HomeMy WebLinkAboutMINUTES - 04202004 - C19 CLAIM f<
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY
BOARD ACTION: APRIL 20, 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: $500,000.00
CLAIMANT: KAREN CRAIG AND RUT 4_NNE SHI'INER
ATTORNEY: ROBERT G. SCHOCK DATE RECEIVED: MARCH 09, 2004
ADDRESS: LAW OFFICE OF ROBERT G. SCHOCK BY DELIVERY TO C.LER .ON:MARCH 09, 2004
1970 BROAD-WAY, SUITE 1200
OAKLAND, CA 94612 BY MAIL POSTMARKED: MARCH 08, 2004
FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
MARCH 09 2004 JOHN SWEE
Dated. T NBy: Deputy
II. MOM: 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:
.Dated:
`�`� -� By: `°�-''�� �`� '� }s '�-- Deputy County Counse
III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator(2)
( ) Claim was returned as untimely with notice to claimant(Section 911.3). .
IV. OARD 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.
e
Dated: r; 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 deposite�
in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an
attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so
immediately. *For Additional Warning See Reverse Side of This Notice.
AFFIDAVIT OF MAILING
I declare under penalty of perjury that I am now, and at all times herein mentioned,have been a citizen of the United
States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California,postage fully
prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above.
a
Dated: JOHN SWEETEN, CLERK By Deputy Clerk
CLAIM
To: Contra Costa County r � f
Board of Supervisors-Clerkf.,
651 Pine Street,Rm 106
Martinez, CA 94553 `� �'
Office of the County Counsel
Contra Costa County
Administration Building t q� 920
651 Pine Street, 9`"Floor � �
Martinez, CA 94553-1229
Claimant(s): Karen Craig Ruthanne Shpiner
724 Peralta Avenue 639 Norvell Street
Berkeley, CA 94707 El Cerrito, CA 94530
Send Notices To: Robert G. Schock
Law Office of Robert G. Schock
1970 Broadway, Suite 1200
Oakland, CA 94612
Tel• (510) 839-7722
Fax: (510) 839-7752
Date of Injury: On or about September 2003 within six(6)months of this
claim being made and subsequent dates.
Place: Colusa Avenue, Kensington, CA, County of Contra Costa
Please see pictures attached. The locations are marked as
follows:
1. 426 Colusa Ave. - Sidewalk upheaval, unable to access.
2. Northeast corner of Colusa Ave. and Ocean View-No curb
cut within crosswalk lines.
3. Southeast corner of Colusa Ave. and Ocean View-No curb
cut within crossing lines.
4. Colusa Ave. and Ocean View -No curb cut.
5. Southwest corner of Colusa Ave. and Ocean View- Large
crack in side walk.
6. 141 Santa Fe crosswalk at Colusa Ave.-No curb cut and
drive way on north not accessible.
7. Northeast corner of Colusa Ave. and Valley Rd..-No curb
cut.
8. Southeast corner of Colusa Ave. and Valley Rd...-No curb
cut. Forced onto street from Valley View on Colusa Ave.
1
through Fairmont on west side of street. No side walk access
at all. Drive way accesses not accessible.
9. Close up Valley Rd. and Colusa Ave. -No curb cut.
10. Southeast corner of Valley Rd. and Colusa Ave. -No curb
cut.
11. Sidewalk upheaval due to Redwood tree at 200 Curry
(west side).
12. Sarre as #11.
13. Northwest corner of Curry and Colusa Ave. -No curb cut.
14. Northeast comer of Curry and Colusa Ave. -No curb cut.
15. Northwest corner of Curry and Colusa Ave. crosswalks-
No curb cuts.
16. Northwest corner of Curry and Colusa Ave.-View from
south.
17. Ruthanne forced onto street. No sidewalk access on east
side of Colusa Ave.
18. Ruthanne forced around truck into traffic. No sidewalk
east of Colusa Ave.
19. Ruthanne at driveway entrance to Sunset Cemetery on east
side of Colusa Ave.-No cub cuts at either side walk.
20. No curb cuts to sidewalk at Cemetery back entrance.
21. Same as 420.
22. East side of 300 block of Colusa Ave.- Sidwalk too steep.
Karen skidded down into bushes.
23. Ruthanne still in street, still can't get to sidewalk.
24. Ruthanne still in street, no side walk access.
25. Karen arrives at Colusa Ave. and St. Jerome's School
entrance-No curb cut to street.
26. Ruthanne crossing street at school entrance-no curb cut to
sidewalk.
27. and 28. From stop sign on Colusa Ave. up to where pic
ture is taken, Karen had to detour to find entrance to street due
to no curb cut from#25.
29. Driveway access at top of hill. Notice stop sign way in
distance down Colusa Ave.
30. Karen crossing street to get to sidewalk on south side of
street. Notice no curb cut, no access to opposite side of street.
31. South side of street-Notice no curb cut, no access to
opposite side of street.
32. and 33. After being lifted onto sidewalk this shows distance
traveled to get back to Colusa Ave.
34. Ruthanne still in street as she approaches Fairmont and
Colusa Ave. where there is finally a curb out.
2
Circumstances: 4n or about late September 2003 the defective and dangerous
condition of the subject property caused claimants to have to
wheel chair themselves on the streets of Colusa Avenue,
Kensington, CA, County of Contra Costa. As they entered
Colusa Avenue in.Kensington the sidewalks were not accessi-
ble, there were no curb cuts, sidewalks were terribly broken up,
cracked, uplifted, or filled with lumpy asphalt. Claimants
could not traverse the sidewalk because they could not wheel
themselves down or up from the ramps and had to use the stre-
et which was not safe.
The streets and ramps were inadequate for someone in a wheel
chair and resulted in the negligence and carelessness of the
County of Contra Costa, its employees and agents in not only
creating the dangerous and defective condition but also in
knowing of the dangerous and defective condition for a
sufficient amount of time prior to this incident to have taken
steps to alleviate the dangerous and defective condition. The
areas where the injury and violations occurred were also in vio-
lation of both Federal and State disability access laws because
they did not provide proper access or accommodation to the
disabled.
Parties Causing County of Contra Costa,their employees and agents as well as
Damage: other individuals not associated with the County of Contra
Costa,
Damages: Violation of Civil Rights and emotional distress. Five hundred
thousand dollars ($500,000.00) and other damages according
to proof, including attorneys fees,punitive damages, injunctive
relief, and interest as provided by law as well as costs of suit.
DATED: March 5 12004
1
ROBERT G. SCHOCK
Attorney for Claimants
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CLAIM
BOARD
OF UPERVISORS OF CONTRA COSTA C LINTY 17
BOARD ACTION: APRIL 20, 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), giver
Pursuant to Government Code Section 913 and
915.4, Please note all"Warnings".
AMOUNT: $981.17
CLAIMANT; KEVIN J. BASS
ATTORNEY: UNKNOV N DATE RECEIVED: MARCH 10, 2004
ADDRESS: 4885 KNOLLCREST DRIVE BY DELIVERY TO CLERK ON: MARCH 10, 2004
ANTIOCH, CA 94531-7616
BY MAIL POSTMARKED: MARCH 09, 2004
FROM; Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
MARCH 10, 200 JOHN S WEET,EN k
Dated: By: Deputy
II. MOKF County Counsel.. TO: Clerk of the Board of Supervisors a
{ ),,,T-his claim complies substantially with Sections 910 and 910.2,
4
( } This Claim PAILS 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 tiled late and send warning of
claimant's right to apply for leave to present a late claim(Section 911.3).
( ) Other:
DatedBy. "� Deputy County Counsel
IIT. 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 1r �fZ JOHN SWEETEN,CLERK,By , Deputy Clerk
If 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 court action on this claim. See Government Code Section 945,6. You may seep 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:, !4!!� JOHN SWEETEN, CLERK ByT3eputy Clerk
Claim to: BOARD OF SUPERVISORS OF CONTRA COSTA CAtJN`T"Y
1K5'T'Rt3CrIONS TG) CLAIN'AT
A. Claimer 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, 1957,
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,
1985, must be presented not later than six months after the accrual of the cause
of action. Claims relating to any other cause of action must be presented not
later than one year after the accrual. of the cause of action. (Govt. Crede §911.2.)
B. Claims must be filed with the Clerk of the Board of Supervisors at its off ice in
Room 1035, County Administration Building, 551. Pine Street, Martinez, CA 94553»
C. If -lain is sgairs. a district governed by the Boax-d 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 oust be
filed against each public entity.
E. ' Fraud. Sea penalty for fraudulent claims, Penal., Code Sec. 72 at the end of this
form.
RE: Claim By } Reserved for Clerk's filing stamp
C-
El ED
Against the Gouty of Contra Costa } 04
or ) ryCLE
JIJ:'C:
District) S s
F111 7 MM; }
The undersigned claimant hereby makes claim against the unty of Contra Costa or
the above-named District in the sum of $ and in support of
this claim represents as follows:
1. When did the damage or injury occur? (Clive exact date and hour)
e
2. Where did the die or injury occur? (Include city and county)
3. Flaw did the damage or injury occur? (G=ive full details: use extra paper if
!Fee Oki
�+ , 'Jl
7
4. What particular act or emission on the part of county or districtoffice s,
servants or.employees edth in.Jury or .Z7co-- .
2 -S7649
6TrC �t � � �
7. Wnat are the names of county or district officers, servants or employees causing
the damage or injury?
5» What damage or injuries do you claim resulted? (Give full extent of injuries or
damages claimed. Attach two estimates foruto damage.
Ire
7. How was the amount claimed above computed? (Include the estimated amount of aw'^,y_
prospective injury or damage.)
» Names and addresses of witnesses, doctors and hospitals.
9. List the expenditures you made on account of this accident or injury:
DATE .ITEM AMCJL'�vtT
Gov. Code Sec. 910:2 provides:
"The claim must be signed by the claimant
SEND NOTICES T0: (Attorney) or by some erso on h behalf."
Name and Address of Attorney
(Claimant Is Signa
4�h. Adl7ss)
Telephone No. Telephone No O�C �
�€ T IF IF I I V 9 1 IF W Wg �€
NOTICE
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, .car to an'y county, city, or district board or
officer, authorized, to allow or pay the sage if:genuine, any false or fraudulent
claim, bill, account, voucher, or writing, is punishable either by imprisonment in
the county jail far a period of not more than one year, by a fine of not exceeding
one thousand ($1,000), or by bath such imprisonment and fine;- or by imprisonment in
the state prison, by a fine of not exceeding ten thousand dollars ($21.0,000, or by
both such imprisonment and fine.
(925)933-2109 FAX(925)933-0015,
T Date: 31812004 02:13 PM
Estimate ID: 529
1t
� 1t Estimate Version: 0
Arn's Calif.. IN) UCJY.-* 1VC* Preliminary
EST 1062
Profile ID: Mitchell
bilijabopacbeltnat /+�
Bill Gilmore ;naoN.MAIN``STREET if. Auto Body, Inc.
Estimator WALNUT CREEK,CA 94596
Main Street Walnut Creek,CA 94596
......... _...._. (925)933-2109
Fax: (925)933-8015
Tax ID: 94-2227228 BAR#: AF 178743 EPA#: CAD 13225
Damage Assessed By: Bill Gilmore
Condition Code: Excellent
Deductible: UNKNOWN
Owner KEVIN BASS
Address: 4885 KNOLL CREST DR.ANTIOCH,CA 94531
Telephone: Work Phone: (925)943-8357 Home Phone: (925)753-5855
Mitchell Service: 915495
Description: 2001 Chevrolet Pickup Silverado C1500 LT
Body Style: 4D PkupXCb 6'Bed 143"WB Drive Train: 5.31-Inj 8 Cyl 2WD
VIN: 2GCEC19TX11265708
Mileage: 61,120
OEM/ALT: O Search Code: None
Color: BLACK
Options: ALUM/ALLOY WHEELS,AIR CONDITIONING,POWER WINDOWS,POWER DOOR LOCKS
CRUISE CONTROL,AUTOMATIC TRANSMISSION,AM-FM STEREO/CDPLAYER(SINGLE)
Line Entry Labor Line Item Part Type/ Dollar Labor
Item Number Type Operation Description Part Number Amount Units
1 501256 REF BLEND L FRT DOOR OUTSIDE C 1.0
2 504892 BOY REMOVE/INSTALL L FRT OTR BELT MOULDING 0.2 #
3 501298 BOY REMOVE/INSTALL L FRT DOOR MIRROR 0.3
4 501284 BOY REMOVE/REPLACE L FRT DOOR ADHESIVE MOULDING ORDER FROM DEALER 32.24 0.2
5 504053 BDY REMOVE/REPLACE L FRT DOOR DECAL 15733703 GM PART 6.92 0.2
6 502181 BOY REMOVE/INSTALL L FRT DOOR HANDLE 0.7 #
7 502070 BOY REPAIR L REAR DOOR SHELL Existing 1.5*#
8 AUTO REF REFINISH L REAR DOOR OUTSIDE C 2.0
9 502071 BOY REMOVE/REPLACE L REAR DOOR ADHESIVE MOULDING 15745223 GM PART 29.00 0.2
10 502154 BOY REMOVERNSTALL L REAR DOOR TRIM PANEL 0.4
11 502153 GLS REMOVE/INSTALL L REAR DOOR MOVEABLE GLASS 1.8 #
12 936012 ADD'L COST HAZARDOUS WASTE DISPOSAL 5.00*
13 AUTO REF ADD'L OPR CLEAR COAT 1.1
14 933003 REF ADD'L OPR TINT COLOR 0.5*
15 933005 BOY ADD'L OPR RESTORE CORROSION PROTECTION 10.00* 0.2*
16 933018 REF ADD'L OPR MASK FOR OVERSPRAY 8.00* 0.2*
17 AUTO ADD'L COST PAINT/MATERIALS 138.00*
* -Judgement Item
#- Labor Nate Applies
C - Included in Clear Coat Calc
ESTIMATE RECALL NUMBER: 3/8/2004 14:12:58 529
UltraMate is a Trademark of Mitchell International
Mitchell Data Version: FEB_04_A Copyright(C)1994-2003 Mitchell International Page 1 of 2
UltraMate Version: 5.0.021 All Rights Reserved
Date: 31812004 02:13 PM
Estimate ID: 529
Estimate Version: 0
Preliminary
Profile€D: Mitchell
Add`I
Labor Sublet
Labor Subtotals Units Rate Amount Amount Totals 11. Part Replacement Summary Amount
Body - 3.9 70.00 10.00 0.00 T283.00 Taxable Parts 68.16
Refinish 4.8 70,00 8.00 0.00 344.00 Sales Tax a{._1 8.250% 5.62
Glass 1.8 70.00 0.00 0.00 126.00
Total Replacement Parts Amount 73.78
Non-Taxable Labor 753.00
Labor Summary 10.5 753.00
bil, Additional Costs Amount IV. Adjustments Amount
Taxable Costs 138.00 Customer Responsibility 0.00
Sales Tax @ 8.250% 11.39
Non-Taxable Costs 5.00
Total Additional Costs 154.39
1. Total Labor: 753.00
II. Total Replacement Parts: 73.78
Ill. Total Additional Costs: 154.39
Gross Total: 981.17
€V. Total Adjustments: 0.00
Net Total: 981.17
This is a-preliminary estimate.
