Loading...
HomeMy WebLinkAboutMINUTES - 06052001 - C.16 V, i CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTIO June 5, 2001 Claim Against the County, or District Governed by I 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 ���ma��� pursuant to Government Code Section 913 and APR 3 0 2001 915.4. Please note all "Warnings". AMOUNT: $312 COUNTY COUNSEL MARTINEZ CALIF. CLAIMANT: Shannon Casillas ATTORNEY: None DATE RECEIVED: April 30, 2001 ADDRESS: 158 Poinsettia Ave BY DELIVERY TO CLERK ON: April 30, 2001 Bay Point, CA 94565 , BY MAIL POSTMARKED: I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. JOA SWE Et4 Clerk Dated: April 30, 2001 By: Deputy C 11FRO - 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: `T6By:� 'A� 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). TV. 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: JOHN SWEETEiV Clerk, Byhftlj�puty 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 M4113NG I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant addressed to the claimant as shown above. Dated: _ p- m By: JOHN SWEETEN, CLERK By �l ® 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 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. 40 - 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 1001' 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 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. 1rlartine7- CA 94-4-43. 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. = at the end of this form. R.E. Claim by. ) Reserved for Clerk's Filing Stamp > RECEIVE® ) Against the County of Contra Costa APR 3 p 2001 or CLERK BOARD OF SUPERVISORS CONTRA COSTA CO. District ) (Filf in Name) The undersigned claimant hereby makes claim against the Countv of Contra Costa or the above named District in the,sum of S a7 06 and in,support of this claim represents as follows: 1. W hen dirk the !lam:,r,T,E'.or iniur- occur? sive exact Pate and Hour'. 11' P^��-��1�_�vJa�-_�Jr►�PCr-ra�.e.,; 2. W here did the damage or injury occur? (Include City County i J1 brl/1 q M lA at Cl L4 A{� hOrytQ 6"M �J fha l- Time. Q- -- bin ------- n_{rot._ CSfA__�O-Q ---Da-l�i)e --��-------=- 3. ow did the damage or injury occur? f Give f W details: use extra par if required) 5(iI_t�/_ Q� _ a i1 _ el•_ _n�i�_}�2_ �i J�_[2_Ae—idC _�an e_ 4. What particulir- ct or omission on tHtrp.art of county or district officers, sen•ants, or employees caused the injury or damage? e alnfrin o he- roac/ caused Over -1P'n 0vim ecv� (Over) R aug pur luamuosiadmr q:)ns qloq :;q to `( 000`ols ) S1Tpp pursnogl am fuipaamxa lou jo aug r .;q `uosud aims aql ui laauruosudmi .;q .io auk pur luauiuosudmi Bans gloq .;q .ro •( 000•is ) sjriiop pursnogl auo nulpaaama IOU jo ;)uU r .;q `im,%•auo aryl aiouz IOU}o pouad r lo3 Irrf .;lunoa aql ui laamuosudmr Sq laglia aigrgsiund si `Durlu.ff to •.taganon. 'lunoaar 41pq •mP'ia luainpnrlj to asirj .;ur -auinuaD j! amrs ag1.;rd to .ffo(Tr of pazuoglnr `saarWo 10 p4roq loulsip.to .;lea .tlunoa .;Ur of jo `iaag;o io p1Eoq ams .iur of luaui.;r.d ioj jo aourm.ojjr ioj:slgasald �pnrl;ap of 1Qalui gnid.. uossad .ilan3,; :sap�iwd apo 1ruad aql jo Z:; aop-jaS 3JI104 �S'b �1 r oti auogdalaZ •o4 auogdafal Sh6 {� 7 �U/ o r)10 ssa 1ppy i O Yf v/t 9 S a ( aarurunrS s.iurruiriJ ) O 1 .:aruouy jo ssa1PPF Pur aurr�kj it a0 aoSlad au10ti to (.'auaou .g q f) :O.L SaDLLO!� Qti3S i •lurilimp agj-;q-pauLis aq lsnru mrrja aqL,• t ' :sap!.io rd 7016 -aac apc] 'AOf) LvIO k ttiaLt arta vd :.unfui io luap!aar sigl}o lunoaar ao�a rm nori sa.rnitpuadsa aql lsr'I .6 9 1°""S la ' -sir adsoq pur.•s-iol3 Sassaulr.h jo sassolppr pur sauirIs; •g (•aorturp zo.ijnfut ani=adsosro iunoutr pa�rwgsa aq3 apni3tq? -paindruo� rut, pauirria a: oq�r aql Srm .%fog - -- - - - �b�-=a ----�-- U�n� �7�0� .. .. -- .. ,. . . aorumip olnr lol swicurnsa o*u tpcuN 'pawTup saoeulrp 10 saunfui jo ruaixa unj aelt:)) ,,palinsw u mp nori op saunfui ro saDrmrp lrq,b 9 - ----------------:-----------5' litvU_' �aN�Ocold i%-- ;;_unfui io aormrp aql Duisnro saa�ojdma so•slur.uas`sia:)Wo lauisip io .iaunoJ;o sauiru aql air = ��'Y-ia�n_o�;• ._l..Q�_2-�"_Zn_e_ w 2r�e_ .a r_%.�r�: -.-�•�e ,_ o-_ _ 1 +1-vI• ,—--—e ;cia_�_ '- X - - -_-_ ._,r"•�- - - - - - -ter_ f �� � . .. . . __� __ _ - •. i. � i `� '�'. ..�` . .. ,., . � � � .. ... • _ .�_ Tom. _. .. ' � .. �' .. .. :. � - ... -- .___ '1_� - ____.___ .2i� .. . • - _ Date: 4/26/01 09:59 AM Estimate ID: 17759 Estimate Version: 0 Preliminary Profile ID: Mitchell JIM'S CALIF. AUTO BODY, INC. 1615 W.10TH STREET Antioch,.CA 94509 (925)754-7600 Fax: (925)754-3614 Tax ID: 94-2227228 BAR#: AH134092 EPA#: CAD983607524 Damage Assessed By: James Maltbie Deductible: UNKNOWN Insured: SHANNON CASIALLAS Address: 158 POINTSETTA AVENUE BAYPOINT,CA 94565 Mitchell Service: 911389 Description: 2000 Mitsubishi Galant ES Vehicle Production Date: 6/00 Body Style: 4D Sed Drive Train: 3.OL Inj 6 Cyl 4A VIN: 4A3AA46L9YE173229 License: 4NJF033 CA OEM/ALT: 0 Search Code: None Color: BLUE Line Entry Labor Line Item Part Type/ Dollar Labor Item Number Type Operation Description Part Number Amount Units_ 1 100221 BDY REMOVE/REPLACE R FENDER LINER MR439544 33.58 0.4 2 900500 BDY* REMOVE/REPLACE R QTR MUDGUARD New 3.50• 0.2* 3 900500 BDY* ADD'L LABOR OP CLEAN PAINT FROM RT SIDE OF VEHICLE Existing 4.0* 4 100237 BDY REMOVE/REPLACE R FENDER MUDGUARD MR287782 3.50 0.2 * -Judgement Item Add'I Labor Sublet 1. Labor Subtotals Units Rate Amount Amount Totals II. Part Replacement Summary Amount Body 4.8 56.00 0.00 0.00 268.80 Taxable Parts 40.58 Sales Tax @ 8.000% 3.25 Non-Taxable Labor 268.80 Total Replacement Parts Amount 43.83 Labor Summary 4.8 268.80 111. Additional Costs Amount IV. Adjustments Amount Total Additional Costs 0.00 Customer Responsibility 0.00 I. Total Labor: 268.80 II. Total Replacement Parts: 43.83 111. Total Additional Costs: 0.00 Gross Total: 312.63 ESTIMATE RECALL NUMBER: 4/2610109:59:49 17759 UltraMate is a Trademark of Mitchell International Mitchell Data Version: MAR_01_A Copyright(C)1994-2000 Mitchell International Page 1 of 2 UltraMate Version: 4.6.004 All Rights Reserved Date: 4/26/01 09:59 AM Estimate ID: 17759 Estimate Version: 0 Preliminary Profile ID: Mitchell IV. Total Adjustments: 0.00 Net Total: 312.63 This is a preliminary estimate. Additional changes to the estimate may be required for the actual repair. AUTHORIZED AND ACCEPTED: You are hereby authorized to make the above specified repairs, I understand that payment in full will be due upon release of vehicle, including additional supplemental damage charges, and hereby grant you and/or your employees, permission to operate the car, truck or vehicle herein described on street, highways or elsewhere for the purpose of testing and/or inspection. An expressed mechanic's lien is acknowledged on above car, truck or vehicle equal to the amount of repairs thereto, You will not be responsible for loss or damage to vehicle or articles lost in vehicle in case of fire, theft, accident or any other cause beyond your control. ALL OLD/DAMAGED PARTS REMOVED FROM VEHICLE WILL BE DISPOSED OF UNLESS REQUEST OTHERWISE PRIOR TO REPAIRS. ******* NO CREDIT CARDS ACCEPTED ***** REPAIRS AUTHORIZED BY DATE ESTIMATE RECALL NUMBER: 4/26/0109:59:49 17759 UltraMate is a Trademark of Mitchell International Mitchell Data Version: MAR_01_A Copyright(C)1994-2000 Mitchell International Page 2 of 2 UltraMate Version: 4.6.004 All Rights Reserved I 04/26/2001 at 10:47 AM Job Number: 25297 VORNHAGEN BODY AND PAINT License #:AF 167121 Federal ID #:680466225 600 Harvest Park Dr. Brentwood, CA 94513 (925) 516-1969 Fax: (925) 516-9166 PRELIMINARY ESTIMATE Written by: Kevin Vornhagen # Adjuster: Insured: SHANNON CASILLAS Claim # Owner: SHANNON CASILLAS Policy # Address: 158 POINTSETTA AVE Deductible: BAYPOINT, CA 94565 Date of Loss: Day: Type of Loss: Evening: Point of Impact: Inspect VORNHAGEN BODY AND PAINT Business: (925)516-1969 Location: 600 Harvest Park Dr. Brentwood, CA 94513 Insurance Company: Days to Repair 2000 MITS GALANT ES 4-2.4L-FI 4D SED Int: VIN: 4A3AA46L9YE173229 Lic: 4NJF033 CA Prod Date: 06/2000 Odometer: Air Conditioning Rear Defogger Tilt Wheel Cruise Control Intermittent Wipers Keyless Entry Body Side Moldings Dual Mirrors Clear Coat Paint Power Steering Power' Brakes Power Windows Power Locks Power Mirrors AM Radio FM Radio Stereo Cassette Driver Airbag Passenger Airbag Cloth Seats Bucket Seats Automatic Transmission ------------------------------------------------------------------------------- NO. OP. DESCRIPTION QTY EXT. PRICE LABOR PAINT ------------------------------------------------------------------------------- 1 FENDER 1 u. ,. .� _ +' . . _ _ . . � . . 04/26/2001 at 10:47 AM Job Number: 25297' PRELIMINARY ESTIMATE 2000 MITS GALANT ES 4-2.4L-FI 4D SED Int: ------------------------------------------------------------------------------- NO. OP. DESCRIPTION QTY EXT. PRICE LABOR PAINT ------------------------------------------------------------------------------- 2 Repl RT Fender liner 1 33.58 0.4 0.0 3 Repl RT Stone guard 1 3.50 0.2 0.0 4# CLEAN PAINT FROM RT SIDE OF 1 0.00 0.0 0.0 5# CAR 1 0.00 4.0 0.0 6 QUARTER PANEL 7 Repl RT Stone guard DE, ES 1 2.75 0.2 0.0 ------------------------------------------------------------------------------- Subtotals =_> 39.83 4..8 0.0 Parts 39.83 Body Labor 4.8 hrs @ $ 56.00/hr 268.80 ---------------------------------------------------- SUBTOTAL $ 308.63 Sales Tax $ 39.83 @ 8.0000% 3.19 ---------------------------------------------------- GRAND TOTAL $ 311.82 ADJUSTMENTS: Deductible 0.00 ---------------------------------------------------- CUSTOMER PAY $ 0.00 INSURANCE PAY $ 311.82 This is just an estimate of repairs, if on futher inspection, additional parts or repairs are needed, you will be contacted for authorization. We are not responsible for loss or damage to your vehicle from fire, theft, accidents, or cause beyond our control. Nor are we responsible for any damage to car alarms and stereos! We warrant our workmanship, including refinishing, for one year. 2 � �I } . �. _ 04/26/2001 at 10:47 AM Job Number. 25297 PRELIMINARY ESTIMATE 2000 MITS GALANT ES 4-2.4L-FI 4D SED Int: Estimate based on MOTOR CRASH ESTIMATING GUIDE. Unless otherwise noted all items are derived from the Guide ARP6241 Database Date 1/2001 and the parts selected are OEM-parts manufactured by the vehicles Original Equipment Manufacturer. Asterisk (*) or Double Asterisk (**) indicates that the parts and/or labor information provided by MOTOR may have been modified or may have come from an alternate data source. Non-Original Equipment Manufacturer aftermarket parts are described as AM or Qual Rep! Parts. Used parts are described as LKQ, Qual Recy Parts, RCY, or USED. Reconditioned parts are described as Recon. Recored parts are described as Recore. NAGS Part Numbers and Prices are provided from National Auto Glass Specifications, Inc. Pound sign (#) items indicate manual entries. Pathways - A product of CCC Information Services Inc. 3 C;. 