HomeMy WebLinkAboutMINUTES - 05172005 - C9 4
` CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY
BOARD ACTION,.MAY 17, 2005
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".
$25,000.00
AMOUNT: EXCEED
CLAIMANT: LINDA RUSH AND PRISCILLA FRANKLIN
ROBIN L. NICKEL APRIL 13, 2005
ATTORNEY. DATE RECEIVED.
ADDRESS: MAIRE & BEASLEY BY DELIVERY TO CLERK ON: APRIL 13, 2005
2851 PARK MARINA DRIVE, SUITE 300
P.O. DRAWER 994607 RECEIVED THOUGH
REDDING, CA 96099-4607 BY MAIL POSTMARKED: INTER-OFFICE MAIL
FROM C.A.O.
FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
JOHN SWEET rk
Dated: APRIL 13, 2005 By: Deputy
II. MOM: County Counsel, .: TO: Clerk of the Board of Supervisors
( his claim complies substantially with Sections 910 and 910.2.
( ) This Claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The
Board cannot act for 15 days (Section 910.8).
( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of
claimant's right to apply for leave to present a late claim (Section 911.3).
( ) Other:
Dated: l By: Deputy Count Counsel
p Y Y
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.
O Other:
I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date.
Dated: JOHN SWEETEN, CLERK, By Deputy Clerk
WARNING(Gov. code section 913
Subject to certain exceptions, you have only six(6) months from the date this notice was personally served or deposited
in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an
attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so
immediately. *For Additional Warning See Reverse Side of This Notice.
AFFIDAVIT OF MAILING
I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United
States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully
prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above.
Dated: If, o,910A0____JOHN SWEETEN, CLERK BY Deputy Clerk
This warning' does not apply to claims which are not
subject to the California Tort Claims Act-such as actions
in inverse condemnation, actions for specific relief such
as mandamus or injunction, or Federal Civil Rights
claims. The above list is not exhaustive and legal
consultation is essential to under'stand all the separate
limitations periods that may apply. The limitations period ''"
within which suit must be filed may be shorter or longer
depending on the nature of the claim. Consult the specific..
statutes and cases applicable to your particular'claim.
The County of Contra Costa does not waive.any of its
rights under California TOrt Cl'a'im s' Act nor does it waive
of limitationsrights under thestatutes applicable to
actions not subject to the California Tort Claims "Act,
oi,
t
1 Robin L. Nickel, State Bar No.: 176758
2 MAIRE&BEASLEY
Post Office Drawer 994607
�►
3
Redding, California 96099-4607
g
4 (530) 246-6050/246-6060 fax APS
CLERK
rjf
6 y(s) 8 '�
Attorney(s)for Claimants, CpC0141101C0$1A
LINDA RUSH and PRISCILLA FRANKLIN
7
8
9 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
10 IN AND FOR THE COUNTY OF CONTRA COSTA
11
12
13 LINDA RUSH, and PRISCILLA CASE NO.:
FRANKLIN,
14 GOVERNMENT CLAIM
15 Claimants, [Govt. Code§910]
16
17 vs.
18 MOUNTAIN VIEW SANITARY
19 DISTRICT/COUNTY OF CONTRA
20 COSTA, and DOES 1 through 10, inclusive,
21 Respondents.
22 /
23
24
To the Clerk, Secretary, Auditor, Public Works Director, or Governing Body of
25 MOUNTAIN VIEW SANITARY DISTRICT/CONTRA COSTA COUNTY, 651 Pine
26 Street, 11th.Floor,Martinez, California,94553,925-335-1080:
27 CLAIMANTS' NAME,ADDRESS AND TELEPHONE NUMBER
28 Linda Rush
29 19680 Boyd Lane
30 Cottonwood,CA 96022
31 (530)347-3397
32 Priscilla Franklin
33 930 Bella Vista Street
Martinez,CA 94553
3 4 //
MAIRE do BEASLEY
2851 Park Marina Dr.
Suite 300
P.O.Drawer 994607 GOVERNMENT CLAIM PAGE 1
Redding,California
96099-4607
(530)246-6050
1
t
ti
1 ADDRESS TO WHICH NOTICES ARE TO BE SENT
2 Robin L. Nickel
3 MAIRE&BEASLEY
4 2851 Park Marina Drive, Suite 300
P.O. Drawer 994607
5
Redding,CA 96099-4607
6 (530)246-6050
7 AMOUNT OF CLAIM
s
The amount claimed, as of the date of presentation of this claim, is computed as follows:
9
10 1. Medical expenses according to proof;
11 2. Property damage according to proof; and
12 3. General damages in an amount in excess of $10,000 are being claimed herein.
