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HomeMy WebLinkAboutMINUTES - 06032003 - C33 CLAD U F gQURA C-0ffA CQUN Bb /■ D ACT-LOM J t Y 2003 Y�YiiMIYMiMYYYIYYiW.IYIYY MY1 YYI 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 Government Code Section 913 =d-,,,.-. 015,4,Please nate all"Warnings". AMOLJNT: EXCESS OF $10,000. CLAIMANT: JEN LEN8 Vd +...IAM ATTORNEY:. ROBERT"E: "DESS DATE RECEIVED. APRIL 25, 2003 ADDRESS: BY DELIVERY TO CLERK ON: APRIL 251 2003 TURNER & ASSOCIATES 350 N. t�'1 �' LANE,. STT 150 BY L.POSTMARKED- WALNUT NAND DELIVERED CREE , :CA 94598 FROM; Clerk of the Board of Supervisors ' TO: County Counsell. Attached is a copy of the abov6-noted claim JOIN SWEETENI Dated: APRIL 25; 2003 By; Deputy II, FROM: County Counsel TO: Clerk of the Board of Superviso 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). ( ) .Other: Dated: `L; $y: # ",: Deputy County Couny 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 Crim is rejected in full. ( } Other I certify that this is a true and correcf copy of the Board's Order entered in its minutes for this date. Dated: JUNE 03= 2003 JOIN SWEETEN,CLERK,By ,De uty Clerk WARNING(Gov. code section 9.13) Subject to certain exceptions,you have only six(6)months from the date this notice was personally served or deposit€ in the nail 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 ser immediately. *For.Additional W arnih 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 l deposited in the united States Postal.Service in Martinez, California,postage full prepaid a certified copy of this Board Carder and Notice to Claimant, addressed to the claimant as shown above. Dated: JUNE 0 4; 2003 JOIN SWEETEN, CLERK.By 1. Deputy Clef. I ROBERT E. BURNESS (SBN 122098) 2 354�N.E�GET LATE,STE. 150 WALNUT CREEK,CA 94598 3 TELEPHONE: (925) 935-1283 App 5 2003 FACSIMILE: (925) 935-5782 Attorney for JENELENE WILLIAMS Ct nTp Cns v� 5 6 7 8 SUPERIOR COURT OF CALIFORNIA 9 IN AND FOR THE COUNTY OF CONTRA COSTA 10 11 Claim of 12 JENELENE WILLIAMS, 13 Claimant, 14 vs. CLAIM FOR PERSONAL INJURIES 15 COUNTY OF CONTRA COSTA (GOVT. C §910) 16 17 To the COUNTY OF CONTRA COSTA, BOARD OF SUPERVISORS: 18 19 You are hereby notified that JENELENE WILLIAMS, whose address is 3809 Arlington 20 Circle,Pittsburg, California 94565, claims damages from the COUNTY OF CONTRA COSTA. 21 The claim is based on the personal injury sustained by claimant on or about October 26, 2002 22 in the vicinity of the Contra Costa County Jail, 1000 Ward Street, Martinez, California, under the 23 following circumstances: 24 As a result of the dangerous condition or defect in the walkway at the jail facility,the 25 Claimant slipped and fell, causing her elbow to be severely broken. The County of Contra Costa 26 knew or should have known of the dangerous condition or defect in the walkway, which resulted in 27 the injuries to the Claimant. This constitutes causes of action for both negligence and premises 28 liability. CLAIM FOR PERSONAS,INXMIES(GOVT.C§910) WILLIAMS v.COUNTY OF CONTRA COSTA I. The injuries sustained by Claimant as far as known as of the date of this presentation of the 2 claim consist of a severely broken elbow, which required a hospitalization stay of three(3) days. 3 Furthermore, surgery to correct the injury is anticipated in the near future. 4 The amount claimed, as of the date of presentation of this claim, is in excess of 10,000. 5 This matter constitutes an unlimited civil case. 6 All notices or other communications with regard to this claim should be sent to: 7 Turner&Assocation ATTN: Robert E. Burness 8 Attorneys for Jenelene Williams 350 N. W iget Lane, Ste. 150 9 Walnut Creek, CA 94598 Telephone: (925) 935-1283 10 Facsimile: (925) 935-5782 Date: 12 �----- Obert E. Burness f, Attorney for Claimant, Jenelene Williams 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CLAIM FOR PERSONAL INJURIES(GOVT.C§910) WILLIAMS v.COUNTY OF CONTRA COSTA 1 1 PROOF OF SERVICE 2 Re: Williams v. County of Contra Costa 3 4 I, DAWN PRITCHARD, am a citizen of the United States and employed in Contra Costa County, 5 California. I am over the age of eighteen years and not a party to the within action. My business 6 address is 350 N. Wiget Lane, Suite 150, Walnut Creek, CA 94598. On April 25, 2003 I served: CLAIM FOR PERSONAL INJURIES 7 by causing a true copy thereof enclosed in a sealed envelope, with postage 8 .� thereon fully prepaid,to be placed in the United States Post Office mail box at Walnut Creek, California, addressed as indicated below. (I am readily 9 familiar with this business" practice of collecting and processing correspondence for mailing. It is deposited with the U.S.Postal Service on 10 the same day in the ordinary course of business). 11 _ by causing a true copy thereof to be placed in FEDERAL EXPRESS MAIL addressed as indicated below following ordinary business practice, said 12 practice being that in the ordinary course of business, correspondence is deposited in the Federal Express Depository on the same day as it is placed 13 for processing. 14 by FACSIMILE as follows: I caused the said document to be transmitted by Facsimile machine to the addressee(s) at their fax numbers indicated 15 below. The Facsimile machine I used complied with Rule 2003(3)and no error was reported by the machine. Pursuant to Rule 2005(i), I caused the 16 machine to print a transmission record of the transmission. 17 X by PERSONAL SERVICE as follows: I caused each such envelope to be 18 delivered by hand to the addressee(s) identified below. CLERK OF THE BOARD 19 651 PINE STREET 20 MARTINEZ,CA 94553 21 I declare under penalty of perjury under the laws of the State of California that the foregoing is 22 true and correct, and that this Declaration was executed on April 25, 2003, at Walnut Creek, California. 23 f 24 DAWN PRITCHARD �L 25 26 27 28 April 22, 2003 Mr. Ron Harvey, Risk Manager Contra Costa Risk Management Division 2530 Arnold Drive, Suite 140 Martinez, CA 94553 Subject: Damage claim Dear Mr. Harvey: Can December 16, 2002, 1 incurred flooding of my property located at 2345 Holly Oak Drive, Danville, CA 94506 and ultimately caused damage to my swimming pool. The root cause of the flooding was later detennined to be from the clogged storm drain, 36 inch pipe, located in the open space immediately to the right of the home located at 23$.5 Holly Oak Drive. When this storm drain clogged the water had no place to go except down stream. In the process it knocked down approximately 100 feet of fence from the home located at 2385 Holly Oak Drive and collected landscape material from behind the home located at 2365 Holly Oak Drive. As the water and debris continued down stream in greater mass it damaged fences to two other property owners, and eventually clogged the 24-inch storm drain behind my neighbor's property. The debris created a dam against the 8-foot high wire fence on the right side of my property and collected approximately 30,000 gallons of water in a culvert behind my neighbors home resulting in a waterfall into my back yard. In a matter of minutes,my entire back yard was under water. While I was attempting to free the debris from the opening of the 24-inch storm drain behind my neighbor's home, both my feet were sucked into the opening. At the time I was chest deep in water and had I not grabbed onto the wire fence to keep my head above water, I would have most likely drowned. My neighbor's wife,hearing my shouts for help, called 911 and the Danville Fire Department arrived on the scene just minutes after my neighbor helped pull me free from the storm.drain. The Danville Fire Department as well as 4 or 5 neighbors can attest to the flooding that occurred to my property. The flooding of my backyard left 5 to 6 inches of mud and debris on the bottom of my pool as well as a pool full of muddy water that stained the plaster. I am hereby submitting my claim to recover the costs I have incurred for the clean up of my pool, replacement of a pool pump, and the re-plastering of my swimming pool. The costs are as follows: I. Removal of the mud and debris from my swimming pool performed by Sunshine Pool Service. Please find enclosed the initial estimate for$ 1430.00 and the actual invoice from Sunshine Pool Company for their work for$ 1095.00. 