1 0 . CLAM BO.NRD OF SUPERVISORS OF CONTRA COSTA COL'NTY, CALIFORNIA BOARD ACT1UIIt June 5, 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 I The copy of this document mailed to you is your California Government Codes. I notice of the action taken on your claim by the ;'j 11 7-11 'Em of Supervisors. (Paragraph IV below), given pursuant to Government Code Section 913 and MAY m 3 2001 915.4. Please note all "Warnings". AMOUNT: $50,000,000 COUNTY COUNSEL MARTINEZ CALIF. CLAIMANT: Josef Koslowski P-01556 ATTORNEY: None DATE RECEIVED: Inter.-mfiil May 2, 2001 ADDRESS: 450-1-77 Low BY DELIVERY TO CLERK ON: May 2, 2001 P.O. Box 9 Avenal, CA 93204 BY MAIL POSTMARKED: .see:'i.Attached Envelope I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. JO 1 Dated: May 3, 2001 By: Deputy H. FRONL• 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: '3- �1 By:_W/"- eLv�eputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (l) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). BOARD ORDER: By unanimous vote of the Supervisors present: cl 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: C) JOHN SWEETa4 Clerk, Byub� ,;v 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 Claiman ddressed to,the claimant as shown above. I A ly JOHN SWEETEN CLERK Dated: VJ V � By: � By � i � 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. SILVANO B.MARCHESI DEPUTIES: PHILLIP S.ALTHOFF COUNTY COUNSEL SteL ' JANICE L.AMENTA '.-.::f f -\_ ONORA G.� B REBECCA LOW SHARON L.ANDERSON _ YRNES ASSISIANTCOUNTY COUNSEL ' v �r\�, \ MONRKA COOPEIRY CONTRA COSTA-C,OUN1 Y f�•,�, ; �- F.-y. VICKIE L.DAWES GREGORY C.HARVEY OFFICE>OF THE COUNTY COUNSEL MARKES.ESTIS ASSISTANT COUNTY COUNSEL :I- -- - I' LILLIAN T.FUJII II OIJNTY ADMINI"STRATION BUILDINd. JANET L.HOLMES DENNIS C.GRAVES 65.V'P_INE_S:TREE;T=9th FL'-OOR KEVIN TKERR �.s s f . '' -��F"I ��'y i BERNARD L.KNAPP SENIOR FINANCIAL COUNSEL MARTINEZ'CALIFQFiNIA�9-4 53=1229 EDWARD V.LANE,JR: � vtia' BEATRICE LIU OFFICE MUGGLI MARY ANN MASON OFFICE MANAGER �(j���.�:, PAUL R.MUMZ S� VALERIE J.RANCHE /1/1T 111 PHONE (925) 335-1800 NOTICE OF I 1'SIJFI~ZCIENCY STEVEN P. RETTIG DAVID F.SCHMIDTHMIDT FAX (925) 646-1078 AND/OR DIANAJ.SILVER JACQUELINE Y.WOODS PAMELA J.ZAID NON-ACCEPTANCE OF CLAIM TO: Josef Koslowski P-01556 450-1-77 Low PO Box 9 Avenal, CA 93204 RE: CLAIM OF: Josef Koslowski Please Take Notice as Follows: The claim you presented against the County of Contra Costa or District governed by the Board of Supervisors fails to comply substantially with the reyuirements,of California Government Code Section 910 and 910.2, or is otherwise insufficient for the reasons checked below: ] 1. The claim fails to state the name and post office address of the claimant. ] 2. The claim fails to state the post office address to which the person presenting the claim desires notices to be sent. [XX] 3. The claim fails to state the date, place or other circumstances of the occurrence or transaction which gave rise to the claim asserted. J 4. The Clain fails to state the name(s) of the public employee(s) causing the injury, damage, or loss, if known. [ ] 5. The claim fails to state whether the amount claimed exceeds ten thousand dollars ($10,000). If the claim totals less than ten thousand dollars ($10,000), the claim fails to state the amount claimed as of the date of presentatiim, the estimated amount of any prospective injury, damage or loss so far as known, or the basis of computation of the amount claimed. If the amount claimed exceeds ten thousand dollars ($10,000), the claim fails to state whether jurisdiction over the claim would rest in municipal or superior court. [ ] 6. The claim is not signed by the claitmant or by some person on his or her behalf. [ 17. Other: Paae 1 SILVANO B. MARC14ESI COUNTY COUNSEL By: Deputy County Counsel CERTIFICATE OF SERVICE BY MAIL (C.C.P. §§ 1012, 10131L,2015.5;Evidence Code§§641,664) 1 declare that my business address is the County Counsel's Office of Contra Costa County,651 Pine Street,Martinez,California 94553-1 am a citizen of the United States,over IS years ofage,emploved in Contra Costa County,and not a party to this action. served it true copy of this Notice of Insufficiency and/or Non-acceptance of Claim by placing it in an envelope addressed as shown ahove,sealed and postage fully prepaid thereon,and thereafter was,deposited this clay in the U.S. Mail at Martinez,California. 1 certify under penalty of perjury that the foregoing is true and collect. Dated: May ,2001,at Martinez,California. �, n cc: Clerk of the Board of Supervisors(original) Risk Management (NOTICE oP INSI FUENCY OP CLAIM:GO\'T.CODE§§910,910.2,920.4.910.8) Page 2 Josef Koslowski, CDC #P-01556 April 17, 2001 450-1-77 Low, P.O. Box 9 Avenal, CA 93204 ATTN: VICTOR J. WESTMAN A PR 2 O 2001 CONTRA COSTA OFFICE OF THE COUNTY COUNSEL City Administration Building, P.O. Box 69 COUNTY COUNSEL Martinez, CA 94553 MARTINEZ.CALIF. This is a Tort Claim pursuant to California Government Code ("Gov. Code") seeking redress from acts on the part of individuals herein named that can reasonably be calculated to amount to civil conspiracy. Josef Koslowski, Claimant ("Claimant") , reasonably and in good faith, concludes that he has in fact, been targeted by individuals, both private and working under color of law, as a subject of harrassment from an ill will: that the individuals, and all of them, were driven by motivation to force Claimant by means of coercion and/or undue ipflunce to relocate f:-or� his (former' resider;c:e on Calais Drive, in -Lhe City of San Ramon, County of Contra Costa, so that the operation of a day care center, Growing Room ("Growing Room") , which was ultimately built directly in front of Claimant's house, could operate in full force and effect, and in a manner the individuals herein named so pleased irrespective of nuance(s.). The individuals in question are: from the Contra Costa County Sheriff's Department) Brian Lindblom, Sergeant; and unnamed Doe deputies, and (from the San Ramon Valley School District) Joanne Ellgas, Priciple; Ron Loos, Principle; Jim Larson,,, Director of Growing Room; Jacque Balswick, Director at Growing Room; Mr. Schoonover, parent moderator; Mari Podany,. employee; Sue Robinson, employee; Karen Shelp, school volunteer; and Doe employees. The individual employees for the San Ramon Valley Unified School District ("School District") , who have stated on several occassions that Claimant could move to another location, made these statements before Growing Room was built; and only after Claimant opposed the building of the same directly in front of his house. Claimant submits that after he had shown opposition to the construction of Growing Room; and after his presentation of grievances/concerns/proposals regarding its operation, the individuals herein named deemed Claimant a problem and thus, set out to remove Claimant from that immediate enviroment, although Claimant had in good faith, agreed to, and attended many meetings with the school's personnel in efforts to resolve the differences. After Claimant's started the complaint process, School District and Contra Costa County Sheriff's Department ("Sheriff Department") through their agents and employees (respectively) commenced to acting in concert to harrass, humiliate Claimant, and to besmirch his good name in the process. Claimant submits that there are reasonable inferences based on facts, both past and present, that give rise to a presumption that Claimant was in fact targeted and that a conspiracy was in effect. RECEIVED MAY 0 2 -2001 CLERK BOARD OF SUPERVISORS CONTRA COSTA CO. Page 1 of 3 For instance, the publication of an article(s) where it is stated the Claimant argued "that the Growing Room day-care center at Neil Armstrong was an eyesore and that it would lower property values. [In turn] , [district employees] accused [Koslowski.] of shooting out the windows at the center with a sling shot or pellet gun; smearing glue or epoxy on school grounds; speeding through the school parking lot and watching students and teachers through binoculars from his driveway,. [according to police reports] on file at Contra Costa County Superior Court in Martinez. (See attachment. ) In November, 2000, a soundbite contained within an article recently provided to Claimant by his son--a statement that "Everything's [turned out] fine" by Principle Joanne Ellgas taken in consideration with the statements mentioned in the preceding paragraph, and against the backdrop of all of the reports filed in this case based on false facts, points to the presumption that Claimant was targeted for reprisal based on his grievances and that the individuals herein named conspired against Claimant. In addition, there has been false claims by Karen Shelp exclusively asserting that Claimant had stalked her and her children while she was driving her van, on her way to drop her children off at school: Claimant was alleged to have followed Shelp in his Thunderbird. Also, Shelp alleged that Claimant tried to run over her daughter-- a fact that became a press topic. (See attached. ) These factors eventually became part of an action filed in the Superiot Court of Contra Costa as case Karen Shelp v. Josef Koslowski, No. C95-04360. As it turned out, not only did Shelp commence a separate action based on false information (and supported by School District), but School District filed an independent action against Claimant, with the support of Shelp--who proffered false statements by her son, Lindsey Shelp, in order to bolster School District's position and to draw prejudice to Claimant by Superior Court Judge, John Van De Poel in the case of San Ramon Vallev Unified School District v. Josef Koslowski, No. C95-04719. At the present, Sheriff's Department refuses to provide discovery of reports made by the individuals herein mentioned although good faith efforts have been made to obtain the same. The reports made by these individuals which consist essentially of unrestricted information, were not provided on the basis of Gov. Code § 6254(f)--a provision which is clearly inapplicable as applies to Claimant. Under section 6254, subdivision (f), the police agency is directed to make public certain categories of specified information unless disclosure of a particular item of information would endanger the intergrity of an [investigation] , or the safety of a person involved in the [investigation] or of a related [investigation] , none of .. which being at issue in this Claim. (See Williams v. Superior Court (1993) 5 Cal. App. 4th 337, 355. ) Page 2 of 3 Even at the point of specifying particular reports--those of which Claimant himself qualifies as a victim, and a monetary assessment being levied by the Sheriff's Department; and even after efforts were made to pay for these same reports, the Sheriff's Department has not only failed to provide the specified reports, but has now ceased all manner of correspondence with Claimant: Whereby Claimant now asserts that Sheriff's Department is stonewalling Claimant's efforts to obtain pertinent records needed to show Claimant's innocence in regarding the criminal complaints on file and in relation to the School District. On account of the actions by the individuals herein named (and Does) individually and inclusively, Claimant