Additional changes to the estimate may be required for the actual repair.
Repairs Authorized By:
------- VISA - MASTER CARL) - ATM FOR DEDUCTIBLE ACCEPTED -n_____-
Due to many unforseen circumstances in the repairing of automobiles,
we regret that we can only estimate, not promise a completion date
and time of delivery.
As a consumer alert Mitchell International has inserted the following
air bag deployment warning on all estimates written in Ultramate.
ESTIMATE RECALL NUMBER: 3181200414:12:58 529
UltraMate is a Trademark of Mitchell International
Mitchell Data Version: FEB_04 A Copyright(C)1994-2003 Mitchell international Page 2 of 2
UltraMate Version: 5.0.021 w All Rights Reserved
CLAIM
r
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY
BOARD ACTION: APRIL 20, 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: $500.00
CLAIMANT: BARBARA WASHBURN
ATTORNEY: UN KNOWN DATE RECEIVED: MARCH 10, 2004
ADDRESS: 1.6711 MARSH CREEK ROAD #119 BY DELIVERY TO C.[,ERK.ON: MARCH 10, 2004
CLAYTON, CA 94517
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 SWE E lerk
Dated _ MARCH 10, 2004 By: Deputy
II. TTO—M: County Counsel. TO: Cleric of the Beard of Supetvisors
( }` This claim complies substantially with Sections 910 and 910.2.
i
( ) This Claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The
Board cannot act for 15 days(Section 910.8).
( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of
claimant's right to apply for leave to present a late claim (Section 911.3).
{ } Other:
� x's
Dated: By:` d asDeputy County Counse
III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator(2)
{ ) Claim was returned as untimely with notice to claimant(Section 911.3).
IV. OARD ORDER: By unanimous vote of the Supervisors present:
{of 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: ac" _-Q0-V,0/'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 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.
AFFIDA'V'IT 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.
D
Dated:A&/Z.SP14JOHN SWEETEN, CLERK By Deputy Clerk
Claim to: BOARD OF ,VISORS OF CONTRA COSTA COUNTY
ACTIONS TO CL AIMAM
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 crops and which accrue on or after January 1,
1988, must be presented not later than six months after the accrual of the cause
of action. Claims relating to any other cause of action roust be presented not
later than one year after the accrual of the cause of action. (Govt. Code 6911.2.)
B. Claims mist 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. gaud. See penalty for fraudulent claims, Penal Code Sec. 72 at the end of this
form.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
RE: Claim By } Reserved for Clerk's filing stamp
) RECEIV FED
Against the County of Comtra CSita )
or ) MAR 1 0 2004
11 in name District} CLE—RKaQARD OF§UPEPOSORS
CONTRA COSTA CO.
The undersigned claimant hereby makes claim against the County of Contra. Costa or
the above-named District in the sum of $ tsCand in support of
this claire represents as follows:
m
1. When didthedamage or injury occur? (Give exact date and hour)
2. Where did the damage or injury occur? (Include city and county)
7 b111-1 ! rAZ L24 J {s
3. How did the damage or injury oocur3 (Give filli details; use extra paper if
requir�d)x `
F d4-0
4® What particular act or mission on the part of county or district officers,
servants or employees caused the injury o ?
r
!�o Na X ,�i I r5, <1 yi
.. s (over) ✓
A 3� 3e £��f
5. +What are the names of county or district officers, servants or employees causing
the damage or injury?
6. What damage or injuries do you claim resulted? (Give 1 extent of injuries or
damages claimed. Attach two estimates for auto damage. `, cs
led
7.
How s the amount claimed above computed? (Include the estimated amount of any
prospective injury or damage.)
Names
$, and addsses of witnesses, doctors andF,hospitals
t c y r
9. List the expenditures you made on account of this accident or injury:
DATE # FEM AMOUNT
jAaEr' 31
ter:`
Gov. Cade Sec, 910.2 provides:
"The claim must be signed by the claimant
SEND NOTICES TO: (Attorney) or-bv some person on his behalf."
name and Address of Attorney
la 'sSignature)
p Ad ss yy
F
Telephone No. Telephol= No. %2 r' `
* * * * * * * * * * * * * * 'V 9 '
NOTICE
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.,004), or by bath such imprisonment and fine, or by imprisonwent in
the state prison, by a fine of not exceeding ten thousand dollars (,$10,400, or by
math such imprisonment and fine.
CLAIMj'
BOA" OF SUPERVISORS F CONTRA COSTA COUNTY
BQARD ACTION,_ APRIL 20, 2004
Claim Against the County, or District Governed by }
the Board of Supervisors,Routing Endorsements, ) NOTICE TO CLAIMANT
and Beard 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: IN EXCESS OF $165,000.00
CLAIMANT: BARBARA AVILA
ATTORNEY: CYN'T'HIA L. STRATTON, ESQ, DATE RECEIVED: MARCH 15, 2004
ADDRESS: JOE B. CORDILEONE & ASSOCIATES
438 CAMINO DEL RIO SOUTH, SCUTE 2138Y DELIVERY TO C..I,ERI ON: MARCH 15, 2004
SAN DIEGO, CA 92108 BY MAIL POSTMARKED: MARCH 10, 2004
FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
JOHN SWEE rk
Dated: MARCH 15, 2004 By: Deputy---
p ty
II, MOM: County Counsel.. TO: Clerk of the Board of Supe cors
{ Vfhis 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-
Dated: ...
ther:Dated .rtl r ;>` By: La 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 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: Y' JOHN SWEETEN, CLERK, By , Deputy Clerk
WARNING{Gov. code sectr n 913}
Subject to certain exceptions, you hiive 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 945.5. 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 deposite4.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.
A
Dated: JOHN SWEETEN, CLERK By Deputy Clerk
JOE B. CORDILEONE & AssocIATES
A LAW CORPO
:.
438 Cc-vino Del Rio South MAR 15 200
Suite 213 San Diego Ontario
San Diago, California 9210$ Oakland Costa Mesa
CLERK BOARD��UPE€��SOR
(800) 211-7430 (888) 834-2221 Fax G^NTRAG��.fi Pleasanton San Jose
March 10, 2004 Please reply to San Diego Office
Clerk of the Board of Supervisors
Contra Costa County Risk Management Department
551 Pine Street
Martinez, CA 94553
Re: Employment Maims of Ms. Barbara Avila vs. Contra Costa County, Health
Services Department
Compliance with California government Code §910 et. seq.
Our File No: 0826
Dear Clerk:
This letter is intended to place the County of Contra Costa and its employees on
notice of Ms. Avila's compliance with the Torts Claims Act provisions of California
Government Code §910 et. seq.
a) dame and Post Office address of the claimant:
Ms. Barbara Avila
44 Kay Court
Oakley, CA 94561
b) The Post Office address to which the person presenting the claim, desires all
correspondence to be sent:
c/o Cynthia L. Stratton, Esq.
.toe B. Cordileone & Associates
438 Camino del Rio South, Suite 213
San Diego, CA 92108
(619) 718-4820
c) The date, place and other circumstances of the occurrence or transaction that
gave rise to the claims asserted.
1. Date: November 12, 2003 to present,
2. Place: County of Contra Costa, Health Services Department
JoE B. CORDILECNE 'AssOCIATES
Clerk of the Board of Supervisors
March 10, 2004
Page 2
3. Circumstances: Ms. Avila applied for a position as an LVN with the Centra Costa
County Health Services Department. Can November 12, 2003, she interviewed
with Correction Facility agent Jeffrey Barnhart and he offered her an LVN job.
Before commencing her duties, she was required to undergo a physical exam,
drug screening, function test and an orientation at the county hospital. On
November 18, 2003, Ms. Avila presented for her physical. Dr. Thomas Gamsky
and R.N. Paul Manaut conducted the physical at the Vista Oaks Occupational
Medicine Clinic, a County facility. Ms. Avila's background check was clear. Her
physical condition was excellent, demonstrating the ability to do strenuous
exercise and maintain normal vitals. She passed the function test and
demonstrated the ability to carry the maximum weights required by the position.
However, upon learning that Ms. Avila had diabetes, Dr. Gamsky adopted an
intolerant stance towards her abilities. Dr. Gamsky imposed extra tests. He
insisted that she give blood for an Al c test and submit to an EKG. Those tests
were normal. Dr. Gamsky also insisted that Ms. Avila sign a release permitting
County to speak to her regular physicians. Her doctors confirmed that her
diabetes was under excellent control. She wore an insulin pump which gave her
the freedom to go the entire day without having to eat, if necessary.
Although her doctors felt she was able to perform the duties of an LVN, Dr.
Gamsky nevertheless refused to clear Ms. Avila for the LVN position under the
pretext that he felt it would be "dangerous for her to work alone because the
inmates could do something to her if she had a low blood sugar." Dr. Gamsky
refused to acknowledge that the potential for inmate violence was equal against
all women, and men for that matter. Furthermore, the chance of Ms. Avila ever
being alone in a corrections facility environment was virtually impossible given the
number of guards on duty, Because Dr, Gamsky would not clear Ms. Avila, Mr.
Barnhart rescinded his job offer the week of January 7, 2004.
Ms. Avila was led to believe she would be working at the jail before
Christmas. However, due to the fraudulent delays of County's agents, Ms. Avila
was forced to wait several months until after the New Year to discover that Dr.
Gamsky refused to approve her physical. The process should have taken less
than a week. The delays surrounding County's tortuous failure to hire and
disability discrimination caused Ms. Avila and her family great stress and anxiety.
A few weeks later, an agent from a different County department contacted Ms.
Avila for an LVN interview. This agent, Ms. Diana St. Clair, offered Ms. Avila a
job, even after she disclosed that Dr. Gamsky had refused to approve her
physical due to the fact she had diabetes. Ms. St. Clair acknowledged that Ms.
Avila had outstanding qualifications and did not feel that her diabetic condition
would be a hindrance to her performance as an LVN. Ms. Avila declined the
position with Ms. St. Clair only because it paid far less than what Ms. Avila wanted
to earn and could have earned at the Correction Facility position.
JOE B. CORDILEONE i'ASSOCIATES
Clerk of the Board of Supervisors
March 10, 2004
Page 3
d) A general description of the indebtedness, obligation, injury, damage or loss
incurred so far as it may be known at the time of presentation of the claim:
The County's conduct inflicted severe emotional distress upon Ms. Avila, Ms. Avila
also suffered economic loss due to the County's unlawful conduct. Today, Ms, Avila
continues to suffer from this devastating experience.
e} The name or names of the public employee or employees causing the injury,
damage, or loss, if known.
The County of Centra Costa, Health Services Department
Contra Costa Public HealthNista Oaks Occupational Medicine
Jeffrey Barnhart
Dr, Thomas Gamsky, M.D., M.P.N.
Paul Manaut, R.N., F.N.P.
f} The amount claimed and the court jurisdiction.
Ms. Avila has suffered damages in excess of $165,000.00, Jurisdiction for these claims
rests in the Superior Court.
Thank you for your attention to this matter. If you need any additional information, please
contact me at the above telephone number.
Sincerely,
i}r h. F
Strafonsq.
CL /Ovt
Enclosure
cc: Ms. Barbara Avila
JOE B. CORDILEONE ' ASSOCIATES
A LAW CORPORATION
vv vrw.cordileone.ccm
438 Camino Del Rio South
Suite 213 San Diego Ontario
San Diego, California 92108 Oakland Costa Mesa
(800) 211-7430 (888) 834-2221 Fox Pleasanton San Jose
March 10, 2004 Please reply to San Diego Office
Mr. William B. Walker, Director
Contra Costa County, Wealth Services Department
20 Allen Street
Martinez, CA 94503
Re: Employment Maims of Ms. Barbara Avila
Our File No: 0923
Privileged Settlement Communications
(California Evidence Code §1152; Federal Rule of Evidence 402)
Dear Mr. Walker:
Please be advised that this firm has been retained to represent Ms. Barbara Avila regarding
her employment-related claims against the Contra Costa County, Health Services Department
(hereinafter referred to as "County"). Ms. Avila's claims include, but are not limited to, tortious
failure to hire, disability discrimination, misrepresentation, breach of verbal contract, breach of the
covenant of good faith and fair dealing, infliction of emotional distress and other related claims.
The purposeof this letter is to advise you of the serious nature of Ms. Avila's claims, to set forth
her pre-litigation settlement position and to provide you with an opportunity to resolve this matter
prior to litigation.
Pursuant to California Evidence Code §1152 and Federal Rule of Evidence 402, the content
of this letter, and the content of any future settlement negotiations, may not be offered into
evidence during trial. Please do not contact Ms. Avila directly regarding her claims.
On November 12, 2003, Ms. Avila was offered a job as a Licensed Vocational Nurse by ,teff
Barnhart at the County Jail. Ms. Avila was extremely pleased to accept this offer as the LVN
position with the jail stood to pay more money and had better hours and benefits than her position
for the past two years as a home health nurse. After completing a physical and a function test
which measured Ms. Avila's abilities to perform the essential functions of the position, she was told
she easily passed with no problem. Unfortunately, a County agent could not accept the fact that
Ms. Avila had diabetes. Even when presented with evidence of her well-controlled condition and
the fact that her condition did not affect her ability to do her job, County invented excuses for
delaying the commencement of Ms. Avila's position and ultimately refused to hire her on a thinly
veiled pretext. As detailed by this letter, Ms. Avila sustained devastating financial and emotional
losses when the County misled her, disparately singled her out for disability discrimination and
illegally failed to employ her.
JOE B. CORDI ONE i?ASSOCIATES
Mr. William B. Walker
March 10, 2004
Page 2
The events leading to Ms. Avila's claims commenced in November of 2003. After submitting
a county application for a Licensed Vocational Nurse (LVN), taking a written LVN test and placing
8th on the availability list, Ms. Avila was called in for an interview on November 12, 2003 with the
County correctional facility. On that date, she met with Mr. Jeff Barnhart, the Department Manager
at the Contra Costa Detention Facility. During the interview, Department Manager Barnhart spoke
about past applicants who had not passed the background checks due to their criminal records
and joked that one applicant had even been an inmate at the jail just the week before the interview.