2. Replacement of pool pump. Please find enclosed the invoice from Sunshine Pool Company for$ 395.00. 3. Cost to re-plaster my swimming pool: $ 5795.00. Please refer to the estimate submitted by Earl Adams Tile& Plaster Company. It is important to note Earl Adams had recently re-plastered my pool in December 1999 so it was in perfect condition prior to the flooding of my pool. 4. Cost for 30,000 gallons of water to re-fill my pool: Estimated at$ 200.40 The total amount of my claim is $ 7,485.40. According to my Home Owners' Association, the Water District is responsible for maintaining the storm drain located in the open space and it is obvious from the flooding that occurred on December 16,2002, this drain was completely clogged. There are several witnesses that will attest to this fact. It should also be noted the grate placed on this storm drain is installed at a 90-degree angle, and instead of deflecting debris this grate merely serves to collect it. The Water District should investigate a re-design of this grate to deflect the debris and allow for free flow of water into the drain. Also the storm drain behind my neighbors home located at 2355 Holly Oak Drive is a safety hazard and should have a grate installed. If you have any questions about my claim,please call me on 510-614-4105 during normal working hours 8 a.m. to 5 p.m., Monday through Friday. Please note I will be out of the country from May 3 through May 24, 2003. Thank you. Sincerely, Robert S.Bowen 2.345 Holly Oak Drive Danville, CA 94506 Tel: 925-838-6463 Tel: Work 510-614-4105 Email: robert.bowen@crownwms.com cc: Marshall &Perrigue, A Law Corporation Awd4ore ,Faroe. eev4w REPAIRING&SERVICING RESIDENTIAL&COMMERCIAL POOLS&SFAS P.O.BOX 127 CLAYTON,CALIFORNIA 94517 (sit 672-4440 To whom it may concern, As a result of a "common" neighborhood drain system failure, storm-runoff took a path through Bob Bowens backyard. It flooded the backyard and the pool as it made its way out the front side yard. Assessing the damage I found the pool filled with mud, rock and debris. The pool filter grids collapsed and plugged with mud. Scope of work to be performed: add aluminum sulfate{Alum} to fall-out the suspended mud. Then add liquid chlorine to clear existing water. 6t; % once the pool is clear enough to see the bottom a trash pump will be used to vacuum the muck to the sewer. Step three; the pool will need to be refilled and the remaining mud will need to be brushed, vacuumed and filtered out. , jepI r after being refilled a sequestering agent will need to be added and the water balanced. This will bring pool water back to a safe and healthy condition. The condition of the plaster may be left stained and aged looking. Since the plaster is relatively new, the only way to bring plaster back to its original is to replaster. Sincerely ylea ey Sunshine Pool Service unslane 'aa '. zr��ce elkEstimate Numbei.E!14 REPAIRING&SERVICING RESIDENTIAL&COMMERCIAL POOLS&SPAS P.O. BOX 127 CLAYTON,CALIFORNIA 94517 (510)672-4440 Date: January 09,2003 Bob&Janet Bowen 2345 Holly teak Drive Danville,Ca 34505 P.O. Number Terms Proiect 835-6463 Contract Pool Glean-Up Date Description Hours Rate Amount January Step one; add 50 pounds Aluminum Sulfate to fall-out suspended mud. -Time and materials 85.00 Step two: vacuum mud to the sewer using a trash pump. -Trash pump rental 250.60 -Estimated Labor 5.00 65.00 325.00 i Step three; remaining muck will be brushed,vacuumed and filtered out. -Estimated Labor 2.00 65.00 130.00 Step four, add sequestering agents and balance pool water. -Time and materials 165.00 Additional; estimated cost to replace filter grids for the DEP-51 filter. 475.00 (Total of 13 grids+ labor) f Total $1.430.00 SUNSHINE POOL SERVICE INVOICE CA Contractor's Lic. #695859 1°'.0). Bax 127 I CLAYTON, CA 94517-01127 2025 February 18,2003 (925) 672-4440 Bill To: f danvil IMF 838-6463 Contract Pool'Clean January-February Step one; add 50 bunds Aluminum Sulfate to fall-nut suspended mud. y ` -Time'and materials Step two; vacuum mud to the sevviier usin0A trash:putt►p Trash pump rental fi Estimated Labor 3^J- Stepthree; remaining m t+t+tfl r filtered out. lyP 1 , , tiaj : ta " stimat4d Labor AM Total $1,095.00 d Plea cetum thisportion Name Invoice# Amount Paid$ ( Payment Is due on or before March 15, 2003. 7 0-30 days 31 -60 days 61 -60 days >90 days Total $1.095.00 $0.00 $0.00 $0.00 $1;095.00 Form 13778 To reorder forms.tail MySof;wara at 1-800-599.2942 Fold at(,)Wit companion 13718 Envelope .I,p� r+a1 - Maw '' ,r .ter • +'ryd( ' '"l cc k V� Ej e. 4S£7 r UTI NT (� + N .r V >C7 C`s. Ln �leico r . ��ar v tb C7 x 4V rrI �I S twi hr sunshine Pool serwee F.O.Box 127 Clayton,Ca 94517 Phone(925)672-4440 Fax(925)672-4440 April 16, 2003 Bob Bowen 2345 Holley Oak Drive Danville,Ca 94506 To whom it may concern, The clean-up process on Bob Bowens pool has been. concluded. Additional steps to take out plaster stains left from the mud and debris have shown little results. Most organic stains have been lifted, what remains are the metal stains. To remove the metal stains,the pool would need to be drained and acid washed. This would cosmetically make the pool look better. However, to acid wash a pool will compromise or etch the pool plaster. This makes the surface rougher and furthers to age the plaster. To bring this pool back to its original surface the pool would need to be replastered. Sincerely, OKyle6ffl ADAMS PROP & CONTRACT 5F Say Area Office Sacramento Office Las Vegas Office +±4 W POOL 3675 Cold Santa Rita Road 4119 South Market-Court 4815 West Rena Avenue SOLUTIONS Pleasanton, California 94588 Sacramento, California 95834 Las Vegas, Nevada 89118 840.675.0665 916.646.3800 702.365.9772 CYdams ools.Com Fax 925.734.8477 Pax 916.646.3811 Pax 702.365.9787 License #726779 License#767721 License#479.58 JOB NAME 141WNE4(agent)•3F DIFFERENT[2] JOB ADDRESS Bttt€ C�ADDRESS �Z��49 "_ (:�_)64 PC JOB C1MAP COUNTY BILLING CITY,STATE ECODE k�!jk�_I OTHER NAME [3] RELATIONSHIP TO JOB CONTACT JOB SIT HO 1][2IA3] BUS PHONE[11'[21[3] CELL PHONE[1][2)[3] EMAIL[11[2)[3] Included In Contract Contract pertains to* Roof Only E pa Only E, Isc��i � Spa YES NO A. brain Pool _�.....�._...�.._ B. Remove Existing Tile C. Remove Beam Cap (existing coping, brick, or rock) El D. Replace Skimmer: New Elevation ._. �.�. Patch Type 0 ._... E. Install Tile: Type _� �.�..._..�..._._... ____. ....._... R Install Beam Crap: Type Color C� G. Dam Wail: Cap With � Create Spillway E] ❑ H. Repa€rFt. of Cracks (30 ;day Warranty) _ � �E] 1. Install Ft. of Epoxy Injection (I Year Warranty)__ CJ J. Prepare Pool/Spa Interior Surface: Standard Strip 0 ❑ —k.—Install Tile Trim: Type Ft. Location B/L/T 0 El _ L. Replace _ _Ft. Mastic: Type _ _CqW EJ ._._ M.Finish Interior of Pool/Spa: Type Calor J Other worko be performed: Ln CC t`0 N t/ {rtCC'nJO 1: �r�� L'7 •AM, r 1 w ti 412 ms Kc Ln ir co �. ru Ln CO C3 t a ni C3 Q C"i dr Q,} er i�c�vQ s= 2; C: fi is f i CLAIM g F V_ F STA C B!QALM ACTION, JUNE 03, 2003 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 ' F t Pursuant to Government Code Sectio 913 and 915.4.Please note all"Warnings". 