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MINUTES - 03122002 - C1
CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA. COUNTY BOARD ACTION: March 12,2002' Claim Against the County, or District Governed by ) the Board of Supervisors,Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action.All Section references are to ) The copy of this document mailed to you is your California Government Codes. ) notice of the action taken on your claim by the Board of Supervisors. (Paragraph IV below);given Pursuant to Government Code Section 913 and 15.4. Please note all"Warnings". AMOUNT: $5,000,000 R!EB 12 ill CLAIMANT: Scott A. Jararnillo COUNTY COUNSELMART1NIE�k CAUF ATTORNEY: DATE RECEIVED: February 11, 2002 ADDRESS: P.O. Box 1296 BY DELIVERY:TO CLERK ON February 11,2002 Oakley, CA 94561 BY MAIL POSTMARKED: Hand-Delivered I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. JOHN SWEE:: Dated: _ FebruMM , 11, 200:2 By: Deputy II. FROM: ,County Counsel TO: Clerk of the Beard of Supervisors { ) This claim complies substantially'with Sections 910 and 9102. (kel,his Claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifyingclaimant. 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): O Other: Dated: — ,b -- 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. O Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated:, Dal)JOHN SWEETEN, CLERK,By I , ' eputy Cl erk WARNING (Gov. code section 913T Subject to certain exceptions, you have only six (6)'months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6 You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult'an attorney, you should do so immediately. *For'Additional Warning See Reverse Side of This Notice: AFFIDAVIT OF MAILING" I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a'citizen of the United States, over age 18 and that today I deposited in the United States Postal Service in Martinez,California,postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. n & a.. r R $ Dated JOHN SWEETEN, CLERK By Deputy Clerk vi airs tar Bad CP SVPIRVISORe OF CONTRA COSTA OO TY 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 leiter :than the .1C{th day after the accrual of the cause of action. Claims relating to causes of action for death or Tor 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. (Govat Cod* 911.2.) D. Claims must be filed with that Clerk of the board of Supervisors at its Office in Room ICG, County Administration Suilding, 651 Pine Street, Martin*z, 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 *or* than one public entity, separate claims : mulct be filed against each public entity. E. Zraud,, See penalty for fraudulent claims, Penal °Cod* Sec. 72 at the and of this form. reek,����r��+e,rtre�r,t+�:t���►�s,tees+�rre�:,�rr�r�r#+��►' tr,eta+e#��ee�+►�t,qtr,�eer�r�e�t�tree,tr��r�r,�#�r�,� RE: Claim By Reseerved' for Clerk's filing stamp 5Co-& All L4 �� 7C.0"trw�; S Whet are the names of county or district officers, servants or *zployees causing the damage or injury? � � r��Y �y, Jbl,1--54,&�e AXec Of.�rzlf`n��%ti r+t�i� g G.h-L� �►�� K of c- APKc&'4 1l(--�1I-1G•e AO-a ilS is 40 CL.-entS, 4 c' t 4 6. Trthat damage or 537ilas do you claim resulted? (Give full >extent of injuries ,or damages claimed. Attach two estimates for auto damage.)-Ttc5 z- L45 a r r� � e 2 al t i'•L �-1�tS �► jwed. a . yrs a . -�s.-t . s� r ,,t-,ie ,� 4,�"� ' f Pe--(4, A) g:u,�.� x4, ez c--IA- Ck,,<e tin. k,-,1l CC t^. CIdw, . c� I trc, e F ti sa�r�ce fat �I yrS< ' ►iri Vat the amount clai ed ove comput ? (Include the estimated amount of any prospeGtive inury or .t t e^ r t g a C11"f- -C',," yes i•�,.Jv�N d ge4i"f Y V` Oar-(." .evt-f- 60 t -i tw boo J,ICe O #1 a iSc-7 K04- k-ve 1.,-c Vit,:.�ter `,� Its1c L t ya. Names and addresses of witnesses, E:'' Actors and, hospitals. C fiif:,-,C t ',ftp t`r+m llur ,. S ...r atia 5e •af - W�1 .. fC,o.a.' ' `u�.l4:' �#J° '+. .. 1�tt atta,^i vC... s!# .,,7 - PC vt "ek-5LAe mixe_,LtoyJ, 4111--oe:11 5<5. se,,+ P'. WCJ 'r ;. x. ,. ( wr,�Lc r yr�awr k Set rr�r SL w pe,- 4-.i /e 9.' List the expenditures you evade on account of this accident or ink ury.I�g� plor-Aeo- .. Co s�-4 CAS e- ,,r a®� ####i#i##!i##�t'i##•li#i##i#####il#+i#tk'��i!#A###�rli�r�#fRi#'##ttt►1R#4r#IR�tlti##i Gov. ;Code' Sec. 910.2 provides *The ''claim must be signed by the claimant or by some person on his IEND IMUCES 19; 1A110=211 Name and Address of Attorney � 1011I, CaMI. fl 0 j (Claim is Signature) ' f z9x t � ) (Address) G'�s 2z• Telephone No. {z �137�- j Telephone No. � Z -/3 2 #!r##rM�tft#!!#ii#''!#fit#i##�##tkl####!#ir#####l+Aii#l!iR### ###lt►##rtl+Ir#i##ir##A no�rs�a Section 72 of the Penal Code provides. Lvery person vho, with intent to defraud, presents for allowance ,or for payment to any state board or officer, or to any county, city or district board or officer, authorised to allow or pay the same it Genuia, any false or fraudulent claim, bill, account, voucher, or writing, is punishable either by imprisonment in the county jail for a period of not *ora than one year, a fine of not exceeding onethousand ($1,000) , or by both such%prisonment and fine, or by imprisonment in the state prison, by a fine of not exceeding tern thousand dollars ($14,400, or by both such imprisonzent and fine. OFFICE OF THE COUNTY COUNSELSILVANo B.MARCHESI COUNTY OF CONTRA COSTA CouwrY COUNSEL Admini,stfation Building ,Y,.y" 651 Pine Street, 9"'Floor *> @IDS SHARON L. ANDERSON Martinez, California94553-1229 - ;tm CHIEF AssisraNr e GREGORY C.HARVEY (925) 335-1800 °� y°ii'u1�}t a VALERIE J. RANCHE (925) 646-1078 (fax) . r �� AssisrANrs t y� NOTICE OF INSUFFICIENCY ANDIOR NON-ACCEPTANCE OF CLAIM TO: Scott A. Jararnillo P.O. Box 1296 Oakley, CA 94561 RE: CLAIM OF: Scott A. Jaramillo Please Take Notice as Follows: The claim you presented against the County of Contra Costa or District governed by the Board of Supervisors fails to comply substantially with the requirements of California Government Cade Section 910 and 910.2, or is otherwise insufficient for the reasons checked below: [ ] L 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. [XXI 3. The claim fails to state the date,place or other circumstances of the occurrence or transaction which gave rise to the claim asserted. [ } 4. The claim fails to state the name(s) of the public employee(s)causing the injury, damage, or loss,if known. [ ] 5. The claim fails to state whether the amount claimed exceeds ten thousand dollars ($10,000). If the claim totals less than ten thousand dollars($10,000), the claim fails to state the amount claimed as of the date of presentation, the estimated amount of any prospective injury, damage or loss so far as known, or the basis of computation of the amount claimed. If the amount claimed exceeds ten thousand dollars ($10,000), the claim fails to state whether jurisdiction over the claim would rest in municipal or superior court. [ } 6. The claim is not signed by the claimant or by some person on his behalf. [ } 7. Other: Page 1 SELVANO B. MARCHES? COUNTY COUNSEL Deputy County Counsel CERTIFICATE OF SERVICE BY MAIL (C.C.P. §§ 1012, 1013a,2015..5;Evidence Code§§641,664) I declare that my business address is the County Counsel'sOffice of Contra Costa'County,651 Pine Street,Martinez,California 94553;1 am a citizen of the United States,over 18 years of age,employed in Contra Costa County,and not a party to this action. I' served a true copy of this Notice of Insufficiency and/or Non-acceptance of Claim by placing it in an envelope addressed as shown above,sealed and postage fully prepaid thereon,and thereafter was,deposited this day in the U.S.Mail at Martinez,California. I certify under penalty of perjury that the foregoing is true and correct. Dated: February ` —t-0,2002,at Martinez,California. cc Clerk of the Board of Supervisors(original) Risk Management' (NOTICE OF INSUFFICIENCY t7FCI.AIM:GOUT.CODE§§9 t0,910.2,920.4,910.8) Page 2 CLAIM BOARD OF SUPERVISORS Old CONTRACOSTA COUNTY BOARD ACTION: March 12,2002 w.. Claim AgainsttheCounty, or District Governed by the Beard of Supervisors, Routing'Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section references are to ) The copy of this document mailed to you is your California Government Codes. ) notice of the action taken on your claim by the Board of Supervisors. (Paragraph IV below), given Pursuant to Government Code Section 913 and ' a 915.4. Please note all "Warnings". AMOUNT: $199.15 SEB l'3 2002 CLAIMANT Beverly Rubini MAR HM CAt.1�F.L ATTORNEY: DATE RECEIVED: February 12,2002 ADDRESS: 1581 Del Monte Ct BY DELIVERY TO CLERK ON: February 12,2002 Moraga, CA 94556 BY MAIL POSTMARKED: Hand-Delivered I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. JOHN SWE .Dieted: February 12: 2002: By: Deputy 11. FROM: County Counsel TO: Clerk of the Board of Supervisor (v)'/This claim complies substantially with Sections 910 and 910.2. ( ) This Claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days(Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim(Section 911.3). ( ) Other: Dated: -`" By: _ Deputy County Counsel III, FROM Clerk of the Board TO: County Counsel (1) County Administrator(2) ( } Claim was returned as untimely with notice to claimant(Section 911.3). IV. BOARD'ORDER: By unanimous vote of the Supervisors present: This Claim is refected in full. ( Other: I certify that this is a true and correct copy of the Board's Order entered inits minute for this date. Bated c JOHN SWEETEN,CLERK, By i" ; Deputy Clerk WARNING(Gov. code section D 13) 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 novo, 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 Carder and Notice to`Claim addressed to the clajmant as shown above. Dated. } . ° €c' JOHN SWEETEN, CLERK By ' Deputy Clerk P"On i"I A Claim to: BOAMI .,DF S P£RVI QI aF OMM C=k OD3t1TY A. Claims relating to causes of action for death or for injury to person or to;.per- sonal property or growing crops and uh :ch accrue on or 'before December31, 1987, must be presented not later than the 100th day after the accrual of the cause of action. Claim relating to causes of_action for death or for injury to person or to person property or gr Ang mvps and which aocrue on or after January 1, 1988, mit be presented not later than six meths after the accrual of the cause' of action. Claims relating to any other cause of action must be presented not laterthan ene year after the accrual of the cause of 'actio. (Govt. Crile 5911-2.) B. Claims'must be filed with the Clerk of the mrd'of Supervisors at its office in Rom 106, County Administration Buildings 651 Pine Street, 3martinez, 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; Fes.;' See penalty for fraudulent claims, Penal. Code' Sec. 72 at the end of this form. RE: Claim By Reserved for Clerk's filing stamp RECEIVED nst; the County of Contra Costa FEB 1'2 2002 or [CLERKZWF sU�VISOR$ District} OST:cce. The undersigned claimant hereby makes claimnst the County of Contm Costa or the aboVe-named' District in the sum of $ } .i�S and in support of this Claim represents -as f611ovm 1. Wen did th damage or injury tour? ' (Give exact Mate and hour) 2. Where 'did the damage or injury occur? (Include city and county) o CA 3. How did the damage or injury occur? '«(Give'' NU details, use extra paper if required sk;C16 4* tat articular act be omission'M the part of c oiunty or district off'i.cers, servants AW 111mloyees; caused. thy_-injury or-doge? (over) Wraat are trae names of county or, district officers, servants or employees causing the damage or injury"? sre e—b(�r�c'K') 5 What damage or injuries 'do you claim resulted? (Give full extent of inurge or damages claimed. Attach two estimates for auto �e, 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.') Names and addresses of witnesses, doctors and hospitals. 