has suffered humiliation, mental angusih and emotional distress, detriment to his marriage of 40 years, physical injury--for the events led to his heart attack and forced early retirement, and loss of finances. Claimant now seeks the sum of $50.000.000.00. I declare under penalty of perjury that the foregoing is true and correct. DATED: April 17, 2001 _ Signed.:_ J f oslowski Page 3 of 3 "�,�:• in 9. Aamon yielded l .t e • of ammunition, a `�. `' _ a y 41ra : l� use, a .22 caliber air pistol, SSaintin $ P�This was not Joslef•Kosldwsids. • - emphafirst encounter with the law — add -FROM PAGE 1A Over the p�three yew,San pA- FROM PAGE 1A on sub n .kion of attempted murder. mon police said they-have responded . Century, are expected to propose Our Pon n He was troubled that his wife had to his Calais Drive home 15 times to lows . vetall.prices when they sub- PI are very encour 'ft him, police said. investigate complaints of disturbing mit m datdry revisions o[ their a ash •"For the the peace,reckless driving and van- • rs will get a rate About a month ago, the woman meth for calculating auto insur- )ld her husband of 38 dalism, among other things. ad drivers will et years that she aaae rat in the state:Those�"nstir- g ,anted a divorce because he was an His neighbors described him as ersy �for not meeting a hick is what peo, migry and controlling person,"said volatile, Noddle and threatening. Feb. 18 ode line to file new rates, wanted when they v None wanted to identity therrisehres 103. .evermore police Detective Kevin regulators 'd W�ednesda for tear of retribution. �. The savings for g antin. Under rnment orders, all o "I'm scared of him'said aneigh- the East Bay will Yam She moved out of their San Ra- Califorift s to ghly 250 auto ' bor,who said Koslowski once threat- on a snapshot take ion home and took up residence at ers must tweak eir ricin form - ie Heritage Park Apartments for Se- ened to shoot a neighbor following las to comply wi the requiireme Farm's new pricing e, a dispute over paint fumes. The average rate iors in Springtown. of Proposition 1 . The 9-year- d In 1995,Koslowski complained to jected by State Farm Since then, she told police her. reform initiative m datedgnmat o the San Ramon Valley school district. Bay cities include: :�sband had been following her,call- ins. rs base their tes y over construction of a day-care cen-. Concord, ranging ►g her at home and harassing her ter on the grounds of an elemen'ws��, on a. omer's dri g histo and cent to 8.4 percent;V. work, V ;,Y :: Y C T9t�lAT tb-, Zn • al r $hi Tuesday dight Knalowsld tried ad- 3C".001 ass h==r'ais hrr,IIa.. -^` • to relitince. o ho e•ad_ :ar s �f I0.6 petce:tt ;ain to reconcile with his wife,but He argued that the Growing dresses. Pleasant Hill, 14.9 per Room day-cane center at Neil Arm- 11.2 percent; Danvill, ie,discussions escalated into an ar- strong Elementary School was an 1'�wrangling and txiatic San Ramon,2.5 parrs- lment and the effort appeared fw eyesore and that it would lower p� procrastination have ke a cur- 4.6 percent;Livermor ie. He returned the next morning rent system in effect sin 990. In-values.. Dublin.9.3 percent;C disguise,which he said be bought In turn, district em to ees ac- surance Commi$sione Chuck cent; El Sobrante, 3.: a secondhand store,police said. Bused Koslowski of shooting out the Quackenbush triggered ear s El Cerrito, 11.7 perce He was enraged that his wife windows at the center with a sling overhaul by deciding to o Richmond's neigh ould leave him, Santin said. He shot or llet g 81 103's pricing guidelines ver in- the East Bay's biggest 10 me he put those clothes on so gun;smearing glue or d�,.s fierce objectio could roach her withro�r!„� epoxy on school grounds;speeding with State Farm estirr. aP� through the school.parking lot and In drawing up .ho s:as; the age 1.6 pet-cent in(rea; ening oft. He said he went over watching studenb and teachers surets also had to s the sa ' ZIP code and a 9.3 pe .ere today with a gun to force her, through binoculars from his drive- reaped from another Of in the 94805 ZIP. necessary, to come back to him." way, according to police reports on forms, Prop..213, o twhelnnin In other parts of As she was leaving for ees al :anette Koslowski m"gnized they file Court Contra Coelia County Superior prop.213 egectiv prevents most voters ccreeases of 6.7percen an in the wig who was waiting for . At the tit in me he school district uninsured Moto ' and felons from Isco and 6.2 percer ;^d tried to escape by climbing. hiiQ at,�alled cam- suing for dama s stemming from d/Berkeley area. to her car,she told officers. eras and sought a restraining order an accident. With an average r- Koslowski warned her,then emp- against the retired mechanic. Not all ' motorists will be 2. percent,Sacramen- 4 his revolver as she pulled out of School volunteer Karen Shelp of happy with the ew rules. co ty targeted by St s parking lot and drove away,San- San Ramon o filed a restraining Because P p. 103's criteria em- pri hike. i said. order claiming that Koslowski tol- Phasizes a m torist's past experi- S uthem Califom One bullet struck a tire, another lowed her in his car for 20 minutes ence,policyh dens with blotches on ally '11 receive the altered the front window,and one ,,,d ►*ice to Pin over her daughter. their drivin records could be hit bre under State Fa . arced the driver's side window.A--,. the order shows. with huge to increases. Under expect to sere a: ner two blasted through the back "I can't sleep," site told a police Prop. 103; nyone with more than many s Iter carrier, ndow. The sixth bullet was unac- officer at the.time. "I am always look- one at-fau accident or moving vio- anted for. "(Koslowski) told me he ing over my shoulder. My children lation in t e past three years is con- es aiming for the tires,"Santin said. are afraid of the man across from the sidered a. ad driver. COR ECTIO Jeanette Koslowski drove three school•„ The n rules are designed to xks to a gas station and sought Shortly thereafter, Shelp made a neat su par motorists much more citizen's arjest on Koslowski claim- harshly n under the current sys- A back page pho; "She wasn't crying or agitated or ing he violated the order— he had tem..D 'vers with little experience misidentified a St. N sterical," said Ken Ronning, a allegedly harassed her and pho- behind the wheel and commuters basketball player. Fr rk at Springtown Gasoline. "She tographed her and her daughter who log a lot of mileage also could sophomore guard frog _ Ls in a trance. She looked like she be nicked with rate increases under ceived a hug from a st, Ls.in a daze." Staff writers Elvia Diaz and Willy the new system. team's return from wi: A search of the Koslowski home Morris contributed to this story. The vast majority of motorists will. Coast Conference To, 0 ,, V. v3o S cj u� w a A N °.. y m Ocy c6 -0 �j to—; 3�a� bDa ° a�ono �D o .a 4, o 3 ° . u°, U N o y Ung Y ai UI En 0 ..r in o. 4) u o °� N x N om+ o*q v a . °: a H Cd bD � bb RS N t7 N Q t3 O o r ^ its r�S ani- Cd i U pN atOtiY ° y,n f' aT v'�:. CJ •.� N.►° �+in N .� N C'+ 7 VASA•• Vf Ems• O dl Ln cdN CYd N co 0 aU a 00 N.0 e 0 O0bbOO U O0) `dC . 'cti ' aAa d .,.j0, In -0 bD 0 � N Y � N O O 4s O41V_yN � �aocd o � o � °5c o> LO y^" Qa:� a ON ° w) Y ; O0 _ 'r ° bD N c • ° 1. cts bn a , ,G n s: U.o i ' �rYYss .C• 'dao ° 4) 41, S+v, oil u voi g." N ) cc$ 0(,=] bD N'—ON V 4) w 0 Y bD ,.• O N 3 •2 23 O bD ° O N 0 O N as �4. O 3 �@ �.'.^..7 ..,yN N• I0 „O 4) '.3 w(�„O O C? y 9 Cd 00 N N C , bD Cl cd 0 C4 10 bD ., (n Ln1B ? 4i O ..2-0 C U x �! ami J+ , ba'u� ,. .fid.• N M •^ N ^ N Y4 a.Q ed 5►+ 0-0 N c0 N R{ 4) ° a t3 q' . ed C ^ cd,C bD d N Qop. y In ° 3 � C7aoi `° NynNiacso3 tO.cd b � "°y �'d d v-0 t A x N om .; C� bo czY3bci dO. cdY °�� O, Z.:: � � °' l r w .0 cc$ W — � d)t— 0 % En bD-o td w .•_7- N d N• O• d O M �., '41 cd t: W NCO d ] w NrY+ z w h^- O 5 d ccs cd V x •a NQ�Q'N d A. dN•^�b0 i., c^� " 0 0•� . 0 Q; aO ui '� 4'Yy�a +w, Cbp^ _ w � C� "O V A bDo'd.� x > s✓ N O tyC M � ao'C= 0cd 3 ri c> �. d cd O , 0"j QQ p cd ( �f j O y N O 3 V y O N 4-- 0 r. 77!!!I! ii QJ wGcd �jN V GASB' sV. ltdcyn ° y d d ❑ .y Q N .O co j:.+ N"' O Y•� d 4d. N crC(S coaTS O'�"V No SbD G c(s o 3 a� t� c� O 0 c/1 W Q N V.w Cs� N cd V cd d ^SL bD 4s .� 0^ d G ? A dd _..- ..._ It e Cd 0 Josef Koslowski, CDC ffP-01556 April 17, 2001 450-1-77 Low, P.O. . Box 9 Avenal, CA 93204 ATTN: VICTOR J. WESTMAN CONTRA COSTA OFFICE OF THE COUNTY COUNSEL City Administration Building_ , P.O. Box 69 Martinez, CA 94553 This is a Tort Claim pursuant to California Government Code ("Gov. Code") seeking redress from acts on the part of individuals herein named that can reasonably be calculated to amount to civil conspiracy. Josef Koslowski, Claimant ("Claimant") , reasonably and in good faith, concludes that he has in fact, been targeted by individuals, both private and working under color of law, as a subject of harrassment from an ill will: that the individuals, and all of them, were driven by motivation to force Claimant by means of coercion and/or undue influnce to relocate from his (f•,rmE?i) residence on Calcis Drive, in the City of San ia,'non, County of Contra Costa, so that the operation of a day care center, Growing Room ("Growing Room") , which was ultimately built directly in front of Claimant's house, could operate in full force and effect, and in a manner the individuals herein named so pleased irrespective of nuance(s). The individuals in question are: (from the Contra Costa County Sheriff's Department) Brian Lindblom, Sergeant; and unnamed Doe deputies, and (from the San Ramon Valley School District) Joanne Ellgas, Priciple; Ron Loos, Principle; Jim Larson,,.Director of Growing Room; Jacque Balswick, Director at Growing Room; Mr. Schoonover, parent moderator; Mari Podany,. employee; Sue Robinson, employee; Karen Shelp, school volunteer; and Doe employees. The individual employees for the San Ramon Valley Unified School District ("School District") , who- have stated on several occassions that Claimant could move to another location, made these statements before Growing Room was built; and only after Claimant opposed the building of the same directly in front of his house. Claimant submits that after he had shown opposition to the construction of Growing Room; and after his presentation of grievances/concerns/proposals regarding its operation, the individuals herein named deemed Claimant a problem and thus, set out to remove Claimant from that immediate enviroment, although Claimant had in good faith, agreed to, and attended many meetings with the school's personnel in efforts co resolve the differences. After Claimant's started the complaint process, School District and Contra Costa County Sheriff's Department ("Sheriff Department") through their agents and employees (respectively) commenced to acting in concert to harrass, humiliate Claimant, and to besmirch his good name in the process. Claimant submits that there are reasonable inferences based on facts, both past and present, that give rise to a presumption that Claimant was in fact targeted and that a conspiracy