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MINUTES - 03092004 - C.21
CLAD BOARD gF§UPERVISORSOFCONTRA COSTA COUNTY MARCH 09, 2004 BOARD ACTION;1A.CH-WI-20€4 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 Cedes. ) notice of the action taken on your claim by the Beard of Supervisors. (Paragraph IV below), given Pursuant to Government Code Section 913 and 915.4. Please note all"Warnings". AMOUNT: $1,219-33 CLAIMANT: MARTHA7PERRY ATTORNEY; UNKNOWN DATE RECEIVED: JANUARY 28, 2004 ADDRESS: 25 ANCHOR DRIVE BY DELIVERY TO CLERK ON:JANUARY 28, 2004 PAY POINT, CA. 94565 RECEIVED THRU INTER BY MAIL POSTMARKED: OFFICE FAIL FROM HEALTH SERVICES FROM: Clem of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. JOHN SWEETS erlt Dated: JANUARY 28, 2004 By: Deputy II. FFRC3M: County Counsel. TO. Clerk of the Board of Supe stirs (;''This claim complies substantially with Sections 910 and 910.2. j { } This Claim FAILS to comply substantially with.Sections 914 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 Cleric 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: " 8 1 3'.� Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel(1) County Administrator(2) ( ) Claim was returned as untimely with notice to claimant(Section.911.3). IV./BOARD ORDER: By unanimous vote of the Supervisors present: ( This Claim is rejected in full. ( ) Other; I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: AW-4 *,_94 JOHN SWEETEN, CLERK., By , Deputy Clerk WARNING(Gov. code sect' n 913) Subject to certain exceptions,you have only six(6) Claim to. BOARD 01F SUPERVISORS OF CONTRA CRISTA COUNTY INSTRUCTIONS TO CLAIKUIT A. Claim relating to causes of action for death or for injury to person or to per- sor.al property or growing craps and which accrue on or before December 31, 1987, must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue: on or after January 1, 1988, must be presented not later than six months after the accrual of the cause of action. Claims relating to any ether cause of action must be presented not later than one year atter the accrual of the cause of action. (Govt. Code §9111 .2.) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 1016, County Administration Building, 651 Rine Street, Martinez, CA 94553. . C. if claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. ' Fraud. See penalty for fraudulent claims, renal, Cade Sec. fit at the end of this form. RE: Claim By Reserved for Clerk's filing std rERIECEIVED Ainst the County of Contra Costa ) ga204 orCtERS"tr E FS"F3 RVIO RS District) Fill in name The undersigned claimant hereby, makes claim against the County of Contra Costa or the above—named District in the sum of $ /.�/9• 0�? and in support of this claim represents -as follow 1. When did the damage or injury occur? (Give exact date and h ) 2. Where dict the damage or inJ occur? (Include city and county) 14*17 3. Hoer dial the damage orinj y occur? (Give fall. details; u extra paper if 4. What particular act or omission on the part of county or district officers, servants or .employees caused. theinjury or damage? _ 7. Wriat are the games of nounty or d'-.ztrict officers, servants or employees causing the damage or injury? 5. What damage or injuries do you claim resulted? (Give full extent of injuries or claim IVch two estimates for aux o damage. 7. How was the amount claimed ab e computed"? (Include the estimated amount of any prospective injury or damage.) r l j $. �Name4 andEyddresses of witnesses, doctors and hospitals. 9. Last the xpenditures you made on account of this accident or injury: LATE l"t' M AMOUNT Gov. Code Sec. '91G:2 provides: "The claim must be signed by the claimant SEND NOTICES T3: (Attorney) or by some person on his.behalf." Name and Address of Attorney C aimant's Signat+ Address Telephone No. Telephone No.2j * * iF �F � N O 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 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 it the state prison, by a fine of not exceeding ten thousand dollars ($100000, or by both such imprisonment and fine. Date: 1127104 07:39 AM Estimate ID: 23992 Estimate Version: 0 Preliminary Profile 10: Mitchell JIM'S ALIF. AUTO BODY, INC. 1615 WROTH STREET Antioch,CA 94509 (925)754-7600 Fax; (925)754.3614 Tax ID: 94-2227228 BAR* AH134092 EPA#: CA0983607624 Damage Assessed By: TINA MCILVAINE Deductible: UNKNOWN Insured: MARTHA PERRY Address: 25 ANCHOR DRIVE BAY POINT,CA 94565 Telephone: Work Phone; (925)427-8110 Home Phone: (925)458-1408 Mitchell Service: 918488 Description: 1995 Oldsmobile Achieva S Body Style: 4D Sed Dr€ve Traln: 3.1 L lnj 6 Cyl AO VIN: 103NL65MISM360867 License: 4GNH336 CA Mileage: 96,381 OEMIALT: O Search Cade: None Color: RED "ALL CRASH PARTS ON THIS ESTIMATE ARE NEW—OEM(DRIGINAL EQUIPMENT MANUFACTURER)UNLESS OTHERWISE SPECIFIED . PARTS DESCRIBED AS RECHROMED ,RECORED ,OR REMANUFACTURED ARE EITHER RECONDITOINED OR REBUILT . PARTS THAT ARE DESCRIBED AS QUAL REPL PART,AND QRP CAPA, ARE NON—OEM CRASH PARTS . Ine Entry Labor Line Item Part Type/ Dollar Labor 'tem Number Type Operation Description Part Number Amount Units 1 900500 BDY* ADD'L LABOR OP ATTEMPT TO BUFF SCRATCHES ON _ Existing _ 1,5* 2 HOOD,LT FND,LT FRT DOOR(.51 PNL) 3 822140 BDY REPAIR ROOF PANEL Existing 4.5*# 4 AUTO REF REFINISH ROOF PANEL C 3.0 5 900500 BDY* ADD'L LABOR OP ROPE BACK GLASS Existing 0.5* 6 900500 GLS* REMOVE/REPLACE WINDSHIELD Sublet 250.00* 0.0* 7 AUTO REF ADD'L OPR CLEAR COAT 1.2* 8 933003 REF ADD'L OPR TINT COLOR 0.5* 9 933018 REF ADD'L OPR MASK FOR OVERSPRAY 0.4* 10 AUTO ADD'L COST PAINTIMATERIALS 141.00* 11 AUTO ADD'L COST HAZARDOUS WASTE DISPOSAL 4.70* *-Judgement item #-Labor Note Applies C-Included in Clear Coat Calc ESTIMATE RECALL NUMBER: 1127104 07:35;01 23992 UltraMate Is a Trademark of Mitchell International Mitchell Data Version: JANd04_A Copyright(C)1994.2003 Mitchell international Page 1 of 3 UltraMate Version: 5.0.021 All Rights Reserved Date: 1127104 07:39 AM Estimate ID: 23992 Estimate Version: 0 Preliminary Profile ID: Mitchell Add'1 Labor Sublet 1. Labor Subtotals Units Rate Amount Amount Totals Ii. Part Replacement Summary Amount Body 6.5 70.00 0.00 0.00 456.00 Non-Taxable Parts 250.00 Refinish 5.1 70.00 0.00 0.00 357.00 Total Replacement Parts Amount 250.00 Non-Taxable Labor 812.00 Labor Summary 11.6 812.00 Ill, Additional Costs Amount N. Adjustments Amount Taxable Costs 141.00 Customer Responsibility 0.00 Sales Tax @ 8.250% 11.63 Non-Taxable Costs 4.70 Total Additional Costs 157.33 1. Total Labor: 812.00 11, Total Replacement Parts: 250.00 lll. Total Additional Costs: 157.3:' Gross Total: 1,219.32 IV, Total Adjustments: 0.0(1 Net Total: 1,219.3v This is a Preliminary estimate. Additional changes to the estimate may be required for the actual repair. AUTHORIZED AND ACCEPTED : You are hereby authorized to make the above specified repairs ,I understand that payment in full will be due upon release of vehicle ,including additional supplemental damage charges , and hereby grant you and/or your employees ,permission to operate the car, truck or vehicle herein described on street , highways or elsewhere for the purpose of testing and/or inspection . An expressed mechanic Is lien is acknowledged on above car,truck or vehicle equal to the amount of repairs thereto , You will not be responsible for loss or damage to vehicle or articles lost in vehicle in case of fire , s theft,accident or any other cause beyond your control . ALL OLD/DAMAGED PARTS REMOVED FROM VEHICLE WILL BE DISPOSED OF UNLESS REQUEST OTHERWISE PRIOR TO REPAIRS . ******* NO CREDIT CARDS ACCEPTED ***** REPAIRS AUTHORIZED BY DATE ESTIMATE RECALL NUMBER: 112710407.39:01 23992 UltraMate is a Trademark of Mitchell International Mitchell Data Version: JAN_04_A Copyright(C)1994-2003 Mitchell International Page 2 of 3 UltraMate Version: 5.0.021 All Rights Reserved Date: 1127104 07:39 AM Estimate ID: 23992 Estimate Version: 0 Preliminary Profile ID: Mitchell ESTIMATE RECALL NUMBER: 1127104 07:39:01 23992 UltraMate is a Trademark of Mitchell International Mitchell Data Version: JAN_04_A Copyright{C}1994-2003 Mitchell International Page 3 of 3 UltraMate Version: 5.0.021 All Rights Reserved .. - CLAIM / Y B!2ARD OF SVPERVISORS OF CONTRA COSTA COUNTY MARCH 09, 2004 BOARD ACTI0N:MARS-2t; -26 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 CYovenrment Cade Section 913 and 915.4.Please note all"Warnings". AMOUNT: UNKNOWN CLAIMANT: PHIL LEWIS AND RENEE FLASK ATTORNEY: J. HADRIAN KLINKNER DATE RECEIVED: JANUARY 29, 2004 ADDRESS: 235 REFLECTIONS DRIVE, SUITE 4Y DELIVERY TO CLERK ON: JANUARY 29, 2004, SAN RAMON, CA 94583 HAND DELIVERED BY BY MAIL POSTMARKED: COUNT' COUNSEL FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. JOHN,SWEE erk Bated: JANUARY 29, 2004 By: Deputy II. MOM; CountyCounsel, TO Clerk of the Board of SuperAsors { } This claim complies substantially with Sections 910 and 914.2. { s Claim FAILS to comply substantially with Sections 910 and 914.2, 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: 1. Dated: - _. By: - '''� r ' Deputy County Counsel III. FROM: Clerk ofthe 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: (v This Claim is rejected in full. { } Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: JOHN SWEETEN, CLERK, By , Deputy Clerk WARNING(Gov. code se on 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 9€5.6. 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: t JOHN SWEETEN, CLERK By Deputy Clerk OFFICE OF THE COUNTY COUNSEL 51i.VANO B.MARCHES[ COUNTY OF CONTRA COSTA Fyi COUNTY COUNSEL Administration Building ✓, 651 line Street, 91" Floor � ; ' � � �Tx� SHARON L. ANDERSON Martinez, California 94553-1229 }f y' / to w2 CHIEF ASSISTANT GREGORY C. HARVEY (925) 335-1800 VALERIE J. RANCH€ (925) 646-1078 (fax) ° 3y` AssIsrArs NOTICE OF INSUFFICIENCY AND/OR NON-ACCEPTANCE OF CLAIM TO: J. Hadrian Klinkner, Esq. Klinkner& Jimenez 235 Reflections Drive, Suite 24 San Ramon, CA 94583 RE: CLAIM OF: PHIL LEWIS and RENEE FLASK 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 Code Section 910 and 910.2, or is otherwise insufficient for the reasons checked below: [X] 1. The claim fails to state the name and post office address of the claimant. [X] 2. The claim fails to state the post office address to which the person presenting the claim desires notices to be sent. [X] 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. [X] 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 ($10,000),the claim fails to state the amount claimed as of the date of presentation, the estimated amount of any prospective injury, damage or loss so far as known, or the basis of computation of the amount claimed. [ ] 6- The claim is not signed by the claimant or by some person on his or her behalf. [X] 7. You are required to submit your claim on the proper form,which is enclosed. Please resubmit your claim on the enclosed form, including all the required information. Gov. Code, § 910.4. Please be aware that you have only a limited period of time in which to file an amended claim. See Gov. Code, § 910.6. Page 1 J. Hadiran Klinker, Esq. Re Claim of Phil Lewis and Renee Flask Page Two 8. Other: SILVANO B. MARCHESI COUT$TY COUNSEL r By: Deputy County Counsel CERTIFICATE OF SERVICE BY MAIL (C.C.P. §§ 1012, 1013a,2015.5;Evidence Code§§641,664) 1 declare that my business address is the County Counsel's Office of Contra Costa County,651 Pine Street,Martinez, California 94553;1 am a citizen of the United States,over 18 years of age,employed in Contra Costa County,and not a party to this action. 1 served a true copy of this Notice of Insufficiency and/or Nonacceptance 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: , dall" at Martinez,California. cc: Clerk of the Board of Supervisors(original) Risk Management (NOTICE OF INSUFFICIENCY OF CLAIM:GOVT.CODE§§910,910.2,920.4,910.8) Page 2 }7�y(�LAW On-ICES OF +y Rua RAMON,CA 95W MEMONZ 92S-244-3s3 n Harvey January 12,200 � JAN 2 8 2004 t Daniel Crenun,M.D. ' 719 West I St. Benicia,CA 94510 RE: Cl€sra L Cale Medical Record Number 77.25.75.7 Bear Dr.Cremin: I have been retained by PML LEWIS and RENEE FLASK1regarding the death of their mother,CLORA L.COLE who was one of your patients. t In accordance with section 364 of the Cade of Civil Procedure,you are notified that on or afkT 90 days from the date ofthis noti CLAIM BQARI 1"SEPERYISQ&S OF C2NTRA COSTA COUNTY Mali 09,;, 2004 BOARD Ag1TI0N-.KAReh-E)R-;-2@64 Claim Against the County,or District Governed by ) the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section references are to } The copy of this document mailed to you is your California Government Codes. ) notice of the action taken on your claim by the .Board of Supervisors. (Paragraph IV below), given Pursuant to Government Code Section 913 and 915.4. Please note all"Warnings". AMOUNT: $3,000.000. CLAIMANT, CAROLYN BLANCO AND GREGORY BLANCO ATTORNEY: GREGORY D. RUEB DATE RECEIVED: .JANUARY 30, 2004 ADDRESS; 1401 WILLOW PASS ROAD, SUITE 880 BY DELIVERY TO CLERK.ON:,JAN(JARYY 30, 2004 CONCORD, CA 94.520 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 e Dated: JANUARY 30, 2004 By: Deputy IT WO-M: County Counsel. TO: Clerk of the Board of Supe sors ( }'This claim complies substantially with Sections 914 and 910.2. , { ) This Clain FAILS to comply substantially with Sections 914 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: X71 Dated:Bated: ' °` 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. 140ARD 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: ? ++" " JOIN SWEETEN,CLERK, By , Deputy Clerk WARNING(Gov. codes tion 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 per ury 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: Ar" !Y-4 JOKY SWEETEN,CLERK By Deputy Clerk RECEIVED E Gregory D. Rueb, Esq. SBN 154589 1401 Willow Pass Road, Suite 880 LCLERK :CFSUPERVISORS 4 2 Concord, CA 94520 Tel. (925} 602-3400 Fax. (925} 602-0622 T . Attorney for: 5 CAROLYN BLANCO and GREGORY BLANCO BEFORE THE BOARD OF SUPERVISORS 6 COUNTY OF CONTRA COSTA MARTINEZ 7 6 IN THE MATTER OF CLAIM OF } 9 CAROLYN BLANCO and GREGORY 10 BLANTCO, } 11 Claimant, } 2 } i vs. 13 1 CONTRA COSTA COUNTY BOARD OF SUPERVISORS AND CONTRA COSTA ) 14 COUNTY SHERIFF'S DEPARTMENT, 15 } 16 1, Pursuant to Government Code Section 910, claimant Carolyn Blanco and Gregory Blanc is presents the following claim against the Contra Costa County Board of Supervisors and the 19 Contra Costa Sheriff's Department: 20 21 1. Claimants' address is I Widmar Court, Clayton, CA 94517. i 22 2. Claimants' desire notice of this claim be sent to: Clerk of the Board of Supervisors 23 Contra Costa County, Room 106, County Administration Building, 651 Pine Street 3 24 Martinez, CA 94553, 25 3. The date, place, and circumstances of the occurrence giving rise to this claim are a 26 27 follows: On August 4, 2003, claimant, Carolyn Blanco was driving southbound o 28 Hillcrest Avenue in the city of Antioch in her 1997 Honda Accord. As she drove throug 1 4 the intersection at East 18`x' street, she was broadsided by a vehicle that was traveling 2 approximately 60-80 miles per hour. The driver of that vehicle was Angelo Lewis, who 3 was being pursued by Contra Costa Sheriffs Deputies assigned to the Oakley Police 5 Officers and an off-duty Sheriffs deputy. The alleged reason for the pursuit was the 6 i vehicle was reported stolen and the Oakley Police had tried to conduct a traffic stop in the 7 city of Oakley. Claimants are alleging negligence by the on duty deputies as well as the 8 off-duty deputy. This is memorialized in Sheriffs report number 03-21628, Antioc a Police Department number 03-7436. 1 4. Claimant, Carolyn Blanco, has suffered the following injuries: Three fractured ribs, five 1-2 fractures to her pelvis, traumatic brain injury, and a collapsed lung. She continues t 33 f i receive medical treatment for her injuries, and thus far, her medical bills are 24. approximately $500,000. Claimant, Gregory Blanco, has suffered loss of consortium. 15 E is ' 5. The names of the public employees causing the injury, damage or loss are: Contra Cost 17 Sheriff's Deputy David Besag (who was off-duty), and Deputies Jason Jacobo, Jos 18 Rivera, and Robert Roberts who were assigned to Oakley Police Department. 19 6. The amount of the claim for past and future medical expenses, past and future pain an 20 21 suffering, and past and future loss of employment is $3,000,000. 22 DATED: 30 0r 23 -- - w•�- Gregory D. Rueb 24 Attorney for Claimant 25 26 27 28 2 CLAIM • OZ/ BOARD OF SUPERVISORS OF CONTRA COS'T'A COUNTY MAR H 09, 2004 BOARDACTION,A t H.-92;-2 4 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 Beard of Supervisors. (Paragraph IV below), given Pursuant to Government Code Section 913 and 915.4. Please note all"'Warnings". AMOUNT. UNKNOWN CLAIMANT: BLACKHAt4K HOMEOWNER'S ASSOCIATION AND COUNTY CLUB A`1` BLACKHAWK IMPROM4ENT ASSOCIATION, INC. ATTORNEY: ROBIN L. BAY DATE RECEIVED: JANUARY 30, 2004. ADDRESS: BERDING & WEIL, LLP BY.DELIVERY TO CLERK ON: JANUARY 30 2004 3240 STONE VALLEY ROAD WEST, ALAMO, CA 94507-1.558 BY MAIL POSTMARKED: HAND DELIVERED BY COLliMCOUNSEL FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. JOHN S� E E Jerk Dated: JANUARY 0, 2004 By Deputy II, FkO7 County Counsel,. TO- Clerk of the Board of Su ervisors (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 Bogard 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? Bye `p'' f , ` P. 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 OARD ORDER: By unanimous vote of the Supervisors present: ( This Claim is rejected in fall. ( ) Other; I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated. 4rZV4* !!e e4evel JOHN SWEETEN, CLERK, By , Deputy Clerk WARNING(Gov. code section 913) Subject to certain exceptions, you have only sic (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 per ury 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 Carder and Notice to Claimant, addressed to the claimant as shown above. Dated: . OfP JOHN SWEETEN, CLERK By Deputy Clerk i We ED R 0 1 U IIF L C( SAN FRAM ' 3 U 2004 SACRAMENTO,CA SAN FRANCISCO,CA wt.ER{4{i'�-.^.° 4 ,,,.�,,,,,,w. SCOTTSDALE, Az i uhf E Q� A ERViSORS -C January 20, 2004 Blackhawk Geologic Hazard Abatement District c/o Richard Short 4125 Blackhawk Plaza Circle, Suite 103 Danville, CA 94506 Re: Lowe v. Blackhawk HOA, et al. Contra Costa County Superior Court; Case No. CO 300394 Dear Sir/Madam, Please be advised that we represent Blackhawk Homeowners Association and Country Club at Blackhawk Improvement Association, Inc. Blackhawk and Country Club, a sub- association, have been served with a summons and complaint in an action entitled Darlene Lowe v. Drill Tech Drilling & Shoring, Inc., et al, Contra Costa Superior Court No. CO 300394. A copy of the summons and complaint is enclosed for your reference. This action apparently arises out of work done by and on behalf of the Blackhawk Geologic Hazard Abatement District (CHAD) by Drill Tech and other contractors and sub-contractors. The work was done pursuant to licenses and other agreements executed by GRAD, its contractors, Blackhawk and affected homeowners and involved open space property near Sequoia/Conifer Terrace, Danville, California, Assessor's Parcel No. 203-740-007. I enclose pertinent copies of such agreements for your review. As can be seen by perusing the enclosed agreements, GRAD and its contractors agreed to defend, indemnify and hold harmless Blackhawk HOA from any and all potential liability concerning the work in question. In addition, it was agreed that Blackhawk HOA would be named an additional named insured on the liability policies covering GRAD and its contractors for the work in question. j&j5(=3Vq .IAN 2 3 2004 CC LINTY CouNSEL MARTINEZ, CALIF 3240 STONE VALLEY ROAD WEST,ALAMO,CALIFORNIA 94507-1558 TELEPHONE:925.s3a.2090 FAX:925.820.5592 www.bording-weli.com Blackhawk Geologic Hazard Abatement District January 12,2004 Page 2 In light of the agreements discussed above, Blackhawk hereby tenders the summons and complaint served upon it to you for defense and indemnity and demands that the agreements be honored. Please acknowledge in writing your unconditional acceptance of this tender at your earliest convenience. Very truly yours, BERDING & WEIL LLP Robin L. Day �l RLD:ko Enclosures 0AWI7OM078018 Wetter\00348774DOC II - I . P 1v0V-2U-1J;J Page 2 Recording requested by- Blackhawk Geologic.Hazard Abatement District �''�J � '1�- "I"I When recorded return to, Blackhawk Geologic Hazard Abatement District C/o William R, Gray&Co., Inc. General Manager 1820 Boma St., Ste. 204 Walnut Creek, CA 94596 4 t . ..Asscssor5s Parcel No. 203-760-021 LICENSE AGREEMENT FOR LANDSLIDE REPAIR THIS AGREEMENT is made and entered into this 30fG, clay or � , 2001, 3y argil between the Blackhawk Homeowner Association(referred to as "OWNER")and Blackl iawk .GEOLOGIC HAZARD ABATEMENT DISTRJCT,apolitical subdivision of the State of California(referred to as "GHAT)")- WITNESSETH: DIAD was formed tinder Section 25500 and following of the Public Resources Code for rh . p i tpose of abating geologic hazards in the Blackhawk area. OWNER ovens certain real property within the boundaries of GHAO, in the open space pro rty near Sequoia/Conifer Terrace,Danville, California, (Assessor's Parcel No. 203-740-007)shown in Exhibit A attached hereto (referred to as the"Property"), which property is affected by a landslide. OVrNER has requested that GHAD assist OWNER by repairing the landslide on the Propert j, and CHAD is willing to perform the necessary repair work under the terms and conditions a,this Agreement. The purpose of this Agreement is to set forth the arrangement between the parties for the landslide repair work,as described in Exhibit B attached hereto {referred to as the "Work"}. NOW, THEREFORE, the parties agree as follows: L, OWNER grants to CHAD, its officers, employees, agents, contractors,and consult s an irrevocable license to enter upon that portion of the.Property descrihed or shown in Exhibit C attached hereto (referred to as the"Repair Area")and to perform the Work f,igense Agreement-Sequoia/Conifer Project Page I of 8 Slackbawk Hanieownm Association 4 1 the coon. The permission hereby granted shall include without limitation the right tc bring labor, equipment,vehicles,and supplies into the Repair Area and to perform all operations necessary or convenient to eromplete and maintain the Work, including e permanent installation, drilling and placement of such ge ate chrdcal devices includix g,but not limited to, tiebacks or metal rods extending into the soil and underneath the Pro erty. 2. The irrevocable licenses granted.hereby shall commence on the effective date of thi Agreement. The irrevocable licenses perr dning the bringing of labor, equipment, vehicles and supplies into the Repair Arra shall continue until December 31,2003, or until the"Work is coraplet4 whichever occurs first. The irrevocable licenses p inn the permanent installation,drillings.placement and future maintenance of such geotechnical devices including,but not limited to,tiebacks or metal rods extending nto the sail and underneath the Property shall continue indefinitely for as long as;said facilities remain installed and in place. GHAD shall have the right to terminate this Agreement upon 10 days notice to OWNER. 3. Should a future landslide occur on the Property,whether such landslide represents a reoccurrence of the landslide covered by this Agreement or constitutes-a new landsli de, GHAD,in its sole discretion,may deckle to repair such landslide, but shall not be required to do so. Nothing in this Agreement shall be deemed to impose on GHAD in obligation to repair future landslides on the Property or elsewhere within the boundaries of CHAD. 4. A. The releases and indemnification set forth in subparts D,1,, F, 0,and H oft is section are for the sole benefit of CHAD and the ether entities and persons JR-ted therein and are not intended to apply to the contractor, subcontractor and the engineering consultants hired by CHAD. OWNERS shall retain,all remedied that OWNER otherwise has against the contractor, subcontractor and engineering consultants hired by CHAD. B, The construction contract for the Work shall contain language requiring the 3 contractor to provide indemnification and liability insurance covering O R to the Mine extent as that provided to GRAD. The contractor shall be required o :s provide an inm=cc certificates or endorsement-naming O'VVNER.as addition insured. The insurance shall provide:coverage for personal injury or death au d property damage occurring during the performance of the Work and used negligence of the contractor or subconouto s. C. .Except as provided otherwise in subparts D and E of this section,CHAD shi l defend, indemnify, save,and hold harmless OWNER from liability,claims, actions,causes of action or demands whatsoever for personal injury or death d property damage(as limited by subpart H of this section) occurring,during the performance of the Work and caused by the sole, active negligence or willful misconduct of CHAD. License Agreement--Sequoia/Conifer Project Pagel of 8 Blackhswk Homeowners A ocintion D. OV*rNER.acknowledges that entry into the Repair Area carries with it a cer ain risk and agrees to release,defend, indemnify, save,and hold harmless G , Centra Costa County, William R. Gray and Company,Inc.,Sands Construc tion Company,Inc., and their officers,agents,and emmploym from any liability, claims, actions,causes of action or demands whatsoever,,for death of,or in ury to,. OWNER,members ofOWNER's family, or OWNER's invitees while pres ant in .; the Repair Areaa during the performance of the Work, except for liability resulting ; from the sole, active negligence or willful misconduct of GRAD. E. GHA.D will instruct its contractor to take precautions during the performan a of the Work to try to avoid causing additional or neer damage to the Property or to ; the improvements located thereon(landscaping, fencing, walls, sprinklers,I iatios, walkways, decks, pools, structures,residence, etc.). However, OWNER understands and agrees that GPIAD shall not be held responsible or Iiable for damage or inconvenience during the performance of the Work resulting froin obstruction of access,noise,dust,vibrations, fumes, cracking,settlement, excavation,or other inherent or incidental effects of the '4'V"ork or the instabi Ity or other condition of the Property,and OWNER knowingly waives the right to make any claim against CHAD, Centra Costa County, William R. Gray and Coml I iany, Inc., Sands Construction Company,Inc.,and their officers, agents, or emplayees for such damage or inconvenience,and fully and finally releases them from the same. F. OWNER understands and agrees that there is no guarantee that the repair of the landslide and other auxiliary features will be adequate to prevent the landsli e from re-occurring or to prevent new or additional damage from occurring to the Property or the improvements located thereon. Once the Work has been completed and accepted by Gam,OWNER knowingly waives the right to make any claim against GRAD, and their officers,agents, or employees for any damage, injury, or death occurring or manifesting itself after such acceptance and resi ilting from,or in any way connected with,the Work, and fully and finally releases them from the sarric. G. OWNER expressly waives all rights provided by Section 1542 of the Califol nia Civil Code, which provides as follows. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR.DOES NOT XNOW OR SUSPECT TO EXIST IN HIS FAVOR.AT THE TIME OF EXECUTING THE RELEASE,WHICH IF KNOWN uY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. H. For any damage to or destruction of any portion of the Property or the improvements located thereon,OWNERS' sole remedy shall be limited to recovery of the reasonable,actual cost of repair,replacement, or diminution in value,whichever is less,and under no circumstance shall OWNER be entitled to recover consequential or special damages or for License Agre nt—Sequ©ia/Conifer Project Page of 8 Biackhawk Homeowners Association 1 c-rr.�IL oy. o.LduAllawx t UA) ( �) lab-8386; NOV-20-03 12:29PM; Page 5 ' t .t any damages based an emotional distress, loss of use,revenue,profits, or business opportunities. 8. This Agreement and each and all of the covenants herein contained shall inure to the benefit of and be binding upon the successors and assigns of the respective parties iereto.: 9. This Agreement shall be subject to modification or amendment only by the written mutual consent of both parties. 10. A. All notices under this Agreement shall be in writing. Notice shall be suflic enntly A given for all purposes as follows: (1) When delivered by first class mail,postage prepaid, notice shall be deemed delivered three(3)business days after deposit in the United States Mail. (2) When mailed by certified mail with return receipt requested,notice s effective on receipt if delivery is confirmed by a return receipt, (3) When delivered by overnight delivery by a nationally recognized ov might: courier,notice s13all be.deemed delivered rine (1)business day after deposit with that courier. (4) When delivered by telecopy or similar means, notice shall be deems delivered one(1)business day after the day it was transmitted by telecopier or similar means,provided that a transmission report is :z generated by reflecting the accurate transmission of the notices. (5) When personally delivered to the recipient,notice shall be deemed delivered on the date personally delivered. B. The place for delivery of all notices given under this Agreement shall be as follows: OWNER: Slackhawk Homeowners Associadon 4125 Blackhawk Plaza Circle, Suite?30 Danville, CA 94506 GHAD: William R. Gray&Co.,Inc. 1820 Bonanza Street,Suite 204 Walnut Creek, CA 94596 Facsimile—(925)947=3177 or to such other addresses and facsimile numbers as any party may respectiv 1y designate by written notice to the others. License Agreement—Sequoia/Conifer Project Peg 4 of 8 Blackhawk tiovs Association 11. This Agreement shah not be construed as if it had been prepared by one of the parfles,but: rather as if both parties have prepared it The parties to this Agreement and their c unsel have read and reviewed this Agreetrient and agree that any rule of construction tot ie effect that ambiguities are to be resolved against the drafting party shall not apply 6 the interpretation of'this Agreement. 