9 List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT Goo. Code Se-6. '9iC. prcavides: "The claim must be signed by the claimant s rm Nc t TQ: ttarne c r so ne on his.:behalf." Name and Address of Attorney t' Signature AN Telephone No. Telephone No.'q 57(o :- qt W-2- 'C NOTICE Section 72 0 the Penal Code provides: 'Every.,person who, with intent to defraud, pmeents for allowance or for pa)nmem to any state board or off icer, or, #oany. tty, city or dietriot boa d or Officer, authorized to allow or pay the saw if .genuine, any false or fraudu .ent claim, billy ace=t, ;vouoher, car writing, is: h ble either 1-0;4oi, tin the county fail`f`ar a per*itl ` zxat. ', a fi ne o rpt exing sine thousand ($1,00), oar* by bQ imjpri.so hent fine#='ctr'by imprisonment in' the state prison, by a fine of not exceeding ten thousand :dol0, or by- bath such imprisonment and fine. LU IC Q tr w5 FL C d a C> a e t- 4 r141 ai w i» fo ccu U Ui 3 F 7 U ti U U a. d Cz `.�' : v ct 1 U' 0 1 1 G1 W W L w F J am z:n i U' cc If t 1 !L m 4E T :E U tea. Cts 0 Li Li 0 cl 0 it _ TI. uj W Wm EL CL: y a U3 Er ij\ i tL ty J LU le,LU W 1] i 1 i es ( i €� cri b U) x iL cm t N M t14.�CY. uj S mJ N T LL Cri C U /v m tl m c 2(i LLl n tom.," h � y _ D., C} u d LU ..,1 t/)9 n 7 Ill Uk m w o ) ? az U I } i c� w ui Ix o a 1 ui LL ¢ u} - — - uj O :} --. ' RMS RISK MANAGEMENT SERVICES tebruary 6, 2002 Ms. Beverly Ttubint' 1581 Del Mete Court Moraga, CA '94556 RE: Itubini, Beverly v. County of Alameda County Claim No. '02-030 Lear Mrs. Rubini. As the authorized claims administrator for the County of Alameda, we have completed our investigation pursuant to the above-captioned. matter. Although the exact location along Pinehurst;Road'where the tree branch in question fell was not precisely identified, the County's Public Works Agency reviewed the Index of Alameda County Maintained Roadways. Based on that review, the Agency concluded that the incident location is in Contra Costa County. However, it further determined that if the location is within proximity to the intersection of Skyline Boulevard and Pinehurst Road/Shepherd Canyon Road, this intersection falls within the City of Oakland. Please be advised that Alameda County does not have the responsibility for control, supervision, design, or tree maintenance within the roadway prism in the City of Oakland or for Contra Costa County. As such, your claim against the County of Alameda has been rejected; the applicable statutory notice is enclosed. Should;you wish to pursue this matter, you will need to do so in the proper jurisdiction. ly,y Roxane Meier Encl. - P. J. Box 724 Sebastopol,CA 95473 (707) 792-4980 FAX(707) 792-4988 CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY BOARD ACTION: March 12,2002 Claim Against the County, or District Governed by the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section references are to ) The copy of this document mailed to you is your California Government Codes. ) notice of the action taken on your claim by the Board of Supervisors. (Paragraph IV below), given Rxagl�m Pursuant to Government Code Section 913 and 915.4. Please note all "Warnings". AMOUNT: Unknown FEB 15 COUNTY COUNSEL CLAIMANT: Jessica Batres MAFtTINEZ CAUF, ATTORNEY: M. Meadows " DATE RECEIVED: February 14-2002 ADDRESS: 2121 N. California#1020 BY DELIVERY TO CLERK ON: February 14,2002 Walnut Creek,CA '94596 BY MAIL POSTMARKED: Hand-Delivered 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. JOHN SWEE ' er � Dated: FebBL4a 15,2002 By: Deputy Il. FROM: County Counsel TO: Clerk of the Board of Supervisors " (s-) 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). O 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 Ord r entered:in its min tes for this date. Dated:, k' > JOHN SWEETEN, CLERK, By ,Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6)months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For Additional Warning See Reverse Side of This Notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned,have been a citizen of the United States;over age 18; and that today I deposited in the United States Postal Service in Martinez, California,postage fully prepaid:a certified copy of this Board Order and Notice to Claimant,addressed to the claimant as shown above. Dated: j ,JOHN SWEETEN, CLERK Byr Deputy Clerk I MICHAEL D. MEADOWS (State Bar No. 62110) CASPER, MEADOWS&SCHWARTZ 2 A Professional Corporation RECEIVED California Plaza 3 2121 North California Blvd., Suite 1020 FEB 14 2002 Walnut Creek, California 94596 4 Telephone: (925) 947-1147 CLERK BOARD OF SUPERVISORS Facsimile: (925) 947-1131 CONTRA COSTA CO. 5 Attorneys for Plaintiff 6 Jessica Batres 7 8 9 JESSICA BATRES, CLAIM FOR PERSONAL INJURIES (Government Code § 910) 10 vs. 11 COUNTY OF CONTRA COSTA, STEVE 12 SMITH, Does 1-30, 13 TO: BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA: 14 YOU ARE HEREBY NOTIFIED that Jessica Batres, a minor, by and through 15 her guardian ad litem, Roberto Batres, whose address is 3612 Desanie Circle, Bay 16 Point, California 94565, claims damages from the County of Contra Costa and the 17 Contra Costa County Sheriff's Department. 18 The occurrences giving rise to this claim took place on or about April 2001 to 19 and including August 2001 at or near Riverview Middle School and Bay Pointe, 20 California, and were discovered by the claimant on November 19, 2001. The 21 circumstances of the occurrences are as follows: Steven Smith was employed as a 22 Deputy Sheriff and assigned to the Riverview Middle School during the relevant period 23 of April 2001 to August 2001. Mr. Smith acted as the resource officer for Riverview 24 Middle School under the supervision of unknown employees of the Contra Costa 25 County Sheriff's Office and the principal of Riverview Middle School, Perry Julien. 26 This position provided Smith with access to, and authority over, the claimants. Using 27 the authority conferred upon him by the nature of his position as a Contra Costa 28 County Deputy Sheriff and resource officer of the Riverview Middle School, and acting CASPER,MEADOWS &SCHWARTZ 2121 N.California Blvd., Suite 1020 Walnut Creek,CA 94596 Claim for Personal Injuries Page 1 TEL:(925)947-1147 FAX(925)947-1131 1 in the scope of his employment, Mr. Smith sexually molested and committed other 2 lewd acts with claimant during the relevant period. 3 Defendant, County of Contra Costa, by and through the Contra Costa Sheriff's 4 Department, had a duty to properly hire, train, supervise, and control sheriff deputies 5 they assigned to schools, including Riverview Middle School. Further, defendant 6 County of Contra Costa knew that the authority conferred upon a deputy sheriff, such 7 as defendant Steven Smith, could provide access to, and authority over, students 8 such as claimant, and that by virtue of his position and authority, Steven Smith could 9 isolate claimant and force her to engage in Lewd and inappropriate sexual conduct with 10 defendant Smith. Thus, the County of Contra Costa was negligent in hiring Steven 11 Smith despite his unfitness for the position of deputy sheriff, and negligent in 12 supervising, training, and controlling his conduct as deputy sheriff. As a proximate result of such negligence, the minor claimant sustained injuries 13 consisting of physical injuries, humiliation, embarrassment, and psychological and 14 emotional distress. 15 Jurisdiction over this claim would rest in the Superior Court. 16 All notices or other communications with regard to this claim should be sent to 17 Michael D. Meadows of Casper, Meadows & Schwartz, 2121 No. California Blvd., Ste. 18 1020, Walnut Creek, California 94596. 19 20 Dated:February 12, 2002 IMP -041 21 Michae Meadows GASPER, MEADOWS&SCHWARTZ 22 Attorneys for Plaintiff 23 24 25 26 27 28 CASPER,MEADOWS &SCHWARTZ 2121 N.California Blvd., Suite 1020 Walnut Creek,CA 94596 Claim for Personal Injuries Page 2 TEL:(925)947-1147 FAX(925)947-1131 CLAIM C., BOARD OF SUPERVISORS OF CONTRACOSTA COUNTY BOARD ACTION: March' 12.2002 __- Claim Against the County, or District Governed by ) the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action.All Section references are to ) The copy of this document mailed to you is your California Government Codes. ) notice of the action taken on your claim by the Board of Supervisors. (Paragraph IV below), given R!EB Pursuant to Government Code Section 913 and 915.4. Please note all "Warnings". 1 5 2002 AMOUNT: Unknown COUIM COUNSEL CLAIMANT: Anna Sillard MARTWEZ-CALIF, ATTORNEY: Michael Meadows DATE RECEIVED: February 14, 2002 ADDRESS: 2121 N. California#1020 BY DELIVERY TO CLERK ON: February 14, 2002 Walnut Creek, CA 94596 BY MAIL POSTMARKED: Hand-Delivered 1.` FROM: Clerk of the Board of Supervisors' TO: County Counsel Attached is a copy of the above-noted claim. .'