was in effect. Page 1 of 3 For instance, the publication of an article(s) where it is stated the Claimant argued "that the Growing Room day-care center at Neil Armstrong was an eyesore and that it would lower property values. [.In turn] , [district employees] accused [Koslowski] of shooting out the windows at the center with a sling shot or pellet gun; smearing glue or epoxy on school grounds; speeding through the school parking lot and watching students and teachers through binoculars from his driveway, [according to police reports] on file at Contra Costa County Superior Court in Martinez. (See attachment. ) In November, 2000, a soundbite contained within an article recentlyprovided to Claimant by his son--a statement that "Everything's [turned out] fine" by Principle Joanne Ellgas taken in consideration with the statements mentioned in the preceding paragraph, and against the backdrop of all of the reports filed in this case based on false facts, points to the presumption that Claimant was targeted for reprisal based on his grievances and that the individuals herein named conspired against Claimant. In addition, there has been false claims by Karen Shelp exclusively asserting that Claimant had stalked her and her children while she was driving her van, on her way to drop her children off at school: Claimant was alleged to have followed Shelp in his Thunderbird. Also, Shelp alleged that Claimant tried to run over her daughter-- a fact that became a press topic. (See attached. ) These factors eventually became part of an action filed in the Superiot Court of Contra Costa as case Karen Shelp v. Josef Koslowski, No. C95-04360. As it turned out, not only. did Shelp commence a separate action based on false information (and supported by School District), but School District filed an independent action against Claimant, with the support of Shelp--who proffered false statements by her son, Lindsey Shelp, in order to bolster School District's position and to draw prejudice to Claimant by Superior Court Judge, John. Van De Poel in the case of San Ramon Valles Unified School District v. Josef Koslowski, No. C95-04719. At the present, Sheriff's Department refuses to provide discovery of reports made by the individuals herein mentioned although good faith efforts have been made to obtain the same. The reports made by these individuals which consist essentially of unrestricted information, were not provided on the basis of Gov. Code §. 6254(f_)--a provision which is clearly inapplicable as applies to Claimant. Under section 6254, subdivision (f), the police agency is directed to make public certain categories of specified inrormation unless disclosure of a particular item of information would endanger the intergrity of an [investigation] , or the safety of a person involved in the [investigation] or of a related [investigation] , none of which being at issue in this Claim. (See Williams v. Superior Court (1993) 5 Cal. App. 4th 337, 355. ) Page 2 of 3 Even at the point of specifying particular reports--those of which Claimant himself qualifies as a victim, and a monetary assessment being levied by .the Sheriff's Department; and even after efforts were made to pay for these same reports, the Sheriff's Department has not only failed to provide the specified reports, but has now ceased all manner of correspondence with Claimant: Whereby Claimant now asserts that Sheriff's Department is stonewalling Claimant's efforts to obtain pertinent records needed to show Claimant's innocence in regarding the criminal complaints on file and in relation to the School District. On account of the actions by the individuals herein named (and Does.) individually and inclusively, Claimant has suffered humiliation, mental angusih and emotional distress, detriment to his marriage of 40 years, physical injury--for the events led to his heart attack and forced early retirement, and loss of finances. Claimant now seeks the sum of $50.000.000.00. I declare under penalty of perjury that the foregoing is true and correct. DATED: April 17, 2001 Signed e slowski Page 3 of 3 • Office of the County Counsel Contra Costa County 651 Pine Street, 9th Floor Phone: 335-1800 Martinez, CA 94553 Fax: 646-1078 CONFIDENTIAL Date: May 1, 2001 To: Anne Cervelli, Clerk of the Board From: Silvano B. Marchesi, County Counsel f By: Gregory C. Harvey, Assistant County C(ou``n v Subj: Claim of Josef Kosloski Please treat the attached claim, erroneously delivered to our office, as a government tort claim and handle in the usual manner. HAMEMO-STMMEMO-FRM WPD CONFIDENTIAL ATTORNEY CLIENT COMMUNICATION 1 f O �,..- i /� l� v G � � L V r 1�. t y 11�i o� o CLABI BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACT1011t June 5, 2001 Claim Against the County, or District Governed by f 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 RITEce'Eh-IIwZEM Board of Supervisors. (Paragraph IV below), given pursuant to Government Code Section 913 and APR 2 7 2001 915.4. Please note all "Warnings". AMOUNT: $1000—$1740.06 COUNTY COUNSEL MARTINEZ CAUR CLAIMANT: Vincent R. Burgos JR ATTORNEY: None. DATE RECEIVED: April 27, 2001 ADDRESS: 352 South Eagle Nest Ln BY DELIVERY TO CLERK ON: April 27, 2001 Danville, CA 94506 BY MAIL POSTMARKED: April 26, 2001 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. JO WEE E d Cler Dated: April 27, 2001 By: Deputy 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: �'a 7'D By: 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 minutes for this date. Dated: (D CJ" C r JOHN SWEETEN 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 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 thi.s Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: - �%" CBy: JOHN SWEETEN, CLERK By 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 INSTRUCTIONS TO CLAIMANT . A. Claims relating to causes of action for death or for injury to person or to personal propem• or growing crops and which accrue on or before December 31, 19871, must be presented not later than the 100`h day after the accrual of the cause of action. Claims relating to causes of action for death or for injury to person or to personal propem or growing crops and which accrue on or after January 1. 1988, must be presented not later than sia 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 Buildin„651 Pine Street. Martinm 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. ': at the end of this form. RE: Claim by ). Reserved for Clerk's Filing Stamp ) RECEIVED against the Counts'of Contra Costa APR QF - T CLERK BOARD , District ) CONRA (Fill in Name) The undersigned claimant hereby makes claim acrainst the County of Contra Costa or the above named District in the sum of S t co and in support of this claim represents as follows: -7 ,D(o 1. When did the damage or injure occur? Give exact Date and Hour J�,IJIJ12 �__ I_= - -r ��a M ------ - 2. Where did the damage or injury occur? (Include City Count'i . , b� r evLi q Goi sT G TA , L?z�'uc-�N r -------------- -�7.--�_ u►�t�_�M J r.1usT �r1-�_l�►�lrr 3. How dict the d, a;e or injury occur? Give full details: use extra paper if required j -TWV9�"LpIGMff)A f50>sAJL7: H1-r Les- ''RttT'S oN )-F-T=T -61M Cyr-' L.;a.Nf� le,NT Gou t_,D t-qcST Avoi p W fT F1 ------------------------------------------------------------------------- 4. What particular act or omission on the part of county or district officers, sen•ants, or employees caused the injury or damage? , ug�.IG wo#& 171.E F46rr !2 : t- w li--I l o •L— Orr- MYIl (Over) aat; par' juaLnuosrJduli goes gjoq {q io `( 000`OIS ) urilop pursnogl uai Luipaaoxa lou jo aug r .iq `uosud ams aq1 ui 1aamuosuduii..%-q 10..au3 par 1uaaluosudalr gons gj0y .�q Jo •( OOO*IS ) urllop.pursnop auo nuipaaaxa lou )o ang r .�q `1raA aub urge a.Iotu jou,}o pouad r Jo; I!rf .Ziunoa aqj ui juaujuosudmt .iq JagIp algrgsiund si tunum Jo `.iaganon'-luno':')ae jpq-tutu ... jualnpmmj Jo asjr} .%ur `aurnuat )i aujrs aqj .:rd Jo .i&olfu of pazuoglnr `JaoWo Jo pJroq 13uisi1),ao,.-%uo :uunoo .:ur: 0110-4.1aag3o .10 pJroq ;nrls .tur o1 luaru,:rd Jo;Jo jour.-Aollr.iol sluasald 'pnri;ap of jaalm pim•oq.a uosud .uaA3,• --r.,.. :Sap��o-id apoj jruad agl}ouorjoas ........... ...: - _ % • i.,..,.�. +tet '�.. .. � �:4 X � M � � � Y aC � i� X :f � � M .%f �F.X'i r.�F � R F R � � � � iC ac' ac"�c �-.-i� X d� F..X'�F �C, X' 3� i� 7� F F 4 ':.... F I,�C.:R'•,'. -ori auogdalal •off; auogdalal 7-770 ( ssa.rppF" ) .C. 77 ( aJraru„!C s•jurujrr. �aruou� ,Io ssa1PPF pdr;aale4, :-1.Irgaq siq uo uosJad autos .iq Io (.�auJouF) :OI;S3JIL0.N: Q_N�35.; lueuitclo.agj.,q'-pauLis aq jsnuj'mrrlo aql;.:. ...• ` :saP!A0, (I Z-016 -aac '� � X Y .� :Y it•:X•'.� X :F �?R'%F +c �o Y 'X 011 :Awl�C 60 � is �: f jF � �`+ryF1 4��C^�:F F f X,q,Jjc r`:f :f �'X:�!EE '.X... "M..•::•: �9Ol007 .v1`i.;� � Jo' il'� �'�'�'` �JItM • C[l -Zoo 1 :nty1 djl :.sinful Jo juaptoor s?q1 jo jun000r uo•aprul non sa:rnl►puadxa;)q1 jsr'I 6 --------.-.-:--- ------.-.----------------- ----------------------- -----';---------------- __. ._.,... . slrj►asog par S.1%, o,sassa.i r: sir. sailrr' 1 PP P !� 8` aoeutrp to.i infin anuaadse x'U ue'}o'iunomc paiemgsa aql apnlaul-1`. ;,pajnl�lilo6 lan0[IIr PaaIn iJ a.\(Igr agl'si'.�;:u0g . .. .(aoewep-olne so}sa�eun;sa.o w�euE� paiuccia saoewcp'lo;saunfin 30 �uau.a nn}'anl�) LpajlnsaJ ulrrlo,nok-op saunfur Jo.so'P.mrp lrq,b 9 ---- --; '--r-' .. -'--r.---. --.---'_`.--J----'--------' ----------------' ---------------- ;,:unfU.Jo aomarp aqa)ul§nLo saaeoldma Jo`slur,+-ms`sJaorjjo pump Jo,tiunmjo samru aga'am 1ugtA.• : y' Per,:3onalized Auto Care Page Z Order Date 02/09,/01 03 : 17 pm BAR. # : AJ 12752'' Completed: 02/09/01 04 : 41 pm 1394 4th Street Invoice No. San Jose, CA 95112 110209002 Phone: 408-4.53-1010 SPECIALIZING .1*N WRCEDES & PORSCRiE 1Bj7RGQS.: V T]KCE;,:. NrcederBenz :5OO;SE =''.C�flLi3. ; Quotes X352 SOL! H;EAGLES NEST. 223638 Mi0/31/2000` � 1 02 09, 01 05:03pa 57.91. 16 Lig.:.`.3I3A?:97.570,:.BCyl °:S.:.ISI, ...::: V=E E. in person. Vin AANy 1LLE �jkq"puie A . AC�.,..s,... W,c• 4 0.6.-4 4-2:820 _ --- � x __.. sof i:1e: INSPECT UNDERCARRIAGE A�4V SUSPENSION FOR DAMAGE AND MAKE ESTIMATE OF REPAIR. ==REPAIR- A,S. PER INSURANCE ESTIMATE. REP7,ACE ENGINE LOWER OIL PSN AND GASKET. P.F,PLTsCE MOTOR MOUNTS, L7.FT. TUSHING,FRONT SHOCKS,REAR MUFFLER, SRS C.01-TROL UNIT, WATER PUMP AND THERMOSTAT,RE-SEAT, STEERING BOX, ==ILPLACEMEV. T Cr WrJEELS :FEE aEPERATE WORK ORDER. ==CUSTOMER WILL RANDLE VTON'_ BUMPER AND .FOG LIGHT LENSE. --F�PLACE IDLE SPEED CO2Z!'ROL UNIT AND IDLE SOLENOID, :;USTOMER WILL :PAY, NOT INS. ===CUSTOMER PAD Y`•OCO.00 DED:;CTIHLE. 119-014-08-22 OZL PAN .G'•ASI-MT 1.0 @ 18. 60 =$ 18.60 117-010-01-28 OIL PA.Ir.. 1 .0 @ 40.50 =$ 40.50 20W/50 ENGINE 0:.L 9.0 @ 2.45 =$ 22. 05 126-320-07-30 SHOCK ABSORBERS/126FT 2.. 0 @ 57. 00 =$ 114.00 104 200 28 01 WATER PUPS' 1. 0 @ 228.00 =$ 228.00 1 16--200-03-15 THERMOSTAT. 1.0 @ 34,50 =$ 34..50 124-490--05-15 MUFFI:ER/REAR/1.24 1.0 @ 364.30 =$ 364.00 X-COOL COOLAIIT i .0 @ 6.95 =$ 8.95 123-241-30-13 MOTOR MC!'-NT-S' 2.0 @ 23.95 =$ 47. 