12. If any term or provision of this Agreement shall,to any extent-be held invalid or unenforceable,the remainder of this Agreement shall not be affected. u 13. The termination of this Agreement shall not affect the provisions of Sections 4,5, nd b of this Agreement, which shall survive such termination. 14. It is understood that this document contains the entire agreement between the partit Ls hereto relating to the landslide repair work and the use of the Property and any otht r understandings or agreements,oral or written, of whatsoever nature concerning the matters contained herein are superseded by this Agreement and are hereby abrogatc d and nullified. y IN WITNEyS WHEREOF, the parties Hereto have executed this License,in duplicate, the y and year first above written. Blackh2wk Homeowners ssociation William H. Gray and Company,Inc. %" W TE ') General.Manager, Btackhawk Geol gic ,., Hazard Abatement District("GRAD"') Owner Name By President .Approved as to form: Silvacno IMarrchesi, County Counsel Ey Deputy License Agreement—Sequoia/Conifer Project pagt 5 of g Biackhawk Horneown=s Association t t E I i A t Description of Property The real property located between Sequoia Terrace and Conifer Temce,Danville, Cali .3mia (APN 203-740-437) as shown on the following map: AWK aZi tlC�AIE@t�ttlE4t3 ASSOCEATION PROPERTY ' rN TO St ALI • 5 JT :s uy, tayaurul wr' MuKi ( � f 1 f -�f:323t � NOV-20-03 12:29PMj Page 8 Exhibit$ Description of Work Repair landslide through permanent installation, drilling and placement of geotechnical dev ices including,but not necessarily limited to, steel cable tiebacks and/or metal rods extending in to the earth, approximately 300 feet, and anchored in place using concrete and.metal plates. S s :f Licenst Agreement—Sequoia/Conifer Project Page of S Rlackhawk Hotntowncra Association ry Irvv�c.v-vw "Jul Ire E..rc.wt avv-u.duu3 � IE c5 V ✓fit / � w.v^ '^n.� �r � i �I lZA '��, �� -..�*� -.°",... � `�*.ti.�""'riiY``"�,.,, • � K�;: tads w3 �};v "3 is � .\ •.w".`�+,.. �'y.h•w` ""'„��/Liyi '�` w �' ,�,„ �"y., i t IN, .t F ' ri Yr., Powto 19 COM ,p. au.ra,:uws� itvry 1 Gam) IOfS'tS.tt3t]a NoV';eU-Uj 72::30PM; Page 10 g = CAlLir1FORNIA ALL-PURPOSE ACKNOWLEDGMENT ;sm ��^ �^. .zz�t '.r�,�t',�,! "t.,�,�,� -�� "'"r,�,�`�" - r.,,�"ti.',�r.,c�'�rcrc�^.c c•.c-x .�r',�d'` ,�� State of California - County ofss, . Can M4MD2�cw 30, , befforeme, #i� Vie C.f' o tte, Nouw �► �+� z. S= Data ►tams MW TWO of Offscar{u g.,-Jane bac,►araka�ubbc t" �•'; 'S personally appeared M t t.L CtP ( Mc%vWt h h'S �r+sts!rA afg7lerisj _ ''S h 'personally known to me proved to me on the basis of satisfactory evidence r, .., r to be the person(s) whose name(s) is/Bra 4 . ., ':t subscribed to the within Instrument an . t: acknowledged to me that he/she/they execute Pr� �tlt iNlr C. the same in his/her/their authorize 13 G�tttmiisi�an t# �. capacity(les), and that by his/her/the r Notary.'uh t4-Cealbrrik .: s. Con.rat Crash courf signature(s)on the instrument tfie parson(s), c r }i ` MyCwrm.Foims6ap#t7,2W& the entity upon behalf of which the person( ) 1W acted, executed the instrument, r: WITNESS my hand and official seal. Place,0Wr's Seas A4buvc S hire of Notary F�nc k 1� �5 Though the informerron below is vol reouimd bylaw,it may pry valuable to *' Y Y s relying on the drir_turrerit and could prevent fraudulent removal and reattachment of this form to another document. s Description of Attached Document Title or Type of document:1riMAA--,4 --'� cxe✓ ` Document Date: Vv .s Cs .`�U!3 t Number of Pages: 5 r� ✓ i Signer(s) Other`Eben Named Above: E).LA C� cay � i .PS { � .'• ks Capacity(les) Claimed by Signer r Signers Name: CA ajpe 4 C Individual ,r CorporateClfcer—Title(s): �`�►�ic��'�.ft _ ri Li Partner—_ 1.mited _ General Attorney in Fact 0 Trustee 1 Guardian or Conservator € .1 "l Other: - } E. h Signer Is Representing: r5 t �+- �r=G�..:�'-+L c.(. ,..+;..:C;_:2;CYv�:c„• ,,. -Wt,•`c.,c. �c.S.�..:..i.,e:'.-.{,`t",y` ' � 0!90 Moo"Maury Amoc'Mon•03M Da SWO Aft.PC} ZAM•Cha%w*O.CA 913t34402•W,M•na 4-a lb.ycep PMd.Na NW Rawav:Gaa Ttrl.Ff"f -676.GW ' Lay. D.LaLwrOWWA nuwj ( � ) l Ci-tf tiCSy NOV-Lt' f7 IL4 ��1'1�1t� I-age Itj/2f z 0 03/02 THI Ta'Tf R ISSU9D AS A MATTER OF ONLYAND CONFSM 00 WIS I"M C Pl A : . C. gi s cha r 4 Co. "OLDE-7"IS{iEkTU4CATff DMI NOT prim Ott; .0. 0101. ALTER THE COVOU4111 I1FFOROOD BY THE PCI ties .-:.1,nut Creek CA 94S16-9101�'io se: .925-932-7623 1P :9Z25-932--0962 INSURE"AFFORDING O96 a ItnLgwRk_ R al Surplus Lines -tuff. Co. Drill 'tech Drilling sharing Riftgmb; Aarican N Assurance Inc. aaSt eeaRAC: American States xns Co i Antioch 194505 8 18 04VASIRD: State l= eTxasartion � d - etsur�e: -ra oF#AU aw►mSLOwf"ve»meu rvF1 nah eager oAart�wiTwea�acacY iNCttfi�T NM 7t1NtTtiSTANl7ltitr JWOM041.TERMOR CON Mn'M1ti OF Alit CO4TTliAC7 OR Ottak'1t COCUUS iT WffH Tit W"W TIME MTW CAM iwtltY eE men OR 'AkYP9ffAK TM ei".eltifVW iFT'tti#POk1PC MCFVBW MGREW jS$=Wr7E3 AU W*UMM MV$"SAM OOHW%M OIC 6l7Gsi mow; _ r�,�rgt+try :" s 1 T10 000 X COUMVIOAL GONRAL LMOLITY X WS1.6502 03/01./01 0 tMrcaa y t ! 0,000 44--D CLAD43 WAX 11 OCCUR *"P~ t S1000 AAtW 11 OT1,OOt+ r A(JQF GAT@ 4 • 00,00ti < fiaEt7LTEtlMRtAPMSPi&R -00~A W Sjj 00,00f) • �' X P t.Oc htlT irpL*UASMAY tit GJ4itT e. x ANYAUTO 02+C`C758028-5 0 S/ 02 61,100,000 t ALA OWNED SC EDOL€D AVY t LP 3 Y t HWAD AUTOS ley WJUfCY �dcstr�g AUTCs$ t toctMIA" S PPOPERTY DAMAGE n+msAi;ats�aNutlr A,{TOOKV-fiArr t -AUTO Ell •.� t AiICCI{}rT 313 t i:YiGl)+S L3A$itdi Y 10. CAMCGt t7+ RPt� t 1100,aQ %x : ' 'pc�uR CxRIf Ai+C�E 138 9712 03/01/01' 03/01/02 OATe *1 ab r 0110 ar TMLP . RR soOwLa Yilae�"taAwILtTY 8- 04/01./01 04/01/02 ■.L.9ACMA009 taT It 1,: 00,004„ W f, $e.r� a►st-ta% t 1 : 00,000 } E1.Dt -POLUICY t 3r: 001000 oTtast r rax . i :SC$Z°TIl71i OF OP4RAT9Cli5lLOGA gam Sy P� --Nt Conifer Torr La,ndaclide Repair *10 day notice 1st caenaellation/4'atarepae ant i f ortificaat:e bolder is added as Additional Xneuyred as respects CG2010 11/95 ,ttaehed and auto czwmraye part. RitFt A[�T ft iC At 7C7raAt� a tiae7tSese CANCSIACTM BY.UM'* ai+atl4i AW OF�Av0VE l a m T E�cresekt, 81.ackhaswk Oeologlc Hazard teAT%THEREOF TM9ft8U3aC#PftUPIeY^.l.!£"AVORTO tt ULt ID^YtwFa Aibal:'em*nt Dixtriat & trillium Tr IioTICCxiiOtFiSCSRf aYR CRN+tJ�IiFA�It#SL�1. Ct€A�eUi3Tj 0090 SW-' Cray aexsd CsxiaPeexiy, Zna., a to I »rr+dee�euTeceFe r►1t tewelell Y ca A)r t tt@iD UPOH TOR 1820 Bonanza Street *204 aeePr�alisrAY#wln0. ! Walnut Creek CA 94596 t ,, AU� saaa�rRt3a+iY�Ytv�� � s 7 Chalice 11. 111x:xn CXC: CIS C�;tiiiCd 35 a�7"t97j —SACON Co N TW Ta t5y' b.L3CK}lr'3WK HUA; ('da' } l iii- is 8�3x NGV-20-03 12::32PM; page.17/21 i POLICY NUMBER: KZB516502 COMMERCIAL GENERAL LIABILITY I THIS ENDORSEMENT CHANGES THE POLICY. PLEASE REAR IT CAREFULLY. U - ADDMONAL INSUREV OWNERS, LESSEES OR � CONTRACTORS (FORM 8) i t,r fit This endorsement modifies insurance provided under the following: z COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Kam*of Penton or Qrganba tion: � i {` 59ac bawk 040kale IF[aawrd Aliment IIAtsft*# U11111am Ili. any a" Conspany*� ri :. ContM C"ta Couftr, Slackhav a flarneowners As"clatim Sam: n Comps �y► hm4 ODec & Susan > gbeetA Slldl r a Sia 601dMe Wift�r may# it Darlene Low" The Dartem O. !"ainify Tru*14 Re rt & Elena ttan" Wns & Calls" T D"alas A My*" Jam" werua b na" O my 06110= a**M* 0*00; IH. D. A 1111*11nala DOW, Or f TIIre Jonidas Parally f Revocable Ti It including their dote baa r; > terra,ancilla and OMPloy } 1 (If no entry appears above, information required to complete this endorsement will be i shown in the Dedarations as.applicable to this endorsement.) ! NG IS AN INSURED (Section ll) is amended to include as an insured the pe son or organization shown in the Schedule, but only with respect to liability ar Ing out of "your work" for that insured by or for you. c 1f YOU ARE REQUIRED ItY A WRITTEN CONTRACT TO PROVIDIM PRIA11JR40 INSURAJI E, THIS POLICY SHAILL IM PRIMARY AS RESPECTS YOUR IMMLlGIR E AND CON10ITIION 4. OTHER INSURANCE DOES NOT APPLY# BUT ONLY REPSF.CT To COU81maE PROW=by` NIS POLICY. 1 s i . 4 . I I r rY; rJIddQKl)aWK MMA; Zb) IifS_k3 t� 3� NOV-20-03 12:32pm; £'age 18129 -r .,.... i c ,TWIT-U 0,41ui FRW NORTH i[iWTA14W INStR� Sly . T-4ZA F.01/04 �- OF LIABILITY INSURANC&O.Mi-A CEIMFICATE cc ] xtr Pat* "Sr., 41100JRLMCi�l1"rfi�tax POLKMX Of AW Dtxsg��wry G X304367 "iMRS AFFORD04 COVEMOIE i :' : 3�LY'�5�fd-�29s3G '�►xs��.fl+S6i6-47ti�^ �„. t t fit+ AASSM04 CO. e. k� rs ass Ce.. Mums C. �;X41 !� • « * :,.� r.Axiia+l rL� POO 7M POhXV MAW OOCA A"GOW"r.n ,.r.,r,a« .w�r�r'tr�u►r�+r+Jnr.mew ,�r�r�eor»r�c�rw+Tn�crwcr�°c►we+�rrtt'ws��swts� .�aa� �wMit�►�ts j CrCi I 0 0300: eua c« ,.+ rr� ttxL5i67@I. t 4/01/01 ! 05/01/02- Frac *" w�'I p 000 "tom C,..wwas C GM4A ate. Ys ► At.—As aaawgw+ca #tnGsl�swlti [ oil 00.000, SCS;a>w ti 1 �15t!llBt # p4ltt !01 < 05/01/02 u< rs 4 oA"go tu7DA j { .. i cad_, :sCevau1C5 MOLT muny rw 16 W t 571 LAA�6iY4 #Aff* Y fA A S CKX*;€ 4&A." e C t.7"Z. 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Ca`r+ty orx3 Cpt�sLY�nyr.ItSC,i n t tv ger f �tyy i FAX COVER SHEET I TO., � •3 � 1 y� 1 ` DATEI ! .Fyes', ibW aAlY � ' NUMER OF SAGES INCLUDING CovEE smE : i� R " �v 1 i •3 It thtre Ore Any Proble=receiving tMs trawsmkvskm,pl+ aft c""'Winism R.+grey and Company ai(92S)W7-19". F S2t> 80naraa Strftt:, Suite 204 Walnut Craik,Califorr"94596 (9251947•t 368 J;AX 0251 947-3177 f t < i rt By: B1ackhawk HOA; _ (925.}..736-8 86; Nov-20-03 12°33Ptr Page 20/21 _ Fu t J -tT-D7 l7R:tlAi F""JAR "try twRTAixoT wwwa *SERV. T-424 # o3lild I- a IMPORTANT i tf ttw ummfi+t' w ttt 44*r im an 1lEiMTOOmAx.1!lM .wA f+oftfos)mum be t rprwrtt.A mmmom#m tM UW cATtOlcnr dmv pial ad*Ow rlg"to etre crrt;#ms rt*ltW;O flew of stint r+rtttarrP*ffwftj*) tf SttDl'tQQA"rloli is WAIVIM.$*Ab4met to lire irMtm and eM446"19 ON stir,OWUA rr p0644sss ow I rturtwre rut+rt+�Mn+s+etttottt A eta atlaarrurrrt an ok cwstf cam oxrs rwt c4mftr rtort"nr to trrt cep mcaaw Tho 0iatt�rfrct"of bw cm taw"Neff"swa of%W ft wm+chart ON"Minute 11 tontrAt:s bfs*w � tivw te;rtiNMV sfWuMt(m,%ousthorrrltW reprirrtrrtat/lks arr prottkttaat.turd M*O*tt+*ri 1xsukt,rW We&it womw w*ly at>w t+1w owto"G.ssttttw of"m oove w oftnted t*y trap pol'tmos"too vw tom � r _. W:.�d.� .uv-cv v5 f =�rm rage f i _ _- _ ..• z ,a u.a.:a va vC vett '.... ... t.'7 L. r wn '. Mo Y®Ba all:t'l F F#*,"Aw #OATH ENTENTANIaT INSi#wa afdV. -4t4 F.w104 F-#� I PACIFIC CCS STEED INC. � POLICY NUMBER,KZ"18781 COMMERCIAL GENERAL E LIASILITY TTS ENDORSeMENT CKMIGES THE POLICY. Pi.F45E READ IT CAREFULLY. � ADD!'1` OVAL INSURED OW14ERS, LESSEES OR CONTRACTORS (FORM 0) � .fir,,. F[its enckirsernWf ffwatlies of sur'anca provkW iiiNw Cft kdowtriq i COMMERCIAL GENERAL UABILITll CovER04E PARC. 9CttWULE Name of Ramon oar Organization: t gitecichwi wk GeoWalo Haward Abatornom l 1#118+4 itq'1dam R.Gray'aang!Company,Inc.; >Vrrnrras C>atrp►Cooeerty;Bl kiwei�rtt Harrrori.an ers Assioulation,Sas GoasUwtWn i . .Inas.,Atrk&SIA+I:an Cloughilergr;The bough"F11a Ily Tt> w 4stsd Aparil 6,20M � lrt Stratanni'►tr 0664snahn,I Qa Wheatley;The Inge Wheatley Uving ThAt riead ; s f=ee 27, 1 D afltlnl>eli ;TIM IC7lefrtriro p.Low F y'rm-st.ftbafty Ohm ? Haft%%BIww Garr Tumw-,The IND Tunw Family Trost roti dieia@d L?orr 4, f I asii:abuwasi mycou Jeri:Sort"iii C/Atltin appenhoim,IM Rave "Trot of i Ori'MA N-Opplittrlteihts,lt Cyn%!"N.101*oa trden dtKrd fteoft"S.'f lf;Statlrtlfa moumfi; GOMW 0001 H.Eli.A 416 ink tai frfo k 3 Cirt0Iae 3'0kb walti,W.'yltatmsS&Ettagiursh Ann JArt+icko;The JanWma fairtily 2otiil its Tm&t,0#060,Inc.,sisfd IriaNdift Meir ? F boardw,offk*m agents*nd ten*oyetD 1 (if no Catty appean utwve, infa rfiiatvon IriQ{ie"ED cmvplew Tni5 ongerserttent will Do Si1t}wn tfi Me QncWaWnx*a ap ha swe to#its eridormemertt.) WHO is AN INSiJ#+t D(S+ea4n it)is arriert0841 id,ndudt as an tnsursd me persoiti or OfV002"On shOWn fM I&SdNw*#@,but oily wkh respect to habifity anWV out ot'yo&ir work'/or } [trait#nstrrad by or for yw. � I PMURY I UI tCISI: If you are ra WWW by a wrima corww=to pftJlt►ick-.prkrmy insiuraaft. Pc*vy ri+airll[set Pcwmry as r0spects your nateal w%w;aril Ca notiicMT 4. Omt wsivance does not 400y, but w w%mspect to cow ertae prov4w uy oris P is i II +�t3 24 CapYYicht.insurwce Survows Oft&. Inc. I M4 1 i I a i AMENDED SUMMONS (OITACION JUDICIAL) FOR COURT USE ONLY NOTICE TO DEFENDANT: (Avlso a Acusado) (SOLO PARA USODE LA CORM DRILL TECH DRILLING&SHORING,INC.;SITEWORKS CONSTRUCTION,INC.;BLACI{HAWK HOMEOWNERS ASSOCIATION,INC.; COUNTRY CLUB B A 1 BL1°14iKHA YY K I1vI.I'R.OVEMENT ASSOCIATION,INC.,AND DOES 1 THROUGH 100, INCLUSIVE. YOU ARE BEING SUED BY PLAINTIFF:DARLENE LOWE (A Ud. le estd demandando) You have 30 CALENDAR GAYS after this Dospues de quo le enfreguen este cltacl6n judfclal usfed summons Is.served on you to file a typewritten flone un plaza de 30 CTAS CALENDARIOS para presenter response at this court. una respussfa escrite a mdqulna an este torte. A letter or phone call will not protect you; your Una carts o una( Hamada toleft5nfca no le ofrecer typewritten response must be In proper legal form proteccldn; su respuests escrita a mAqulna tiene quo if you want the court to hear your case. cumpfir con las formalldades legales apropladas sl usfed qufers quo Is corfe escuche su caso. If you do not file your response on time,you may Sl asted no presents su respuesta it tlempo,puede perder lose the case, and your wages, money and at cas4 y le pueden qufter su salarla, su dlnero y ofras property may be taken without further warning cosasde su propledad sin eviso adiclonal por parte de fa from the court. cam. There are other legal requirements.You may want Exisfen afros requfsffos legales. Puede quo usted qufsra to call an attorney right away.if you do not know hamar a un abogsdo Imnedistamenfe. Sl no conte a un an attorney, you may call an attorney referral abogedo, puede hamar a un servfclo de ralbrencla de service or a legal aid office (listed In the phone abogados o a una ofgcina de ayuda legal(vee el dlrectodo book). telefdnico). CASE NUrB€Ft(NiWi ero der 0"01 The name and address of the court is:(Ef nombre y dlraccldn ds is code es) CO-3003$4 725 Court Street P.O..Box 911 Martinez, CA 94553 The nam,address,and telephone number of plaintiffs attorney,or plaintiff without an attorney,Is: ttambre f tante fe/fir o be gado del demand$nfe,cr del demanndante ue ffane abogado, es) &p Sic; ru -1% t 925-9 8 500 Chips Miles&Associates 1407 Oaldand Blvd., Suite 107 Walnut Creek ,CA:94596 DATE: DEC 82003 Clark,by C. Gray -- Deputy (Facha) (Acfuatio) (Defegada) NOTICE TO THE PERSON SERVED:You are served [SEAL] 1. as an individual defendant. 2. as the person sued under the fictitious name of(specify): 3. on behalf of(specify): under: © CCP 4'€6.10(corporation) CGP 416.60(minor) ® CGP 416.20(defunct corporation) CCP 416.70(conservatee) CGP 416.40(association or partnership) CCP 416.90(individual) ® other: 4. = by personal delivery on(slate): Form Adopted to.Mandatory Use (See reverse for Proof of Service) Judicial Co ncll or California 962(a)t92[Rev.January is 15841 - SUMMONS Cia CCP 412.20 PROOF OF SERVICE--»SUMMONS (Use separate proof of service for each person served) 9.1 served the a. summons = complaint = amended summons amended complaint completed and blank Case Questionnaires Other(specify): b. on defendant(name): c. by serving defendant other(name and We orrelatfonship to person served): d. by delivery ] at home at business (1)date: (2)time: (3)address: e. } by mailing (1)date: (2)place: 2.Manner of service(check proper box): a. Personal service.By personally delivering copies.(CCP 415.10) b. Substituted service on corporation, unincorporated association (Inciudln��c partnership), or public entity. By leaving, during usual office hours copies in the office of the person served wi#h the person who apparently was in charge and thereafter mailing by first-class man, postage prepaid)copies to the person served at the piece where the copies were left.(CCP 495.,' a}) c• [ Substituted service on natural person, minor, conservatee, or candidate. By leaving copies at the dwelling house usual place of abode,or usual place of business of the person served in the presence of a competent member of the household or a person apparently in charge of the office or place of business,at least 18 years of age,who was informed of the general nature of the papers, and thereafter mal#ing{by first-class mail,postage prepaid)copies to the person served at the place where the copies were left. (CCP 415.20(b)) [[Attach separate declaration or affidavit stating acts relied on to establish reasonable dillgense In first attempting personal seryice} d. Mail and acknovvied meknt service.By retailing (by first-class mail or airmail, postage prepaid}copies to the person served, together with o copies of the farm of notice and acknowledgment and a return enve ope,postage prepaid, addressed to the sender.(CCP 415.30)(Attach completed acknowledgment of receipt) a. Certified or registered mail serivice.By mailing to an address outside California(by first-class mail postage prepaid, requlring a return receipt) copies to the person served. (CCP 415.40) (Attach signed return recelpf or other evidence of actual delivery to the person served.) f. [ Other spacffy code section): additional page is attached. 3.The"Notice to the Person Served"(on the summons)was completed as follows(CCP 412.30,415.10,and 474): a. ( as an individual defendant.as the person sued under the b. fictitious name of(specify): c. on behalf of s dfy): under CCP 498.10(corporation) [ CCP 416.60(minor) other. CCP 416.20(defunct corporation) [ CCP 416.7£3(conservatee) CCP 496.40(association or partnership) [ CCP 416.90(individual) d. ( by personal delivery on(date): 4. At the time of service 1 was at least'18 years of age and not a pasty to this action. - 6. Fee for service:$ 6. Person serving: a. California sheriff,marshal,or constable, f.Name,address and telephone number and,if applicable, b. Registered California process server, county of registration and number: c. E pto�es or independent contractor of a registered California process server. d. Not a registered California process server. e. Q Ex p fr b registration under Bus.&Prof.Code I declare under penalty of perjury under the laws of the (For California sheriff,marshal,or constable use only) tateof California that the foregoing is true and correct. I certify that the foregoing is true and correct, Date: Date: rsrctv,�ru - rstsniaruraer 962(a)(9)[Rev.January 1,1984) - TV E � 1 Chipman Mips Esq. SBN 040970 '_3 L L) Brig.B.Miles,Esq., SBN 191136 2 Joel M. Westbrook,Esq., SBN 196578 ' DEC -$ P 2: 3 2 3 CHIPMAN MILES &ASSOCIATES 1407 Oakland Blvd.,Suite 147 �' "t CO 4. Walnut Creek,CA 94596 �.c.� (925)938-4500 8 (925)938-7007 Fax . 6 Attorneys for Plaintiff Darlene Lowe 8 SUPERIOR.COURT OF THE STATE OF CALIFORNIA 9 CONTRA COSTA COUNTY E 10 UNLBETED JURISDICTION I7.cARLENE LOWE, } Case No. CO 300394 12 Plaintiff, ) FIRST AMENDED COMPLAINT FOR DAMAGES 13 V. ) } 14 DRILL TECH DRILLING&SHORING,INC,) SITEWORI,..S CONSTRUCTION,INC.; 15 } BLACKHAWI�.HOMEOWNERS } 16 ASSOCIATION, INC.; COUNTRY CLUB AT) BLACKHAWK RvIPR.OVEMENT ) 17 ASSOCIATION, INC.; and DOES 1 through ) 100,inclusive, } 18 ) 1 Defendants. ) 20 FIRST CAUSE OF ACTION 21 (N.egHge.nt Design and Construction.-Against Defendants DPJ LL TECH DRILLING& 22 SHORING,INC. and SITEWORKS CONSTRUCTION, INC.} 23 Plaintiff DARLENE LOWE alleges as follows: 24 1.1 Plaintiff is a resident of Contra Costa County and is the owner of the property 25 located at 353 Sequoia Terrace,Danville,California(hereinafter"plaintiff's property"). 26 1.2 Plaintiff is informed and believes and thereupon alleges that defendant DRILL 27 TECH DRILLING&SHORING,INC. is, and at all times herein relevant was, a corporation 28 CWMANXRtM FIRST AMENDED CON PLAINT FOR DAMAGES- I Sur=107 1407 0A7L-j7U MVD. WALMYr CRE K,CA 415% I organized, operating and doing business under the laws of the State of California and transacting 2 business in Contra Costa County. 3 1.3 Plaintiff is informed and believes and thereupon alleges that defendant 4 SII`EWORK.S CONSTRUCTION, INC. is, and at all times herein relevant was, a corporation 5 organized, operating and doing business under the laws of the State of California and transacting 6 business in Contra Costa County. 7 1.4 Plaintiff is ignorant of the names and capacities of defendants Does 1 through.50, 8 inclusive, and therefore sues said defendants by such fictitious names. Plaintiff will amend this 9 Complaint to allege the true names and identities when they become known.. Plaintiff is informed 14 and believes and thereupon alleges.that said Doe defendants are in some manner legally 11 responsible for the conduct and resulting damages hereinafter alleged.. 12 1.5 Plaintiff is informed and believes and thereupon alleges that at all times herein 13 mentioned each defendant,both fictitiously and actually named,was the principal, agent,or 14 employee of other defendants, and acting as either such principal or within the course and scope o 15 such employment or agency,took some part in the acts or omissions hereinafter set forth by reason 15 of which each defendant,both fictitiously and actually named,is liable to plaintiff for the relief 17 prayed for herein, 18 1.6 Within three years last past,defendants, and each of them,participated in a project 19 in the Sequoia.Terrace area of the Blackhawk development in Danville,which included an attempt 20 to repair subsurface soil instability adjacent to plaintiffs property(hereinafter"the Project' 21 - 1.7 By virtue of the foreseeable damage to plaintiff's property,inherent in the nature of 22 extensive earthwork operations,absent reasonable precautions, defendants owed a duty to plaintiff 23 to use due care in the design,planning,development,manufacture and construction.of the Project 24 1.8 Defendants breached this duty of care by failing to use generally accepted. .25 and reasonable methods in the design,pla�ng,development,manufacture and construction of the 26 Project,by negligently failing to protect plaintiff s property, and by carelessly excavating earth 27 materials adjacent to plaintiff's property, despite the instability of the physical setting where the 28 ASSOMTES FIRST AMENDED COMPLAINT FOR DAMAGES-2 "07 0ASLAssef ULM VALWW CMK CA 914M 3 i 1 property was located. These activities by defendants have brought about significant topographical 2 changes and alterations to plaintiffs property,including significant deep-seated earth movement, 3 thereby depriving plaintiff s property of necessary lateral and subjacent support. 4 1.9 As a proximate result of defendants' negligence,plaintiff has suffered actual 5 physical damage to her real property,including without limitation, cracked interior fmishesy racks 6 and jammed doors,walls and floors pulling apart, extension, distressed foundations,uplifting and 7 sinking of soil,cracked and fallen walkways, distressed slabs and structures leaning and out of 8 plumb. 9 1.10 Asa farther proximate result of defendants'negligence,plaintiff has suffered and will 19 continue to suffer substantial damages,including,but not limited to,inability to use portions of her 11 property,costs of repair,diminution in value,stigma:,and loss of use, all in excess of the minimum 12 jurisdictional amount of this court,to be shown by proof at trial. 13 WI3EREFORE,plaintiff prays for judgment as hereinafter set forth. 14 SECOND CAUSE OF ACTION 15 (Violation of Civil Cade§ 832 w Against Defendants BLACKHAVVK HOMEOWNERS 16 ASSOCIATION,INC. and COUNTRY CLUB AT BLACKHAWK IMPROVEMENT 17 ASSOCIATION,INC.) 18 2.1 Plaintiff incorporates herein by reference paragraphs 1.1 through 1.10 of this 19 Complaint. 20 2.2 Plaintiff is informed and believes and thereupon alleges that defendant 21 BLACKHAW K HOMEOWNERS ASSOCIATION,INC. is, and at all tunes herein relevant was, 22 a corporation organized, operating and doing business under the laws of the State of California and 23 transacting business in Contra Costa County. 24 2.3 Plaintiff is informed and believes and thereupon alleges that defendant COUNTRY 25 CLUB AT BLACKHAVJK INIPROVE EENT ASSOCIATION,INC.,is,and at all times herein 26 relevant was, a corporation organized, operating and doing business under the laws of the State of 27 California.and transacting business in Contra Costa County. 28 A ASSOrr s FIRST AMENDED�COWLAINT FOR DAMAGES-3 �,v�sa��rss Stam 107 39070filaA BLVD. WAL2W CPZM CA 9a% 1 2.4 Plaintiff is ignorant of the names and capacities of defendants Does 51 through 2 100,inclusive, and therefore sues said defendants by such fictitious names. Plaintiff will amend 3 this Complaint to allege the true names and identities when they become known. Plaintiff is 4 informed and believes and thereupon alleges that said Doe defendants are in some manner legally 5 responsible for the conduct and resulting damages hereinafter alleged. 6 2.5 Plaintiff is informed and believes and thereupon alleges that at all times herein 7 mentioned each of said defendants,bath fictitiously and actually named,was the principal, agent, 8 or employee of other defendants, and acting as either such principal or within the course and scope 9 of such employment or agency, took some part in the acts or omissions hereinafter set forth by 10 reason of which each defendant,both fictitiously and actually named,is liable to plaintiff for the 11 relief prayed for herein. 12 2.6 Said defendants,and each of them, are, and at all times herein relevant were,the 13 owners of the real property where the Project occurred,Assessor's Parcel Number 203-740-007, 14 Danville, California(hereinafter"defendants'property"). 15 2.7 Defendants'property includes an unimproved hillside which is adjacent to plaintiffs 16 properly and contiguous along one boundary,such that plaintiff is a coterminus owner entitled to the 17 lateral and subjacent support her property receives from defendants' adjoining property. 18 2.8 Both prior to and during the Project, defendants failed to take the following i 19 precautions, all of which were required by Civil Code § 832: 20 A. defendants failed to give plaintiff reasonable notice of intended excavations, 21 stating_the.dTih ofeach excavation and when each excavationwould_begim 22 B. defendants failed to exercise ordinary care and skill in making excavations 23 and failed to take reasonable precautions to sustain plaintiff's adjoining properly; 24 C. although it appeared that excavations might be of a greater depth than walls 25 or foundations of plaintiff s adjoining residential structure, and the excavations were so close as to 26 endanger plaintiff's residential structure,defendants failed to allow plaintiff 30 days in which to 27 take measures to protect her property from any damage, or in which to extend her foundations. 28 c nsSocOC;Arss mks FIRST AMENDED COMPLAINT FOR DAMAGES-4 � SUM 107 14M 011KSAM BLM WA NIM CRE &CA 945% I D. although the Project included excavations which were intended to be or 2 were deeper than the standard depth of foundations,which depth is defined to be a depth of nine 3 feet below the adjacent curb level,at the point where the joint property line intersects the curb;an 4 plaintiff, a coterminous owner,had a structure on her property which includes a wall or foundation 5 which goes to standard depth or deeper,defendants failed to protect plaintiff's adjoining property 6 and the structure thereon without cost to plaintiff, from any damage by reason of the excavations. . 7 2.9 As a proximate result of defendants' failure to comply with Civil Code § 832, 8 plaintiff has suffered actual physical damage to her real property,including without limitation, 9 cracked interior finishes,racked and jammed doors,walls and floors pulling apart, extension, 10 distressed foundations,uplifting and sinking of soil,cracked and fallen walkways,distressed slabs 11 and structures leaning and out of plumb. 12 2.10 Asa farther proximate result of defendants'failure to comply with Civil Code§ 832, 13 plaintiff has suff=d and will continue to suffer substantial damages,including,but not limited to, 14 inability to use portions of her property,costs of repair,diminution in value, stigma,and loss of use, 15 all in excess of the minimum jurisdictional amount of this court,to be shown by proof at trial. 15 THIRD CAUSE OF ACTION 17 (Negligence—Against Defendants BLACKE(A M HOMMOV N,ERS ASSOCIATION, NC. 18 and COUNTRY CLUB AT BLACKEIAWK EU PROVEMENT ASSOCIATION,INC.) 19 3.1 Plaintiff incorporates herein by reference paragraphs 1.1 through 1.10 and 2.1 20 through 2.10 of this Complaint. 21 3.2 Defendants, and each of them,own and control storm drainage facilities in the 22 Sequoia Terrace area of the Blackhawk development,including without limitation catch basins, 23 underground culverts and storm drains. 24 3.3 Within three years last past,defendants have carelessly and negligently failed to 25 inspect,maintain,improve,repair, replace and operate said storm drainage facilities. 26 3.4 Said conduct by defendants was careless and negligent in that damage to plaintiff's 27 property was reasonably foreseeable and could have been avoided by the exercise of reasonable care 28 by defendants. rx r a AssoccFMT AlVl�`NDED COMPLAINT FOR DAMAGES-5 UM xns 3 3407 DAM AND BLVD. ttA:NVP OUM,CA 94596 - 1 3.5 As a direct and proximate result of defendants'negligence, said storm drainage 2 facilities have failed to properly collect,divert and discharge surface and subsurface waters,and said 3 waters have instead been discharged on,toward and through plaintiff's property at a great and. 4 unnatural rate,bringing about significant topographical changes and alterations to plaintiff 5 property,including significant deep-seated earth movement,thereby depriving plaintiff's property 6 of necessary lateral and subjacent support. 