.JOHN SWEE f , y e Dated: February 15 2002' By: Deputy ; , II. FROM: County Counsel TO: Clerk of the Board of Supervisors (tThis 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). O Other: Dated: 'd ' -: 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. lev ( Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated:' "1'1- JOHN SWEETEN, CLERK,By ' ° ,Deputy Clerk WARNING(Gov. code section 913) Subject to certain exceptions, you have only six(6)months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For Additional Warning See Reverse Side of This Notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned,;have been a citizen of the United States, over age 18 and that today I deposited in the United States Postal Service in Martinez,California,postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated; , r''R ° � 'JOHN SWEETEN, CLERK.By Deputy Clerk f 1 MICHAEL. D. MEADOWS (State Bar No. 62110) CASPER, MEADOWS&SCHWARTZ 2 A Professional Corporation California Plaza RECEIVED , 3 2121 North California Blvd., Suite 1020 Walnut Creek, California 94596 4 Telephone: (925) 947-1147 FEB 14 2002 Facsimile: (925) 947-1131 5 CLERK BOARD OF SUPERVISORS Attorneys for Plaintiff CONTRA COSTA Co. 6 Anna Sillard 7 8 9 ANNA SIL.L_ARD, CLAIM FOR PERSONAL_ INJURIES (Government Code§910) 10 VS. 11 COUNTY OF CONTRA COSTA , STEVE 12 SMITH, Does 1-30, 13 TO: BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA: 14 YOU ARE HEREBY NOTIFIED that Anna Sillard, a minor, by and through her 15 guardian ad litem, Dani Sillard, whose address is 640 Bailey Road, #481, Pleasant 16 Hill, California 94565, claims damages from the County of Contra Costa and the 17 Contra Costa Sheriffs Department. 18 The occurrences giving rise to this claim took place on or about April 2001 to 19 and including August 2001 at or near Riverview Middle School and Bay Pointe, 20 California, and were discovered by the claimant on November 17, 2001. The 21 circumstances of the occurrences are as follows: Steven Smith was employed as a 22 Deputy Sheriff and assigned to the Riverview Middle School during the relevant period 23 of April 2001 to August 2001. Mr. Smith acted as the resource officer for Riverview 24 Middle School under the supervision of unknown employees of the Contra Costa 25 County Sheriff's Office and the principal of Riverview Middle School, Perry Julien. 26 This position provided Smith with access to, and authority over, the claimants. Using 27 the authority conferred upon him by the nature of his position as a Contra Costa 28 County Deputy Sheriff and resource officer of the Riverview Middle School, and acting CASPER,MEADOWS &SCHWARTZ 2121 N.California Blvd., Suite 1024 Walnut Creek,CA 94596 Claim for Personal Injuries Page 1 TEL:(926)947-1147 FAX(925)947-1131 1 in the scope of his employment, Mr. Smith sexually molested and committed other 2 lewd acts with claimant during the relevant period. 3 Defendant, County of Contra Costa, by and through the Contra Costa Sheriff's 4 Department, had a duty to properly hire, train, supervise, and control sheriff deputies 5 they assigned to schools, including Riverview Middle School. Further, defendant 6 County of Contra Costa knew that the authority conferred upon a deputy sheriff, such 7 as defendant Steven Smith, could provide access to, and authority over, students 8 such as claimant, and that by virtue of his position and authority, Steven Smith could 9 isolate claimant and force her to engage in lewd and inappropriate sexual conduct with 10 defendant Smith. Thus, the County of Contra Costa was negligent in hiring Steven 11 Smith despite his unfitness for the position of deputy sheriff, and negligent in supervising, training, and controlling his conduct as deputy sheriff. 12 13 As a proximate result of such negligence, the minor claimant sustained injuries 14 consisting of physical injuries, humiliation, embarrassment, and psychological and emotional distress. 15 Jurisdiction over this claim would rest in the Superior Court. 16 All notices or other communications with regard to this claim should be sent to 17 Michael D. Meadows of Casper, Meadows & Schwartz, 2121 No. California Blvd., Ste. 18 1020, Walnut Creek, California 94596. 19 20 Dated:February 12, 2002 21 Michael D. Meadows CASPER, MEADOWS&SCHWARTZ 22 Attorneys for Plaintiff 23 24 25 26 27 28 CASPER,MEADOWS &SCHWARTZ 2121 N.California Blvd., Suite 1020 Walnut Creek,CA 94596 Claim for Personal Injuries Page 2 TEL(925)947-1147 FAX(925)947-1131 ...................... CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY BOARD ACTION:, March 12 -2002 Claim Against the County, or District Governed by the Board of Supervisors,Routing Endorsements, NOTICE TO CLAIMANT and Board Action. All Section references are to The copy of this document mailed to you is your California Government Codes ) notice of the action taken on your claim by the Board of Supervisors. (Paragraph IV below), given !@Rvscant to Government Code Section 913 andYI4. Please note all "Warnings". EB 15 2002 AMOUNT: $35,000 COU NTYCOUNSEL CLAIMANT: Christopher Weaver MARTW-Z CALIF. ATTORNEY: DATE RECEIVED: February 14,2002 ADDRESS: 4400 Bell Ave BY DELIVERY TO CLERK ON: FebrugX 14,2002 Richmond, CA 94804 BY MAIL POSTMARKED: Hand-Delivered I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. JOHN SWE Dated: February 15, 2002 By: Deputy pi 11, FROM: County Counsel TO: Clerk of the Board of Superviso 04-fiis 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). O Other: Dated: g- 0,), By: (igEA��_ 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 fall. O Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes.for this date. Dated: Ut , a-4_9- JOHN SWEETEN, CLERK, By �1111_6 ILA", �� eputy Clerk & WARNING (Gov. code section_91 Subject to certain exceptions, you have only six(6)months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For Additional Warning See Reverse Side of This Notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California,postage fully prepaid a certified copy of this Board Order and Notice to Claimant. addressed to the claimant as shown above. 5 Dated:I JOHN SWEETEN,CLERK By I WZ , Deputy Clerk Claim:t6: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY M T UCTI NS TO CL ANT A, Claims relating to causes of action for death or for injury to person or to personal property or growing ' crops,and which accrue on or before December 31 1987, must be presented not later than the 10&day after the accrual of the cause of action. Claims relating to s of action for death or for injury to person or to personal property or growing crops and which a e on or after January 1, 1988,mast be presented not later than six months after the accrual of the cause of action. Claims relating to any other cause of action must he 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 Fine Street, Martinez, CA 94553. C. If claim is against a district governed by the Board of Supervisors,rather than the County, the name of the District should be fired 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 farm. RE: Claim By Reserved for Clerk's filing stamp EIIE0, ,Against:the County of Contra Costa or ) F E B 14 2002 DistrictCLERK BOARD OF SUPERVISORS 4 LA.(Fill in Warne) � CANTRA�sTA rA. The undersigned imant hereby makes claim against the County of Contra Costa or the above-named district in the sum of$ QQ0 and in support of this claim represents as follows: F l. �hetd the damage ar injury occur. {Give e 'act date and hour} -64 4 �l VV V C4 WCA 2. Where did the damage or injury occur? {Include city and county) wt�, . 3 How did the damage or injury occur?(Give full details;use extra paper if required) r . E _ �w., tl eery t£ 4. : What particular act or omission on the part of county or district officers, servants, or employees caused the injury or damage? 1s '"d t3 � �k � a ° fir i !trn'P R_.!` Mei E' 1' B V".# i" � " „... ti A Ftforms ' k vi X. .# '` 9 4 W W i. t X (5. What are the names of county or district officers, servants, or employees causing the damage or inju ? # 1 � . 6. What damage or injuries do you claire resulted?{Give full extent of injuries or damages claimed. Attach two estimates for auto damage.) k t a _ $FF `+ . i 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) Ir ° zvei '-: i r3::' Y'' C ' _ K BVI..-e1k .. # • 4 ' 8. Names and addresses of witnesses, doctors; and hospitals.Pa 16) CA14jr C 9. List the expenditures you made on account of this accident or injury. DATE TIlVfEAAMLNI �` . } Gov. Code Sec. 910.2 provides "The claim must be } signed by the claimant or by some person on his behalf SEND NonCES TO: ,(Attorney, Name and Address of Attorney } " FpIj } ( laimant's Signature) } (Address) } } Telephone No, - )Telephone Not 10 7> 1 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 beard or officer,authorized to allow or pay the same if genuine any false or fraudulent claim,bila,account, voucher,or writing,is punishable either by imprisonment in the countyjail for a period of not more than one year,by a fine of not exceeding one thousand(S 1,000),or by both such imprisonment and fine,or by imprisonment in the state prison,by a fine of not exceeding ten thousand dollars($10,000),or by both such imprisonment and fine. CLAIM . BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY BOARD ACTION: March 12, 2002 Claim Against the County, or District Governed by ) theBoardof Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section references are to ) The copy of this document mailed to you is your California Government Codes. ) notice of the action taken on your claim by the ISBoard of Supervisors. (Paragraph IV below), given suant to Government Code Section 913 and .4. Please note all "Warnings". FEB 15 2002 9 AMOUNT: Unknown COUNTY COUNSEL CLAIMANT: Todd Davidson MARTINEZ CAt tF. ATTORNEY: iAerman Franck DATE RECEIVED: February 14, 2402 ADDRESS: 926 J St#1011 BY DELIVERY TO CLERK ON: February 14,2002 Sacramento, CA 95814 BY MAIL POSTMARKED: Hand-Delivered 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim.' JOHN SWE!t=--1 � Qa4 Dated: February 15, 2002 By: Deputy II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( is claim complies substantially with Sections 910 and 910.2 ( ) This Claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ('`Other: 71 1,5 L 14 r rnJ 1,S Me Ll a4 ��, e�C c'_c s;. r,r n > 0/- Dated: By: v 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 B'oard's Order entered in its minutes for this date. Dated: ` 1 k' `, JOHN SWEETEN, CLERK, Bye ` , Deputy Clerk WARNING (Gov.code section 913) Subject to certain exceptions, you have only six (6)months from the date this notice was personally served or deposited in the mail to file a court action on this claim.See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For Additional Warning See Reverse Side of This Notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned,have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California,postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated. }: !:�, 2JOHN SWEETEN,CLERK By Deputy Clerk Law Offices of Herman Franck 926 J Street, Suite 1011 Sacramento, California 95814 Tel. (916) 447-8400 • Fax. (916) 447-0720 Email: franckherman@cs.com Web: wvvw.citizenottorney.com February 13,2002 Clerk of the Board of Supervisors, County of Contra Costa, County Administration Building 651 Pine Street, 1st Floor Martinez,CA 94553 Dear Clerk: Enclosed for submission to the Board of Supervisors is our notice of claim on behalf of Todd Davidson. Please process the original, and return a date stamped endorsed "received" on the copy to my office in the provided envelope. Very truly yours, Herman Franck,Esq. Attorney for Claimant Todd Davidson 1 Law Offices of Herman Franck /f 926 J Street, Suite 1011 Sacramento, California 95814 Tel. (916) 447-8400 • Fax. (916) 447-0720 Email: franckherman@cs.com ..