The URL can be used to link to this page

Home My WebLink AboutMINUTES - 04042006 - C.17 CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY l�/j • /? BOARD ACTION: APRIL 04, 2006 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 j`C�y n Board of Supervisors. (Paragraph IV below), given it Pursuant to Government Code Section 913 and FEB 2. 7 2006 UUUU 915.4. Please note all "Warnings". CONTY AMOUNT: UNKNOWN MA T NEZ CALIFL CLAIMANT: MARIA VALDEZ:AND SHIRLEY STIMMEL ATTORNEY: STEVEN R. CLAWSON DATE RECEIVED: FEBRUARY 27, 2006 I ADDRESS: WELLS, CALL, CLARK, BENNETT BY DELIVERY TO CLERK ON: FEBRUARY 27, 2006 & CLAWSON 620 GREAT JONES STREET, BY MAIL POSTMARKED: FEBRUARY 23, 2006 FAIRFIELD, CA 94533 FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. . JOHN SWE , Dated: FEBRUARY 27, 2006 ..: By: Deputy II. FkOM: County Counsel. TO: Clerk of the Board of Supe isors ( 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). O Claim'is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). O Other;. Dated: By: A_ 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). IVj 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. 0 Dated: /J0J(, 4t!A 30HN CLLEN; 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. JOHN CULLEN ��i Dated: 815, �o CLERK By /�i,;�(.w.�i — Deputy Clerk 1 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 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 claim. The ,County. of;Contra Costa does not waive any of its rights under California Tort Claims Act nor does it waive rights under the statutes of limitations applicable to actions not subject to the California Tort Claims 'Act. i i 0212112006 16:39 CONTR COSTA COUNTY CLERK OF THE 4 9170742577Q5 NO.81.5 - cot ! BOARB 0, UPERYISORS 07 CONTR1 COSTkOUNTY INSTRUCTIONS TO CLAVIVIANT A. A claim relating to a cause of action for death or for injury to person or to personal property or growing crops shall be presented not later than six months after the accrual of the cause of action. A claim relating to any other cause of action shall be presented not later than one year after the accrual of the cause of action. (Gov. Code § 911.2.) B. Claims most 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. i 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. i E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at the end of this forma we 09418459102 seasoe►r0u sss11119414020asVvasoposuw■*240weof60068080911%me 600004..004 RE: Claim By: Reserved for Clerk's filing stamp Maria Valdez and Shirley Stimmel ) Against the County of Contra Costa or District) cMrq`�c 0 (Fill in the name) The undersigned claimant 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 follows: 1. When did the damage or injury occur? (Give exact date and hour) I 09/03/05 , 2010 hours, 2. Where did the damage or injury occur? (Include city and county) In the intersection crossing of Appian Way at Fran Way in an unincorporated are in' Contra Costa County. 3. How did the damage or injury occur? (Give full details; use extra paper if required) Claimants were struck by a motorist whil6 using the crosswalk with due care. 4. What particular act or omission on the part of county or district officers, servants, or employees caused the injury or damage? See Attachment "A" 5 What are the names of county or district officers, servants, or employees causing the damage or injury? 1 See Attachment "A" 02i21i2006 16:39 CONT#WOSTA COUNTY CLERK OR THE 4 917077785 NO.915 P02 6. What damage or injuries do your claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage.) Injuries claimed by claimant Maria Valdez are fractured leg, hip and cracked tibia. Injuries claimed by claimant Shirley Stimmel are to her entire left side and knee. 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) Jurisdiction resides within the Superior Court. 8. Names and addresses of witnesses, doctors, and hospitals: See Attachment "B" 9. List the expenditures you made on account of this accident or injury: DATE TIME AMOUNT ■■■..r.......■u..r..s.r....r.....a..ar...r..r.•r.......r.r.rra..ar r.r....rr..ar...ri ) Gov. Code Sec. 910.2 provides"The claim shall be )signed by the claimant or by some person on his )behalf." SEM?NOTICES TO: (Attorney) ) Name and address of Attorney ) Steven R. Clawson 1) Wells , Call, Clark, Bennet} (Clai ant's Signature) & Clawson 620 Great Jones Street ) Fairfield, CA 94533 ) (Address) Telephone No, 707-4265300 )Telephone No. .....................r..........•r......r.......r.a..•.rrar.r........................ 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.) Furthermore, any attachments, addendums, or supplements attached to the claim form, including medical records, are also subject to public disclosure. �.....a rr...r■...a•ar.air•r......r.r..a.rr......r..r......a r■.r.......�...aat...... 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 dollars ($1,000.00), or by both such imprisonment and fine, or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars ($10,900), or by both such imprisotunent and fine. I Attachment "A" Claimants, Maria Valdez and Shirley Stimmel, were walking across the street in a marked crosswalk on Appian Way at its intersection with Fran Way, in the City of El Sobrante, County of Contra Costa, State of California when she was hit by a vehicle driven by Charlotte Alvarez. The crosswalk, where this incident occurred was constructed by, and at all relevant times herein, was and is owned by, dedicated to, and is subject to an easement in favor of the County of Contra Costa and the State of California and is customarily and habitually maintained, repaired, and controlled by the County of Contra Costa and the State of California and is known by them to be traveled by pedestrian traffic. Claimants' injuries were proximately caused by the defective roadway, its design, construction and signage. The condition of the defective roadway as above described constituted a dangerous condition of public property that created a substantial risk of injury to pedestrians and passers by walking with due care on Appian Way at its intersection with Fran Way in the City of El Sobrante, County of Contra Costa, State of California, proximately causing Maria Valdez and Shirley Stimmel to sustain bodily injuries. The above described roadway was negligently and carelessly designed, constructed, owned, operated, repaired, controlled, created, inspected, supervised, installed, signed and maintained by the County of Contra Costa and the State of California and their agents, principles, employees, councils, departments, supervisors, divisions, committees, and employees so as to cause the roadway to be defective, making it dangerous and unsafe, and proximately causing the injuries and damages to Maria Valdez and Shirley Stimmel. The County of Contra Costa and State of California, including its agents, principles, employees, councils, departments, supervisors, divisions and committees had actual constructive notice of condition of the roadway as above-described. Said condition had existed in Substantially the same state and appearance for a substantial period of time prior to the time of the September 3, 2005 accident, sufficient to allow the County of Contra Costa and the State of California to have taken measures to protect against and or remedy the dangerous condition. The above described dangerous conditions were of such obvious nature that the conditions and its dangerous characters should have been discovered by the County of Contra Costa and the State of