13 Therefore, pursuant to Government Code section 910(f), the exact sum is not indicated herein.
14 The amount of jurisdiction dams es claimed herein brin s this matter within the of the Su erior
g gP
15
16 Court of Contra Costa County, in that the claimed damages exceed$25,000.
17 NAME OF THE PUBLIC EMPLOYEE GIVING RISE TO THIS CLAIM
18 Unknown.
19 DATE OF INCIDENT
20 October 24,2004.
21 FACTS OF THE INCIDENT GIVING RISE TO THIS CLAIM
22
23
On or about October 24, 2004, claimant LINDA RUSH was visiting her daughter
24 PRISCILLA FRANKLIN who resided at 930 Bella Vista Street, in the city of Martinez, County
25 of Contra Costa, California.
26 At that time, Mountain View Sanitary knew, or should have known, that the sewer in the
27 area surrounding 930 Bella Vista Street, in the city of Martinez, County of Contra Costa,
28 California, was in a dilapidated condition and in need of maintenance and repair, and Mountain
29
View Sanitary District failed to adequately inspect,maintain, and repair the sewer.
30
31 As a result of respondents' failure to exercise reasonable care in inspecting, maintaining,
32 and repairing the sewer system in the neighborhood of the residence located at 930 Bella Vista
33 Street, in the city of Martinez, County of Contra Costa, California, sewage backed up into the
34 bathtub and toilets of the residence located at 930 Bella Vista Street, in the city of Martinez,
MAIRE&BEASLEY
2851 Park Marina Dr.
Suite 300
P.O.Drawer 994607 GOVERNMENT CLAIM PAGE 2
Redding,California
96099-4607
(530)246-6050
1 County of Contra Costa, California, and owned and occupied by claimant PRISCILLA
2 FRANKLIN.
3
As a result thereof, claimant LINDA RUSH went underneath the house intending to
4
5 inspect the sewer line to prevent the sewage from continuing to contaminate and damage the
6 residence located at 930 Bella Vista Street, in the city of Martinez, County of Contra Costa,
7 California. At that time, the plug to the sewer line exploded away from the sewer line, and raw
8 sewage forcefully flowed from the sewer line underneath the house located at 930 Bella Vista
9 Street, in the cit of Martinez, Count of Contra Costa, California. As a further result, claimant
Y Y
10
11 LINDA RUSH was sprayed and covered with raw sewage. The raw sewage continued coming
12 from the pipe and, as a result, claimant LINDA RUSH was required to hold a conduit in place
13 for 2 and 1/2 hours to prevent the sewage from damaging and possibly irreparably destroying the
14 home located at 930 Bella Vista Street, in the city of Martinez, County of Contra Costa,
15 California.
16 As a direct, roximate, immediate, and foreseeable result of the negligence of the
P
17
18
respondents, personal property and floor coverings owned by claimant PRISCILLA
19 FRANKLIN, and located in the residence at 930 Bella Vista Street, in the city of Martinez,
20 County of Contra Costa, California was wrecked, ruined, and destroyed, all to her damage in an
21 amount which cannot yet be ascertained. The claimants will seek leave to amend the complaint
22 to allege such amount when it becomes more certain.
23 As a direct, roximate, immediate, and foreseeable result of the negligence of the
24 p
respondents, claimant LINDA RUSH was inured in her health, strength, and activity, sustaining
25
26 injury to her body and shock and injury to her nervous system and person, all of which injuries
27 have caused and continue to cause claimant great mental, physical, and nervous pain and
28 suffering. These injuries will result in some permanent disability to claimant, all to her general
29 damage in an amount according to proof and in excess of the general jurisdictional requirements
30 of this Court.
31 As a further, direct proximate,oximate, immediate, and foreseeable result of the negligence of
32
33 respondents, and each of them, claimant LINDA RUSH was forced to hire physicians and
34 undergo other and further expense as and for her medical care, in a sum according to proof.