�. Web: www.citizenottorney.com February 13,2002 RECEIVED Clerk of the Board of Supervisors, County of Contra Costa, FEB 14 2002 County Administration Building CLERK OFSUp8RVISORS 651 Pine Street, l st Floor corvraa cows CO, Martinez,CA 94553 To the Board of Supervisors, Contra Costa County: Please take notice that Todd Davidson, a resident of Vacaville, Solana County, herewith gives notice of his claim against Contra Costa County,pursuant to Gov. Code Section 910, and states the following information regarding his claim: 1. Dates of Incidents. The following dates of incidents apply to this notice of claim: The complained of wrongful levy on Mr. Davidson's bank account occurred on December 13,2001. On November 13,2001, the complained of wrongful interception of a State Tax Refund occurred. On November 19,200'1, the complained of wrongful interception of a Federal Tax Refund occurred. During July 18,2001, the complained of downgrading of Todd Davidson's Bureau of Automotive Repairs Licensed from annual to temporary occurred. During November 9,2001, the County cleared up the downgrading of Todd Davidson's BAR License. 1 { August 15 -December 24, 2002,wrongful communications regarding amount and legalstatus of debt. On August 15,2001 through to the present, as an ongoing tort, the County has refused to properly update its accounting to remove the amount of a lien on all of Todd Davidsons personal property. On August 15,2001 through to the present, as an ongoing tort,the County has refused to properly update its accounting to remove the negative information on Todd Davidson's credit record and credit report. 2. Amount of Claim. The claim is in an amount in excess of the court's limited jurisdiction. 3. Description of Claim. Todd Davidson claims as follows: that on December 7, 2001,the County wrongfully levied his personal bank account; on November 13,2001,the County wrongfully levied,converted and intercepted a state tax refund; on November 19, 2001 wrongfully levied,converted and intercepted a federal tax refund, on continued with a lien on all of his personal property that they had wrongfully failed to update during November 2001, and on placed a suspension on his Bureau of Automotive Repairs License, and sent out numerous communications concerning the debt, and the legal status of the debt, all based on incorrect allegations regarding the amount owed by Todd Davidson for child support to Debra Davidson for their minor son, Daniel Davidson (dob May 17, 1992). The involved County Agency is: Contra Costa County Department of Child Support Services 50 Douglas Drive, Suite 100 Martinez, CA 94553-8507 Tel. 925 957 7310; FAx 925 335 3635 County Employees involved: Claimant does not know the names of the County officials and/or employees that caused the wrongful levy, and accordingly names Linda M. Dippel, Director as the person in charge, and her subordinate officials in charge of causing and authorizing bank levies. Several County employees dealt with 2 Mr.Davidson in his attempts to rectify the issues. One was named Donna (last name not known)(she made the payment arrangements and was involved in receiving materials from Todd Davidson to prove up his contentions about the proper amount owing)Marie L. Osuna, Child Support Representative,was involved in the process of clearing up the accounting problem, and may have been involved in earlier aspects. The supervisor to Marie Osuna advised Todd Davidson that his account was not under review, and that any request to review would have to be made in writing. Todd Davidson was previously and wrongfully informed that the legal status of the account was that it was under review based on his phone discussion with Donna and other County employees (names unknown). Another possible subordinate official is F.Au, Child Support Representative. The involved case was entitled: Debra L. Davidson vs. Todd Davidson, Contra Costa County Department of Child Support Services,Case No 715554A. On December 7,2001, the Contra Costa County, Department of Child Support Services committed the torts of wrongful levy of a bank account, abuse of process, malicious prosecution,conversion,violations of the California State Dept Collection Practices Law and the Federal Fair Debt Collection Practices Act, 15 USC Section 1962 et seq, by removing the incorrect sum of$3244.41 from his personal bank account as and for alleged past due child support to his previous wife,Debra L. Davidson. The levy was wrongful in that the true amount owed by ToddDavidson for child support was the amount of approximately $903.02, or other amount substantially less than the $3244.41 that was removed and levied from Todd Davidson's account. The difference in contentions about the amount owed arose because for a period of time during July 2000 to December 2400. Later, during January, 2002,the County finally agreed with Todd Davidson's contentions, and replaced all but 1251 of the funds initially levied upon. On October 25,2001, Todd Davidson had entered into payment arrangements for monthly payments in the amount of$467.00 to cover current and past due child support. The purpose of the payment arrangement was to have a monthly amount in excess of the amount ordered, so that some of the payment would go toward paying off whatever past due amount turned out to be the right number. Pending the analysis of the accounting issues, the County asked, and Davidson agreed, that he could pay $467 per month. So long as Mr. Davidson made the monthly payments, the County was to forgo other support enforcement mechanisms. 3 During July, 19,2001,the County wrongfully caused Todd Davidson's Bureau of Automotive Repairs (BAR) license to go from an annual license to a temporary license status,pending suspension proceedings unless the child support balances were paid.This was a wrongful act in that it was based on the wrong amounts due and owing. After receipt of the first payment of$467 on the October 25, 2001, the County on November 9,2001 sent out a release on the temporary status of Todd Davidson's Bureau of Automotive Repairs (BAR) License for operating a auto repair shop. On November 13, 2001,the County wrongfully levied, intercepted, and converted a $500 State Tax Refund that was the property of Todd Davidson. The taking of those funds was also a'breach of the payment arrangement made on October 25, 2001. That money was permanently kept by the County and never returned to Todd'Davidson. Taking the refund constitutes the torts of wrongful levy,wrongful interception,conversion, and violation of the California State Dept Collection Practices Law and the Federal Fair Debt Collection Practices Act, 15 USC Section 1962 et seq. During the period continuously from August, 2001 through to December 24,2001, the County violated debt collection practices law by communicating to Todd Davidson incorrect amounts owing, and by falsly stating other amounts were owing, and by misrepresenting the legal status of debts (in particular, making a payment arrangement during October 25,2001) but continuing with various levies even though there was a payment arrangement that was to stop the levies; and for misrepresenting the legal status of account review, in that Donna On November 19, 2001,the County wrongfully levied, intercepted, and converted a $429.00 Federal Tax Refund that was the property of Todd Davidson. The taking of those funds was also a breach of the payment arrangement made on October 25, 2001. That money was permanently kept by the County and never returned to Todd Davidson.Taking the Federal Tax refund constitutes the torts of wrongful levy,wrongful interception, conversion,and violation of the California State Dept Collection Practices Law and the Federal Fair Debt Collection Practices Act, 15 USC Section 1962 et seq. Davidson was fully complying with the monthly payment arrangement, and nevertheless received a notice of levy on his bank account. During August - December 24,2001, the County sent out numerous incorrect verbal and written communications to Todd: Davidson and other third'parties (BAR,IRS, State Franchise Tax Board,Bank of America, Debra Davidson, and customers of Todd Davidson) concerning the debt and falsely stating the amount due. 4 During August-December 24, 2001 Donna and'others falsely represented the legal status of the debt, by stating that the account was under review by the County when in fact it wasn't under review, and by falsely stating that so long as he kept up on his part of the payment arrangements made during October 25,2001,that no further enforcement mechanisms (levies, tax refund intercepts, etc)would occur. In fact, the County was busy'invoking the full garnet of enforcement mechanisms, a fact concealed by the county. On August 15,2001 through to the present, as an ongoing tort,the County has refused to properly update its accounting to remove the amount of a lien on all of Todd Davidsons personal property. On August 15, 2001 through to the present, as an ongoing tort, the County has refused to properly update its accounting to remove the negative information on Todd Davidson's credit record and credit report. 