Petaluma, CA 94955 3 (707) 773-2714 4 DATE AND TIME OF INJURY 5 The date and time of the occurrence giving rise to this claim are: October 27, 2000 and 6 continuing thereafter. LOCATION OF OCCURRENCE 8 Contra Costa County Jail, Martinez, California. 9 CIRCUMSTANCES OF OCCURRENCE 10 The circumstances giving rise to this claim are as follows: On October 27, 2000, at 11 approximately 6:33 p.m., Claimant Cipriano Diaz-Renteria was pulled over on 7`h Street in 12 Richmond, California and cited by Officer Roderick, Badge No. 267, of the City of Richmond 13 Police Department fora traffic violation. 14 After Officer Roderick issued the aforementioned citation, he informed Claimant that he 15 was placing him under arrest because of outstanding warrants in San Mateo and Marin County. 16 Claimant was informed that the warrants were for one Cipriano.Diaz— not Cipriano Diaz- 17 Renteria. Claimant thereafter informed Officer Roderick that he name was Cipriano Diaz- 18 Renteria and that he was not aware of any outstanding warrants. Claimant also advised Officer 19 Roderick that he had recently been issued a new California Drivers License on October 20, 20 2000, and that he would not have been issued the license—which Officer Roderick had in his 21 possession—if he had outstanding warrants. Finally, the name on the Traffic Citation issued by 22 Officer Roderick was Cipriano Diaz-Renteria. 23 Despite the foregoing, Officer Roderick arrested Claimant and took him to the 24 Richmond Police Department Jail. Thereafter, Claimant was transferred to the Contra Costa 25 County Jail during:the evening of October 27, 2000, without any effort by the Richmond Police 26 Department to determine whether Claimant was in fact the person for whom the warrants had 27 been issued. 28 2 Claim I . I r • I I I Claimant was booked into the Contra Costa County Jail on October 27, 2000, without 2 any effort by Sheriff Department Personnel to determine whether Claimant was in fact the 3 person for whom the warrants had been issued. Claimant was detained at the Contra Costa 4 County Jail until October 31, 2000, at which time he was transferred to the San Mateo County 5 Jail. During his detention in the Contra Costa County Jail, Claimant and his pregnant wife— 6 Damarys—repeatedly advised Sheriff Department personnel that Claimant was not Cipriano 7 Diaz and that if they would compare fingerprints or photographs of the two, they could confirm 8 that they were detaining the wrong person. Claimant's requests — as well as those of his wife - 9 were ignored by Sheriff Department personnel. 10 On October 311, 2000, Claimant was booked into the San Mateo County Jail in Redwood 11 City, California. Claimant was arraigned on or about November 2, 2000, in San Mateo County 12 Superior Court in the;action entitled People v. Cipriano Diaz, Case No. NM 247-539A. At the 13 hearing, Claimant advised the Court that he was not Cipriano Diaz and that if his fingerprints or 14 photographs were compared with that of Cipriano Diaz they would confirm that he was not the 15 proper defendant. The Court thereafter Ordered the case continued until December 20, 2000, 16 and the release of Claimant on his own recognizance. The matter was subsequently continued 17 until January 2001, and on January 2, 2001, Claimant returned to the San Mateo County 18 Superior Court and at that time Case No. NM 247-539A was dismissed in the interest of justice 19 since the person in the Court (Claimant) was not the right defendant. 20 DESCRIPTION OF DAMAGES I 21 This claim is;for general damages, special damages, violation of constitutional rights, 22 emotional distress, loss of income, loss of earning capacity, punitive damages, attorneys' fees, I 23 and costs of suit arising from placing Claimant in false light, false arrest, false imprisonment, 24 malicious prosecution, violation of Claimant's constitutional rights, and otherwise. 25 IDENTITY OF PUBLIC EMPLOYEES CAUSING INJURY 26 The identity of the public employee(s) causing Claimant's inJu. ries are presently 27 unknown. 28 HI Claim 3 I I I 1 AMOUNT OF CLAIM 2 As of this date, the claim is in an amount within the jurisdiction of the Contra Costa 3 County Superior Court (Unlimited Jurisdiction). The claim is based upon an amount to be 4 proven later. 5 IDENTITY OF WITNESSES 6 Witnesses include claimant, his wife —Damarys Diaz-Renteria. The identity of other 7 ' witnesses is presently unknown. 8 COURT OF APPROPRIATE JURISDICTION 9 The California Court of appropriate jurisdiction over this claim is the Superior Court for 10 the County of Contra Costa. 