MAIRE&BEASLEY
2851 Park Marina Dr.
Suite 300
P.O.Drawer 994607 GOVERNMENT CLAIM
Redding,California PAGE 3
96099-4607
(530)246-6050
1 As a further direct, proximate, immediate, and foreseeable result of the negligence of the
2 respondents, and each of them, claimant LINDA RUSH lost time from work and has been
3 greatly reduced in her working capacity. Plaintiff is informed and believes and on such
4
5 information and belief, states that said loss of wages and reduction in earning capacity will
6 continue on into the future, in a sum according to proof.
7 All notices or other communications with regard to this claim should be sent to Maire &
8 Beasley, P.O. Drawer 994607,Redding, California, 96099-4607.
9 Dated: April 8, 2005
10
11 MAIRE&BEASLEY
12
13
14
15 B BIN L. NICKS ,
Attorney(s)for Claim t ,LINDA RUSH
16 and PRISCILLA IN
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
MAIRE&BEASLEY
2851 Park Marina Dr.
Suite 300
P.O.Drawer 994607 GOVERNMENT CLAIM PAGE 4
Redding,California
96099-4607
(530)246-6050
.y
l Re: RUSH and FRANKLIN v. MOUNTAIN VIEW SANITARY DISTRICT
2
3 PROOF OF SERVICE
-------
4 I am a citizen of the United States and employed in Shasta County, California; I am over
5 the age of eighteen years and not a party to the within action; my business address is 2851 Park
6 Marina Drive, Suite 300, Redding, California 96001; P.O. Drawer 994607, Redding, California
96099-4607; on this date I served:
8 GOVERNMENT CLAIM
9 [Govt. Code§910]
10
XX By placing a true copy thereof enclosed in a sealed envelope with postage thereon fully
11 prepaid, in the United States Post Office mail box at Redding, California, addressed as
12 set forth below.
13
14
By personally delivering a true copy thereof to the person and at the address set forth
below.
15
16 Clerk,Secretary, Auditor,Public Works Director,or Governing Body
17 MOUNTAIN VIEW SANITARY DISTRICT/CONTRA COSTA COUNTY
651 Pine Street, 11 6'Floor
18 Martinez, California 94553
19
20 Anne Boddy
Claims Representative
21 Glatfelter Claims Management, Inc.
22 4512 Feather River Drive, Suite F
23 P. O. Box 7187
24 Stockton, CA 95267
25 I declare under penalty of perjury under the laws of the State of California that the
26 foregoing is true and correct.
27 � �
28
Executed this day of , 20A�)-10 at Redding, California.
29
30 4q LIX'i
31 Mary E. a or
32
33
34
MA►IRE&BEASLEY
2851 Park Marina Dr.
Suite 300
P.O.Drawer 994607 GOVERNMENT CLAIM PAGE 5
Redding,California
96099-4607
(530)246-6050
CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY �
BOARD ACTION: MAY 17, 2005
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 Goverment Code Section 913 and
4 915.4. Please note all "warnings".
t -
AMOUNT: $3607000-00
CLAIMANT:
LISAtb
• DATE RECEIVED: APRIL 14, 2005
ATTORNEY: MICHAEL PETER. SEMANSKY
ADDRESS: SEMAN
SKY'LAW FIRM BY DELIVERY TO CLERK.ON: APRIL 14, 2005
535 MAIN SHEET, BIRD FLOOR
MARTINEZ CA 94553 �., HAND DELIVERED
BY MAIL POSTMARKED:
FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
JOHN SWEET , C
Dated; APRIL 14, 2005 By; Deputy
II. MOM: County Counsel, TO: Clerk of the Board of Supe isors
4-oo�i claim complies sub.stantiaily with Sections 910 and 910.2.
( } This Claim FAILS to comply substantially with Sections 910 and 9I 0.2, 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: .... .--dry; By; Deputy County Counsel
III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator(2)
( } Claim was returned as untimely with notice to claimant(Section 911.3). •
IV. ARD ORDER: By unanimous vote of the Supervisors present:
( This Claim is rejected in full.
( ) Other:
I certify that this is a true and correct copy of the Board's order entered in its minutes for this date.