7 3.6 As a further proximate result of defendants' negligence,plaintiff has suffered actual 8 physical damage to her real property,including without limitation, cracked interior finishes,racked 9 andjammed doors,walls and floors pulling apart, extension, distressed foundations,upli#ling and 10 sinking of soil,cracked and fallen walkways, distressed slabs and structures leaning and out of 11 plumb. 12 3.7 As a further proximate result of defendants' negligence,plaintiff has suffered and will 13 continue to suffer substantial damages,including,but not limited to,inability to use portions of her 14 property,costs of repair,diminution in value,stigma,and loss of use,all in excess of the minimum 15 jurisdictional amount of this court,to be shown by proof at trial. 16 FOURTH CAUSE OF ACTION 17 (Breach Of Covenants, Conditions and Restrictions—Against Defendants BLACKHAVVK 18 HO11 EOVvTMRS ASSOCIATION,INC. and COUNTRY CLUB AT BLACKHAVVK 19 EUPROVEMENT A.SSOCJA.TION,INC.) 20 4.1 Plaintiff incorporates herein by reference paragraphs 1.1 through 1.10,2.1 through 21 2.10 and 3.1 through.3.7 of this Complaint. 22 4.2 In or about October 1979, a Declaration of Covenants,Conditions and Restrictions 23 was created and recorded in Contra Costa County for the benefit of all future owners purchasing 24 homes in the Blackhawk development in Danville(hereinafter"CC&R's"). 25 4.3 The CC&R's are enforceable equitable servitudes which inure to the benefit of all 26 owners of separate interests in the;.Blackhawk development,including plaintiff. 27 4.4 Under the CC &Ws, defendants, and each of them, agreed to own,inspect, 26 maintain., improve,repair,replace and operate certain common real property within the Blackhaw c133Pr rx s &AsscuakTas FIRST AMENDED CoNeLAINT FOR DAMAGES-6 SUMP" 74610A=AMVLV0. tVei33iCTt CREP1{,CA 94536 I development,including storm drainage facilities in the Sequoia.Terrace area, such as catch basins, 2 underground culverts and storm drains. 3 4.5 Within three years last past, said defendants, and each of them,breached the CC& 4 R's by fairing to inspect,maintain,improve,repair,replace and operate said storm drainage 5 facilities. 6 4.6 As a direct and proximate result of defendants'breach, said storm drainage " 7 facilities have failed to properly collect,divert and discharge surface and subsurface waters, and said 8 waters have instead been discharged on,toward and through plaintiff s property at a great and 9 unnatural rate,bringing about significant topographical changes and alterations to plaintiff's 10 property, including significant deep-seated earth movement,thereby depriving plaintiff's property 11 of necessary lateral and subjacent support. 12 . 4.7 As a further proximate result of defendants' breach,plaintiff has suffered actual 13 physical damage to her real property,including without limitation, cracked interior finishes,racked 14 and jammed doors,walls and floors pulling apart, extension, distressed foundations,uplifting and 1.5 sinking of soil, cracked and fallen walkways,distressed slabs and structures leaning and out of 16 plumb. 17 4.8 As a further proximate result of defendants'breach,plaintiff has suffered and will 18 continue to suffer substantial damages,including,but not limited to, inability to use portions of her 19 property,costs of repair, diminution in value, stigma,and loss of use,all in excess of the minimum. E E 20 jurisdictional amount of this court,to be shown by proof at trial. i 21 4.9 As a f n-ther proximate result of defendants'breach,pl uttiff is forced to incur 22 reasonable attorneys' fees and costs to prosecute this action pursuant to Civil Code§ 1354. 23 Accordingly,under Civil Code§ 1354,plaintiff is entitled to an award of reasonable attorneys'fees. 24 FIFTH CAUSE OF ACTION 25 (Trespass—Against Ali Defendants) 26 5.1 Plaintiff incorporates herein by reference paragraphs 1.1 through 1.10,2.1 through 27 2.10, 3.1 through 3.7 and 4.1 through 4.9 of this Complaint. 28 n asso �rss FMT AMENDED COMPLAINT FOR DAMAGES-7 � 9C¢'P&167 14MOAY.i iNDULVD. WAL=esEM CA M96 1 5.2 The foregoing wrongful conduct of defendants,and each of them,was without 2 consent ofplain iffs and proximately caused a wrongful and unauthorized entry of water,sail and 3 debris on plaintiffs property, which constituted and continues to constitute a trespass on said. 4 property. 5 5.3 As a mer, direct and proximate result of said trespass and the resulting damage 8 to plaintiff's property,plaintiff has suffered and continues to suffer severe emotional distress and 7 anxiety, all to plaintiffs damage in a sum to be shown according to proof at trial. 8 SD=CA.f.TSR OF ACTION 9 (Nuisance—Against All Defendants) 10 S.I. Plaintiff'incorporates herein by reference paragraphs 1.1 through 1.10,2.1 through 11 2.10,3.1 through 3.7,4.1 through 4.9 and 5.1 through 5.3 of this Complaint. 12 6.2 The foregoing wrongful conduct of defendants,and each of them,constitutes a 13 nuisance within the meaning of Section 3479 of the Civil Code, in that it is injurious to plaintiff's 14 health and interferes with the comfortable use and enjoyment ofplaintiffs property, 15 6.3 As a proximate result of said nuisance,plaintiff has been damaged in a sum well in 16 excess of the jurisdictional minimum of this Court. 17 6.4 As a feather,direct and proximate result of said nuisance,plaintiff has suffered and 18 continues to suffer emotional distress and anxiety, all to plaintiffs damage according to proof at 19 trial. 20 rr! 22 rrr 23 X 24 r1r 25 /!! 26 rrr 27 rrr` 28 ASSOCIAM FIRST AMENDED COMPLAINT FOR DAMAGES-8 5=107 i4Q?OAX2AMBLVb. WALL urCUM cwWi% l I '! WHEREFORE,RE,plaintiffprays for judgment against defendants, and each of them, as 2 follows: 3 1. For general, special and consequential damages according to proof in a sum in 4 excess of the minimum jurisdictional amount of this Court; 5 2. .For attorneys"fees; 6 3. For casts of suit incurred herein; and 7 4. For such other and fiErther relief as the Coin deems just and proper. 8 .bated. December 4,2003 9 CHIPMAN MILES &ASSOCIATES 10 41 By. .Brian B.Miles 12 Attorneys for Plaintiffs 13 14 15 16 17 18 19 20 2'1 22 3 24 5 26 27 28 &ASSO M FIRST AMENDED CON PLA3NT FOR DAMAGES-9 SEM 49? 14070AIL4 3tl 8LVU WAL]3m C7amr,CA 94355 ftvft,r low of California. Coudit of Coles Costa NOTICE TO PLAINTIFFS CASES OF UNLIMITED JURISDICTION All civil actions filed on or after January 1, 1988(except juvenile, probate,domestic relations, unlawful detalner,and asset forfeiture cases under Health and Safety Code Section 11470 et seq. and extraordinary writs)are Included In the Court's Civil Trial Delay Reduction Program. Local Rule 5 requires that you meet certain time lines for filing documents which must be strictly observed. Failure to comply with the program rules may result in the imposition of sanctions and will result in the issuance of anorder to show cause why you have not complied. YOU MUST SERVE THE FOLLOWING DOCUMENTS, WHICH YOU WILL RECEIVE FROM THE CLERIC'S OFFICE, WITH THE COMPLAINT, ON ALL OTHER PARTIES: A copy of both sides of this Notice; A copy of the Notice of First Case Management Conference; A blank Case Management Conference Statement; A blank Stipulation and Order For Altemative Dispute Resolution Form; A copy of Notice Re: March 1, 2000 Implementation of Early Mediation Pilot Program `EMP) -Addendum to ADR Information Sheet; A blank Stipulation To Participate In The Ease-Early Mediation Pilot Project("EMP"); A copy of the Alternative Dispute Resolution (ADR) Information Sheet; ,/A list of Community-Based Dispute Resolution Service Programs Service must be accomplished and proof of service must be fired with the court,within 60 days of filing of the complaint. IN ALL ACTIONS FILED ON OR AFTER JULY 1, 1993 CLAIMING DAMAGES FOR PERSONAL INJURY, INCLUDING EMOTIONAL DISTRESS AND/OR WRONGFUL DEATH,THE PANTIES MUST ALSO COMPLY WITH REVISED LOCAL RULE 5(g),WHICH IS REPRINTED ON THE BACK OF THIS NOTICE. The first case management conference will be held within 140 days of the filing date of the original complaint. The enact date Is Indicated on the form you received from the Clerks Office when you filed your complaint. If all turtles agree an eariter case management cooftMIM may be reauestdi Please contact the Clerk`s Office at 848-2801 to request arss,ll invent to an sartier ria. Possible referral of this case to Alternate Dispute Resolution(ADR)will be discussed at the first case managom-e t ference._E mples of ADR programs offered In Contra-Costa-aunty-are _.. described In the ADR Information Sheet. IT IS IMPORTANT THAT YOU REVIEW THESE ADR PROGRAMS WITH YOUR CLIENT AND THAT YOU VERtF1(THAT YOU HAVE DONE SO ON THE CASE MANAGEMENT CONFERENCE STATEMENT. Use of ADR may Increase the possibility of your client`s case being resolved at"an early,and less expensive,stage of the proceedings. All judges In the Civil Trial Delay Reduction Program are supportive of the use of ADR programs. If you wish to stipulate to ACR In advance of the first case management conference,you may use the attached farm"Stipulatlon and Order for Altemative Dispute Resolutlon". This farm must be signed by all parties and approved by the assigned judge before it Is submitted to the Cleric's Office for filing. The Court's Director of ADR Programs Is available to consult with the parties prior to the first case management conference to assist in selecting the most appropriate dispute resolution mechanism for your case. You may contact the AI R Director at 648-2127. err evurt rrf"iforufal111tuntu of 411ruft LOCAL RULE 5(g) (revised 111/01) (g) ft-VIM of Summons Cgmlalnt and AaMr., - 1. Within 60 days of the filing,the complaint must be served and a proof of service filed with the court. When a complaint Is voluntarily amended for the fiat time,pursuant to CCP§472, the amended complaint must be servedand a proof of service filed with the court either within 10 nays of the filing of said amended complaint or within 60 days of tate filing of the original complaint,whichever period Is longer. 2. Upon failure to serve the complaint and file a proof of service as required above, an order to Show Cause shall Issue as to why counsel shall not be sanctioned for failure to comply with this Rule. Responsive papers to the Orclerto Shot Cause must be flied And served no less than five{6}court days In advance of the hearing. IN THE SUPERIOR COURT OF THE STATE OF CAUFORMA 111E AND FOR THE COUNTY OF CONTRA COSTA Case No. CO, Date oomplalnf Ned p fwwws), tide of first case MarxWmenf Confemnae. VS. StfWativn and Order In Cloy of Def endffd(-) First Casa Manaoeh� corm +ice Co s ,�,,r�r c er ft tc9on of�hyat fty h for mcit and c #�f,,,�tnf d on Mesubj dtpufe , d setIn Re of Coprooess fibn and urt 21 ,, udng Me =fflcle'rtt dfscovery to make the ADR ms's meaMngM. Cotarsel&rgw owft fhat Owe has been JW1 oon4ftaw with tare ocu►tMbos sat lbdh on Me revue.&We of Ws dooatrxkt Pafts and 000nsel have agrwq to fsekd oriel:(EMP fEarly Medlatton Pro cell'. (EAW m0mb ), ffidvate " aeon), &c&M Airbftor,�,(SCAAO aW have oWeed to comms Me( uses by Ut ast Coun d mat p Mft meoWw, Coats wig contest AGAR ofte wffM f w days of of I tis St rlaf bn to k0te go ADR PM-OW& p t■L�l7�e�rr�tey �y Patyn��w" , iJVtiiliti7f lb f'"IQ �II+1i7f for i.of WLf(n.set for Counsel for LJeftxffw + Sut#eof to the Case'Management order to be filed,I Is se ordered. The terse Mw7agement oonfewce of Is vacated A hsther Case Mwmgofwd onfemnoe N set for . Pia s,j'counsel shad9W notice,and shag serve a copy of this outer on to ADR of be. Dated. ryk LMLO a jjyy��' y�.�y��p� �'Yjj }���f���{ Jud of Me Supwf Yi Cour N�aC.G1f. ,/�tilD2 i IN LIEU OF ATTENDING THE FIRST CASE MANAGEMENT CONFERENCE, THIS STIPULATION AND ORDER MAYBE USED ONLY IF ALL OF THE FOLLOWING APPLY: ALL PARTIES HAVE BEEN SERRIED AND INTEND TO SUBMIT TO THE JURISDICTION OF THE COURT ALL PARTIES HAVE AGREED TO A SPECIFIC DISCOVERY PLAN THE DATE FOR COMPLETION OF THE ADR PROCESS IS NO MORE THAN 90 MAYS FROM THE DATE OF THE FIRST CASE MANAGEMENT CONFERENCE ASSIGNED BY THE COURT. THIS STIPULATION IS SUBMITTED DIRECTLY TO YOUR ASSIGNED DEPARTMENTAMINIIUIIY M OF 16 DAYS BEFORETH FIRS'SCHEDULED CASE MANAGEMENT CONFERENCE * . DEFFNDANTIS]'FIRSTAPPEARANCE FEE HAS BEEN PAID ORWILL BE SUBMITTED WITH THISS-STIPULATIQN AND ORDER COPIES (TG CONFORM). AND A STAMPED, SELF-ADDRESSED ENVELOPE IS PROVIDED FOR RETURN OF THE FILED ORDER TO COUNSEL ` PARTES SELECTING A MEDIATION PROGRAM WILL SIGN AND RETURN THE m$TIPULATION AND ORDER RE PARTICIPATION IN ADR! (CIV-642/DT)WITH THIS STIPULATION AND ORDER ` CIVIC STATEMENT'S 'ARE FULLY COMPLETED AND SUBMITTED HEREWITH Memo rotor A request for continuance of an ADR deadline'Issued In conjunction with this Stipulation and Order is discouraged and the assigned Department may requirea personal appearance beforexa continuance All be.granted. ru .aysr�+.�txr2 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF CONTRA COSTA } No. Plaintiff, ) } vs. ) STIPULATION AND ORDER FOR -ALTERNATIVE DISPUTE j RESOLUTION Defendant. ) The parties stipulate that all claims in this action shall be submitted to: 0 Private mediation. • The SCAN Program. • The EASE Program. ® :Non-binding judicial arbitration under CCP section 1141.12. • Blrlino judicial arbitration. D 8ittdit private arbitration. 0 Use of a Special Master. 0 Other(specify) Date: 19 Plaintiff Defendant Attorney for-Plaintiff ___ . Attorney for Defendant ---__ IT IS SO ORDERED. Judge of the Superior Court cvas�n�n�-a� ADDENDUM TO ACR INFO. SHEET -MUST BE SERVED ON ALL OTHER PARTIES NOTICE RE: MARCH 'I, 2000 IMPLEMENTATION OF EARLY MEDIATION PILOT PROJECT("EMP") The ADR Programs Office of Contra Costa Superior Court is pleased to announce the implementation of EMP effective March 1, 2000. EMP is a special early mediation pilot project funded through a grant from the Judicial Council of California. CCP§9730 et seq., CRC 1840 et seq. It will be operated as a subdivision of-EASE, the Court's highly successful mediation program for Unlimited Jurisdiction cases. ELIGIBILITY: All general civil cases, as defined in CCP§'173'1(b) (Unlimited Jurisdiction level), filed from January 2000 on are eligible to participate in EMF. EARLY ENTRY: Parties are encouraged to take advantage of this new voluntary mediation program at the earliest possible opportunity. It is not necessary to wait until the first Case Management Conference to self-refer to EMP. A form stipulation to participate in EMP is included herein for your convenience. MEDIATORS: Unlike under the basic EASE Program, EMP participants will not.be restricted to use the Court's mediation panel. Although the AGR Programs Office will maintain a limited list of.EMP mediators with specific qualifications, participants are free, and encouraged, to engage the private mediator of their chum. All mediators will be required to complete and return AOR Four-100-a very short Judicial Council form that will be provided to them by the ADR Programs Office. COST: All costs for mediator services will be bome.by the partles and will usually be split equally amongst them. However, mediators on the Court's EMP list will provide the first two(2) hours of the mediation conference on a pro Bono basis. Some mediators also provide the first one (9) hour of preparation and scheduling on a pro Bono basis. DATA COLLECTION: Aside from supporting mediation in the courts, one of the primary goals of the Judicial Council is to collect data that will permit comprehensive evaluation of the effect of early mediation versus: 9) the use of other types of AGR(e.g.,judicial arbitration) and 2) no use of ADR, on the_tlmlhg.and mode_of case resolution. Accordingly, all EMP participants will complete post-mediation and post-disposition survey materials. This is ur opportunity to provide input to the Court and the Judicial Council re:what works,what doesn't work and what should be changed in order to make court-based mediation even more effective as a dispute resolution tool. FURTHER INFORMATION: For further information about EMP or about mediation in general, or to start the intake process for your case, pease contact EMP staff at the ADR programs Office: 925-646-2127/925-84(3-291 0(fax). We took forward to your participation in this groundbreaking program. Cv .T/Rev.6-25-ai 1 Name: Sar#: 2 Firm Name: Street Address: 3 City: State: Zip: 4 Telephone#: Fax It 5 6 7 10 1� 12 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA ... 13 IN AND FOR THE COUNTY OF CONTRA COSTA 14 15 Case No. COO- 16 Plainti (s), STIPULATION TO PARTICIPATE IN 17 THE EASE-EARLY-MEDIATION PILOT V. PROJECT CEM 18 CCP§1730 ET SEQ.(NO FICING 18 De endant s). f 20 21 WHEREAS the parties ("the Parties") to the above-referenced action ("the 22 Action") recognize the value of attempting to resolve their case in advance of trial, 23 The Parties, and each of them, hereby stipulate and agree as follows: 24 1) To submit the Action to mediation through EMP. 25 2) To.identify a mutually agreeable mediation service provider; obtain that 26 individual's agreement tri act as mediator in the Action; and submit a 27 declaration confirming the name, firrn name, mailing address, phone/fax 28 numbers and e-mail address (if available) of the engaged mediator to the 1 ADR Programs Office no later than fifteen (15) days after the date of this 2 stipulation. 3 3) To observe the time limit for completion of mediation established by the 4 judge to whom the Action has been assigned and/or by EMP staff. 5 4) To participate, in good faith, in the mediation of the Action. 6 5) To complete and timely submit all post-mediation and post-disposition 7 survey devices, as.required under the terms of the pilot project grant 8 agreement between Contra Costa Superior Court and the Judicial Council 9 of California. 10 The Parties have already agreed to-and engaged a mediator for the 11 Action. A statement of the mediator's name, firm name, mailing address, 12 phone/fax numbers and e-mail address (if available) is attached hereto as 13 Exhibit A. 14 15 Date Plaints (s)--Print ame(s) 16 17 By: Signature of counsel or patty in propia persona 18 19 Print Rime 20 21 Datea ndant(s)--Pantarae s) 22 23 6Y•Signature of counsel or party in propia persona 24 Print Name 25 26 [Attach additional signature pages if necessary. This stipulation may be signed in 27 counterparts.] 28 empwup.w CONTRA COSTA COUNTY SUPERIOR COURT ALTERNATIVE DISPUTE RESOLUTION INFORMATION SHEET Contra Cosfa County Superior Court offers numerous alternative dispute resolution options to civil litigants at various stages of a case. These options encourage they parties to resolve their dispute instead of proceeding to trial. This information sheet explains the nature of the various alternative dispute resolution options and the procedures used in each of the court's alternative dispute resolution programs. Further information is contained in the.Rules of Practice and Procedure for AbR Programs, Appendix C of the rcr: Local Rules,. and the Court's. b.s te,_www.cc- courts.o ..._. _ - THE "SCAN" PROGRAM Summary Case Asseemment by Neutrals At the initial status conferences held under the Fast Track rules, the court will identify uses for inclusion in the program. Selection criteria will include subject matter, number of parties and complexity of issues, Ideally, the best candidates for the program will be commercial litigation matters involving no more than two or three parties in which it does not appear that resolution of a legal issue alone will determine the prevailing party. Cases selected for the SCAN program will still be eligible for all additional alternative dispute resolution techniques available to other civil cases. The purpose of this program is to provide litigants and their counsel with an early neutral assessment of their case resulting from a conference with one or two experienced litigators. It is hoped that the output of this conference will enable counsel and their clients to confirm the value of the claire, predict probable case outcome (to the extent this is possible in a jury trial system), and choose from the wide array of available case management tools those which are most likely to lead to.a cost-effective disposition of the dispute. Unlike the EASE Program, described below, it Is not the purpose of this program to achieve a settlement of the case at the SCAN conference, although it is contemplated that a number of matters will settle shortly thereafter. The. principle focus of the program is to provide an early, neutral "read' on the case, leaving the parties in a better position to resolve the case on their awn. The SCAN conferences will be scheduled at the convenience of the parties and the neutral(s), subject to a deadline imposed by the assigned judge. The parties will be required to attend the conference with counsel. Written statements not to exceed five pages summarizing the facts and the key legal%arguments, including relevant legal authority, will be provided to the neutral evaluator(s), exchanged with opposing counsel and a copy submitted to the ADR Director no later than five court days in advance of the conference. Special Note; SCAN evaluators volunteer to give two hours of pro bong service on each case, or consolidated wase, they accept, ADR Programs Office guidelines provide that the evaluator will devote up to one hour of time to preparation and scheduling, and the two hours of actual evaluation conference time on a pro bond basis. Any deviation from these guidelines resulting in less pro bona time should be discussedfagreed in advance between the evaluator and counsel. " THE "EASE" PROGRAM Extra-Assistance-to §ettle Early At the first status conference, either by stipulation of the parties or by direction of the court, a civil case may be referred to the EASE program. (EP+SE is Contra Costa Superior Court's early mediation program for Unlimited Jurisdiction cases.) At the time of the reference to EASE, counsel are provided with a list of mediation panelists who have subject matter else appropriate to the case. The vast majority of EASE mediation panelists are experienced attorneys. A few are professionals in other fields (e.g., CPA,, real estate professional). Counsel must coater, mutually agree on a mediator and confirm that mediator's willingness and ability to take the assignment. Counsel then must submit a written confirmation of the above to the ADR Programs Office, on a form provided, no later than fourteen days following the reference to EASE. The EASE conference is scheduled by the mediator and ordinarily takes place at the mediator's office. EASE statements must be received by the mediator and by the court's Direc#or of ADR Programs no liter than five days before the conference, Unless specifically excused by the judge_at the status conference, the EASE conference must be attended by all principals or clients and all claims representatives. The mediator's goal is to help the parties resolve their case. The mediator ordinarily spends a morning or an afternoon with the parties analyzing the issues involved in the case, investigating the strengths and weaknesses of the�various arguments presented by all sides, and exploring the possibility of an early-settlement. If the case does not settle, the mediator considers options for streamlining discovery and other pretrial proceedings. Following the EASE conference, if authorized by all participants in the mediation, the mediator prepares a confidential written summary for the assigned judge. Special Dote; EASE mediators volunteer to give two hours of pro bona service on each case, or consolidated case, they accept. 2 JUDICIAL.ARBITRATION Under California Code of Civil Procedure, Section 1141.10 et seq., all cases in which the amount 1n controversy does not exceed $50,000 must be submitted to judicial arbitration. A plaintiff may stipulate to limit his or her recovery to$50,000, in which case the matter will be submitted to judicial arbitration. The parties may also stipulate_ to judicial arbitration regardless of the amount in controversy. Cases submitted to judicial arbitration are heard by an arbitrator selected from the list of approved arbitrators maintained in the Alternative Dispute Resolution Programs Office.--Parties-are generally able to select an arbitrator c0#their choice from the list, but if they cannot agree an arbitrator will be assigned. Under California Code of Civil Procedure, Section 1141.18, arbitrators are paid at the rate of$1500 per case or $150 per day, whichever is greater. All of the arbitrators on the court's list have agreed either to waive compensation or to look solely to the parties for their compensation. The arbitration is less formal than a trial, and usually takes place in the arbitrator's office. The arbitrator listeria to argument and to the testimony of witnesses taken under oath, but formal rules of evidence do not apply. The arbitrator then renders a decision. Unless the parties stipulate#heat the arbitration will be binding, either party may request a trial de novo. if a new triad is not requested within 30 days, or such lesser period as the parties may agree, the decision becomes an enforceable final judgment in the case. BINDING PRIVATE ARBITRATION At any time during the pendency.of the case, the parties may stipulate to binding private arbitration. If the parties so stipulate, the case is removed from the court's docket By agreeing to binding arbitration, the parties give up their right to judicial review of the arbitrator's decision, except for the limited reasons scat forth under California. Code of Civil Procedure, Section 1286.2. The rules for the conduct and enforcement of binding arbitration are similar to the rules for judicial arbitration and are set forth in California Code of Civil Procedure, Section 1280 et seq. Arbitrators may,.but are not required, to be selected from the approved list maintained by the Alternative Diispute Resolution Programs Office for non-binding judicial arbitrations. The parties*are responsible for paying the arbitrator's fees and the arbitrator is not limited in the amount charged. The parties are also free to select an arbitrator not on the court's-approved list if they so desire. 3 PRIVATE MEDIATION Mediation is a facilitated negotiation process. In a mediation, a neutral third party hsps the parties focus on their underlying interests and aids in the communication between the disputants. The mediator has no authority to issue a decision as to who is right or wrong. There is no winner or laser in a mediation; the goal of mediation is to reach a negotiated resolution acceptable to all parties. Most mediators require that the parties thmsplves, as well as their counsel, personally attend the mediatic session._.Although mediator's styles differ, most mediators will question the parties and their lawyers carefully about their true goals and interests in proceeding with the case, and will explore the strengths and weaknesses of the case in order to ensure that a realistic assessment of the risks and possible benefits is being considered. Frequently, parties become fixed on their competing positions and a neutral third party, trained in dispute resolution techniques, can assist in finding areas of agreement and compromise. In order to promote an open exchange of ideas and information, most mediators require that the mediation be made completely confidential under California Evidence Code Section 1152.5 and that no report of the mediator's impressions is disclosed to anyone, including the court. The mediation session ordinarily takes place in a neutral location such as the mediator's office. Most mediators charge fees for their services, which the parties are responsible for paying, although there are a number of non-profit groups in Contra Costa County offering free or low cast mediation services. The court's Director of ADR Programs is available to discuss available mediation services. Although private mediation is often most effective at the early stages of a case, the parties may stipulate to mediation at any stage of the proceedings. The court generally will not, however, atter fast track deadlines in order to accommodate a private mediation. SPECIAL MASTER A special master is a private lawyer, retired judge, or other person appointed by the court to perform any of a wide variety of tasks such as case management, resolution of discovery disputes;fact-finding, and,settlement negotiations. Special masters are especially useful in the organization of large, multiparty disputes such as construction cases. The precise authority of the master is set forth in the court's order of appointment. The master generally issues a report and recommendations to the court, and parties are given an opportunity to object. 