4 zfY AMOUNT: $9,000..00, y 4 CLAIMANT: JULIE AND RIAN TAYLOR ATTORNEY:. UNKNOWN DATE RECEIVED: APRIL 28, 2003 . ADDRESS: #21 TOFELEMIRE_ DRIVE BY DELIVERY TO CLERK ON: APRIL 28 2003 LAFAYETTE, CA -34549, BY MAIL,POSTMARKED: HAND DELIVERED FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. JOHN SWEETEN C1e Dated: APRIL 28, 2003 By: Deputy. II, FROM: County Counsel TO: Clerk of the Board of Supervis (4/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: ` 17 rDeputy Count CounseDated: By: M. FROM: Clerk of the Board TO: . County Counsel(1) County Administrator(2) ( ) Claim was returned as untimely with notice to claimant(Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present: (X) This Claim is rejected in full. ( } Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: JUNE 03, 2003 JOIN SWEETEN,CLERK,By , Deputy Clerk WARN1 N'G(Gov. code section 9.13) Subject to certain exceptions,you have only sig(6)months from the date this notice was personally served or deposite 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 ofperjury that I am now, and at all times he:reinmentioned,have been a citizen of the United States,over agIe 18,.and that today I deposited in the United States Postal Service in Martinez,California,postage full; prepaid a certified copy of this Board Order and Notice to Claimant,addressed to the claimant as shown above. Dated: JUNE 04, '2003 . JOHN SWEETEN,CLERK B D uty Cled Claim to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT A. Claims relating to causes of action for death or for in Jury to person or to per- sonal property or growing crops and which accrue on or before December 31, 1987, must be presented not later than the 100th day after the accrual of the cause of action. Claim relating to causes of action for.death or for injury to person or to personal property or growing crops and which accrue on or after January 1, 1988, must be presented not later than six months after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Govt. Code §911.2.) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553. C. If claim is against a district governed by the Board of Supervisors, rather tqan the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. ' Fraud. See penalty for fraudulent claims, Penal-, Code Sea. ",12 at the end of this form. RE: Claim By Reserved for Clerk's filing stamp i I T VED Against the Cdu--nty- of MEER Costa. APR 2 8 2OC-3 or District) A C' 's AC 7111 in name The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ r>> a and in support of this claim represents as follows: 1. When did the damage.or injury occur? (Give exact date and hour) 2. Where dd the damage or injury occur? (Include city an county) 0 vo,- 4;, IK101 01 C,S, 3. How did t�.e damage ori`njury occur'? (Give NI-1Tdeails,-, use extra paper if required) T 41- ;J 5 a � -/-0 3 4. What Particular act or omission on the part of county or district officers servants or ,employees caused. the injury or d e? S L)a/Av a, V S 06� r a.� A C-0 it Y 1,0 1 AJI"C'm k'k 4-0-Vx tom. L i Lt: c c d-C, « (over) What are the names of county or district officers, servants or employees causing the damage or injury? rl 4a,ry 5. What damage or injuries d you claim resulteV' Give full extent of injuries or � ,� do ( � damages claimed. Attach two estimates for auto damage. 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) I �1" A, 3. Names and addresses of witnesses, doctors and hospitals. - - " 9. List the expenditures you made on account of this accident or injury; DATE ITEM AMOUNT Gov. Gov. Code Sec. 910.2 provides: "The claim must be signed by the claimant SEND NOTICES TO; (Attorney) bp,some son on his. behalf." Name and Address of Attorney s Claimant t s Si ture �tiiu°i SSS �/ f 4 ' Telephone No. "Telephone No, N © T I C E Section 72 of the Penal Code provides: "Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, city or district beard or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is punishable either by imprisonment in the county jail for a period of not more than one year, by a fine of not exceeding one thousand ($1,000), or by both such imprisonment and fine;. or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars ($10,000, or by both such imprisonment and fine. To: Contra Costa County Department of Public Works Sharon Hymes-Offered From: Julie & Rian Taylor 4/22/03 Reply to question 6. Since 1984 we have had spectacular and unobstructed panoramic view of Mount Diablo and sur- rounds. Recently I caught myself bragging that there is nothing that could ruin our view. We are on a downslope and it would take a four story house to block the view! On the 21 st of January a truck accident caused our beautiful view to change. It took a large truck to tear through the guard rail and knock down the pole. Each year for many years we have spent $1,000-1,500 dollars on toping the trees on our property. This was a major expenditure for us but we felt we must pay for this in order to preserve our property value. The view from our property is everything. We had the house looked at two years ago by two separate real estate agents in the same week. The first came on a sunny day when the view was spectacular and gave us a sales estimate of 825,000 the second came on a completely fogged in day and gave us an estimate of 425,000. Although that seems like a great deal of money it is definitely not uncommon of for a prime piece of Lafayette property with a spectacular panoramic Mount Diablo View. We have been dreaming for a long time about adding a second floor to our house. Yesterday our architectural elevations were completed with a set of view windows I might add. Now we will see this power pole glinting in the sun! January 21 st was a very sad day for us. If only Harrington had property secured that tractor and had not been speeding. If this had not been an accident and the pole had been routinely replaced PG&E would not have done it in foggy and rainy weather in complete darkness. Last year when work was done by PG&E on our pole they politely knocked on our door and asked if it would be an ok time to turn off our power so that they could work on our pole. I told the PG&E employee that i was just sending a large computer file to San Francisco and could he please wait. He waited for me for 20 minutes while I fin- ished and then turned off the power. If this had been a scheduled replacement I feel that PG&E would have been accommodating what ever way they could be and we would have avoided this sit- uation. I would have been able to see the work and talk to them from my balcony as in the past. We were not even able to return to our home for 5 hours the night of the 21 st so we were not able to be part of what was occurring outside our home in the blackness. I have spent a great deal of time since this accident working with PG&E in setting up the lowering of this pole to which they have agreed at a cost estimate of nine thousand dollars. View Value to property estimated @ $200,000 Tree topping to preserve view @ $8,000 Attorney information We have a business attorney, personal attorney and a litigator. At this point we have not yet contact- ed any of them because we would like to settle this amicably and not spend our money or the coun- ties on legal bills. TF OF CALIFORNIA RRATIVEISUPPLEMENTAL PAGE 6 OF •' ATE OF INCDENT TIME OC NUMBER OFFICER ( NUMBER x`0112112003 1526 0700 46502 03-01986 FACTS: r§ 3 NOTIFICATION: I was dispatched to a call of a traffic collision with no details at 1526 4 hours. l responded from Moraga Rd at School St and arrived on scene at 1528 hours. All 5 tunes, speeds and measurements in this investigation are approximate. Measurements 6 were taken by rolatape, except where otherwise indicated. 7 8 SCENE: At the scene of this collision, Moraga Rd is a northbound/southbound city street 9 consisting of two lanes. The roadway is curved and has a descending grade northbound. 10 The curve is blind and this area has numerous hidden driveways and blind intersections. 11 The surface is composed primarily of asphalt. The roadway has dirt shoulders with no 12 curbs. The east side of Moraga Rd in the area of this collision has a guard rail installed 13 between the roadway and a steep hillside with homes located below. 14 15 PARTIES: 16 17 P1-Harring!2n: PI-Harrington was located standing near the collision scene at 1530 18 hours. P1-Harrington was identified by a valid California driver's license. P1-Harrington 19 was placed as a party by the following items: 20 21 - Driver statements 22 - Witness statements 23 - Driver location 24 25 V't-Sterling: V1-Sterling was located on its wheels as shown on the factual diagram. 