Dated: e :`. JOHN SWEETEN, CLERK,By , Deputy Clerk
WARNING (Gov. code secti 913)
Subject to certain exceptions, you have only six(6) months from the date this notice was personally served or deposited
in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an
attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so
immediately. *For Additional Warning See Reverse Side of This Notice.
AFFIDAVIT OF MAILING
I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United
States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully
prepaid a certified copy of this Board order and Notice to Claimant, addressed to the claimant as shown above.
Dated: / JOHN SWEETEN, CLERK By Deputy Clerk
e
This warning does not apply to claims which are not
subject to the California Tort Claims Act-such as actions
in inverse condemnation, actions for specific relief such
as mandamus or injunction, or Federal Civil Rights
claims. The about list is not exhaustive and legal
consultation is essential to understand all the separate
limitations periods that may apply..The limitations period -'"
within which suit must be filed may be shorter or longer
depending on the nature of the claim. Consult the specific
statutes and cases applicable to your particular''daim,
The, County of Contra Costa does not waive any of its
rightsunder California Tort Claims Act nor does it waive
rights under the. statutes of limitations applicable to
actions not subject to the California TortClaims -'Act.
n
s.
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY
INSTRUCTIONS TO CLAIMANT
A. A claim relating t6 a cause of action for death or for injury to person or to personal property or
growimg crops shall be presented not later d= six months after the accrual of the cause of
action. A claim relating to any other cause of action shall be presented not late-than one year
after the accrual of the cause of action.
(Gov. Code §911.2.)
Be Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106,
County Administration Building,651 Pine Street,Martinez,CA 94553.
C. If claim is against a district governed by the Board of Supervisors, rather titan the County, the
naive 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 mitity.
E. See penalty for fraudulent claims,Penal Code Sec. 72 at the end of this form.
RE: Claim By: Reserved for Clerk's filing stamp
MARC LIOTTA
RECEIVED
Against the County of Contra Costa or
APR 1 4 Z005
District)
(Fill in the ��� CLERK BOARD OF SUPERVISORS l
CONTRA COSTA CO. '
The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named
district in the sum of S 360,000-00 and in support of this claim represents as follows:
1. When did the doge or injury occur? (Cure exact date and hour)
November 4, 2004, 9:30 a.m.
2. Where did the damage or injury occur? (Include city and county)
Stone valley road at its intersection with Danville Boulevard, town of Alamo,
County County of Contra Costa.
3. How did the daunage or inj uty occur? (Give full details;use extra paper if required) C 1 a iman t wa s r i d i g
his bicycle when his front bicycle wheel protruded down into the grate causing im
to fly off of the bicycle landing on his head causing severe and disabling J in'u ies.
4. 'What particular act or omission on the part of county of district officers, servants, or employees
caused t&injury or damage? Allowing and installing a storm drain/grate to be placed
in roadway which was dangerous and defective in that there was no cross beams o the
grate to keep bicycle wheels from protruding therein.
5 What arc the came$of county or district officers, servants,or employees causing the
damage or injury?
Unknown
6. What dai nage or injuries do your claim resulted? (Give full extent of injuries or damages
claimed. Attach two estimates for auto daMage.) Head injury, headaches, lacerated lip
with scarring, back, neck and shoulder injuries.
7. How was the amount claimed above comp ? (Include the estimated amount of any
prospective in'ury or damage.} Medical specials $10,000.00, wage loss $50,000-00,
general ana compensatory damages $300,000.00.
g P y g $
8. Names and addresses of witnesses,doctors,emd hospjtels: Alan Burgess and Bruce Thom,
Kaiser Permanente Walnut Creek John1R, Lang, M.D. Concord.
9. List the expenditures you mads on account of this accident or injury:
DATE AMOUNT
11/4/04 and continuing $101000.00+
) Gov.Code See.910.2 provides"The claim shall be
)signed by the claimant or by some person on his
)behalf.>'
SEENND,NQMCF To: (Moo"I
1 lune and address of Attorney )
Michael Peter Semansk y �, Esq, })-
ature}
Semansky Law Firm (Claimot's S1
535 Main Street, Third Floor )
1412 Sunset Loop
Martinez, CA 94553
} (Address)
} Lafay ette, CA 94549
}
Telephone No. (925) 372-8766 )Telephone No. (925) 943-7078
PUBLIC RECORDS NOTICE*
Please be advised that this claim form,or any claim filed with the County under the Tort Claims Act,is subject to
public disclosure under the California public Records Act. (Gov. Code, §§ 6500 et seq.) purthenmore, any
antchme ts,addendums,or supplements attached to the claim form,including medical Tecords,use also subject to
public disclosure.