California and would have been discovered had there been a reasonably adequate inspection and/or inspection system maintained and operated with due care. The condition as above described created reasonably foreseeable risk of the kind of injuries suffered by claimants. • I "Attachment B" Maria Valdez: 1. American Medical Response 2. Doctors Medical Center 2000 Vale Road San Pablo, CA 94806 3. Brookside Community Health Center 2023 Vale Road, Suite 107 San Pablo, CA 94806 4. North Bay MRI Center 2149 Appian Way Pinole, CA 94564 5. Joseph Anthony Matan, M.D. 2160 Appian Way Pinole, CA 94564 Shirley Stimmel: 1. David Grant Medical Center 101 Bodin Circle Travis AFB, CA 94535 2. Daniel J. Rixen, D.C. Rixen Chiropractic 4726 Appian Way El Sobrante, CA 94803 I I WELLS, CALL, CLARK, BENNETT & CLAWSON SRR A PROFESSIONAL CORPORATION �oo6. ATTORNEYS AT LAW Co�TR�oFSUa OF CO I.F� VJ 4j R. DAYTON CALL 620 GREAT JONES STREET E19 THOMAS C. CLARK FAIRFIELD, CALIFORNIA 94533E. GORDON WELL ��JR. RS SCOTT R. BENNETT STEVEN R. CLAWSON TELEPHONE ]0]/426-5300 FAX ]0]/425-]]8S February 23, 2006 VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED Clerk of the Board of Supervisors County Administration Building 651 Pine Street Room 106 Martinez, CA 94553 Re: Our Client: Maria Valdez and Shiley Stimmel Date of Accident: September 3, 2005 Dear Sir or Madam: This law firm has been retained by Maria Valdez and Shirley Stimmel to represent their interests in connection with an injury accident that occurred on September 3, 2005. Enclosed please find an original and one copy of our client's Claim Against Contra Costa County in this matter. Please date stamp and return the copy to our office in the self-addressed, stamped envelope provided. Very truly yours, WELLS, CALL, CL BENNETT & CLAWSON STEVEN R. AWSON SRC/kks Enclosures \ . • 00 \ @ © %00 CD MLn CJD § ® ® w \( / � 00 « 2 }/ S )§ o c »° 0 \ � 0« a ® ! 4 * � m0 ƒ/ _ / n Won" Ul ni : rn / 7 \ f } 3 � C3 33J \ \ � o / gm � \ tr mLn , M \ o , e . \\ \ \ 4 q\ f ! \ k2 z 0 ` j\ [ o \ u ; 2 � ) \ i d \ m ƒ �- CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY V' BOARD ACTION: APRIL 04, 2006 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. D notice of the action taken on your claim by the DBoard of Supervisors. (Paragraph IV below), given Pursuant to Government Code Section 913 and FEB 2 8 2006 915.4. Please note all "Warnings". AMOUNT: $2,351.00 MA T NEZ NTy USE CLAIMANT: JOSEPH E. WATTS,SR. . ATTORNEY: UNKNOWN DATE RECEIVED: FEBRUARY 28, 2006 ADDRESS: 1715 SPRINGWOOD WAY, BY DELIVERY TO CLERK ON: FEBRUARY 28, 2006 ANTIOCH, CA 94509 BY MAIL POSTMARKED: HAND DELIVERED FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. JOHN SWE rk Dated: FEBRUARY 28, 2006 By: Deputy II. MOM: County Counsel, TO: Clerk of the Board of Supe isors (t>-'fhis claim complies substantially with Sections 910 and 910.2. ( ) This Claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). O Other: Dated: 2--,;ze -0(o By: /T) Deputy County Counsel III, FROM: Clerk of the Board TO: County Counsel (1) County Administrator(2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present: (� This Claim is rejected in full. O Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. AA v Dated: h► 496JOHN CU.LLEN 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. p Dated: C ,,X006 JOHN CULLENCLERK 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 understand all the separate limitations periods that may apply. The limitations period w}thin 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 Claims Act nor does it waive rights under the statutes of limitations applicable to actions not subject to the California Tort Claims Act. ` .9 Claim to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT A. Claims relating to causes of action for death or for injury to person or to per- sonal property,.or'growing crops and which accrue on or before December 31, 1987, must be presented not later than the 100th day after the accrual of the cause of. action. Claims relating to causes of action for death or for 'injury to person a or to personal property or growing crops and which accrue on or after January 1, 1988, must be presented not later than six months after the accrual of the cause of action. Claims' relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Govt. Code 5911.2.) (�B�Claim must be filed with the Clerk of the Board of Supervisors at its office in Roan 106, County Administration Building, 651 Pine Street, Martinez, CA 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at the end of this orm. ! � � f 1k 1! * # IF �F * f * N f f * • f f f � * f f i f / • � * � f * * # * * f f 1F * # RE: Claim By ) Reserved for Clerk's filing stamp RECUMED Against the County of Cont costa ) FEB 2 8 RECD or � ) District) CLERK 014TR OF STA CO. S flS CONTRA COSTA CO. Fill in name ) The undersigned claimant hereby makes claim inst the qty of Contra Costa or �` the above-named District in the sum of $ 2 / and in support of this claim represents as follows: ---------- ------------------------------- 1. When did the damage or injury occur.' (Give exact date and hour) m 2. Where did the damage or injury occur? (Include city. and county) 171F 57,01ZfN6WOUP WAy c C tMr/ ep s-t* 3. How did the damage or injury occur? (Give full details; use extra paper if _ required) -TI+4 /�A,,.^AGL UCGuAS 0 U)A o, TIw/- /Slole.4 !ti j1^�I /4,4psa- UNAk16� i Id n,-R. t+tfcw bu j" n'yrl1 +els I/1�1" i��tl �� GA2l1va i-)00A CA-N.CA �/�►„�t � n o S v- 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage. (H-t `S 5• What are the names of county or district officers, servants or employees cause the damage or" in Jury? ;')rT, S r" < K Y I 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for autodamT-0 /�0 X7 5 E /�U2 /�•n� e s i�uulZ S HA-Pe M. �.KS IA Th��, f- TA 7. How was the amount claimed above computed? (Include the estimated amognt of any prospective injury or damage.) 6),, -r 14-At P2/cl d G jPO e 0Vda-5 4-- 0S1' vSfi 7z' (-M-vf Th ,2- h iA-f1w6itp. 8. Names and addresses of witnesses, doctors and hospitals. _��w----- -- --------��---------------------------- 9• List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT Gov. Code Sec. 910.2 provides: "The claim must be signedby the claimant ,, t SEND NOTICES TO: (Attorney) or by some person on his behalf." Name and Address of Attorney Claimant's Signature) J S�R/�VGUJyL)h Address T /A- G 4 C* Telephone No. Telephone No(S 1-S '7 j-7 — �/7 G f # # # # # # # # # # # # # # 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,. youcher, or writing, is punishable either by imprisonment in the county jail 'for a period. of not more than one year, by A fine of not exceeding one thousand ($1,000), or by both such imprisonment and fine, or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars ($10,000, or by both such imprisonment and fine. 5. What are the names of county or district officers, servants or employees eaus1ig the. damage or' injury? ;)CT, 3. i<<• K y 6. What damage or injuries do you claim resulted? (Give full extent of injuries or. damages claimed. Attach two estimates for auto ,�A�,Ave_ TL, /) 5 4- 13bor, / S i)Uu7Zi i // �� Ur��drKS l/�. i hl ,"- i I is e i)vilf2 /=!L 60't f Irk Tu h 2#PLAe40.. 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) 3Y Tf4l PRI(4 0F !Hr 0Uo--5 f- Cuy'7' 7v 1*4WE Th a h i�L owtirc7. 