11 The Federal:Courtof appropriate jurisdiction over this claim is the United States District 12 Court, Northern District of California. 13 I 14 15 Dated: April 25, 2.001 LAW OFFICES OF FRANK J. CHRISTY, JR. 16 17 18 Frank . Christy, Jr. Attorney or Claimant 19 I 20 21 22 23 24 25 26 27 I 28 ; I I 4 Claim i i I FRANK J. CHRISTY, JR., SBN 119615 LAW OFFICES OF FRANK J. CHRISTY, JR. 2 Mailing Address: P.O. Box 4899 Petaluma, CA 94955 ' 3 Telephone: (707) 773-2714 Facsimile: (707) 762-3538 4 Attorneys for Claimant 5 6 7 8 9 10 CIPRIANO DIAZ-RENTERIA, ) STATUTORY CLAIM AGAINST 11 I ) PUBLIC ENTITY Claimant, ) 12 ) vs. _ 13 ) CONTRA COSTA COUNTY, ) 14 ) 15 Respondent. I ) 16 ) 17 TO: CONTRA'COSTA COUNTY (SHERIFF'S DEPARTMENT) 18 Claimant Cipriano Diaz-Renteria hereby makes claim against CONTRA COSTA 19 20 COUNTY (SHEFIFF'S DEPARTMENT) and makes the following statements in support of the 21 claim: NAME AND ADDRESS OF CLAIMANT 22 23 Claimant is Cipriano Diaz-Renteria, care of Frank J. Christy, Jr., Law Offices of Frank J. 24 Christy, Jr., P.O. Box 4899, Petaluma, CA 94955, Telephone: (707) 773-2714. 25 PERSON TO WHOM NOTICES SHOULD BE SENT 26 Notices concerning the claim should be sent to Claimant's attorney of record Frank J. 27 Christy, Jr. at: 28 Claim 1 i i 1 Frank J. Christy, Jr, Law Offices of Frank J. Christy, Jr. 2 P.O. Box 4899 Petaluma, CA 94955 3 (707) 773-2714 4 DATE AND TIME OF INJURY 5 The date and time of the occurrence giving rise to this claim are: October 27, 2000 and 6 continuing thereafter. 7 LOCATION OF OCCURRENCE 8 Contra Costa County Jail, Martinez, California. 9 CIRCUMSTANCES OF OCCURRENCE 10 The circumstances giving rise to this claim are as follows: On October 27, 2000, at 11 approximately 6:33 p.m'., Claimant Cipriano Diaz-Rentena was pulled over on 7`h Street in 12 Richmond, California and cited by Officer Roderick, Badge No. 267, of the City of Richmond 13 ' Police Department for a traffic violation. 14 After Officer Roderick issued the aforementioned citation, he informed Claimant that he 15 was placing him under arrest because of outstanding warrants in San Mateo and Marin County. 16 Claimant was informed that the warrants were for one Cipriano Diaz— not Cipriano Diaz- 17 Rentena. Claimant the informed Officer Roderick that he name was Cipriano Diaz- 18 Renteria and that he was not aware of any outstanding warrants. Claimant also advised Officer 19 Roderick that he had recently been issued a new California Drivers License on October 20, 20 2000, and that he would not have been issued the license—which Officer Roderick had in his 21 possession—if he had;outstanding warrants. Finally, the name on the Traffic Citation issued by 22 Officer Roderick was Cipriano Diaz-Rentena. 23 Despite the foregoing, Officer Roderick arrested Claimant and took him to the _ 24 Richmond Police Department Jail. Thereafter, Claimant was transferred to the Contra Costa 25 County Jail during the evening of October 27, 2000, without any effort by the Richmond Police 26 Department to determine whether Claimant was in fact the person for whom the warrants had 27 been issued. 28 ' - 2 Claim 3� CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTIO IIk 5une,Qu,aool Claim Against the County, or District Governed by ) the Board of Supervisors, Routing Endorsements, I NOTICE TO CLAIMANT and Board Action. All Section references are to ) The copy of this document mailed to you is your California Government Codes. notice of the action taken on your claim by the Board of Supervisors. (Paragraph IV below), given pursuant to Government Code Section 913 and JUVI 13 2001 915.4. Please note all "Warnings". COUNTY COUNSEL AMOUNT: $50,000 to Date MARTINEZCALIF. CLAIMANT: Golestan Investments Corp DBA The Golden Skate ATTORNEY: Singer & Deutsch DATE RECEIVED: June 13, 2001 ADDRESS: 440 N First St ;'200 BY DELIVERY TO CLERK ON: June 13, 2001 San Jose, CA 95112 BY MAIL POSTMARKED: I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. JOHNETEN C er Dated: June 13, 2001 By: Deputy. H. FROM: County Counsel TO: Clerk of the Board of Supervisors ( This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). I ( ) 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: RL&WDated: JLBy: Deputy County Counsel III, FRON1 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: AA This Claim is rejected in full. Other: I cert if that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: l�. U ;JOHN SWEETENClerk, 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 MAILING I declare under penalty of perjury that I' am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the clai rnt as shown above. Dated. .