Department Manager Barnhart stated how impressed he was with Ms. Avila's qualifications and
indicated that he wanted to hire her. He explained the hiring process and that she had to pass a
background check, take a physical, a function test, and an orientation at the county hospital before
starting her assignment at the jail. Department Manager Barnhart then called Vista Oaks to make
an appointment for Ms. Avila's physical. He also called the Human Resources department in order
to confirm Ms. Avila's LVN pay scale, which was quoted as approximately $3,300 per month or
$22.00 per hour, plus benefits. Everything was on schedule for Ms. Avila to join the jail staff.
According to Department Manager Barnhart, she should be ready to commence her duties for the
jail by the first week of December of 2003.
Can November 18, 2003, Ms. Avila had her physical at the Vista Oaks Occupational
Medicine clinic, the Contra Costa Public Health county facility, which conducted medical
examinations to determine an applicant's ability to perform the essential functions of a position.
The test began with the completion of standard forms and a request for a urine sample. Then Ms.
Avila was led into another room by a nurse who took her vitals, asked Ms. Avila to jog in place for
several minutes, then took her vitals again. Ms. Avila's vitals remained in the normal range. As
the nurse and Ms. Avila reviewed her questionnaire form together, he noticed that she was
wearing a medic alert bracelet and asked what it was for. Ms. Avila replied that she wore the
bracelet because she has diabetes. The nurse made a note and then led Ms. Avila into another
room and instructed her to change into a hospital gown.
The nurse left with Ms. Avila's papers. When he returned, he no longer had the papers and
stated that the doctor wanted to do an Al c blood test on Ms. Avila to determine her average blood
sugars for the past 3 months. He also indicated that the doctor wanted to perform an EKG. The
EKG was normal. Ms. Avila asked if all applicants had such extensive testing, to which the nurse
vaguely replied they had on occasion.
After Ms. Avila provided the requested blood sample, she was asked to stand up and her
spine was checked. Her flexibility was also checked with some stretching exercises. The nurse
praised Ms. Avila's flexibility because she could stand with her legs straight and put her palms on
the floor. The nurse left the room again only to return and state that Ms. Avila could not perform
the function test that day because the doctor wanted her to sign permission requests in order to
allow them to discuss her medical history with her doctors. Ms. Avila had no other choice but to
sign the release forms because the County would not schedule the function test or clear her to
work until she signed. After Ms. Avila signed the forms, she took copies to her doctors. Just
before she left for the day, a TB test was performed. On November 21, 2003, Ms. Avila returned to
Vista Oaks to have her TB test read and the results were negative.
JOE B. CORDILEONE i5'ASSOCIATES
Mr. William B. Walker
March 10, 2004
Page 3
On November 24, 2003, Ms. Avila started calling Vista Oaks for an appointment to do the
function test. Ms. Avila continued calling for the next 2 weeks because Vista Oaks' physician
claimed he had not yet had an opportunity to speak with Ms. Avila's regular physician.
On December 8, 2003, Ms. Avila attended a regular appointment with her diabetes doctor,
Dr. Roy Kaplan. During the appointment, he indicated that he had spoken with the Vista Oaks
doctor, Dr. Thomas E. Oamsky and stated to him that he did not see any reason why Ms. Avila
could not work at the jail. Dr. Kaplan specifically stated that as far as her diabetes was concerned,
there was nothing that would interfere with her ability to work as an LVN.
When Ms. Avila arrived home that day, there was a message on her answering machine
indicating that she had an appointment with Vista Oaks for the function test the next day. She was
told to wear loose comfortable clothing. This led Ms. Avila to believe that the Vista Oaks doctor
was satisfied with his discussion regarding her medical history since she was permitted to progress
to the next step in the hiring process.
On December 9, 2003, Ms. Avila presented for her function test with the Vista Oaks
therapist. When she arrived, she was led into the exercise room where she met the therapist. He
took Ms. Avila's vitals and asked her some general questions about her heart history. Ms. Avila
replied that she did not have a heart history. She was being treated preventatively for heart failure
due to a family history. The therapist concurred that he believed in preventative medicine and
volunteered that he was also being treated for a preventative cardiovascular condition. Ms. Avila
was instructed to walk briskly on a treadmill for approximately 10 minutes. During this exercise,
the therapist intermittently asked how she was feeling. She responded that she felt fine. After the
exercise her vitals were taken. Then after she rested for several minutes, her vitals were taken
again. The therapist remarked that her vitals were very good.
Next, Ms. Avila was asked to perform lifting exercises. She had to take some weights off a
shelf, carry them down the hall, back into the room and put the weights onto another shelf using
proper body mechanics. Ms. Avila did this several times, using up to 75 pounds. Upon completion
of the function test, the therapist indicated that Ms. Avila had "passed with no problem."
On December 15, 2003, Ms. Avila called Vista Oaks to see if there was anything else she
needed to do. She was told that her physical would be sent to the Human Resources Department
and they would contact her. An entire week passed with no further word from HR.
Can December 22, 2003, Ms. Avila contacted County HR to find out what, if anything, she
needed to do. An HR agent indicated that as soon as Vista Maks sent the physical, they could
continue with the hiring process. However, when Ms. Avila contacted Vista Oaks to remind them
to send the physical to HR, they replied than Ms. Avila's physical had already been sent the
previous week.
JOE B. CORDI SONE ASSOCIATES
Mr. William B. Walker
March 10, 2004
Page 4
Ms. Avila called HR again to inform them that the physical had already been sent. They
claimed that perhaps it was still in the mail and to give it a few more days. After several days
passed, Ms. Avila again called the HR department. She was told her physical still was not there
and HR instructed Ms. Avila to contact Vista Oaks to ask them if she passed and to call HR back.
When Ms. Avila called Vista Maks, they claimed they could not give her this information. It went
back and forth for several more days. finally, an HR representative by the name of Debbie
informed Ms. Avila that she had not passed her physical due to some "job restrictions." Ms. Avila
indicated that she had no idea what she was talking about since Ms. Avila did not have any job
restrictions to her knowledge. Debbie promised to speak with the Vista Oaks doctor and get back
to Ms. Avila.
When Debbie called back, she claimed that the Vista Oaks doctor had stated that Ms. Avila
could not work alone and that Ms. Avila's doctors had stated she could not work alone. However,
both of Ms. Avila's doctors denied ever saying anything of the kind. Ms. Avila called Vista Oaks
and HR to repeat that her doctors never said she could not work alone. In fact, they had said there
was no reason why she could not work as an LVN for the jail. HR Representative Debbie
promised to speak to the Vista Maks doctor to try and determine what was going on.
On December 24, 2003, Ms. Avila contacted HR for a status update. She was told that the
Vista Oaks doctor was going to contact Ms. Avila's doctors yet again and HR instructed Ms. Avila
to call back after January 1, 2004. Ms. Avila had been planning to start her job at the jail before
Christmas. She began to experience increasing levels of stress and anxiety due to the County's
constant runaround and list of feeble excuses for the delays. The postponement of her job
commencement also caused growing financial concerns for Ms. Avila's family as they had to
further deplete their savings. Needless to say, the financial impact was felt even stronger due to
the holidays, The anxiety of these events was so severe that over the holidays, Ms. Avila
experienced'a seizure for the first time in her life. The paramedic who checked Ms. Avila came to
the conclusion that the seizure was due to stress.
On January 7, 2004, Ms. Avila contacted the County HR Department to inquire about the
status of her position with the jail. HR Representative Debbie promised to contact Vista Oaks for a
status update. When HR Representative Debbie called Ms. Avila back, she stated that the Vista
Oaks doctor, allegedly along with Ms. Avila's doctors, had come to the conclusion that Ms. Avila
could not work alone because they were afraid that "if she had a low blood sugar, the inmates
could do something to her." Ms. Avila could not believe this ridiculous pretext and pointed out that
this had nothing to do with Ms. Avila's ability to perform her job. Concerns about dangerous
inmates taking advantage of a female employee would affect anyone equally.
Ms. Avila pointed out that she had been working as a home health nurse for the pest 2
years, which required her to go into the homes of patients. Sometimes these homes were located
in goad neighborhoods and sometimes they were not. Being a home health nurse is actually more
dangerous than working in a jail because a home health nurse is alone in the patient's home.
Whereas a nurse at a jail is never left alone with inmates because there is always an officer
around. Ms. Avila knows this for a fact because her husband worked in corrections for 15 years
JOE B, CORDILEONE b'ASSOCIATES
Mr. William B. Walker
March 10, 2004
Page 5
and if there were any doubt of her safety, her husband would have been the first to step her from
applying for a job in corrections. The smell of pretext was becoming stronger with each
conversation Ms. Avila had with the County.
NR Representative Debbie apologized but stated that there was nothing she could do about
Ms. Avila's position because Vista Oaks claimed she did not pass her physical. Ms. Avila could not
believe her ears. If anything, Ms. Avila's physical proved her to be more able than most
applicants. Again, the therapist who conducted the function test declared that Ms. Avila passed
with "no problem."
When Ms. Avila contacted her doctors once more to inquire about their conversations with
the Vista Oaks doctor, Dr, Kaplan indicated that he had fears about her working at a jail. Evidently,
he felt that the corrections environment with jail inmates was too dangerous due to the potential for
inmate violence. This of course was a reason entirely unrelated to Ms. Avila's health. Cardiologist
Dr. Savage shed further light on the matter when he indicated that the Vista Oaks doctor kept
requesting that Dr. Savage verify that Ms. Avila could perform the job as a nurse in the jail.
However, as Dr. Savage explained repeatedly, he could only give information about what Ms. Avila
was seeing him for and her present condition. Dr. Savage pointed out that it was for Vista Oaks to
determine if Ms. Avila could perform the job because Dr. Savage did not know what the job
requirements were. Dr. Savage felt that the Vista Oaks doctor was not willing to perform his own
job in this respect, which involved comparing Ms. Avila's proven abilities to the specific functions of
the LVN position.
Several days later, Ms. Avila received a call from Department Manager Barnhart from the
detention facility, He stated that it was with the deepest regret that he had to rescind his job offer
because of Ms. Avila's diabetes.
On January 15, 2004, Ms. Avila received a notice of a county job offer with instructions to
call Diana St. Clair. Ms. Avila did so and the two had an interview on January 22, 2004. At the
interview, Ms. St. Clair explained that the job was part-time in a specialty clinic and they went
through several medical scenarios, Everything seemed to be going very well until Ms. St. Clair
asked if Ms. Avila had been offered a job anywhere else within the county. Ms. Avila truthfully
responded that she had been offered a job at the jail, Ms. St. Clair laughed and stated that she
could have guessed that since the jail was "always in need of workers." Ms. St. Clair indicated
interest in hiring Ms. Avila and began to explain that procedure for having a physical. Ms. Avila
stopped her there and explained that she had in fact submitted to a physical exam but that the
County claimed she had not passed. This news led Ms. St. Clair to suddenly claim that she
needed to interview other applicants and that she would be in touch.
Ms. Avila left the interview certain that she would never hear from Ms. St. Clair again. Ms.
Avila consoled herself since Ms. St. Clair's job paid far less than what Ms. Avila wanted to earn. It
was the job at the jail that stood to pay more money and make use of Ms. Avila's LVN skills. To
Ms. Avila's surprise, she did hear back from Ms, St. Clair a few days later when she called to offer
Ms. Avila the job. Evidently, the results of Ms. Avila's physical did not deter Ms. St. Clair from
JOE B. CORDILEONE AssOCIATES
Coir. William B. Walker
March 10, 2004
Cage 6
affirming a job offer. Ms. Avila had to decline Ms. St. C€air's offer primarily due to the low pay and
work hours. Ms. St. Clair expressed disappointment since she felt that Ms. Avila was an excellent
nurse.
Although County representatives from Vista Oaks stated that Ms. Avila's diabetes was the
reason she wasn't hired, when pressed for an explanation, Ms. Avila was informed that County
was concerned about Ms. Avila's "safety with the inmates," even though such a concern would be
equally shared by any female applicant, regardless of disability. Furthermore, the evidence will
demonstrate that Ms. Avila passed her physical exam and function test with flying colors, such that
the label of diabetes was used as an illegal pretext.
It is clear that Dr. Gamsky on behalf of the County, did not give Ms. Avila the same
consideration as her co-applicants, in violation of several legal principles. First and foremost, the
evidence will show that the County engaged in a tortious failure to hire. By failing to hire CVIS. Avila,
an unquestionably qualified applicant, for the open LVN position, County discriminated against her
disability.
As no doubt you are aware, equal employment opportunity law requires employers to select
or reject prospective employees in a nondiscriminatory manner. Both Title V11 of the Civil lights
Act and the California Fair Employment and Housing Act, codified at California Government Code
§ 12940(a), expressly provide that it is an unlawful employment practice to fail or refuse to hire or
employ any individual based on a protected classification, such as disability or medical condition.
Similarly, the Americans With Disabilities Act (ADA) prohibits disability discrimination with respect
to job application procedures and hiring. As stated above, Ms. Avila was denied an LVN position
with the County's Correctional Facility based solely on misperceptions regarding her disability. The
evidence shows that other departments within the County have hired, and continue to hire,
applicants for LVN positions who happen to have diabetes. The offer by Ms. St. Clair stands as a
prime example. Refusing to hire an applicant because she has diabetes due to misconceptions
about the condition, is clearly discriminatory and in violation of public policy.
Every person's civil right to obtain and hold employment without discrimination or
abridgment on account of a physical handicap is guaranteed under the public policy of this state.
The specific language of California Government Code § 12940(a) is as follows:
It shall be an unlawful employment practice, unless based upon a bona fide
occupational qualification, or, except where based upon applicable security regulations
established by the United States or the State of California:
(a) For an employer, because of the race, religious creed, calor, national origin,
ancestry, physical disability, mental disability, medical condition, marital status, sex, or
sexual orientation of any person, to refuse to hire or employ the person or to refuse to select
the person for a training program leading to employment, or to bar or to discharge the
person from employment or from a training program leading to employment, or to
JOE B. CORMLEONE ASSOCIATES
Mr. William S. Walker
March 16, 2004
Page 7
discriminate against the person in compensation or in terms, conditions, or privileges of
employment. (emphasis added)
Ander the FFHA, an employer is justified in refusing to hire an applicant despite his or her
protected classification in only two situations: (1) the job applicant is unable to perform his or her
"essential duties" (after reasonable accommodation has been made); or (2) the job applicant is a
danger to the health or safety of himself or others. Gov. Code § 12940(a)(1), (2)•
The FIS HA defines "essential duties" as the fundamental duties of the employment position
the individual with a disability holds or desires, and does not include the marginal functions of the
position. Gov. Code § 12926(f). The employer has the burden of proving this defense by a
preponderance of the evidence. Raytheon Co. v. Fair Employment & Housing Com. (1989) 212
Cal. App. 3d 1242, 1252. Certainly, Ms. Avila was able to perform the essential duties required of
a licensed Vocational Nurse. As verified by the therapist who conducted the function test, Ms.