8. Names and addresses of Witnesses, doctors and hospitals. _��----- ------------------------------------------ 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT Gov. Code Sec. 910.2 provides: "The claim must be signed by the claimant SEND NOTICES TO: (Attorney) or by some person on his behalf." Name and Address of Attorney Claimant's Signature) Address T C, 4 C41- s Telephone No. Telephone No(S L S) -7j-7 # # # f # # # # # # * * * # '* # 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 ($1,000), or by both such imprisonment and fine, or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars ($10,000, or by both such imprisonment and fine. i =j !, /LL G 7") D n-h n v -I, T"LnG W,---------------------- I - 01) Support Our Troops -Remember Our Veterans V7716 COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA OTHER COUNTY (IES) s. SEARCH WARRANT No. THE PEOPLE OF THE STATE OF CALIFORNIA, to any sheriff, policemain, or peace officer in the County(ies) of Contra Costa ; OTHER COUNTY(IES� PROOF by affidavit having been made before me by DEFECTIVE J. KOSMICKY AFFIANT (S) that there is probable cause to believe the property or things described herein may be found at the location(s) set forth and that such property is seizable under 1524 (a) ' P.C. in that it : was stolen or embezzled; X was used as the means of committing a felony; X _ is possessed by a person with the intent to use it as a means of committing a public offense; OR is possessed by another to whom he may have delivered it for the purpose of concealing it or preventing its discovery; X is evidence tihich tends to show a felony has been committed or a particular person has committed a felony; is evidence which tends to show sexual exploitation of a child, in `violation of Penal Code 311 . 3, has occurred or is occurring; _ I YOU ARE THEREFORE COMMANDED TO SEARCH: f I THE PREMISES located at and described as: i (Location #1) 141 Manville Ave . , Pittsburg. Further described as: a single story residence, salmon in color with daFk brown trim, the exterior is stucco, gray composition shingled roof, the address numbers, '1411 , are posted to the left of the front door. (Location #2) 1715 Springwood Way, Antioch. Further described as : a duplex consisting of two single family dwellings, beige in color with brown trim, the address numbers, -17151 , are attached to the fight of the red brick facing in front of the duplex. The residence, -1715 ' is the west most residence of the duplex. including basements, attics, storage spaces, appurtenant buildings, the surrounding grounds, and all containers therein and thereon which could contain any of the items sought . f THE CONTAINER located at and described as : AP THE VEHICLE (S) described: 1986 Ford Bronco, ( ark blue/light blue in color license plate 1SSE912�) 1983 Buick, ' tan in color, license plate 2AIZ481 . 1994 Mazda pick up truck, rown in color, license plate 5L33210 . any, and all vehicles found to be under the care, dominion, and/or control of the residents of 141 Manville Ave. , Pittsburg, and 1715 Springwood Way, Antioch as evidence by titles, registration, release of liabilitie , keys, or other documentation. including the passenger compartment, storage areas such as trunk and glove e box, and any containers within the vehicle which could con ain any of the items sought . FOR THE 'FOLLOWING: the' property or- things listed in Exhibit # attached X the following property or things : Any items commonly used to manufacture, alter, counterfeit,, prepare and/or foster the forging of checks, credit cards, and identification include stole mail, pencils, pens, typewriters, check protectors, computer systems, photographic ani printing equipment, blankets, enlargers and reducers, film, cameras, digital image cameras, computer !scanners, background material for photographs, printing plates, photocopy machines, word processors and photo processing computer software programs, check making software such as Versa Chec}c, items that can read, upload or download the contents of the magnetic strips found on credit and identification cards, stamps, seals, literature on printing and photography, siij'- screen equipment, inks and paints, photographs, plastic sheets, items for heating Plast;`,: sheets inclufling irons and microwave ovens, plastic credit card blanks, drivers license blanks , trimmers, and laminators. i ?uny credit cards, checks, drivers licenses, or other identification not bearing the names of the parties found inside the location and any wallets, or purses containing such credit cards, checks, drivers licenses, or other identification. Applications for employment, credit cards, membership cards, and/or any other documentation that would contain information of other potential victims. � At The officers are allowed to remove and search the contents of any digital lmedia to include' internal/external hard drives, floppy disks, memory devices qr other magnetic, optical or magneto-optical disks or media and to seize it or any part thereof and retain such property in your custody subjectlto order of this court, pursuant to Penal Code Section 1536 . GOOD CAUSE HAVING BEEN SHOWN by Affidavit, you may do the following which bears my initials : IL �ou may serve this warrant at any time of the day or night, under Penal Code Section 1533 . GIVEN under my hand and dated this_day of �._, 200S a.m. atQVJYA� 6rM agistrate Judge of the Superior Court, SEARCH WARRANT - 2 ^THE PERSONS) identified and described: Donald James Null wma, 5-17-73 , bald head, green eyes, 6-0 , 190 lbs, CDL: A9509401 . ' � 4 Joseph Edward Watts Jr. , bma, 8-20-78 , black hair, brown eyes,, 6-0 , 150 lbs . , CDL: B5813806 . SEARCH WARRANT - 1 i f L {4I II l I i CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY ti•/� BOARD ACTION: APRIL 04, 2006 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 j,5 v v D 915.4. Please note all "Warnings". AMOUNT: $240.00 MAR 1 2006 COUNTY COUNSEL CLAIMANT: STEVEN RAY KITCHEN MARTINEZ CALIF. ATTORNEY: UNKNOWN DATE RECEIVED: MARCH 01, 2006 ADDRESS: 322 GREEN STREET, BY DELIVERY TO CLERK ON:MARCH 01, 2006 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 01' 2006 JOHN SWEE E rk Dated: By: Deputy II. FkOM: County Counsel. TO: Clerk of thb Board of Supe isors ( 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). O Other: Dated: '3 o2�(7rro By: Com-- 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. JOHN CULLEN Dated: Y o(e CLERK, By , Deputy Clerk WARNING (Gov. code sect' n 9131 r 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 frilly prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. JOHN CULLEN CLERK By Deputy Dated , cQ,M�o _ _ De ut 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 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 claim. The C.ounty,,of•Contra Costa does not waive any of its -,rights under California Tbrt Claims Act nor does it waive rights under the statutes of limitations applicable to actions not subject to the California Tort Claims Act. ZS BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT A. A claim relating to a cause of action for death or for injury to person or to personal property or growing crops shall be presented not later than six months after the accrual of the cause of action. A claim relating to any other cause of action shall be presented not later than one year after the accrual of the cause of action. (Gov. Code § 911.2.) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553. C. If claim is against a district governed by the Board of Supervisors, rather 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. ■rrr■■r■■rrrr■■■■■■rrrrrrrrrrrr■rrrr■rrrrrrrr■rrr■•••■•■rrrrrrr■■rrr•rrr rrrrr■ RE: Claim By: Reserved for Clerk's filing stamp Fuca RAS K c14 Against the County of Contra Costa or ) MqR 04,9 1 District) ce°qq ?006 (Fill in the name) °F.8 COSTA FAQ/ °o SOBS The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named district in the sum of$ a. 110, DO and in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact date and hour) 2. Where did the damage or injury occ ? (Include city and county) 3. How did 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? t-s�cs Los- C-R.IL( 5 What are the names of county or district officers, servants, or employees causing the damage or injury? � K� o�r�( 6. What damage or injuries do your claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage.) has ' C(.oYl� S A c: 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) 8. Names and addresses of witnesses, doctors, and hospitals: 9. List the expenditures you made on account of this accident or injury: DATE TIME AMOUNT N Gov. Code Sec. 910.2 provides"The claim shall be signed by the claimant or by some person on his behalf." SEND NOTICES TO: (Attorney) ) Name and address of AttorneyR�� ) r (Claimant's Signa(ure) ) 3 a G R.Gc� s-r (Address) Telephone No. ) Telephone No. 9 p S r-3 .....'............................................................................... 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.) Furthermore, any attachments, addendums, or supplements attached to the claim form, including medical records, are also subject to public disclosure. nos Mummussul 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 dollars ($1,000.00), or by both such imprisonment and fine, or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars ($10,000), or by both such imprisonment and fine. CLAIM / • BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY BOARD ACTION:APRIL 04, 2006 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 CLAIM AGAINST CONTRA COSTA COUNTY SHERIFF OFFICE Pursuant to Government Code Section 913 and 915.4. Please note all "Warnings". AMOUNT: UNLIMITED DATE RECEIVED: MARCH 03, 2006 CLAIMANT: REGGIE PERKINS, BETTY PERKINS, BY DELIVERY TO CLERK ON: MARCH 03, 2006 DAVEY BATTLE, AND RAY ANN THOMAS HAND DELIVERED ATTORNEY: UNKNOWN BY MAIL POSTMARKED: J-24024/GYM-72 ADDRESS: SAN QUINTIN STATE PENITENTIARY 116 CAROLYN DRIVE SAN QUENTIN, CA 94964 PITTSBURG, CA 94565 P.O. BOX 712 PTITSE31TRO CA 94565 MAR e S2D13 FROM: Clerk of the Board of Supervisors TO: County Counsel COUNTY COt1N"-z;L Attached is a copy of the above-noted claim. MARTINEZ CALIF. MARCH 03 2006 JOHN CULL 1 1 Dated: By: Deputy I1. FROM: County Counsel TO: Clerk of the Board of Super sors (W This claim complies substantially with Sections 910 and 910.2. o ( ) 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). O Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of lclaimant's right to apply for leave to present a late claim(Section 911.3). O Other: i i Dated: 3'cp _®(0 By: ` � Deputy County Counsel 111. FROM: Clerk of the Board TO: County Counsel (1) County Administrator(2) O Claim was returned as untimely with notice to claimant (Section 911.3). IV $OARD ORDER: By unanimous vote of the Supervisors present: ( y� 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. m Datedo 'o ce&o G JOHN CULLEN, CLERK, By Deputy Clerk WARNING (Gov. codes ction 913) - v Subject to certain exceptions, you have only six (6) months fi•om 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. Im A$9� a�-" Dated:*,t77�/�U ct'/�'l/� JOHN CULLEN, CLERK By Deputy Clerk 1 1 " i i This warning does not apply to claims which are ,not subject to the California Tort Claims Act such as actions in inverse condenmation, 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 understand all .the separate . linutations periods that may apply. The limitations period within which suit must be filed may be shorter or, longer depending�oii the nature of the claim. Consult the specific stattites and�ca*s.applicable to your particular claim. The County of Contra Costa does not. waive any "of its rights under California Tort Claims Act nor does it waive rights under the statutes of limitations applicable to actions not subject to the California Tort Claims Act. ' ' s e i BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT A. A claim relating to a cause of action for death or for injury to person or to personal property or growing crops shall be presented not later than six months after the accrual of the cause of action. A claim relating to any other cause of action shall be presented not later than one year after the accrual of the cause of action. (Gov. Code § 911.2.) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553. C. If claim is against a district governed by the Board of Supervisors, rather 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: IRe_e�c %..e-�� Reserved for Clerk's filing stamp IZ� Th 0. ` RECEIVED Against the County of Contra Co MAR 0 3 Z006 cps+ca ( .ou►�,{y�District) CLERK BOARD OF SUMERVISORS Fill in the name) + �'� ) CONTRA COSTA CO. J T-ec�.•,ti ) The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named district in the sum of$UrQ%yn.i+ed and in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact date and hour) 6.r-e- T,,v o 9-7-Gs �E ?V:o0PrrL a.' d JD -/Y- os a_.�t0: 300_wi.. 2. Where did the damage or injury occur? (Include city and county) 3�ol� C.Y�a.-Ewoc-�i�.��-f-{sbur� � Gort�s�- CasEc.. C.c�vr-fy. 9";L31 Wes-E Roca 4P*.-_*_1-/9 /moi Hs/burg I Gvn'tf0. Cosmo Com •�r 3. How did the damage or injury occur? (Give full details; use extra paper if required) CsZ— ��+ C-C_V_ .e,-(-- s4.e.e42s) {off C U ^-- I ��cl GL_ 4. What particular act or omission on the part of county or district officers, servants, or employees caused the injury or damage? Cc)fn-- c C.,_ (2,0 S y Sh.ec �', Q F 5 What are the names of county or district officers, servants, or employees causing the damage or injury? Go s_c,-, Cou,tiE� Stie.�if-F p F;c� 6. What damage or injuries do your claim resulted? (Give full extent of injuries or damages Q�n; t:ve, claimed. Attach two estimates for auto damage.)?Q,qZS0VLt,-CNz, fNr;JVc �ss�ulf��d5a--fiery ogFf/i' e; usede.xce-ssivL-E'orce_— Deci�ca�ory GL T.z u Pe.lief—itle�l�g��w COvic�t'u 1��rGlewt�Yl�r�ahc{t�Eflnclrte.n.-t g 2,ti vv�et:�a Cel te-�;Cbrr��er�s�'torCf"iM 7. How was the amount claimed above computed? (Include the estimaed amount of anyla'nes prospective injury or damage.) %rorn CL�.�� d�°S��eSS �r•aC 5u ��zr�� w e. ave- CeGtivec� w,.-c( Svc-Eec.�e�. Also Se.G Zf-Et,.c4._. 4t-�-ee--4L. 8. Names and addresses of witnesses, doctors, and hospitals: ss- /�?0.rf.n.e.z Covnfy hos"��Ek.(—� �•v,�.-Erc� GcsEe� Cou..E7/�wes-E Cou�nE.� �e-/'enf:o,1 i ac.l,ty� Rt:`Orney_ Ga:l 1-lu,�m l C yes y&Y - os�y Rey ThorYt�s K7- 9. List the expenditures you made on account of this accident or injury: �)(Q DATE TIME T 44s&� Q-7—o5 S -0ci ee■eeeae se.••eeeeee�eere•■eeeeeeueeee emamma emamma"eeeeeeeeeeeeeeeee■■ee WE 0 ■eeeeeel Gov. Code Sec. 910.2 provides"The claim shall be signed by the claimant or by some person on his behalf.' Q SEND NOTICES TO: ttorne _"4 ,",",,6,J Name and address of Atto Pro -Pe,C . ,) �r� )� (Claimant's Signatur - avU�o ) d. 13 i4-t bur G 9YS6s- /G vm - ) (Address) 9 bQ-by ) Telephone No. )Telephone No. 9vZ SS-- `139-'7� 19 .eee.eeeee.eeee.eeeeeee■e e e e e e e e e e e e e e e e e e e e e.e e e e e e e■■eeeeeeee■■8 e e e e e e e e. . e e 8 e■■I PUBLIC RECORDS NOTICE: Please be advised that this claim f6rm, 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.) Furthermore, any attachments, addendums, or supplements attached to the claim form, including medical records, are also subject to public disclosure. eeeee.eeeeeeeeeee.eeee.e e e e e e e e e e e e e e e e e e e e e e e e e e e e e eee■■■e e■e.