26 Vehicle damage is classified as minor, the upper latch of the pindal hook hitch assembly 27 was bent toward the right side of V1-Sterling. The Wisconsin tag-along trailer was found 28 lying upside down near a downed power pole which had been struck by the Case loader 29 which was e}ected off the bed of the trailer. The trailer's damage was classified as minor. 30 The Case front end loader was listed as damaged property in this report. 31 32 P2-lclntosh: P2-McIntosh was located at the collision scene at 15301 hours. P2-McIntosh 33 was identified by a valid California driver's license. P2-McIn'tosh was placed as a party by 34 the fallowing items: 35 36 - Driver statements 37 - Driver is registered owner 38 - Driver in possession of keys 39 40 V24nfi: V2-lnfi was located on its wheels as shown on the diagram. Vehicle damage is 41 classified as Moderate left side body damage caused by impact with the falling power pole. 42 PREF' D BY I-B.NUMDATE R IEWER' I#UE PAUL D. ZILL 465012 012/03/2003 Z �t ATE OF CAI.IFORNL A, ARRATIVEIUPPLEMENTAL FACE 7 OF DATE CSF INCIDENT TIME NCIC NUMBER OFFICER J.D. NUMBER 0112112003 1526 0700 46502 03-01986 1 PROPERTY DAMAGE: a''2 r 3 1. CASE 7215 FRONT END LOADER: Owner: Hertz Corp. 4 P.O. Box 26390 5 - Oklahoma City, OK 93126 0390 : 6 Case Product ID#JEE0053732 7 Hertz ID# 262-27-7008 f 8 __._ Rental Invoice#85387513 9 Local Mertz Phone#925-580-0316 10 I1 This Case loader was ejected from the tap of a trailer beim towed by V1-Sterling. Centra 12 Costa County Public Works Department was the lawful renter of this piece of construction 13 equipment at the time of this collision. This Case loader sustained moderate damage as a 14 result of this collision. 15 16 2. GUARD RAIL AND PAVEMENT. Owner: City of Lafayette 17 3675 Mt Diablo Blvd 18 Lafayette, CA 94549 19 20 21 Several feet of guard rail installed along the east side of the roadway was damaged as the 22 trailer being towed by V1-Sterling rolled over ejecting its load, a Case loader. The collision 23 event also left numerous deep gouges in the NIB lane in front of 740 Moraga Rd. The 24 Roadway was closed from 1530 hours on 1-21-03 until 0800 hours on 1-22-03 to repair the 25 utility pole damage. Police traffic control and public works callouts were needed to make 26 this collision scene safe. 27 28 3. DAMAGED POWER POLE: Owner: Pacific Gas & Electric Company 29 Pole Occupants: Pacific Bell Telephone 30 AT&T Cable Services 31 32 This power pole was struck by the Carse loader ejected off of the trailer. The pale was 33 severed at its base and had a secondary break as it fell toward the west side of Moraga Rd. 34 The top of this pole struck the left side of V2-lnfi as it passed S/B on Moraga 8d at the time 35 of this collision. 36 37 38 39 40 41 42 PREPARE V I.D.NUMBER DATE R EWER'S NAME A PAUL D. ZILL 46502 02/03/2003 � �� -0t3/ JATE OF CALIFORNIA 4ARRA7TMSUPPLEMENTAL PAGE 8 O 17 �DATE-OFINMDENT TSE NCtC NUMBER OFPCER-t:t3. NUMBER 01!2112003 1525 6700 46502 03-01986' 1 STATEMENTS: 2 q 3 PARTY#I (HARRIM91—OR} 4 The following_is a summ m y of the statement-taken from €1-Harrington: 5 fi P1-Harrington is an employee of the Contra Costa County Public Works Department. P1- 7 Harrington had k aded a Case 721B loader on the bark of a tag-along trailer after completing a 8 work assignment near Pinehurst and Can-yon in Vie-unincorporated area of the county between 9 Moraga and Canyon. P1-14arrington said he backed-the loader onto the tag=along-trailer. P1- 10 Harrington said he'installed tie down chains on the rear tie down points of the loader and secured 11 them to the trailer. P1-Harrington used one tie down chain across the bucket assembly to secure 12 the front end of the loader, 13 14 P1-Harrington said he was driving at a_steady speed of 30 MPH as he made his way NIB. on 15 Moraga Rd. PI-Hanrington said he fed something unusual- as he entered a curve near the 18 coftkw site. P-1-Harringtorr said he looked back and saw the trailer he was pulling with V1-- 17 Sterling lose controf and rolf over. The Trailer brake away from V1--Sterling and rolled over, 18 19 PARTY 2 LA!gMT0SHJ 20 The following is a surnnary of P2-MclrftosWs statement;. 21 22 P2-Wntosh-wa driving V24nfi SIB on Moraga lid as he passed 740 gaga Rd. P2-Mclntosh 23 noted V1-Sterling for a-very sprout period-of time prior to the collision. P2--McIntosh didn't notfc e 24 anything unusual but admitted he was not paying attention to the truck approaching. P2-Mcintosh 25 noticed a bright flash of light and felt something strike his ear. P2-Mclntosh. stopped his car just 26 south of the area where thetrailerof VI-SherhngL overturned. 27 28 OP'11 NS-AND CONCLUS NS. 2 30 ACCIDENT RECONSTRUCCTION ANALYSIS: Evidence looted at the scene of this 31 c.oWsion irKkates a rollover of a Wisconsin tandem a tag-along,}trailer being towed- by V1- 32 Sterling, A new-three axle ter yard dump truck. The Wisconsin trafler was leaded with a Case 33 721&front end loader which weighed approximately 29,000 lbs. The height-of the Case loader 34 was approximately 10 feet. The bed height of the Wisconsin trailer was measured at 35 inches. 1 35 have attached manufacturer product specfgg4tion data for the Sterling truck and the Case front 36 end louder. The data-sleet for the Case 721C is the same data used for the 721B which is no 37 longer in productkn. l was not able to-k)ca*any infonivationr for the Wisconsin 700-12 tag-along 38 trailer. I checked the fntemet and attempted to locate the manufacturer via telephone. The 39 Wisconsin Trailer company in no longer in business and no product specification data was 40 available, 4-1 42 RU-ARM BY 11).NUNMER DATE rtE>�EWER'S NAME ,A.T�OF CAIAFORNZA ARRATIVEISUPPLEMESTAL PAGE 9 OF DATE O 1NCIDEW TIME NC#C NUMBER OFFECER t.d_ NUMBED? 01 M/2003 1526 0700 46502 03-01988 .1 The driver of V1-Sterling entered a sharp curve to the left (west), at a speed he estimates to be 2 approximately 30 MPH. The curve is-estimated to be approximately 50 degrees. Moraga Rd is At 3 situated in.a North/South orientation near this collision scene. This roadway is.a narrow_two large 4 arterial route with numerous blind curves. l noted that the roadway has a descending grade 5 rxwthlbound. The curvL-where the Wisconsin-trailer roll over has a slight positive comer. 5 7 1 located tire friction marks along the east fog line of N/B Moraga Rd which were similar to critical 8 speed_sly marks. These yaw marcs ,are consistent with lateral movement to the outboard{right} 9 side of the,-Wisconsin trailer. The Case 721B front end loader secured to the bed of the Wisconsin 10 trailer-glad-wet runlet-tins-whrich-wrere-cove=red in wet mud. The deck of theWisconsin-trailer was 11 covered with wood which was wet. There were two rubber loading strips along the outboard'sides 12 of the trailer bed. 'heather conditions on the day of this collision were less than favorable_ There 1.3 hal been.-light rain throughout the day, the roadway sureswas wet, as well as the trailer bed. 14 and its cargo's fires. These-conditions resulted- in a dramatically lower, coefficient of friction for 15 bar the cargo to trailer-contact acrd'tare trailer to roadway contact. 15 17 1 examined the Wisconsin trailer and Case loader at their points of rest and noted the following. 1 18 found-a tie dower.-chain and binder in place in plaice, attached-to the right rear tie down point of the 19 Case-to the left front tie-down point of the Wisconsin trailer. A second tie down chain with a binder 20' attached was aftac ed to the right front tie down point of the Wisconsin trailer. 1 found a third tie 21. dawn chain lying over the front bucket hydraulic bucket tilt attachment paint There was a binder 22 lying on the hillside east of the Case loaders paint of rest This evidence indicated that the leader 23 was secured to the bed of the Wisconsin trailer with-a three-point tie down-pattern. 