4. Further Communications. Any further correspondence on this claim should be sent to Claimants counsel, at the following address: Herman Franck, Esq. Law Offices of Herman Franck 926 J Street, Suite 1011 Sacramento,CA 95814 Tel. 916 447 8400; Fax 916 447 0720 Respectfully Submitted, Herman Franck, Esq. Attorney for Claimant Todd Davidson 5 CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY BOARD ACTION March 12 2002 — _-- Claim Against the County, or District Governed by ) the Board of Supervisors,Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section references are to ) The copy of this document mailed to you is your California Government Codes. notice of the action taken on your claim by the Board of Supervisors. (Paragraph IV below), given Pursuant to Government Code Section913 and FEB 2 0 2002 915.4. Please note all "Warnings". AMOUNT: $694.41 COUNTY COUNSEL MARTINEZ CALIF. CLAIMANT: Co. Co.. Co. Schools Insurance Group ATTORNEY: DATE RECEIVED: February 14 2002 ADDRESS: 3478 Buskirk Ave#333 BY DELIVERY TO CLERK ON: February 14, 2002 Pleasant Hill, CA 94523 BY MAIL POSTMARKED: February 13.2002 1. FROM Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. JOHN SWEE Wr k�Dated: FebruaryI5, 2002 By: Deputy . II. FROM: County Counsel' TO: Clerk of the Board'of Supervisors (This claim complies substantially with Sections 910 and 910.2. ( ) This Claim FAILS to comply substantially with Sections'910 and 910.2, and we are so notifying claimant.The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim(Section 911.3). { ) Other: Dated Deputy Count CounselC &L" y III. FROM: Clerk of th Board TO: S(unt�ounsel(1)' County Administrator(2) Claim was returned as untimely with ce 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:f^ i ,n ",``l� �a ana JOHN SWEETEN, CLERK, By � +NTT 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 MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez,California,postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the clai ant as shown above. Dated: ° JOHN SWEETEN,CLERK �r ' � �t Deputy Clerk '. �i i,:I'2 llii�ti;!: !:: ;ii: i:iiii .�.�i:����ll�l�;��::!�i���!��:��i���:�ii to � 1��:!!�;:�: :!i!:�jj�::�i:;:�:: i; �:i!::::'i!!:�� j�:�!� QqcRip i"earary y 111i .� T�1�i [:i - ���l���:;����i�!i!�i��!��i��!���!:�l��; TWOUNI � III!to!i��I:iiII;i� � ii'�:������i;��i;i��i i�i��I ? TA il Conti 0t�s# �ountr Sheriff's rept. �� tttnirK of tie ioaci C)U NTS X51 tin Stmt,first i^ir�or Rig �mlc�yieryi bias �B �€irk Ave.,su �mpir: Sari ramc # iiet i tnifi>rct SG311,Ci isit Fi088 irst HiiifA 95it, Gate cif injurer, i ?11 # qt i ii}i� - 74i) Maim fiurr�b r: t3i3 soonCiitns F �9 } Y7MIi34 Adrnn i'ax{ii_9 _1 2 rs arrd Ntatlarts: ►ans urn€air a ara the V1lriers'Ccr�tprsatic�r Acitiistratots fc�r the abode captc�rted chooi district hQ� s ,a� rsr rise�sr�urec innccidant resuitrrg frttr �e €ssibie negiiencef y€�ur rrsur do I ii rrror�u , 1tl#1 #tai,at about 3rr�,a music leacher by the name of Gheryi Yeei s*a iead�r a coor ii iomang grace t ©anuiis end sustarred partial hearing Iss uuhn ,cl€ e11rarga siren bisst f TWIRWAi €�n:of the iatrc�l Gera wttie� n�riiie Piicce �+ paer�tI.;with tteWWI partialtCatQ nurxber e e�v�d�€inion 9g'i 69$ i er`har d gives tou hcrrg the Setrr� gar's side whin the siren blast l ent off h�t�l bis�riet t u nct t roquast wag ailed ani attai7ici� for your revieva, iyra�n�lnniiiI ii: sc � c�ir� t3csabcicy and medical beneftssursuant ted tiro Wri�ers't✓ornpnsatr iars t�f the Mate of cnsr� [�asErict cal ornia arest i�ducaticsna Cade are btrc pcvitlad;and you are Hereby notifisd that gra subrogtt#ng for rewomrrnbirrsrrrrct to tine�Iiili:iexteIFI=Mwnt of sictr payments. iit"94�9 �OritITItIT1r'[�t W 00 :►: ii tli§trict fur nets of serviii ubrogation art set forth in Lebor Gracie Sections 36 E thio 38 4. 'ie so be aware rttrasc�county 1 C85 (b}indrtMOMes that �Ar�:rrcpieyee may stttl�ansFii�a Ieiaas�arty claim#e mey he athirst � ii �rfiiP tiff l� O �Iil ti�rrd patty�Ult�tlilt the consent of the el rt�ti��+er, SuIi:ici�AWP.' r�ettt c►r�eleas4�n�ii,ba subject to b +� ani#inti $aMni yet"s right i P��rd t4 recc a ct mrprensattoniiiiiiiiiiitte i as acd in elCtio200.�ttfertCe witvm h ch� ilistrict ctiart385 ." Kn glasenhaal ti[�irict C3ur beift e�trlditures tt3 t�; te c1r . L�fa"Cul�t�o1 bis3rrci t3tllperission 7i ,t7f� L.. Unto igra si�oal t�rstit metlitai 2�i 4 i Nliinz ileriecE s i,r r r�i r� Ile anticipate further a tpenditures r i iii update you a;cc rdirtc iy, Wi ii�— iiirtsraga sci taisrit Pi!i 01,ieesaontt me at59i if 0119 tyeru ha�+e any graestians or recaire attdrtianai.!�!T!77�i��::Ii:ii:F mi:� ; I�,_I;;�I�;:'�ii;�i' S_ii�i'_� irrforrratiorr. 1� ;,:i _ oneWRINS IMMAPP �i yl!II!:p�i!Ijij:�!iii � :!: 1;':�!� �i�!�i�i:!I i�i�::;I� -i- i� d92VA i!i:! t� �� '�i1iy4:I:i!i;:I�ii;ij z� ! � :ii IT!: I:z Fi:� : ii�i Mr Cl it� lariii�iliii guiNcom,1WIP5 I Li Ittrritrict '!:!�i i [C1t» i:�Ii i �������!:��!������!������:�����i���i��i� ii:p0i:! i�i:iill!�i: �!:I;;ii i,:�;Iii�: iti ; !I .. ',':iitiii:ii�iiiIi;is,.11§:1 KINTSIMPr , Wi !:I;�I��i� � !ii; '��I��ii;:��i�i�� � 4 � � I!, �iltiiii:� : i� �iii�!ii�:I;�ii j:y ii��';Ii [l�kty llcr "I Imn" , � � Y J�!I, � �; � A �i������������!l�������!!������i�����:��� ANTAWSP PAPOW �:��ii�:�i! distam� nolovi �i _ n oht7]I tristneiII: !many 0011 jyja in",Qqloy ,liq1 ON 011 �—- __-is i:19 �91105miz--i�?,!� � I����; l� ;�I: -SA,Q &Idbj Ibist 4 Pitts6uritl licqueihe iC. iiaiiey, � 101VIOROXNallsomin! !i � soh tal tlis rret veil. Cia rns Eatarr�iner ari Rech �Juria�y tnie � r���rr$ r h. ieyncaiis, Circrt Cttarcicr<ator rarnt crit c�€ug nr 11111F �i� heryi Mass yi�voloviciamm cu�ttre dusts rn€f€ed Scr�pur©istr€t t1TA 'C�1�T'A Err� rlt t�►b�: '�i.�airrflle,aai�� rig Wall 111�11 Q 1110111 illy!vjjmxew� own A WE �l�car Errt2: "".110 yow"mny Yang Rooms H.41 RV plcyee; l cerylls l rrplayer: a Raman plrtfiecllt�cl litriat 347$ tkirk Aye. u t3ate t5 lnutr: 1 # � 1 Plant laill,;CA 945 Clrrn l�lurr►br: t34 §11 Zan 14 1 �5�9 �= 7�ICl Geis d A min:i ax{9 4 3 i att l lU ad m , All e are ecrrkersYarnprksatrarcrnlnlarattat far the abaue ca� lan� sal�c�litriatae A� i�r�as Uni€�n�i�� �rrtplay�e was;injured in ars��l�et rsu�tln��rt� t tl�e asll�le rr�gli �r" c►f ya�r;n�rarac3. Qrr ,��i llistrict f3 1311;1 f at ai?atat 3.1f .rn. 1�r1tC Taaser by tle namef Cheryl' las waS leedlrg a Arttch:.U:tifi9� l arrrecdrnrric paraden [3rtllle ani sustained prl� l h; erlrig l Wrs-yr a Cls�s car ge srrn klat s �t ist€i t cif ani f yaur pafral carp with the artsal plate rtuinber; 1 �fly. Heir hb d to aching the ural ads siw�ie wl��r�the siren blast went ofF. Brer�twa�€�ttni�n S�hnn!U€strict „I tS W. tl t and r #aal i nef is pursuant tai the 11010 ars' mp nsatic rr lawn of tl�e Ye of ��€��4lnfun Caltfarnre�r�Cltlte�t3Cati��C�l+�ad�;ate bung p�t�urdedan�l you are hereby �vtifiet that �are 5cl��ci C►i�t�ict sul�re�gat�ng fai°rerrr�burser�nt t�the� te�rt of such parnent , Canyon Schrtnl at€ict Cour rght' of s rbc rgatran are set far th rr Labar fade ctlar�s 38511 tt ru , bla se be aware contra Cfltm€nnity 8 ( rnrCtes tl�et"Ai[ernpl �yi rray s+sfie snd lean ar,y pfairrt mayae agint € a°ir�t thud party wiisut the aat of the employer, uah eleirnir�t ter ries shell be suk►eai + �ot€a coac€ nty the ertoyer'a rlt# proc+sHAW +�d t rtter cnrnperrta Elie lr aaM In aaat�rciarc, wftta �Jff�ce cf�ciuC&tiCir€ ��lrl��t�$��Y�r Tons 106i�l Jtkhrt �nrett n€id 5chr�€t Q� triet tlf ber€flt 8per�dltur�t€�date arsMOT : AS rrrhtsan eagiitriet Carr�p;nsat�t� ?�.t7t1 lafay�ttc�ettr€c�l 17i�trict leclical �4�'5�� MOND- TOM!! iON 17chooi strict:UVe antleripate furtt er xpertdittares rtd vuill update yqu i am�sI:ardirrgly, a€rirtez u #lad Sch�ci risri�t Please cc�ntac#rite at{35}94AP - if y€� t laery quetian�ar require adtlitit�r►al itfc�rrnatian. 1Utcrga Bch€-oi 04440 Wish irtceEW WERMS one Vit.IatEa lnifiad ZT KAM Scit�i�l Qisttict t3 IN Etr[i�r} �ch0a!t]7st€€ct ." in lrixrtla1nn ScrroMAN et g u f dine MI K, lley, r Glans lv��rirter iT �'izts�ua�ll�r€iar! ehaaPS3istr�ct � Ryn+ lds, Glalm Goc�rtiinetc�r 5 aamcrn 11licqism [r€€fret]uCrI�E[iit€i Ct ; heyl tela +yarn t allot;v N RAS Ft Car�tra: sta "jQj TAP go �eh�M€ict CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY BOARD ACTION: March 12, 2002 Claim Against the County, or District Governed by the Berard of Supervisors; Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section references are to ) The copy of this document mailed to you is your California Government Codes. ) notice of the action taken on your claim by the Board of Supervisors. (Paragraph IV below), given aaPursuant to Government Code Section 913 and 915.4. Please note all"Warnings". I!EB � 2 2002 AMOUNT: $25,000 COUNTYCOUNSEL MARTINEZ CALIF. CLAIMANT: Christopher Simpson ATTORNEY: Robbins,'Dang tt& Scharlach DATE RECEIVED: February 22 2002 ADDRESS: 350 Frank H. Ogawa PI 11`h Fl BY DELIVERY TO CLERK,ON FebruM 22, 2002 Oakland, CA ;94612 BY MAIL POSTMARKED:Hand delivered I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim, JOHN SW Dated: February 22, 2002 By. Depu II. FROM: County Counsel TO: Clerk of the Board of Supervisofs This claim compliessubstantially 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). O Other: Dated: c , ' + 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: AA 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, kU"lTL\ JOHN SWEETEN, CLERK, By � � �� �- �- ; Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six(6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6.You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For Additional`Warning See Reverse Side of This Notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States,over age 18; and that today I deposited in the United States Postal Service in Martinez, California,postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant'as shown above. Dated: JOHN SWEETEN,CLERK By v Deputy Clerk G'ontra Costa CountyFire Protection District 0 Fire Chief c« E1 KEITH RICHTER February 21, 2002 Y G FEB 2 200 TO: Gina Martin, Chief Clerk of the Board of Supervisors CLERK BOARD 0; SUPERVfsC}R3 CONTRA Cf3S CA Co. FROM: Mike George, Chief of Administrative Services SUBJECT: Notice of Claim Christopher Simpson vs. Contra Costa County fire District, its Officers, Agents and Employees Please find enclosed a "Notice of Claim" against the Contra Costa County Fire District, its Officers, Agents and'Employees by a Christopher Simpson, the claimant. This notice regards an accident which occurredon January 15, 2002, involving a District pickup truck and a vary. The claimant was a passenger in the van. For your information, the County Risk Management Division has been provided with the accident report and related information. l am enclosing a copy of what was sent to Risk Management for your ready reference. Please handle this "Notice of Claim" on our behalf. Enclosures L):SRMGRSIMHG\GINAIw4ART.202�w ❑ 2010 GEARY ROAD - PLEASANT HILL, CALIFORNIA 94523-4694 - TELEPHONE (925) 930-5500 - FAX 930-5592 ❑ 4527 DEERFIELD DRIVE - ANTIOCH, CALIFORNIA 94509 - TELEPHONE (925)757-1303 - FAX 754-8852 ❑ WEST COUNTY AREA - TELEPHONE(510)374-7070 I NOTICE OF CLAIM Ti 2 TO: THE CONTRA COSTA COUNTY FIRE DISTRICT, its OFFICERS, AGENTS, and 3;.EMPLOYEES: 4 PLEASE TAKE NOTICE that CHRISTOPHER SIMPSON claims against the 51 CONTRA COSTA COUNTY FIRE DISTRICT, its OFFICERS, AGENTS and 6' 7°EMPLOYEES, for personal injuries, medical expenses and general damages sustained by said CHRISTOPHER SIMPSON, by reason of personal injuries received b him and in x 8 p J Y , U a9 support thereof the claimant states: W 0 10 1. The name and address of claimant: CHRISTOPHER SIMPSON 2426 �Z Qom 0 N1! a=N 11 McGee, 42, Berkeley, CA 94703. a�Q^nro�3I 0F<-"tN }2! P U 0 0 .