■e•.e e e e e e e e e ..e e e e e81 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 dollars ($1,000.00), or by both such imprisonment and fine, or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars ($10,000), or by both such imprisonment and fine. i �e �R 5.2}�_ ►vL,�Jer?�_a. 0 5- f 1_0_-_o e, Co�cv�f1y Slte-c: -r�— �_ 'ic� SSlo-- I oo ih.�_3.[q-6J R-9m% '9_ Kv_co_c-_lSecLo_vti i ,� PL 2 -co C n f C_los_� c�ooc� ei•e ce._s�d��c� -fo eg- J_-E' , ' r r mss c u��Q��e�s�,��.��o�s��o�£►tie. e�c+u�� -('O Cie.-c( -�-o \41l_Cl _ ' ( r C r r �.. �{_'�`�/�2r��_G.✓v..c( ��.�i_G�� lJ G�-E�.��_�O_v+�2, �.c�_S S L�i.� 5 CLILar_Qw_w-, ( Sec.vc:-�Y S Y s�e.,M- c�l�c w_._.�£o��Imo r•-�e.__Itic�.c�ca�e_. o_f��S_Iti�._ (-s6ur� ckzowLC�S �w0 u r, ._(',�.,tic�ObS2.c_v�CS.�ov_`-fsc� L'o3=F.� e.c��•-�.Y�S'�4`er��C��'�_c_� -es,— ^w_`�c�1ti� �— I?E. ; �Y�H.o►�5_C`v�Sw e�w�.S_rC 1 e�o��vw w c�J I�ec e_ �e�c�e� r1� OLU� Cc4F, dy-,-� co o1 • I �GC.G 2 J r 10 O� Qc-�© btclti��.voS G`��soXi_r_1.a �1/1D>n 3 r�C'.wL ola3l Wes-�- �,2.1.�-.�c�Zo�_14��{_o�L'-!_g�';-�-�Sl�urc,� C►4� CO✓► r0.Co-Q:ac,- c►ri y' �T c(•:-E L<.rc�G.� w b(�..(o` w�s -£r y i.�=Eo_�t�c.�c -�4`� c�o v�i�r�.. I � lne_{—C-o-vNSk2rt_GT 4P__ C,�nse—E 5, C�_l�'_e5r.�'._��z_c_��:rs�S��.•�r�•�In_c�.r.�S_� S L.o_w +�ca�.t�-f ILA._--,V" cert-e- , 1rt ��_S v�r�v�c_�ec � ►"1Y 12c� c(s a I�O_vJ 5 _(1�v�L�C��/_4�O Y�YVL y S-£O WLG_,C-�)--CC�C � n/ YYT►�b�� wa Low{�c�C_o mac_ C�� -E� czA C�cses-k- L w o �q 1.�. c C� C-C) 5-:c� Ccs :mak S 1�.�r : �f C� \'c-e- 110_1 "1..�C__b_C._�f_r�.l-0 T C)'M\�_D�C �.Yl'�C'C_�_�V N�5_a�`l'✓l ✓L O S.�«��f�� w�s_c�_ldL_c��u cJ�_o_r�.v--E...._l�.nc�_U�k�o.�_r�_CJ.0✓i._ 6ac.ks,��uv�cEuc;rc�r1Y ��... � C_2e=�_�_v_ec��_2_Cw�C�n.G✓.L�.._�f�'L.�rt_v�_ .��1 SC.�r -�'corl �� 6.c..c f��_1 t�e_e_e.�v��c�_f r2_r-t-��-cCo�s_C�r�v_u_•--�o-F' b L.o•�•�s E o ,r• S\,�ejr�{� v E t c,C_- JL /mss G��r ►'Yt.o��_., eve-��_v`�o_c�,wc(�C.�r�L��G�o�a`,�ew I I_C. cl��Y...� lS�..o_c�I w►�c��i_v�s o r�•��2.�.c{_o�x.11�.f l S`._v.L�_Iti.�s�_v`c. .c(�ti-E�1•,��.��mY b�c��_��.e_,1 ., I?, l=C�.f��i �=E_c�f25–D'�r1y -�� --�4.�.-� C_c_"r� •I� �.�_i_c�_ i►ti�v_lL_Cc�_�.o_c'�_►�-�y ►�o_c�_�c�x�c>(�v_w_�_6.�.c-C2o os_D_�3 c?o`6— Y r,�_v►ti'kv�.o w►�cru,rte=bo_�,c�c��_�wL...;c.l-� �s��r_�c,lti._ n.�Y *v l` }'7, cS U`C•e. S G_G.�`—C�V v+1v�� •-E..a �c� o k_�,-� m y `�.U.r1.C.�.v_r_t w o�_v_�c� S�v�c...e�.S.-b_e_:,•�c.�Cltic,,.rce_w�.(f-- lti a �- I ��5e10� 3 c_or_►1_o_"-4<v�aw.v� cmc- c� I��c ,-►-` Fj4z �S-�c�_1�s4.ec�►may S_Ic.o� +�_✓�carE itio.� -Eh � I�_2 'evtc�a.n� a,c_—o� No r w`�s Ec`�1 s k- Lr— Y o ort C� v�.swer�1.Le=C�-Sve�.er�c. � e� c�c� �- �wc� -�1�•.� ��'vv�� cd��r�,•,�wS S�:ll_K:Gk_�v� w�:cls._. ��a �, �-E�w-� t�c� c� w—�S --o Ci-o =-C-e �3'��.I_G�.�:.✓��to��no_ia!1�d�,.�n2r t�c�k.�.��o.c_v_l�e_. -�1nec�_ �001�.1_v�, o_r csf e v�cy Y O$ . \ e �So.va—G,c_r�.S_c-'-'-K-� c�, titTc, bf£ �511��; f_(� ; cam 10, j)_s_;��•e_zcce_Ss�v� -E'o�o�._o_w,t2. c�ccS?�c�k:,tis� s o� r UA - �s Aar Vic( �o Y�v v CIti eQle=�v.,_ _c-e-- -�k•e: � -��5-� s e.,,.cl r`v -E�o�-b.rusk =EL�� b�cce.� o� c�uv�_�.v_`-�c� SSS CQ S: JCv.U^�7—J-�E r��C F C� C. J- l e r` d_e�.e v Ls UPv_✓_��ecc.e�-�_G•-� c�=F-E��-��'ee�S�t v�w�;_c.b..�L_�e.� mv_s_f_ab.�y r_u_l.e_S_��.c�►f��1r er�o��_(�fe_f o Co,r_�.�1 y w��fl_�_ � l�I, �/•l_l�e_c_e_ c�o�s_�� S.c�:_c�C�v��c�Com f�. C o_�_r t.�, S 1..�r;�� c�lr_`�_�,_<�_�,��c_�r•�C�r c�.._r..�r vv�.c`,r�v�-1 3.c�y�{s_G`�r..�t O-/.o_o_s i � I vn.,c> o��110�:e_��.c( �c��k�•�s_�f_e..�s a v.�b.l_e_ ce_� r `�U_rt.c-Fv_c_�.n.o..a�_�.�.cL e.�c�_s��./_�_n�_�..�,_c_<< y_v_t_�_5 cov�.c�v��•1-Eo— - - -t - ITO_- 4—ke ,t� GLG�<o �S� se.,riv_u_s Viotc,-UO.vLS�_Ce I -- is s_ c ke i -� Ce�o-C O Our _ �o.r✓��W_�C✓�r`0-�'`e-�--- k� J i - - _ -- .�6�! -C��5. �-Cc..:v_�__In.�.s -G,.. v►ti.�iw_ti`��e�\__A-v�ou_v,..'�.beGays�_.Pfff_y --- - (�_a r_e._ me tw«� �c�_phl._s i_cc.--((�.._ I - .- ---- -� -'� �-►1C�vi_S.Iti/..._/-��-�h.e;1-_�-2('so-r�c�`_-E.G.;;.r�c,S_�c� be.e.v�_e��U��rfl�^couc,� -- - -- -- -.-� '��k�v�-t'r_o_,-•ti_-Eh..2c�-oc-�c�`�r�r�.�_�_lc,c�s �i vz_ �OYL+IC&I — - ,_- _--- --- . -,� L'os=Ec`_Cau_��Y_Sl�er.��'- U-�-f;-cc..-S Tu.,n._`�•e,c r_t-�Ss�-o-tti ' Av.S�c e-- P I ---- ------ �l?� {�a7 1�_n,r... L�om�._.s �,5. ►2-t-�v��Lly.�Cc`u_w__LCt-E.�z�_••�'rom_-�1�.�5 i _ i evewf_a !Z.-S.� e LA,)-C\.-S- CO V*. -Lc) kec—c-u .-E s G_Lo_use-- eJcirr2 sys tern _h,A_ l�alle_o-lf'.._JQss - ----- - 6Lc,rk w.ovna� w us E_ -Skec� e,-- ut�sf�o _�.bou f y- ace, Yo- -(�Y`5- - w V s_�_. __C 4�c c(o e S Yio _c�ver__ ,• cllr.c�-E- -- dotes_r�o �_Y�tec�r` ftsltie. _'ts_ useo_�u-v`_s6e ;v �u --- _ W� _ z W _Vvnev�-kc..C1 _ a ,-,:lC 1ti_ s-�ccJ Y � y _S�cl�_oFY-V-v Ace, '% s ---_ _ -_ _ 0curs! ,,\.V t�_G KcL - ----_-- e_veryd_c�/_,._YnY_bodyEve�y_fi'me ---- --, -- -- .5..__1.oC�_t<-�-�. w�y_bc`L�G._� �_S��_-�G.�-S_id�v`.-f�-�_y��a�__►n'lr�..c=�G.---- --- -- . blCaY�cle-cL.IY..fv_ leny klr6r � -E.l�.s-�_s _J -e o-fc� 1__becc�us2 - w w ou LA off' C' ----- BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT A. A claim relating to a cause of action for death or for injury to person or to personal property or growing crops shall be presented not later than six months after the accrual of the cause of action. A claim relating to any other cause of action shall be presented not later than one year after the accrual of the cause of action. (Gov. Code § 911.2.) I B. - Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street,Martinez, CA 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. I D. If the claim is against more than one public entity, separate claims must be filed against each public entity. I E. Fraud. See penalty for fraudulent claims, Penal JCodec. 7 atthe end of this form.I■ usssssssENNO MENENEN Os■■sas■ssssssRE: Claim By: . e�rved for Clerk's filing stamp .,. ) REA30 IVED Against,the C of ContrCosta or NOV7 2005 I District) SUPERVISORS (Flll In ile name) ) STA CO. The undersigned claimant he r e b 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 follows: I 1. 1u'hen�did ethe damage or injury occur? (Give exact date and hour) 2. JWhere did the damage or injury occur? (Include city and county) C6 qq 3. (How did the damage or injury occur? (Give full details; use ex a pa er req ed L 4. (What particular act or omission on the art of county or district office s, servants, or employees (caused the injury or damage? �nry1` ('_�.: . a fu yr' �`y�'�' `� 5 iWhat are the names of county or district o icers� ,s rvaiits, bf`�m 1Zi3 causmggme damage or injury? 4s c� ��12L1dlln . . j 6. What damage or hijuries do your claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage.)htb � 9�-7- e. 7. 4`7Mu.