!••■!■••■••••■■•■•■■•■••■■some••■••■••■see
■■••••••••••••■••••••!!•■•■••■/••••••••i••1
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 offixer,of
to any county, city, Or district board or ofl~icer, guthorized to allow or pay the same if genuine, any false or
fraudulent claim, bill,account voucher,or writing, is punislAble either by imprisonment in tho County jail for a
pend of not more than one year, by a fine of not exceeding one thousand do11as(51,000.04 of by both such
imprisonment and fine, or by imprisonwnt in the state rison, b a fine of na exceedin ten thousand of
p Y g dollars
($10,000),or by both such impnionment and fine.
V
CLAIM 6 *1
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY
BOARD ACTION: MAY 17 2005
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".
M
AMOUNT: $1,107.50
CLAIMANT: SANDRA SESTI
ATTORNEY: UNKNOWN DATE RECEIVED.
APRIL 15, 2005
. ,
ADDRESS: 846 1st STREET,, BY DELIVERY TO CLERK'ON: APRIL 15 2005
RODEO, CA 94572
BY MAIL POSTMARKED: APRIL 14, ZOOS
FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
JOHN S WEE rk
Dated: APRIL 15, 2005 B Deputy.
. y p y
II. MOM: County Counsel... TO: Clerk of the Board of Supervisors
(vy'_�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:
ated: �' B : Deputy County Counsel
D y
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 '
WARNING(Gov. code section on 913)
Subject to certain exceptions, you have only six(6)months from the date this notice was personally served or deposited
J p Y, Y
in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an
attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so
immediately. *For Additional Warning See Reverse Side of This Notice.
AFFIDAVIT OF MAILING
I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United
States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully
prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above.
Dated: JOHN SWEETEN y p CLERK B De uty Clerk
This warning, does not apply to claims which are not
subject to the California Tort Claims Act-such as actions
in inverse condemnation, actions for specific relief such
as mandamus or 'injunction, or Federal Civil Rights
claims. The above list is not exhaustive and legal
consultation is essential to under'stand all the separate
limitations periods that may apply.The limitations period '"'
within which suit must be filed may be shorter or longer
depending on the nature of the claim. Consult the specific..
` * .
statutes and cases applicable to your particularclaim.
The County any of its
of Contra Costa does not waive
it waive
rights under California Tort Claims Act nor does
rights under the. statutes of limitations applicable. to
actions not subject to the California TortClaimsAct.
',.:Claim' to: 1RD OF �PERVISORS 0�A' RA Or`"''A OOUNTY
• INSTROCPIONS TO Q.l1M.
A. Claims relating to mouses of action for death or for injury to person or to per-
' sonai property or growing crops and rich accrue on or before December 31, 1987,
must be presented not later than the 100th day after the accrual of the cause of
action. Claims relating to causes of action for death or for injury to person
or to personal property or growing crops and Which accrue on or after January 1,
1988, must be presented not later than six months after the accrual of the cause
of action. Claims relating to any other cause of action must be presented not
later than ane year atter the accrual of the cause of action. (Govt. Code §911.2.)
B. Claims must be filed with the Clerk of the Board of Supervisors at Its office in
Room 106, C=ty idministraticn Building, 651 Pine Street, Martinez, CA 94553o
Co If claim is against a district governed by the Board of Supervisors, rather than
the Comity, the name of the District should be filled in.
D. If the claim is against more than one public entity, separate clam must be
filed against each public entity.
E. Fraud. See penalty for fraudulent e].aims, Penal Code Sec. 72 at the end of this
orm.
RE: Claim By ) Reserved for Clerk's Piling stamp
SANDRA SESTI
��CElVE�
Against the County of Contra ata. � APR 1 5
2005
B�
District) CLFRKf SUP�R��S
Fill in name ) CQNRq�osr,��o ops
The undersigned claimant hereby makes claim against the Comity of Contra Costa or
the above-named District in the si n of $ l I D Z, d r7 and in support of
this claim represents as follows:
1. When did the daminjurye or injury occur? (Give exact date and how)
low
PLEASE SEE ATTACHMENT WITH EXHIBITS+ FOR QUESTIONS 1 THROUGH- 9.