Avila passed with "no problem," without need for any accommodation. She was able to lift and
carry over 75 pounds from one room to another, using proper lifting techniques, as stated in the
Essential Job Functions for a Licensed Vocational Nurse. Moreover, Ms. Avila currently performs
these same duties successfully as a home health nurse. Therefore, County will have a tough time
proving by a preponderance of the evidence that Ms. Avila could not perform the essential duties
required of an LVN.
Additionally, the health and safety defense listed above is very narrow in scope. Jimeno v.
Mobil Coil Corp. (9th Cir. 1995) 66 F.3d 1514, 1534; Ackerman v. Western Elec. Co., Inc. (N.D. Cal.
1986) 643 F. Supp. 836, 848. The employer must show that the employee faced an "imminent and
substantial degree of risk" in performing the essential functions of the job based on that
employee's individual characteristics. Sterling Transit Co. v. Fair Employment Practice Com.
(1981) 121 Cal. App. 3d 791, 798. If the harm is merely potential, then the employer's defense
fails. Jimeno at 1534. Again, Ms. Avila has worked as a Home Health Nurse for the past 2 years,
which involves her travel to a patient's home to provide nursing care. Often Ms. Avila is in fact
alone with a patient in questionable neighborhoods. The danger to her personal safety in this
environment is much greater than in a correctional facility since the number of guards in a jail
render it virtually impossible for Ms. Avila to ever be alone with an inmate patient. However, this
remote danger is one equally shared by all staff members, regardless of disability. Furthermore,
the virtual impossibility of Ms. Avila ever being left alone, coupled with the even more unlikely
assumption that her blood sugar could be low at the precise moment of being left alone, defies all
odds of the two factors ever occurring at the same time. under the facts of this case, there is
absolutely no "imminent and substantial degree of risk." Therefore, if County proposes this
defense for its discriminatory treatment of Ms. Avila, it will assuredly lose.
There is no defense for County's discriminatory treatment of Ms. Avila. She was qualified
for the LVN position at the jail, but was excluded based solely on her disability. These actions by
County violate the equal employment opportunity laws of the united' States and California.
JOE $. CORb1LEONE 5'ASSOCIATES
Mr. William B. Walker
March 10, 2004
Page 0
County also faces liability on the grounds of misrepresentation. When Ms. Avila was first
offered the LVN position, she was promised many things. higher pay, better working hours, long-
term career potential, guarantee of no travel, just to name a few. These assurances proved empty
once County agent Dr. Gamsky wrongfully interfered with her hire. Neither Corrections Facility
agent Barnhart nor the Human Resources Department did anything to investigate Dr. Gamsky's
false statements and groundless presumptions even though Ms. Avila assured them that her
doctors affirmed her ability to handle the physical demands of the position. Rather, Department
Manager Barnhart and HR Representative Debbie simply washed their hands of the matter and
rubber stamped Dr. Gamsky's erroneous conclusions.
Consequently, by virtue of its tortuous failure to hire, County did not abide by its promise to
provide Ms. Avila with the aforesaid conditions of employment. if Ms. Avila had known County's
assurances were false, she never would have accepted the LVN position with the Corrections
Facility nor put herself through the arduous process of meeting each and every one of Dr.
Gamsky's excessive demands. The misconduct of County's agents also constitutes a breach of
the verbal agreement made with Ms. Avila thus subjecting County to all contractual ramifications
and penalties.
Ms. Avila relied, in good faith on County's verbal assurances. Instead, they acted in bad
faith, and deliberately spoke untruths. The appalling circumstances of County's conduct also
subjects County to serious liability for a breach of the covenant of good faith and fair dealing. Ms.
Avila reasonably anticipated County would deal fairly with its job applicants. However, as set forth
above, County's claims of concern for her "safety" were nothing more than an excuse for
discriminating against her diabetes. The evidence will show that Ms. Avila maintained excellent
control of her condition and was in far better health than most of the County's job applicants, At
least one other County agent was willing to hire Ms. Avila as an LVN in spite of her diabetes but
that position 'stood to pay far less than the substantial benefits afforded by a position with the
Corrections Facility. All facts strongly suggest a bad faith motive in refusing to hire Ms. Avila for
the Corrections Facility LVN position, County's appalling deeds constitute improper conduct that
offends all notions of goad faith and fair dealing.
This entire ordeal has been horribly stressful for Ms. Avila and her family. It has affected
every aspect of her life. She still does not have an adequate paying job so she and her family
continue to dip into their savings and struggle to make ends meet. Ms. Avila's experience with the
County has adversely affected her self-confidence. She never previously considered herself
disabled such that she could not do her job. Now, she feels very self-conscious about who knows
about her diabetes for fear of being presumed incapable. Ms. Avila has suffered, and continues to
suffer from severe emotional and physical distress, including shock, depression, humiliation,
indignation, disappointment, chronic and extreme headaches, upset stomach, anger, lack of
concentration, nervousness, loss of sleep and feelings of despair and dejection. County's agents
outrageously left Ms. Avila's employment status in limbo as they repeatedly sought to manipulate
her doctors' words and search for any pretext to deny her employment. County's agents outright
lied to Ms. Avila about the results of her physical and unreasonably delayed her hire without
justification. She ruefully laments that the stress of these events provoked a seizure, something
JOE B. CORDILEONE AssOCIA?Es
Mr. WilliamB. Walker
March 10, 2004
Page 9
she had never before suffered in her life. Consequently, County needlessly jeopardized her health
with its unconscionable misconduct. County's timing was particularly egregious as these events
occurred during the holiday season and needlessly marred what should have been a happy time
for Ms. Avila and her family. After passing all of County's tests and jumping through all the hoops
and hurdles placed in her way, Ms. Avila feels understandably betrayed. County faces substantial
liability for Ms. Avila's emotional and physical suffering.
Ms. Avila is also entitled to compensation for her economic losses. To date, Ms. Avila's
overwhelming pecuniary losses include the wrongful denial of the LVN position with the Correction
Facility, which stood to pay approximately a $39,600.00 annual salary, plus the substantial benefits
available with this position, such as medical, dental and retirement, among other benefits and
prestige. County's deplorable conduct also caused considerable damage to Ms. Avila's reputation
and self-confidence. Accordingly, Ms. Avila will be seeking compensation for all past and future
economic losses resulting from County's violation of her legal and contractual rights.
While we are confident in the merits of this case and that Ms. Avila will prevail in a jury trial,
Ms. Avila is open to a good faith attempt to put these unfortunate events behind her as soon as
possible. In order to avoid the expense and frustration of a lawsuit, Ms. Avila is willing to release
any and all claims against County, its agents and employees, in exchange for the compromised
amount of $165,000.00. Given the potential for damages in this case and the costs of litigation,
including the costly public disclosure a trial will surely draw, we believe this offer is more than
reasonable.
Please provide your written response within ten (10) days of receipt of this letter. Ms. Avila
and I look forward to working with you toward an amicable resolution of this matter.
Sincerely,
4Svtya�. Stratton, E,sq
Enclosure
cc: Ms. Barbara Avila
CLAIM 1
BOARD OF ST.IPERVI ORS OF CONTRA COSTA COUNTY • !
BOARD ACTION: APRIL 20, 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), giver
Pursuant to Government Code Section 913 and
915.4. Please note all "Warnings".
AMOUNT: $1,000.00
CLAIMANT: DONALD R. KARST
ATTORNEY: uwNow DATE RECEIVED: MARCH 15, 2004
ADDRESS: P.O. BOX 7989 BY DELIVERY TO ULERK ONS MARCH 15, 2004
FREMONT, CA 94537
BY MAIL POSTMARKED: MARCH 12, 2004
FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
MARCH 15 2004 JOHN S WE T Clerk
Dated: By: Deputy
IL FROM: County Counsel.. TO: Clerk of the Board of Supervisors
(L4-this claim complies substantially with Sections 910 and 910.2.
i
{ ) This Claire FAILS to comply substantially with Sections 914 and 914.2, and we are so notifying claimant. The
Board cannot act for 15 days (Section 914.8).
( ) Claim is not timely filled, 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:
Bated: r 13y: -' 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:
(vf 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 elate,
Dated: JOHN SWEETEN, CLERK, By Deputy Clerk
WARNING(Gov. code recti 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.
ex
Dated: JOHN SWEETEN, CLERK By Deputy Clerk
Claim to: BOAM OF SUPERVISORS OF CONTRA C0STA CflMIY
IN.S UCfIONS TO CLADWTr
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. Claus relating to causes of action for-death or for injury to person
or to personal property or growing crops and which accrue on or after January 1,
1988, must be presented not later than six months after the accrual of the cause
of action. Claims relating to any other cause of action must be presented not
later than one year after the accrual of the cause of action. (Govt. Cade §911.2. )
B. Claims must be filed with the Clerk of the Board of Supervisors at its office in
Rood 1.06, County Administration Building, 651 Pine Street, Martinez, CA 9€553-
C. If claim is against a district governed by the Board of Supervisors, rather than
the County, the i=e of the District should be ::.hied in.
D. If the claim is against more than one public entity, separate claims =ast be
filed against each public entity.
E. Fraud. See penalty for fraudulent claims, Venal. Code Sec. 72 at the end of this
for m.
R.E: Claim By } Reserved for Clerk's filing stamp
Againsa the County of=tZ&,Los ) '
or~
> 41A5 2004
District} �
0``'
Fill lit naffie �.� j
iP``S`' _RVIS�'v`t�'.,
. ,. ACoS'. U,0.
The undersigned claimant hereby makes claim against the County of Contra Costa or
the above-named District in the sum of $ 14 e)06,047 and in support of
this claim represents as follows: �-
l. When did the damage or injury occur? (Give exact date and hour)
2. dere did the damage or injury occur? (Include city and county)
3. .'how dial the damage or injury occur? (Give full details; use extra paper if'
required)
4. What particular act or omission on the part of county or district officers,
servants or .employees caused. the.injury or damage?
5. wgat �^e tree ramex of county or district officers, servants or employees causinZ
the da--age cr injury?
6. What damage or injuries do you claim resulted? (Give full extent of injuries or
damages claimed. Attach two estimates for auto damage.
7. How was the amount claimed above computed? (Include the: estimated amount of any
prospective injury or damage.)
. M=mes and addresses of,witnesses, doctors and 'Hospitals.
9. List rthe Vexpenditu_res you rmade on account of this accident or injury:
DATE I"PM AMOUNT
Cray. Code Sec. 910 2 provides:
"The claim must be signed by the claim;ant
.SEND NOTICES TO: (Attorne ) or b Nome erson can his. behalf."
Name and Address of Attorney
Claimnt's Signature
y
Address
Telephone No. Telephone No.
N0TL ICE
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, car by imprisonment it
the state prison, by a fine of not exceeding ten thousand dollars ($1010001 or by
bath such imprisonment and, fine.
Attachment to Claims Form- Items#1 to 49
1. When did the damage or injury,occur? (Give exact date and hour)
Saturday December 13, 2003 at 3:00 RM
1 Where did the damage or injury occur? (Include City and County)
Ferry Street Martinez, Contra Costa County-near Ferry Street Antiques.
3. How did the damage or injury occur? (Give Full Details; use extra paper if
Required)
I was walking along the sidewalk which was made up of cobblestones which
were not flush and sticking up when I tripped and fell down on my chin. I walk
rather slowly and never saw-the cobblestones that were not flush. They need to be
repaired as soon as possible.
4. What particular act or omission on the part of county or district officers, servants
or employees caused the injury or damage ?
The cobblestones on the sidewalk were not flush and several were sticking out
and up causing me to trip and fall.
5. What are the names of county or district officers, servants or employees causing
the damage or injury ? None.
6. What damage or injuries do you claim resulted ? (Give full extent of injuries or
damages claimed. Attach two estimates for auto damage.)
Facial Injuries and permenant scar on chin as well as dental damage to one front
tooth repaired by Dentist Dr. Mark L. Burr DDS, and fat lip with teeth fragments
in my lip that have not yet to be removed.
7. How was the amount claimed above computed ? (Include the estimate amount of
any prospective injury or darnage.)
Dental Bill-actual $237.50 and possible future Kaiser Medical Appointment of
$10.00 and Facial/Emotional Damage-5752.50-equal. total amount claimed-
$1,000.00.
8. Narnes and addresses of witnesses, doctors, and hospitals,
Mark L. Burr D.D.S. 2701 Decoto Road#5, Union City, Calif 94587
Telephone 510-489-3400.
9. List the expenditures you made on account of this accident or ITtiury:
Date 1-tem, Amount
12-15-03 Dental Bill $237.50 related to#8 above
Send Notices to Attorney-None
Rest of Information-see Form which in fill in with black pen ink.
Mark L. Burr. L .D.S.
2701 Decoto Road, # 5
Union City, CA 94587
Statement of account as of Jan 6,2004
Donald Barsi
35483 Woodbridge Street
Fremont, CA 94537
Date Description For Debits Credits Balance
i
250 . 00 250 . 00
Dec 15, 2003jCamp .Resin/4surf/Iaci . Donald 23 . 50 12 . 50
Dec 15 , 2003 VISA/MC Pt At Appt . 1 12 . 50 0 . 00 I
Dec 15 , 2003 , m
Cash Payment Adjust .
Mark L. Burr, D.D.S. (510) 489-3400
Account history as of Jan 6,2004
Donald Barsi
35483 Woodbridge Street
Fremont, CA 94537
Account number 1995
Date Description For Debits Credits Balance
IDec 15,2003 !welcome To Our afficei (Donald � 0.00
'Dec 15,2003 'Comp.Resin/4surf/Snci_ Donald ZSO.OG 250.00
Dec 15,.2003 VISA/MC Pmt At Appr. 237.5C 12.50
Dec 15,20Cash ash Payment Adjust . 12.50 0. 00
l
CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY
BOARD ACTION* APRIL 20, 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 claire by the
Board of Supervisors. (Paragraph I`Sr below), given
Pursuant to Government Code Section 913 and
915.4. Please note all "Warnings".
AMOUNT: $226.46
CLAIMANT: RODNEY L. PErRY
ATTORNEY: UNKNOWN DATE RECEIVED: MARCH 15, 2004
ADDRESS: 2035 TRUMAN LANE BY DELIVERY TO C:$;JERK.ON: MARCH 15, 2004
OAKLEY, CA 94561
RK
BY MAIL POSTMAED: MARCH 13, 2004
FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
MARCH 15 2004 JOHN SWE E , Irk
Dated: ' By: Deputgigy
II, MOM: County Counsel, TO: Clerk of the Board of Sup isors
(14 This claim complies substantially with Sections 910 and 910.2.