90 000-82C-68-26 SRS CONTROL `•.?NIT. 1.0 @ 1150.00 =$ 1150,00 126-460--00-61 STEERING BOX •'3E/SE/KIT 1.0 @ 38.50 =$ 38.50 000-141-12-25 IDLE CONI- VILYL 1.0 @ 348.00 =$ 348.00 002-545-33-32-88 IDLE SPEED CONTROL UNIT. 1.0 @ 310.00 =$ 310.00 2725 .00 ------->---->_- >.---Continued on the next page--->---->-----•,------ I hereby authorize the move re.nair• work to tie done with the nezessa7• mtter.:e:'_ and hereby grant you and/or i•our vrp].oyeas parmissirn to uperato the car, truok or vehicle herain described or: stroet. highways or elsewhere for the purpose of testing and/or inspection. An exr-yeas mechanics lien is }:eroby acknowledged on above car, trv.ek or vehicle to secure the amount of repairs thereto. You will not be held responsible for loge or damage :o vehicle or articles left in vehicle in case of fern, a_ident or any other cause. beyond your control.By taw you may choose another li.:ensed smog facility to perform any needed repai,es or ad^uatmentn which the SkfG CRECK test indicates a:ra :en003ary. Persona2lzed Auto Care Page 2 Order Date 02/09/01 03 : 17 pm BAR V AJ 127527 Completed: 02/09/01 04 : 41 pm 1394 4th Street Invoice No. San Jose, CA 95112 110209002 Phone: 408-453-1010 SPECIALIZING IN MERCEDES & PORSCHE vsr►entt to. Persona' eo Care Coit: Sumiriar1r.; Status: Completed Work Order Labor 2 ,246 . 16 Parts 2 , 725. 00 Payments : Haz Waste 2 . 00 Subtotal 4 , 973 . 16 Tax 218 . 00 Total $5 , 191 . 16 Payments 0 . 00 Bal Due 5 , 191 . 16 Thank you for choosing Personalized Auto Care Personalized Auto Care Page 1 Order Date 02/09/01 04 : 42 pm BAR # : AJ 127527 Invoice No. Completed: 02/09/01 04 : 58 pm 1394 4th Street San Jose, CA 95112 11.0209003 Phone: 408-453-1010 SPECIALIZING IN MERCEDES & PORSCHE -- —- 85: Mere©deseenz :50OSC: :GOLD :: BURGOS.;; VII�TCE;' Quotes !:35.2.::SOUTH.:E.AGIE.3:..'NEST:: :. 223638::Mi::Las:t:'i:n:.:.10%31;200p:: 7 02/09/01 QS:OOpm 1.,.4 RICHARD McSTAY. in person. �`p.PIVILLE: .CA •:;9:450.5::;: :: .::::'. H*n:. 925-736 2852. !EC1uipm4ht AT Aw`PS FI Wk:. 408-4:82-2820.: :Profile:',...; - .; .. ,. .. •,, ...� 228'.:. obO1WHEEI►S . . ........ .. .. ..... . .... ... .: .........:.. L o REPLACE, MOUNT A--ND BALANCE SPECIAL ORDERED AMG 18" ALLOY WHEELS. INCLUDE SHIPPING OF $144.06. ==INCLUDES NEW VALVE STEMS, RECYCLE STATE FEE . AMG AMG 19X8 ALLAY WHEELS. 4.0 @ 350.00 =$ 1400. 00 1400 . 00 �Pavments nd. to PersoaZizeALto Care : ;. : . Cost:,`:Summary Status : Completed Work Order Labor 228 . 06 Parts 1 , 400 . 00 , Payments : Subtotal 1 , 628 . 06 Tax 112 . 00 Total $1 , 740 . 06 Payments 0 . 00 Hal Due 1 , 740 . 06 Thank you for choosing Personalized Auto Care I hereby authori=e the above repair work to to done w+ th the necessary materia'_ and hereby grant you and/or your employees permission to operate the car, truck or vehicle herein described on street, highways or elsewhere for the purpose of testing and/or inspection. An express mechanics lion is hereby acknowledged on above car, truck or vehicle to secure the amount of repairs thereto. You will not be held responsible for loss or damage to veh:.cle or articles left in vehicle in case of tire. accident or any other cause beyond your ccntrol,sy law you may choose another licensed smog facility :o perform ary needed repairs or adjustments which the 9}!C,! CC. CnCK test indicates are necessary. (Signature) 0 <� a- :v o z 044 E � w V) mA O c? d m I.- V � oc� � N,� CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOABD AC-no N: June 5, 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 R p;mL771% pursuant to Government Code Section 913 and 915.4. Please note all "Warnings". AMOUNT: $3,500 MAY ± 2001 CLAIMANT: Bianca Olaya MARTINEZ CALIF• ATTORNEY: None DATE RECEIVED: April 30, 2001 ADDRESS: 402 E. Okeefe St 417 BY DELIVERY TO CLERK ON: April 30, 2001 E. Palo Alto, CA 94303 BY MAIL POSTMARKED: April 27, 2001 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. JO W'EETEN, Clerk Dated: Dated: April 30, 2001 By: Deputy. H. 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: - 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). TV. BOARD ORDER: By unanimous vote of the Supervisors present: OQ 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: 0( JOHN SWEETEN Clerk, By 1 ;Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only 'six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For Additional Warning See Reverse Side of This Notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant addressed to the cl imant as shown above. r Dated: "rj ' �1 By: JOHIV SWEETEN, CLERK By 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 Iimitations applicable to actions not subject to the California Tort Claims Act. Claim to: BOARD OF SUPERVISORS OF CONTRA,COSTA COUNTY INSTRUCTIONS TO CLAE1 IANT A. Claims relating to causes of action for-death or for injury to person or to personal propem• or growing crops and which accrue on or before December 31, 1987, must be presented not later than the 1001h day after the accrual of the cause of action. Claims relating to causes of action for death or for injury to person or to personal property ore 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 94-4-53. 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. at the etid of this fore. RE: Claim by ). Reserved for Clerk's Filing Stamp _ A(Tainst the.:.County of.Contra Costa or.. _ ... District-) :.. . (Fill in Name) The undersigned claimant herebN�6pakes claim against the County of Contra Costa or the above named District in the sum ofS and in support of this claim represents as follows: 1. When did the damage or injury occur? Give exact Date and Hour '_. Where did the damage or injure occur? (include City and Counry) qA--CCDnA- - QC6-k0- --(::I`-r` ------ 3.' How did the damage or injure. occur? (,Give hull details: use extra paper if required �©\SCC. Cay Ca.� a; ®g�r,�S o .(aGc ------------------------------------------------------------ ------------------------ 4. .:What particular.act or.omission on the part of county or district officers, servants, or employees caused the injury or damage? (Over) aug put, r.uamuosr.rdrui Bans gloq .Cq -zo `( 000`ois ) urllop pursnogl gal louipaaoza lou Jo ;;ug r .+q `uosud ams aql ui luamuosudun Aq ro `aug pur luauiuosudu i gans gloq .:q ao •( 000•is ) saullop p.ursnogl auo 'uipaa:)za lou Jo ;)au E .�q ira: auo argl a.loui IOU Jo pouad u loj lirf .�lunoa aql ui luamuosudmi .�q saglla algrgsiund sr `nurlu.b 10 `iaganon `lunooau 'll!q 'trap lualnpnu.ij so aslrj .iur `aulnwLf Ji amrs ayl .ird 10 molle of pazuoginr °samWo io psroq loulsip .10 .ilia `.uunoa .:uE of so Tagg;o to psroq girls .'Lur of mataird lo;to aourmollu sol sluasald `pnr ipp o11ua1ar q1in&'og.M uoslad .u2n3,. : ::_ :.•:saPi�old.apo�.lr.�aad:agl Jo ;:: 6oilaas JDI10 •oti auogdalaZ -- ori auogdalal 1710 ( ssalppF- l arAQ alntrutic s,lurLairlJ 1 O .�JtuouF Jo ssalppt pur. aum „•Jlrgaq sig uo uos and mos -�q so (.iau-'ouV) :O.L s3JI.L0 Q43S iur.mrrp aqi.%q pau;;is aq isnm mrrp aq.L„ :sapi.ioad ;,•oil, •aac apo' •.w0 1�:llil t o�au 3LtQ :.unfur to luapraar sigl Jo lunooar uo aprm no i salRripuadxa aql Isi'l 6 -------------------- --- --(-�----------- ------------------------------------------------- �S h � alb .'�C b cad �� � ` r�\off '�0�1- �v�C slrii soy pur ssouop 'sassauli.++Jo sassa-1ppr pur. samrk •g ------ --- ----------- --- ---- ------- ---------------------------------------------------- 00 aoswrp-so.ijnfin anuoadso-id.pur jo iunowc aaiewosa atp apnlaul? -palndaloa iunourr pamrrla anogr, aql sr.b .Aog ----------------------- ----------------------------------------------------- --------- - l"wk p kwL a� .zoj smaurusa o*u gDvnv 'paurlclo s4umcp to saunful jo lualxa MV aBelt)) Zpallnsa.r mrulo noe op saunfui 10 saLruirp lrg;b 9 ----------- - ni�u ;,trnfui so aoEu up aql Duisnuo saa,ioldma ro sj m.lsas s i2:)Wo laulsrp So .ijunoo Jo saxuru agl 2-m lEg,b S w�^ L. -j" r d � V X�D n 6b IP- � Y W APPLICATION TO FILE LATE CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION June 5,.;.-.2001 Application to File Late Claim ) NOTICE TO APPLICANT 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 I11, below), California Government Code.) ) given pursuant to Government Code Sections 911.8 and 915.4. Please note the "WARNING" below. Claimant: Letcher B. Barnes RIE(92111vM) Attorney: None MAY 0 , 2001 COUNTY COUNSEL Address: 1348 San Reliez Ct MARTINEZ CALIF. Lafayette, CA 94549-2514 Amount: Unknown By delivery to Clerk on: April 30, 2001 Date Received: April 30, 2001 By mail, postmarked on: April 27, 2001 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above noted Application to File Late Claim. DATED: Aril 30 2001 JOHN'SWEETEN, Clerk, By?_/� LDEPUTY 141 11. FROM: County Counsel Td- Cfer-k-of the Boa d of Supervisors ( ) Tile 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: 5 f-N SILVANO B. MARCI.IESI, County Counsel, By: '%/,7DEPUTY III. 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 a true and correct copy of the Board's Order entered in its minutes for this date. DATE: r ( JOHN SWEETEN,Clerk, By: , /:' DEPUTY WARNING (Gov. Code §91.1.8) 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 previsions of Government Code Section 945.4 (claims presentation requirement). See Government Code Section 946.6, Such petition must he tiled 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 advise of any attorney of your choice is 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: o JOHN SWEETEN, Clerk, By: I' �/ DEPUTY V. FROM: (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 FILL LATE CLAIM t, 280-ARD I 1348 San Reliez Court Lafayette, CA 94549-2514 April 27, 2001 The Board of Supervisors County Administration Building 651 Pine Street, Room 106 Martinez, CA 94553-1293 Ladies& Gentlemen: With reference to my Late-Filed Claim of April 22, 2001 this is to acknowledge your response dated April 25, 2001. Per your advice 1 herewith beg leave to present a late claim as may be permitted under Government Code section 911.6. (b). (1). The Building Inspection Department was twice requested in writing to make the appropriate refund of subpoena fees within six months of those fees having been paid them. For a law abiding, tax paying citizen of Contra Costa County to have anticipated a less than honorable response (in this case no response at all) from a department of county government would, to my mind, have indicated a total lack of trust and a disrespect for that government. I was and am completely surprised Yours truly, Letcher B. Barnes Encl. f ,! � !.' Iii C•.� { .1?�: _ Clam to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY c 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 Jerk's filing stamp I- f4 e R (3 . (3 A R AJ C S RECEIVED APR 2 4 2001 Against the County of Contra Costa or ) CLERK BOARD OF SUPERVISORS CONTRA COSTA CO. District) (Fill in name) ) The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named district in the sum of$ 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) 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? 5. What are the names of county or district officers, servants, or employees causing the damage or injury? ,/4-a- 1416-1 6. What damage or injuries do you claim resulted?