4 Special masters are usually appointed based on the stipulation of the parties and are paid by the parties. In a limited number of situations set forth in California Code of Civil Procedure Section 639, the court may appoint a special master/referee without the consent of the parties and order the parties to pay the reasonable costs of the appointment. THE "SMART" PROGRAM Special Masters Actively Resolving Trials On the morning of trial, either by stipulation of the parties or by direction of the court;-a civil-case-may-be referred to the SMART program. In this program, the case is assigned to a mediator who will conduct a settlement conference on behalf of the court. The mediator W II spend from one and a half to three hours reviewing the issues, analyzing the case with the parties, and making settlement recommendations when appropriate. Accordingly, on the morning of trial, unless excused by the judge at the issue conference, all parties'must have in attendance all principals or clients and all claims representatives. SMART program mediators are selected from volunteer attorneys provided by the Centra Costa County Ser Association. They are highly experienced attorneys who generally have background in the subject matter of the uses they are assigned. SMART.mediators are provided with copies of the issue conference statements in advance of the settlement discussions, and they ordinarily have reviewed with the judge,any prior settlement discussions that have occurred under the direction of the court. Although confidential information may be shared with the mediator and not disclosed to the other side, any information provided to the mediator may be shared with the judge. When appropriate, the mediator may choose to involve the judge directly in the settlement discussions. THE "TOT" PROGRAM Trials On Time Either in advance of trial or, if a courtroom is unavailable, on the morning of trial, the parties may stipulate to participate in the TOT program. In this program, the parties agree that their case may be,heard by a volunteer Pro Tem Judge appointed under Article S, Section 21 of the State Constitution and Rule 244 of the California Rules of Court. If the parties so agree, the program guarantees a date certain for the trial (usually within three-four months) and a trial judge who will hear the case from 9:00 am to 5:00 p.m. each day. The parties obtain a jury panel from the regular jury pool and preserve their right of appeal. A bailiff and clerk are provided on the first day of trial only, and the parties must provide their own court reporter. 5 The TOT program is designed principally for jury trials of not more than five days in total length with issues controlled by BA,JL Effectively, this means cases in which the case will go to the jury by early to mid-afternoon on Thursday, assuming a regular Monday start date. In special circumstances= however, the court will consider assignment of longer cases and court trials to the TOT program. Pro Tem Judges are selected, by counsel, from a list of experienced volunteer attorneys. CV-eSWDT/ReY.9-25.01 SUPERIOR COURT OF CALIFORNIA,COUNTY OF CONTRA COSTA FOR 00YRT USE ONLY 726,0 T STREET,ROOM 103 MARTINEZ,CA 94653 PLAINTIFF(S) vs DEFENDANT($) STIPULATION AND ORDER RE: PARTICIP,AT -Its .. ... „ CASE NCr AL.TI I�II�%.�'11d'I�"N PU Te RES.OLU'Ct'i~ N ,�ADFi In connection with the stipulation placing the above case in The court's EASE CExtra Assistance to Settle Early"}Mediation Program Private mediation The undersigned stipulate,on half of themselves and their clients, and the court so orders counsel and their respective clients: 1) To follow all instructions issued by the Judge assigning the matter to mediation 2) In the case of reference to the court's EASE Mediation Program,to follow all ADR Programs Office instructions and protocol. . 3) To observe all statutes,statewide rules of court and local rugs of court regarding participation in ADR. 4) To make the following commitments with regard to participation in EASE Mediation: a. Than trial counsel,with full knowledge of the case, and all clients or principals,will pSr sa r}�r1al V attend the EASE Mediation conference or conferences. (Local Rules of Court,Appendix 0,Section MS.) b. That a claims representative for each insured party,with hall settlement authority and full knowledge of the insurance claim file,will personally attend the EASE Mediation conference or cbnferences. (Appendix C, Sectlon 266.) c. That a confidential written EASE statement, containing the infbrmation set forth in Appendix C,Section.2t4 subparts(a)through,(f)will be submitted to the mediator and served on all other parties five(5)court days 1n advance of the EASE mediation conference. d. That the parties Wil have completed sufficient Investigation and discovery to enable meaningful participation in the EASE Mediation Conference and to make efficient use of, the mediator's time. e. That counsel will discuss the mediation process in depth with their clients and prepare them for meaningful participation In mediation,sufficiently In advance of the EASE Mediation conference. SMPULAnc3N AND ORM RE*PARTICWAnoN IN AL7SRNA'rM WPM RESMrJTM(•°Wr) (PAGE I Or-2) r Counsel understand and will advise they clients that any failure to observe and comply with the above terms may result In court:Imposed sanctions, both monetary and/or non-monetary, including termination of a party's right to prosecute or defend this litigation. Date Plaintiff(s)—Print Name(s) By. Signature of counsel or party in propla persona Print Name Bate Plaintiff(s)—Print Name(s) By. Signature of counsel or party in propla persona Date Defendant(s)-7Print Name(s) Print Name By. Signature of€ounsel or party In propla persona Print Name Date Defendant(s)--Prim Name(s) By. Signature of counsel or party in propla persona Print Name IT IS So ORDERED. Date JUDGE,SUPERIOR COURT DISTRIBUT PH: ORIGI AL.MLLO M-COURT WHITE-PLAWIFP'(S)COUNSEL ar E-DEFENDANT(S)COUNSEL GrJt,DENROD _ _—_ G1V-542MT/Rw.4«23-o1 sTIPMAAT#ON AND ORDER.RL:PART1crPAT=1 IN AL.TERNAmvE DispuTE RF.SOLuWN J#ADW) (PAGE 2 OF 2) COMMUNITY-BASED DISPUTE RESOLUTION SERVICE PROVIDERS There are tv�o community-based dispute resolution programs in Contra Costa County which are funded, in part, by Dispute Resolution Programs Act funds. Both of these organizations offer confidential, cost-effective ADR services utilizing trained, volunteer neutrals. Their services are provided either free of charge or at a very low cost to the parties. Please call them.directly for further information. Conflict Resolution Panels of Contra Costa {"CRP"} 925-798-6132 Californiary� ��++ Community Dispute Services ("CCDS-) 510-231-4190 CV giE3Z M6V."I OFFICE OF THE COUNTY COUNSEL SILVANo B.MARCHESI COUNTY COUNSEL. COUNTY OF CONTRA COSTA Administration Building 651 Pine Street, 91"Floor SHARON I . ANDERSON,,' , Martinez, California 94553-1229 , F' / CHIEF ASSISTANT 77 GREGORY C. HARVEY (925) 335-1800 i�Cl9 +o- 'd'll 6" <, r-��t I VALERIE J. RANCHE (925) 646-1078 (fax) ��'�'�< � m ' � ASSt5TANTS ft January 30, 2004 Contra Costa County Clerk of the Board Attn: Emelda Sharp Room 146 651 Pine Street, 1"Floor Martinez, CA 94553 RE: Claim for indemnity by Blackhawk Homeowner's Association and Country Club at Blackhawk Improvement Association, Inc. Dear Emy: Enclosed is a claim for indemnification by the Blackhawk Homeowner's Association and Country Club at Blackhawk Improvement Association, Inc. that was personally served on the Blackhawk CHAD General Manager, Richard Short, on January 21, 2004. Please process this claim accordingly. If you have any questions, please feel free to call me at 335-1868. Very truly yours, Silvan B. Marchesi County Counsel By: Beatrice Liu Deputy County Counsel cc: Sharon Hymes-Offord, Risk Management CLAIM D06".0F SUPERVISORS OF CONTRA. COSTA COLNTY MARCH 09, 2404 BOARD AC`I'It)T .+4ARQ11 ,--2.004 Claim Against the County, or District Governed by ) the Board of Supervisors,Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action, All Section references are to ) The copy of this document mailed to you is your California Government Codes. ) notice of the action taken on your claim by the Board of Supervisors. (Paragraph IV below), given Pursuant to Government Code Section 913 and 915.4. Please note all"Warnings". AMOUNT: EXCESS OF $75,000.00 CLAIMANT: DAVID J. TARNOWSKI ATTORNEY: MARC L. TERBEEK DATE RECEIVED: FEBRUARY 02, 2004 ADDRESS: MEHLMAN - TERBEEK, LLP BY DELIVERY TO CLERK ON:FEBRUARY 02, 2004 350 N. WIGEI' LANE, SUITE 154 WALNUT CREEK, CA 94598-2406 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 SWEETE , Bated: FEBRUARY 03, 2404 .. By: Deputy II, WOW County Counsel. TO: Clerk of the Beard of Supervi rs (,,,)'This claim complies substantially with Sections 910 and 910.2. d ( } 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 County 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. OAORDER: By unanimous vote of the Supervisors present: (t� R? This Claim is:rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: �' JOHN SWEETEN, CLERK, By , Deputy Clerk WARNING(Gov. code section 913) Subject to certain exceptions, you have only six(6) months from the date this notice was personally served or deposi 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 darning 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 fu prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: -&VHN SWEETEN,CLERK By Deputy Cl I EXHIBIT A 6 s } f U W 2 b U r 0 �i d w z w C w U ..�e:s . . . .�.�:�:�.... �~.. .. f { / � { [ { ( \ [ / [ { \ { { { \ { { { \ { � ( ( 1 STEVEN J. MEHLMANT CSB #95881 -� MARC L. TERBEEK CSB #166098 2 MEHLUAT^v+.•TERBEEK LLP 350 N. Wiget Lane, Suite 150 rFE80 2 2004 3 Walnut Creek, California 94598-2406 Telephone(925) 935-3575 �`c'�Jki', h 4 Fascimile (92,5)935-1789 ROO 5 Attorneys for David J. Tarnowski 6 7 UNITED STATES DISTRICT COURT 8 DISTRICT OF NORTHERN CALIFORNIA 9 DAVID J. TA.RNOWSKI Case No: None Assigned 10 Claimant, NOTICE OF CLAIM FOR PERSONAL 11 INJURIES vs. 12 COUNTY OF CONTRA COSTA, CONTRA COSTA COUNTY SHERIFF'S 13 DEPARTMENT, CONTRA COSTA COUNTY DISTRICT ATTORNEY, CITY 14 OF ORINDA, ORINDA POLICE DEPARTMENT, ROBERT KOCHLY, 15 CHRIS WALPOLE, OFC TIMOTHY BURKE, OFC CARI BARLOW, OFC 16 MARK CHRISTIANSEN AND DOES ONE THROUGH ONE HUNDRED 17 18 19 TO THE ENTITIES AND PERSONS IDENTIFIED IN THE ATTACHED PROOF 20 OF SERVICE: 21 You are hereby notified that DAVID J. TAR_NOWSKI claims damages as set forth in the 22 attached Exhibit A; "CLAIM FOR BERSONAL INJURY- GOYERNMENT COBE 23 SECTION 910." Additional information concerning this claim is disclosed in the attached 24 Exhibit A. 25 Dated; February 2, 2004 MEHLMAN❖TExBEEx LLP 26 411(i� 27 By. Marc L. TerBeek 28 Attorneys for Claimant Notice of Claim CLAIM FOR PERSONAL INJURY-- GOVERNMENT CODE SECTION 9.10 A. Claimant Information Claimant: David J Tarnowski [D.O.B. 04/25/49] Mailing Address: 233 Melody Lane, Orinda, California 94563 Telephone No: (925) 788-4169 B. Names of Public Entities/Employees Against Whom Claim Asserted County of Contra Costa Contra Costa County District Attorneys' Office Robert Kochly, Contra Costa County D.A./Chris Walpole, Contra Costa County A.D.A. Contra Costa County Sheriff's Office City of Orinda Orinda Police Department Ofc Timothy Burke Ofc Cari Barlow Ofc Mark Christiansen C. Incident Date & Location August 6, 2003, Orinda, California(Contra Costa County) D. Amount of CIaim This is an Unlimited Jurisdiction Claim for general and special damages in excess of$75,000. E. General Statement of Factual Circumstances Underlying Claim On August 6, 2003, David Tarnowski (DT), a 54-year-old electrical engineer with no criminal history was detained by Ofc. Timothy Burke in a routine traffic stop. Claimant is informed and believes that Ofe Burke is a Police Officer with the Orinda Police Department performing services pursuant to a contract with the County of Contra Costa and/or the Contra Costa County Sheriff's Department. In detaining Claimant for this routine traffic stop, Ofe Burke assaulted and battered Claimant, without just cause and using excessive force, in violation of state and federal law and applicable Orinda Police Department/Contra Costa Sheriff's Department procedures. Thereafter, Claimant was unlawfully arrested, detained,jailed, confined, slandered, libeled, and maliciously prosecuted, all without just cause and in retaliation for his exercise of his legal rights under state and federal statutory and Constitutional law, including but not limited to 42 U.S.C. 1983. 1 All of the forgoing entities and persons are liable for Claimant's injuries, in that they and/or their agents either performed the unlawful acts that actually resulted in the claimed assault, battery, slander, libel, and unlawful arrest, detention,jailing, confinement and malicious prosecution of Claimant,'or conspired with other entities and/or persons to perform such unlawful acts. F. Nature of Injuries Claimed Claimant has sustained injuries to his health and strength, including but not limited to injuries to his arms, hands, neck, upper body, and upper extremities. Claimant also has sustained injures to his psyche, including severe mental and emotional distress. Claimant has incurred medical expense and income loss as a result of the conduct outlined herein. G. List of Entities Served With This Notice 1. County of Contra Costa: Stephen L. Weir, County Clerk-Recorder John Sweeten, County Adminstrator Silvano Marchesi,County Counsel 651 Pine Street, 11`x'Floor Martinez, California 94553 2. Contra Costa County District Attorneys' Office: Robert Kochly, District Attorney Chris Walpole, Assistant District Attorney 725 Court Street, Room 402 Martinez, California 94553 3. Contra Costa County Sheriff s Office: Warren E. Rupf, Sheriff-Coroner Ofc Timothy Burke Ofc Cari Barlow Ofc Mark Christiansen 651 Pine Street, 7''Floor Martinez, California 94553 4. City of Orinda: William A. Lindsay, City Manager Judith A. Hansen, City Clerk Linda Roodhouse, City Attorney 14 Altarinda Road& P.O. Box 2000 Orinda, California 94563 5. Orinda Police Department: Dan Lawrence, Chief of Police Ofc Timothy Burke Ofc Cari Barlow Ofc Mark Christiansen 14 Altarinda Road &P.O. Box 2000 Orinda, California 94563 2 Gov't Tort Claim—Tamowski v CCC, et al _.. . _. H. Address for Service of Related Notices or Communications All notices or communications regarding this claim should be sent to the following address: MEHLMAN•2 TERBEEK LLP Attention: Marc L. TerBeek Attorneys for Claimant David J. Tarnowski 350 N. Wiget Lane, Suite 150 Walnut Creek, California 94598-2406 Telephone (925) 935-3575 Fascimile (925) 935-1789 Date: February 2, 2004 MEHLMAN v TE Ex LLP By: AA 1- ME 'l Marc L. TerBeek Attorneys for Claimant 3 Gov't Tort Claim—Tarnowski v CCC, et al 1 PROOF OF SERVICE [C.C.P. §§ 1013, 2015.5, 2008] 2 3 Re: U.S. DISTRICT COURT,NORTHERN DISTRICT OF CALIFORNIA TARNOWSKI V. COUNTY OF CONTRA COSTA, et al. 4 I, Karen Kornfeld, am a citizen of the United States and employed in Contra Costa 5 County, California. I am over the age of eighteen years and not a party to the within action. 6 My business address is 350 N. Wiget Lane, Suite 150, Walnut Creek, CA 94598. On February 7 2, 2004 I served: NOTICE OF CLAIM FOR PERSONAL INJURIES 8 9 X by MAIL as follows: by causing a true copy thereof enclosed in a sealed envelope,with postage thereon fully prepaid,to be placed in the 10 United States Post Office mail box at Walnut Creek, California, addressed as indicated below. (I am readily familiar with this business' 11 practice of collecting and processing correspondence for mailing. It is deposited with the U.S. Postal Service on the same day in the 12 ordinary course of business). 13 X by OVERNIGHT MAIL causing a true copy thereof to be placed in FEDERAL EXPRESS MAIL on Wiget Lane, in Walnut Creek, CA 14 before the final collection time, addressed as indicated below following ordinary business practice, said practice being that in the 15 ordinary course of business, correspondence is deposited in the Federal Express Depository on the same day as it is placed for 16 processing. 17 X By U.S. POSTAL EXPRESS MAIL BY causing a copy thereof to be placed in the collection box before the final collection time, addressed as indicated below 18 following ordinary business practice, said practice being that in the ordinary course of business, correspondence is deposited in the Federal Express Depository on the 19 same day as it is placed for processing. 20 _ by FACSIMILE as follows: I caused the said document to be transmitted by Facsimile machine to the addressee(s) at their fax 21 numbers indicated below. The Facsimile machine I used complied with Rule 2003(3) and no 22 error was reported by the machine. Pursuant to Rule 2005(i), I caused the machine to print a transmission record of the transmission. 23 County of Contra Costa: Via mail & Fed. Express 24 Stephen L. Weir, County Clerk-Recorder 651 Pine Street, 11'Floor 25 Martinez, California 94553 26 County of Contra Costa: Via mail & Fed. Express John Sweeten, County Administrator 27 651 Pine Street, 11'Floor Martinez, California 94553 28 PROOF OF SERVICE 1 County of Contra Costa: Via mail & Fed.Express Silvano Marchesi,County Counsel 2 651 Pine Street, 11'Floor Martinez, California 94553 3 Contra Costa County District Attorneys' Office: Via mail&Fed. Express 4 Robert Kochly,District Attorney 725 Court Street,Room 402 5 Martinez, California 94553 6 Contra Costa County District Attorneys' Office: Via mail & Fed. Express Chris Walpole, Assistant District Attorney 7 725 Court Street,Room 402 Martinez, California 94553 Contra Costa County Sheriff's Office: Via Mail & Fed. Express 9 Warren E. Rupf, Sheriff-Coroner 651 Pine Street, 7''Floor 10 Martinez, California 94553 11 Contra Costa County Sheriff's Office: Via.Mail &.Fed. Express Ofc Timothy Burke 12 651 Pine Street, 7`'Floor Martinez, California 94553 13 Contra Costa County Sheriffs Office: Via Mail& Fed. Express 14 Ofc Cari Barlow 651 Pine Street, 7'Floor 15 Martinez, California 94553 16 Contra Costa.County Sheriff s Office: Via.Mail & Fed. Express Ofc Mark Christiansen 17 651 Pine Street, 7'Floor Martinez, California 94553 18 City of Orinda: Via Mail & Fed. Express 19 William A. Lindsay, City Manager 14 Altarinda Road 20 Orinda, California 94563 21 City of Orinda: Via Mail & U.S. Postal Express William A. Lindsay, City Manager 22 P.O. Box 2000 Orinda, California 94563 23 City of Orinda: Via Mail & Fed. Express 24 Judith A. Hansen, City Clerk 1.4 Altarinda Road 25 Orinda, California 94563 26 City of Orinda: Via Mail and U.S. Postal Express Judith A. Hansen., City Clerk 27 P.U. Box 2040 Orinda, California 94563 2$ PROOF OF SERVICE 2 _. City of Orinda: Via Mail& Fed. Express Linda Roodhouse, City Attorney 1 14 Altarinda Road Orinda, California 94563 2 City of Orinda: Via Mail & U.S. Postal Express 3 Linda Roodhouse, City Attorney P.O. Box 2004 4 Orinda, California 94563 5 Orinda Police Department: Via Mail and Fed. Express Dan Lawrence, Chief of Police 6 14 Altarinda Road Orinda, California 94563 7 Orinda Police Department: Via Mail & U.S. Postal Express S Dan Lawrence, Chief of Police P.O. Box 2000 9 Orinda, California 94563 10 Orinda Police Department: Via Mail & Fed. Express Ofc Timothy Burke 11 14 Altarinda Road 12 Orinda, California 94563 Orinda Police Department: Via Mail & U.S. Postal Express 13 Ofc Timothy Burke P.O. Box 2000 14 Orinda, California 94563 15 Orinda Police Department: Via Mail & Fed. Express Ofc Cari Barlow 16 14 Altarinda Road 17 Orinda, California 94563 Orinda Police Department: Via Mail & U.S. Postal Express is Ofc Cari Barlow P.O. Box 2000 19 Orinda, California 94563 20 Orinda Police Department: Via Mail & Fed. Express Ofc Mark Christiansen 21 14 Altarinda Road 22 Orinda, California 94563 Orinda Police Department: Via Mail & U.S. Postal Express 23 Ofc Mark Christiansen P.O. Box 2000 24 Orinda, California 94563 25 I declare under penalty of per ury under the laws of the State of California that the foregoing is 26 true and correct, and that this.Declaration was executed on Feb. 2, 2004, at Walnut Creek, California. 27 Z4�11� 28 Karen Kornfeld -Gov't Tort Claim—Tarnowski v CCC, et al i RECEI I STEVEN J. MEIiL.MAN CSB #95881 FE1 0 3 2004 MARC L. TERBEEK CSB #166098 2 MEHLMAN*'++TERBEEK LLP " , v ( �ErWi ops 350 N. Wiget Lane, Suite 150 vz3w?r c . 3 Walnut Creek., California 94598-2406 Telephone (925) 935-3575 4 Fascimile (925) 935-1789 5 Attorneys for David J. Tarnowski 6 7 UNITED STATES DISTRICT COURT 8 DISTRICT OF NORTHERN CALIFORNIA 9 DAVID J. TARNOWSKI Case No: None Assigned 10Claimant, NOTICE OF CLAIM FOR PERSONAL 11 INJURIES vs. 12 COUNTY OF CONTRA COSTA, CNTRA COSTA COY 13 DEPARTMENT, CONS COSTFF'S COUNTY DISTRICT ATTORNEY, CITY 14 OF OR.INDA, ORINDA POLICE DEPARTMENT, ROBERT KOCHLY, 15 CHRIS WALPOLE, OFC TIMOTHY BURKE, OFC CARI BARLOW, OFC 16 MARK...CHRISTIANSEN AND DOES ONE THROUGH ONE HUNDRED 17 18 19 TO THE ENTITIES AND PERSONS IDENTIFIED IN THE ATTACHED PROOF 20 OF SERVICE: 21 You are hereby notified that DAVID J. TARNOWSKI claims damages as set forth in the 22 attached Exhibit A: "CLAIM FOR PERSONAL.INJURY—GOVERNMENT Ct�l)E 23 SECTION 910" Additional information concerning this claim is disclosed in the attached 24 Exhibit A. 25 Dated: February 2, 2004 MEHLMAN•:=TERBEEK LLP 26 27 By: Marc L. TerBeek 28 Attorneys for Claimant Notice of Claim EXHtBtT A f 31 b x 0 U LL WQ CLAIM FOR PERSONAL INJURY— GCIIrERN1#IENT Cf)DE SECTION 910 A. ClaimantInformation Claimant: David J Tarnowski [D.O.B. 04/25/49] Mailing Address: 233 Melody Lane, Orinda, California 94563 Telephone No: (925) 788-4169 B. Names of Public Entities/EmploYees Against Whom Claim Asserted County of Contra Costa Contra Costa County District Attorneys' Office Robert Kochly, Contra Costa County D.A./Chris "Walpole, Contra Costa County A.D.A. Contra Costa County Sheriff s Office City of Orinda Orinda Police Department Ofc Timothy Burke Ofe Cari Barlow Ofc Mark Christiansen C. Incident Date & Location August 6, 2003, Orinda, California(Contra Costa County) D. Amount of Claim This is an Unlimited Jurisdiction Claim for general and special damages in excess of$75,000. E. General Statement of.Factual Circumstances Underlying Claim On August 6, 2003,David Tarnowski (DT), a 54-year-old electrical engineer with no criminal history was detained by Ofe. Timothy Burke in a routine traffic stop. Claimant is informed and believes that Ofe Burke is a Police Officer with the Orinda Police Department performing services pursuant to a contract with the County of Contra Costa and/or the Contra Costa County Sheriff's Department. In detaining Claimant for this routine traffic stop, Ofe Burke assaulted and battered Claimant, without just cause and using excessive force, in violation of state and federal law and applicable Orinda Police Department/Contra Costa Sheriff's Department procedures. Thereafter, Claimant was unlawfully arrested, detained,jailed, confined, slandered, libeled, and maliciously prosecuted, all without just cause and in retaliation for his exercise of his legal rights under state and federal statutory and Constitutional law, including but not limited to 42 U.S.C. 1983. 1 All of the forgoing entities and persons are liable for Claimant's injuries, in that they and/or their agents either performed the unlawful acts that actually resulted in the claimed assault,battery, slander, libel, and unlawful arrest, detention;jailing,confinement and malicious prosecution of Claimant,,or conspired with other entities and/or persons to perform such unlawful acts. F. Nature of Injuries Maimed Claimant has sustained injuries to his health and strength, including but not limited to injuries to his arms, hands,neck,upper body, and upper extremities. Claimant also has sustained injuries to his psyche, including severe mental and emotional distress. Claimant has incurred medical expense and income loss as a result of the conduct outlined herein. G. List of/entities Served With This Notice 1. County of Contra Costa: Stephen L. Weir, County Clerk-Recorder John Sweeten, County Adminstrator Silvano Marchesi,County Counsel 651 Pine Street, 11'Floor Martinez, California 94553 2. Contra Costa County District Attorneys' Office: Robert Kochly, District Attorney Chris Walpole,Assistant District Attorney 725 Court Street,Room 402 Martinez, California 94553 3. Contra Costa County Sheriff s Office: Warren B. Rupf, Sheriff-Coroner Ofc Timothy Burke Ofe Cari Barlow Ofe Mark.Christiansen 651 Pine Street, 7`t'Floor Martinez, California 94553 4. City of Orinda: William A. Lindsay, City Manager Judith A. Hansen, City Clerk Linda Roodhouse, City Attorney 14 Altarinda Road& P.O. Box 2000 Orinda, California 94563 5. Orinda Police Department: Dan Lawrence, Chief of Police Ofe Timothy Burke Ofe Cari Barlow Ofe Mark. Christiansen 14 A.ltarinda Road&P.O. Box 2000 Orinda, California 94563 2 Gov't Tort Claim—Tarnowski v CCC, et al H. Address for Service'ofRelated Notices or Communications All notices or communications regarding this claim should be sent to the following address: MEHLMAN 44-TERBEEK LLP Attention: Marc L. TerBeek Attorneys for Claimant David J. Tarnowski 350 N. Wiget Lane, Suite 150 Walnut Creep, California 94598--2406 Telephone (925) 935-3575 Fascimile (925) 935-1789 Date: February 2, 2004 MEHLMAN 4t TERB EK-LLP By: A�Axk— Marc L. TerBeek Attorneys for Claimant 3 Gov't Tort Claim–Tarnowski v CCC, et al 1 PROOF OF SERVICE [C.C.P. §§ 1013, 2015.5, 2008] 2 3 Re: U.S. DISTRICT COURT, NORTHERN DISTRICT OF CALIFORNIA TARNOWSKI V. COUNTY OF CONTRA COSTA, et al. 4 I, Karen Komfeld, am a citizen of the United States and employed in Contra Costa 5 County, California. I am over the age of eighteen years and not a party to the within action. 6 My business address is 350 N. Wiget Lane, Suite 150, Walnut Creek, CA 94598. On February 7 2, :2004 I served: NOTICE OF CLAIM FOR PERSONAL INJURIES 8 9 X by MAIL as follows: by causing a true copy thereof enclosed in a sealed envelope,with postage thereon fully prepaid,to be placed in the 10 United States Past Office mail box at Walnut Creek, California, addressed as indicated below. (I am readily familiar with this business' 11 practice of collecting and processing correspondence for mailing. It is deposited with the U.S. Postal Service on the same day in the 12 ordinary course of business). 13 X by OVERNIGHT MAIL causing a true copy thereof to be placed in FEDERAL EXPRESS MAIL on Wiget Lane, in Walnut Creek, CA 14 before the final collection time, addressed as indicated below following ordinary business practice, said practice being that in the 15 ordinary course of business, correspondence is deposited in the Federal Express Depository on the same day as it is placed for 16 processing. 17 X By U.S. POSTAL EXPRESS MAIL BY causing a copy thereof to be placed in the collection box before the final collection time, addressed as indicated below 18 following ordinary business practice,said practice being that in the ordinary course of business, correspondence is deposited in the Federal Express Depository on the 19 same day as it is placed for processing. 20 by FACSIMILE as follows: I caused the said document to be transmitted by Facsimile machine to the addressee(s) at their fax 21 numbers indicated below. The Facsimile machine I used complied with Rule 2003(3) and no 22 error was reported by the machine. Pursuant to Rule 2005(i), I caused the machine to print a transmission record of the transmission. 23 County of Contra Costa: Via mail& Fed. Express 24 Stephen L. 'heir, County Clerk-Recorder 651 Pine Street, 11 ffi Floor 25 Martinez, California 94553 26 County of Contra Costa: Via mail & Fed. Express John Sweeten, County Administrator 27 651 Pine Street, 11''Floor .Martinez, California 94553 28 PROOF OF SERVICE 1 County of Contra Costa: Via mail & Fed. Express Silvano Marchesi,County Counsel 2 651 Pine Street, 1lt"Floor Martinez, California 94553 3 Contra Costa County District Attorneys' Office: Via mail& Fed. Express 4 Robert Kochly, District Attorney 725 Court Street, Room 402 5 Martinez, California 94553 6 Contra Costa County District Attorneys' Office: Via mail & Fed. Express Chris Walpole, Assistant District Attorney 7 725 Court Street, Room 402 Martinez, California 94553 8 Contra Costa County Sheriff s Office: Via Mail & Fed. Express 9 Warren E. Rupf, Sheriff-Coroner 651 Pine Street, 7th Floor 10 Martinez, California 94553 11 Contra Costa County Sheriffs Office: Via Mail&.Fed. Express Ofc Timothy Burke 12 651 Pine Street, 7"Floor Martinez, California 94553 13 Contra Costa County Sheriff's Office: Via Mail& Fed. Express 14 Ofc Cari Barlow 651 Pine Street, 7th Floor 15 Martinez, California 94553 16 Contra Costa County Sheriff's Office: Via Mail & Fed. Express Ofc Marr Christiansen 17 651 Pine Street, 7th Floor Martinez, California 94553 18 City of Orinda: Via Mail & Fed. Express 19 William A. Lindsay, City Manager 14 Altarinda Road 20 Orinda, California 94563 21 City of Orinda: Via Mail & U.S. Postal Express William A. Lindsay, City Manager 22 P.O. Box 2000 Orinda, California 94563 23 City of Orinda: Via Mail& Fed. Express 24 Judith A. Hansen, City Clerk 14 Altarinda Road 25 Orinda, California 94563 26 City of Orinda: Via Mail and U.S. Postal Express Judith A. Hansen, City Clerk. 27 P.U. Box 2000 Orinda, California 94563 28 PROOF OF SERVICE .. City of Orinda: Via Mail& Fed. Express Linda Roodhouse, City Attorney 1 14 Altarinda Road Orinda, California 94563 2 City of Orinda: Via Mail & U.S. Postal Express 3 Linda Roodhouse, City Attorney P.O. Box 2000 4 Orinda, California 94563 5 Orinda Police Department: Via Mail and Fed. Express Dan Lawrence, Chief of Police 6 14 Altarinda Road Orinda, California 94563 7 Orinda Police Department: Via Mail& U.S. Postal Express 8 Dan.Lawrence, Chief of Police P.O. Box 2000 9 Orinda, California 94563 10 Orinda Police Department: Via Mail & Fed. Express Ofc Timothy Burke 11 14 Altarinda Road 12 Orinda, California 94563 Orinda.Police Department: Via Mail & U.S. Postal Express 13 Ofc Timothy.Burke P.O. Box 2000 14 Orinda, California 94563 15 Orinda Police Department: Via Mail & Fed. Express Ofc Cari Barlow 16 14 Altarinda Road 17 Orinda, California 94563 Orinda Police.Department: Via Mail & U.S. Postal Express 18 Ofc Cari Barlow P.O. Box 2000 19 Orinda, California 94563 20 Orinda Police Department: Via Mail& Fed. Express Ofc Mark Christiansen 21 14 Altarinda Road zz Orinda, California 94563 Orinda Police Department: Via.Mail& U.S. Postal Express 23 Ofc Mark Christiansen P.O. Box.2000 24 Orinda, California 94563 25 1 declare under penalty of perjury under the laws of the State of California that the foregoing is 26 true and correct, and that this Declaration was executed on Feb. 2, 2004, at Walnut.Creek, California. 27 28 Karen Kornfeld .Gov't Tort Claim—Tarnowski v CCC, et al CLAIM • BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY MARCH 09} 2004 BOARD ACTION-. Gil-G-2 2 Claim Against the County, or District Governed by ) the Board of Supervisors,Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section references are to ) The copy of this document mailed to you is your California Government Codes. ) notice of the action taken on your claim by the Board of Supervisors, (Paragraph IV below), given Pursuant to Government Code Section 913 and 915.4. Please note all"Warnings". AMOUNT: $1,736.00 CLAIMANT: RHONA ORY ATTORNEY, UNKNOWN DATE RECEIVED: FEBRUARY 032 2004 ADDRESS. 