�n@.Af- MAolpu5 ow was thetaM. (Inc Ude the estimated amount of an prospective.unjury or damage.) UIP I 8. N4a /mes and addresses of witnesses, doctors, and hospitals: ' V 1� 1 9. List the expenditures you made on account of this accident or injury: DATE TIME AMOUNT ■a as a a I summooaosom■mango%■■sasaaos■■asasa■■■a■■■■msaasea■■gasoaaaaa■■•a am* a s nanMa/eat .Gov. Code Sec. 910.2 provides "The claim shall be signed by the claimant or by some person on his behalf." SEND NOTICES T0: (Attotney) ) Name mad address of Attorney j��►�` ��' �ti1CJ � , � �� (� 1/ (Claimant's Signature) I (Address) I L30X ICA I ' �X 2, Y- T21q Telephone No. ) Telephone No. 7X- mass Masaeaaznasmansos■■amasaaaaaaa■■sa a aasaeaaaaa■a a Eta aaaenassl 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.) Furthermore, any attaclunents, addendums, or supplements attached to the claim form, including medical records, are also subject to public disclosure. a ■an smaaaaa■■saasao"a a son u u aaaaagaaaanaaaaa■■goasaoa■■soanaaaooaamaaens ss as gas Manzi NOTICE: Section 172 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 dollars ($1,000.00), or by both such imprisoiunent and fine, or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars ($10,000), or by both such imprisonment and fine. i � a r i \ 1 \ California Construction & Development, Inc. dba California Energy Consultants 5650 Imhoff Drive, Suite E, Concord, CA 94520 (925) 689-3033 FAX (925) 695-1009 (800) 689-3036 EII Contractors License No. 741018 www.californiawindows.com NOTICE OF RIGHT TO CANCEL Q ) California Energy"Consultants Date of Contract �/ Between - and (Name of Seller)_ I t1 to improve L tame of Buyer(s)) l t7 ` !koAvn! The datef the transaction, which is (Address Being Improved) Your Right to Cancel You may cancel this transaction, without any penalty or obligation, within three business days from the above date. j If you cancel, any property traded in, any payments.made by you under the contract or sale, and any negotiable instrument executed by you will be returned within 10 days following receipt by the seller of your cancellation notice, j and any security interest arising out of the transaction will be cancelled. If you cancel, you must make available to the seller at your residence, in substantially as good condition as when i received, any goods delivered to you under this contract or sale, or you may, if you wish, comply with the instruction of;the seller regarding return shipment of the goods at the seller's expense and risk. i If you do make the goods available to the seller and the seller does not pick them up within 20 days of the date of you notice of cancellation, you may retain or dispose of the goods without any further obligation. I If you fail tol make the goods available to the seller, or if you agree to return the goods to the seller and fail to do so, then you remain liable for performance of all obligations under the contract. • i How to Cancel i To cancel this transaction, mail or deliver a signed and dated copy of this cancellation notice, or any other written notice, or send a telegram to: I i j California Energy Consultants 5650 Imhoff Drive, Suite E, Concord, CA 94520 You may use any written statement that is signed and dated by you and states your intention to cancel, or you may Ise this notice by dating and signing below. Keep one copy of this notice because it contains important information j (bout your rights. If you cancel by mail or telegram, you must send the notice no later than midnight of I I WISH TO CANCEL JII nsumer's Signature Date I i 1, ACKNOWLEDGMENT OF RECEIPT OF FORMS I ;h of the undersigned acknowledge receipt of-a-copy of this^notice. (.-'1...<_r.%i. _. t. MUST BE DATED ► 9 _ (Consumer's Si nature) (Date Signed) I � j � (Consumer's Signature)) MUST BE DATED 1 (Dale Signed) I WHITE COPY-SELLER GREEN,CANARY,PINK&GOLDENROD-BUYER j I i Contract California Construction & Development, Inc. dba California Energy Consultants 5650 Imhoff Drive, Suite E, Concord, CA 94520 (925) 689-3033 FAX (925) 695-1009 (800) 689-3036 Contractors License No. 741018 www.californiawindows.corn NAME HO-PHONE BUSINESS PHONE `i ADDjR I CITY ZIP c2lle `( 1 VV JOB LOCA,IPHONE /� ^' CC&D IS TO FURNISH ALL WATERIALS AND TO PERFORM ALL THE LABOR NECESSARY FOR THE COMPLETION OF: ��. k 1 ZAM 7 1 V UX n �I DR THE SUM OF Dollars($�" ) !ymen to,be as follows:_ : ro ( d ROXIMATE STARTING DATE APPROXIMATE COMPLETION DATE kv XV I material is guaranteed to be s specified. All work to be completed in a workmanlike manner according to standard practices. Any alteration or 'ation from above specifications or unforeseen repairs due to local building costs will be executed only upon written orders, and will become an extra ge over the above estimate.All agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado and other ,Issary insurance. Our workers are covered by Workmen's Compensation Insurance and Public Liability Insurance. on completion of the work under this Contract, Contractor shall remove from the site all temporary structures, debris and waste incident to his etion and clean allisurfaces, fixtures, equipment, etc., relative to the performance of this Contract. �( rized Signature Registration Number contract must be accepted by an Officer of California Construction&Developement, Inc..___._ ACCEPTED actors are required by law to be licensed and regulated by the contractors' State License Board. Any questions concerning a contractor may be ;d to the registrar pf the board whose address is: Contractors'State License Board, PO Box 26000, Sacramento, CA 95826. e event Contractorideems it necessary to file a mechanic's lien to secure payment of the money due under this contract,or in the event it becomes nary for Contractor to file suit to collect any money due under its terms or to collect damages for violation of any of the provisions of this contract, Is owner agrees tol pay all Contractor's costs of litigation including reasonable sum incurred by the Contactor for attorney's fees. OWNER MAY REQUIRE CONTRACTOR TO HAVE A PERFORMANCE AND PAYMENT BOND 3taRCe Of contfaCt The above prices, specifications and conditions are satisfactory and are hereby ce ted. You are authorized o the work as 1. Payrnent will be,made as outlined above. ignature_ cceptance Signature SEE REVERSE SIDE FOR BUYERS RIGHT TO CANCEL CLAUSE -OFFICE COPY CANARY-CUSTOMER COPY PINK-SHOP COPY CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY l BOARD ACTION:APRIL 04, 2006 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 CLAIM AGAINST CONTRA COSTA CO D D Pursuant to Government Code Section 913 and MAR 0 3 2006 915.4. Please note all "Warnings". UNSE AMOUNT: UNLIMITED COUNTY MARTINEZ CALIFZ CALIF.bATE RECEIVED: MARCH 03 2006 i CLAIMANT: REGGIE PERKINS, BETTY PERKINS, BY DELIVERY TO CLERK ON:MARCH 03, 2006 DAVEY BATTLE, AND RAY ANN THOMAS HAND DELIVERED ATTORNEY: UNKNOWN BY MAIL POSTMARKED: I J-24024/GYM-72 ADDRESS: SAN QUINTIN STATE PENITENTIARY 116 CAROLYN DRIVE SAN QUENTIN, CA 94964 PITTSBURG, CA 94565 P.O. BOX 712 FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. MARCH 03 2006 JOHN CULLE 1 Dated: ' By: Deputy 11. FROM: County Counsel TO: Clerk of the Board of Superv'sors („) his;claim complies substantially with Sections 910 and 910.2. O 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). O Clai I 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). l O Other: Dated: 13-CP--0(P By: ry) C:6QD� Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator(2) O Claim was returned as untimely with notice to claimant (Section 911.3). I IV.BOARD ORDER: By unanimous vote of the Supervisors present: ( yj 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. l O Dated: JOHN CULLEN, CLERK, By Deputy Clerk WARNING(Gov. code sectio 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 o,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 1 declarelunder 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. G DatedJOHN CULLEN, CLERIC By—y Deputy Clerk i 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 understand all the separate limitations periods that may apply. The limitations period within which suit must be filed may be ,sh61,ler`or longer depending on the nature of the claiul: 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 Claims Act nor does' it'waive rights under the statutes of limitations applicable to actions not subject to the California Tort.Claim'S4 Act. e' BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT A. A claim relating to a cause of action for death or for injury to person or to personal property or growing crops shall be presented not later than six months after the accrual of the cause of action. A claim relating to any other cause of action shall be presented not later than one year after the accrual of the cause of action. (Gov. Code § 911.2.) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, 1 County Administration Building, 651 Pine Street, Martinez, CA 94553. CII 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. DI 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. ...Osman..........................novas...........................was...as.... a RE: Claim By:Re 4c� e. �� A Reserved for Clerk's filing stamp i �, t �., tet, k,�►� v RECEIVED ay tqn& C.ho MAR 0 3 Against the o o C 2006 CLERK BOARD OF SUPERVISORS DiStnCt) CONTRA COSTA CO. Fill in the name) ,e ) `7— l ec`erte ) The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named district in the sum of$()vk.JkeyL1-ted and in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact date and hour) Lkz-i'-e_ —L-LAJ 0 2. Where did the damage or injury occur? (Include city and county) �� Citic.�wurkln i� -1 Esb�r� Gon-c•'c� Cnsfc, cLni� �3i We.s� 1�e.la�cC IZoc.cl Rpf.#/y9 /�i'f fsb�r� i Gv,�¢r�� Costo C,Lnt. 3. How did the damage or injury occur? (Give full details; use extra paper if required) C�e- c•� �<_�1 w.e Sh2z e j) cos ClcL'I.r` l c,^_cl a 4. What particular act or omission on the part of county or district officers, servants, or employees caused the injury or damage? r le 5 What are the names of county or district officers, servants, or employees causing the damage or injury? Coo--tic` 6. What damage or injuries do your claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage.)��v S�y�t��c a�� t7�� { ',� r Y � , �55aulfi�r�cic�fjet PF(ic'e; u` t(�xC ��siv� o; p�'GlG_Cc��e; y ��— Ytr.��, l�f U)1-0115, (J�, fe-Ly irlc�.r./�..n.ct j7@i/n tiYtCn,^F S'Ztt J:% Cve-tt\ CCyrl�eh5i�tCf 7. I How was the amount claimed above computed? (Include the estima ed amount of'any tc'Y es i prospective injury or damage.) `�„ 1 �G(sSff� 55 Gtiht.� �;� ��,�� we- l�c�Ve� ( -',Ve-c( e-rc� c v�� ec 'e /a%So Std C:�Et � � 4v�re. 4- iof', 2s 8. Names and addresses of witnesses,doctors, and hospitals: ®c-Eo e -�- Mc-c- me-Z cou,�{Y hos?;jrc-t .tl-e.- CcCcw..fy (wes az c��.�EY i�efe,vt;�:ti aG�liFy, Rtto:nzy_ GFil1�v✓'�me( CYiS �Y6Y - 06-7V/R6L 7h 671,k2 ,,s 9. List the expenditures you made on account of this accident or injury: Cm DATE TIME ` F.:c Jew Gov. Code Sec. 910.2 provides"The claim shall be signed by the claimant qxbby some person on his behalf." SE TICES TO: (Attorney) 1 Name an ress of Attorn eC �1 (Claimant's Signature) �Z fi �VC n S Iry y o J � o. i3 c� ,� i� %-t-t S3 Ur-� C4 :. 9 Ys s— GYm - 7.z- ) (Address) Slag �C.R ) Telephone No. )Telephone No. 9,Z S - `/39 —7 i 9 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.) Furthermore, any attachments, addendums,or supplements attached to the claim form, including medical records, are also subject to public disclosure. ..................■■■■■■■■■■■■.■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■Ica■■■■■■■■■■■■ .■■■■■■■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 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 dollars ($1,000.00), or by both such imprisonment and fine, or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars ($10, 00), or by both such imprisonment and fine. .. ``^^�� G �,l��✓vim Qyt� /' 1a (J/L V(fi enl �Lf �l 021305 cL- . /o ..Oopr�L e. Cwe-a_rvL- a>... CFL KYloc-ke- ( oo— -Ke— GCUo\ &-r�c.L Clic. No't- Ce—ce..tve-- CVL C.'YLSIAxr No ,(- cec+ z lu; ncS o-v\- G�rtswe�' � �Lt•� C'_o r�f:-c� Cosf� C�C7/J,ti-Ey Sltieci �' C QF-J� : ee_ -.U-- C Ki e-.kcck t r\_ -6-{Z.e df Lhe,. C//�� trc� COS fc` �o� .. ��r J.�ec�� c c� Ler�v� �. i. C(3 VL��.�t C U`�f� �L7U.l�`/S►leC� fT tIC �C Z � "... -CSG. .CjY�Ze— e-vec\ to Se-e-- V-L/ \N c�- - l_ ve_cy Coo, 4--kQ- Ce,�ic�ev�Cz_� �v`c_Iuc��, 1�lL �E\� KC-Uwc��, c�0 -its `�4\row:r \c� Fb.eS c"-�cl ye..csoo'c-( Lkev!�s_.v�.�Iti� lou, Ffien )a-v: lve,— pu•t C) ' a-:-e er. . C`L 5'sou"Le( S �el� E�c�ed b/. 4,:.: `�h� SecUci E/ �ysEerL e`lo.cyv\— �s {oc�carlec� thfc> �z. f/ ll-� kC7�1e_.. _ CCA�-- t i Yvxvne- -i'G,±e-k C&-U, vve-7 V\2.e-ce- kcl L 14 c-sk C, e-tv%- V.-C,4 :�°,r-e_ o c; .fRoy -Cvvov-vlc�s '?S-'C� ag - (-ovvere Cozo- Cc>4.-%,- CL �, Ila -CV yv�ii s do" 0 is e- f3 Oy\,e- 0-� voZA-', � \A-) 6- ki -V-e tN-y Oy x 5 e- L'i es-e- D o-� SOM-e— CLG 0 lt:c� L nuc x Y, V'VS Ci-V\-ct 0 pyz Yyt C)\/i ck Tlt hC-Qvy\r+-e-�s or I +4 1 l{ ou 0 �Qerczc 8--e i` Ove t'g� a��s c� caXimo.t' / 1D9 3D C,-wL X2,31 Wes e keLc"Cc ZoCj- J4?4o l�l4 `fit � s6L) , CtsJ COAD -ct_-(vsfC. COo,- r I. pe-ver CJ'�G-f,r� . i.J�v �2v uj Z_ o',AA Vto Warr.- U,Ulvt ti J 3,:.. ��.�e�� l ec 1�;.�r�-5 � e,�-� �+ti••rc� -�l�� s f e.- b e��rq�Wim. - C' ��5�- �,•� �:c�esl b �4,:,.,c( Sor-.tom C1c��s beCc. vs� �il :Cltcl•:-•�_. L<r�c�� w.L..o__ �._,c`s. ��v.�-�o l�ec� -�-1ti� Cloc)(' i�r�o r' e_ of Le-f l�itiErcL L�n.e �. ..Sc .cl -to i C, r-e-A V-c c !. i.Jc�.p.v E. 4-- o rn (o..::. ��c U C:�e-c(- 'f�'-iM-v��z- �'c�;�..s�c cl. �s i r�S•� c u �.f��l e_ . 1- w.c�� 5Y\-C EC_V,ec Loup f-y_ kec'-R- .) 7�-C,,wt. GX-C�e.,c 4--key w.a-S ui2c`cfv,e-d ., �1d _ m6 "i &-v - �C--riA 0 r\-w-, %---o wt6,-C k-� c,,c. e C.l 0.%,�v\�- p v\, ��e �'l oc � Y�►`I Lz,S'.ms .w Cr e, 5 �ceAQAe e-J c» `kms -Qco.t-L o-F ..... �-.� Ec �6 L' C C�.�S. CI,CI 4\- or ^CeSiS � u: • li • Ili 4 ' ( r Lb c� �C` L.O(.J�-'��/ � kC �C C ��'��i•Ge- J - ( •e C.`.r- �j �C�f'� I / hv �. -\CtiCe_ -�-o �S � ��, t7►�ys��-� 1� �es�S�G�.tiLe� ��'o"-� (� �„r�S•{. -�c 1•.:�a Cn.S 5 ctiV �-�. c;�n.cl fq « CCO LAJe�S �1 C-( �t t cls -� l fe Ce �v` (tiv� -�� S ♦Z C.s ? kys. WLC`y.S --toC7�y �� lill�•ti{� cti �o � �c` tuv:�E S4�e : : �f Ci �F c� J— Tec�w`JoOL u c- m e_ L I J �!S�c-e. ; -f �-� �; ��s c� 1,� c�c�u�� o :- r`v ��_ An� c��k►2a�..;+� Chun �custec( ucicusly ir�kv rte/ I; � 6(�c i�� uc�ur�v`C� my Sk ,ti c. .. cl dcc.w; ►ti� �lovC�„ ! C, I I; QttiZ b CGV\..kte�- co, C6Lecl/�r_ 6&,xcZ1 7 T >-e-(Le !% ve_Cl c` - erg e�cla(� s C� vu • -� F 6�L�vJS �a t�� e r.cl wed �jc�Gk, ivt� �;ie_'j u,)V%�C_ G� it E > Cou, td,� I`/,jfi � U,..� ©-� -��-� �d�t�� L�s•-tc` �c�v,�-t� S4.e ;� �� v �{`(�z i s o �duI PU �4`� �rl_lrvc( Crti rv\-e_ , v� 4Lec�G( 1i l ' 4--or -vvc.,+-uccJ Le_?c�s� 1!iC � c'-e �ved Yx-v i �t 4-k 'L�-� a:C�e_ In E ►�y CLC e._ ts, i; �►1 e_ ��-�t S:ci.� o-'t `�e c��;� �e�c- �.►mss -��.e.e, v..�c`.S U..,r��l S'� iL - x-\-uvvt-6 '0C,0<> rl,% 6 C�C- bee ^- i +is YL o -e vn-e-r-cSe. �c Vlc.s. or-- 0� e__QN— y V\, -z— YK A 'p-c- q 9 C-,_C,k 00 C_ W CO t-),— : hy 6L- L) CL iYvc- k- �f[: CfJse-> 6A+ory-LQv \,.j ouv-%-a CC� Ckex6�L- kAJ V c'-s. C C;,So I!` i yj 6!� 311; Co H i3 C-��:-c� !mss ��lis�.- tel. S-Ec-te_._ proc.e.doc-e— - i1 c� Covn-ty 1�, c�leSSv`eSs 9Us�n -2)cc e-ssve Uc e.e, e_ -Eco avi I{�'�to�e_� �C'c�G�uce- -�c©r+� c� 1��o�.�s►1 �c.C_-� o � y`�,.r r•°ti c,-bl�s4.ec� I!�d n� e,� �.s w`r �I�i.e� e•e,s�c.\e r�G � c� �c� ; c�>�c_� -�1ti� �t'v v�-� lIi ��;��ur �,.>t,�S St:l,l K:�k-►vim i...�l... c�lti S�c��..� ��w.