(Give full extent of injuries or damages claimed. Attach two estimates for auto damage.) 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) 8. Names and addresses of witnesses, doctors, and hospitals. 9. List the expenditures you made on account of this accident or injury. DATE TD E AMOUNT Gov. Code Sec. 910.2 provides "The claim must be signed by the claimant or by some person on his behalf." SEND NOTICES TO: (Attorney Name and Address of Attorney ) (Claimant's Signature) (Address) Telephone No. )Telephone No. zr) J-i? 76 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 fiaudWent 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(S 10,000),or by both such imprisonment and fine. ti 1348 San Reliez Court Lafayette, CA 94549-2514 April 22, 2001 Clerk, Board of Supervisors Contra Costa County 651 Pine Street, Room 106 Martinez, CA.94553-1293 Dear Madam Clerk: Reference my telephone conversation with you and Ms. Barbara Grant last week and the claim form which you forwarded to me, I submit a summary of the facts surrounding my claim. In connection with a Small Claims Court case I obtained a subpoena for Karen Bergstrom a building inspector for Contra Costa County to appear in court on June 27, 2000. When I visited the Building Inspection Department 1 was told I could not serve the subpoena directly but must go through the department's Administrative Services Assistant, Laura Glass. Ms. Glass asked if I had brought $150.00 which she said"the code" required to subpoena their employee. She did not mention that some of that amount might be refundable. I paid the $150.00. The defendant in this case, having become the judgment debtor, appealed the decision, asked for a continuance, and a trial de novo was finally set for September 18, 2000. For the trial de novo I obtained a subpoena for Gano Thomas, a senior building inspector for Contra Costa County. Prior to visiting the Building Inspection Department to serve the subpoena on Mr. Thomas, counsel had told me the $150.00 would be partially refundable depending on how long the witness was kept in court. The subpoena for Mr. Thomas was served via Ms. Glass who required another $150.00 fee from me which I paid. When I mentioned the refund to her Ms. Glass suggested that while I waited there in the office to meet Mr. Thomas I write a letter to her requesting the refund. She even brought me paper on which to write the letter which I delivered to her on the spot but 1 did not ask for a copy of my letter. After the appeal was heard I wrote Ms. Glass on September 25, 2000 (copy enclosed) asking for the appropriate refund of the two $150.00 fees I had paid, since I had not received a refund from the first $150.00 fee. Being aware of the reputation of slowness for bureaucracy to respond, I waited until January 11, 2001 at which time I sent Ms. Glass a letter by Certified Mail (copy enclosed). To date I have had no response from Ms. Glass or anyone else in the Building Inspection Department of Contra Costa County concerning my requested refund. Counsel has advised that I can resort to Small Claims Court,but suggested a better approach is to lodge a formal claim with the Clerk of the Board of Supervisors of Contra Costa County. This letter constitutes such formal claim. Thank you for your assistance in this matter. Yours truly, Letcher B. Barnes Encl. P.S. I have taken the liberty of enclosing a photocopy of Section 68096.1. of the Government Code and have highlighted the portion which seems to apply to my claim. 1348 San Reliez Court Lafayette, CA 94549 September 25, 2000 Laura Glass, Administrative Services Assistant Building Inspection Department Contra Costa County 651 Pine Street Martinez, CA 94553-1295 Dear Ms Glass: With regard to the subpoena for Karen Bergstrom to appear in Small Claims Court on June 27, 2000&the code required $150.00 retainer fee and also with regard to the subpoena for Gano Thomas to appear at the appeal on September 18, 2000& the code required $150.00 retainer fee, I hereby request a proportionate refund of those fees as also required by code, together with an explanation of how the amount of the refund was calculated. Yours truly, Letcher B. Barnes 1348 San Reliez Court Lafayette, CA 94549-2514 January 11, 2001 Laura Glass, Administrative Services Assistant Building Inspection Department Contra Costa County 651 Pine Street Martinez, CA 94553-1295 By Certified Mail Dear Ms. Glass: Enclosed herewith is a copy of my request to you for refund dated September 25, 2000. 1 am very surprised to have had no.response to date to my request. Please advise. �' G Yours truly, N N 4 W o Y. o c� C ° N > on :7 Cl) 6 -53 3 m (D CO c tp9 m w '* 0 a a m�� c° � o CO GI._.Cr twit it O m - N CD tD. Letcher B. Barnes 1 !R Uh N 0 d w d c o to `< a =;;a m aai (DEncl 11C3 w y o 0- CD -0mma� = m `° w 2 CD 3 xy yCL z P o.N c� m000 ' m o ID rn 3oo y cmao aN�- �. m m 0 C P ' 70 •-' CD c 0 .._ a w p (� D rn 70 - '� tlARTINEZ GA 94553 o �° ❑ ❑ `�° ` a �' > >o z m m m tri •o m m �+ c ro a m N < < m rp N ( CD a a m n Postage g $0.55 r,7 m a I rq Certified Fee _ m aark NzCDrUReturn Receipt Fee - k ❑ ❑ ❑ wamfl l (Endorsement Regwred) ����77`"' _ n X m m m x cL Restricted Delivery Fee , T O i v) _ (� (Endorsement Required) �t� �2uut ;' M w 3 C3 Total Postage&Fees � 3 .....'. d. � _ co 0 CD `n Reci'Laura Glass Administrative Se es Assistant s o y o C3 ' ....------ ❑ 0000 m a sjjee Building Inspection Department ° `D < m m Z a ro Contra Costa County 3 y d y a m o 651 Pine Street ychCD Martinez,CA 94553-1295 m m WAIS Document Retrieval Page 13 of 24 68096.1. (a) Any employee of a local agency who is obliged by a subpoena to attend a civil action or proceeding as a witness in litigation in a matter regarding an event or transaction which he or she .perceived or investigated in the course of his or her duties, to which that local agency is not a party, shall receive the salary or other compensation to which he or she is normally entitled from that local agency during the time that he or she prepares for his or her response and appearance, during the time that he or she travels to and from the place where the court or other tribunal is located and while he or she is required to remain at that place pursuant to the subpoena. He or she shall also receive from that local agency the actual necessary and reasonable traveling expenses he or she incurred in complying with the subpoena. (b) The party at whose request the subpoena is issued shall reimburse the local agency for the full cost incurred by the local agency in paying the employee his or her salary or other compensation and traveling expenses as provided for in this section, for each day that the employee is required to remain in attendance pursuant to the subpoena. The amount of one hundred fifty dollars ($150) , together with the subpoena, shall be tendered to that local agency for each day that the employee is required to remain in attendance pursuant to th_e subpoena. (c) If the actual expenses should later prove to be less than the ;amount tendered, the excess of the amount tendered shall be refunded.] (d) If the actual expenses should later prove to be more than the amount tendered, the difference shall be paid to the local agency by the party at whose request the subpoena was issued. (e) If a court continues a proceeding on its own motion, no additional witness fee shall be required prior to the issuance of a subpoena or the .making of any order directing the employee to appear on the date to which the proceeding is continued. (f) As used in this section, "local agency" means a city, county, city and county, special district, redevelopment agency, or any other political subdivision of the state. 68097. Witnesses in civil cases may demand the payment of their mileage and fees for one day, in advance, and when so demanded shall not be compelled to attend until the allowances are paid except as hereinafter provided for employees of the Department of Justice who are peace officers or analysts in technical fields, peace officers of the Department of the California Highway Patrol, peace officer members of the State Fire Marshal's office, other state employees, sheriffs, deputy sheriffs, marshals, deputy marshals, district attorney inspectors, probation officers, building inspectors, firefighters, and city police officers. For the purposes of this section and Sections 68097.1 to 68097.10, inclusive, only, the term "peace officer of the California Highway Patrol" shall include. those persons employed as vehicle inspection specialists by the Department of the California Highway Patrol, the term "firefighter" has the definition provided in Section 50925, and a volunteer firefighter shall be deemed to be employed by the public entity for which he or she volunteers as a firefighter. http-Hwww.l eginfo.ca.gov/cgi-bin/wai sgate?W AISdocfD=200485474+9+0+0&WAISac6(... 04/19/2001 CD Cn m 00CD 4 NJP- �. .P, a `f t C3 Er 0 ru - = ru .�...�----- ^, t.Aat' N y. r C4 Ln9CD 041, s tlQ a � tt` S • :n r c r. t,I:Z " y, � � .� � , -I .I VI v O. a ,\ 1/ / / \\� AMENDED :. APPLICATION TO FILE LATE CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION JULY- 17, 2001 Application to File Late Claim ) NOTICE TO APPLICANT 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 Ill, below), California Government Code.) ) given pursuant to Government Code Sections 911.8 and 915.4. Please note the "WARNING" below. Claimant: Letcher Barnes R1E(r,1E1[V1X10 Attorney: None JUN 0 6 2001 Address: 1348 San Rdliez Ct COUNTY COUNSEL Lafayette, CA 94549-2514 MARTINEZ CALIF. Amount: Unknown By delivery to Clerk on: June 6, 2001 Date Received: June 6, 2001 By mail, postmarked on: June 5, 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: June 7, 2001 JOAN SWEETEN, Clerk, By: 1 fn 119TY H. FROM: County Counsel TO: Clerk oft a Board of Supervisors ( ) The Board should grant this Application to File Late Claim (Section 911.6). ( ) The Board should deny this Application to File Late Claim (Section 911.6). DATED: SILVANO B. MARCHESI, County Counsel, BY:. DEPUTY 111. 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). 1 certify that this a true and correct copy of the Board's Order entered in its minutes for this date. DATE: JOHN SWEETEN, Clerk, By: DEPUTY 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 tiled 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: JOHN SWEETEN, Clerk, By: DEPUTY V. FROM: (l) 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 i �J 1348 San Reliez Court RECEIVED Lafayette, CA 94549-2514 JUN 0. May 5, 2001 6 2001 CLERK BOARD OF SU?ERVISORS CONTRA COSTA CO. The Board of Supervisors County Administration Building 651 Pine Street, Room 106 Martinez, CA 94553-1293 Ladies & Gentlemen: Further to my letter of April 27, 2001 begging leave to present a late claim against the Building Inspection Department, I herewith express my thanks to you for having allowed my claim to proceed. Enclosed herewith is a copy of the response your action has elicited from the Building Inspection Department. Personnel in the Building Inspection Department were quick to demand the witness fee, but they did not bother to tell me that any of it might be refundable. It would not surprise me to learn that many other citizens have paid such fees and been cheated of an appropriate refund. It pains me to see such things happen and to know how it undermines trust in government. Knowing the important issues that come before you for decision for the well-being of Contra Costa County, I apologize for taking any of your time for this matter. Yours truly, Letcher B. Barnes Encl. r 264-1 ,O � 5/14/01 M ��� DATE IMPORTANT See Instructions on Reverse Side /� • . ���� Dollars $ 144.71 as Al -VAI-c -- - DESCRIPTION AMOUNT 6/27/00 Karen :Bergstrom Witness on Subpoena #373168 $61 .61 Witness Fees Paid $150.00 .Cost' (3 firs. including travel time @ $29.4635/hr) : 88.39 Refund Due: 61 .61 9/18/00 Gano Thomas Witness on Subpoena #374786 $83. 