1482 SUNSET LOOP BY DELIVERY TO CLERK ON: FEBRUARY 031 2004 LAFAYETTE, CA 94549 BY MAIL POSTMARKED: FEBRUARY 022, 2004 FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. JOIN SWEETEN, 1 Dated: FEBRUARY 02, 2004 By: Deputy... . . II. FROM: County Counsel. TO: Clerk of the Board of Supervisor {3This claim complies substantially with Sections 910 and 910.2. 4 ( ) 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: 4 Dated: yfOIL- By: t` jy� ` M -- 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. .110ARD 11.3).IV. .110AR.D 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: A44eCA !Z OeOwkeJOHN 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: '),o HN SWEETEN, CLERK By Deputy Clerk \ � { � { { { ( ],64 q 6 + { 1, 34 + 3 /l + \ 285•0 15 + ( 3, 4.82 * { � { { \ \ \ { ( ( \ \ ( { ^ ` ; { { ` { { a aim to. BOARD OF SUPERV SMS OF CWM C=A C OUN'?`Y INSFRCtcrIONS TO Cun4e A. Claims relating to causes of action for death or for injury to person or to per- sonal prcaperty or growing crops and which accrue on or before December 31, 1987, amt to presumted not later than the i.CDth day after the accrual of the cause of acti.can. Cid relating to ceases of.action' for.death or for injury to person Or to Pft=ml property Or VrOWing crags and Vfticn accrue on Or after Janes 1. 1988, must be presented not later than six mmths after the accrual of the cause of action. Claims relating to any other rise of action amt be presented not later than One Year after the a a^val Of the CaUft of action. (Govt. Code 5911.2.) H. Claims must be filed with the Clerk of the Board of Supervisors at its office in Rom 106j, County Administration Building, 65 . Pim 'Streets Martinez, CA 94553.. C. 1f claim is against a district governed by the Boarli of Supervisors, rather ',.ban the County, the rimae of the District should to filled B. If the dim is against more than one public entity, .separate claim must be filed against each public entity. .' Fes. See penalty for fraudulent claims, Penal. Cade Sec. 72 at the end of this ro m. RE. Claim 8y Reserved for Clerk's filling stoma EVE f0 4 n fi . � . wT The Unde-Miped oUimant hereby_ makes cpm against the City of tetra Costa or the above-named District in the >= of $ 0 0 and in support of this claim 'reprresents-as follows 1. When did the da e._or injur-y occur? (Give exact date and hour) 2. Vie.4 did the damage or ink oma? (dude city andcounty) 5. How dial the damage or injury, occur? (Gave fug, details; use,extra paper if required) fill' +f c OcA } ?4. rr ' What particular act cr cmLssion on the Wt of cmty w district officers,, servants or.empl ayees caused.the-injury or F sic- y +i -o"4,- �a cr'�.Ll 'moi f 01nau are the rAMes of eotw.%y or district officers, servants or eniployees eausing she damge or injury? ¢ A ev j , 41 5. What damage or injuries do you claire resulted? (Gtire fUll e t of s nJur~ies or damages claimed. attach tvo estimates for auto da ge. 7. How was the amount claimed above oomputead (Include the estimated amunt of any prospective injury or damage.) 8. Names and addresses of witlzesses, doctors and hospitals. 9. List the expendi,tF, s you made on aGwm t of this accident or inju.-Y: ?ATE ITEMi `. Code Seo. 91M Orrovidest. Una claim must be sued by the oiairnant TO: (Attorney) or by gome exon on dais.be s.f." Name and Address of Attorney (Claimant's igmfaFe - Address Telephone No. Telephone No. 7dLr 13,7- N 0 T 3,7-NT Section 72 of the Perms Cade prides- ;TEvery person bo f with intent to defraud, presents f or , ..:sue or for pent to any state heard or off'i.cier, or to a�;r oounty, of tY or distr i.o t hoe-rd or, officer, authorized to allow or pay the same I.F .gexivine, any fa,:se or fraud ens. claim, bill,, a=unt, voudher,, or writing, is punishable either by i riso=ernt in the county jail-for a period of not mcre, than one-yeart by a fine of not -:eed ing one thousand ($1,000). or by both such iniprisament and f ine i~`or by. imprisonment the state prison, by a. fine of not exceeding ten thou mnd doh ars ( 1O, , or t> bath s,.,,--h i=risonment and fine. STATE OF CALIFORNIA DEAARTWNT Ot-CALiFORW HIG~Y PATROL TRAFFIC COLLISION REPORT -Property Damage Only GIS 555.03(Rev.9-99) CPI 061 Oro"Jo Officer,wpy(Jos)to involved party(iss, ctu c� rtrr a Ruff ctTY JUDICIAL usT+ r x^' ° 7—f Cr11.i, QE:Cikif3£35 CNt ma OAY' a YEAR T (400) F9C.1C • OFrW R t.A... ; "`2 .f a''.C, 0AY OF TOW AWAY STATE ttK#NYAr RE ATM AT INT CTlt N VAT4t ." _ *r l Yes Na Q Y Nti OC i' xstscc sE� $TATs' cross � `SAFET FOUPMEW SHADE (ALLIED AGENCY USE ONLY) DAMAGED Report taken [ Yes"n No ::. AREA Exchange of infarrnetion ( Yes F1 No sTaE.TAoor�ss E'- 3,xx` £"ids' CA DK VE?i SEX ${FgTfB>ATE RkStiRl CAS •• FOtiCYl _r 0 INDICATE tEtT�[.TRAVEL 0K STREET 0R HX*4WAr , sQEEu»tn N0f2TH PARTY O wit YEAR kWISEiGRflDE#..tC0La44 Ll �Etanu�ER sr1�TE vF,ft. tdi3N!~SLICENSE:r .. S ,STR1c CLAS6. sA'fETY EgtR$k1EYtt $t'TAl7t; DAMAGED ::t n s�uasT aatx E tnArt AREA STOWT nXitess P ! -," rare _ gas rRnnc€cAeD tea ww rnieteE�t g� sa :fMa EEi7 t&EfiPA0 W.K UCENW WAMER STATE ;VEi.Tym 2 I 9 AGE_;' [SEX "hAsm I ADDRESSER PHONE uM$ PAR f@L3 HAGi SEXNAME }ADfJRE5S PHONE $ER PARTY W. DAMAGED PROPERTY -...K.�-------"`-` z IMPORTANT ACS CAREFULLY his report This is you record of this accident. Tat r p t nrith Califo is Vehicle Code(VC) Section 20002 (duty where 06u rty damages, you must either: a. Give the owner or person in charge of such property the name and address of the driver and+r Winer of the vehicle,- or in the absence of the owner, h b. Leave a written notice in a conspicuous place on the other vehicle or damaged property, giving the name and address of the driver and ovmer of the vehicle involved and a statement of the circumstances. yy This information is necessary for the completion of your state SR-1 Form, Report of Traffic Accident, and your insurance report. EHICLE CODE SECTION 16000 The driver of a vehicle involved in an accident resulting in damage to the property of any ONE party in excess of$500 or in the Nury or death of any person MUST"submit a SRA Form to the California Department of Motor Vehicles within 10 bays, or as as passible. 'tote: Failure to comply may result in suspension of your driver's license. =orm SR-1 may be obtained ffotn the Department of Motor Vehicles, the California Highway Patrol, any dice station;motor rehicle:.club, insurance agent, or DMV internet web site(SR-1A)_ f city or state property is damaged,you will be contacted regarding possible liability. , tw enforcement reports do not satisfy the DMV report requirement. 01/:.9/2,004 at 12 : 41 PM Jab Number: 83169y CALIFORNIA AUTO BODY License # :AD227182 Federal ID # : 030512742 COMMITED TO QUALITY 1225 Parkside Drive ` Walnut Creek, CA 94.596 (925) 934-5424 Fax: (925) 934-9777 PRELIMINARY ESTIMATE Written By: JOHN TINAY Adjuster: Insured: RHONA ORY Crim # Owner: RHONA ORY Policy # Address: 1482 SUNSET LOOP Deductible: LAFAYETTE, CA 94549 Date of Loss: Day: (925) 932-5954 Type of Loss: Point of Impact: 7 . Left Rear Inspect CALIFORNIA AUTO BODY Business: (925) 934-5424 Location: 1225 Parkside Drive Walnut Creek, CA 94596 Insurance Company: 5 Days to Repair 1987 VOLV 240 DL 4-2 . 3L-FI 4D SED WHITE VIN: YVlAX8840H1269847 Lic: 2FTT378 CA 'Prod Date: Odometer: 1496135 Air Conditioning Rear Defogger Intermittent Wipers Tinted Glass Fog Lamps Clear Coat Paint Power Steering Power Brakes Power Locks 4 Wheel Disc Brakes Cloth. Seats ------------------------------------------------------------------------------- NO. OP. DESCRIPTION QTY EXT, PRICE LABOR PAINT ------------------------------------------------------------------------------- 1 QUARTER PANEL 2* Rpr LT Outer panel 244 8 . 0 2 . 0 3 Add for Clear Coat 0 . 8 4 Repl LT :Body side mldg upper, 1 30. 80 0. 3 chrome w/o GL 5 TRUNK L•I D 6 Blnd Lid 1. 3 7 R&I Nameplate 240 DL 0 . 2 8 R&I Molding chrome w/264 & 262c 0 . 3 9 REAR BUMPER 10 O/H rear bumper 1 . 5 11* R&I Outer cover Incl . 124 Subl YOKOHAMA 185/70R14 1 74 . 99 X 13 REAR LAMPS 14 Rep! LT Lens & housing chrome 1 162 . 00 0. 3 15 REAR BODY 16 Blnd Panel below lid 0 . 9 17# Subl Haz Waste 1 5 . 00 X i 01/19/2004 at 12 . 41 PM sob Number: 83169 FREIXMXIMARY ESTIMXE 1987 VOLV 240 DL 4-2 . 3L-FI 4D SED WHITE ------------------------------------------------------------------------------- NO. OP. DESCRIPTION QTY EXT. PRICE LABOR PAINT ------------------------------------------------------------------------------- 18# Reps Cover Car 1 5 . 00 0. 3 19# Refn Color Match 0 . 5 20# Subl 2 Wheel Alingment 1 81 . 00 X 21# Rpr Color Sand and Polish 1 . 5 22# Subl Mount Balance 1 15. 00 X ------------------------------------------------------------------------------- Subtotals 373. 79 12 . 1 5. 8 Parts 197 . 80 Body Labor 12 . 1 hrs @ $ 65. 00/hr 786 . 50 Paint Labor 5 . 8 hrs @ $ 65 . 00/hr 377 . 00 Paint Supplies 5 . 8 hrs @ $ 29. 00/hr 168 . 20 Sublet/Misc. 175 . 99 ---------------------------------------------------- SUBTOTAL $ 1705. 49 Sales Tax S 366. 00 @ 8 . 2500% 30 . 20 ---------------------------------------------------- GRAND 'TOTAL $ 1735. 69 ADjUSTMENTS Deductible 0. 00 ---------------------------------------------------- CUS'T'OMER. PAY $ 0 . 00 INSURANCE PAY $ 1735 . 69 2 01/19/2004 at 12 : 41 PM Job Number: 83169 PRELIMINARY ESTIMATE 2987 VOLV 2403 DL 4-2 . 3L-FI 4D SEL? WHITE ESTIMATE OF REPAIR $ THE, ESTIMATE OF REPAIR INCLUDES PARTS, LABOR, AND DIAGNOSIS . IF, ON FURTHER INSPECTION, ADDITIONAL PARTS OR REPAIRS ARE NEEDED, YOU WILL BE CONTACTED FOR AUTHORIZATION. WE ARE NOT RESPONSIBLE FOR LOSS OR DAMEGE TO YOU VEHICLE FROM FIRE, THEFT, ACCIDENTS, OR ANY CAUSE BEYOND OUR CONTROL. ALL TESTS WILL BE MADE BY OUR EMPLOYEES AT YOUR RISK. AUTHORIZED SIGNATURE:___ _ DATE: --- ADD'L REPAIR AUTHORIZATION AMOUNT:—$�_ —_—_--_—_DATE: _ �_�— —_�— PHONE NO: TIME. _ _ PERSON CONSENTING: IF VEHICLE IS RETURNED TO CUSTOMER BEFORE AUTHORIZES) REPAIRS ARE PERFORMED, A DIAGNOSTIC AND .HANDLING CHARGE, INCLUDING RESSEMBLY, WILL BE MADE POWER OF ATTORNEY. I DO HEREBY APPOINT THE AFOREMENTIONED BUSINESS AS MY ATTORENY IN FACT TO ACCEPT ON MY BEHALF ANY AND ALL CHECK, DRAFTS, OR BILLS OF EXCHANGE, AND TO ENDORSE ALL SUCH CHECKS, DRAFTS, OR BILLS OF EXCHANGE FOR. DEPOSIT TO THE AFOREMENTIONED BUSINESS ' ACCOUNT FOR CREDIT ON MY ACCOUNT FOR REPAIRS ON MY VEHICLE WHICH HAS BEEN RELEASED AND ACCEPTED. ACCEPTED BY: DATE: THE FOLLOWING IS A LIST OF ABBREVIATIONS OR SYMBOLS THAT MAY BE USED TO DESC IBE WORK TO BE DONE OR PARTS TO BE REPAIRED OR REPLACED: MOTOR ABBREVIATIONS /SYMBOLS : D=DISCONTINUED PART A=APPROXIMATE PRICE LABOR TYPES: B=BODY' LABOR D=DIAGNOSTIC E=ELECTRICAL F=FRAME G=GLASS M=MECHANICAL P=PAINT LABOR S=STRUCTURAL T=TAXED MISCELLANEOUS X=NON TAXED MISCELLANEOUS PATHWAYS: ADJ=ADJACENT ALGN=ALIGN A/M=AFTERMARKET BLND=BLEND CAPA=CERTIFIED AUTOMOTIVE PARTS ASSOCIATION D&R=DISCONNECT AND RECONNECT EST=ESTIMATE EXT. PRICE=UNIT PRICE MULTIP' 2ED BY THE QUANTITY INCL=INCLUDED MISC=MISCELLANEOUS NAGS=NATIONAL AUTO GLASS SPECIFICATIONS NON-ADJ=NON ADJACENT O/H=OVERHAUL OP=OPERATION NO=LINE NUMBER QTY=QUAN'T`ITY QUAIL, RELY=QUALITY RECYCLED PART QUAL REPL=(QUALITY REPLACEMENT PART COMP REPL PARTS=COMPETITIVE REPLACEMENT PARTS :RECOND=RECONDITION REFN=REFINISH REPL=REPLACE R&I=REMOVE AND INSTALL R&R=REMOVE AND REPLACE RPR=REPAIR RT=RIGHT SECT=SECTION SUBL=SUBLET LT=LEFT W/O=WITHOUT W1 =WITH/ SYMBOLS : #=MANUAL LINE ENTRY *=OTHER [IE—MOTORS DATABASE INFORMATION WAS CHANGED] **=DATABASE LINE WITH AFTERMARKET N=NOTES ATTACHED TO LINE . MQVP=MANUFACTURER'S QUALIFICATION AND VALIDATION PROGRAM. 3 w. a63�srrr e €AWREME VOLVO PAG 03103 Jan 20,2004 u sted Retail Kelley Blue Book Jan-Apr 2004 1387 Volvo 240 DL Sedan 4D...............e...#...........i............................ $2,575 4-Cyl.2WLi�r ..... ............ ...................YWM ................Included 4 Speed Manual.. N........#.i...wMIn((udeld RearWeed Drive.. ..........i........t..........#....... ....... wIncluded /� ***Equipment a** Air♦`y WnditloulW+fie...i.i....#..MIncluded YS. Power Steering.......#+............#a.s.............sw.e. dulled PowerrLocks...< .......i. 3 i�/ yDoor LMInlude A Mpsptpe..ii. t..R ....i...Y.... _...........s. Included No ABoy Wbeels r ..............aa .............0V Retail Value without mileage.......................................... S21610 Mileage adjustment(140,000) mites............................... <275> Df 7C"iF 'dotal Suggested Retail Value..............i.... ........F......................4.. $21335 Lawrence Volvo daA-Apr 2W4 fey glue Book YCARW IM values for Calfidsm1a Values are sub, zve opinlow. Keday Slue Souk assumes no ft"=Mluy for error&or omnissionv 0 CoW€gtt KAey Slue Book 200 afl righu reawved 01/2012604 ' 09.36 9259307579 LAWFENCE VOLVO PAGE @2/E 1AWM ee 1921 Au trttr+aed VONQ Gars"4er January 20, 2004 To Whom It May Concern: Re: 1987 "Volvo Rhona Ory has asked me to help her determine a fait market value for her 1987 Volvo that was severer dammed in an accident. She purchased this vehicle new and is the only owner. It has been well maintained with a.great portion of the maintenance done here at Lave pace Volvo. It was also brought to my attention that this vehicle had just had approx $1600 of repair work done recently. When Rhona did this large amount of repair work, it was her intention to beep this vehicle for an extended time period. This particular model, in the good condition that klhona's vehicle was in,has an indefinite life. These cars are capable of lasting well above 200,000 miles. The is a man on the East Coast,named Iry Gordon,that has nearly 2,000,000 miles on his old'Volvo P1800, I would not want to suggest that Rhona would be able to drive her car this far. However, 200,000 miles,which washer,goal, is easily attainable. �t this tune, the Kelley Blue Stook value of her car is $2335. She would also be entitled to tax and license reimbursement for bei-Loss. With xny experiences in the past with Volvo, and in my opinion., itis not out of the question for this car to sell in excess of $2500 in good condition. I have worked here at Lawrence'Volvo 14 years. And, I'm currently the Fleet and Internet Manager here. I have been in the automobile business since 1974 invarious capacities,including Sales Manager. l hope this will help detennme a fair value for Rhoda try's Volvo. You can contact the at any time at(925)939-3333 if you have any questions. Thank you, Dennis Jardine N,tltsttrt trePt,W tnUt Ge k,Ga#ltgtnlr AjsS}7-27.�4 `01:RM W 34133 PA%:X125 as4 7S7?i wv�u.tmwrsnc�e lvp,cprr January 19,2004 Mrs. Rhona Ory 1482 Sunset Loop Lafayette, CA 94543 As per our phone conversation I am restating that I will be willing to buy your 1987 Volvo 240 license plate number 2FFT378 for$4,000.00. 1 believe it is a great running, properly maintain vehicle that will last for a long time. As a side note I will add that it is hard to find a car that does n©t meed extra work to have it mmning like yours. If you have any questions please do not hesitate to call me at(925)944-0240. Sincerely, Jose A.Lara * (925)944-02411 943-6494 Fax,943-6497 G--tfiMAN AU 1C HOURS: MON-FRI 8.00-6 pm "Service the way you always wanfed if" BAR ## AIBW 0aj8V appointment only) 2040 N. lain St. Unit 11 Walnut Creels CA 94536 EPA # 000182129 VEHICLE Rh a rz a 1 ECJ Vo Z or= 0@3E329 WO# PILATE CA-2FFT376iL i s OR , RHONA 87 1482 Sunset Loos VOLVO ; 1:0/03/2003 Lafayette CA 9454;9: 240 Ser•. DL, GL, CL1 07.04.21 9 5 3 —5954TIME 148317 - (147026)TECH STATUS 1 DESCRIPTION PART CODE • t ,s o PARTS, ?ILMI' REARING ', SSF181799 l.W 12.74 12.74 PARTS CLUTDi KIT OE 1 X271267 1.1110 x"97.67 297.61 PARTS Rear Crankshaft Sol; Cy11164 1108e1b8 1.00 15.64 15.64 PARTS pedal Pad INC1272921 2.00 17.48 17.48 f SUBLET FL.YWW L. RESUT INS 30.00 30.00 SALE Coolant Disposal XXXCD 1.00 3.58 3.50 I i , " CAR 3r n FOR AN tguidEPRETa.. FILES PMT suMMARY arts• . . •Ca-fAI E6WMN1AR • . 1116li PRE691RE PMR STEERING HOSE L brit^. . . . . . . . . Y . 837. Oe WEDS AIR CONDITIONING SERVICE Su et Labor• . i . 30. 00 :2fl5 CLUTDi HELY CHANGE: 0.N Haza Mous Waste. 3. 50 i. � Tlisca ntY . . Y . • . . 0. 00 I Tires. .,\ . . . . . . . 0. 00 Gas. YMYY • 0. 00t Gas. i M� Subtotal: .* : . . i 1^i..Y Y.. • 0. 00' SubtotalY • . Y'i,Y • 1644fY 46 Total ta)( . . . . 63. E€5 ' INVOICE TOTAL. .1: 1706. 3-1 a t WA.A- TY: F IVERY FAIR A PERIOD OF 12 +�ra.rcmd l hereby authorize the above repair work to be done along with the necessary material, and ? tF 'lit mos FIRST• TNIS FIRS hereby grant to you and/or your employees permission to operate the car, truck or vehicle herein described on streets,highways or elsewhere for the purpose of testing and/or inspection. RE�x I a ;:PEE FATS IN RATERIA.S OR 1/ An express mechanic's lien is hereby acknowledged on above car,truck or vehicle to so'...the ' + ,. r t' amount of re airs thereto:You will not be heid responsible for loss car damage to vehicle or } THIS INVOICE. ALL articles left In vehicle in Cass of fire,theft,accident or any other cause beyond your control. WMi, TO BE DO�E IN 794409DOES NOT INCLUDE I agree to pay any collection tees in case of my payment default. TMW W4i ES<.128. !`EE WILL BE L-iARKD 24 HWRS AFTER NOTIFICATION CF WORK CMkETED, ATlN MURK AUTHOf11 iJ BY X ' I -- _.. (925) 944-0240 • 943-6494 Fax 943-6497 GERMAN AU HOURS: MON-FRI 7:30.6 pm "Service the way you always wanted it" BAER ## AE MWN"y appointment only) 2040 N. Main St. Unit It Walnut Creek, CA 94596 0003829 • Rhona f N V 0 1 C 0003829 G1# CA--L-FFT378 1 ' ORY, RHONR 87 012543 YEAR 1482 Sunset Loop VOLVO * 3/ 12/2002 MAKE Lafayette CA 94549240 Ser. DL, GL, GL 18:02:31 MODEL :925--°932-5954 139039 ( 138839) 1, 1 MILEAGE DESCRIPTION fA it ISC. SERVICE i 42.00 42,U XCI{ FCn POWER STEERING OIL LEWS, j IA FM HIS! PRESSURE Pity SRL W WERE L { 4ING, WE EPL. , THEM S CLEAN OIL { RNkt ,-11-F LEAK CONTINCEI�`"I 1dIZ�PRESSU E POWER STEERING } ; J�AiiT #Uto. Tans, Flue .;' , ISATr" 1.50 5. 5.01 Tk� clean€r � � A.v as 5.as Ts KIM SEAL IdA5ilERS' � ,:.. � � 3. .4 �:� 2.00 �_. gi{ ' � ��: �x ,u,tea• t �,. ;xc,33.��+Rz9s��a.� �- I - _,? uK FOR AN 0ME6i&1t[ko ,!000 MILES Jarr4ftTsuMdikft Farts. . . . .ciiAsualMARyi2. 0i STEERING HOSE Labor`'. . . . . . . . . . . 42. 0-3 Sublet Labor. . . . 0. 00 HANCE; 0.00 Hazardous Waste. 1 . 75 Discount. . . . . . . . 0. 00 Tires. . . . . . . . . . . 0. 00 Freight, . . . . . . . . 0. 00 Gas. . . . . . . . . . . . . 0. 00 Subtotal . . . . . . . . 55. 76 Total tax. . . . . . . 0. 99 INVOICE TOTAL. . . 56. 75 I hereby authorize the above repair work to be done along with the necessary material, and tWL T� DP `OR A PERIOD Ir 12 hereby grant to you anti/or your employees permission to operate the car, truck cr vert.:cle r i MIi ES E ' RST. THIS FIRM WI' herein described on streets,highways or e;sewhere for the purpose of testing anG or:nspecGon. An express mechanic's flan.is hereby acknowledged on above car,truck or vehicle to Secure:ne ur r�S�R IALS OR amount of repairs thereto. You will not be held responsible !or loss or damage to vehicc or x ,E RE 1S INVOICE, ALL articles left in vehicle in case of fire,theft,accident or any other cause beyond your control. -� I agree to pay any collection fees in case of my payment default. e ;UR Y, ES N0; INCLLSDE �cL s �' Rey �RA6E FEE WILL BE pTM - rr' f NO il.AT ON' ,F WORK COMPLETED, � WORK AUTHORIZED BY S A ---- (925) 944-0240 943-6494 Fax 943 6497 Jok ""MAN AU L Ty, HOURS: MON-FRI 7:34.6 pm 4'Sery;Ce the way you always wanted it" BAR (�y appointment onlyi ^0,, N. Pain S-1. Un i t li Walnut Creek, CA 9459 _ C1Y.y RY )YEAR er 0 12 4"4i MAKEy 4 t_afaye to CA 94549 ��EL x.40 Ser I17L 'CSI j GL t'1 : �k: :36 ')LS- 5954 1388 39 'f I 2t3es8 1 ; -- YN S 'S s S':EERING ' 84,N 1 8'�.'d0 ErLnCE PMR STEERING NOSES �3 RESERVOIR, � � - i rW.441 :.V 1 - 1 n' :E Disposal kXXOD0,50 1,75 1.7j i i itIR l' ZF7 1 r[a��t I Nl lit it t MND {l� ARTa j I I I . i :apt.. r r vertu ,,zcnnT surntxR4� fir't s, . . . r r+.z?ca t sU11 v;r.:a ;ti k -- Laaoor. . . . . . . -ubl Et Labor. 0 Hagar-dour Waste. T1r'L5. I r-e 1 gri t . . . . . . . . . Gas. . . . . . . . . . . . . iji. 'tJ li L.;t 0t a l . . . . . . . . 1 E�. notal tax. . . . . . J. 9E Iryv0ICE 7C. iA:-. s �; I M, c hereby authorize the above repair work to be done a'song w,th the hereby grant to.you anti/or your employees permission to operateme caf, trcn v , here n described on streets,nignways or eisewnere for the purpose of testolo nc'c It ; An express rpech4h;C's lien is hereby acknowlecgea on above car,truck c vcni e:i e al uR �Ilrl�lilllit amount of repairs IAhereto. You will not be held r"ponsibie for loss of ear a.gam cr i 1 NV I,E-'ALL articles left in vehtcie in case of fire,theft;accident or any other cause beyonc your u n; k _ - I agree to play any collection fees in case of my payment dela it . i LEI tlri. � WORK AJTHOR;ZEO BY 0 ✓7 (925) 944-0240 943-6494 ' s LINIC Fax 943-6497 ur.n.M* AUT HOURS- MON-FRI 8;00-6 pm "Service the way you always war,ted it" BAR � �,51��g1� y appointment only) 2040 N. olein St. Unit II Walnut Creek, CA 9459 �G�(bb38�9Rhona N Q 0 0003829 W� # SA-2FFT378 t 1 a 1482 Sunset Loop MAKE VSLvo 08/21 /C,Oo.3 Lafayette CA 94549OD240 Set^. DL, SL, CL 16 .21 :59 925--932-5954 1471216 ( 139039) 1, 1 SALE OiI Di5a4SaI XXXOD 5.06 ' 3,50 s.0 { ADD* REVI REPS a4, i��i>vt {.Sh 5,14 ADD1ri rll4,i t. PARTS � LA"�OR � t .4.r r _ l.»� J t 1 i it III E i' 1 _ z;r U FOR y'i Nlt�'L � 2tY' ';!;LEtaF? l survtaFi#?Yu4 Parts. . . .C�HPljgE.Sol` !kARb,Fz,. # ` Paro : hQ c Labor^. . . . . . . . . . . 651 . 00 :- "ONDiilJ�ivL SFGUI% .SaUbl et Latin; 0. 1 C H',,N" E Z.1?4 Ha28rdolia, WaStp. 3, :]121; L.,fl?C'k 447k: l �'n li t . T l t' F 5. . . . . . . . . . . ?z: I"t"E? 1 ght . . . . . . . . . 0. OL i Cas. . . . . . . . . ' 0.0. I'l0 .Subt, nt a 1 . . . . . . . 1 1309. 3r' Total tax. . . . . . . 1NYC!l(:ETOTAL. . . 1::,63" . EIQD 1 i I herebyauthorize the above repair work to be done alongwith the necessarymaterial, anc ^, h{i f r Q L. hereby rant to you and/or your employees permission operate the car, tck or vehicle 2,, ER C F FIRST, THIS F I herein described on streets,highways or elsewhere for the purpose of testing and/or fi ction f_YW. An express mechanic's mien is hereby acknowledged on above car,truck or vehic a°�,scur;s the "n' OF ,<, �i£FELin IN MATERIALS OR amount of repairs thereto. You will not be held responsible for loss or damage to-:; ie o ✓ A t^ Al articles left in vehicle in case of fire,theft,accident or any other cause beyond your control. 1 �! THIS 1TYQ.G�,. p DDNIE .N h#` XQ i i ICLiJfi 1 agree to pay any collection fees incase of my payment default. FSE WILL BE r ED i � Fv AF TEAR N.QT?FICPTIQN OF WORK COMPLETED. A�� WORK AUTHORIZED BY +--' __ N Tly� (925} 944-0240 943-6494 Fax 943-6497 GEMA AU -C-LINICHOURS* MON-FRI 7.30-6 pm "Service the way you always wanted It" BAR # AD 1§A0r&q#(By appointment only) 2040 N. Main St. Unit 11 Walnut Creek, CA 94596 " 0003829 hona N V 0 I CE: 0003829 O# CA-2F'FT378 C3RY RHONA 7 009573 148 Sunset Loop #OLVCI 8/04/2000 Lafayette CA 94549 ,, 40 .Ser. DL, GL, GL §7:2519:925--932--5954 128881 ( 127331) 1, 1 STATUS ♦ ., s zs r 5r 1 iMWE & MEL 140,00 140,00 jAERM FRW IM W§ i R9f N1 RTS FRONT 8RA{SE ROTORS 1170739 x.00 �. 172.50 gg RTS BRAKE PAD t 01438 RTS ake Cleave I ISBRKCL 1.00 ! 5.00 -E hir Ha s Itts XX" LN 3, 3.50 ; ii l K PORSCHE MBZ AUP8 W \/V� , * VOLVO SAAB ICLE NOTES ec MfSum � a S.• • •(7iiF.RQE�FJMM NEEDS R.AC}{ & PINION. !Labor. . . . . . . . . 140. 00 ALIGN +Sublet. L "bor. . . SEM SERVICE 0. 00 Et 0:00 l Hazardous Waste. 3. 50 eck #3746 Discount. . . . . . . . 0. 0y0 �rr ` Gas. . . . . . . . . . . . . 0. 00 Subtotal. . . . . 359. 40 Total tax. . . . . . . 17. 81 INVOICE TOTAL.. . . 377. 21 i ANTY: THE DRTE } FOR PERIOD 1C c«a i hereby authorize the above repair work to be done along with the necessary material and hereby ' 44 grant to you and/or your employees permission to operate the car, truck or vehicle herein i Ps OR 1�'y808 MILS RST. THIS FIRM WIUMMUMM � described:on street,highways or elsewhere for the purpose of testing find/or Inspection. An i IR FREE OF Cid IALS OR express mechanic's lien Is hereby acknowledged on above car,truck or vehicle to secure the i amount of repairs thereto.You will not be held responsible for loss or damage to vehicle or articles M0 IP TO RE IS INVOICE ALL left in vehicle In case of fire,theft,accident or any other cause beyond your control. TO 5 I3 IN OUR , NOT INRUDE I agree to pay any collection fees In case of my payment default. NE's CSS,$15,N PER FEE WILL BE QTM WORK AUTHORIZED BY i scan ..... ........_...... ... ..... ........ .......... . ... _.. _ _ _.. .._.. ............. ....... _ _ _ +� M T 1(r C (925) 944-0240 • 943-6494 AN AU LINIC fax 943.6497 HOURS: MON-FR! 7:30•6 pm 'Service the way you always wanted it" BAR ':i {3t)!5�j���4(8y appc�infineni only? 20401 N, Main St. Unit 11 Walnut Creek, CA 94596 0003x9:_13 tile EZ r ll:i li, 37YEAR 1t119?�5 >.. MAKE 482; Suf-lset Look Vt3l VCS �. �5 4f2021, Lafay tto .'_A 94:.x[49 ��EL 240 Ser-. DL, GL_ . GL_ 3? i12 MILEAGE STATUS DESCRIPTION PART CODE OTY PART$ LOTY LABOR 1 { c 0 l t. ! I of HE MBZ AU61 8 VV� VOLVyItot VEHICLE NOTES PMT SUMMARY i?a r't 5. . . . CHARGE SL MMARy,` uc3 �1L)Ur . . . . . . . . . . . La tC r. d. b1 r4 c S t t=. 3. `Q,' FY,t, rpt . . . . . . . . . �. �Gt . . . . . .. . . . . . i r i i ✓ �, 1 hereby authorize the above repair work to be done along with the nacassary material anc hereby grant to you andior your employees permission to operate the car, truck or veh.c:e here:^ �! deschbed on street, highways or elsewhere for the purpose of testing and/or insoec:icn An 6 = l U VISA express mechanic's lien is hereby acknowledged on above car, truck or vehicle tp secure the amount of repairs thereto.You will not be held responsible for loss or damage to vehicle or anclas n L left in vehicle in case of fire,theft.accident or any other cause beyond your control. 1 agree to pay any collection fees in case of my payment default. ( � .. _ _ ,...... �_ �AaYX ITM I WORKAUYHORiZEC � _ ___� It � J J!f7' Joel 4.ft'$`a?ri"tii1 Tp:K;.'7(J �.3h:??'T .. Date, 1124' 4 ov--:Z36:46 PM 1'�e`Y O*4 Date: 112,104 02:35 PM Estimate CD. 106 } q Estimate Versiom 0 Preliminary Prcafiie lid: CUSTOMIZED \X1 Cooks Collision on Main St. 2198 N Main Street Walnut Creek,CA 94596 (925)944.1027 Pax. (925)944.0970 L anmag y aas> e 3 0 : Joa,:Gros°:-nar sictl«.eatiDt�: °ie"ISI Iii+l�:;«i/�i3'¢ «~O,,vnz-.r RHO N DA t.PY ikdd .:%: 1432 SUNSET L0,OP LArAYET T 5:CA 94549 93?-S257 Mitche€ l Service. q10373 O�scnpti . 1987 v'oii o 24C:SSL Vehi;ie Production Data: 5;87 Boody Styie: 40 Se Drive Train 2.31.In;4 Cyt 4M VIN: YVIAX884GH1289847 License: 2FTT378 CA Mileage: i49„�'t2 0EN'.'.1A:t: 0 Search Code: None 05i'w WH X Options: AM-FIA STEREO,4 SPEED MANUAL TRANWAiSSION;REAR WHEEL DRIVE,L-4 ENGINE,4-DOOR PLEASE, BE ADVISED THIS IS A PRELIMINARY” ESTIMATE ANP DOES NOT INCLIPDRWY BIDDEN DAMAGES. ALL PART PRICES ARE SUBJECT TO CHANGE PER INVOICE. THE CUSTONJER IS REPONSIHLE FOR PAYMENT OF ANY DEDUCTIBLE OR CUSTOMERREQUESTED :SERVICES AT THE TIME OF DELIVERY. PAYMENT MAY BE MADE BY CREDIT CJLRD (VISA OR MASTERCARD) UP TO $1000.00, BY CHECK LESS THX:.' $250 -001. TTITH PROPER IDENTIFICATION (I.E. VALIDDRI'VERS LICENSE) BY CASK OR CASHIERS CHECK. ErtrY Labor Line item Fart Type/ Dallar Labor Its n Nurr.L,e Type Operation Description Part Number Amount Units I 000052 EDY REts40VE/':N TALL REAR SEAT ASSY 0.4 2 1019530 BOY RE IOVE/REP"LACE L REAR.UPR DOOR MOULDING 1304573.7 53.50 0.3 3 900500 SDY * tADO'L LABOR OP ROPE BACK GLASS LEFT SIDE ONLY Existing 0,3* 4 800600 BDY * A 30°L LABOR OP TWO WHEEL ALIGNMENY Sublet 59.95* INC* 5 900500 BDY* ADD'L LABOR OP TIRE MOUNT AND BALANCE-RT FRT Sublet 12.00* INC* 6 ^` '00 BDY* ADCO'L LABOR OP COVER CAR FOR OVERSSPRAY New 5.00* 0.1* 7 ,0 SOY * €DO'L LABOR OP SEAM SEALER-LT TAIL LAMP POCKET New %00* 0.3* 8 10 aDy x ADO'L LABOR OP GLASS URETHANE(PER TUBE) New 25,00^ iNC* 9 >00 BOY * REMOVEIREPLACE CORROSION PROTECTION-LT QTR,REAR BODY New 10100* 0.3* t1 33csta t36 Boy * A001 LABOR OF FLOOR&SHEET METAL SETUP(NON FRAME PULL) Existing 1,0* 11 900500 BUY * A001 LABOR OP TINT COLOR Existing 0.5* 12 900500 8DY " ADD`L LABOR OF CLEAN GAR Existing INC'* 13 ***INSIDE AND OUT:NO CHARGE*** 14 021050 BOY FE1?iOVE/NSTALL. L REAR ROOF DRIP RAIL MOULDING Existing 0.2* 75 U24130 BOY REMOVEIINSTALL L REAR ROUT=MOULDING Existing 0.2* 16 022920 BD'r REPAIR L QUARTER OUTER PANEL Existing 10.01# 17 AUTO REP REFINISH L QUARTER PANEL OUTSIDE C 2.4 Is IRE PAIR REAR OF PANEL* 19 022990 BOY REMOIVVINS" ' QUARTER ANTENNA MAST Existing 0.2* 20 023390 BOY REMOVEIREP':.:.—E L UPR QUARTER PROTECT MOULDING 1312402-9 82.00 0.3 21 023410 SOY REMOVE/INSTALL L FRT LWR QUARTER PROTECT MOULDING Existing 0.3* 22 023580 BOY REt1IOVEIiNSTALL L QUARTSR TRIM PANEL, Existing 0.4*# ESTIMATE RECALL NUMBER: V2/0414:34:42 106 UltraMate is a Tradematic of Mitct:eli International Mitchell Data Version.; ITEC 0:3 A Copyright(C)1994-2003 Mitchell International Page 1 of 3 UltraMate Versiom 5.0.Id18 All Rights Reserved Frump Jrle;Cao ,.r ar: ' �k-HfI FDA ORY Ca'e. 1004 T,me;2:36:43 PM Date: 112/04 02:35 PM °timate 10. lou Estimate Version: 0 Preliminary Prefile ISO: :.t2's'I`OMIZED 23 024990 GLS REMC3Vlur'NS' ALL. L,QTR GLASS STATIONARY Sublet 33.75* INC* 24 025410 REF REFINISH LUGGAGE LID OUTSIDE- C 213* 15 *BLEND WITHIN PANEEL* 26 02.64?0 SDY REPAIR LUGGAGE LID PANEL Existing i.3* 27 "REPAIR CHIP FROM L QTR HITTING PANEL* 28 -+2�600 GlyY REMCWEIIN4 TALL LUGGAGE LiD MOULDING Existing g.�k 29 025620 Rt3Y REE+d3GI*dEfREPLACE LUGGAGE LID NAMEPLATE 1369001-1 33,10 0.2 30 0256411 80'Y REN3r.OVEfREPLACE LUGGAGE.L;D NAMEPLATE 1312951.5 46.90 0.2 31 025120 8DY REIyIOVEIINST,ALL LUGSAGE LID ANCHOR PLATE Existing 0.2* 32 025730 SOY RE:iliiOVEI NSTA,LL LUGGAGE LID WFAT HERS'TRIP Existing s3.:3* 33 025860 SOY R'WV1G'v1EfiNSTAF L L REAR BODY Ct3i~<iPARTI eNT COVER Existing g,'?