� 2. The name and address of claimant's attorneys: ROBBINS, DANGOTT& 01,xo"Qa Z 0 a Zm d;SCHARLACH 350 Frank H. Ogawa Plaza 11 th Floor Oakland California 94612. All Zm�Q on ld � � g > W, ,<aYQ r�^0. p f 15 notices of denial or acceptance of this claim should be mailed to said attorneys. u/Q Pl WO 3 H 16 3. The claim of CHRISTOPHER SIMPSON is for negligence against the Ii 0 17 ICONTRA COSTA COUNTY FIRE DISTRICT, its OFFICERS, AGENTS and 18 19 EMPLOYEES, and others, as hereinafter set forth below: 2011 (a) That on January 15, 2002, approximately 11:25 a.m., claimant was a ij 21 (!passenger in a vehicle driven by Anthony Michael Crimmins, whose vehicle was struck 22 from behind b a vehicle driven b Kod Willi � Y y y am Kerwin, and owned by Contra Costa 23 � I�County Fire District, who inattentively, negligently and carelessly drove at an unsafe speed 2411 25failing to stop in time to traffic to his front, striking the vehicle to his front driven by Mr. 26 Crimmins,proximately causing injury and damages to CHRISTOPHER SIMPSON, who 1 f Simpson vs. Contra Costa County Fire District et al i� Ii was a passenger in Mr. Crimmins' vehicle. That the CONTRA COSTA COUNTY FIRE tDISTRICT, KODY WILLIAM KERWIN, its OFFICERS, AGENTS, and EMPLOYEES, 2 j and others, negligently and carelessly failed to take the proper precautions in driving said 3 CONTRA COSTA COUNTY FIRE DISTRICT vehicle. Ai y� 5I1 (b) The claimant has sustained initial injuries to his left shoulder. The extent of 6 injuries sustained by claimant are unknown at this time. 7' (c) The accident as aforesaid, and the injuries alleged herein, were caused by the E x � negligence and carelessness of the Kody William Kerwin and CONTRA COSTA COUNTY 9:1 10 FIRE DISTRICT, its OFFICERS, AGENTS and EMPLOYEES, who failed to take the x o ° proper precautions in driving said vehicle. UE JwN � (d) Claimant was forced to undergo medical treatment and pay for medical 12i= d .W" �IbOZ4... I W=51J a t 3 expenses as a result of the carelessness and negligence of Kody William Kerwin and the (, 2zx5Uo Za40aa ld .-k x <` ;CONTRA COSTA COUNTY FIRE DISTRICT, its OFFICERS,AGENTS and dJ Aa 10i-d `"0w o 16 EMPLOYEES. The exact amount of the medical expenses incurred are unknown at this H 17 1time. 0 18�I (e) By reason of the foregoing, claimant has been generally damaged in the 4 - i 191 ' amount of TWENTY FIVE THOUSAND DOLLARS ($25,000.00),plus medical specials. 20 Dated: February 11, 2002 ROBBINS, DANGOTT& SCHARLACH 21 22 BY: Attorneys for Claimant 23�� Paul Robbins, y , I' 2d CHRISTOPHER SIMPSON 25 f 261 2 ,Simpson vs. Contra Costa County Fire District, et al. it PROOF OF SERVICE BY MAIL 1 � 21 I, Emma Lim,the undersigned, declare as follows: 3�1 1 am a citizen of the United States, over the age of eighteen years and not a party to .,I the within-entitled action. My business address is350 Frank H. Ogawa Plaza, 11th Floor, d. Oakland, California 94612. 5, I served by the mail the following document(s): NOTICE OF CLAIM, by enclosing 6f }1 a true copy of the document in an envelope, addressed as follows: 7i CONTRA COSTA COUNTY FIRE DISTRICT 8 ,2951 TREAT BOULEVARD x CONCORD, CA 94518 0 9 I then sealed said envelope and deposited it with postage therein fully prepaid in the � 1Q x o k o 0 United States mail at Oakland, California. z N 11 I declare under penalty of perjury and under the laws of the State of California that 12 ' o e 'the foregoing is true and correct. �,a z 13 JW Z i_9 u EXECUTED this 1/th day of' ter , attl ifornia. Got ,0 Y q r'y/ '� Z:.adMmOIA !� a<�X<V J By: iL a�< 15 EM IM d moo I 3 16 a 17 181 i 14� 20 � 2111.1 221 23 2d 4 25 , 26 � 3 Simpson vs. Contra Costa County Fire District, et at. it Contra Costa County Fire Protection District Fire Chief KEITH RICHTER February 12, 2002 TO: Risk Management Division Attn: Sharon Hymes-Offord, Assistant Risk Mana er FROM: Mike George, Chief of Administrative Services 4 v' SUBJECT: Accident on January 15, 2002/Payment of Invoice This is to inform you that a District pickup truck was involved in an accident on January 15, 2002. While our pickup was traveling on the highway, our driver noticed large and small boxes on the read. Vehicles started to swerve and slow down to avoid hitting the boxes. The van our pick- up was following stopped suddenly to avoid another vehicle that had cut in front of van, and our pickup hit the van from behind. There apparently was no damage to the van;our pickup sustained moderate damage to its front. Our pickup has been repaired by Precision Paint& Collision. Please pay the enclosed invoice in the amount of$1,735.07 at your earliest convenience. At this time we have been unable to get a copy of the police report. We have not heard from the owner of the van and may not since there was apparently no damage to the van. Please find enclosed the accident report, the invoice`to be paid,a related memo and two(2) pictures of our pickup, Enclosures WSRMGRS\MHGXRSKMGT2.2021 w x 20tO GEARY ROAD+ PLEASANT HILL,CALIrOR141^942523-4694+ TELEPHONE(9225)930-5300* FAX 930.5592 ❑ 4327 DEERF2ELD otIVE+"ANTIOCH,CALIFORNIA 04509 *TELKPHONE (9225)7257-11303 + FAX 7254-88152 ❑ wE3T COUNTY AREA +'ti"ELEPHONE (25110)374-7070 VEHICLE ACDEITtEPlFT MATE:` TIME: 1/'tri ACCIDENT LOCATIC)N: VEHICLE I UIPMENT NO.: LIC. PLATE NO.: VEHICLE KEfr PE: COUIUTY le"CLE.- Q ER ORD/99 DRIVER INFORMATION' DRIVER INFoRMATIO(V' NAME NAME DEPARTMENT F HOME ADDRESS HOME ADDRESS - '•x `.fl �"�� ' NOME PH�3NE# HOME PHONE# 7 SIC! %4. WORK PHONE# WORK PHONE# -i-:w -!>s533 DRIVER'S LICENSES# DRIVER'S LICENSES# 'b i gfio VEHICLE INFORMATION: IF PER ►NAL OR ENTAL VEHICLE: YEAR: MAKE: Pew,} MODEL. NAME AND ADDRESS OF AGENT REGISTERED OWNER ADDRESS PHONE#OF AGENT: PHONE POLICE REPORT TAKEN ESO NO WORK PHONE POLICE DEPARTMENT .4 sc,.3f4i LICENSE PLATE# OFFICER'S NAME' .Z• INSURANCE INFORMATION:' OFFICER'S'BADGE# q jai` I COMPANY . ADDRESS LIST INJURED PERSONS: - POLICY NAME AGENT: ADDRESS NAME PHONE# PHONE# WITNESS INFORMATION: NAME NAME ADDRESS ADDRESS PHONE# PHONE# NAME NAME ADDRESS ADDRESS PHONE# PHONE# NAME NAME ADDRESS ADDRESS PHONE# PHONE SEAT BELT WORN BY COUNTY DRIVER?: q YES 0 NO SEAT BELT WORN BY PASSENGERS"?: 0 YES 0 NO DAMAGE TO COUNTY VEHICLE: L:: DAMAGE TO OTHER VEHICLE PREPARE ASKETCH OF THE ACCIDENT'SCENE: (indicate direction, strut names, traffic signs, landmarks, etc...) 'i. NUMBER VEHICLES; Slow direction of travel by arrows; indicate which is County vehicle — 2 2. Show path before accident with solid line. -------- 3. Show path after accident with broken line. ........,. 4. Show pedestrians by 5. Show railroad tracks by +++f+++++ DESCRIBE HOW THE ACCIDENT OCCURRED.(include approximate speeds of vehicles involved, whether any parties appeared to be intoxicated, etc... Add another page if necessary.) �I: t�/IYIt' ` LSC»; C+�Jf 4�'►1 c _ YIGrCTC L" " Lf•G:c�G/ 'f b6d -s 744 YJ 10 SUPERVISOR'S INVESTIGATION��� / �'/i-� !'t t{ t�.0�j A 7 Ac �t L `�, i c-h.) 1�r.To Y'j V EHI�L 4r+r�� ,1,��v ? ACCIDENT REVIEW FINDING. PREVENTABLE 0 NOT PREVENTABLE U► ACCIDENT REVIEW RECOMMENDATION. Employee Signature.:- Supervisor's Signa ure: Cate. 01 /0 Date; SEND THE ORIGIN L TO RISK MANAGEMENT AND RETAIN A COPY OR ISEPARTMENT RECORDS. IMMEDIATELY TELEPHONE RISK MANAGEMENT,TELEPHONE NUMBER 335-1440 To: Brent Finster Communications Manager r, From: Kody Kerwin Telecommunications Specialist Date: '01/1811 Ref: Accident Report Memo As you know,'I was involved in an auto accident on Interstate I-80 & I-580 interchange on January 15,2002, 1 was enroute to station 70 to repair a cell phone for the medics when I noticed 2 large boxes and multiple smaller boxes on the road.Traffic started to swerve to miss hitting the boxes in which created multiple cars to slow down.The van in which I was fallowing did not swerve but stopped suddenly to miss another vehicle that had cut in front of him and in turn I hit the van. We were initially wing approx 50—55 mph and at impact,we were going approx 25-30 mph. We both safely moved our vehicles out of traffic and onto the shoulder of the Interstate. I ,got out and verified there were no injuries and to look at the damage.There was no damage to the white van because I went under his bumper.The` only damage I noticed was the broken grill,broken left front headlight and scratches on the front bumper. I called the communications center to advise them that I was involved in a non-injury accident and to advise CHP. I also talked to Chief Argo on the Nextel and gave a brief size-up of what had happened. I also called Armando Vasquez to advise him and to find out what needed to be done`with'the vehicle,and advised him that there were no insurance cards in the vehicle. I also called Brent Finster, the Communications Manager who just left on vacation, to advise him of the accident. CHP was on scene with in 20' minutes. and took the report and advised I could get a copy of the accident report in 3=5 days. Kody N\'. Kerwin AJMAL PRECISION PAINT & COLLISIO*. y 1932 Arnold Industrial Phice Concord,CA 9452E1 4 ' ' 925-609-8585; Fax 925-609-9407 ' 408-00228517 Invoice # 15207 Prepared on: 1/23102., Printed: 01129102 14:32:00 By:Marcos Magdateno Pagel FIRE DISTRICT CONTRA COSTA 2001 Ford 2951 TREAT BLVD. Pickup F150 Style: CONCORD, CA 94518 Calor:white Code: Home: Mites: Lic 1097938 Work: 9256872010 VIN: 1 FTRW07W81 KA91931 Insurance Company Information: CONTRA COSTA FIRE DISTRICT Contact: Autho.ByArmando 2951 TREAT BLVD. CONCORD! CA 94518 Phone: Policy##: Claim#.11206 DOL Deductible: 0.00 6P_ Descri lean T ePrice Latxor Add"t; T e Paint Add' Overhaul ERT BUMPER ASSY 15' Body Rernove/Replace FRT BUMPER FACE BAR New 310.00 Body s1 Remove/Replace FRT BUMPER VALANCE PANEL New 92.67 Body sl Remove/Replace FRT BUMPER PAD New 93.00 Body Remove/Reptace R FRT BUMPER PLATE New 11.43 Body Remove/Reptace 1 FRT BUMPER PLATE New 11.43 Body Remove/Replace GRILLE'' New 277.57 Body Remove/Replace GRILLE OPENING New 142.80 2.0 Body REINFORCEMENT ChecklAdjust HEADLAMPS 0:4 Body Remove/Replace R K"MP ASSEMBLY New 160.00 0.1 Body Repair ALIGN FRONT FENDERS Existing 1.0 Body Repair OPEN FOR ADDITIONAL Existing Body DAMAGE......,.