24 25 The rear loader tie downs offered restraint in all three axis` (lateral, horizontal, and vertical). The 26 chain over the bucket assembly offered only vertical restraint. This tie down pattern is not 27 acceptable for transport, of this type of cargo- The minima_tie_down pattern reclined for this 28 CaW to trailer load would be-a ire paint-tie down. In addition to the tie clown installed by P1- 29 Harrington listed above, two more tie down- to the-front end of'the,Case loader to'(he-traffer 3€1 are required to prevent load shift during transport. My interview with P'1-Warrington confirmed that 31 the three paint tie down pattern 1 found was the only restraint provided for this transport. 32 33 The--tire-friction mafks-located at the collision scerte were made-from the outboard tires on the 34 right-side of the Wisconsiry tattler. White these marls are not usefbi for-spm estimation analysis, 35 the.marks do suggest a load shift as the trail ,entered the curve of the roadway. The first contact 36 damage to the guard rail system was found to be approximately 3.5 feet from the tire friction 37 n la*s. This distance is much greater than the overhang-along the right side of the Wisconsin 38 trailer. The cOntR&damage Suggests-that the Case leder had started shftng at this point in the 39 turn. Gouging in the roadway surface and the position of rest of the Wisconsin trailer indicate the 40 trailer rolled over while in the turn.. 41 42 SAI sY I.D.NUMBER DATE NAME- � PAUL. D. Z1LL 46.I 117M/7003 - 6 IzAa.- # A'I`L OF CALIFORNIA BATNIFJSUPPLEMENTAL PAGE 10 o ATE OF INCIDENT TIME NC1C NUMBER C MCER 17. NUMBER 0112112033 1526 07OG 46502 03-61986 1 Based on the evidence l located at the accident scene l decided to conduct research into the 2 rollover characteristics of heavy vehicles. l reviewed-topic 876-in the Northwestern Univ 3 Center for Pubic Safety Traffic .Accident Reconstruction handbook. This topic examines heavy 4 vehicle-accidents and their reconstruction. I also obtained a research paper published by the 5 University of-Michigan Traffic Research ink (UMTRl 99-12),,which examined heavy vehicle 6 rollover during a collision event. Fid; l considered topics discussed during the. California 7 Association of Accident Reconstruction Specialists a manual conference held*in August-, 2002, which 8 dealt with the.reconstruction sof heavy vehicle collKipps. 9 10 Some of the reasons for heavy vehicl-rollover accidents are_irregularities and or deformities of 11 the roadway surface, (including substantial- changes in grade}, or cornering maneuvers- at an 12 excessive speed. Excluding the colksian event, when a vehicle makes a cornering maneuver on a 13 paved roadway, the-Lateral traction forces at the tires are the only major contributors to-a-rollover. 14 15 Studies have shown that when a land is offset to one s of the longitudinal centerline of the 16 vehicle, the vehicles rolf stability level in the dtrection of the offset will-be reduced. Also, when the 17 payload weight is large relative to the net weight of the vehicle, the reduction in rollover threshold 18 due to the payload offset approaches the value of the offset divided by the height of the center sof 19 mass above the ground. 28 21 The UMTRI study found that very heavy loads with a high center of gravity have-a low rollover 22 threshold. Tests have shown that rollovers can occur as low as 0.20-g, depending-on the load 23 configuration. The load in this collision did fall near the worst case scenario data. The G loading 24 effect- caused-by the turning movement of the vehicles could have easily caused the payload 25 offset on the Wisconsin traiter. 26 27 Feder guidelines for highway curve design result in lateral accelerations as-high as 0.17 rg at the 28 advisory speed. Moraga. Rd at the.scene of this collision had a roadway speed posted at 35 MPH. 29 Why this speed is Justied by the cent traffic,and engineering survey,-the majority sof vehicles 30 using this roadway are passenger cars and not heavy{ commercial vehicles.. This speed would be 31 safe for a passenger car. Due to the wet roadway surface and the wet rubber- an wet rubber 32 contact between the Gorse.loader and the Wisconsin trailer deck, and the improper tie down sof the 33 loader, the driver of this truckhmiler combination should have been driving as a speed much 34 slower than the poste speed-limit when entering this curve_. 35 36 SUMMARY: PI-Harrington loaded a-Case 7218 loader onto a Wisconsin to long trailer 37 at a jab site near the:City of Moraga. P1-Harrington towed this trailer with V1-Sterling as he drove 38 NtB son lvloracga Rd. PI-Haffington failed to.property secure the Case leader to the trailer. Moraga 39 Rd has a descending grade-HIS and the roadway since was wet.due..to rain. The area between 40 Sky Hy Dr and Hamkn Rd has numerous curves and the lanes are-narrow for a heavy commercial 41 vehicle- PI-Harrington estimated his speed at a steady 30-MPH as her entered the curve-where 42 itis co sign occur d,. rye sir 1.11 NUMEMER DATE RWONEWSNAM �f TR ATF OF CALIFORNto "Aa,"TIVE/ UPPLEMENTAL PAGE i 1 OF ATE OF INCIDENT TIME NCIC NUMBER OFFICERTD,. NUMBER 01/2112003 1526 0700 46502 03-01986 I As V1 -Sterling entered the curve, the lateral acceleration through the curve caused the 2 Case loader to shift to the outboard side of the turn. This load shift caused the Wisconsin trailer to } 3 reach its rollover threshold and roll to the outside of the curve. The Case loader was ejected off 4 the trailer during the roll. The trailer and Case loader separated from V1-Sterling. The out of 5 control trailer and loader caused damage to a guard rail, power pole, and the roadway surface as 6 they slid to their points of rest. Secondary damage was done to V2-lnfi as the power pole was 7 struck by the Case loader and fell across the roadway. 8 9 AREA OF IMPACT: All north/south measurements in this investigation were taken from a :. 10 station line established at a prolongation of the S/Rdwy edge of Tofflemire Cir. All east/west 11 measurements were taken from the E/Rdwy edge of 1Vloraga Rd. 12 13 AOI9 (Wisconsin Trailer vs. Guardrail): 708'9"S/3'6"E 14 A012 (Case Loader vs. Power Pole): 629'2"S/7'551E 15 A013 (Power Pole vs. V'2-Inft): 658'10"S/187W 16 17 CAUSE: P1-Harrington caused this collision by failing to properly secure the Case loader 18 he was transporting to the bed of the Wisconsin tag--along trailer. This is a violation of 19 section 23114(a) of the California Vehicle Code. 1 found a secondary collision factor of 20 unsafe speed for conditions was present in this collision, a violation of section 223501 of the 21 California Vehicle Code. 22 23 RECOMMENDATIONS: 24 254 26 27 28 PREPARED BY I.D.RUN R DATE R EWER'S NAME t3A�E PAUL D. Z1LL 46502 CLAIM. BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY ` BOARD ACTION, JUNE 03, 2003 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 .a 915.4. Please note all"Warnings". AMOUNT: Exceeds :10,000. CLAIMANT: BENJAMINA CORPUS ATTORNEY: DIANNA L. ALBINI DATE RECEIVED: APRIL 29, 2003 ADDRESS: I.A14 OFFICES OF DIANNA L. ALBTNI BY DELIVERY TO CLERK.ON: APRIL 29, 2003 634 SACRAIMENTO STREET, THIRD FLOOR SAN FRANCISCO, CA 94111 BY MAIL POSTMARKED: HAND DELIVERED FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. JOHN SWEET rk Dated: APRIL 30, 2003 By: Deputy 11. FROM: County Counsel TO: Clerk of the Board of Supero sons { 4 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: Z �0 ,, ",�, n K #' i Dated: By: Deputy County Counsel 111. FROM: Clerk of the Board TO: County Counsel (1) County Administrator(2) { ) Claim was returned as untimely with notice to claimant(Section 911.3). IV. BOARD ORDER.: By unanimous vote of the Supervisors present: (X) This Claim is rejected in full. ( } Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: JUNE 03, 2003 JOHN SWEETEN, CLERK, By , Deputy Clerk WANING{Gov. code recti 913} Subject to certain exceptions,you have only six (6) months from the date this notice was personally served or deposite, 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 fulls prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: JUNE 04, 2003 JOHN SWEETEN, CLERK By Deputy Clerl LAw OFFICES OF D ANNA L. ALBINI 654 SACRAMENTO STREET THIRD FLOOR Dianna L.Albini SAN FRANCISCO,CA4111 (415)273-7777 telephone Offices in Sar Francisco April 29, 2003 (4€5)217-7003 facsimile &walnud Creek,California dianna@albinilaw.com www.albintlaw.com VIA HAND DELIVERY Clerk, Contra Costa County Board of Supervisors REX E 651 Pine Street, Room 106 Martinez, California 94553 APR 2 9. 