• ' O/ By: JOHN SWEETEN, CLERK By 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 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 i 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 I I �I I i I AMOUNT OF CLAIM 2 As of this date, the claim is in an amount within the jurisdiction of the Contra Costa 3 County Superior Court (Unlimited Jurisdiction). The claim is based upon an amount to be 4 proven later. 5 IDENTITY OF WITNESSES 6 Witnesses include claimant, his wife— Dainarys Diaz-Renteria. The identity of other 7 witnesses is presently unknown. 8 COURT OF APPROPRIATE JURISDICTION 9 ' The Califom!ia Court of appropriate jurisdiction over this claim is the Superior Court for 10 the County of Contra Costa. 11 The Federal;Court of appropriate jurisdiction over this claim is the United States District 12 Court, Northern District of California. 13 14 15 Dated: April 25, 2001 . LAW OFFICES OF FRANK J. CHRISTY, JR. 16 1, 17 y 18 Frank . Christy, Jr. Attomey r Claimant 19 20 21 22 23 24 25 26 27 28 4 Claim RECEIVED 1 CLAIM FOR PERSONAL INJURIES JUN 0 1 2001 2 Claim of Golestan Investments Corporation dba ) No. DANVILLE CITY ATTORNEY 3 The Golden Skate ) CLAIM FOR PERSONAL 4 ) INJURIES (GOVERNMENT Golestan Investments Corporation dba ) CODE SECTION 910) 5 The Golden Skate ) 6 vs. ) 7 ) RECEIVED County of Contra Costa ) 8 ) JUN 13 2001 9 CLERK BOARD OF SUPERVISORS CONTRA COSTA CO. To the County of Contra Costa: 10 11 You are hereby notified that Golestan Investments Corporation dba as The Golden Skate, x 12 whose address is 2701. Hooper Drive, San Ramon, California 94583, claims damages from the VN 13 County of Contra Costa. N W � p O > Z of O W N O LLQ N ; n 14 This claim is based on a libelous and slanderous statement sustained by claimant on or � W 0 ¢ vow 15 s w Z o `LL about March 10, 2001, in the City of Danville, County of Contra Costa, under the following C7 z N 16 � jurisdiction of the County of Contra Costa, under the following circumstances: 17 Sometime in approximately February of 2001, Officer Linda Reno of the Danville Police 18 19 Department communicated to individuals at Green Valley School in Danville, California that 20 The Golden Skate allows drinking and drug use at its facility and is not an appropriate place for 21 children. Subsequently, on March 10, 2001, Officer Troy Craig alleged in front of a community 22 group that"Ecstasy" is being used by customers at The Golden Skate. 23 The names of the public employees causing claimants' injuries under the described 24 circumstances are: Officer Linda Reno, Officer Troy Craig, and Chief Gregory D. Gilbert. 25 26 27 28 1 CLAIM FOR PERSONAL INJURIES(GOVERNMENT CODE SECTION 910) I Claimant was booked into the Contra Costa County Jail on October 27, 2000, without 2 any effort by Sheriff Department Personnel to determine whether Claimant was in fact the 3 person for whom the warrants had been issued. Claimant was detained at the Contra Costa 4 County Jail until October 31, 2000, at which time he was transferred to the San Mateo County 5 Jail. During his detention in the Contra Costa County Jail, Claimant and his pregnant wife— 6 Damarys — repeatedly advised Sheriff Department personnel that Claimant was not Cipriano 7 Diaz and that if they would compare fingerprints or photographs of the two, they could confirm 8 that they were detaining the wrong person. Claimant's requests— as well as those of his wife - 9 were ignored by Sheriff Department personnel. 10 On October 31,:2000, Claimant was booked into the San Mateo County Jail in Redwood 11 City, California. Claimant was arraigned on or about November 2, 2000, in San Mateo County 12 Superior Court in the action entitled People V. Cipriano Diaz, Case No. NM 247-539A. At the 13 hearing, Claimant advised the Court that he was not Cipriano Diaz and that if his fingerprints or 14 photographs were compared with that of Cipriano Diaz they would confirm that he was not the 15 proper defendant. The Court thereafter Ordered the case continued until December 20, 2000, 16 and the release of Claimant on his own recognizance. The matter was subsequently continued 17 until January 2001, and on January 2, 2001, Claimant returned to the San Mateo County 18 Superior Court and at that time Case No. NM 247-539A was dismissed in the interest of justice 19 since the person in the Court (Claimant) was not the right defendant. 