2. Where did the damage or injury occur? (Include city and camty)
846 1st Street, Rodeo, California 94572
3. How did the damage ec injury occur? (Give lu11 details; use extra paper if
required) f
QUESTIONS 3 THRU 9, PLEASE SEE ATTACHMENT.
V, What particular act or amission anthe part of county or district offieerst
servants or employees caused the injury or damage?
(over)
CLAIM BY SANDRA SESTI AGAINST THE COUNTY OF CONTRA COSTA
ATTACHMENT RE ANSWERS TO QUESTIONS 1 THRU 9
1. My car was stolen somewhere between Saturday,March 5th,4:30 p.m.(when I returned from
shopping), and Sunday, March 6th, 11:30 a.m., when I needed to use my car next.
2. 846 1" Street, Rodeo, CA 94572
3. The damage began to occur when my car was taken to A&D Towing and I was notified by
mail six(6) days later, rather than by a call, as I was informed would happen by Highway
Patrolman R. Arroy on March 6th when I first reported my car was stolen(see Exhibit"A").
4. I never received a call from either the Sheriff's office nor anyone in that department, even
though I was assured by Patrolman Arroy the night my car was reported stolen that as
"standard operating procedure" I would receive a phone call as soon as I my car had been
located. When I had not heard anything for ten(10)days,I called the Sheriff s office myself
and was informed my car had not yet been found. Evidently, it was found sometime after
my call. A letter dated March 17'h,2005,informing me my car had been found and had been
towed to A & D Towing in Richmond was mailed to me and I did not receive this
notification until March 22"d, 2005, seven (7) days later. The individual at the Sheriff's
office who actually mailed me the notification must have realized that March 17th being a
Thursday,I would most probably not receive it until the following week. In any event,when
I finally did receive in on March 22nd,I immediately called A&D Towing and was informed
by them that I owed $555 and could not get my car released until I paid the bill. I was told
I would have to pay this bill in cash and that I would continue to be charged$47.50 each day
until I could find a way to borrow enough money to get my car back.
I am permanently disabled, living on social security. I explained that to the Sheriff's office
as well as the towing company. Already a victim with no transportation and no other money
at my disposal, I had no way of coming up with any kind of money, and I still had no idea
what damage had been done to my car. Now my car was being held for ransom on top of
that. As I frantically attempted to reach every relative and friend I had, a few days later my
friend and landlord agreed to loan me the money (which by now had accrued to a sum of
$1,107.50 in daily fees-see Exhibit"B"),based on hopefully being reimbursed by this claim
form.
When I arrived at A & D Towing on April 2, 2005, to pay this enormous sum of money, I
then had to pay an additional $85 (in cash - see Exhibit "C") to have the car towed to my
home.
5. I called the Sheriff s office on or about March 31 and was informed that the Sheriff on duty
the day my car was found was a Sheriff Hughes.
1
1 .
\
K
6. Total damages in the sum of $1,192.50 ($1,107.50 + $85.00 = $1,192.50). Please see
Exhibits "B" and "C" attached hereto.
7. A& D Towing computed the bill.
8. Highway Patrolman R. Arroy
California Highway Patrol
5001 Blum Road
Martinez, CA 94553
Witness who was right there when Patrolman Arroy informed me I would be called as soon
as my car had been found:
Debbie Cooper
846 1" Street
Rodeo, CA 94572
9. Please see 6 above.
2
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STATE%OF QALFQMIA010
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OFFICERS 0Y THE CALlFOWA HAY PATROL
CHP 180(Rev.2-99) OPI 061 JA
RE INC;DEPARTMENT LOCATION COOS TE!TIME ltEPOAT OF STORED VENICLE F�NO.
PERSONALLY
LOG�TI /STOLEI+F�ROM , NG L ? YES NO GATE 1 TVA DIS P CH NOT*IED LOC;NO.