20013 Re: Our Client: Benjamina Corpus CLERK SOAR01 v SUPERVISORS l CONTRA COSTACO. Date of Injury: October 30,2002 THIS IS A CLAIM FOR DAMAGES PURSUANT TO CALIFORNIA GOVERNMENT CODE 910 A GAINST CONTRA COSTA C'OUNTYMADE ON BEHALF OF BENJAMINA CORPUS Dear Clerk of the Contra Costa County Board of Supervisors: I represent Claimant Benjamina Corpus herein in regards to injuries and damages she suffered October 30, 2002. Pursuant to the California Government Code Section 91.0 Benjamina Corpus hereby makes the following claire.against Contra Costa County: (a) The name and past office address of the claimant: Benjamina Corpus; 562 Lincoln Avenue, Alameda, California 94501. (b) The past office address to which the person presenting the claim desires notices to be sent. Attorney Dianna L. Albini, Law Offices of Dianna L. Albini, 654 Sacramento Street, 3rd Floor, San Francisco, California 94111. (c) The date,place and Cather circumstances of the occurrence or transaction which gave rise to the claim asserted: October 30, 2002 at Southshore Center Drive with the intersection of the extension of Whitehall Place in Southshore Shopping Center at an AC Transit bus stop in the Southshore Center parking lot in the City of Alameda, County of Alameda, State of California. Claimant Benjamina Corpus was lawfully standing at an AC Transit bus stop located in the parking lot of the Southshore Shopping Center when she was run over by a 2002 Toyota RAV4 driven by Angelita Perez. Clerk, Contra Costa County Board of Supervisors April 29, 2003 The design,management,maintenance and location of the bus stop constituted a dangerous condition that created a substantial risk of injury and or harm to Claimant Benjamina Corpus when the property and or adjacent property was used with due care and in a reasonably foreseeable manner. Claimant Benjamina Corpus suffered the type of harm and or injury that the design and location of the bus stop created and put her at substantial risk. Contra Costa County had actual and or constructive notice of this dangerous condition. Contra Costa County failed to protect against, repair,remedy or correct this dangerous condition, failed to provide safeguards against the dangerous condition, and failed to warn Claimant Benjamina Corpus. Contra Costa County owned or controlled the AC Transit bus stop and the adjacent property located in Southshore Shopping Center. Contra Costa County controlled the location and design of the aforementioned AC Transit bus stop. (e) The name or names of the public employee or employees causing the injury, or loss, if known: Unknown Contra Costa County employees operating within the course and scope of their employment with Contra Costa County. (f) The amount claimed if it totals less than ten thousand dollars ($10,000.00) as of the date ofpresentation of the claim, including the estimated amount of any prospective injury, damage,or loss, insofar as it may be known at the time of the presentation of the claim, together with the basis of computation of the amount claimed. If the amount claimed exceeds ten thousand dollars ($10,000.00), no dollar amount shall be included in the claim. However it shall indicate whether the claim would be a limited civil case: This is and will be an unlimited civil case with a total amount claimed in excess of$10,000.00. Claimant Benjamina Corpus has incurred approximately$100,000,00 in medical special damages to date, with future medical special damages to be determined. She has also suffered approximately$10,000.00 in last earnings. Claimant Benjamina Corpus has also incurred$5,000,000.00 in non economic damages including pain and suffering. Please contact my office at your earliest convenience so we may discuss resolution of this claim. truly s, 1✓. L ROBERT J. BELES ATTORNEY AT LAw THE oRDWAY BUILDING PHONE (5 10) 836-0100 1 KAISER PLAZA, SUITE 1760 -_---- OAKLAND, CALIFORNIA 94612-3612 FAX (510) 832-3690 Monday, April 28, 2003 County of Contra Costa Contra Costa County Board of Supervisors , 651 Dine Street, Martinez, California Countyof Santa ClaracC r � ?00j s�� Santa Clara County Board of Supervisors4� ; 70 West Hedding Street, San Jose, CA. 95110 CLAIM FOR DAMAGES Claim against: County of Contra Costa, unknown officers and agents of the County of Contra Costa. .r...r...w r..r.w..w.r..r..r r....r r r.r...•.r r s w..r w.........r r..r....•....r..w..w r r.... County of Santa Clara, unknown officers and agents of the County of Santa Clara Claimants" names: Felipe_Moreno Lopez Claimant's address: c/o Robert J. Beles, 1 Kaiser Plaza 1750 Address to which c/o Law Offices of Robert J. Beles notices are to be 1 Kaiser Plaza, Suite 1750 sent: Oakland, California 94612 Tel. (510) 836-0100, fax (510) 832-3690 Oakland, CA 94612-3612 Date and Time of October 29, 2002 to November 5, 2002 Incident: Location of County of Contra Costa and County of Santa Clara Incident: Description of Incident: Claimant had a dispute with his wife and was arrested on the evening of October 28, 2002. On or about the morning of October 29,2002, unknown persons decided that claimant was an individual known as Felipe Luna Moreno, who had a warrant out of Santa Clara County. In reality, Felipe Luna Moreno is a different person. Claimant was held in custody by the Contra Costa County authorities from October 29,2002 to November 5,2002,when he was taken to Santa Clara County. He arrived in Santa Clara County at 12:00 noon and was held 1 in custody by the Santa Clara County authorities until 4:00 pm. Santa Clara County authorities released him when they compared his information to that of Felipe Luna Moreno and learned that Claimant was not the individual named in the warrant. Had Claimant not been unlawfully detained as "Felipe Luna Moreno", he would have been released on the morning of October 29, 2002. As a result of this illegal detention, Claimant lost his job with the Morgan Home and Garden Store and lost wages. Torts Committed: Unknown officers and agents of the County of Contra Costa: Negligent, grossly negligent, reckless, and intentional tortious conduct, negligent and intentional infliction of emotional distress,false imprisonment,unlawful detention,failure to take Claimant before a magistrate within 48 hours,violation of civil rights as protected by the California and U.S.Constitutions, malicious conduct warranting punitive damages. County of Contra Costa: Respondeat superior liability,negligent supervision,hiring,training, and placement of unknown officers and agents,formulation of policies that lead to the events described herein, violation of civil rights as protected by the California and U.S. Constitutions. Unknown officers and agents of the County of Santa Clara: Negligent, grossly negligent, reckless, and intentional tortious conduct, negligent and intentional infliction of emotional distress,false imprisonment,unlawful detention,failure to take Claimant before a magistrate within 48 hours,violation of civil rights as protected by the California and U.S. Constitutions, malicious conduct warranting punitive damages. County of Santa Clara: Respondeat superior liability, negligent supervision,hiring,training, and placement of unknown officers and agents,formulation of policies that lead to the events described herein,violation of civil rights as protected by the California and U.S. Constitutions Damages Incurred: Worry, anguish, humiliation, inconvenience, emotional distress and mental anguish, loss of wages by Claimant, other damages not yet known. Officials, employees, and agents causing damages: Unknown officers and agents of the Counties of Contra Costa and Santa Clara. 