20 DESCRIPTION OF DAMAGES 21 This claim is for general damages, special damages, violation of constitutional rights, 22 emotional distress, loss of income, loss of earning capacity, punitive damages, attorneys' fees, 23 and costs of suit arising from placing Claimant in false light, false arrest, false imprisonment, 24 malicious prosecution, violation of Claimant's constitutional rights, and otherwise. 25 IDENTITY OF PUBLIC EMPLOYEES CAUSING INJURY 26 The identity of the public employee(s) causing Claimant's injuries are presently 27 unknown. 28 Claim 3 I • I The injuries sustained by claimant, as far as known, as of the date of presentation of this 1 2 claim, consist of loss patronage resulting from the slanderous and libelous statements made by 3 the above referenced police employees. 4 1 The amount claimed, as of the date of presentation of this claim is computed as follows: 5 DAMAGES INCURRED TO DATE 6 7 Loss of Earnings $50,000.00 (Approximately) 8 Future Loss of Earnings Unknown at this time 9 Total Amount Claimed las of Date of Presentation $50,000.00 10 Of this Claim 1 11 1 I x 12 1 V N All notices or other communications with regard to this claim should be sent to.- 13 o:13 1 L N LL I-' W w yon x Martin Deutsch, Esq. 14 Law Offices of Singer& Deutsch IL ad y 3 a e 440 North First Street, Ste. 200 15 5 w = o LL San Jose, California 95112 C7Z < 16 Phone number:. (408) 947-1751. z N Facsimile Transmission: (408) 947-0349 17 I 18 _ • 19 DATE: MARTIN DEUTSCH 20 Attorney for Claimant 21 22 1 23 I 24 25 26 27 28 2 CLAIM FOR PERSONAL INJURIES(GOVERNMENT CODE SECTION 910) I I i ... RECEIV. 1 CLAIM FOR PERSONAL INJURIES JUN 01 2oc 2 Claim of Golestan Investments Corporation dba ) No. 3 The Golden Skate ) DANVILLE CITY ATTR ,, CLAIM FOR PERSONAL 4 ) INJURIES (GOVERNMENT Golestan Investments Corporation dba ) CODE SECTION 910) ' 5 The Golden Skate ) I ) 6 vs. ) 7 County of Contra Costa Sheriff's Department ) 8 ) I ) 9 10 To the County of Contra Costa Sheriffs Department: 11 You are hereby'notified that Golestan Investments Corporation dba as The Golden Skate, 12 whose address is 2701 Hooper Drive, San Ramon, California 94583, claims damages from the N LL �n, 13 County of Contra Costa Sheriffs Department. U) W N ¢ n 0 LLQ y � ^ la This claim is based on a libelous and slanderous statement sustained by claimant on or o aS 15 3 w = o ' LL about March 10, 2001,1 in the City of Danville, County of Contra Costa, under the following C7 a a 16 NH jurisdiction of the County of Contra Costa Sheriffs Department, under the following 17 18 circumstances: I 19 Sometime in approximately February of 2001, Officer Linda Reno of the Danville Police 20 Department communicated to individuals at Green Valley School in Danville, California that 21 The Golden Skate allows drinking and drug use at its facility and is not an appropriate place for 22 children. Subsequently, on March 10, 2001, Officer Troy Craig alleged in front of a community I 23 group that "Ecstasy" is being used by customers at The Golden Skate. 24 The names of the public employees causing claimants' injuries under the described 25 circumstances are: Officer Linda Reno, Officer Troy Craig, and Chief Gregory D. Gilbert. 26 27 I . 28 1 CLAIM'FOR PERSONAL INJURIES (GOVERNMENT CODE SECTION 910) I I ' i 9. 1 The injuries sustained by claimant, as far as known, as of the date of presentation of this 2 claim, consist of loss patronage resulting from the slanderous and libelous statements made by 3 the above referenced police employees. 4 The amount claimed, as of the date of presentation of this claim is computed as follows: 5 DAMAGES INCURRED TO DATE 6 I 7 Loss of Earnings $50,000.00 (Approximately) 8 Future Loss of Earnings Unknown at this time 9 Total Amount Claimed as of Date of Presentation $50,000.00 10 Of this Claim 11 12 U N All notices or other communications with regard to this claim should be sent to: "' o � C, 13 L N t t Q y w y Q „ o Martin Deutsch, Esq. LL Ca N � ^ 14 Law Offices of Singer & Deutsch oy ` m 440 North First Street Ste. 200 LL " 15= San Jose, California 95112 JW ° '� z a y 16 Phone number: (408) 947-1751. Facsimile Transmission: (408) 947-0349 17 18 1 DATE:: ! c oo n�-- ✓�. MARTIN DEUTSCH 20 Attorney for Claimant 21 22 23 24 25 26 27 28 2 CLAIM FOR PERSONAL INJURIES (GOVERNMENT CODE SECTION 910) I tS- ' f � 04, c � P oo Q0 0 Lo cPr. -n v W cn o C� N o-oa co �@ � 2. cr -n o L) 0 O G � co N A.r• ,