10 Witness Fees Paid $150.00 Cost (2 hrs. including travel time @ $33.45/hr) : 66.90 Re and Due: 83. 10 The undersigned under the penalty of perjury states: That the above claim and the items as therein set out are true and correct; that no part thereof has been heretofore paid, and that the amount therein is justly due, and that the same is presented within one year after the last item thereof has accrued. Signed VENDOR NO. Received, Accepted , and Expenditure Authorized DEPARTMENT MEAD OR CHIEF DEPUTY SUM. NO INVOICE DATE1 sinIIIIIII'VION FuNID/044. ACCOUNTC M N O. C PAYMENT AIWOU Refund Witness Fees 3415 9975 + 144 ;71 OPTION ACT VI T 0PEC. FLB7.l DISCOUNT UNT0N 1 I Xf r X. BUM. N0. IY.VOIC[ DATL DESCRIPTION FUND/01116. ACCOUNT ENCUMBRANCE N0. JP/CJ PAYMENT AMOUNT 1 TA AOL[ AMO NT TASK 0/T1OM ACTIVITY DISCOUNT i I i SUM N0. INVOICE OAT[ O[BCRIPTION FUND ONS. ACCOUNT I ENCUMBRANCE N0.JP/Cl+ PAYMENT AMOUNT X )UNTTAABl[ AYOYNTTA•X 0P 1ON ACTIVITYfPEC F B! 0130 1 1 I 7 (DIS Re v. 0 I 7 H A n N � ct CO (4 coLP i 'D crn, ,QSo i k, rr �.y p AMENDED APPLICATION TO FILE LATE CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Application to File Late Claim ) NOTICE TO APPLICANT JULY 17, 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: Letcher Barnes Attornev: None Address: 1348 San Reliez Ct Lafayette, CA 94549-2514 Amount: Unknown By delivery to Clerk on: June 6, 2001 Date Received: June 6, 2001 By mail, postmarked on: June 5, 2001 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above noted Application to File Late Claim.. June 7 2001 DATED: JOHN SWEETEN, Clerk, By: TY Ig II. FROM: County Counsel TO: Clerk of 6e Board of Supervisors ( ) The Board should grant this Application to File Late Claim (Section 911.6). ( ) The Board should deny this Application to File Late Claim (Section 911.6). DATED: SILV ANO B. MARCHESI, County Counsel, By: DEPUTY Ili. 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 a true and correct copy of the Board's Order entered in its minutes for this date. DATE: JOHN SWEETEN, Clerk, Bv: DEPUTY WARiNING (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: JOHN SWEETEN, Clerk, By: DEPUTY V. FROM: (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 1348 San Reliez Court RECEIVED Lafayette, CA 94549-2514 May 5, 2001 JUN 0 6 2001 CLERK BOARD OF SUPERVISORS CONTRA COST/,,CO. The Board of Supervisors County Administration Building 651 Pine Street, Room 106 Martinez, CA 94553-1293 Ladies& Gentlemen: Further to my letter of April 27, 2001 begging leave to present a late claim against the Building Inspection Department, I herewith express my thanks to you for having allowed my claim to .proceed. Enclosed herewith is a copy of the response your action has elicited from the Building Inspection Department. Personnel in the Building Inspection Department were quick to demand the witness fee;but they did not bother to tell me that any of it might be refundable. It would not surprise me to learn that many other citizens have paid such fees and been cheated of an appropriate refund. It pains me to see such things happen and to know how it undermines trust in government. Knowing the important issues that come before you for decision for the well-being of Contra Costa County, I apologize for taking any of your time for this matter. Yours truly, Letcher B. Barnes Encl. M �' DATE 5/14/01 1 IMPORTANT See Instructions on Reverse Side 14 4.71 Xy- �1 Dollars $ As --�fl�-�-- ---- DESCRIPTION AMOUNT 6/27/00 Karen .Bergstrom Witness on Subpoena #373168 $61 .61 Witness Fees Paid $150.00 .Cost (3 hrs. including travel time @ $29.4635/hr) i 88.39 Refund Due: 61.61 9/18/00 Gano Thomas Witness on -Subpoena #374786 S83. 10 Witness Fees Paid $150.00 Cost (2 hrs. including travel time @ $33.45/hr) : 66.90 Re and Due: 83. 10 The undersigned under the penalty of perjury states: That the above claim and the items as therein set out are true and correct; that no part thereof has been heretofore paid, and that the amount therein is justly due, and that the same is presented within one year after the last item thereof has accrued. `�'k""/ Signed X �r "5�� VENDOR No. Received, Accepted , and Expenditure Authorized DEPARTMENT HEAD OR CHIEF DEPUTY U OR CCOU C M M NO. P C PAYMENT AMOU Refund Witness Fees 3415 9975 144 ;71 TAXAJBLE 0N TIONJ ACT VITT • CFLSl. DI C OUN T I............................................................................ 1 BUY.M0. 1►;YOICE DAT[ DESCRIPTION FUND/ORS. ACCOUNT ENCUYSRANC[ N0. P/C I PAYMENT AMOUNT J I TAXABLE AMOUNT TASK OPTION ACTIVITY DISCOUNTuNr i i i . . .... . ..... ..1.: SUM NO. INVOICE DAT[ DESCRIPTION FUND/046. ACCOUNT ENCUMBRANCE N0.JP/C ' PAYMENT AMOUNT i TAXABLE A UNT TASK 0► ION ACTIVITY lPEC. F 0! 0 1!C UNT 1 i FF I D 15 Rev.10/7 7 7 r 0�,Jr) N 1 :0 rn 00 � N 3 d d � U r a � a CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD AC11011E June 5, 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 pursuant to Government Code Section 913 and 915.4. Please note all "Warnings". AMOUNT: 050 MAY r 2001 COUNTY COUNSEL CLAIMANT: Mark Gillem MARTINEZ CALIF. ATTORNEY: None DATE RECEIVED: April 30, 2001 ADDRESS: 5105 Arroyo Way BY DELIVERY TO CLERK ON: April 30, 2001 Antioch,CA 94509 BY MAIL POSTMARKED: April 28, 2001 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. JO SWEETEN, C 'r Dated: April 30, 2001 By: Deputy 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 91 1.3). ( ) 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). 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: ,JOHN SWEETEN ClerkB i .r , l y 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 MAIIXNG 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 IIa certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: V Jo- By: JOHN SWEETEN, CLERK By2p k Deputy 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. Claim to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CL.AIMAINT A. Claims relating to causes of action for death or for injury to person or to personal propem or "growing crops and which accrue on or before December 31,.1987, must be presented not later than the 100'hday 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.Martinm CA 94-453. C. If Claim is against a district governed by the Board of Supeniso.rs. 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. 742 at the-end�.of this form. ' f it RE: Claim bj• ) ;.i'Reserved for Clerk's.Filing.Stamp RECEIVED ) ) APR 3 0Elp—q— o.. Against the Counts of Contra Costa CLERK BOARD OF SERISORS '�'.i 'r, ;�...,;' r-..:_ ; - ,FA _ i l;` .} CO TRA"(,`OSTACO. ;: J 1 :,.•, - - District ) .. (Fill in Name) ; The undersigned claimant hereby makes claim against the County of Contra Costa or the above named District in the sum of S-7 and in support of this claim represents as follows: 1. When did the damage or injury occur,.!. . 'Give exact Date and Hour) III ___ _______x_____________ 13 ?. Where did the damage or injury occur" (include City and Count ) (50t sat.4 P!�4, lAu.��1...fZ - -0FA MUS 1�`. VNV 3. Hoer' did the damage or injure occur? (Give full details: use extra paper if required) : VIS 4. What-particular act or omission on -tlie-partof county or•district-officers; servants. or.employees•caused the injury or damage? r, , •t���-};cam . �,�'• � �� I r�- ( Jr -aay par, wamuosrldmr vans gjoq .;q so `( 000`ois ) s-irilop pursnogi ural'IIipaaaxa ion jo aug r Sq `uosud ams aqi ai ivamuosudmr .iq so `aug purr juamuosudmr gons gloq .-q jo •( 000`jS ) saullop pursnogi auo :urpaaoxa iou jo auq r Aq 'irae auo argl a.Iom lou jo pouad r .io3 Itrf .iiunw aqi ui ivamuosudmr .:q laglra algrgsiund si `aunu.b io -sagonon •iun000r �Ipq •mrrlo lualnpnrlj to asir; .iur `auma:j4 amrs aqi Srd to mollu of pazuoglnr `laoWo io plroq louisgi .lo .�ilo of-io `saog3o .io plroq ams :iur oi.ivam.:rd-loj 10 aour.++olir loI sluasald `pwujap of iaalaigllm`oyA-uoslad :sap�wud apoD juuad..agl.lo Z ioas 3JI :L04 . i� � � � � � � � � �F � �F # :f X 3c i� �R 4 X �F Y :. :F I� �F �R i� � � � � K Y Y � � �. K a: �f �f �F � K � i� �f �R � i� •. � � �F Q� I oti auogdalaZ •or; auogdalal A/ V ( ssaiPPF ) ( alnir.utrs s,lur.rurriJ ) y tau rouF ;o sur Lpp ;purr aura 3lrgaq' tg u uos,ad autos -�q io ;.:awou.F:), :O L:S3JIL0 Q'�3S iur tumlo aqi:�.q pau: s aq isnur uurjo aqj,. :sap?.'o.rd.:'016.-aac ;)POD 'A00 X. iF Y Y •.w X'' 1 if w* 'X X ver X'�;.0 X h: ` Y 1 '1a1` If -1 IN110K 6ti3L1 3;t'Q :.unfui to ivaptoor sigi jo ian000r uo appm,nori salnupuadxa aql isr-I '6 --- ------ ---- -------------------------------------------------------- «�= ----------- •siri►dsoq pur •ssoizop*sassauii.ttjo sassalppr pur. sariir4 g -- .: ----...--: ?-----.--- --.--- -----------------------------------• ---- (•aoeuirp to ijnfui aG/Amadsoad.iur jo iunowr palrtupsa ain apniauj) .'paindmoz iunomr paunrla a.v)gr, aqi sr,b .aoEj P'l r joj saIeurRsa ow ljae3iy"pauncji saoeutrp to saunfui jo waaa mu a4tt)) _�pailnsa.r curl to n0A op SaunfIIl'`a0'sa�rmi p'lrq�b 9 --------------------------------------------------.--------- ;,.unfat so aormrp agl ouisnro saa�oldma so•slar.tras•slao�o louisip so .�lanoo�o saurrn aql a.rr irgb 'S by , �\� S \ ,�> . i V t{�[\'�\ , �.�/ � ,� V 2 .. �`;� Q "� ;,: ti,; •- � V �5:� :d � � �'0 K�4. 'i -' C'� r �' V a .) w�: � l 1 i ^.r' � �� �. .•••�,tip{\. t �, � f �, � J �/' �) � '\ i �� �� I r, i-/' �' ? a b • 1 ``�. \ r' \ i i `\ I �� /� . \ r ,\ 1 rl �: r ,+� I .n .. -- � .. - i +� .. . .� .. % \ �''' \\ �'• x j ,:.,,. �� 1 ..\ .. � � \. �j - .,.i t� � s� � ' . � �:l \ - .. ��._ � r � � ,,,� �; , :�---, W CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNLA BOARD AC110June 5, 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. 