2 Itemization of claim: Specials presently unknown Generals In excess of $252000, Superior court to have jurisdiction Attorne 's fees I presentlyunknown Total In excess of $25,000, Su erior court to have jurisdiction r Signed by or on behalf of claimant; Robert J. Beles Attorney for Claimants Dated; Monday, April 28, 2003 3 ROBERT J. BELES ATroarrisx ar Law THE Ormwwr BuiLDiwo PHONE (:510) 8;36-0100 1 RAISL73 PLAZA, SUITE 17507 OAR.I.JLWI), CAMIFORNIA 94612 FAX (5107) 632-36901 Monday,April 28, 2003 County of Contra Costa Contra Costa County Board of Supervisors 651 Pine Street Martinez, CA Re: FELIPE MORENO LOPEZ VS, COUNTY OF CONTRA COSTA Enclosed:CLAIM FOR DAMAGES ( )for your information ( }please telephone ( )for your files ()please read { ) for your review }please comment (Y)Please file and return endorsed ()per your request stamped copy to our office in the self-addressed stamped envelope Thank you for your attention in this matter. Very truly yours, Sara Leon, Secretary for Robert J. Beles CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY j tr+ a BOARD ACTION: JUNE 03, 2003 Claim Against the County, 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 g r J{ 915.4. Please note all"'Warnings". AMOUNT: $14,199.87 AP CLAIMANT: SCOTT CARTER / 1LLCHEN CARTER *, AyR ATTORNEY: MARY BRADSHAW DATE RECEIVED: APRIL 30, 2003 UNKNOWN ADDRESS: SCOTT CARTER BY DELIVERY TO CLERK ON: APRIL 30, 2003 621 A. QUINAN STREEr PINOLE, CA 94564-1620 BY MAIL.POSTMARKED: HAND DELIVERED FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. APRIL 30; 2003 JOHN SWEET e Dated: By: Deputy II, FROM: County CounselTO: Clerk of the Beard ofSupervigtxs (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 910.0. { ) 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: .Elated; � ✓� By: � I- In�-4-1_ Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator(2) ( ) Claim was returned as untimely with notice to claimant(Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present: (.X) 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: JUNE 03, 2003 JOHN SWEETEN,CLERK, By Deputy Clerk WADING(Gov. code section 13) iv Subject to certain exceptions,you have only six (6)months from the date this notice was personally served or depositec 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: .TUNE 04, 2003 , JOHN SWEETEN, CLERK.By Deputy Clerk Claim to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIM'F A. Claims relating to causes of action for death or for injury to perso.n or to per- sonal property or growing crops and which accrue on or before December 31;, 1987, must be presented not Later than the 100th day after the accrual of the cause of action. Claims relating to causes of action for•.death or for injury to person or to personal property or growing amps and which accrue on or after January 1, 1988, must be presented not later than six months after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Govt. Code §911.2.) B. Claims must be filed with the Clerk of the Board at Supervisors at its office in Room 106, County Administration Building, 581 Pane Street, Martinez, CA X4553. 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. i D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal.. Code Sec. 72 at the end; of this form. RE: Claim By Scott Carter Reserved .for Clerk's filing stop Gretchen Carter Mary Bradshaw Co-owners o ) 4661 San Pablo Dam Rd. , E1 Sobrar)te Agair..st the County of Contra Costa or District} i Tiri in m7e i The undersigned claimant hereby manes claim against the County of Contra Costa or the above--nod District in the sum of$ 4-._199.S� and in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact date and hour) d... St ,..t . .. 2. Where did the damage or injury occur? (Include city and county) i i 3. Roar did the damage or injury occur? (Give full details, use extra paper if rewired) i See attached sheet. i 4. whet particular act or omission on the part of county or district officers, servants Or -employees caused. the injury or damage? See attached sheet. I Wnat are the names of county or district officers, servants or employees causing the damage or injury? See attached sheet . What damage or injuries ydo-you claim resulted?(Give full extent ofinjuries or damages claimed. Attach two estimates for auto damage. See attached sheet. 7. How was the amount claimed above computed? (include the estimated amount of any prospective injury or damage.) By adding up the attached bills. ----------,... --- Names --N mes and addresses oZ witnesses. doctors and hospitals. Robbie Rodgers and Bob Zamaroni of Roto Rooter (510) 544-6043 and other workers whose names are unknown to us. No known illness or personal injury at this time. 9. hist the expenditures you made on account of this accident or injury; DAi'E ITEM AMOUNT See attached sheet and copies of invoices. Gov. Code Sec. 910:2 provides: "The claim must be stereted by the claim SENT) NOTICES TO: M a n a-o 7 or b so personi behalf." Name and Address of Managing Owner Scott Carter Claimants Signature 621. A Quinan Street Pinole, CA 94564-1.620 Address Pinnlp, CA TelephoneNo. (510) 741-9400 Telephone No. * * a� N O T I C E Section 72 of the Penal. Cade provides: "Everr,y person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, city or district board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is punishable either by imprisonment in the county jail for a period of not more than one-year, by a fine of not exceeding one thousand ($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. Additional Information on Claim By Scott Carter, Gretchen Carter and Mary Bradshaw 3 and 4. The damage occurred when the County's agent, Ghilloti Construction, trenched for a new County storm drain, cut off the sewer line to the house at 4661 San Pablo Dam Road., El Sobrte, laid the storm drain and refilled the trench and re-paved the road without having reconnected the sewer line that goes to the house. This caused the sewer to back up to the house and leak through a broken pipe under the house. Roto rooter was called out on January 27, 2003 and fixed the broken pipe, believing that would solve the problem. Then on February 22, 2003 Roto Rooter was called again when the tenant complained that the tub was not draining . Over the next eleven days Roto Rooter attempted to clear the line, first replacing a pipe they believed had an impassable blockage, finally concluding the blockage was in the street. When they dug the hole February 26, 2003 they discovered there was no connection between pipe leaving the property and the County's sewer line. Further investigation revealed the pipe terminated at the point where the new storm drain passed by. After communicating with appropriate agencies and authorities, approval was obtained to connect the sewer to the main truck line deep in San Pablo Dam Road. We believe none of this work would have been needed and other defects would not have been discovered, had the County's agent not totally blacked off the sewer line from the property. 5. Unknown to us. However,we have been informed that the contact person at Ghilloti Construction is Ralph Ardito (415)256-1530. We were told the job site foreman was Manny Morales(707) 953-9609. We are informed that the other parties who may have information or responsibility are Chuck Dampier of Harris and Associates and Bob Figorni of the Contra Costa County Department of Public Works. 6. We were prematurely required to replace sewer lines on the property which naturally occurred as part of the trouble shooting phase to find the real source of the problem. We had to pay for the trenching and installation of pipe to bypass the County storm drain and connect to the sewer trunk line. The total cost of all of this work was$ 9. See invoices attached for details. 