'ti l � -a•,..... LI %CLEAR IN YES [:] NO 3
YEAR MAKE _.�.- MODEL 8 TYPE CO LICENSE NO. 0 ONE MONTH/YEAR STATE
Icn I o w ; ti ACCOP-b
s TWo
HICLE IDENTIFICATION NO _ EN�INE NO. VALUATION BY [:]OFFICER OWNER
,. 1:1 0,00 1:1 3014000 134WI
REGISTERED-OWNER.- LEGAL OWNER
SAME AS R/O
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ORED
❑ IMPOUNDED ❑ RELEASED ❑RECOVERED-VEHICLE/COMPONENT
TOWING T S1 omrsE' RN-OaJ IE,ADDRESS,:P,LNOWE)M�
STORAGE AUTHORITY I REASON
TOWED TO l STORED AT AIRBAG? DRIVEABLE? VIN SWITCHED?
❑ YES ❑ NO ❑ 1 ❑ 2 ❑YES F1 NO F-1JUNK ❑UNK ❑YES_ ❑NO
CONDITION YES NO ITE YES NO ITEMS ITI
YES NO ITEMS YES NO TIRES/WHEELS CONDON
WRECKED SEAT(FRONT) REGISTRATION CAMPER LEFT FRONT
BURNED HULK per 431(c)VC ISEAT(REAR) ALT./GENERATOR VESSEL AS LOAD RIGHT FRONT
VANDALIZED RADIO BA Y FIREARMS LEFT REAR
ENG./TRANS.STRIP TAPE DECK DIFFEREN OTHER RIGHT REAR
MISC.PARTS STRIP TAPES TRANSMISSION SPARE
BODY METAL STRIP OTHER RADIO AUTOMATIC HUB CAPS
SURGICAL STRIP per 431(b)VC IGNITION KEY - MANUAL SPECIAL EELS
RELEASE VEHICLE TO: -❑RIO OR AGENT -❑AGENCY HOLD�.❑22850.3 VC PRINCIPAL Iii STORING VEHICLE(SIGNATURE) DATE/TIME
NAME OF PERSON/AGENCY AUTHORIZING RELEASE I.D.NO. DATE CERTIFICATION: 1,THE UNDERSIGNED,DO Y CERTIFY THAT I AM LEGALLY
AUTHORIZED AND ENTITLED TO TAKE POSSESSIO THE ABOVE DESCRIBED VEHICLE.
SIGNATURE OF PERSON AUTHORIZING RELEASE SIGNATURE OF PERSON TAKING POSSESSION
. STOLEI!O..f--H�-I LEjj�OMPONENT EMBEZZLED VEHICLE PLATE(S)REPORT
DATE!TIME OF OC RRENCE DATE/TIME REPORNAME OF REPORTING PARTY(RIP) DRIVER LICENSE NO./STATE
15TE
0_3-0(40-05
i33c� o�,319 t-0 0
LAST DRIV OF EHICLE DATE!TIME ADDRESS OF Fri TELEPHONE OF R/P
I CERTI OR DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF SIGNATU F PERSON MAKING REPORT
THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.
REMARKS
[LIST PROPERTY,-TOOLS,VEHICLE DAMAGE,ARRESTS]
DR1`CIER'S NAME ARRESTED/SECTION? REPORTED BY CARGO/TYPE? VALUE S
'�i- ;;. ❑YES ❑NO DYES NfNO ❑ BILL OF LADING ATTACHED
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REGISTERED OVONER
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FINISH _ r
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START '
START
START
TOTAL TOTAL
i TOTAL
REASON FOR TOW
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ID ACCIDENT SPECIAL.EOUIPMENT
❑ BANDONED ❑FLAT TIRE ❑SINGLE LINE WINCHING
❑ARREST
EN CARs
f ❑t3t;fT GAS .. ❑DUAL LINE WINCHING
❑UNREGISTERED ❑BREAK DOWN ❑IMPOUNDED
❑SNATCH BLOCKS
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❑SCOTCH BLOCKS
f ❑'SNOW-REMOVAL. ._ ❑$TART t
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TYPE OF TOW1
TOWED PER ORDER OF-t VEHICLE TO_WEDLTO
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- ❑WHEEL LIFTSEQOND TOW
❑OWNER
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ST.ORAC FROM ,...— •.
;T%OWING CHARGE
DAYS a S MILEAGE CHARGE
PAIN BYf
EXTRA PERSON
`t (VERS
LIC.NO.