*# 34 0234100 RS REFNISH REAR a3r.0DY PANEL C 1.3* 35 *BLEND WITHIN PANEL. 36 t1?8410 SDY RFE PA:R REAR BODY PANEL Existing 2.5*# 37 *REPAIR LT TAIL LAMP POCKET AREA, :38 023£300 SOY RENIOVE NSTrALL REAP BODY LOWER BACK PANEL Existing 0.5* 39 029050 SOY RENIOVi r'iNSTAtLL R ti:.0?N1t3Et AT*N LAMP ASSEMBLY Existing 0.4k Ott 0290610 BOY REMOVE1PEPLA,CE L COMBINATION LAMP ASSEMBLY 1372449.7 162.100 0.4 <1 029831; BOY PEMiOVErINSTALL R I iCENSE LAMP ASSEMBLY Existing 0,3* 42 09-9910 aD'y REMOVE]INST:ALL L LICENSE LAIM1IiP ASSEMBLY Existing 0.3* C, 030080 EE'OY REI'dO EtINSTALL REAR SUMPER ASSY 0.5 44 03016E3 EDY gE'i',tOVEI EPLAC'E REAR CTR BUMPER COVER MLOG 1312909-3 172.00 0.2 45 0302010 SOY REM$St WREPLACE €.REAR OTR BUMPER COVER ML10G 1312903-7 109.00 0.2 45 03023o SOY REh1t3'v EiREPLAC E REAR BUMPER CLIP 1372112-9 25.610* INC* 4? 16 $1.60 EACH* r3 AUTO R.EF ADU41.OOP CLEAN COAT 1.1 i3 AUTO RE-4 ADC'-OPR COLOR SAND&BUFF 2.1 3 *REQWRE10 TO MATCH OEM TEXTURE* 51 ?333036 FRN1 A001 OPR SHEETMETAL PULL 1.5* 62 AUTO ADD'L COST PAIN TIMAT ERIALS 231,001 63 AUTO AC.01 COST HAZARDOUS WASTE Di$,POSAL 231* Judgement Item Labor or Note Applies C -Included in Cleat Coat Cala R'erit�:i'1cs LI TL3ta1Et i5*€ sA>�u F1A; COOKS COLU SON DOESN'T DEAL WITH THIRD PARTIES. PRIOR DAMAGE.TRUNK 6,11.1` DENTE0 AND SCRATCHED,HEED.LEFT REAR DOOR HAS DOOR DINGS,BLACKOUT TAPE IS WORN,AND DOOR;S SCRATCHED.LEFT FRONT 7OOR HAS DOOR DINGS,IS SC-RATCHsFD,AND THE BLACKOUT TAPE IS C;RACKiNGLEFT F5 Na)ER HAS ROCK CHWIS.HOOD 14AS ROCK CHIPS.Fi`tOpgt BijimPER 14 SCRATCHED, RIGHT FE<Ni:ER HAS ROCK CHIPS. RIGHT FRONT DOOR HAS DOOR O NGS AND IS SCRATCHED- 321GHT REAR DOOR HAS DOOR O NGS AND;S SCRATCHED,Rrr p4T t?UAR TE R�rCRATCHED, REAR BUMPER IS SCRA T COED. PAINT ON!VEHICLE IS COXIIOE.C.:. ****'k* SPECIAL PARTS NOTICE: AIL CRASH PARTS ON HIS ESTIMATE ARE NE —0MA(ORIGINAL EQUIPMENT MANUFACTURER) VNLESS O TH1l RT-1ISE SPECIFIED. PARTS DESCRIBED AS RECHROMED, EEE:GRED, OR 2r&DOWU ACTURE 3 ARE EITHER RECONDITIONED OR REBUILT. PARTS THAT ARE DESCRIBED AS QUAL REPL PART, A= QRP "..APA, ARE NON-O&M CRASH PART,!. ******* ES"rNIA'rfi RECALL NUMBER: 112/04 14.-'M;42 106 Ultratyl ate is a Trademark of rvlitclie£I IntematianM Mitchell Data Vemiorl: DEC, 03A Copyright(C)1994,2003 Mitchell Internation,il Page 2 rsf 3 uitralllaw Version: 5.0.1118 AIE Rlg2htt:Reserved i;rvm:joei Grta�wfia no 'HONDA ORY Gate: 1!2/04 ?rime:2:36:46 PIA. Page 4 of 4 elate: V 2,104 02:35 PM Estimate IE); 106 Estimate Version; 0 Preliminary Profile ID: CUSTOMIZED Add'I Labor Sublet I. Labor SubtutaI Units P.to Amount Amount Totals Il. Part Replacement Summary Amount e arly 21.13 75.00 0.00 71.95 1,706,95 Taxable Parts 734.10 Refinish 18 75.:1;.3 0,00 0.003 735.00 Sales Tax 8.250% 60.56 c,las U.G 75.00 0.iSt3 03.75 93.75 Frame 1.5 35.0111; 0.0e 0,003 127.54 Total Replacement Parts Amount 794.66 Non—T"axabie Labor 2.603.20 Labor SUr"M�My' 3.1 2,663.201 lkc;,ditional E::s:s Amount IV. Adjustments Amount Taxably-Cassa: 231.00 Customer Responsibility 0.00 Sale;Tax 8.250% 9,06 Nop.-T:xablt.Coss 2.31 Twai&ddJlonal Casts 252.37 1. "total Labor 7.66?.20 ll.. Total Replacement marts: 794,56 Ili. 'total Additional Costs: 252.37 Grosw T'ntaL 3,710.23 IV. Total Adjusti-rents. 3.00 Not Totai: :3,710.213 This_is-a_prfei€rnirlary estimate, Additional gha3-a es to the estimate may, e reguired for the actual reoir. a'c's;?t(s�c.f Irr:p-Mct 7 Let Rear Co -ter hsw��.nreCo, CUSTOMER PAY C`.•y'rSe fss:���I7¢wdrE:ati�st L rap Oft E3ate 0 2i�14 Repair Elates: !si s'ehisle Driveable(�';I`)?', IN Assisted With Rental,'Y lN)r: � t-'.ST$'SATE RECALL I40ifd^3BER-. 1'2f0,4 14:34:42 106 IU!traMate is a Trad,rvmarls of IVlltc aeli intornational 'Ait'Aleli uata'Version 0 EC_03_A Copyright(C)1 N4-200:3 Mitciiell Internatiooal Page 3 of 3 t3lira mats`1'aryios� 5,U.018a Ail Rights Reserved Rhona Ory 1482 Sunset Loop Lafayette, CA 94549 0 ctr Clerk of the Board of Supervisors S,, County Administration Building room 106btw :s nf�, 651 Pirie Street Martinez, CA 94553 To Whom it May Concern: Enclosed is a claim form for claim # 54917, Rhona Dry against Contra Costa County. On 11119/03 through gross negligence and in violation of driving laws, county employee Devin Moses hit my parked vehicle with a county vehicle, Enclosed is a police report and description of the accident. At that time, after profuse apologies by Mr. Moses, he guaranteed me that my vehicle would be restored to Its condition prior to the accident. I am a pudic school teacher and depend on this vehicle to drive to work dally. I have been unable to use my vehicle since the accident and at great inconvenience I have borrowed a car to drive to work, Enclosed are two statements concerning the value of my car, One month prior to the accident I invested $2,000.00 In repairs and maintenance to my vehicle, Volvos are legend for their ability to be driven for many miles. My intention is to repair this vehicle and continue to use it. I have enclosed a statement by Dennis Jardine of Lawrence Volvo stating the fair market value of my car at a minimum of $2,500.00 dollars, I have enclosed a statement by.Jose Lara, owner of German Auto Clinic stating that he is willing to purchase my vehicle for $4000,00 and attesting to its value and condition, I am enclosing receipts for maintenance and repair work on my vehicle. I received two estimates to repair the damage committed by the City of Lafayette: Cooks Collision: $3,710.23 and California Auto Body : $1,735.69 I am requesting payment of $1,735,69 from the City of Lafayette. I feel that the City of Lafayette has been remiss In the handling of this case, This situation, unlike as promised by Mr. Mases, has caused me great hardship, I have been without a car,and I have spent many personal hours dealing with this unpleasant situation. Sin({/c��e(relly�,, p Rhona Cary CLAIM BOARD OFSUPERVISORS OF CQNTRA COSTA COUNTY i• / BOARD ACTION*.—MARSH 09, ,2004 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 ivenPursuant to Government Code Section 913 and 915.4. Please note all"Warnings". AMOUNT: $19200,000-00 CLAIMANT: ,JUDY ANN DONNELL ATTORNEY: UNKNOWN DATE RECEIVED: FEBRUARY 05, 2004 ADDRESS. P.O. BOX 891 BY DELIVERY TO CLERK ON: FEBRUARY 05, 2004 ANTIOCH, CA 94509 BY MAIL POSTMARKED: HAND DELIVERED FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claire. JOHN SWEET r Dated: FEBRUARY 05, 2004 By: Deputy II. FkOM: County Counsel TO; Clerk of the Board of Superysors 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: �f , `'f By: r , ..�._ Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator(2) { ) Claim was returned as untimely with notice to claimant(Section 911.3). IV, BOARD ORDER: By unanimous vote of the Supervisors present: { This Claim is rejected in full. ( ) Other: { I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: JOHN SWEETEN,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 arra 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: e&�OHN SWEETEN, CLERK By Deputy Clerk �,2.;' ' Claim to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT A. Claims relating to causes of action for death or for injury to person or to 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 craps and which accrue on or after January 1, 1938, must be presented not later than six months after the accrual of the cause of action. Claims relating to any °other cause of action rust be presented not later than one year after the acerml of the cause of action. {Govt. Code §911.2.) H. Clai= 'must be filed with the Clerk of the Board of Supervisors at its ,office in Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553• C. if claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against More than one public entity, separate claims must be filed against each public entity. E. ' Fraud. See penalty for fraudulent claims, Penal. Code Sew. 72 at the end of this farm. RE: Claim By } Reserved for Clerk's filing stamp RECEIVED} Agaii9t the County of Contra Costa } FEB 0 D ` or } LEP;_ j 'p District) `?`?? u . i r. Fill in T The undersigned claimant hereby makes claim against the County of Contra. Costa or the above-named District in the sum of d. rr` ,r ___ and in support of this clam represents as follows: 1. Wrier dial the damage.or injury occur? {Give exact date and hour} 2. Where id the image or injury occur.) (Include city and county , 44 ' 3. How did the damage or injury occur? (Give full details; use extra paper if required) t nr'Z FTM c- F c�alf�bo 41.5 e , hq 4,60M �ct%- 4. What particular act or omission on the part of county or district officers, servants or.employees caused. the injury or damage wriat are the names of county or district officers, servants or employees causing the da=age or injury? 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two esti mates for auto doge. 7. flow was the amount claimed above computed? (Include the estimated amount of any {prosp((ective in}}ju^��ry or �dam�a�}ge�.) ,.}_ _U ,,,ttc55L��� ''' /.a ,r) s-1Y L,ttVA-J, 8. ?banes and addresses of witnesses, doctors and hospitals. 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT Gov. Code Sec. 910.-2 provides: "The claim must be signed by the claimant SEND NOTICES T0: (Attorne ) or _some Gerson on his.behalf." name and Address of Attorney r' Cl t I s Signature) / Address Telephone No. TelephoneNo fry N 0 T I L 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 board or officer, authorized to allow or pay the name 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 cine-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 ($10,0300, or by both such imprisonment and fine. CLAIM BOARD tJ►F_$ PERVISORS OF CONTRA COSTA COUNTY BOARD ACTION,MARCH 09, 2004 Claim Against the County, or District Governed by } the Board of Supervisors, Routing Endorsements, j NOTICE TO CLAIMANT and Board Action. All Section references are to } The copy of this document mailed to you is your California Government Codes. } notice of the action taken on your claim by the Board of Supervisors. (Paragraph IV below), given Pursuant to Government Code Section 913 and 915.4. Please note all"Warnings". AMOUNT: $3.500.00 CLAIMANT: GREGORY MNSHALL ATTORNEY: UNKNOWN DATE RECEIVED: FEBRUARY 06, 2004 ADDRESS: 2421 AIL 1NE STREET, BY DELIVERY TO CLERK ON:FEBRUARY 06, 2004 OAKLAND, CA 94607 �Y BY MAIL POSTMARKED: HAND YDBAMUM SK MANAGEMENT FROM: Clerk of the Board.of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. JOHN SWE%6Z4.00- Dated: FEBRUARY 06, 2004 By: Deputy II. FROM: County Counsel. TO Clerk of the Board of Supe cors (Of-This claim complies substantially with Sections 910 and 910.2. 8 { } 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: /7 4 ,.-� _ Deputy County Counsel Dated: --,/, �..-'� $y: � y tS' 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. ARD ORDER: By unanimous vote of the Supervisors present: This Claim is rejected in full. { ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: JOHN SWEETEN, 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 actiori 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 per ury 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. Bated: A14v,64.09OHN SWEETEN, CLERK By Deputy Clerk Feb 05 04 04: 25p Radio Shack 510-202-2527 P. 1 I FEB 006 2004 ✓ zp Fjii�� claim to: BOARD OF SUPERYZ5M OF CUMA MSTA cOr 06'�Q�� INS"1'RI MONS M CLAI:FikHt A. Mai= relating to causes of action for death or for injury to pemon or to per- sonal property or growing crops and Mich 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.actimi for-death or° for injury to person or to persc=1 property or growing MWS and uhitfi accrue on or atter 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 =st be. presented not ]atw than we.year atter the a.ccrval of the cause of action. (Govt. Cade §91.1.2.) B. claims must be filed with the Clerk of the Board of Super visors at its office in Room 106, County Administration Building, 651 Pipe Street, Martinez, d 94553. , C. if claim is against a district governed by the Board of Supervisors, rather ttw the County, the name of the I7istxzct, should be f�Lled in. D. It the claim is against more than otic public entity, separate claims must be filed against each public entity. E.' Fraud. See penalty for fraudulent claims, Penal.Code Sec. 72 av the end o: this forst. eras � e � � �re � +� � � a- a �teaeaeae �rae � �t � � �taefaaaaras � �a BE: Claim By �� i l Reserved for Clerk's filing stamp a r 1 Aga of Contra ata District} 32in MM } The tzndemlped claret hereby, ;mites mita against the County of Contra Costa or the above-named District in the sura of $ J7� �;�� and in support of this claim represents as follows: 1. When did the d e or0==? (Give exact date and hour) 2. Where did thedmi4p trf InjurX elude city, and cou�yntrL ` Ci `Y- 3,. Hors did the MaJMUr y ? ive deL3i3.s• e extra per UP t'equaretiy �' Ey .�- 1 l 'f - �1 � r`3 ! .. In 4. What particular act or emission on the part of coLMty 9rdistrict, officers, servants tr.empl ees or dam? 11:1 ►"" f .T-7 ti2E;:.M t' ..,c, � •,�; r �`� I rvhr err- r7s tN JtlNk34I ?ISI? 03:) :ST b0$Z— :-h4kiF Feb 05 04 04. 25p Radio Shack SIt3- 3c-�� 7 t p_ � S- Wnat are ttse r df ocxtncy or district officer, 3erywts or employees causS,ng the da age or injury? 5. What damage or injuries do you calm res,tlted? (Give full extent of inJF es Or damages claimed. Attach= `�t�"� auto damage. `��1�`��s� jC: � � ��'n,V-. �>. mac., 1 r�rf , E'Z- U �C". * r �Q ! 7. How was the amc nt r aimed abps►e c �ttiia?�(I oly. t thS st.imated unt of any zt7sective fn l � t .r` ;� t: t 7r i rte. JfX � Zr- ' 11 " d ) 0_. �L.• H=es saes of w+tnesse dstcr" Qspi s. �t` +"Yv�t141Er'� `{t+i (i.5 AL/� 1 `.�C..E soh �"> List the upenditwvs you made on aecottct of this accident or Injury: WTE" r11EM Aim= e � � � � e �€ istr .� tt � tte � � � sf .�€ �.s � e � �tae•a'•� a * �► a * s * +t +>f �t �„a � God. Code Sec. '910:2 provides. MA c A4 =nt be signed by the ima.n't SM C TGe (Attorney) cremon on his.�*." Name and. Address or Attorney IS . 9.Qdress ., -� Tel.ephCne No. Telephone !to � N 0 T I C 3 Section 72 of the Penal Code prowidess "Every person mho, with intent to defraud, presents for allowance or for payme—nt to any state board or officer, or to any county, city or district board or officer, authorized to allose or, pay the sa=ne if .genuine, any false or fraudulent claim, bill,, account, voucher, or Vriting, is punishable either by imprisor;ment in the county jail for a period of not more tmn one-year, by a fire of not excteeding one thousand ($1,000), or by 'both w-vb icprLwime t, and finei-or by imprisonment in the state prison, by a fine of not exceeding tee t'hotzsand.dol ars ($10$0006 or by !N1LjnW8W 114SIN 330 09/09/103 12:32 VS10 PAINT MASTERS t 0910912003 at 11:80 AM Job Number: 78190 .f,,,, la-TEC E AUTO BODY License 'r:U22012.2 Federal 1D 7:01063764$ 7"W, CDSiOR SATISEACfTC3t3 ZS OUR #1 COAL 2311. R-HEE_M AVENUE RICHMOND, CA 94804 k (51.0)234-w5044 Fax: (510)23d-0'642 Written By: ESTIKkTQR EST.IMRTOR . Ad,Justar; I suied: GREYORY MINSHALL claim Owner. CREYOR.Y MZNSRAILL F�oliCy Dtible: Vis: :.kit ;_, ;Sn Date. of.Zcss: � Type of boss: ` Imo: (�10)685-6x_51 ,. Point of Impact: Inspect Lei-TECH AUTO BODY Business: (510)234-5044 r`s`,: Location: 2.312 RHEEM.AVENUF RICHMOND, CA 94804 ..��.. Ce tl3.yyt�wrv' corn ny: Days to Repair y rerr 2000 1ioND ACCORD Sri 4--2.314-FT _D SED VM: v''24=5671YC01.1351 Lie: Prod Date: Odometer: 7 Air Cancit-_o=,ri Rid: De.cgge� Tilt M1beel w mak' cruise Control !nter=it tent wipers Theft, Deterrent/Alar Dual Mirrors Clear Coat Paint Power Steering' 'Power 'Brakes Power Windows Poorer Locks Power Mirrors P.iti-Lock Brakes (4) Driver Air Bag Passenge- Air Bag Cloth Seats Bucket' Seats Autoitatic Transmission A-luminum/Alloy Wheels { PANT MASTERS 09/091/,2003 at 11:50 AM Job Numberti 2000 HOND ACCORD SE 4-2.3L-F_1 Q SED NO., OP_ DESCRIPTION QTY EXT. PRICE. LUOR PAINT --- ------------------------------------ ---------------------- REAR.BMER 2 0/H.:tear bumper i.5 3 Repl Bumper coker 1 2.69.83 Incl. 2:8 Acid for Clea*: Coat l:1 5 Rept -Energy.absorber ? 36x13 Inc?. -.� 6* Reel Rein.f beam 1 121.68 Lnr1. 0.0 7 TR rt'IdK LID x 8* Rpr Trunk lid 2.0 2.1 9 . Add for Clear Coat 0.8 10' RE.AR BODY & FLOOR =' il Rep.I Rear body panel 1 138.77 6.5 1:2 12 Overlap Major Non-Adj. Panel -0,2 . 13 Add for Clear Coat 0.2 14 Add..for Inside .6 15. Add for Clear Coat 0.:1 1.6._ QUARTER PANEL y7„ BTnd RT :Quarter panel Is Bl.nd IST Quaker panel 194 TINT COLOR I 0.5 20: HAZARDOUS WASTE 1 6.95 2i COVER CAR _ 6.00 0.3 22 Rept PANEL ADFESIVE KIT 1 27.00 T 2311'r Repl CORROSION PROTECTION 1 17.95 T 0.4 .20 SET GP TO MEASURE I 1 .5 F '7 25 Al.gn PALL & SQUARE 'FSE 2.0 F __ _--------------__-_----_-_--w__-__-_-_----___---- ---_____----__-__-- s Subtotals = 624.37 14.7 10.9 V. 2 j", 09/09/03 12:33 `$"510 PAINT MASTERS 2004 09/09/20,03 at 11:50 AM Job N=ber 78,190 r•. tr.tlCidd3ii3iL+6Ja Saa31� y'f;s..'' 2000 ROND ACCORD SE 4-2.3L-F! 4D. SED Parts 579.36 =` Boar Labor 11.2 hrs @ S 60.Q0/hr 672..00 Paint Labor 10.9 hrs@ $ 60.00/hr 654 00 Frame Labor 3.5 hrs @ $ 62.00/hr 217.00 Paint Sunol;es 10.9 hrs @ $ 28.00/hr 305.2Q. Sublet/disc. 44.95 ------------------------____-__.._-----___ SUBTOTAL � 2472.51 Sales Talc 929.51. @ 6.2500 76.68 -------------------------- GRAND TOTAL s 2549.19 r -US7 WS: = <: DCtlG`13� v; 0.00 CUSTOM PAYa, 0.00 Y 1�7SVRANCE PAY 2549.19 n5.'. THIS.E51°,IMA,T E, HAZ BEEN PREPARED ON TRE USE OE CRP-SE PARTS SUPPLIED By A SOURCE iOTM� ,i ty TES MANT-IFACTURER Off' YOUR MOTOR �EK.L E. PART PRICES ARE SU�JBCT TQ VOICE M WARRANTIES APPLICABLE TO THBSE REPLACM29T P�LRTI S ARZ PRC TiDEIJ BY TRS MANUFACTURER OF YOUR VEHI CZE. THIS E$T'IMTE DOES NOT INCLUDE COSTS OF REPAIRING ANY FIDDEN DPMME FOUND ON TRIS BODY SITOP IS NOT RESPONSITLE FOR kNY zXISTING UNRELATED PRIOR %A'AAGS OTHER ' H3 STATER ON THIS EStIMTE OF REPAIR. ' .. •'fit M1,_.,. 3 act 15 03 05:51P Rr Shack 5102-23P 927 P. 1 r oil, r i r I STATEMENT - Gregory MINHALL DUE DATE STATEMENTDATE 09120/03 28 COTTAGE AVE APT 4 10/05/03 if you have any questions concerning II1CHMOND GA 94801 this gilt please call: 1-800-201-2123 =- --- Or'tn-ite to. Patient Billing Resolution Dept Guarantor # 1I6271}2g 393 East Walnut St Pasadena CA 91188 ACCOUNT# PATIENT NAME LOG SERV.DATE ACCOUNT ACTIVITY AMOUNT 7161127 Gregory MIN3NALL RCN 0 11 03MERGENCY ROW USELEVEL 3 425.00 08/11/03 EMERGENCY VISIT MODERATE SEV 335.00 BALANCE DUE 7€0.00 -------------------------- -------------- ------------------ ------------ _-__--_--__--_ � t r 01AR8cT1 REV yzrr:roarvh TOTAL AMOUNT OF ALL ACCOUNTS $760.00 TOTAL BALANCE DUE FROM YOU $760.00 An-,,payments,charges,or adjustments received after the statement(late above will appear on your next statement. Thank you for choosing Kaiser as your health care provider. Please pay your balance in full . PLEASE DETACH AT PERFORATION AND RETURN BOTTOM PORTION WITH PAVMFN T Make check payable to Kaiser Permanente I PREFER To PAX AS FOLLOWS: STATEMENT DATE 0912t3tt13 KAISER PG!'IMANG"JVTir 0 VISA t7 MASTERCARD -�- , EXP.DATE: GUARANTOR # DATE DUE 11627429 111105103 NAME AS IT APPEARS ON CARD- IBA LANCE DUE AMOUNT PAID ACCOUNT NUMBER: 0000 FI��� I M 110 001111 $760.00 L}HOLDER: DATE:SIGNATURE OF CARD File 55511 Gregory MINSHALL 28 COTTAGE AVE APT 4 RICHMOND CA 94801 8700001162742900000760000920030 Oct; 15 03 05. 47p Rad ' hick 5113--P^ --2627 P- 1 +� �y �j GROUP) �y THE PERMANENTE GROUP)INC. Emergency Department 901 Nevin Avenue,Richmond,CA 14801 51fl} 307-iss5 �' ., i IMPRINT AREA FOLLOW-UP tNSTRUC"IOUS. please contact your regular doctor or the department.Indicated below for any unexpected problems.If you are unable to obtain the recommended follow-up treatment,return to the 5morgency Department. t The following Instruction sheets have been given to you. €. i Back care i` I Cast care Cast/splint care i ' Head injury I Kidney atone Lacerations and abrasions € j Neck care i 'Fever or vomiting/diarmea ADDITIONAL INSTRUCTIONS. l..1 Elevate above the level of your heart. I t drink plenty of fluids. ' I Avoid doing anything that aggravates the problem. I„ Take- _ ___aspirin,ibuprofen(Advile.Nuprie)or acetaminophen,_____ rugs.total,every-----hours,as needed for pain Ilever, ; ppty ars ice firs heat forE __ .minutes__' '__times per day while awake for {days}. I Please contact your physispian., ...._...____.._._-. _ _ _ _ _ __ -to arrange follow-up. Other Instructions: An appointment has been scheduled In the,—,----_ _—�_ _clinic with Dr. --- an An appointment has been requested for you in the clinic. Call them in 5 days it they have not called you. Call today or the next weekday to make an appointment in the clinic checked below. Tell the receptionist you were seen In the Emergency Department and advised to be seen in about._ _ __ _,_days or .__ weeks. Allergy Clinic.......................................307-1525 Head&Neck Surgery....._............... -307-1540 i Orthopedic Clinic................................307-1534 Chemical Deuerldency Clinic......._......307-1591307-1555 Clinic......................................307-1555 l Pediatric Clinic.....,._...,.......,.......,......-.307.1543 l € Dermatology .....................-...............3027-1540 i' ' OMYN Clinic.................,..............,....307-1588 Psychiatry Clinic.....,...........,..,......_.,..307-1581 r Eye Clinic ...........,................................307-1534 l,l Occupational Medicine.,,...........,.........307-1560 Rfctimond Health Clinic........... 1-800-495-8885 Surgical Clinic'.-................ 307-1554 Your treating M.D.today has been.. I hereby acknowledge that I have reviewed these instructions and have had my questions answered regarding my treatment,medication, and any further follow-up plans. I understand that I may call the Emergency Department at any time if I have further questions. A;ieraxi is-ite crostaLE PARTY Xr . aw%"N on nw"a 7ro-ma ww'mw+ .%". ..m 7 mom"am NWs ow m w Awww r 7.rr.7wt am.,7w ma vm Y how OtillOs NOW.gym'. .W8 low 7or7 able-. a \ill ANFa VISIT VERIFICATIONPER DIAGNOSIS r,L, Has been ill and unable to work from.__�''�.l ____ through._-_'_ States he/she has been III and unable to work from �__ _through_ f t._..;."yi..'r3.+.y E l.i' +.fin �.� through- This patient is advised to return to work f school/PE; "; ? � .r�'{fIQ RESTiRlCT7C3NS. { I ��j TEMPORARY Activity Restrictions(indicated below)until-- .- __. _. �Physical"therapy -q P (If restricted work is NOT available,this patient is unable to work until this date.) ;7 Further treatment raq. No lifting from floor,squatting,banding '-1 May do tight duty involving"ling,standing,reaching,grasping,walking > f r-- Weight itfring capabilities: f-10-tJ lbs. L-Keep wound clean and try for 5.7 days, «' s r` S1C,NATURE"'_....,,_. .., ._...._ =._._.. tdAA�S.•-�.�r.�. y., _..�__...._.. LCSCATf'JN._._. _...__...,_..._. _.DATE SEN (37724-t 6(REV.7.00) J + DISTRIBUTION.BLUE.CHART-WHITE=PATIENT.PINK ER R500Rp _ AMENDED W CI.A-1M BOARD OF.SUPERVISQRS OF CONTRA COSTA COUNTY BOARD AC TION• MARCH 09, 2004 Claim Against the County, or District Governed by ) the Board of Supervisors,Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section references are to ) The copy of this document mailed to you is your California Government Codes. ) notice of the action taken on your claim by the Board of Supervisors. (Paragraph IV below), given Pursuant to Government Code Section 913 and 915.4, Please note all "Warnings". AMOUNT, UNKNOWN CLAIMANT: mizmiM moHAmED EL ATTORNEY: UNKNOWN DATE RECEIVED. FEBRUARY 09, 2004 ADDRESS: F.O. BOX 101.1 BY DELIVERY TO CLEF.ON:FEBRUARY 09, 2004 EL CERRITO, CA 94530 BY MAIL POSTMARKED: FEBRUARY 06, 2004 FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim, JOIN SWEET N C .Dated: FEBRUARY 09, 2004 By: Deputy ITPFO—Ki: County Counsel TO: Clerk of the Board of Supe cors ( ''his claim complies substantially with Sections 910 and 910.2. ( ) This Claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim(Section 911.3). ( ) Other: r ♦ r Dated. ," ` k " B , - ` v" '` "' Deputy County Counsel III, FROM: Clerk of the Beard TO: County Counsel (1) County Administrator(2) ( ) Claim was returned as untimely with notice to claimant(Section 9113), IV. ARD GIRDER: By unanimous vote of the Supervisors present: ( This Clam 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:&Arv44 a-eAL-0.41 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 penury that I ani 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 Deputy Clerk Claimants First Amended Claim Together writh request for Reconsideration Pursuant to Section 910 and 910.2 of the California Government Code and It`s compliance To : The Board Of Supervisors of Contra Costa County . From : Claimant Mizraim Mohammed E1 FEB 0 �' l0Cf4 Date : February 5, 2004 f 'f Ftnr ' O Dear Supervisors : Comes now Mizraim Mohammed El and files this his First Amended Claim pursuant the California Government Code and in compliance with section 910 and 910.2 Of the California Government Code . The Claim is by Mizraim Mohammed El The Claim is against Chief Deputy Treasurer- Tax Collector l Debt Collector Russell V. Watts . This is an unlimited Jurisdictional Claim I -The Damage occurred December 2, 2003 at 5:00 p.m. when I received my mail. 2 - The damage occurred in Richmond California and Martinez California Contra Costa County . 3 - The damage and or injury happened when RUSSELL V. WATTS refused to allow Maker Respondent to lawfully pay(back and current)taxes on 3 parcels through a lawful medium of exchange i.e. three Negotiable Instruments called Certified Promissory Notes backed by Public Policy HJR 192 June 5, 1933 and the Uniform Commercial Code . 4 - The act or omission happened when RUSSELL V. WATTS refused to answer any of my responses to his letters clearly . MR. WATTS refusal to answer my questions can only be equated with Fraud(United States v. Burr U.S.. 242)complete copies inclosed . 5 -RUSSELL V. WATTS caused the damage . 6 - The damages caused are Discrimination and Fraud . 7 - The Claim is for Unlimited Jurisdiction. 8 - Witnesses are : Patrese Mohammed El William J. Pollacek Terry Jones 2808 Cutting Blvd. 625 Court Street 28500 Carlos Richmond Ca. 94804 Martinez Ca. 94553 Hayward Ca. 94542 Om"N" MI El Cevvi#+pr 94=0 California Republic ldizraim Mohammed 210 WMWPWASU ` - r Peat Mee Box 1011 El Cerrito 5$0 California Republic Mizraim Mohammed BIC What happened Through The Mail . 0 . 1 Mi2raim Mohammed El went up to the Tax collector's office to get a faint out of the current and back taxes (A) . 1 . On 11-28-03 I sent the Tax Collector a "Payment Package" (B) . 2 . On 12-02-031 received a letter from Russell V. Watts statim that he is returning my P. Notes but did not state unambiguously whether or not he rejected accepted or objected my offer of payment . 3 . On 12-05-031 faxed and certified a letter questioning Mr. Watts on whether or not he accepted or rejected or objected my offer of Payment . And where were my ether papers associated with my returned P. Motes ..... 4 . On 12-08-03 1 received a letter from Mr. 'Watts who again refused to answer questions and brought out a Revenue Code of which My Notes are lawfully associated with . Mr. "Watts then used Threat to try to make me come off my square . 5 . On 12-11-031 faxed a letter to Mr. 'Watts reasserting my Lawful Payment of the alleged debt and then I contacted you the board of supervisors of Contra Costa County . 073483 REDEMPTION DETAIL IF PAID 11/2003 PAGE 0 +'ELZNQNT 'TAXES & ASMTS 1, 974 .58 DELINQUE PENALTIES 197 .40 DELINQUENT COSTS 50 . 00 REDEMPTION PENALTY 473 .43 REDEMPTION FEE 1..5 . 00 ***TOTAL TO REDEEM*** 2 ,71.0.4 DELINQUENT DELINQUENT DLNQ REDEMPTION YR PARCEL ID TAXES & ASMTS PENALTY COST PENALTY 2000 549-071- 025-7 50?.20 50 . 72 20 .00 220 . 63 2041 549-071.--025-7 793 . 12 79 .26 30 . 00 202 .24 2002 549-071.-025-7 674.25 67 .42 10. 40 50 . 56 *** TOTAL *** 1, 974 . 58 197 .40 50 . 00 473 .43 *****LAST ,-J00-03462 REDEMPTION DETAIL IF PAID 1.1/2003 PAGE 0 ,.aQU 'lr- TAXES & ASMTS 9, 968 . 18 aINQUENT PENALTIES 996 . 76 DELINQUENT COSTS 70 . 00 REDEMPTION PENAL'T'Y 2 , 502 .29 REDEMPTION FEE _l.' 4 ***TOTAL TO REDEEM*** 13 , 55223 DELINQUENT DELINQUENT DLNQ REDEMPTION R PARCEL ID TAXES & ASMTS PENALTY COST PENALTY :4130 549-071-424-13 2, 935 . 56 293 . 54 14 . 00 1, 276 . 96 .001 545-071-024-0 3, 877 . 18 387 . 74 30 . 00 988 . 68 002 549-071-424-0 3, 255 .44 31.5 . 52 30 . 40 236 . 65 ** TOTAL *** 9, 968 . 18 955 . 75 70 . 04 2, 502 . 29 ****LAST LINE***** 2001.-03776 REDEMPTION DETAIL IF PAID 1.1/2043 PAGE 0 ELINQUENT TAXES & ASMTS 2, 941 . 64 ELINQUENT PENALTIES 294 . 14 ELINQUENT COSTS 24 . 00 EDEMP'T'I ON PENALTY 480 . 37 EDEMPT I ON FEE 1 **TOTAL TO REDEEM*** 3 , 751 . 15 DELINQUENT DELINQUENT DLNQ REDEMPTION R PARCEL ID TAXES & ASMTS PENALTY COST PENALTY 301. 549-191-005-4 1, 443 . 12 144 .30 1.4 . 00 367 . 99 )02 549-191-005 -4 1,498 .52 1.49 . 84 10 . 00 1.1.2 . 38 -t* TOTAL *** 2, 941. 64 294 . 14 20 . 00 484 . 37 ***LAST LINE***** 46 v fl FAIRMOUNT STATION 725i 21?qf*& :• 11-28-03 EL Ci:RRCalifornia f to 945 090% t ` ,� " !� 945303$51 nir�de�w 0555110221-0096 : 1 1112812003 5510?525-0359 11:09:39 AM 9,91.1 ---- Sales Receipt 4 g Product Sale Unit Final Description City Price Price -36-10 I MARTINEZ CA 94553 $1.06 •` T) First-Class Restricted Delivery $3.50 f-: `�• � ` Return Receipt $1.75 " Registered $7.50 •` insured Value $0.00 `J ``v !� ?► Article Value : $0.00 ' Label Serial #: RA566591616US issue PVI: $13.81 Total : $23.81 Copy 2-Post Office 1 Mohammed El Paid by: `� • Cash $104.00 FULL the Changs flue: $90.19 Bili#: 1000400859631 � : � I Clerk: 07 — All salsas final on stamps and postage. — N Refunds for guaranteed services only. � m 'thank you ror- your business. 