01/27/03 Roto Rooter $475.37 02/22/03 Roto Rooter $651.00 02/23/03 Roto Rooter $345.50 03/05/03 Roto Rooter $12,725.00 Total: $14,199.87 3 1 I I I � � I PM I �'ci C, I I I { O O O Z i F' CO rev' °i i O1t� t C I i D Of t H m d HCA"AMMO-M4 v 13 II b a — tri W 1 a1 �� F3 '-d - H ice" n rod. I TTI�s f M I A :Z! C I O C i t--4C� � 0 3 H f O j ( t' 1-3 0 �- � o C z m t40 ."d C f l IImi co Cr1 6 i t4 H w Id I H Ld L-j t:7 Ort �;d ! E o cl xi t-d r-3 I 71 d70 4 i 7s; mi I 1 e, I W I - 6601 Owens Drive,Suite 230 8070- Pleasanton,CA 94.588 a 925�475M6.7.54 Fax:925-467-0545 INDUSTRIAL - RESIDENTIAL _ COMMERCIAL - MUNICIPAL Invoice #: B-1.969-03 Inv. bate: 02/23/03 FED ID 94-3055938 P/O # : NONE SUBURBAN MA_n7AGMENT GRETCHEN CARTER 4662 SACT PABLO DAM RD EL SOBRANTE CA 94803 Service at: 4551 SAN PABLO DAVM RD ordered- by._. -GREATHEh'_ ATTEMPTED TO CLEAR CLOGGED SEWER FROM CLEAN OUT UNDER HOUSE. 345 .50 OWNER GAVE PERMISSION OVER PHONE TO LOCATE. LOCATED BREAK IN DRIVEWAY. WILL HAVE ESTIMATE ON MONDAY. SUBTO'T'AL 345 .5,0 TOTAL $ 345. 5C i i Thank You! ALL I1VVOICESRE, DUE G@N.I CELT T. if not paid within 30 days following the date Indicated above,a service charge of 1 112%per month will be charged on overdue accounts,which is 18%annually. In case suit be recommended to enforce payment of any sum due under said invoice, Purchaser agrees to pay reasonable attorney fees to Ibe fixed by court. Please use back for any comments. j Please Detach and Return with Your Payment SUBURBAN MANAGMENT GRETCHEN CARTER _ Invoice #: B-1989-03 4661 SANT PABLO DAM RD � Inv. Date: 02/23/03 EL SOBRANTE CA 94803 P/O # : NONE i 4661 SAN PABLO DAM RD BALANCE DUE.: 345 .56 -k i HOW i c 00M , 6601 Owens Drive,Suite 230 Pleasanton,CA 94588 14 � 1CP � bN SS t � ,sy+. .'+"r .vx'1 � {G.moi. �v.r� � �`✓ $$`,� Y d. �� � bra,. �•, � ��. �� � �� �� �' � t�� . t 6601 Owens Drive,Suite 230 _, _� Pleasanton,CA 94588 925-475-6254 Fax:925-467-0545 INDUSTRIAL 4 RESIDENTIAL W COMMERCIAL - MUNICIPAL Invoice #1: A-2659-03 Inv. Date. 01127103 FED ID 94-3055938 P!O # NOT REQ SUBURBAN MANAGMENT GRETCHEN CARTER (� 4661 SAN PABLO DAY RD EL SOB:RANTE CA 94803 Service at: 4661. SAN PABLO DANE RD Ordered by: 4" SEWER LINE BROKEN" UNDER HOUSE HAD RAW SEWAGE. 4" CAST 440.25 IRON DROPPED Ca END AND OTHER SIDE WAS TOO HIGH DUG A 41, SECTION AND LOWERED. PARTS 32.44 SUB'T'OTAL 472 .69 TAX 2.65 TOTAL $ 475.37 Thcink You! ALL It OICLq ARE,DUE O,iti,'"RECEIPT. if not paid within 90 days Following the date indicated above,a service charge of 1 312%per month will be charged on overdue accounts,which is 18%annually, in case suit be recommended to enforce payment of any sum due under said lnuoice, purchaser agrees to pay reasonable attorney fees to be fixed by court, Please use back for any comments. Please Detach and Return with Your Payment CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY BOARD ACTION: JUNE"03$ 2103 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 xBoard of Supervisors. (Paragraph IV below), given , pursuant to Government Code Section 913 and 15.4. Please note all"Warnings". AMOUNT: IN EXCESS IF $60,000. CDC,:,..N T`' CLAIMANT: ARTHUR TREMBLAY AND MARY NEVINS-TREMBLAY A'T'TORNEY: STEVEN L. RICHIE DATE RECEIVED: APRIL 30, 2003 ADDRESS: LAW OFFICES OF STEVEN L. RICHIE BY DELIVERY TO CLERK ON: APRIL 30, 2003 961 YCNACIO VALLEY ROAD WALNUT CREEK, CA 94596 BY MAIL POSTMARKED: APRIL 29, 2003 FROM: Clerk of the Hoard of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. JOHN SWEET ; Dated: APRIL 30� 2003 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: By: Deputy County Counse 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: (X) This Claim is rejected in full. { } Other: I certify that this is a true and correct copy of the.Board's Carder entered in its minutes for this date. Dated: JUNE 03, 2003 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 deposit{ 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 full prepaid a certified copy of this Board Order and Notice to Claimant,addressed to the claimant as shown above. Dated: JUNE 04, 2003 JOHN SWEETEN, CLERK By Deputy Clei STEVEN L. RICHIE Phone: 925.287-1107 Fax: 925.287-1176 Attomy at Law e-mail: slrlawaastound.net April 29,2003 VIA FEDERAL ExPRLss ` .: H County of Contra Costa c/o Clerk of the Board of Supervisors County Administration Building `�'`� R 651 Pine Street, Room 106 Martinez, California 94553 Re: Claim for damage to personal and real property Claimants: Arthur Tremblay and Mary Nevins-Tremblay Date of Loss: December 2, 2002 Location: 2037 Highland Drive, Concord Dear County of Contra Costa: Arthur Tremblay and Mary Nevins-Tremblay, husband and wife, (collectively referred to herein as "Claimants") hereby make claim against the County of Contra Costa and makes the following statements in support of the claim: I. Claimants'post office address is 2037 Highland Drive, Concord,California 94520. 2. Notices concerning the claim should be sent to: Steven L. Richie, Esq. Law Offices of Steven L. Richie 961 Ygnacio Valley Rd. Walnut Creek, CA 94596 3. The date of the occurrence giving rise to this claim is December 2, 2002, and the place of the occurrence was Claimants' residence at 2037 Highland Drive, Concord, California and the neighboring property to the west, 2033 Highland Drive, Concord, California. 4. The circumstances giving rise to this claim are as follows: On December 2, 2002, at about 3:44 a.m., the residence at 2033 Highland Drive, Concord, California caught fire. In the side yard of the 2033 Highland Drive residence, between such residence and Claimants' residence, debris and garbage had been piled to above the height of the fence. The fire in the residence caused this debris and garbage to catch fire, which in turn, caused and allowed the fire to spread to Claimants' residence at 2437 Highland Drive. Claimants' residence caught fire, resulting in substantial damage to the structure and Claimant's personal property. 961 YGNACIO VALLEY ROAD + WALNUT CREEK + CALIFORNIA • 94596 County of Contra Costa c/o Clerk of the Board of Supervisors April 29,2003 Page 2 Claimants are informed and believe that prior to December 2, 2002, the County of Contra Costa undertook a neighborhood beautification campaign and inspected the property at 2033 Highland. Drive. At the time of the inspection, the debris and garbage in the side yard was readily visible to the inspector(s). Claimants are informed and believe that the inspector(s) issued a citation to the residents of 2033 Highland Drive for unknown violations. Had such inspectors required the removal of the debris and garbage in the side yard at 2033 Highland Drive, the fire on December 2, 2002 would not have spread to Claimants'residence. Additionally, Claimants are informed and believe that the County of Contra Costa was involved with the rental of the residence at 2033 Highland Drive as low income housing. As such, the County of Contra Costa should have supervised the use of the property and prevented the dangerous conditions that led to the inception of the fire and the spread of the fire to Claimants'residence. 5. Claimants' damages include smoke and fire damage to his home and personal belongings. Detailed lists of the damaged property have been prepared by Claimants and their insurance company but are not currently available to them. Upon request, Claimants will endeavor to obtain copies of such lists and provide them to the County of Contra Costa. 6. The names of the public employees causing Claimants'injuries are unknown. 7. Claimants'claim as of the date of this claim is in an amount that would place it within the Unlimited Jurisdiction of the Superior Court. The claim is based on damage and loss in an amount to be proved later,but in excess of$60,000. We look forward to your prompt response to this claim. Sincerely, �h Steven L. Richie, on behalf of Claimants Arthur Tremblay and Mary Nevins-Tremblay SLR/sr cc: Mr. Arthur Tremblay