' t SPEC AL
EXP. EQUIPMENT
O CRE MC ❑-VISA ❑AMEX DATE
CHARGE
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! OPERATOR'S. A'Yf RE y •, � _ Ih-
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t, TRUCK
- SUB-TOTAL
f ,
A HORIZED ZOMWATURE DATE
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' ;y Not responsible for lass or damage to vehicle
15604 in case of fire,theft or any other cause beyond our control.- Thank*youTheme'11be a n�onthlY charge of 2% �
PRODUCT 2323
- -
on all Past due balances, �y
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CLE I.D.NO. REOISTERED OWNER
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MILEAGE SERVICE TIME EXTRA PERSON 1
4. FINISH FiNISH FINISH
[ START START START
T04L TOTAL TOTAL
REASON FOR TOW SPECIAL EQUIPMENT
❑ACCIDENT ❑ABANDONED t❑FLAT TiRE ❑SINGLE LINE WINCHING
❑ARRET_J•-•` ❑STOLEN CAR ❑OUT OF GAS ❑DUAL LINE WINCHING
t ❑UNREGISTERED ❑BREAK DOWN ❑IMPOUNDED ❑SNATCH BLOCKS
r ❑TOW ZONE ❑LOCK OUT, '"' ❑SCOTCH BLOCKS
r. .
❑SNOW REMOVAL ❑START ❑ ❑DOLLY
x
TYPE OF TOW TOWED PER ORDER OF. VEHICL TOWED TO
❑SLING/HOIST TOW ❑STATE POLICE t FiRST O
4 LAT BED/RAMP ❑LOCAL POLICE
r SECOND TOW
❑WHEEL LIFT
❑ `” DEALER
STORAGE FROM, TOWING CHARGE
AO •'' DAYS 0$ MILEAGE CHARGE i
PAID BY; t EXTRA PERSON i
D ERS 1
} ❑CHECK Li .NO. /.)/) SPECIAL
` EQUIPMENT
❑4R A ViSA EXP. C.
❑A� DATE LABOR CHARGE
CC NO. STORAGE
L 00m
OPE
t ^
x SUB-TOTAL I
AUTHORIZED A DA
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�Ekldel*MED TO DATE
` TOTAL.
Not responsible for loss or damage to vehicle
156U5in case of fire,theft or any other cause beyond our controt., ' Thah You
T wo IQ a am"C PRoouc�r xis
on pmt due blanc".
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... .: .......... .:...:. ... .... .... '—.: :.-' - .' ,., 9•. :e.:3.' J - .=Mi 'M.yic,ggr. t M ,�� .t..r+.3e Y
-.-. ....r,;�„ew,,,Y.Mw+...r.:...wu«.y:w..+.i....arw«M.++-r•.w.c«.-a•a«,.,........wwiw...:"" ....'4.tea.:.. ..;. '' `tr �' .. - l
^••.,..: .:., .. .. .. „x....„ .., - iw.ssrnc^t,.-....•; ,x-r^r^r ay. h„n. ,ur Writ+:$+sri'st -. .. .,. .«1v. .. .... .-..
Sandra Sesti RECEIVE.0
846 Is'Street
Rodeo, CA 94572 APR 1 5 2005
(510) 245-3530
CLERK BOARD OF SUPERVISORS
CONTRA COSTA CO.
April 14, 2005
Board of Supervisors
County Administration Building
651 Pine Street, Room 106
Martinez, CA 94553
Re: Claim by Sandra Sesti Arainst the Coun&of Contra Costa
Contra Costa County Sheriffs Office, Case#SP0507306
Sandra Sesti, Registered Owner
Dear Sir/Madam:
Enclosed please find one original and one copy of Claim by Sandra Sesti Against the
County of Contra Costa with attachment. Please process the original and return a filed endorsed
copy in the envelope provided.
Thank you for your prompt attention to this matter.
Very truly yours,
Sandra Sesti
Encs.
SARenee\Sandy\board.041305
LAW OFFICES
EDGAR . LANA
A PROFESSIONAL CORPORATION
q. 111
18 ORINDA WAY
1,
P.O. BOX 2180
ORINDA,CALIFORNIA 94563-6580 ,
Board of Supervisors .,.�..
County Administration Building
651 Pine Street, Room 106 AIPR
EMartinez, CA,94553 CLE, ----
UpEi