9 Customer Copy 1on� ,� - •r s�v�-r�v r r.,,�... arcels--------------------------- $20,013.79 Mizrairn Mohammed El(Respondent and Maker of the Notes) is responsible for the making and production and delivery of the Notes . Please read the following documents associated with the Notes in this PAYMENT PACKAGE . If there are any questions pertaining to this "mote of Payment"please send in writing (within ten days) to the address of the Maker who is the responsible party . Being Conscious the.Due Process Laws please consult your legal department and Please send in the mail a zero ($0.00) balance statement to the Maker of the Notes . Sincerely, Maker/Respondent Mizraim Mohammed El Co Trustee Ellease Trust P.O. Box 1011, El Cerrito, El Cerrito California, (94530-1011) n f Friday, 11-28-03 NOTATIONS Contra Costa County Public Servant (W.J. Pollacek) P.O. Box 631 Martinez California 94553 ATTENTION: William I Pollacck,In Collector SuBJECT: PAYMENT IN FULL Greetings To Mr. William J. Pollacek, Tax Collector(Debt Collector)....., I Mizraim Mohammed El Respondent and Maker of the following Nates now uses the following to PAY IN FULL the alleged tax debt owed by the Ellease Trust on the following Parcels: 2808 Cutting Blvd. Richmond #549-191-005-4 $3751.15 2901 (Lot) Cutting Richmond #549-071-025-7 $2710.41 2901 CuttBlvd. Richmond #549-071-024-0 $13.552.23 Grand Total for all three Parcels -------------------------- $209013.79 Mizraim Mohammed El(Respondent and Maker of the Nates) is responsible for the making and production and delivery of the Notes . Please read the following documents associated with the Notes in this PAYMENT PACKAGE . If there are any questions pertaining to this "mode ofPayment"please send in writing (within ten days)to the address of the Maker who is the responsible party. Being Conscious the Due Process Laws please consult your legal department and Please send in the nail a zero ($0.00) balance statement to the Maker of the Notes . Sincerely, "moi a4W sltc~,eco p Maker/Respondent Mizraim Mohammed El Co Trustee Ellease Trust P.O. Box 1011, El Cerrito, El Cerrito California, (94530-1011) Friday, 11-28-03 NOTATIONS Contra Costa County Public Servant(W.J.Pollacek) P.OBox 631 Martinez California 94553 ATTENTION: William J. Poilacek,Tax Collector SUB.iECT: DOCUMENT INCLOSED I Copy of Presentment 2 Uniform Commercial Code Statement 3 Administrative Remedy Demand 4 Offer Of Performance 5 Certified Promissory Notes 6 Verification of Tender Of Payment 7 Debt Collector Disclosure Statement S Affidavit of Mailing Mizraim Mohammed El(Respondent and Maker of the Nates) is responsible for the rig and production and delivery of the Notes. Please read the above mentioned documents associated with the Notes in this PAYMENT PACKAGE . If there are any questions pertaining to this "mode of Payment"please send in writing(within;ten days)to the address of the Maker who is the responsible party. Being Conscious the Due Process Laws please consult your legal department and Please send in the mail a zero ($0.00)balance statement to the Maker of the Nates . Sincerely, ?*0460t Ud"MVd Maker 1 Respondent Mizra im Mohamed El Co Trustee Ellease Trust P.O. Box 1011,El Cerrito, El Cerrito California, (94530-1011) r tiJ iuI V i-T V V iw V ger/ :. iilll UCC FINANCING STATEMENT FOLLOW INSTRUCTIONS(front and bsefra CAREFULLY 3 } E A.NAME b PHONE OF CONTACT AT FILER[optional] S.SENT;ACKNOWLEOGMENT T O: (Name and Address) ! 1 lif III FILED Mizraim Mohammed BI SACRAMENTO, CA Post Office Box 1011 JAN 09, 2003 AT 1700 El Cerrito, CA 94530 KEVIN SHELLEY SECRETARY OF STATE THE ABOVE SPACE IS FOR FILING OFFICE USE ONLY 1.DEBT O'R'S EXACT FULL LEGAL NAME•msen only=daotor name tta or 1 b}-ao net aobravrata be Combine names Ia.ORGAN2A I ION'S NAME OR ;o.INC(V1 O,JAL'S LA:ZT NA-'AE Pi RS7 NAME j.-AlOCLZ NANtc i SUFFIX L j liii11ZRAIM ' MOHAMMED IG MAILING ADDRESS 1 GiY STATE j PDS T AL CODE (COUNTRY Post Office Box 1011 � E Cerrito CA ; 94530 a.TAX IO x_ SSN OR EN IAOD-LINFORa I te.TYPE OF CRGANIZAT'rDN ;f,.URISDICT.ION DF DRGANiZA7iCN Ig.ORGANIZATICNAL Z A,d any 364— 08 ORGANIZATION 4 DEBTOR t i I r INCNE 2.AOOITIJNAL DEBT'OR'S EXACT FULL LEGAL NAME-insert only r,-aeotor name f2a or 2bI•do not abbreviate or comome names i 2a.CRGANI7.AT;OWS NAME OR'!2b.INCIVIDIJALS LAST NAME 1 FIRST NAME MICOL E NAME '�SUFFiX 2c.MArUNG ADDRESS GTy STATE IPCSTALCOCE -CUNTRY I4.TAX ID;' SSN OR°IN ADD'L INFO RE 2e.TYPE OF ORGAN)2,A T tON 21._JRISOtCTICN OF ORGANIZATION 12g.ORGANIZATIONAL!D 4,,t any ORGANZATION 11DESTOR ( ( I ) 1NONE 3.$cCL1R ED RA2TY S NAME Ian NAME of TOTAL ASS)GNE a:ASSIGNOR SrP)•+riser,only C secures oary name iia or 3b) 39.ORGANi<ATION'S NAME I OR i3c.INDiV)c UAL-S'CAST NAME, FtR5T NAME MIDDLE NAME SUFFIX BL' Mizraim Mohammed 3c.MAILING ADDRESS I C:7, STATE PCSTAL CODE COUNTRY Past Office Box 1011 1 El Cerrito CA i 94530 4.This FINANCING STATEMENT=vets u+e followeig OWCOMI: All of debtor's assets, land, and personal property, and all of debtor's interest in said assets, land, and personal property, now owned and hereafter acquired, now existing and hereafter arising, and wherever located, described fully in Security Agreement No. MML011699-SA dated the Sixteenth Day of the First Month in the Year of Our Lord One Thousand Nine Hundred Ninety-nine. Inquiring parties may consult directly with debtor for ascertaining, in detail, the financial relationship and contractual obligations associated with this commercial transaction, identified in security agreement referenced above. Adjustment ofthis filing is in accord with UCC §§ 1-903, 1-104, and Nouse Joint Resolution 192 of June 5, 1933. Secured Party accepts Debtor's signature in accord with LCC §§ 1-201(39), 3-401. 5.ALT ERNhTIVir DESIGNATION p(eodtcabte{: ILESSEc'/LESSOR CONSIGNEEtCONSIGNOR I $AiLEFJ$A1LOR SELLEPJ$tJYER I AG.LIEN I tNDN-UCC F)LiNG n, n PIN Nt,sr ata oe Soso Igor reeorCl for recaraxof+rn!ne r -neck to Nc UF5 6 J• ac < ecru Ila on uablortsl _STA RFCORSS. Arent ArMennune fid a5nbrnnlet I W)OITIONAL FqFJ rn ismatI All osown Oebror t Dablor 2 g•OPTIONAL FILER REFERENCE DATA Oft FILING OFFICE COPY—NATIONAL UCC FINANCING STATEMENT(I:r RM JCC1)(REV.0 %^9/98) dV1J4,4.+�."�+r�r♦ krava:�.e�:aru*u,a.a.+ �.u�s P.O. Box 1011 EL Cerrito, CA 94530-1011 jte rpoudent'at private International Administrative Rease ly Demsrad No.MMUi11649RRIA This private International Administrative Remedy Demand No.MMLC}i 1699H IA is binding up on every principal and agent re the sulbject matter set forth herein below. Date: Friday 11--28--03 Via. U.S.P.©.Registered Mail Article No. To:W.J. P o 1 1 a c e k Tax Coll e c t d.b.a.a Debt Collector,hereinafter"Debt Collector" William J Po 1 eek centra Costa Tax Collector P.O. Box 631 Martinez California 94553 Re : Debt Collector's written communication,hereinafter-Presentment," dated November 2003 referencing: AllegWCreditcr• Contra Costa---County Tax Collector W.J. Pollacek ged AlleAccount No.: 7 6 Alleged Amount Due: A Grand Total Q f S20 . 01.3, 79 — Subject 0.013 7 9 Subject :Tender of Payment and Notice of Reservation of Right for initiating of Counterclaim and for Filing Claim against bond 1. Be it known by these presents that MI ZRAIM MOHAMMED EL C' Respondent,is in receipt of Debt Collector's above referenced presentment,a tree and correct copy of which is attached herewith,made fully part thereof,and included herein by reference. 2. respondent hereby gives Debt Collector Notice that this wdden communication is not a refusal for paying the alleged debt Implied by Pnesentment,but constitutes express,written notice that (a) The above-referenced alleged debt is not valki: (b) Debt Collector's claire is disputed: (c) respondent does not take issue with the amount of alleged debt claimed:and that (d) Upon receipt of this Notice,Debt Collector must cease all collection activity re the alleged account/debt until Respondent is sent the herein-requested vedcatiion as required by the Fair Debt Collection Practices Act: Tender of Payment 3, Respondent,without waiver of any defense,and for the purpose of resolving this matter In good faith,hereby tenders payment in the form of a Certified Promissory Note, also known as an Offer of Performance, both of which are attached herewith, matte fully part hereof, and included herein by reference, for the purpose of discharging the alleged debt as stated within Debt Collector's above-referenced presentment 4. Respondent retains original of Debt Collector's Presentment as proof Respondent has not dishonored Debt Collector's instrument,nor in any way acted in bad faith. 5. Respondent gives Debt Collector Notice that, In accordance with law as codified at 15 USC §16929(6): 'lf the consumer notifies the debt coffedor In writing v4hin the thirty-day panod dasaiWd in subsection fa)of this section that the deem,or any portion thereof,is disputed,or first the consumer requests the name and address of the original crerdkor, the debt co#edor shaft cease collection of the debt or any disputed poftn thereof,un#if the debt cdector obtains vqda&of the dObt or s copy of s Judgment,or the name and address of the original creditor,and a COPY of such yon fc t%ro or ftfi:Oerrt;or name and address of the original creditor,is marred to the consumer by the debt collector,`(Underline emphasis added by RespOndent.) 6. Be advised that *verification' is defined (in Black's ley Dicdonary Sixth Edition) as follows: 'Confirmation of cOM)CtneW, truth, or aulhe0&4,by aft`ad&A,Oath, or deposi#itrnn. Ail'rdm of moth of matter stated and o*ct of verification is to assure good faith in averments or statements of parrtty.- Respoudeat's Privste internstianal Administrative Remedy Demand Na.MMLOO11699HHtA r Noticed that this is not a request Dy Kesponaent for a photocopy or any invoice,statement, regiment, and the like and that any future communication received by Respondent from Debt n written as well as any other form, absent the above.cclted requisite*verification of the debt,'irrespective the in usion of any photocopy of any related invoice, statement, bill, summary, agreement, and the like, constitutes Debt co€lector's tacit admission,confession, and agreement that Debt Collector has no lawful, bona fide, verifiable claim re the alleged account. 8. Respondent also includes with this written communication,`Debt Collector Disclosure Statement,"for the purpose of ensuring that Debt Collector's "verification of the debt' is executed in accordance with law as codified at 15 USC §9592(g), and must be completed in full by Debt Collector and received by Respondent within twenty-one (21)days of Debt Collector's receipt of this written communication. Notice of Reservation of Right for Initiating a Counterclaim and Filing a Claim Against Official Bond 9. If Debt Collector,such as by commission,omission, and otherwise: (a) Fails in giving Respondent full disclosure re the nature and cause of Debt Collector's claim concerning the hereinabove-referenced alleged debt; (b) Makes a false representation of the character of the hereinabove-referenced alleged debt; (c) Makes a false representation of the legal status of the hereinabove-referenced alleged debt; (d) Makes any threat of action that cannot legally be taken, in violation of any applicable law, such as the law codified at the Fair Debt Collection Practices Act, Respondent may initiate a counterclaim and claim against the official bond of Debt Collector, as well as the bond of any principal, agent, and assignee of Debt Collector, whose acts, as Well as omissions, result in Respondent sustaining any tort injury. 10. Debt Collector is also hereby given notice that: (a) Debt Collector's unsubstantiated demands for payrnerit, a"scheme or artifice" "caused to be delivered by mail," may constitute Mail Fraud under State and Federal Laws (Debt Collector may wish to consult with competent legal counsel before originating any further communication with Respondent);and (b) Debt Collector's failure in providing Respondeat with the requisite verification, validating the above-referenced alleged debt within the requirements of law as codified in the Fair Debt Collection Practices Act and the corresponding laws of each state, signifies that Debt Collector tacitly agrees that: (i) Debt Collector has no lawful,bona fide,verifiable claim re the above-referenced alleged account; (i€) Debt Collector waives any and all claims against Respondent;and (iii) Debt Collector tacitly agrees that Debt Collector will compensate Respondent for all costs, fees and expenses incurred in defending against this and any and all continued collection attempts m the above- referenced alleged account 11. This is also an attempt for determining the nature and basis of a case/counterclaim against Debt Collector, and any information: contained within Debt Collector Disclosure Statement, as well as any information obtained otherwise, such as by Debt Collector's commissions,omissions, and the like,will be used for that purpose. 12. Due process a guaranteed both alleged debtor and Secured Party at Debt Collector's Office of Risk Manageme is dified at 18 USC§§ 1581,242, 249 at 15 USC§ 1692, and elsewhere. 1vtC? D ELL,Respondent Enclosures: Offer of Performance Certified Promissory Dote Verification of Tender of Payment,Notice of Reservation of Right for Initiating CounterclaimNiling Claim Against Bond Debt Collector Mcloswe Statement Respondent's Private International Administrative Remedy Demand No. MMLOO116"HHtA �j�rted by;and era Recorded Rettitfn to In care of: Post Office Box 1011 El Cerrito California Republic Mixraim Mohammed El Respondent's Private International Remedy demand No.HML0L1699L HLk This notice is binding upon every principal and agent re the subject matter set forth herein. Via United States Post Office Registered Mail Article No. For: W_J.per, ,ek T-C. ,d.b.a.a Debt Collector,hereinafter"Debt Collector" Tax C Box 1 Martinez Ca. 94553 Re: Alleged Creditor: Collector W.J. Pollacek Tax Collector CCC Alleged Account: #03316575 #03-3167700 #03-316576 Alleged Amount Due: Grand `QtaI of X20 013 79 Subject:Offer Of Performance OFFER OF PERFORMANCE 1. This Offer of Performance is tendered in good faith as full satisfaction of the claim referenced above,with the intent of extinguishing any alleged debt,duty,obligation,liability,send the like intended as obligating Respondent,MIZRAIM MOHAM M D ELD,named hereinafter-referenced Presentment,a copy of which is attached herewith,made fully part hereof,and included herein by reference. #03-316575 t03--33.6576 2. Concerning this Offer of Performance,hereinafter"Offer,'re alleged account #03-316770 Debt Cot lector may: (a) Accept this Offer, (b) Reject this Offer, (c) Object regarding the made of this Offer. I this Offer of payment of that certain sum of mongy that Debt Collector alleges/asseds,via Presentment,constitutes Respondents debt, duty, obligation, and liability, including interest and penardes, is made dependent upon performance by Debt Collector of Conditions Precedent concerning which Respondent/Offeror is entitled by the fundamental principles eAmedcan Jurisprudence and lave,namely,provision by Debt Collector of verfficafiorar of the alleged debt,accompanied by documentary evidence establishing the factual basis for Debt Collector`s claim for payment asserted,within Debt Collector`s above-referenced Presentment,i.e.validation of Debt Collector's right for collecting the alleged debt by providing the requisite verification,including: (a) Copies of all agreements of assignment,negotiation,transfer of rights,and the like,and indicating whether Debt Collector is the current owner, assignee, holder, holder in due course, etc., with evidence of Respondent's consent with any such agreement if a novation: (b) All relative commercial ins#rurnents, contracts, and the like containing Respondent's bona We signature (subjective theory), I,vcrinestioa,conr#rmuion or correctness,truth,or authenticity,by affidavit,oath,or deposition. AjfIdsvit of truth of touter stated and object or verification is to ossure;ood frith in avetmcots of stmMcats of party. $seer's Lave Dret#onary Sixth Edition. Respondent's Private International Administrative Remedy Demand No.MMLOO I 16"HHIA y evidence of an exchange of a benefirt,as well as exchange of a detriment(implied contract); (d) Any evidence of any series of external acts giving the objective semblance of agreement(objective theory); (e) An other documentary evidence between Respondent and Debt Collector that Debt Collector relies upon in making Debt Collector's presumptive claim; (t) Name and address of original creditor,and (g) A certified copy of any judgment. 4. Respondent/Offeror expects a response re this Offer within a reasonable period of time of receipt of this Offer,which is hereby set at twenty-one(21)days,not counting day of service. 5. RespondentlOfferor does not waive timeliness. if additional time is needed,however,Debt Collector must make a request in warig before expiration of said twenty-one-(21)day period described above In paragraph'4,'setting forth Debt Conectoes reasons for requesting such extension of time with good cause shown. RespondentlOfferor wilt consider any such request for extension of time, the granting of which, however, is conditioned solely upon the decision of Respondent/Offeror. 6. Respondent/Offeror hereby gives Debt Collector notice that, as an operation of law as codified at California Civil Code§1485 and California Code of Civil Procedure§2074,respectively: (a) An obligation is extinguished by an offer of performance,made in conformity with the rules prescribed,and with the intent of extinguishing the obligation; (b) An offer in writing for paying a particular sum of money, as well as for delivering a written instrument/specific personal property, is, if not accepted, the equivalent of the actual production and tender of the moneytinstrumenttproperty. 7. In event that Debt Collector does not respond re this Offer within the prescribed time limit for response,and there has likewise been no request for extension of time,with good cause shown therein,within said time period, then Debt Collector tacitly agrees that Debt Collector has no bona fade,lawful,verifiable claim re this alleged account,that Debt Collector waives any and all claims against Respondent, and that Debt Collector tacitly agrees that Debt Collector must compensate Respondent for an costs,fees,and expenses incurred defending against any collection attempts by Debt Collector re the above-referenced alleged account 8. Respondent also expressly includes with this Offer of Performance,'Debt Collector Disclosure Statement,"attached herewith, made fully part hereof, and included herein by reference, for ensuring that Debt Collector clearly and conspicuously makes all required disclosures in writing in accordance with applicable portions of Truth in tending (Rogtdation Z)12 CFR 226. Debt Collector Disclosure Statement must be completed by Debt Collector and received by Respondent within twenty-one(21)days of Debt Collector's receipt of this Offer of Performance if Debt Collector wishes Debt Collectors claim considered by Respondent 9. Debt Collector also tacitly consents and agrees that Debt Collector has a duty for preventing this alleged account from damaging Respondent in any way. Debt Collector confesses judgment and Respondent reserves the right for: (a) Initiating a counterclaim against Debt Collector, (b) Filing claim against the bond of any responsible party,including Debt Collector and all principals, agents, and assignees of Debt Collector,whose acts/omissions result in tort damages against Respondent/Offeror. 10. Due process of law is guaranteed both alleged debtor and Secured Party at Debt Collector's Office of Risk Management,and is codified at 18 USC§§1581,242,741,4,at 15 USC§1692,and elsewhere. Dated : lIX18—0 3 Signed . /V( espondentlOfferor Witnoss .. .. .. .-.................................... Witness .......... ... ................ .................... Respondent's Private International Administrative Remedy Demand No. MML011699RHIA a, L 1 Number : MML011699HHIA Date November 28, 2003 i. Pav to the« Orderof: ***William J. Pollacek C. C. Counter** 1i S2IIU . 41 . t - � *** `Two 'Thousand Seven Hundred 41 / Oct *** r Uts k5m ramr t5 trnbtrcb by the iflubtrsigntb RMantitnt, MIZRAIM MOHAMMED EI.. .hrreamfttr"Raker," � tit gooti fatal,anB in atrartranat mitt)tato,as robiiicB at�i+lfis:t-3d1.1«tGf, i-20€(#}(��}(3p},3-tc�g(n}(�)3-1c14(a}(b} aub Paola polirp at pause 30int Atsolution 182 of.dune a,1833,as full satisfaction of a alltgth btbt claittirb anb altrgrtstp omeB in labor of 3aptr hcrtsn»i.t. a c3x CC?I C Wo W. Pol lacek B.b.a.a Debt collector.as per Papet's/Bitbt+Cotittror's Presentment: Alleged Creditor : Wil l_:�_ am j. Po', I acek pax Collector �!�"-- a � Al luted Account Number : _4.0.3--316 5 7 5 1 Aile> ed Amount Due : $2710 . 41 a. { ` Z cru;anti carrtcr coop of prrstrintitnt is artaotb hereto.make fultp part hrrtof.anti inctulitb herein by rtftrtncr. Chis rte ` ii 'I s:aremmi:tottstirures,fftat3rr's promise for passing this instrument upon prtstntuttm anti mbomemtnt.at Olaker's Location. ( i as an operation of lout. PaM/-Ztbt Collector tatirlp consents anti agrrts that there is auorb anb satisfaction by ust �,• ^> of tots instrammi:for sartsfning Dame's/s'3s cbt Coltecroes claim anB,fflahrr is herebv bischargrb from ttabilirp on tits I atltgrb account anb the obligation is suspttitirb in atrorbanct mirk tam as cobifittiat MCe 3-31o(b) .3-311,anb 3-603. Alakttr Bots not waibt timelint5s.baioebtr.. if Pa art/Mtbt Collector mitis abbitionat time,papte/Mcht Collector mast k present jflattrr with a MrIen rmutst for abbitiottaf timt within a reasonable time.setting fortis mr masons t"harm, i " ? -nebt+Colirctor rrca ttsis an extension of tithe mitis goob taust shotun. T,ht attrptabi€iry of ant,such rraursr rttviirb by i kir from 43artr/attit Callttror is conbiromai union approbal by ifUliff -111 Gil rurnt M15 instrunttnt s nor?rrsenttb for asapmmr iotthin a reasonablr periob of time.anb titter has been no rrnutst / for an rxtension of time with Boob Cause sbabin,Daper!Zebt Collector tantip consents anb a i�rtrs Etat�aptt i s"�etit CoLlertar has no bona fibe btrifiablr claim r:hits alftgrb arcount. rte. lWote/Zebt Collector tacitty consents anb agrees Oat zebt Lroitrctor 1ia5 a butss for prrbtating this atiegeb atrount :rem bama n ,fflanrr in anp war,anb that r�tbr Collector contmses inti !, i gz B gmtttt anti!flakrr r strbts tfst right for intrtating a counttrclaim against:Btbt Collator,.mb for€iling li claim against rht$anti of ant)rtsponsibir parry, mdubing Meal Cotlrrtor ant it,prtnripals.sgtnts.assigntts of ids tototlrttor.cohost acts.,i:missinus results to torr Barnagts against , Uated Th 5 ` II l aV :?` .Nb-yera a ?(; + < 1 .................... + S vIIZR. ,,M MOHAMMED Ems,C, . Respondent ,` Maker Ai, ill 7� .,... f .... ..LJJ Witness CJJr ... ku� c sten indorse hefova Prr name and 00 16111 otic when nresentingthis tnstrur ent 16r navin.ent. s� etn= i's,"Ue i M tt iii" 2- h( d tz d . F v +r'1 •i7,•tt)ilt))vinY�rti"r'CS of'!D�tce"-nied ;tate I sued DiversLicense:wt.at'c issued +uenti;icatin is ani : {),ys z)rt � �� � r` .�n""r..>�r,,,nrj .rL'r✓ �,,'r".'W,,,�,1 _ r,,,.J I. �� ! Printed Marne of Indorser rtli^ri a#`Photo Identification �. C cite i V i isle of i orser „ Form 0 ia�ydvntitication Date of Presentment and Indorsement Siywrzature of Indorser w Ri tPrint is f ' +�}2l II1lITtl� f�iI7t Recording Requested by.and + When Recorded Return to " btIZRAfNt t1C?HA ti11#EI} EL - P.O. Box ti)t t EI Cerrito CA 94530 a Respondent's International Administrative Remedy Demand No. Nth11.01I699HI1[A r �.,+,' hz+Y � * �'��saRreri s •rilA� �.'•'" J��r 1 }1 Number : NfML011699HHIA pate Novetriber 25 , 2003 Pay to the Order 0f. c�>Wi11 i a m ' . Pcllacek County Collecx €I 53751, 1 Trlree Tl,,oiusand Sever: hundred Fiyty One 15 00 *** ! This Rstrurnmr is tentiatt tb yv the t 'Lilnbtrsipytslianbznt.MIZRAiM MOHAMMED i:�L .htrzrnaftn'"3ltktt." }? in Boob faith,anb in accorbanrr 1111th tato,AS tnbifftb at Zfee 1-3471, 1-104. 1-201(4)(-11z)(,30).3-103(x)(6)3-104(a)(b) } € anb Public police at $roust 3omt lktsolutton 192 of hunt W, 1933 ,as full satisfaction of a afftgzb btbr tiatmtb anb ailegtbiv Otho in labor of Pavtr hrrtin. I.C. W- Pol la cele Tax Collector ' 3.b.a,a btbt collector,as ptr Paytt`s/aiAtbt Cofiratir's Prestatintat: € I AllelaedCreditor :W 7 I Pol?ecek Tax Collector A; Account Number. U 3—3 16"7 r 0 Aiiezed Amount Due : S 3 7 _<1 -i w � + trot:;nb:nrrztt carr of rcatntm rir is attachrb#nitro,tnahr fu€lr parr,htrtol.anb,rictubrb 4r,tin by rrttrrnct. }a e: srattiurnt constuutes bktr's promist for paring Ills instratnrnt upon prtsrattntnt anb inborstmxitt,at Iflakrr's location. .ss an aptrarion of lata. aper sltht Cotirctor tacitly canstnts anb agrrts that thrrr t5 accorb anb satisfaction by ust ( ct this nrtramtnr for satestraig ptrt's ` rpt Cadrrtor's Haim anb SAL—, is hrrtbp bisrhargrb from liabilup an chts 1 atirgrb account aria tbt abligation is susprnbzb in arsnrbanct ashes faar a5 cobtfitb atacC 3-310(b) ,3-311.anb 3-603. zssf Atoka bots not utatbt ttmttintse. batntorr.,if Pavrt/Mtbt#CaUtrtor nrrbs abbitionat tient.Pivtt/Zrbr Coatttor;mist Y t prtsrnt Atakzr tottfi a VIrtrttn rrpuzst for abaitronal rsmr utttlttn a rtasnnahir tetter,sttttng forth rice r»asan5 aver/ 1,2tbc cattttsor rrqutsrs an rstrttstnn of runt uncti gnoa caust shoran. Thr acctutabilitr of anv such rzmutst rzcrititb Jr �fatitr frntn Pavrt;'i1t,zht Catirrtnr is rnnatttonal upnn apprabal by AT.aktr :in ht rbrnc iters tnstrutntnt is not prestntrb for papmrnt totttim a rra5bnaltl"ptriab of dint,anb hrrr 13x5 aeon nn trun t a�li '- 'wr an c urnsion of;ttnr'.nith Irma-Iiisr shntBn .�3aptr i Ztbt Cnitruar iaiirip constnrs anti agrwrs mat Partt'Drut C,aliruar has no bona-fibz brrifiabir claim rrthts atirgrb acrount. z'erbc Cafltcror tarn;y anstnts anb agrzrs that Ztbt Cottricor has a burn for prrbrnttng this allrgrb arcaunt " ;\ fr=batnaging!flaktr in any tear arta hat ncac catitaor couftssts rubtgintnt anb!ftaktr rrstnts tht right far intriating a rmntrrrfatnt against Ztbi Cotlrttar.anb for filing a Matin against tltr Emit of any rtsponsiblr partr. inrlubinr Mtbt Cslircror anb alt prinrtpals.agrnrs.assignors of Mot Calttuar.tahost acts omissions rrsutts in tort bamagm against 4', t <' + i3 3�WYrr flll Ctrl ,`IR1 #J �1��E �.:.. w547ndnlakd „## y #; itIleSS .1.. . 'w '! e/...... ....�.-......., ...... � ✓ f."_ ...... N f,. - �' » *i%fit#'7t� i'�il `T3ijO1'fiC helow , Print nfl£"i::2r7i,��)t2iCt;;! !;tiC lw'taCri 'i t,`,4:1Etitc CfItS �rltitrar#'7etlt telt cisme^I. � '� y i rt344 'tnt.rit SSSf r tiith ti{?t<1< �' rt ot}i�. the_#n�t}aWiti�. .vi"7e`;t5f 1K :14",WC teC f �� ;tats:-issuc,> Drivt:e; Lii -ise 5.3t.. istiic.>J Iciert:i#iCU[joP W. --i r '�""'('^`tL. `L+ 'rte 3 r=v."' t 1- j� f{t a�zy•`: ,. Lo.� Pr:ntea Name of Indorser , Photo i arm +3I {#(.e.r .ttltGlift)t? i ' #+ Oriciai Title of indorser =orrrJ Offl+,i;at3 Identiffi 101% c j mate o t presentment and indorsement 5is+nature of indorser 1 R,;=,,ht Thumb Print . y ,+ € Recording Requested by.and ;°#?•.7�� When Recorded Return to Al V1iZR,r1M MOH:kMNiED EL - P.O. Sox 1011 El Cerrito CA 94530 Respondent's International Administrative Remedy Demand No. {MMLl111699HFItA .4CXdp: 't'xN.x W',XK iJ11YA YY �'aq'hYf(4{.' '.iy�yy"34rirRY YrLtUL'Nix/4iNlc+YYDYJ160YtM�£.41�i'l�?kgSVR'�. WSNMdvWFM1WdkY61Q61Knw� \� l �{+,yt � ��2n Y." � �'a'5�7w.r ,j'���� '�t"t�vy«svS� t .�n,•n NtN w"s. 'Yti��t yet i ' Number MM1 011699HHI A Date November 28 , 2003 I Pay to the �w Order of: ***wi .i I lam 3 . Pollacek C.C. Count y y / I3525l23 ***Thirteen Thousa td Five I:undred Fifty Two 23 GO *** 2Cfjis nstrtttneiir i5 tmbtrrb by tm eftbersigarb IRMPonbmt, MIZRAIM MOHAMMED EL,hrrrouttrr"Aafter." in oob fault.anb in accorbantt wtM tabu,ars tobitieb at WC 1-301,1-104. anb public polity at lb ust 3omr Solution 192 of aunt 5,1933,as tuff sattsfaction of a alfegtb hehf .limb anb V altegtDly awcb in tabor of parte herein. it. W.J .Pollacek Tax ColleCtOr b.b.a.a befit collector.as ger Vayet`s/Zeht Collector's Presentment Afleried Creditor Wd li.am J. Pollacek Tax Collec.- Alle=ed Account Number : #03-316575 ( 1 '' Aile en Amount Due . $13 , 552 . 23 I -1 trill anb correct rapt of presentment is attathtb btrao mnkr fully part hrrtot.anb tntluDtb#sarin br rr+.r rxmrt.Tits statemtnt constntntts-4Plaber's promise for paying IlytS instrument upon prtsent:ntnr anD tnbarsemenC.of to+tf's location. E S rwhY {' ZIs an operation of lata,paver;jest Collector tacitly consents anb agrees that dnrrr is ateocb anb satisfaction by use at this mstrunntnr for satisfying Partt's 1 Ztbt Collector's claim anb oafttr is htrcbv Dnscitargtb tram liabilirr on this ('r '• =! atltgrb amount anD chr obligation is susptnbeb in accorbantt wab lata as cobifirb at iDCC 3-310(b) .3311.anb 3-6-)Z' . #Etatirr buts not Wattle timrfiius5.IbMtatr,it Pa" Brut Callrttor nabs abbitionat flint. 3ayrr/ rfit Calle for must !s arestnt#£I#thrr with a written rrqutst for abbitionat time wirhtn a reasonable time.sr tmg forrii he reasons 13ai,rt( , t /3f 1 Yt Zebt Colfrcror requests an tarnsion at flim with Boob cause stiown. ir,ir acrPlahilirr of any sur!).rtturst.rrrtzirD uv �•+ yY laltrr`zom 3avrt,/n rhe cottraor i3 conbntionat uvon a pproaal fly#lakrr { 3n dsr rbent tis m5trumrnit is not prmtnttb far payment baitlann a reasonable pmob of ttntr.aab there has been no request for an rstrnston of flint Witty goob cause sfiouin. Dam, Debt Calttaor tarato consents anb agars 11lat Paytt!Debt l '= Catiraor;las no bona-fibr brri€iabir claim rr this atlegtb account j3ayto;Mew CotleaMit or racitty consents anb agrees thar t collector tjas a buts for firrotnting dies allrgtb actaunf from imaging Alakrr in aiiv alai,.anb that Debt Collector confesses iubgmrnt anD#taintr rtsrrbrs die right foc inittattng a munctrriaim against Merit Catboat..inD for filing a cutin against the jsonb of ani,responsible party, inclubing Debt v ! Colttaor anb all princnpafs.agents.assignrrs of tbt Collector,whose acts;'omissions rsuits in tort bamagm against y Dated.: .. .», .......-':; '."..........(....................... ...