1 notice of the action taken on your claim by the Board of Supervisors. (Paragraph IV below), given R1gT:,TR1JWZZ pursuant to Government Code Section 913 and 915.4. Please note all "Warnings". AMOUNT: In excess of $10,000 MAY 0 Z 2001 COUNTY COUNSEL CLAIMANT: John Earl Howard MARTINEZ CALIF. ATTORNEY: Jacoby & Meyers DATE RECEIVED: May 2, 2001 ADDRESS: 100 California St #700 BY DELIVERY TO CLERK ON: May 2, 2001 San Francisco, CA 94111 BY MAIL POSTMARKED: May 1, 2001 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. JO[Rq Slti'EE EN C1 rk Dated: May 2, 2001 By: Deputy �( H. FROM County Counsel TO: Clerk of the Board of Supervisors (,This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: By: C��uty 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 mi ute for this date. JOHN SWEETEN y P , / Dated: �Q � �J- 0 l Clerk, B lL eputy Clerk ,V VVV1 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 cel tified copy of this Board Order and Notice to Claimant, addressed to the.;. laimant as shown above. Dated: r I (� By: JOHN SWEETEN, CLERK By / 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 uriderstand 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 i RECEIVED CLAIM AGAINST THE COUNTY OF CONTRA COSTA MAY 0.2 2001 (Government Code Section 910 et. seq.) CLERK BOARD OF SUPERVISORS CONTRA COSTA CO. Claimants: Name: John Earl Howard Social Security#: 558-69-7166 Date of Birth: 02/12/66 Address: 326 Wellington Street, Clyde, CA 94520 Phone Number: 925-691-3948 Name, address and phone number of person to receive notices concerning this claim: Law Offices of Jacoby& Meyers, 100 California Street, Suite 700, San Francisco, CA 94111 415-399-8951 Date and time when damage or injury occurred: 11/01/00 at 1850 hours Location of occurrence: Kirker Pass Road at Nortonville Road Circumstances of occurrence: Claimant was making a left hand turn onto Nortonville Road from Kirker Pass Road when he was struck by oncoming traffic. The failure to provide adequate and safe; lighting, notice and signage of a blockage of oncoming traffic was the sole cause of this accident. Description of loss, damage, or injury: Lacerations to front portion of head and left elbow, chest pain, neck pain, low back pain and mid-back pain. Name(s) of County Employee(s)causing injury, damage or loss, if known: Unknown. Amount claimed at present including estimated amount of any prospective loss: In excess of$10,000.00 Dated: April 30, 2001 / � - Gary A. Peters , Attorney of Jacoby and Meyers Law Offices, for Claimant, John Earl Howard 'I . I S .. ... .3 .. .. ..-._. .A ..I .... li it : I: I 1: I l 2 PROOF OF SERVICE John Earl Howard 3 I am a citizen of the United States. My business address is 100 California Street, Suite 4 700, San Francisco, California 94111. I am employed in the City and County of San Francisco where this service occurs. I am over the age of 18 years and not a party to the within action. I am 5 readily familiar with my employer's normal business practice for collection and processing of 6 correspondence for mailing with the U.S. Postal Service, and that practice is that correspondence is deposited with the U.S. Postal Service the same day as the day of collection in the ordinary 7 course of business. 8 On the date set forth below, following ordinary business practice, I served a true copy of the foregoing document(s) described as: 9 Public Entity claim form 10 [X] MAIL: I caused such envelope(s) with postage thereon fully prepaid to be placed 11 in the United States mail at San Francisco, California; 12 [ ] PERSONAL SERVICE: I caused such envelope(s) to be delivered by hand.this 13 date to the offices of the addressee(s). 14 [ ] OVERNIGHT DELIVERY: I caused such envelope(s) to be delivered to an overnight delivery carrier with delivery fees provided for, addressed to the 15 person(s) on whom it is to be served. [ ] BY FACSIMILE: by transmitting by facsimile to the number(s) set forth below, 16 or as stated on the attached service list, on this date before 5:00 pm. 17 The Clerk of the Board of Supervisors 18 The County Administration Building 651 Pine Street, Room 106 19 Martinez, CA 94553 20 I declare under penalty of perjury under the laws of the State of California that the 21 foregoing is true and correct. Executed April 30, 2001, at San Francisco, California. 22 23 0 — "J" 6prena Rodrigu s 24 25 26 2 i" --__. �" .. �\� �. :.�. 4 NG$ N w O O N (� O 7 D � G � mCti.• i CD t9 C7� r• � C� F'R,4 CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNLA BOARD ACT10June 5, 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 RIFG�IIV��, Board of Supervisors. (Paragraph IV below), given ��ii pursuant to Government Code Section 913 and APR 2 7 2001 915.4. Please note all "Warnings". AMOUNT: Unknown COUNTY COUNSEL MARTINEZ CALIF. CLAIMANT: Vernon W. Rodes ATTORNEY: None DATE RECEIVED: Aptil 26, .2001 ADDRESS: West County Detention Facility BY DELIVERY TO CLERK ON: April 26, 2001 5535 Giant Hwy 7—A Richmond, CA 94806 BY MAIL POSTMARKED: April 25, 2001 I. FRONt Clerk of the Board.of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. J i�lE E , k Dated: April 27, 2001 By: Deputy i 11. 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: 5--7,01 By: /L�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:A0 JOIN SWE=4 Clerk, By i , Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For Additional Warning See Reverse Side of This Notice. AFFIDAVIT OF MAEUNG I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaida certified copy of this Board Order and Notice to Claimant, addressedrtohe c aimant as shown above. y Dated:l 11 L'T Q • By: JOHN SWEEN, CLERK Beputy 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. SILVANO B.MARCHESI DEPUTIES: • PHILLIPS.ALTHOFF COUNTY COUNSEL 5 E L JANICE L.AMENTA NORA G.BARLOW �..SHARON L.ANDERSON / :,. o B.REBECCA BYRNES% -"-: ANDREA W CASSIDY ASSISTANT COUNTY COUNSELCONTRA COSTA`E.O_UNTY MONIKA L.COOPER /!"'P. _..`-$r' 7 N VICKIEL.DAWES GREGORY C.HARVEY OFFICE.OF.THE COUNTI( COUNSEL MARKES.ESTIS �I-' �,a..�--_ _ :: r, I LILLIAN T.FUJII ASSISTANT COUNTY COUNSEL II -- `1 �COUNT';ADMINISTRATION BUILDING�I JANET L.HOLMES DENNIS C.GRAVES 600-11 E=STREET'•9th•FLOOR KEVIN T.KERR i.-"dr"� , .1�`f..3:I' "I''�rlI BERNARD L.KNAPP SENIOR FINANCIAL COUNSEL MARTINEZ;CALIFORNIA 94553=1229 EDWARD LANE.JR. BEATRICE LIU GAYLE MUGGLI \, := T:y�y MARYANN MASON PAUL R.MUNIZ OFFICE MANAGER ��' VALERIE J.RANCHE PHONE (925) 335-1800 NOTICE QF-IIVSUFFIC IENCY STEVENP RETTIG DAVID F IDr FAX (925) 646-1078 DIANAJ.sILVER AND/OR JACOUELINEY.WOODS PAMELA J.ZAID NON-ACCEPTANCE OF CLAIM TO: Vernon W. Rodes West County Detention Facility 5535 Giant Hwy 7-A Richmond, CA 94806 RE: CLAIM OF: Vernon W. Rodes Please Take Notice as Follows: The clainn 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 Goveinment Code Section 910 and 910.2, or is otherwise insufficient for the reasons checked below: [ ] 1. The claim fails to state the name and post office address of the claimant. [ .I 2• The claim fails to state the post office address to which the person presenting the claim desires notices to be sent. [XX] 3. The clain fails to state the date, place or other circurnstances of the occurrence or transaction which gave rise to the claim asserted. LXX] 4. The claim fails to state the name(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 (`610,000). If the claim totals less than ten thousand dollars ("$10,000), the claim fails to state the amount claimed as of the date of presentation, the estimated amount of any prospective injury, damage or loss so far as known, or the basis of computation of the amount claimed. If the amount claimed exceeds ten thousand dollars ($10,000), the claim fails to state whether jurisdiction over the claire would rest in municipal or superior court. ] 6. The claim is not signed by the claimant or by some person.oil his or her behalf. ] 7. Other: Page 1 SILVANO B. MARCHESI COUNTY COUNSEL By:1 DePuty County Counsel CERTIFICATE OF SERVICE BY MAIL (C.C.P. §§ 1012, 1013a,20.15.5; Evidence Code§§641,664) I declare that my business address is the County Counsel's Oflice of Contra Costa County,651 Pine Street,Martinez,California 94553; 1 am a citizen of the United States,over 18 years 01'M-re,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 posta'•e fully prepaid thereon,and thereafter was,deposited this day in the U.S. Mail at Martinez,Califomia. I certify under penalty of perjury that the foregoing is hue and correct. Dated: May ,2001,at Martinez,Cali lornia. 04 cc: Clerk of die Board of Supervisors(original) Risk Management (NOTICE OF LNSUFFICIENCY OF CLAIM:GOVT.CODE§§910,910.2,930.4,910.8) Page 2 RECEIVED April 23, 2001 APR 2 6 2001 APR 2 6 2001 CLERK BOARD OF.SUPERVISORS To Whom It May Concern: CONTRA COSTA CO. e;UUNTY COUNSEL MARTINEZ,CALIF. My name is Vernon W. Rodes. I am serving a nine and a half year county jail sentence. I have been incarcerated at the West County Detention Facility located in Richmond, CA for 43 months to date. As the years go by my teeth and dental work continue to deteriorate. I also received some head injuries three years ago that the medical staff has not professionally diagnosed. I have made many appointments with the dentist at this facility and have received temporary fillings. Some of these fillings have fallen out the next morning. After receiving a new temporary filling in the same tooth, the filling fell out again two weeks later. I again informed the dentist of my problem with the temporary filling not staying in place and he said he would have to pull the tooth. I informed the dentist that I did not want to pull the tooth. That I would try to receive an early release from jail and repair my teeth after my release. I have not been able to receive a modification of sentence for my misdemeanor charges. On another occasion I had a tooth that was loose and I was experiencing pain from it. I informed the dentist of my problem. He prescribed penicillin, motrin, and a week later we pulled the tooth due to the pain I was experiencing from it. I could have saved the tooth with root canal. However, the facility does not provide that service. The dentist pulled a perfectly good tooth that was only loose. I have two other teeth that are also starting to move. I am afraid to mention this to the dental office for fear of having those pulled as well. Two,days ago.I_made an appointment because one of my top front teeth has been giving me pain when I eat my meals` This morning during my visit with the dentist, he informed me that he could do nothing for the tooth. Th dentist:informed me that I needed a porcelain filling to save the tooth. However, he could not provide me with that service. I informed the dentist that I was chewing my food on one side of my mouth that has only two teeth to avoid the pain from my front teeth. The dentist told me there was nothing he could do for me, that I would most likely loose the rest of my teeth in the next year because I grind my teeth in my sleep. I have nineteen teeth left and I do not want to loose them. My release date is February 2, 2004. Does this mean that the last two years of my county jail sentence that I will have to gum my meals to eat them? State prison provides inmates with the proper medical and dental care. I should be receiving the same care that a state prisoner receives. I am not receiving that care from the Contra Costa County jail system. Can you please help me with this matter or inform me who I should contact that will help me with this matter? I do not want to loose all my teeth. Sincerely, West County.Detention Facility 5535 Giant Highway. 7-A Richmond,.CA 94806 i ......... _ .......... rt r 0��4vo :fir J k,.4 r Q � A M � ��� �.� -�:::: �t ...:_. ...... �, .....,. r �::: w:..: _..... �::::: + ._... _._. _..... ....... � _..... "Y ,r