«_ .�. Additional Labor EXPLANATION REQUEST Remove/Replace L H/LAMP ASSEMBLY New 160.00 0r i Body 1 Repair OPEN FOR ADDITIONAL Existing Body DAMAGE........."` 1 Additional labor EXPLANATION REQUEST Existing 1 Additional Labor INC.SEI'UP AND REPAIR GRILL Existing SUPPORT BRA 1 Repair OPEN FOR ADDITIONAL Existing Body DAMAGE...».t.:.... 1 Additional Labor EXPLANATION REQUEST 1 Repair OPEN FOR ADDITIONAL Existing Body E)AMAGE—�** 1 Additional Labor EXPLANATION REQUEST Existing s1 Repair COOLING RADIATOR SUPPORT Existing 2.0 Body 1 Additional Labor INC.SET UP AND REPAIR GRILL Existing SUPPORT SRA 1 Repair OPEN FOR ADDITIONAL Existing Body DAMAGE.— I AMAGE..,......,.1 Additionat`Labor EXPLANATION REQUEST Remove/Replace RIVETS New 2.87 Body .x (C)Copyright 1998-1999'AN Rights Reserved: PRECISION FAINT & COLLISION AAL 1932 Arnold Industrial Place Concord, CA 94520 925-609--8585;Fax 925-609-9407 68-0022850 Invoice # 15247 Prepared on: 1123/02 Printed: 01129/02 14:32:00 By:Marcos Magdaleno Page-2 Customer information; Vehicle information: FIRE DISTRICT CONTRA COSTA 2001 Ford 2951 TREAT BLVD. Pickup F150 Style. CONCORD, CA 9451$ Color white Code Home: Miles: Lift: 1097938 Work: 9256872010 VIN: 1 FTRW07W81 KA91931 Insurance company Information: CONTRA COSTA FIRE DISTRICT Contact: Auden.By Armando 2951 TREAT BLVD. CONCORD CA 94518 Phone: PolicY i� Claim##206 DOL Deductible: 0:00 op Bescri'tion Type Price tabor Add`I T Paint Add' Description: R.Q.» Su Total: Parts" 1280.62 -18.85 1261.77 Body 265.20 104.00 369.20 Refirh Mechanic Frame GlasstDete Body Paint Materials Shop Supplies Haz.Waste Removal Sublet Sublet(Non-Taxable) Towing&Storage Miscellaneous Sub Total; 1630.97 Sales Tax 105.65; -1.56 104.10 Grand Total 1651.47 83.60 1735.07 Thank you. We appreciate serving you.I `It note Deductible: 0.00 Adjustments: on my records that everything;is satisfactory and Customer Pay; 0.00 that we can expect payment on February 11; Net Total: 1735.07 2002 ACCOUNTS RFCI-IVABLE y -0 (e)Copyright 1'998-1999,Alt bights Reserved. ff-�e a t a. r r� �� -. �� �.. � :, ~� f �` 'Cc �► '� .��,. „C .. �. ".. l it � �� ''. a ° J `� r ?! .. .,� �. f '{ Contra Costa County Fire Protection District Fire Chief KEITH RICHTER February 21, 2002 TO: Risk Management Division Attn: Sharon Hymes-Offord, Assistant Risk ManagQr FROM: Mike George, Chief of Administrative Services 4; SUBJECT: Police Report Regarding Accident on January 15, 2002 Reference is made to my February 12, 2002, memo and enclosures to you advising of an accident on January 15, 2002, involving a District pickup truck and a van. In connection with this accident, please find enclosed the police report. Enclosure U ASRMGRS WIH"SKMGT4.202yw ❑ 2010 GEARY ROAD - PLEASANT HILL, CALIFORNIA 94523-4694 - TELEPHONE (925)'930-5500 - FAX 930.1-5592 ❑ 4527 03EERFt£LD DRIVE - ANTIOCH,CALIFORNIA 94509 - TELEPHONE (925)757-1303 - FAX 754-8852. WEST COUNTY AREA- TELEPHONE:(510) 374-7070 ,TE-OF CALIFORNIA A IC COLLISION OPI(REPORT 1p Poet(FteV- Paplr o! j ,:LAL COHDL ,,, : �', „IL kw "JUDICIAL DISTRICT LOCAL REPORT NUMOM L 1 c t+u4lMMU" WS" MINTY f RePowto4a DISTRICT BEAT ".01 218 - i CO"K74OCCURRED-ON MO. :DAY YEAR TBS 0400 NcIC/ 'o-mm t.p 0 l 15 02 /1.2 9.370 };}/ MILE P08T INP'ORMrA� �" y �..y /� /' DAY OF WEEK TOWAWAY PHOTOORAPHS SY: ©.NONE ? LAT 7 30 FEET OF l7 0�v+c. +7 r 4 S M O W T F S 0 YE$ NO TERSECTION VATtI STATE ONY REE ( FEETAi1LR1 a` 6-ILM+A'7'AI '.. '' YES NO.. TY DRtVERSLsCEliSENUMSER STATE JCLASS ISAFETY: vEH YEARMWCFItr.O,OR UCENSENUMBER STATE C4 c EA NAME(FJRST,ANDDJ.E LAST) - y � � l A) 0 1 NAME �F SAME AS DRIVER �y BTWEE�fyADORE C..�L}+F+'f- f �� G f .J c�C `► I��F` f� ,z OWNERS AOMSS 20151 �� �� SAME A��S DRIVER U) CITYISTATEMP e. 4 /Q 92517r, :. Orve NCtE[7FtommkSOF: # El OFFICER p DRIVER Fj OTNEFt a : ax }WR YES HE K3 a v4CJ ow BMTHOATE RACE {�l 8 F �. 1� t Mc. rur y�Ec�+waIr,ALtierwya NOt APPARENT --cTimmmimmim A:':How PHONE j.- ' BUSINESS PHONE VEHICLE:IDENTIFICATION NUM9EPt CHP WE ONLY DEHCRIBE VEHICLE DAMAGE SMADE MOAMAGMAIMA:'. .. INSURANCE;CARRIER POLICY NUMBER VEHICLE TYPE 1-1 UW EJNONE 'OMINOR �d ff ~4 Z ' ElMOD. &_!"ORE]ROIL-OVER OF TRAVEL ON STREETyOR NK3tiNiAY : SPEED UW CA DOT 1 CAL-T TY DWVER`S�y-L10ENsmNUMEER.i' STATE CLAW J&= k+E t vaAft LICOM M ANK STATE t'�RSY:AMDDLIL JJLS'A l ✓�,n m i OWNEt S NAME SAME AS DRIVER I. STREETADORESB sv-m C o—rw /--vc-C I t t l-!� 5 Y` OVWNE"ADDRESS SAME AS DRIVER "l 'h�i�► 0'CMWATMW -C f31 3 r, I 0R { At4 CA _ t`19,0SPOSRKkLOFVEHICLE ONORDERS OF: 11 OFFICER' DRIVER o R SEX IKAIR EYES'` 1�/' MIGHT B1RTHOATE RACE •" � 6p 40 1 ;SJ � J YP UJ Oft"MECHANtCA OMOTs: NOt�APPmm REFEftTONAR is it HOME PHOW H j BUSINESS PHONE - VSICLE:IDENfIFMATK MANIER: ,51 o" j^" "� (-» CHP USE ONLY DESCRIBE VENOM DAMADE SHAMINWAIAOSDARMA 0MURANCE CARRIER POUCY MAMM VEHICLE TYE Fl UNKQNONE o mom 712 t I r 400 mon, mmol t, ROTI-OVER Dtlt OF TRAVEL ON BtuLrr oft INlaHINAY SPEED tMET CA DOT 'r- CAL-T TCIPNSfS MC Y N DRtVWB LICENSE NU~ STATE DLASS 7 SAFETY VEIi.YEAR MA E MODELICOLOR UCENSB NUMMM 'STATE EAPE" NAME(FIRST.AUDDYE,LAS'n DLANEAS NAME SAME AS DRIVER � STREET.ADDRE88.. L O404ER`tt ADDRESS O SAME AS DRIVER �.'.CtM71TATE/ZIP'. DISPOSITION OF VEHICLE ON ORDERS Of: n OFFICER:F]DRIVER OTHER SEX -.F1AIR EYES HEK3HT VAtKiHf BIRTFIMTE RACE:': - Mo. DAY Ytar { PRIOR MECHANICAL DEFECTS. w*APPARENT REFER TO NARRATflIE A HOME PHONE SMUESS PHONE VEHICLE IDENTIFICATION NLJIAMB I CHP USN ONLYDESOPM v EE» SI ADE N DAMAOEOAREA IN611RAWA CARRIER POUCYNUMSM V%HM:IT14% 0UW [3[^`"� ElMWOR MOO. E_:.3 MA.JOR[:]ROLL-OVEtt DIR OFTRAVEL ON STREET OR HKNIWAY: SPEED LWT CA OOt CAL-? A NAME DISPATCH NOTIFIED REVIEMITSNAME DATEREVIEIVED DYES ONO ©WA -- '�"-�� a • itAVE t)F C+ti IF0liNM ;Y"—CfIwX ilAEi:t DAY" "Am EMllR�001/y NE7k3i *FpsCtRLO fr/J} t#-*~ i o i PROPERTY 'OVA*"~ 1004"AOM": NLT1"1P1!`lf '.. YES Q DAMA43E 0E0*FTi0"isrEw AAm SEATING POSITION SAFETY EQUIPMENT EJECTED FROM VEHICLI° OCA P L-AIR SAO DEPLOYED M t C gICyCI A-HELMET MA MCLE M-AIR SAO NOT DEPLOYED 0-NOT EJECTED B-UNKNOWN N-OTHER DRIVERI-FULLY EJECTED C-LAP BELT USED. P-NOT REQUIRED V-NO 2-PARTIALLY EJECTED O-LAP BELT NOT USED: W_YES 3-UNKNOWN' 1 2 3 '-DRIVER E-SHOULDER HARNESS USED 2 TO 6-PASSENGERS F-SHOULDER HARNESS NOT USED CHIL NT PASSENGER '4 5 6 7 KIN-STATWJ1t3ON REAR G-LAPISHOULDER HARNESS USED S� CJIfI D x•NO a.REAR 000.t'RK.OR VAN H-LAWSHOULDER HARNESS NOT USED R-IN VEHICLE NOT USED Y-YES S-POSITION UNKNOWN J-PASSNE RESTRAINT UI S-IN VEHICLE USE UNKNOWN 7 K-PASSIVE RESTRAINT NOT USED T-IN VEHICLE WROPER USE 0-OTR U-NONE EV VEHICLE, ftMAB MARKED E1EI.OW FO.LOiNED BY AN ASTERISK("}SHOMO W E~%I?'t"AINET}IN THE'NARRATIVE. tMfIIRI11tIlIN FACTOR TRAFFIC CO PROL DI MESAT IIAULT 1 TYPt!Of VEFEGLE 1 2 3 MCNtEMF.NT PRECEDINEi A tiorwoAaaA+,Aout cA COW#AMfUNCTIONEO I A PASSEWISREARt1MTJ1TWNWA{iON A f CONTROL NOT tttKi' P CAR WITRAILER OTHER Ba ROPER DMVVW. C MOTORCYCLE t SCOOTER Cam C MUNT t LACTOR• 9 M"Wo PaAtIEL TRUCK f>TMIEER TItFN DRNIWft' T`r"OP P#CKIM+t PeftTRUCK WI TRkIIER E MIAKING LEFI"TURN X54-ON PgICKcltt MWVACTOR mmmumm FELL `SIDE Swim 'TRUCK t TRUCK TRACTOR Wt TRLR REA m 14,SC BUS FE'$I",, KitSTOPPEK3 TNER !vo# BROADSIDE I {?VIER BUS I PASSING#GATHER GET OBJECT J EMERGENCY VEHE>LE J CLOUDY OVERrupmD IK HIGHWAY C—OW.EQUIPMENT K mpjowbogoo (� >' VEHICLEIPEDESTRAAN L BICYCLE L. OTHER- OTHER VEHICLE tYtBIBtI I1Y FT. PEOESTRIAtt 11;XBIG INTO OPPOSE LANE (?TREK`. MOTOR 1tIEtNCLf=1NVOLVEti 11MTN MOPED ARKEO NON-COLLISION I p'rAmLqm Ld6HTNi6A PEOESIT M IQ TRAWARIMOINX—OW OAYUGHT OTHER MOTOR VEHICLE 1 oTHERASI�OIBATED fACT'oNs) R R DUSK- MOTOR VEHICLEOtt�ROAOl±SN1Y f "CfTCJ?tIEAl5) amm-STI ET M TE5 PARKED!!M VEHICLE A vatAe=vwxx vA i t7ViRK-NO'sI TREET LIGN fS TRAINE,aARK-STREET LK3HTffi NO'T A.qICYCLE EI Mc sec+ +Haua+ac: can vfi FUNCTIO • NO x tURFACE H'ANIMAL C wancy"ViOtADM 1 2 3 P!$OBNYty DIS DRY' I FmD OBJECT: FM K i 7X?$t ) 1 YET A HAD HOT BEEN DRINKING StNIW1`-ICY OTHER OBJECT': VISION OS CUIIEMEtT€: B'RBD-UNO0 INFLUENCE Y INATTENTKNi'; RBD•NO T UNDER Itn.UEW ROADWAY CONDITX"S) STOP 3 GO MFIC D HBD-Na1PAIRMENT UNKNON fAmwi,TO 2rtewsj p ENTERStOt'LEAVNiCi RAMP E'UNDER DRUG Sit UENCE' S DEEP RUT NO PEDESTRIANS INVOLVED I PREVIOUS*GUAM " F IMPAIRMENT-PHYSICAL* LOOSE MATERIAL ON-#aEDADt tAY* B CROS$ING IN CROSSWALK j UNFAMILIAR VM. ROAD �iMPAIRMEN f NOT KNOWN OSSTRUCM N ON ROADWAY' AT INTERSECTION: K'DEFECTriiE'VEH.wgt,: CITED H NOT APPL"LE CONSIRUCTKNN-REPNR ZONE C CRIN CROSSWALK.NOT IIYES 'm ROADWAYWIDTH - mo fLoOrAD* 0 CROSSING-NOT EN CROSSWALK L UNINVOLVED VEHICLE A:HAZARDOUS MAT£R#tSi LyTIIER". E IN ROAD°-INCLUDES SHOULDER M OTHER`. t - NO UNUSUAL CONDITIONS F'NOT IN ROAD NONE APPARENT C I h) Usit APPROACHING t LEAVINO SCHOOL BUS I RUNAWAY VEHICLE SKE'M I �I� 33 I I!i F,42r 15{ MISCELLANEOUS /'' 5 awry +R,t VI �s 4 N# RTI AiWA'M L3ikMAIY LJIr VVI C, � :�L tvYtf+V ami W/6 -tYtaMuf x 77 K.1 J,l 1Z �1Lh#Jt9n3 57`UIQ Ce+�cp�tE'Cfw'IL'+>; � J-11 RIL+Arr lfixAAtl Nv%4Ac Sr+»Jttl �r SauA3 vFt E-1 le-dr-.4if -i F-5 ASPrt*vr fsdLwi� OSP 06 1 VrE OF SAL€FOFMIA IP I WITNESS I PASSENGERS P."3 -f OFeCwaitkl(MO. DAY YEAR) TIME t ) NCIC s '. - oFFICFn S.D, NLM SIIR o - 5.&'a l.?s j q) r 01 :.8 INESS PAs3MNOER ACE 6MX EXTENT 1F INJURY("X"CANE) INJURED WA8("X"ONE) FARTY. MEAL' SAFMTY lift= >NLY ONLY. FATAL I tEVMRE OTHER VMMMI.E COMMAINT 'DRMMR ,PASS. PED. BI"lay OTHER NIMRBER POLL now. w"URY I MLNSRY PJAW OF PAW # 29 ❑ ❑ ❑ ❑ ❑ ❑ I ❑ 1 ❑ 1 ❑ .2 2 1 G 4 IO.O.B.!ADDRESS TELEPHONE }!21.57-b F .�I/r�A t' t31-Z 1 5'trt) kt t L G . 