{ This Claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The
Board cannot act for 15 days (Section 910.8).
{ ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of
claimant's right to apply for leave to present a late claim(Section 911.3).
{ ) ether:
Dated' ` 4,w By: c '� 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. ARD ORDER: By unanimous vote of the Supervisors present:
(vy This Claim is rejected in full.
{ ) Other:
I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date.
Dated: f" JOHN SWEETEN, CLERK, By , Deputy Clerk
WARNING(Gov. code secti n 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: Yv e�� JOHN SWEETEN, CLERK By Deputy Clerk
Claim to: BOAM OF SUPERMSOM OF CIMM COSTA CIDUNTY
lCtS
TO CULT
A. Claims relating to causer 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 to 100th day after the accrual of the cause of
action. Maims relating to causes of action for A mth or for injury to person
or to perwml property or gr cmdng cps and sdiic h acc:nje on or after January 1,
1988, must be presented not later than six months after the accrual off the cause
of action. Claims relating to m rather owe of action must be presented not
.Later than we year after the accrual of the cause of action. (Govt. Code 5911.2.,)
B Claims must be filed with the Clerk of the Board of Sup rissors at its office in
Rtx= lam, qty Administration wilding, Ertl. Pins suet, martinez, CA 94553.
C. if claim is against a district governed by the Board of Superv;Y scars, rather than
the County, the name of th6 District should be filled in.
D. if the claim Is against mwe than one public entity, separate claims must be
filed against each public entity.
E. ' Fraud, See penalty for fraudulent claims, Penal Code Sea. 72 at the end of this
�)T4m� Reserved
�F 9Esl� 1iEy{
By
ing stamp
x i �x�s 1
d ,
lrs�tcouqty , 2004
or �
LR __J
District) :"C�N7RA C�uL,
The undemi Ped claimant hereby mates claim against the County of Contra Costa or
the above-named District In the sum of ��,2,, � and, in support of
this claim represents-as follows l.o s
1. When did the dams or injury occur? (Give exact date ,and hour)
-�
. .._...... ..,... �..Y.._....r.....�........
2. Vhere did the damage or injury y cul° (Tnclude city and county)
w
€ a
3. How did the die or injury (new? (dive full eta l.sa use extra. paper If
required) hv
165
4. t particular act or c oissi on on the part of o=ty or district officers,
.y3WVa11t,3, Cr,eMP10yft3 ycaused, the
.tin ur ?
V,
w r, are the names of county or district office, stets or employees c agir�
the e or irz y� a >,
,,......� ,tom"'r �..
kr >��.+„'"t?/"t..., . j, *.`` e��l� r a'c.°,"<'f o-ar"CWe" �`t 'i ..exa � � • �,.dr
. What damW or injuries do you claim t s d? (Give full eft of injuries or
damages c3almed. Attach two estimates for auto damage.
7. How Uas the JiJt eta above CI"a the Wit,` t 5y� n�
prospectiveLSIor d m4Jo^
S3
vo
. Names and addresses of witnesses,, doctors and hospitals. _ . ..
9. List the expenditures you made on account of this accident or injury:
HATE ITEM
IV
� '� � � � � � � -� � � �' � � iE' � iE -# �.'� � iF 1! 1t � � •� # � � iCr � N'r � IF +� aF !E �.,,,f iF
Goi. Code a. -9M2 provides:
claim must be signed by the claimant
SM NMMS TO: Ut j ors h a.beXsa3.f.�
N ind Address of Attorrmy
1 .icetViAk S4
r `mx
Telephone No. Tele one No.4
NOTICE
Section T2 of the PeM Code provides:
"Every person , with intent to defraud, presents for a3dowance or for
payment to any state board or officer,, or to any qty, city or district board or
officer, authwized to allow or pay the same if pauine, any false or fraudulent
claim, tsi1l, aocotmt, vOUCher, cr lowitinSt is punishable either by imprisorimmt in
the *nay ,jail for a period of not mare than -yam, by a fines of not exceeding
oce thousand ($1,400). or by both such Imprisonment ent and fine;'-'ter by imprisonment in
the state prism, by a fim of not eaecWing ten t4vustan4.do1lar3 ($10$000l, or by
. ' +•..�,-4- r«, nt and fine.
c 'd T�� SEE !�26
_LN34YdNW >616 0:)
..
-- Customer Service Center 1.800-835-225;
t
A
� G
id5
CLAIM ..
BOARD OF SUPERVISORS Q CONTRA COSTA COUNTY
8
BOARD ACTION: AMIL 2Q4 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
Board of Supervisors. (Paragraph IV below), given
Pursuant to Government Code Section 913 and
915.4. Please note all"Warnings".
AMOUNT: $156.67 plus labor
CLAIMANT: VALLEY CREST TREE,CO.
GABRIEL VILLASENOR
ATTORNEY: UNKNOWN DATE RECEIVED: MARCH 15, 2404
ADDRESS: 12087 - 40 N. LOPEZ CYN. ROAD, BY DELIVERY TO C..LERK ON: MARCH 15, 2004
SAN PERNANDO, CA 91342
BY MAIL POSTMARKED: MARCH 12, 2004
FROM, Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
JOHN S'VV`EE k
Dated: MARCH 15, 2004 By: Deputy.
II. FIROM: County Counsel.. TO: Clerk of the Board of Supervisors
(1)`This claim complies substantially with Sections 910 and 910.2.
{ ) This Claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The
Board cannot act for 15 days (Section 910.8).
( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of
claimant's right to apply for leave to present a late claim(Section 911.3).
( ) Other:
Dated: By: �, ° Ls. ,, Deputy County Counsel
IIT. 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 full.
( ) Other:
T 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 Cade 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: yl% Q211, JOHN SWEETEN", CLERK.By Deputy Clerk
ECEIVED
IQ aye _oi IM SEE SZ6_W01
EO 70 VOOZ-Z I--20 P n DOS
MSR 1 Z004
i'.'l.aim to BOARD OF SUP£RVISM OF CDNTRA COSTA Ct}CIN'i'Y
I NSTRUC1 ONS TO CLAM4ANT
A. Claims relating to causes of action for death or for injury to person or to per-
son l property or growing crops and which accrue on or before December 31, 1987,
must be presented not ,later than the 100th day after the accrual of the cause of
action. Claims relating to causes of action for death. or for injury to person
or to personal property or growing amps and which accrue on or after January 1,
1988, must be presented not later than six months atter the accrual of the cause
of action. Claims relating to any other cause of action must be presented not
later than one year after the accrual of the cause of action. (Govt. Code 5911.2.)
Claims Hast be filed with the Clark of the Board of Supervisors at its office in
Boom 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.
Z. Fraud. See penalty for fraudulent claims, Penal. Code Se;. 72 at the end of this
farm.
RE: Claim By } Reserved for Clerk's filing stamp
}
e e, C }
}
Agai st the County of ntra sta )
or )
District)
F in name }
The undersigned claimant hereby.msices claim against the County of Contra Costa or
the above--named District in the sum of .'` u.6 �A�ar and in support of
this claim represents -as follows:
?. When did the dame or inJur�y occur? (Give exact date and hour")
B. Where did the damage or injury ower? (Include city and county)
3. Row did the damage or injury occur? (Give full details; use extra paper if
required) c .t C tiverw0.� Briar nor ov,� 9141*et�- fit ti,4;,,ok_ tt.,+ A.. ?2Ae.4,'V✓\
1M o ;sly std c , . t�ci off- } r� ; cmac-, A+- J�iAj- V4,c.. Coy," ' 4o,.,
-Wtwt.X,. 6" t�*,V1_i Lio
4. What particular act or omission on the part of county or district officers,
servants or.employees caused,the.inj ry or damage?
f i vi v� o+�"� �J�r+�.I
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wnat are the tis of county or district ofricers, servants or employees causing
the danage or injury?
. What damage or injuries do you claim resulted? (Give full extent of injuries or
damag" claimed. Attach two estimates for auto damage.
How was the amount claimed above imputed? (Include the estimated amount of any
prospective injury or damage.)
�Airr o r ,7 tet-e-' - ovv� _-Firo(,
8. Names and addresses of witnesses, doctors and hospitals.
9. List the expenditures you made on account of this accident or injury:
HA'T'E AMMNT
eee � eee � � .� * � eee # �r � •e �.� �tesee � �t �te �t � ee � � � � e �4„,�r �
Goi. Code Sec. '91(1.2 provides:
"The claim must be signed by the claimant
Ste► NOTICES 'TU: (Attorney) or by some pergqn on his.behalf.”
Name and Address of Attorney V,
(Claimant I a S�igratj
ACidT'ess
Telephone No. Telephone Na. "" t
-
- -- --
NQTICE
Section 72 of the Penal. Code providess
"Every person who, with intent to defraud, presents for al.l.owance 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., accounts voucher, or writing, is punishable either by imprisofiamt, in
the county ,f ail�for a period sof not more than one-year, by a fine of not exceeding
one thousand ($1,000). or by -both such imp- 3Js nment and finei-or by imprisonment in
the state prison, by a .fine of not exceeding ten thousand .dollars ($10,000, or by .
T tr Sj SZ�6 _ __s -, A 'ei na
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Prom-19258522835 To- Page 002
CLAIM
BOARD OF SUPERVI ORS OF CONTRA COSTA COUNTY
BOARD ACTION: APRIL 20, 20014
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), giver.
Pursuant to Government Code Section 913 and
915.4. Please note all "Warnings".
AMOUNT: UNKNOWN
CLAIMANT: PAMELA ARMEiZARIz
ATTORNEY: UNKNOWN DATE RECEIVED: MARCH 17, 2044
ADDRESS: 7509 BRIGHION DRIVE BY DELIVERY TO (-LERK ON: MARCH 17, 2004
DUBLIN, CA 94568
VIA INTER OFFICE
BY MAIL POSTMARKED: MAIL FROM RISK
MANAGEMENT
FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
MARCH 17 2004 JOHN SWEET ,
Dated: By: Deputy
II, MOM: County Counsel.. TO. Clem of the Beard of Supe so;so
(- This claim complies substantially with Sections 910 and 910.2,
6
( ) 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:
3
Dated: s By: �'� ' ' > Deputy County Counsel
IIT. FROM: Clerk of the Board TO: County Counsel (l) 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.
o
Dated: &Z 40 . JOHN SWEETEN, CLERK,By , Deputy Clerk
WARNING(Gov. code section 913)
Subject to certain exceptions,you hove 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 seep 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,
0
Dated:Ar . ca'Z./ Qom' 1OHN SWEETEN, CLERK By Deputy Clerk
PROM : ARMENDAR I Z FSH-ONE NO. 9259031761 Mar. 16 2004 10:213RM P2
'J2t> :135 1421 P-21
Claim to BOARD OF Se-SMSORS 4R CONS P S?A CWNrf
SNS71RUCPI€3NS TO Cz. : nLNT
Cl.ai= relating t.0 Causes of action for death or for injury tc wson or to per-
sona-1 property or growing crops and uttch accrue on or before December 31, 1987,
mist be presented not later than the 100th day after the accrual of the cause ox`
acticua. Claims relating to causes of action for death or for injury to person.
or to persoanal property w growing crops and ik.l=i accrue Can or after January 1,
1988, must be presented not later th n six months after the 21cemn;. of the cause
of action. CIai=$ relating to any other cause of action hart be prs-,vnted not
later, than one yea.- after the accrual, of the rzUse of action. (Cbvt. Code
B. Claims must be filed with the Clark of the Board of 3Saper visors at its office in
Raba 106, County Administration Building, 651 Pirie Street, Martinez, CA 94553.
C. If claim is against a district governed by the Board of Supervisors, rather than
the County, ,,Ae name of the District should be 1`111ed in.
D. If the claim, is against more than one public entity, separate claim Ca"t be
tiled against each public entity.
E.' F mud. Sea penalty for fraudulent O a ios, Fenal Cade Sec. 72 at the e-nd of this
cam.
RE.- Cl.aic By 'Reset-red for Clerk's Piling stamp
RECEIVED
TwE n� y or cons:; ata ) 7 2004 SUPEor
RVISORSDi.etrivt) OSTA CO.
The undersiped claimant hereby maw elaim against the County cit Cont_r. Costa or
the above-rzmed District in the s= of s —_ ,,. �. atd in support of
this claim mpi esents as foll.o m o.
1. Dien did the damage or in -y oar? (Give e)vtot date and hour)
2. Vhem did the damge or iniur'y o=4 (Include city and ccrInty)
g ,_�+i-,kxx_� G ra t3 r,* `. ���Q,
3. How did the damage or injury octur? (Give full details; use extra ,~caper .fGwylly
required) tr li d pL 6i'Wo-n 1p�,Sdvi xol
k ,e t\j t'0SO et ti ¢% t - -om he per
4r 0cir- A3a� ter Pa �c c s 4�-� be- .: c0-.1s� l a rr+ , 04Qr O
03, t particular act or mission ars the par tat' qty or strict of'f'icers, �'o1�
3tihaervantz ar.empl.aycft ltd.the in3ury or danrge7
cc�cak ern 4Y, 0 cam- c1. ,rNc,,cit)-
FPOM : ARMENDA?IZ PHONE NO. 9258031761 'Mar. 16 2004 10:30r4M P3
`X4_ Risk t1,14Nk--J1E'"4 . ..
`32S :i.,�""5 1421 P.'zdw
Wray. are tine names of co=ty or district orr10.Ars, servants or employees Causing
thti age or injury T doh
�r2 �S CIO I Ot atQ' on f--o ay" b.xt x JL
&. Vmt darage W inuries do you alaim .resulted? (31-ve full extent of injuries or
des claimed. Attaeb two estimates for auto fie.