`....................... M �'�.:�.N/I ,MC tI-L-kIMMED E�'�' . Respondent Maker + > Y= y YYYY x J.S ... :�.:...... �'` .............. VdYltll `J"S ..`.`.`.^".':.......�' '..'. ,...... �. ...... a Authorized heron incfo e ce4tu ° ;nt Warne and«tlic aI lit#e when nr,-.emir=t ibis instrument`i,r-n-mem_ F i (,us�,rhrr�ent-is:;ticu ID��rih �noti�cr<'a h re*aired i.e.i�nl�,the t<ii3<otts`n+t c4•nes c�4 Ir:acee led: 1' �[ te- t"iilett Drivers i.ti-"fi`�� 4ti!,d de-iii:)ca ion Car„}. P-,s or. 3� I Printed 'game of Indorser Form of Photo Identification Oflfic;al 'itie of Indorser Furm� �f i:zl lc�entir�c�tioit ` zz Drte o#'f'reserittn::nt and Indorsement SiY-nature of Indorser f Rinht Thumb Print Recording Requested by,and Y When Recorded Return to; %IIZRAIM MOHAMMED EL - P.O. Box 1011 El Cerrito CA 94530 � k' ' Respondent's International Administrative Remedy Demand No. 11NIL01 1699HHIA ` .L. Lw ,}4cfi�kGYt�lYfiA1' Y��✓iIYiMW:+X51PYi/�rtq{%Lur.Ml(Gli9fNr'S7N/ . ' '+ ,• 4 f ay.+.NW��-'° r .i ...,.+ y'ri�,,,�A�ti��'Y •� � ,� �, •. it � i J VERIFICATION OF TENDER OF PAYMENT and 00 NOTICE OF MESE VATION OF RIGHT FOR INITIATING COUNTERCLAIM and FOR FILING CLAIM AGAINST BOND Respondent's Private International Administrative Remedy Demand, No. MML011699-HHIA Introductory Certification The Undersigned , PATRESE MOHAMMED EL C,hereinafter"Declarant,"does herewith solemnly swear,declare ,and state : 1. Declarant can competently state the matters set forth herewith . 2. Declarant has personal knowledge of the facts stated herein . 3. Declarant has read and signed this Verification of Tender of Payment and Notice of Reservation of Right for initiating Counderclaim Against Band , hereinafter"Tender and Reservation of Right! Plain Statement Of Facts 4. This Tender and Reservation of Rights is not interposed for purpose of delay . 5. This Tender and Reservation of Right does not prejudice William J. PolJacek 'Tax collector in this matter. 6. Declarant does not join in any merits of Presentment of William J. Pollacek Tax collector d.b.a. , a Debt Collector . Verification and Certification 7. The Undersigned Declarant,PATRESE MOHAMMED EL4, i.e. Declarant does herewith swear,declare, and affirm that Declarant executes this Tender and Reservation of Right with sincere intent,that Declarant can competently state the matters set forth herein, that the contents are true ,correct,complete, and certain , not misleading ,and the truth , the whole truth ,and nothing but the truth as per the best of Declarants knowledge and understanding . Further Declarant with naught. Dated November 28, 2003 ` Signed Witness .... °...I . ..................... Witness ............................................................... Respondent's Private International Administrative Remedy Demand No. MML011699-HHIA COLLECTOR DISCLOSURE STATEMEN ws Re"Offer of Performarlcie" on errs contained herein may used by Respor darn,if necessary";in any court of competent jurisdiction. Itespeaa<den#'s Private latematianai Admiaia retire tteene+dy lkimiiiaiil Ne.114M10011699lltfY4, s Debt Collector Disclosure Statement is not a Substitute for nor the equivalent of, the hereinabove-requested ion of the record,i.e.'Confirmation of correctness, trrrfh, or aufhintbly, by affidavk oafh, or deposeion'(Black's Law �. rc6ona„�, Sixth Edition, 1990), re the alleged debt, and mast be completes! in accordance with the Fair Debt Collection """"" practices Act, 15 USC §16928, applicable portions of T'°ttrth in Lending (Regulation Z), 12 CFR 226, and demands as cited above in Offer of Performance. Debt Collector must make all required disclosures clearly and conspicuously in writing re the following: _. t. game of Debt Collector ................................................................................................................................. 2. Address of Debt Collector:.............................................................................................................................. 3. Name of alleged Debtor: ................................................................................................................................ 4. Address of alleged Debtor .............................................................................................................................. 5. Alleged Account Number: ....................................--........................................................................................ 6. Alleged debt owed:3...................................................................................................................................... 7. gate alleged debt became payable: ........................................................................................I.......................... 8. Re this alleged account,what is the name and address-cif the alleged Original Creditor, if different from Debt Collector? 9. Re this alleged account, if Debt Collector is different from alleged Original Creditor,does Debt Collector have a bona fide affidavit of assignment for entering into alleged original contract between alleged Original Creditor and alleged Debtor? YES NO 10. Did Debt Collector purchase this alleged account from the alleged Original Creditor? YES NO NIA(blot Applicable) 11. If applicable,date of purchase of this alleged account from alleged Original Creditor,and purchase amount; Date: ............................................................ Amount: ............................................................................. 12. Did Debt Collector purchase this alleged account from a previous debt collector? YES NO NIA 13. if applicable,date of purchase of this alleged account from previous debt collector,and purchase amount: Date; ......... Amount:$................... ......,................................ 14, Regarding this alleged account,Debt Collector is currently the: (a)Owner;(b)Assignee;(c)Other—explain: .......................................................... ....................... ............... .................................................................................................................................................................. 15. What are the terms of the transfer of rights re this alleged account? ....................................................................... 16. if applicable,transfer of rights re this alleged account was executed by the following method: (a)Assignment;(b)Negotiation;(c) Novation,(d)Other—explain:............................................................................ ...............................................................................................................................I........I................. Respondent's Private international Administrative Remedy Demand Na MML0116"HHtA �dleged'account was by assignment,was Mere consideration? YES NO N/A rye and cause of the consideration cited in#17 above?................... 19. If the transfer of rights re this alleged account was by negotiation,was the alleged account taken for value? YES NO NIA 20. What is the nature and cause of any value cited in#19 above?.............................................................................. 21. if the transfer of rights re this alleged account was by novation,was consent given by alleged Debtor? YES NO NIA 22. What is the nature and cause of any consent cited in#21 above?........................................................................... .................................................................................................................................................................. 23. Has Debt Collector provided alleged Debtor with the requisite verification of the alleged debt as required by the Fair Debt Collection Practices Act? YES NO 24. date said verification cited above in#23 was provided alleged Debtor. .................................................................... 25. Was said verification cited above in#23 in the form of a swam or affirmed oath,affidavit,or deposition? YES NO 26. Verification cited above in#23 was provided alleged Debtor in the form of; OATH AFFIDAVIT DEFOSTION 27. Does Debt Collector have knowledge of any claim(s)ldefense(s)re this alleged account? YES NO 28. What is the nature and cause of any claims)ldefense(s)re this alleged account?....................................................... 29. Was alleged Debtor sold any products/services by Debt Collector? YES NO 30. What is tlhe nature and cause of any pmductslservices cited above in#29?............................................................. 31. Does there exist a verifiable, bona fide, original commercial instrument between Debt Collector and alleged Debtor containing alleged Debtor's bona fide signature? YES NO 32. What is the nature and cause of any verifiable commercial instrument cited above in#31?......................................... 33. Does there exist verifiable evidence of an exchange of a benefit or detriment between Debt Collector and alleged Debtor? YES NO 34. What is the nature and cause of this evidence of an exchange of a benefit or detriment as cited above in#33? 35, Goes any evidence exist of verifiable external act(s)giving the objective semblance of agreement between Debt Collector, and alleged Debtor? YES NO 30. What is the nature and cause of any external act(s)giving the objective semblance of agreement from#35 above? 37. Have any charge-offs been made by any creditor or debt collector regarding this alleged account? YES NO 38. Have any insurance claims been made by any creditor or debt collector regarding this alleged account? YES NO Respondent's Private International Administrative Remedy Demand No. :KML01I6"HHiA been made by any creditor or debt collector regarding this alleged account? YES NO deductions been made by any creditor or debt collector regarding this alleged account? YES NO ave any judgments been obtained by any creditor or debt collector regarding this alleged account? YES NO 42. At the time the alleged original contractwas executed, were all parties apprised of the meaning of the terms and conditions of said alleged original contract? YES N0 43. At the time the alleged original contract was executed,were all parties advised of the importance of consulting a licensed legal professional before executing the alleged contract? YES NO 44. At the time the alleged original contract was executed, were all parties apprised that said alleged contract was a private credit instrument? YES NO Debt Collector's failure, both intentional and otherwise, in completinglanswering points "1" through `44'above and returning this Debt Collector Disclosure Statement, as well as providing Despondent with the requisite verification validating the hereinabove-referenced alleged debt,constitutes Debt Collector's tacit agreement that Debt Collector has no verifiable,lawful, bona fide claim re the hereinabove-referenced alleged account, and that Debt Collector tacitly agrees that Debt Collector waives all claims against Respondent and indemnifies and holds Despondent harmless against any and all costs and fees heretofore and hereafter incurred and related re any and all collection attempts involving the hereinabove-referenced alleged account. Declaration: The Undersigned hereby declares under penalty of perjury of the laws of this State that the statements made in this Debt Collector Disclosure Statement are true and correct in accordance with the Undersigned's best firsthand knowledge and belief. Date Printed name of Signatory Official Title of Signatory Authorized Signature for Debt Collector Debt Collector must timely complete and return this Debt Collector Disclosure Statement, along with all required documents referenced in said Debt Collector Disclosure Statement. Debt Collector's claim will not be considered if any portion of this Debt Collector Disclosure Statement is not completed and timely returned with all required documents, which specifically includes the requisite verification, made in accordance with law and codified in the Fair Debt Collection Practices Act at 15 USG §1692 et ser., and which states in relevant part: 'A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt,' which includes "the false representation of the character, or legal status of any debt," and 'the threat to take any action that cannot legally be taken,* all of which are violations of law. if Debt Collector does not respond as required by law, Debt Collector's claire will not be considered and Debt Collector may be liable for damages for any continued collection efforts, as well as any other injury sustained by Respondent. Please allow thirty(30)days for processing after Respondent's receipt of Debt Collector's response. Respondent's Private International Administrative Remedy Demand No. MML£#t 16"HHIA AFFIDAVIT OF MAILING ate of California ) County of Centra Costa } I am over 18 years of age and not a party to the within action ; my business address is r pY� ,Q5 D. % 5' Carl4, s 84 .6. n )v W C-; .� On the : _ , I mailed one copy of the following NOTICE BY WRITTEN COMMUNICATION / SECURITY AGREEMENT dated 17 pages mailed herewith , including all attachments (not including this affidavit ofmailing) by United States Post Office Registered Mail , Article No. , Restricted Delivery , Return Receipt requested , in a sealed envelope with F postage pre-paid , properly addressed to as follows : I P-ami s;cart Nn+-P4c Copy Of Prsqentmant anti othpr attachments State of catiflonu'a ccwnty of Goats Coed IL Lr-P-10— Sod . 8111tH Ndswurzt wu(c18►nrr w _y ..� 1323798 w�$my 3aat ffib �` ` lL CALiF4 fltA a�j flct,S. I declare under penalty of perjury under the laws of the State Of Califo 'that t1w above is true correct and complete , and that this Affidavit of Service was executed on : at Richmond , C 'fornia. $clue. William J.Pollacek l ;, t ° County Treasurer-Tax Collector Russell V.Watts Chief Deputy Treasurer-Tan N bCollector t_ � > x ' ,r Joslyn Mitchell w Tax Operations Supervisor Ln � r } I > 0 Amount$: 20,013.79 C/) heck No: NONE heck Date: :scrow# ,b 28/03 n the above referenced account has been paid. �ilment payments made after April 10. .i Contra Costa County or the State. ` der from the liability to pay taxes owed, nor does it Cj r fixation Code, section 261/21/0110.5). LP ' ember, property location and owner name. After due date. r taxes. A pz,ment plan�::ay be initiated on prier year :ling timely tax payment, be responsible for proper se penalties if payment is late as the result of improper three Promissory Notes included. We are le made by United States Dollars, certified funds, t-es are unacceptable. Thank you. t 72 you, MB Russell V. Watts Chief deputy Treasurer-Tax Collector •-^rte."'-�'f `W. .++'� } � v 1 yr'� 2. r-'i`aX Collector's Contra William J. Pollacek art St" " t 1 'L. Costa County Treasurer-Tax Collector nonce Building, Room 700 Russell V.Watts ` .C). BOX 637 County Chief Deputy Treasurer-Tax .% Martinez, California 94553-0063 Collector(925)546-47220 ot (925)957-2898 FAX P ' / -l' Joslyn Mitchell Tax operations Supervisor EL, MIZRAIM MOHAMMED �`7 P O BOX 1011 EL CERRITO, CA 94530 Date: 12/2/03 Amount$: 20,013.79 Parcel 549-191-005. 549-071-025, Check No: NONE 549-071-024 Prior Year 4 Check Date: Tax Year: 2003-2004 Escrow* Dear TAXPAYER: The following responds to the above subject matter: XXX Rea-arding Your LETTER OF 11/2$/03 The IS' installment of secured property taxes on the above referenced account has been paid. Check is for an incorrect amount. The 10%penalty is not included--due on first installment payments made after April 10. Taxpayer has history of ownership of real property in Contra Costa County or the State. Failure to receive a tax bill does not relieve the owner from the liability to pay taxes owed. nor does it relieve the imposition of penalties (Revenue and Taxation Code, section 261/21/0110.5). Unable to identify payment. Please provide parcel number, property location and owner name. Envelope officially postmarked: After due date. Check does not belong to Contra Costa County. Partial payments are not accepted or.current year to es. A payment plan Mlay be initiated on prior year delinquent taxes and after July 1s`current taxes. California law requires that the taxpayer, when mailing timely tax payment, be responsible for proper address with postage prepaid; and does not excuse penalties if payment is late as the result of improper address. XXX We have received vour letter dated 1.1/28/03 with three Promissory Nates included. We are returning them all. Payment of taxes may only be made by United States Dollars certified funds. personal check, or credit card. Promissory notes are unacceptable Thank you Thank you, 44d mW 5 MB Russell V. Watts Chief Deputy Treasurer-Tax Collector C/1% VERIFICATION REPORT DL/ TIME : 12/05/2003 10: 26 r N NAME : STAPLES FAX : 15102310264 TEL 5102310294 %low C, te; ' 12/05 10:24 1 19259572898 ? _ } 00:01:25 ®; t 03 o: o FINE ir ECM ru 0 ��� � J ri Complimenta.ry FdOftx Covwo% r Sheet 1 * To. Tft 4D u t� From: Fax# (Y)s`,) clS`7- 2,956 Phone # Date.* a Urgent. o Confidential o Confirm Receipt Number of Pages: Reply Fax #: (including Cover) Message: Staples Copy Centers also offers these additional services: High Speed Slack and White Copying Digital Color Convenient Self-Serve Copiers Binding Services Laminating Services Custom Stamps& Engraving Custom Printing Custom Checks &Forms Personalized Calendars Online Copying: From your Desktop PC to your Ship doorstep In as little as two hours€ Your UPS AuthorizedSh€ fPPn#outlet For details see us at: http://staptes.nowdocs.com = m x To: Russel V. Watts From: Mizraim Mohammed E/UCC1-207 Date: Friday 12-05-03 Re: Payment of Taxes, Paid on November 28, 2003 am in receipt of your Letter on 12-02-03 . Regardless of the fact that you returned the Maker's Promissory Notes.., this action you took does not mar the fact that the Alleged Debt of $20,013.79 HAS BEEN DISTINGUISHED(paid) . According to the Uniform Commercial Code Section 3-104 , a Certified Promissory Note Fulfills she legal Definition of a negotiable instrument and discharges any alleged debt, if said alleged debt is verified and or validated . In the "Payment-in-full-Pack" Maker sent you on 11-28-03 was a 40 question DEBT COLLECTOR DISCLOSURE STATEMENT to which you must complete to VERIFY OR VALIDATE that this debt of$20.013.79 is real . This must be done according to 1 -Fair Debt Collection Practices Act , 15 USC 1692g 2-Code of Federal Regulations 225 3-The Privacy Act of 1974 amended in 12 USC 3401 4-Right to Financial Privacy Act of 1978 amended in 5 USC 552a 5-Third Party Summons Act, special procedures,25 USC 7609 Might I also remind you that according to(Tompson v. State , 90 Tex. Cr. R. 125, 234 S. W.406, 4081 a United Stag Cho lar is a unit coined in both gold and silver and is the value of one hundred cents. Because of HJR 192 June 5, 1933(Public Policy) no person is allowed to pay debt in gold or silver. This Resolution is still in tact and according to that resolution the Creditor cannot demand a particular kind of coin or currency to pay the debt. Maker is not in argument with the amount of the alleged debt. Maker is willing to pay the alleged debt. The tax collector wants FEDERAL RESERVE NOTES FOR THE PAYMENT OF THE ALLEGED DEBT OF$20,013,79 . The maker does not have FRN's enough to pay that debt l Maker LAWFULLY paid the mentioned alleged debt with that which is equal to the Federal Reserve Note which is a Certified Promissory Note.THE ALLEGED DEBT WAS PAIR BY THOSE 3 NOTES ON 11-28-03. Maker want's to know that by Creditors action (Tax Collector)do you Accept this offer or Reject this offer or Object regarding the mode of this Offer Tax Colfector's letter did not make this clear. Please send me a plain and simple answer in the mail with in 10 days . {*.`e+'!".i"�t '^"'�`" ,x"•t`•' :""'?}:` '-;'•""'" �'""' William J.Pollaeek ector's Contra County Treasurer-Tax Collector .nSUrt Strut tftsta Russell V.Watts Finance Building, Room 100 Deputy Treasurer-Tax Collector P. 0. Box 631 County Joslyn Mitchell Martinez,California 94553-0063 Tax Operations Supervisor (925)646-4122 (925)957-2898 FAX ,�► Tax J.Loop Tax Systems Business Manager El, Mizraim Mohammed December 8, 2003 PO Box 1011 El Cerrito, CA 94530 Re. 11!28103 Letter concerning 2003-2004 1St Installment with Promissory Nates for APN's 549- 191-005, 549-071-025 and 549-071-024. Dear Mr. El: The authority you cite in your letter is not applicable to the payment of property taxes. California property, taxes are payable only in the legal mediums specified in Revenue and Taxation Cade Secs. 2501 et. seq. A promissory note, regardless of whether denominated "certified", is not an acceptable medium of payment. Please be advised that failure to timely pay the full amount due, in a lawful medium of payment, will result in substantial financial penalties as provided by lay. Moreover, your property may be sold to pay taxes, if delinquent for the specified statutory time. Sincerely, Russell Watts Chief Deputy TRANSMISSION VERIFICATION REPORT TIME : 12%1112003 12. 1' NAME STAPLES FAX 15102310264 TEL 5102310264 -m t 12/11 12:12 "Is E 19259572898 LLr �1tt� 00*00:36 J,` 02 `'!i`T STT 'ANDARL *41: ECM Av Comp1ime1*4%1ta&ftry Fax Cover e^t .i. ' ITM..........To: From: i { i i Fax j�ix Dates: Urgent ❑ Confident'tial Confirm Receipt Reply Fax me -• :>""•. t x S From : Alleged Debtor Mizraim Mohammed El To : Russell Watts Chief Deputy Alleged Creditor Treasurer -Tax Collector Subject : Your Letter of December 8, 2003 Today's Date : 12-11-03 1 am in receipt of your letter and 1 still do not have an answer to my question I directed to you in my Memo - sent and faxed r to you dated 12-08-03. 1 ask this question for the final time : Do you Accept my offer , or , reject my offer , or Object regarding the mode of my Offer . If you are in the business of collecting a debt according to the UNITED STATES CGDE you must answer either of the three questions when an alleged debtor disputes the debt or any portion thereof . I sent Mr. Pollacek a 42 questionnaire for Creditors (collectors) that someone in your office must address before "Debtor in disputes' of alleged debt is forced to pay the alleged debt according to Law. I remind you that I did not receive papers associated with the returned p. notes . What ha2e�ned_ to them...? As far as what you state in your letter about California is not valid . California does not have it's own currency.., If it did It would not be apart of the Union . According to HJR 192 Promissory Notes (FrNss and Cather Forms of Notes) are for scall debts Public Or Private's I have settled the alleged debt . I am lawful . You are discriminating against my mode of payment and refuse to take my acceptance. You and your Office are denying me of my American rights and Immunities and are against Public Policy of the United States. Your letter is sending a clear and present threat to me and the property . I am faxing you this letter only . Peace ? Oct 14 03 06: 16p p. 6 SILENCE F A.UL CLE. AMLP3 FMUC!PJNE The Clearfsdd Doctrine(ref.Clearfield Trust Comoanv v. U.-. 318 US 363(1943) was eloquently expressed as follows. Governments descend to the level of a mtrt corporation and t ike on the character of private citizen(where private corporate commercial pipe I se.uritiesl arc concerned)...For purposes of suit,such corporations and int vitdrmis are regarded as an entity entirely separate from the governmenV1 Bark of U.S,v. Planters Bank[Wheaton(22 US)9041; 6 L. -4 24. Also,"When governments enter the world of commerce,the, are subject to the some burdens as any private rwmr or corporation." United States V.Burr 309 U.S.242 ":Silence can-onlymasted rtrud when there ac a legal+ r.►r*'duty to spe�rJc or when an inquiry left'unrunssver d w+a1d he iertentioeea&nti at�nl.� The Continued silence,by any failure to deny by the"s+ervia ' ar orngly suggests the validity of my claim of NOT being out subject to foam W4 v tb h nld ng,It would seem most appropriate for your counsel to review their erron cxcs position. Silence can only be equaled with fraud where there is a leg: or moral duty to speak or where air inquiry left unanswered would be intentio stilt' misleading". ... We cannot condone this shocking conduct by the IRS.Our r Mime system is based on the good fault of the taxpayers and the taxpayers should l :a b(e to expect the same from the government in its enforcement and collection ttivities.During oral argument counsel for the government stated that these procc ure►were"routine." If that is the case,we hope our message is clear.This sort craft: -a-Rion will not be tolerated and if this is the"routine,"it should be corrected it tnettiately. U.S.Y.Twed,550 F 2d 297,299-300 f29M Rpr 14 03 05: 14p James Tolbert 323 938-4490 P. 8 Public Policy HJR-192 JOINT RESOW TION TO SUSPEND THE GOLD STANDARD AND ABROGATE THE GOLD CLAUSE,JUNE 5,1933 H.J.Res.192,73'd Gong., I'Session Joint resolution to assure uniform value to the coins and currencies of the:United States. Whereas the holding of or dealing in gold affect the public interest,and therefore subject to proper regulation and restriction; and Whereas the existing emergency has disclosed that provisions of obligations which purport to give the obligee a right to rewire payment in gold or a particular kind of coin currency o the United States,or in an amount of money of the United States measured thereby,obstruct the power of the Congress to regulate the value of money of the United States,and are inconsistent with the declared policy of the Congress to maintain at all times the equal power of every dollar, coined or issued by the United States,in the markets and in the payment of debts.Now,therefore,be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,That(a)-p=vgr,�y provision ct€, � �s�ntainecl is or made with EMpect to any obligation which mMqrts to give-the obfjpte a ri ht tore mire xvxneut in,gold ora,p&rficular kind of coin or Surrency,or in an amount in money of the United States mgMured thereb is declared to be a inst Public Policy and no such rovision shall be tongingd in ore.with # an obi ati on hereafter incurred.Every-o a n ergtafere or hgM#t r incurred whether or not any such provisions is contain tlr in or uta a with res t ereto shall be discb ed unon oavmen!6 doftr_-for-dollar.in anp such coin or currency which at the time of payment is legal tender for the public and private debts.Any such provision contained in any law authorizing obligations to be issued by or under authority of the United States,is hereby repealed,but the repeal of any such provision shall not invalidate any other prevision or authority contained in such law. (b)As used in this resolution,the term"obligation"means and obligation means and obligation(including every obligation of and to the United States,excepting currency) sayable in man of the United States;and tete term "coin or currency" means coin or currency of the United States,keludinpecleral Reserve notes and circulating motes of Federal Reserve banks and national banking associations. SEC:. 2.The last sentence of paragraph (1)of subsection (b)of section 43 of the Act entitled An Act to relieve the existing national economic emergency by increasing agricultural purchasing power,to raise revenue for extraordinary expenses incurred by reason of such emergency,to provide emergency relief to agricultural Public policy HJR-1 c0.2 JOINT RF-SOLUTION TO SUSPEND THE GOLD STANDARD AND ABROGATE THE GOLD CLAUSE, JUNE 5, 1933 H.J. Res. 192, 73rd Cong., 1st Session Joint resolution to assure uniform value to the coins and currencies of the United States. Whereas the holdinc; of or dealing in gold effect >he public interest, and therefore, subject to proper regulation and restriction; and Whereas the existing emergency has disclosed that provisions of obligations which purport to give the obligee a right to require payrrient in gold or a particular kind of coin or currency of the United States, or in an amount of money of the United States measured thereby, obstruct the power of the Congress to regulate the value of money of the United States, and are ;i,tcons istent with the declared policy of the Congress to maintain at all times the equa! power of every dollar, coined or issued by the United States, in the markets and in tt he payment of debts. Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) every provision contained in or made with res ect to any cblioation which purports to give the oblioee a right to re alta Qayment in c 1gld or a articular kind of coin or current or in an amount in money of the United States measured thereby, is declared to be against Public Policv: and no such orovision shall be containedin or made wit! respect to any obligation hereafter incurred. --E, very obligation, heretofore or hr:re=after incurred whether car not any such oravisions is contained therein or made with respect thereto. shall be disch r duan avm nt dollar for dollar in any such coin or currency which at the time of payment is legal tender for public and private aects. Any such provision contained in any law authorizing obligations to b6 issued by or under authority of the United States, is hereby repealed, but the repeal of any such provision shall not invalidate any other provision or authority contained in such law. (b) As used in this resolution, the term "obligation" means an obligation (including every obligation of and to the United States, excepting currency) oavable in money of the United States; and the term "coin or currency" means coin or currency of the United States. including Federal ReseLe notes and circulating notes-of Federal Reserve banks and national banking associations, SEC, 2. The last sentence of paragraph (1) of subsection (b) of section 43 of the Act entitled " An Act to relieve the existing national economic emergency by increasing agricultural purchasing power, to raise revenue for extraordinary expenses incurred by reason of such emergency, to provide emergency relief with respect to agricultural