9 AEOONLY)TRANSPORTED SY: —� TAKEN TO: :FJBB INJURIES VICTIM OF VIOLENT CRIME NOTIFIED # ❑ ❑ ❑ 1 ❑ I ❑ 101FIlEll ❑ 101' I D.O.B:!ADDRESS TELEPHONE 'RED ONLY)TRANSPORTED BY: TAKEN TO: :RISE p'WRIES VICTIM OF VIOLENT CRIME NOT€FIE0 310.0.8./ADDRESS TE!U -RED OWY}:TRANSPORTED BY: TAKEN TO: :RISE W UMS :'VICTIM OF VIOLENY CRIME NOTIFIED E 10.0.S.I ADDRESS T9LEP"ONZ IRED ONLY)TRANSPORTED DY: TAKEN TO. MBE INAMS VICTIM OF yIOR.ENT CRIME w7rw0 # ❑ ❑ 10 ❑ ❑ ❑ ❑ ❑ ❑ ❑ /D.O.B.IADDRESS 'TELEPHONE ICED ONLY)TRANSPORTW BY: TAKEN TO:.. ;RISE WAMES VICTNA OF VIOLENT CRIME NOTIFIED # ❑ ❑ ❑ ❑ ❑ 101Q101 ❑ IMI i 10.O.S.I ADDRESS TELEPHONE 'RED ONLY)'TRANSPORTED BY: TAKEN TO: . :RSI kLIURiE8 I VKSTIM OF V€OL w CRIME NOTFSED -ARL"HAMS S I.D.NUMWA MO. DAY YEAR REYIEIMRRM NAME MO. DAY YEAR Q v * -- Y14' I-t.15'-o. t STATE OF CAUF iI to f J NA RATi'.,ISEIPPLEM9 TAL PAGE �! DATE CIF INCIDENT TIME NCIC NUMBER OFFICER I.D. NUMBER 01-15 -02 1125 9374 14191 1-218 I FACTS': 2 3 NOTIFICATION: I advised Golden Gate Dispatch of a non-injury collision at 1128 hours I- 4 80 E/B east of the Gilman Street U1C. All times, speeds and measurements in this 5 investigation are approximate. Measurements were taken by estimation,except where' 6 otherwise indicated. 7 8 SCLNE At the scene of this collision, I-80 is an eastbound freeway consisting of five lanes. 9 The roadway is straight and level. The surface is composed primarily of asphalt, 10 11 P I2 13 Fra j^Kerwinl was located sitting his vehicle. Party Kerwin was identified by a valid 14 California driver's license. Kerwinwas placed as a party by the following items: 15 16 -personal statements 17 -being in possession of the vehicle's keys 18 19 leo d Pickup (V-1), Driver# I's vehicle,was located on its wheels on the right hand shoulder 24 of I'-80 E/B east of the Gilman Street UIC. V-1 had minor damage to the front end.' 21 22 kLrq#2;(Crim ns)was located standing next to his vehicle. Party Crimmins was 23 identified by a valid California driver's license. Crimmins was placed as a party by the 24 following:items: 25 26 -personal statements 27 -being in possession of the vehicle's keys 28 29 Ford Van (V ),Driver#2's vehicle,was located on its wheels on the right hand shoulder of 30 I-8 EB east of the Gilman Street LU/C. V-2 had minor damage to the rear end area. 31 32 PIWSICAL EVIDENCE: Physical evidence consisted of damage to V-1 and V-2. 33 34' STATEMENTS: 35 36 Party#1 (Kerwin) related that: I'was driving on 1-80 EB in lane#4 at about 50-55 mph, I 37 notice that the vehicle ahead of me was slowing down. I attempted to stop but was unable to 38 stop in time and hit the slowing vehicle. 39 PREPARER'S NAME I.D. NUMBER DATE REVIEWER'S NAME DATE P.CRUZ' 14191 41-15-02 sTATE OF CALIFORNIA 'NAR�I' � t s' 'tlPPl MENTAL: PAGE DATE OF INCIDENT TIME NCIC NUMBER OFFICER I.D. NUMBER 01-15 -02 1125 9370 14141 1=-218 Party#-2 (Crimmins)related that: I was driving on I-80 EB in lane#4 at about 25-30 mph due to some strip and go traffic. The stop and go traffic was due to some debris in the roadway. I was suddenly rearended by the vehicle behind me. OPINIONS ANID CONCLUSIONS i SUMMARY: P-I(Kerwin) was driving V-1(Ford Pickup)on I-80 E/B'in lane# 4 at about 3 50-55 mph. P-2(Crimmins)was driving V-2(Ford Van)on I-80 E/B in lane#4 at about 25-30 } mph in step and go traffic due to some debris in the roadway. P-I(Kerin)driving V-I(Ford Pickup)saw slaw traffic ahead. P-I(Kerwin)attempted to stop but was unable to step in time and hit V-2(Ford Van), 3 AREA OF IMP—Cr: AOI# 1 was looted 450 feet east of the Gilman Street U/C and 18 l feet north of the south roadway edge of 1-80 E1B. Statements from parties involved' i determined area of impact. i t CAUSE: P-I(Kerwin)was the cause of this collision by being in violation of 22350 VC_.. 3 unsafe speed no person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather,:visibility,the traffic on, and the surface and width of,the highway,and in no event at a'speed which endangers the safety of persons or 4 property. Statements and damage to vehicles involved determined cause, 3 RECC)MMENDATIONS l 5 None. 3 PREIFAREWS NAME I.D. NUMBER DA'Z'E REVIEWER'S NAME DATE P.CRUZ 14191 01-15-02 APPLICATION TO.FILE LATE CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA BOARD ACTION Mar 12, 2002 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 III, below), California Government —tCode.) ` ven'pursuant to Government Code Sections 911.8 and 5.4. Please note the "WARNING"below. Claimant:. Dane Pascoe FEB 15 2002 COUNTY COUNSEL Attorney: NlART1NE2 CALIF. Address: 7899 St. Helena Rd Santa Rosa, CA 95404 Amount: $50,000 By delivery to Clerk on February 14, 2002 Date Received February 14, 2002 By mail, postmarked on_ February 14, 2002 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above noted Application to File Late Cl j .. DATED: February 14, 2002 JOHN SWEETEN, Clerk, By r G eputy Clerk H. FROM: County Counsel TO: Clerk of the 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 MARCHESI,County Counsel, By Deputy III. BOARD ORDERBy unanimous vote of Supervisors present (Check one only) ( ) This Application is granted(Section 911.6). This Application to File Late Claim is denied(Section 911.6) I certify that this is a true and correct copy of the Board's (z tered in its min t for this date. DATE`. ' , ;1 : G' JOHNSWEETEN, Clerk, By - -- Deputy Clerk WARNING (Gov. Code §911.8) If you wish to file a court action on this matter, you must first petition the appropriate court for an order relieving you from the provisions of Government Code Section 945.4 (claims presentation requirement). See Government Code Section 946.6. Such petition must be filed with the court within six (6)months from the date your application for leave to present a late claim was denied. You may seek the advise of any 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:,, ' -A JOHNSWEETEN, Clerk, By t' , Deputy Clerk 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 Claim to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY I STR 1' CTIQNS 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 he presentednot later than the 10&day after the accrual of the rause 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 governedbythe Board of Supervisors, rather than the County, the name of the District should be filled in: D, _ If the claims against more than one public.entity, separate claims must be filed against each public entity. E. raud. See penalty for fraudulent claims, Penal Code Sec. 72 at the end of this form. RE: Claim By Reserved for Clerk's filing stamp DA&E- L Against the County;of Contra Costa or N 6 '002 District) (Fill in name) } CWR S i The undersigned claimant hereby makes claim against the County ofContra'Costa or the above-named district in the sum of$Sb,,060 and in support ofthis'claim represents as follows: Im 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) vin �'( t C-0*-, STA �L4,1,j - 3. Haw did the damage or injury occur?(Give full details;use extra paper if required) .LA'i wt.A,-.t'-t" WAS +�1 t�•t X12 ��GU �"r pLAC L " tea ,._ � x A, ', .,fit `E--"l l+rr t� W t T 1 ,J ,r 2 c +fit Sxa ` � 1+ m � ; 4. What particular act or ornission on the part of county or district officers, servants, or employees caused the injury or damage? CL-AirVt1- ocp C CA+A1 t UA-S C t< f"'D c4 J t t,. C.&,-r 5. What are the names of county or district officers, servants, or employees causing the damage or injury? �i1k►w1�c 1'°�'`i x'� �1..��L: '`�j �-�»,,c�5�e�,�w�� t:...t�.�,�its'�`" � t.��'�. i` � �--� 6. 4khe'al�t�datm!�agoe�o?(r'ionj5u' nes do you claim resulted?Tdive VMtf�lI 3ctent oftn,urtes or unagt d. ach two estimates for auto damage.) I va S C , 2vv C>> f"l r *L P44-(5 t cit i` 015 -rs"I rM AAO 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) 5 , i"^- k. -w t c i-� A.i C i l,-ct o tA-WW LC--' owl 8. Flames and addresses of witnesses, doctors, and hospitals. 9. List the expenditures you made on account of this accident or injury. BATE TIRE AM,QUNT ) Gov. Code See. 910.2 provides "The claim must be ) signed by the claimant or by some person on his behalf» SEND nC-ES TO: otnev Name and Address of Attorney 9L (Claimant's Signature)' (Address) o f } Telephone No. Telephone No. 0 a,-1 �3-s— NOTICE Section fit of the Penal Cade provides. Every person who,with intent to defraud,presents for allowance or the payment to any state hoard or officer,or to any county,city,or district board or officer,authorized to allow or pay the same if genuine,any false or fraudulent claim,bill,account, voucher,or writing,is punishable either by imprisonment in the county jail for period of not more than one year,by a fine of not exceeding one thousand($1,000),or by both such imprisonment and fine,or by imprisonment in the state prison,by a fine of not exceeding ten thousand dollars($10,000),or by both such imprisonment and fine. FEES FEB 14 2002 Request for Leave to Present A Late Claim ci Pursuant to Government Code Section 945.5,Claimant Dane Pascoe herewith requests the Beard of Supervisors, Contra Costa County, California, grant leave to present a late claim for damages related to his incarceration on a charge of civil contempt. According to the County, Claimant's application, originally'filed January 19, 2002,was filed three clays following the normal six-month deadline for filing a claim for damages, using the date of the incident (luly 12, 2001) as the start date for calculating that six- month time frame. it was some time after his release from the Detention f=acility, however, that Claimant went to the Court House and spoke to Bailiff Roger Breeding. Bailiff Breeding at this paint did confirm Claimant's recollection that he (Bailiff) had promised Claimant that he would be housed separately in the Detention Facility from those arrested on criminal charges, thus confirming that he(Claimant) had a legitimate complaint. Bailiff Breeding went on to say that he would contact the Detention Facility to find out what had gone wrong. It is at this point, that Claimant knew to file a claim, and it therefore is at this, paint, Claimant believes, that the six-month time frame should begin, making his January 19th application timely. In either case,;Claimant's application was filed only three days after the six-month anniversary of the incident. The County has not been prejudiced against the claim in any way', -, -------------- ___w-___ ------------- date Dane Pascoe, Claimant