�f
La-�r c n
7. 11:v etas the amount ol.a.imed above ec putera? (Include they estimated amount of any c8P,
prospective injury or damage.) okry,Cx.,y~t c��rr4e� �,j w�r r� ro��c al � }
«�+. c�r�e�%Y' 44"
5. Xzmes and addresses of witnesses, doctors and hospitals.
9. List the expenditures you made on accou:,t of this accident or injury:
DATE TTEM ANf�tT
Gc. Code spec. 51042 pmvldes:
"77le im must be signed by the claimant
SM %=I TO: (Attorney) or bysae on kis be~ S7#.
ate and Address of Attorney
ts 11nature)
t
Telephone No. Telgphore No. 2!'D>803{ 74A
N 0 T I C E
Sectio 72 of the Pena.! Cade provides:
"E-very person who, with intent to detmud, pr--3 nts for a.Llo ce or for
payrtmt to any state beard o!' of'f'icer, or to any co=ty, city or district bow or
officer, author",zed to al.laa or pay the sine if getnuins, any Nlse or fraudulent
claim, bill, acccr., t, vz her, or writing, is punishable eMithier- by i=risornt in
the county jail for a period of not more tz= anf:'year, W 3 f1m Of not eiC*e;dt ng
case thcus nd or by both such S rrSaOY%*ent and f Ine i- or by imprisoment. In
the state prison, by a fine at not exceeding ten thousand dollars ($2.0,000, or by
both such lMrtsanrfent and fine.
FROM ARMENDAR1Z PHONE NO. 9258331761 Mar. 16 2004 10:30AM P4
r�c�edr 1 yb �Jy:1C 1 535115 SIDNEY THZDA On p4GE 01
Auto Glass Euker4s
2465 38TH AVENLTE
OAKLAND,CA 94601
none: 510-532-2024 fix: i10-532.6113
federal Tax ID: 83-0714740
Date.3MI2004
Quota 1164
,Bill To: Customer: Quote Data: 31812004
Retail Customer Arn<;ndarix,Tamara
7509 Brighten Drive CSR:
Dublin,CA,54568 lnxtaller:
Locatlow in-Sbop
Phos: dome. 925-803-1761
Fax. work.
;rax; 925-8031761
Tnsumac+e Information: Loss Znfor riation:
Polity 0. Date: 313/2004 Deduuctlbict $0.08
Clnim#: Type:
fral3t�tfite '
Amt: 1tC3t➢tY/1�18t:
Vehicle: 1999 "tNZ 0230 413SO
VINI
Odometer: 0
6 Qty PartiStrviee Descrlptlou ListPrice % Net: rite Labor 'dotal
1 IA 242 67107 10 (Rain Sensor) Careen TinvGray Sha 300.00 20.00 360.00 100.00 46040
2 1.0 HAH02435$ 2.0 Adhesive (High WdLjus)(Nou 180.60 -30.00 90.00 0.00 90.00
3 1.0 242 670 00 P Ntoulding(RevealXUpper) 49. 0 0.00 49.00 8.04 48.90
Total Material: 8 WDO
'Foca.!Labor: $100.00
Subt0tx)b 559&.011
Alameda J,8250°A: $41.99
Totals $639.09
DtductibleAue: $0.00
Balance Due: 5639.04
i
l
Copyright 1997- 003,. ational Auto Glues Spocifi�:,stion. All Rights Re carved
r
FROM ARMENDAR12 PHONE N0. 9259031761 Mar. 16 2004 10a31AM P5
u�1 vvP�uu4 �L,eJ yL�'tr'dJy��' ACTION GL4SS p�ca� 01
ACnE7� ADMlNIMTWE OSE
S RCS.eox 6t GA
GLAS ,., MVCIORI) CA 9462A
{9{7171 69$�9t�9
77: •t-O�app� F'xGYkLb�6 B1' P6CFE�L.T +. .N@.
j 1 i11
r
BILL` JWE &'L 0
I I
883-1761
INSURANCE CO. PCLICY Nr..
fIN-'W IA Cc,
P;�{SNE NO• - CLAIM NO,
POLICY NAME LC73U5Dt"t+TiOM
A(eX—,NAME: _ VEfilI'leu tlY
j A.Gtikt PHONE DATE Or ams DEDUlOTIALE
Ire M1lrc+ddvr. *Q0,ft.. 0230 1r��tIt" #"939 �;'•; a i
, +fit .E LE�N� '•. ''
4Y Dtt➢!.`3*#dtivin List sell Total
I DEALER WINOV I ELD 383.ft 335.0111 339.tie
I IKTT BOR 25.2 45.00 P-13: 1
1
i
l
1
I
fiL1'HOPIZATiON TO PAY
i8"by aumdri"and empoww Ing above-119mod ifisumnoe COmpary x Pay th's in+oins I?'.IV1E"d;cmant,
ae6etwwm olddi»crW"QE S4 IW tIMIff ftabo%4 Dal4' Upof1$U-^l payment 'VI r gq"I My havo ttr 4 raj l 9
V4
daf+ne o fo,tris ane danroa described ttD ve rWaR Use obove f!l%r Ins uarfaa carr;etty si<rdr ba
thereby forewat ti#sflnstgwt,m Z everts that 04 ftbove named inpunw o ;ay does not make t ab€nd!ar
.01 psymim?a[3"mVe oa rccadog to its wfft:I hbmkv wept fc r such paymrant aro 49tW to I S.25% 7 a sf Eq. 7f$
031 a Ctj"S WIftW On rims InV-21=ID Thi Ab&&rW"Od 01418 cds'rany at,6;e0t b e0 acro&O to all it
Wns and clan naps on ft 111voire. TERMS
! t i7saci 434.70
'FRM3;��tawrs,�s+nc�'NARGEa=�����€�nfct+Tn fz BSE��>u.'x��a w;LE�s cNF�:a ort cn,�fltx�accira,�«n
Rt P 1 ARP EP iAAR I L PHONE NO. : 9258031761 Phar. IE 2004 10:29AM Pi
f
CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY
BOARD ACTION:APRIL 20, 200+
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: $250,000.00
CLAIMANT: EARL LESLIE 'HELTSLEY
ATTORNEY: MICHAEL PETER SR1ANSKY, ESQ. DATE RECEIVED: MARCH 17, 2004
ADDRESS: SEMANSKY LAW FIRM BY DELIVERY TO ULERK ON: MARCH 17, 2004
535 MAIN STREET, THIRD FLOOR
MARTINEZ, CA 94553 BY MAIL POSTMARKED: HAND DELIVERED
FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
MARCH 17 2004 JOHN SWEE N rk
.Dated: By: Deputy
II. FkOKT County Counsel, TO: Clerk of the Board of Supervisors
(,,}`This 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 fled late and send warning of
claimant's right to apply for leave to present a late claim(Section 911.3).
( } Other:
Dated' - a� By: ��' L. ' � } Deputy County Counsel
III, FROM: Clerk of the Board TO: County Counsel (1) County Administrator(2)
( } Claim was returned as untimely with notice to claimant(Section 911.3).
IV. OARI:} 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 Ove 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: i ./ 62 JOHN SWEETEN, CLERK By Deputy Clerk
Claim to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY
INSTRUCTIONS TO CI.AIMA7!�1I'
i
A. Claims relating to causes of action for death or for injury to person or to personal property or growing
crops and which accrue on or before December 31, 1987, must be presented not later than the 100 'day
after the accrual of the cause of action. Claims relating to causes of action for death or for injury to
person or to personal property or growing crops and which accrue on or after January 1, 1988, must be
presented not later than six months after the accrual of the cause of action. Claims relating to any other
cause of action must be presented not later than one year after the accrual of the cause of action.
(Gov't Code 911.2.),
B. Claims must be filed with the Clerk of the Board of Supervisors at its office-in Room 106, County
Administration Building, 651 fine Street,Martinez, CA 91553.
C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of
the District should be filled in.
D. If the claim is against more than one public entity, separate claims must be filed against each public
entity.
E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at the end of this form.
RE: Claim By Reserved for Clerk's filing stamp
EARL LESLIE HELTSLEY ) RECEIVED
}
Against the County of Contra Costa or } MAR 17 2004
District
ct CONTRA or �a
CO.CO
(Fill in name) }
The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named district
in the sum of$ 250,000.O%nd in support of this claim represents as follows:
1. When did the damage or injury occur?(Give exact date and hour)
September 22, 2003, 11.00 p.m.
2. Where.did the damage or injury occur?(Include city and county)
971 23rd Street, Richmond, California.
3. How did the damage or injury occur?(Give full details;use extra paper if required)
The County of Contra Costa Sheriff personell wrongfully and unlawfully and with malice
transport, care for, treat Claimant in such a fashion as to allow him to be dropped
while in transport from an arrest, while he was being taken to the hospital and
treated at Contra Costa County Hospital and Merrithew Memorial Hospital in Richmond,
California, and did allow him to re-injure and re-fracture compound broken bone in his
right arm and re-injure his concussion and post-traumatic stress disorder and post-
concussive disorder, causing him serious personal injuries.
4. What particular act or omission on the part of county or district officers, servants, or employees caused the
injury or damage?
See response to No. 3.
5. What are the names of county or district officers, servants, or employees causing the damage or injury?
Unknown.
6. What damage or injuries do you claim resulted?(Give full extent of injuries or damages claimed. Attach
two estimates for auto damage.)
Re-injure and re-fracture compound broken bone in his right arm and re-injure his
concussion and post-traumatic stress disorder and post-concussive disorder.
7. How was the amount claimed above computed?(Include the estimated amount of any prospective injury or
damage.)
Medical. specials $100,000.00 and continuing; Loss of income $150,000.00.
8. Names and addresses of witnesses, doctors, and hospitals.
Doctor's Hospital, San Pablo, California.
9. List the expenditures you made on account of this accident or injury.
DATE TIME AMOUNT
Gov. Code Sec. 910.2 provides"The claim must be
signed by the claimant or by some person on his behalf."
SEND NOTICES TO: (Attorney
Name and Address of Attorney }
Michael Peter Semansky, Esq. )
Semansky Law Firm ) (Claimant's Signature) Claimant's Attorney
535 Main Street, Third Floor
Martinez, CA 94553 3427 Fleetwood Drive
(Address)
} El Sobrante, CA 94803
}
Telephone No. (925) 372-8766 )Telephone No. (510) 223-2524
NOTICE
Section 72 of the Penal Code provides:
Every person who,with intent to defraud,presents for allowance or the payment to any state board or officer,or to any
county,city,or district board or officer,authorized to allow or pay the same if genuine,any false or fraudulent claim,bill,account,
voucher,or writing,is punishable either by imprisonment in the county jail for a period of not more than one year,by a fine of not
exceeding one thousand(S 1,000),or by both such imprisonment and fine,or by imprisonment in the state prison,by a fine of not
exceeding ten thousand dollars(S 10,000),or by both such imprisonment and fine.
CLAIM
BOAR? OF SUPERVISORS OFCONTRA COSTA COUNTY 4' f
BOARD ACTION: APRIL 20 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), giver
Pursuant to Government Code Section 913 and
915.4,.Please note all"Warnngs".
AMOUNT: AMOUNT WITHIN THE JURISDICTION
OF THE SUPERIOR COUNT
CLAIMANT: MARY JENNIFER WATSON, KAILEY PAIGE
WATSON, A MINOR, CARIN JOAN JOHNSON
ATTORNEY: LARRY F. COOK DATE RECE tb
: MARCH 187 2004
ADDRESS: CASPER, MEADOWS & SCHWARTZ BY DELI'V'ERY TO C.LERK ON: MARCH 18, 20044
A PROFESSIONAL CORPORATION CALIFORNIA {PLAZA
2121 NORTH CALIFORNIA BLVD. , SUITE 4RIAIL POSTMARKED: HAND DELIVERED
WALNUT CREEK, CA 94596
FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
Dated: MARCH 18, 2004 JOHN SWE E k
By: Deputy
II, MOM: County Counsel., TO: Clerk of the Board of Supervisors'
( This claim complies substantially with Sections 910 and 910.2.
{ ) This Claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The
Board cannot act for 15 days (Section 910.8).
{ ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of
claimant's right to apply for leave to present a late claim(Section 911.3).
{ } Other:
Dated By: AL 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 9113).
IV. OA.RD ORDER: By unanimous vote of the Supervisors present:
{V This Claim is rejected in M.
{ ) Other
i
I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date.
.Dated: Y/ JOHN SWEETEN, CLERK., By P , Deputy Clerk
MARRING(Gov. code secti n 913)
Subject to certain exceptions, you hove 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 tinted
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
1 Larry E. Cook (State Bar No. 555705)
GASPER, MEADOWS&SCHWARTZ
2 A Professional Corporation
a
California Plaza ��` > 20"
3 2121 North California Blvd., Suite 1020
Walnut Creek, California 945951 , 7
-O vi rtrr�
4 Telephone: (925) 947-1147 � i,�
Facsimile: (925) 947-1131
5
Attorneys for Claimants
6 ,
7
8 MARY JENNIFER WATSON; KAILEY PAIGE CLAIM FOR PERSONAL INJURIES AND
WATSON, a minor; CARIN JOAN JOHNSON, PROPERTY DAMAGE
9 (Government Code §910)
Claimants,
10
vs.
11
COUNTY OF CONTRA COSTA; CONTRA
12 COSTA COUNTY SHERIFF'S DEPARTMENT;
DEPUTY SHERIFF SKIP WARREN,
13 1 Respondents. i
14 '
i
15
16 TO THE COUNTY OF CONTRA COSTA; CONTRA COSTA COUNTY SHERIFF'S
17 DEPARTMENT AND DEPUTY SHERIFF SKIP WARREN:
18 YOU ARE HEREBY NOTIFIED that Claimant, Mary Jennifer Watson, whose address
19 is Post Office Box 956, Alamo, California, 94507, telephone (925) 980-9108; Claimant, Kailey
20 Paige Watson, a minor, whose address is Post Office Box 956, Alamo, California, 94507,
21 telephone (925) 980-9108; and Claimant, Carin Joan Johnson, whose address is 5540 Olinda
22 Road, El Sobrante, California, 94803, telephone (510) 223-8501 claims damages from the
23 COUNTY OF CONTRA COSTA; CONTRA COSTA COUNTY SHERIFF'S DEPARTMENT;
24 AND DEPUTY SHERIFF SKIP WARREN in an amount within the jurisdiction of the Superior
25 Court.
26 This claim is based on personal injuries and property damage sustained by Claimants
27 on or about September 20, 2003 at 2519 Brandt Street, Pinole, California, under the following
28 circumstances:
CASPER,MEADOWS
&SCHWARTZ
2121 N.California Blvd.,
Surte10 02
Walnut ude20 94596 Claim For Personal Injuries And Property Damage (Gov. Code§910) Page 1
TEL:(925)647-1147
FAX(925)947-1131
i
1 On the night of September 20, 2003, Claimants Mary Jennifer Watson, Kailey Paige
2 Watson and Carin Joan Johnson, were sitting at the kitchen table of Claimant Mary Jennifer
3 Watson's residence when they heard someone walking in the street and Claimant Watson's
4 dogs started barking from the back yard and at the side gate. The dogs stopped barking.
5 Claimant heard someone talking in an angry tone in the street in front of the house. The dogs
6 began barking again. Claimants then heard someone approaching the house then forcibly
7 open the gate directly outside the window between Claimant Watson's house and the garage.
8 The dogs were now barking very loud and running from the back of the house up along side
9 the house. Claimant Johnson looked outside and saw one of the dogs running past the
10 window. Claimant Watson yelled for her dog, Zack and was at the front door and opened it.
11 Claimant Carin Johnson heard three shots and called 911. In all, about 17 shots were
12 fired. Claimant Watson's dog had been shot and sustained mortal wounds. In addition, shots
13 were fired into the house almost striking Mary and family members.
14 Police officers had entered Claimant's property without a warrant for any lawful reason.
15 Claimant had made no reports of a prowler or intruder. The dogs were simply protecting
16 claimant's property against trespassers. Thereafter, police officials sought to cover up what
17 had occurred. Claimants believe that some of the officers were stalking them in violations of
18 California Civil Code §1708.7. It was a terribly frightening ordeal.
19 The names of some of the public employees causing Claimants' injuries under the
€
20 € described circumstances are Deputy Sheriff Skip Warren (Badge No. 48575) and other
21 unknown and yet-to-be-identified law enforcement agents and supervisory personnel.
22 The injuries sustained by Claimants as of the date of the presentation of this claim
23 consist of the following: City employees committed trespass on claimant's property. They
24 assaulted Claimants by firing weapons at her inhabited dwelling in reckless disregard of her
25 safety. They were negligent. They wrongfully shot her dog, depriving her of their
26 companionship and her property. They intentionally and negligently inflicted severe emotional
27 distress on Claimants. The City itself failed to properly supervise the officers and ratified the
28 officers' conduct which they knew had been improper.
CASPER,MEADOWS
S SCHWARTZ
2221 N.California Blvd.,
Suite 1020
Walnut Creek,CA 94596 Claim For Personal injuries And Property Damage(Gov. Code §910) Page 2
TEL(925)947-1247
FAX(925)947-1231
i
1 Jurisdiction over the claim would rest in the Superior Court. All notices or other
2 communications with regard to this claim should be sent to Larry E. Cook, Casper, Meadows
3 & Schwartz, 2121 North California Boulevard, Suite 1020, Walnut Creek, California, 94596.
4
5
6 Dated. March 18, 2004
7 , RY E. COOK
CASPER, MEADOWS&SCHWARTZ
8 Attorneys for Claimants
9
10
i
11
12 it
13
14
15 3
3
16
f
_
17 !
i
18 '
i
_
19
20 i
21
22
23
24
25
26
27
28
CASRER,MEADOWS
&SCHWARTZ
2121 N.California Blvd.,
Suite 1020
Walnut Creek,CA 94596 Claim For Personal Injuries And Property Damage(Gov. Code§910) Page 3
TcL(925)947-1147
FAX(925)947-1131
I
1 PROOF OF SERVICE (C.C.P. §§1013, 2015.5)
2 RE: Watson v. County of Contra Costa, et al.
3
4 1 am a citizen of the United States and am employed in the County of Contra Costa,
5 State of California. I am over eighteen (18) years of age and not a party to the above-
entitled action. My business address is 2121 North California Blvd., Suite 1020,
6 Walnut Creek, CA 94596. On the date below, i served the following documents in the
manner indicated on the below-named parties and/or counsel of record:
7
8
g CLAIM FOR PERSONAL INJURIES AND PROPERTY DAMAGE
10
11
12 ❑ U.S. Main, with First Class postage prepaid and deposited in sealed envelopes
13 at Walnut Creek, California.
14 ❑ FACSIMILE TRANSMISSION from (925) 947-1131 during normal business hours,
complete and without error on the date indicated below, as evidenced by the
15 report Issued by the transmitting facsimile machine.
16 ® Wand-Delivery Via Courier
17 ❑ Other:
18 Clerk, Board of Supervisors
19 j County of Contra Costa
651 Pine Street, Room 106
20 Martinez, California 94553
21
22
23 1 declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct and that 1 am readily familiar with this firm's practice for
24 collection and processing of documents for mailing with the U.S. Postal Service.
25
26
Dated: / � f� �lLra
27 S ANNON M. BOWERS
28
GASPER,MEADOWS
&SCHWARTZ
2421 N.CALIFORNIA
BLVD.,#1020
WALNUT CREEK CA
94596
(925)947-1147
CLAIM ;. ►
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY '
YiiYM1�Y I /i. Y MIY.Y
BOARD ACTION: APRIL 20, 2044
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: $5,917.18
CLAIMANT: TOM E. HODGSON
ATTORNEY: UNKNOWN DATE RECEIVED: MARCH 17, 2004
ADDRESS: 1033 VETERANS COURT BY DELIVERY TO(,.:i.,ERK ON: MARCH 171 2004
MARTINEZ, CA 94553 RECEIVED FROM RISK
BY MAIL POSTMARKED: MANAGEMENT THROUGH
MEM 677R ME
FROM: Clerk of the.Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
JOHN SWEW=04��
Dated: MARCH 171 2004 _ By: Deputy
II, MOM: County Counsel.. TO: Clerk of the Board of Sup `sors
{t'his claim complies substantially with Sections 910 and 914.2.
{ } 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: _ B y 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. OARD 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
99
WARNING(Gov. code sectiefi 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 IS, 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: ✓/ c / JOHN SWEETEN, CLERK By Deputy Clerk
t1a r 12 04 01 : ?7i_ - -Tom Hodgson
P4�6
clalic to a BCAM OF SUPERVISOn OF CONTRA COSTA CCUNTY
INSTRUCTIONS TO CLAD014T
A. Claims, relating to causes of action for death or for injury to person Or to per-
sonal property or g.-owing crops and which accrue or, or before 1)ecember 31, 1987,
=ust be presented not later than the 100th, day after the accrual of the cause Of
action. Claims, relating to causes of action fordeath, or for injury to Person
or to personal property or gmwirig crops and which acc,=ue, on or after January 1,
1988, must be presented not later than six months of the accrual of the Ca=e
of action. Claims relating to any other cause of action munt be presented not
later than ome year after the acenal of the cause of action. (Govt. Code §911.2.)
B. Clai= est be filed with. the Clerk of the Board of Supernylzon at its office in
Rocc 106, County Administration Building, 651 Pim Street, Martinez, CA 94553.
C. If claim is against a district governed by the Board of Supervisors, rater' thzn
the County, the name of the District should be filled in.
D. If the claim is against more than one public Vitity, separate claims must be-
fl 4 led against each pub? entity.
is entI
1. -
E. ' Fraud. See penalty for fraudulent claims, Penna l, Code Sec. 72 at tine end of t,;.,1_iS"
form.
RE: Claim By 1 'Reserved for Clerk's filing stamp
Agairst Vie County of Contra Costa MAR 1 7 2004
or CL
ERKBOARD OF SUPER
District) C COSTA CO.ISORS
TiU: li3 nye
The gide.-signed Claimaxit hereby makes claim against the County of Contra Costa or
the above-named District in the sum of and in support. of
this claim represents as follo,.-,:
I. When did the dame or inury occur? (Give exact date and hour)
- 041
2. Where did the damage or injury oczuzo? (Include city and county)
e 0 11,Lk itlkAlk- 4A r'L-;
3. How did the damage or injury occur? (Give full details; use extra Paper if
required) #aV.VQIN 5o ✓ Lt a 5 P/ eic e t u r^nJ o
Prot e eer C.0AJO,_14,
_C
to 5 13 0 I'WA CA I `3-C-o -t;e,;-, A ee. av 4
Irlew- It Lou- 6 4 e A
4. What, particular act, or omission on the part of county or district officers,
servaat.3 or.employees caused. the injury or dazage?
-r 117
Acj7 S, s^u c-ik ou ir- c ov-
tear 12 04 01 : 25p Tom Hodgson 925-335-9333 p. 1
j, wrac are the naiDes of coup;y or district officers servants or employees causirIg
the damage or in,lu.rr?
fig ►CXR ( Co n4 &,1 i 5-k Lo
Y/x..
What damage or injurie- do you claim resulted? (Give full extent of injuries or
damaZes chained. Attach two estimates for auto damage.
r'e.e b- v t[l r / v 'p.7"l e ( :�u} rut&a.Cy h�fc�y d•tee/ V r.-,Oer•c�
rC 014 {� � s.Cr Y + [t tent,-#Y ctJLl � �LVi71 �' llfVa+S k9VC� lj<s ✓sde+Y °�° � f9d.n+�C'��
7. How was the a=unt' claimed above computed? (Include the estimated amunt of any
prospective injury or damage.)
y � oto S/,{ ..��v ►� yam.
�.�l y yV f-r.v* C a ee to c+l t'� .a9 7� G i�c>j' `G r av 0
t'�rr5 :t uwcY- Gr rwh�.rl LUuS inJ C'ccr S'l:aci+ <=e+aacdr`�rc+ .hr�
�. Names and addresses of wit.7esses, doctors and hospitals.
"C(C
9. List the expenditures you made cin account of this accident or in,jui-y:
DATE T'Z'EM AMOUNT
If` ` rt-t 'b- fS'c: ApE'7. a t3
_ Jf
f . ,p�j t�+� S rz r ;+�vry Y Jay,
j .. ;,�� f '1•,�3 -G'`( /�t3'�Y'a rrar�d r �i 1� Z Or ,+ci rrf1C r•• t�`��
�$/-y .� G��a,'tY 4 �tq�t
*.* * * it * # # #
Gov I. 'Cane Sec. 911:2 provides:
"The claim must be signed by the claimant
SEND NOTICES TO: (Attorney) or some oerson on his half."
Nr',.+le and Address of Attorney
Gla .. 5i
/0 3
Address
A.
Telephone No. T � '`7
p Telephone,. Na. ��� - :2,�
NOTICE
Section 72 of the Perms. Cie provides:
"Every person who, with intent to defraud, presents for allowance or for
paymer:t to any state `oc erd 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,(100) , or by both such imprisonment and fine;- or by imprisonment in
the state prison, by a fine of not exceeding ten thousand dollars ($10,000, or by
both such irmri.sonment and fine.
Mar 12 04 01 : 2Sp
'tam i•tadtson
County Adrninistrator Contra
L
Risk Manargertlent Division /(��'��
:?530 ArnGSC Drive,Suite 1401 4.l
Martin�;c, Caliirarnia 9553 �35k l+�lan��emont
Csta
Count/ Administration (925)335-1450
�L}}''
Fax plumber (925)135-1421
X.
CONSENT FOR THE REL E,
OF MEDICAL 11,vlwORIMATI6N
0hr authorize 1✓-c f S e.-
(Name of Patient) (Provider of1-4ealth Care)
to disclose to the bearer, who represents the Co=ry of Contra Costa -- Risk lgr�an� ent
Division and/or designated copy service, all medical information necessary to substantiate a
claim initiated by rne.
I hereby consent and request that &,e bearer be permitted to examine and obtain copies of all
hospital and medical records of every sort and bind, interview doctors and other attendants
re-ardincr all matters relating to examination, diagnosis, care and treatment of myself
I understand that this Consent for the Release of Medical Infor nation will remain valid unless
canc:Iled by mea
I hereby acknowledge that I have received a copy of this Consent for Release of ?Medical
Information. It is understood that a photostat of this authorization is as valid as the original.
�r
Date: ��— � Slull°d: l,,.r''r..�c.� ../ ,qtr--L._._ f-, �l.y
Address: to ," 64
I1Y
(Conservator or Guardian)
Date of Birth:
Social Security No.
mar ip o4 01 : 277 TOM Hodgson
Date: 311 V200411:14 AM
Estimate ID: 2287766
Estimate Version: 0
Preliminary
Profile ID: ONEALS SIS
ONEAUS BODY SHOP
895 HOWE RO SUITE H MARTINEZ CA 94553
(925)228-6410
Fax: (929)228-6505
Damage Assessed By: JEFF HUNTLEY
Deduct;ble., UNKNOWN
Claim Number: 2287766
Insured: TOM
Mitchell service: 911000
Description. 1958 Ford Thunderbird
Body Style: 20 HT Drive Train:
Uno Entry Labor Line Item Part Type; Dollar Labor
Item Number Typo Operation Description _ Part Number Amount Units
T - 9 FO 5'0"0 iDY- REPAIR TF�WigCCFA� U�-USED& Existing - -' - ' - - * S.'o, '
2 900500 BDS- REMOVE/INSTALL ALL OP RT DOOR QTAUNK TRIM Existing 14.0*
3 900500 REF- REFINISHIREPAIR PTOP @,SLr=?JD RT DOOR @TRUNK Existing 10.0*
4 931076 BOY REMOVE/REPLACE RIGHT QUARTER PANEL Qual Recycled Part 550,00 18.0*
5 931090 BOY REPAIR INNER QUARTER Existing 3,01
6 900500 REF' REFINISKIRE PAIR CLEARCOAT Existing 2,5'
7 933003 REF ADD*L OPR TINT COLOR 0.5.
8 933005 BDY ADO'L OPR RESTORE CORROSION PROTECTION 20.00 1,01
9 933017 REF ADD'L OPR FINISH SAND AND BUFF 3.0*
10 533018 REF ADD'L OPR MASK FOR OVERSPRAY 5.00 OX
11 AUTO AOD'L COST PAINT!MATERIALS 351,00
12 AUTO AOD'L COST HAZARDOUS WASTE DISPOSAL 5.00,
Judgement Item
Add'I
Labor Sublet
1, Labor Subtotals Units Rate Amount Amount Totals It. Part Replacement Summary Amount
Body 3tl.0' 65.00 2E,06 0.00'- -1,97-000 Taxablo Parts 550-.00
8dy-S 14,0 65.00 0.00 0.00 910.00 Parts Adjustments 137.50
Refinish 16.2 65,00 5.010 0.00 11058.00 Sales Tax @ 8.250% 56.72
Non-TaXable Labor 3,938.00 Total Replacement Parts Amount 744.22
Labor Summary 60.2 3,938.00
ESTIMATE RECALL NUMBER: 311112004 11:14:33 228 7766
UltraiMate,is a Trademark of Mitchell International
Mitchell Data Version: Copyright(C)1994-,2003 Mitchell International Page I of 2
ultram.ate Version: 5.0.021 All Rights Reserved
Mar 12 04 01:27p Tom Hodgson 825-335-5353 P•3
�. Daae: 3111t200411:1d AM
Estimate ID: 2267-166
EStimate Version: 0
9teliminary
Vcofila lt): UNEAL$f3tS
Amount_
Amount N. Adiustments
�351,t90 Gustomcrfiesponsibitity
ak, Additional Gusts 26 96
Taxable Costs
Sates Tax 5,00
Non-Taxable Costs 3 qs
Total Additional Costs 3,838.06
S. Total Labor. 744.22
IE. 'Total Replacement Parts: 364.96
Total Additronal Gusts: Tafel: S,CG7„1Q
Gross
0.00
ry, Total Adjustments: /1, 5,067.18
Net Total:
fhis is a re#imina estimate. �r+�'
Ad d! thanaes to the estimate ma be ra uired for the actual re aiY•
tnsuta,te Co: Co COUNTY CF' VzPAIRS ON 24Y
I lst�sy AUTHOR zE OMAz,s aoi�� SHOP TO cot�r�
VEg:LCLF, PEFt THIS ESTIMATE•
DATE
5. wrlair, are Lae names of counry or dlstriCt officers, servants or employees causing
the damage or injury?
tm 7�Na4 4�}rf6 Lti 5k@-r Ns reVS.,r r,..y a Lerrf or�a .
..,.,....o.__�. .��,..o t _-
5. What damage or in,juries�do you claim resulted? (Give full extent of injuries or
dames claimed, Attach two esti=tes for auto damage, ;A e ,,,,,,y,,
r t'.,r �;,ta:.�tm.- j3�,we t :.sou� C $ 'Y YwP�s,r• a.,...� rY4u{`( ,6,�+,
rC.Irtar '7r r' re��T /o,.+r
7. Hai: tars the amount claimed above computed? (Include the estimated amount of any
prospective ir-jury or dacage.) 5,fV¢yt( X r.t o S �vl�' r��� ��,• �`�c>�
arUlAJ 01 f •'o(6 i,+ 112y A,e o,sa610 v( e,-
1A,1
'cin/ t'ar 5' asv c'an.sli2.r•�/.
Names and addresses of w” tnesses, doctors and haspitals.
ABED CLAIM `
BOARD 4 SUI'IERVi 2 S OF CONTRA COSTA COUNTY
BOARD ACTION: APRIL 20, 2004
Claim Against the County, or District Governed by
the Beard of Supervisors,Routing Endorsements, } NOTICE TO CLAIMANT
and Board Action. All Section references are to ) The copy of this document mailed to you is your
California Government Codes. notice of the action taken on your claim by the
Board of Supervisors. (Paragraph IV below), given
Pursuant to Government Code Section 913 and
915.4. Please note all"Warnings''.
AMOUNT. UNKNOWN
BLACKHAWK HOMEOWNERS ASSOCIATION
CLAIMANT: FORMERLY KNOWN AS COUNTRY CLUB AT
BLACKHAWK IMPROVEMENT ASSOCIATION, INC.
ATTORNEY: .TORN J. FRITSCH, ESC DATE RECEIVED: MARCH 08, 2004
ADDRESS: LAW OFFICES OF DAVID F. BEACH, P.9Y DELIVERY TO (,,LERK ON: MARCH 08, 2004
100 STONY POINT RD. , SUITE 185
SANTA ROSA, CA 95401 BY MAIL POSTMARKED: MARCH 05, 2004
FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
JOAN SWE T Jerk
Dated: MARCH 08, 2004 By: Deputy
11. MOM: County Counsol. TO: Clerk of the Board of Supe 'sons
( s 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 I5 days (Section 91.0.8).
( } 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: I3y: 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, ARD ORDER.: By unanimous vote of the Supervisors present:
{ ly This Claim is rejected in full.
( ) Other:
k
I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date.
Dated: Yrs +' 0240,4gfJOHN SWEETEN, CLERK, By ,.Deputy Clerk
WARNING(Goer. 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 oft 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.
4
Dated: "f ✓ JOHN SWEETEN, CLERK.By Deputy Clerk
.e
Claim to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY
NTRUONS TO QA24AN1
4
A. Claims relating to causes of action for death or for injury to person or to personal property or gVday
ng
crops and which accrue on or before December 31, 1987,must be presented not later than the
after the accrual of the cause*faction.Claims relating to causes ofaction for death or for injury to
person or to personal property or growing crops sad which accrue on€t after January 1, 1988,must be
presented not later than six months after the accrual of the cause ofactialL Claims relating to any tither
cause ofaction must be presented not later than one year after the acoual Of the cause afaction.
(Gov't Code 911.3.),
8. Claims must be!fled with the Clerk of the Board of Supervisors at its airs in Room 105,County
Administration Building,651 Pine Street,Martinm CA 94553.
C. If claim is against a district governed by the Board of Supervisors,rather than the County,the name of
the District should be filled in.
D. If the claim is against more than one public entity, separate claims must be tiled against each public
entity.
E, ru . See penalty for$audulent claims,Penal Code Sec.72 at the end of this farm.
•+�ses��t#a�+cwt*s�trtt�r*�+r+►e#rs�lr�tas�►tf��tw�0lrisrsi�+��+Ms�es+kyr,itty�»�rw+v►r+k*ts�+rrss+r��e+trrr�•
RE: Claim ply Reserved for Clerk's filing stamp
}
Blackhawk Homeowners Association
formerly known as Country Club at ���
Blackhawk Improvement Association, Inc.
Against the Courdy of Contra Costa or _� AR 0 8 2004
Blackhawk Geologic Hazard Abatement
District)
.�Tf ^n S^
U �}ytSG S
(pill in name) )
The undersigned claimant hereby makes claim against the County of Contra Costa or the above-nam d district
in the sum of S „sem �_ and in support of this claim represents as follows.
attachment (Item #3)
1. When did the damage or Injury occur?(Give,exact date and hour)
December 8, 20103 - Time : Ongoing
2. Where did the damage or injury omr7(Include city and cottmty)
Arising out of incidents at or about
353 Sequoia Terrace, Danville, CA (Contra Costa County)
3. How did the damage or injury occur?(Give full details;use extra paper ifrovired)
See attachment ('Item #1)
4. What particular act or omission on the put of county or district officers, servants, or employees caused the
injury or damage?
See attachment (item #2)
S. Whitt at the names of county or district officers,servants,or employees causing the damage or injury?
See attachment (item #2)
6. What damage or injuries do you claim resulted?(Give full extent of injuries or damages claimed. Attach
'Mo estimates for auto damage.)
See attachment (Item #3)
7. How was the amount claimed above computed?(Jaclude the estimated amount of any Prospective injury or
damage.)
See attachment (Item #3)
8. Names and addresses of witnesses,doctors,end hospitals,
Doctors and hospitals - NIA
Witnesses - See attachment (Item #4)
9. List the expenditures you made on account of accident or injury.
DAM IM AMD=
See attachment (Item #3)
Gov,Code See,910.2 provides"The claim must be
signed by the claimant or by some person on his behalf
JOHN J. FRITSCH, ESQ.
Name and Address of Attorney
JOHN J. FRITSCH, ESQ.
LAW OFFICES OF DAVID F. BEACH, P.C.
100 Stony Point Rd. , Suite 185 (Oaitn�i Signature)
Santa Rosa, CA 95401
(Addftu)
Tglttphofte)q&. 707-547-1690
Telephone No,
NMCE
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Every prison wba,with 1Mt*to MNLA pt*wats for&Ww%jwt of ft pammi to any sate boud at officer,of 10 any
wm'Y*dV,or district board or out r4miud to allow or pay the saute i(gaui;nt,say false or baud"t don,bUk m==L
vowbat,or wftaj,is pWabablo diber by impdsowca in tM OMMY jail for*paiad ct nco MOTO dMA 0M year,by a am of rM
cxm&sg w ftaund or byboih wA W*ftamcnt&W But,or by Jmpftumeat in the state prima,by a Ant of
ext eefts in*=Md dollan(510Mat by both mcit impiwnment sired Am.
AT'T'ACHMENT TO LIABILITY CLAIM FOR DAMAGES BY BLACKHAWK
HOMEOWNERS ASSOCIATION INC., formerly known as COUNTRY CLUB AT
BLACKHAWK IMPROVEMENT ASSOCIATION INC. AGAINST BLACKHAWK
GEOLOGIC HAZARD ABATEMENT DISTRICT
1. HOW DID THE DAMAGE OR INJURY OCCUR?
On or about December 8, 2003, Blackhawk Homeowners Association ("BHA") was
served with an amendment naming BHA as a DOE defendant in the consolidated action entitled
Darlene Lowe v. brill Tecta Drilling& Shoring, .INC., et al. (Superior Court of California,
County of Contra Costa, Case Number CO 300394.) Plaintiff in the action seeks an unspecified
amount of damages from BHA in the amended complaints.
On January 24, 2001 and again on November 30, 2001 BHA entered into written
agreements whereby Blackhawk Geologic Hazard Abatement District ("GHAD") was to perform
construction activities on the property of BHA, which is located within the boundaries of CHAD,
in the open space property near Sequoia/ Conifer Terrace, Danville California(Assessor's parcel
No. 203-740-007).
Plaintiff, an adjacent property owner, is apparently suing BHA, and other defendants, for
damages that occurred to plaintiff s property as a result of the work performed by CHAD.
2. WHAT PARTICULAR ACT OR OMISSION ON THE PART OF COUNTY OR
DISTRICT OFFICERS,SERVANTS. OR EMPLOYEES CAUSED THE INJURY
OR DAMAGE? (What are the names of county or district officers, servants, or
employees causing the damage or injury?)
At this time, BHA is unfamiliar with the specific agent(s), employee(s) or
representative(s) of the CHAD who caused BHA's injury or damage. However, BHA claims
that certain acts or omissions by the CHAD, and its agents, employees and representatives,
caused the injury or damage suffered by BHA. (Government Code section 820.)
Had CHAD, its agents, employees and/or representatives fulfilled their duties with
respect to the two contracts mentioned above BHA would not be a defendant in this lawsuit and
would not be exposed to defense costs and potential liability.
Accordingly, BHA's theories of liability against CHAD, its agents, employees, and/or
representatives, include but are not limited to the following:
a. Common law negligence. CHAD, its agents, employees and representatives had a
duty, by virtue of the foreseeable damage to plaintiff's property, inherent in the
nature of extensive earthwork operations, absent reasonable precautions, to use
due care in the design,planning, development, and construction of repairs and
installations performed under the contracts.
1
b. Statutory negligence under Civil Code section 1714. CHAD, its agents,
employees and representatives had a duty to use due care in the design, planning,
development, and construction of repairs and installations performed under the
contracts.
C. Public Nuisance under Civil Code sections 3479-3480. CHAD, its agents,
employees and representatives had a duty not to obstruct the free use of property,
so as to interfere with the comfortable enjoyment of life or property, either during
the execution of its agreements or as a result of its work thereunder, and failed to
do so. Said actions created a public nuisance, causing damage to BHA.
d. Private Nuisance under Civil Code sections 3479, 3481. CHAD, its agents,
employees and representatives had a duty not to obstruct the free use of property,
so as to interfere with the comfortable enjoyment of life or property, either during
the execution of its agreements or as a result of its work thereunder, and failed to
do so. Said actions created a private nuisance, causing damage to BHA.
C. Failure to provide lateral support under Civil Code section 832. GHAD, its
agents, employees and representatives had a duty to prevent its work under the
agreements from causing the loss of lateral support to adjacent properties and
breached said duty.
f. Declaratory relief under Code of Civil Procedure section 1060 because an actual
controversy has arisen and exists between BHA and the CHAD, its agents,
employees and representatives regarding GHAD's duties and obligations under
the agreements.
g. Express contractual indemnity under Civil Code section 2278. Both agreements
signed include the following clause:
4.C. "Except as provided otherwise in subparts D and E of this section,
CHAD shall defend, indemnify, save, and hold harmless OWNER
from liability, claims, actions, causes of action or demands
whatsoever for personal injury or death and 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."
h. Implied contractual indemnity. Under the two agreements mentioned above,
CHAD, its agents, employees and representatives contracted to install subsurface
monitoring devices and provide landslide repair work on BHA property. Among
other things, GRAD, its agents, employees and representatives did not meet their
standard of care in completing the contracted work, breaching the agreements, as
the installation and repairs were completed with numerous, serious defects.
2
i. CHAD is liable for the acts of its agents, employees and representatives as set
forth in Government Code sections 820(a) and 825(a), et seq.
3. WHAT DAMAGE OR INJURIES DO YOU CLAIM RESULTED' (How was the
amount claimed above computed? List the expenditures you made on account of
this accident or injury.)
The total amount of the claim is unknown at this time and depends on the amount of
damages, if any, obtained by Plaintiffs in their complaint against BHA. BHA cannot estimate
the amount of any prospective injury or damage at this time, but if liability is for some reason
attached to BHA, the damages alleged by the Plaintiff.
BHA is unable to compute the amount of the claim at this time, and is unable to estimate
prospective damages at this time.
BHA is unable to compute the expenditures made to date.
4. NAMES AND ADDRESSES OF WITNESSES,DOCTORS , AND HOSPITALS
a. Contra County Counsel Silvano Marchesi and Victor J. Westman, and William R.
Gray of CHAD, all who signed one or both contracts. Drill Tech Drilling and
Shoring, Inc., Siteworks Construction, Inc., and Pacific Coast Steel who either
performed the work at the Project or were suppliers to the Project. The County
should have in its possession the addresses and telephone numbers of each of the
above individuals.
b. Plaintiff Darlene Lowe.
Represented by:
Chipman Miles, Esq.
Chipman Miles &Associates
1407 Oakland Blvd., Suite 107
Walnut Creek, CA 94596
Telephone: 925-938-4500
3
LAW OFFICES OF DAVID F. BEACH
A PROFESSIONAL CORPORATION
100 STONY POINT ROAD SUITE 185
SANTA ROSA,CA 95401
TELEPHONE: 707 547-1690 FAX: 707 547-1694
DAVID F.BEACH OF COUNSEL:
JOHN J.FRITSCH THOMAS E.BEACH
SARAH HEMBROW REC
ROSE MARIE TANTILLO,R.N.,J.D.
ANNETTE HOLLAND March 5, 2004 �Jj/{
GARY G.DEV;NE "'HR Q 8 2004
CLERK 8 " Q Si UU
CONTRA CQSTA ERIVISORS .
CERTIFIED MAIL- RETURN RECEIPT REQUESTED
o.
Clerk, Board of Supervisors
Contra Costa County
651 Pine Street, Rm. 106
Martinez, CA 94553
Re: Darlene Lowe vs. Drill Tech Drilling, Blackhawk HDA, et al.
Superior Court of California
County of Contra Costa Case No. CO 300394
Dear Clerk:
Enclosed please find a claim for processing by your office.
If you have any questions, please give me a call. Thank you.
Cordially,
JOHN J. FRITSCH
JJF:kv
Enclosure