-� �c5 i� :ti� Ij WAS � r`5 �cle� 4z 4 i�/� �Or`'trc� CoSfC, Uuti1{" ��c, F� ��rcLGe_ ., - (�� rv�`l��smis:�jo:� 4-0 f�; I i — �I Cepvvkcc,.- Los-(-C` Cc7ur`t`/ '+1 c`,co1� I�r�e-�-k �c�Je- �u\e� 1�o40FAe- ow � 0 4-. 4e_ Ia 0`c C��Q. �� c- ,il .:i kc`J YLo V�,-nov.: C7 j 2� C>V" C�-c rYi S f� e- b 2 f� Vv e\ c�, 6�/ - - w c) C d Ar cL Ce9 s FQ �j CoL)A:� YC,e— j LG + krU� G\ 0-- bc,,-tCe_l 'tv\--OLG Rici� ler k�Y�S 10 a- 'n_-iQ/LCt ( 'ol .!i �Si�c� �1CCesSive. �oeGe_ o V� ��cJ� erk. n-S \, 'i:- a-C C , sc;-Gc -3 ec� Cv.�-�-rcrc� CLOs-Ec` Cc>u ,^Ay _ __. '�:-��Aa�+r`e.c( �o- �v -� C u�G� �e_o._�le_ ��.-�Yi.� 'a.c.e_ w � -E ►.�. to Cr,CK .n_o •-(-- 4--�rvsk � � b�ccela ("E•e , r- : ,C\Uv\- lv\--�G la*.: l7c trs �:s Violc`4e-Jf ��cso �ti ric�l�f� - 43. �arLCC� CO S :C4Z-- �. - >eC�e-�- c�e�e rcls :.:ey 4-he• ,ce -A-, ,O � �he OTC ,,cets tv- %,,j cJI� -��,e.y I ! f r l : wo f 5be. fule5 -f/zer �00.iLure_ le0 Cov �� Ll - -- -�y,- ._V.Ike-ce_ Te c,,r,.`. ��O.'S O L� t'��•2�..-�) �lt�o��:� ) -- -_ .:._.__..__ :�•v�,. -Eec� Sfc�.-F� �..G.�.i1 -w.l�; c.lr� �c�..�.o��si-�u�io,..r�l. iY\- Sortie_ one_ ce_s�den_ce_ - ._ . �. .._ . ... YLO owe- c�+- C` Cec�Sa�� c`bl� ' S-�c�,-�<< c��c� .•f0 --�h s'v s-f c;` 6c..c c-QrL t r`fo a '�2Cso V� Skt�1,J I _... .. UrLc_-LLrcinci +tiC�t (�VI �nr,� < yVCt o -- --- -_ • . �.lr'tL w.� �C-v-e— 4-c7.._S -fc...�d b�. .c�r-c�_w6-.-fes �,,•�-rcti CoS�lq !e e`,rl tv e CiC�� C7� '� �te �S' LLG7�� Vrt `s� S V4t7C4 EtC ✓LS� CI' �USt•1t� EG ��tCe. GL � iitC \efcc't—r- t:3roo koffte-4t-20,t-, C .n Ger c� l�cwte�e� cwt L f _ G re, me fc�� ti/ i~�C �h�,-'s (tY ltiacl.( bee- cc�.ti� tltirc�t��► bt ��tirictitic�ct zs c� r.c� ESS L . o M-e G.c I�c�c+ ID i ct v� Y�r� o rL e_ v t_.. CosfCt_ Cci3A.fy Sher\-( ' 04 C.!- J ' TeG tn1 �SMt L -Eo 5-U�-C k ?AC17�11 �� L�tar�c S LS mi� -Ec fly �r�u, t� Et"z �fcs -�ft�s we-tti,C b 9/�/o s . -Le-- Lo c`S , Cor . fo '„u/oU f/F llwlzr A4e- ejc-�r rrt °.rsfem h fra�z� vhf' jos � beui�Sz Ske 1`3 btc, c.�c wC>rng2 Wk.o b�uxl F �Y+t/Kc f�Ct Gtr1}! Gct eS Ct US4- CA ,bmuf Laky cLre. yon (�v/s ixLcSicLe, vny 6Luv\,k'S hoc L i`Li\c� do CS v\o 1 u'C- c 1,�4 Ido es rw•C vpz.eart E 5ke✓ is vse_--o�4�ti s LA)k w�S �k� C�c�vt5 CLIC o � her e ? �c CLIcct"r+�tifi ze Y - -raYn E1,4s Cess al .'�Lze_ 1� 'ti Sicl� yv, �G ce_ iss-fill Y! etves Gyre S �LLCLXS-�yrb l car._ 4— (/ f k'L C cl o le,s Ir o f 6,YL CL o k �� .L-l�Uy1-'�r7 ) �J G� �\„�L•i,+,VL. { e- Ver /cictJyrq(y body is Cov eEelY iY�- S-1�ce55„ 1:�:vef--Yfi"Nze. rGvtclecl 1vtifi; /r1�/ k-%Y\- S ti` Cecti� e_,�o--Eior- &,..` 1 EI�c--te-- -(4D r- Flee re s•t o-� rnY be-+fz K- ye-f J BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT A. A claim relating to a cause of action for death or for injury to person or to personal property or growing crops shall be presented not later than six months after the accrual of the cause of action. A claim relating to any other cause of action shall be presented not later than one year . after the accrual of the cause of action. (Gov. 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 Pune Street,Martinez, CA 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Cod ec. 74 at the end of this form. ■■ ■aaaaaa■Rowan mammas■■aaazon a■■■some ra4"01.1+ llx a a a a a K a a a a a a ei r a a 9 i et RE: Clain By: es,rved for Clerk's filing stamp RECEIVED Against the C of ContrJ Costa or ) NOV .0 7. 2005 District) CLERK BOARD OF SUPERVISORS (Fill ]n the name) ) CONTRA COSTA CO. 1 The undersigined claimant hereby makes claim against the County of Contra Costa or the above-named district in the sum of$ '` Q w and in support of this claim represents as follows: 1. "Then did the damage or injury occur? (Give exact date and hour) /�/// fVl.. aI.Q,' L. -'-'ni aP!/7? l"�;,`C/ / 17/f f'Lt , •1 2. Where did the damage or injury occur? (Include city and county) , 3. How did the damage or injury occ ? (Give full details; use ex a pa er req ed ' 4. "That particular act or/omission on the Partcounty or district office s, servants, or employees _ caused the injury or damage? Lagq'N c � S uC T � 5OaK,► ",t 51 What are the names of county or district o icenwits, to Il y atisingthe damage or injury? 6. What damage or injuries do your claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage.)4L 7. low was the un cfdnri a o compute (Iric ude the estimated amount of any prospectiVe.injury or damage.) ` /� U 8. N� A Nam es and addresses of witnesses, doctors, and hospitals: )V A- 9. List the expenditures you made on account of this accident or injury: DATE TIME AMOUNT ■r■■te�a EErau EEr EreetErarvaEuararaa■aaaaa■EEtEaaaaaarEE■taatauaatarare Eaasaar■ae e� .Gov. Code Sec. 910.2 provides "The claim shall be signed by the claimant or by some person on his behalf." SEND NOTICES TO: (Attorney) ) Natne and address of Attorney (Claimant's Signature) (Address) 1 A BOX PAS-'i-ir��l Telephone No. )Telephone No7X !2�, — 721q -i1_aaaaaaaaaaeaaru asataa0aa■Eura■■e■a Ea■■a Eaaanaararararasaa■auaaaa■aatararar eaa E� 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 Califomia Public Records Act. (Gov. Code, §§ 6500 et seq.) Furthermore, any attachments, addendums, or supplements attached to the claim form, including medical records, are also subject to public disclosure. E■aaaaa a-a EaE■raaa■■n WEaaE a urEa Ea■aaaaa ra Ea E■■aEraaEata a■■E u■■EtEaaaa■ raa Earn rare 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 dollars ($1,000.00), or by both such imprisonment and fine, or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars ($10,000), or by both such imprisonment and fine. / 4 t� �� {....LJ.• r-i Ch cs.3---�A--s.�._ ( �PSYLi'�..�_� �,, i �?�' 4'9-e'7'i�.`.' Contract California Construction & Development, Inc. dba California Energy Consultants 5650 Imhoff Drive, Suite E, Concord, CA 94520 (925) 689-3033 FAX (925) 695-1009 (800) 689-3036 Contractors License No. 741018 www.californiawindows.com NAME HOME PHONE BUSINESS PHONE ADDL4 ' CITY ZIP C T JOB LOCA ,I 91 PHONE -�^' L IL-U/►�r X CC&D IS TO FURNISH ALL ATERIALS AND TO PERFORM .;LL THE LABOR NECESSARY FOR THE COMPLETION OF: 0j I )R THE SUM OF Dollars($ ) Hymen tn,be as follows:_: 'ROXIMATE STARTING DATEb APPROXIMATE COMPLETION DATE I material is guaranteed to be s specified. All work to be completed in a workmanlike manner according to standard practices. Any alteration or 'ation from above specifications or unforeseen repairs due to local building costs will be executed only upon written orders, and will become an extra ge over the above estimate.All agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado and other ?ssary insurance. Our workers are covered by Workmen's Compensation Insurance and Public Liability Insurance. on completion of the work under this Contract, Contractor shall remove from the site all temporary structures, debris and waste incident to his ation and clean all surfaces, fixtures, equipment, etc., relative to the performance of this Contract. l rized Signature Registration Number �/ I A contract must be accepted by an Officer of California Construction&Developetnent,Inc..____._ ACCEPTED actors are required by law to be licensed and regule.ted by the contractors'State License Board. Any questions concerning a contractor may be ;d to tl.e ;gistrar of:he board whose address is:Contractors'State License Board, PO Box 26000, Sacramento, CA 95826. e event Contractor deems it necessary to file a mechanic's lien to secure payment of the money due under this contract,or in the event it becomes >ary for Contractor to file suit to collect any money due under its terms or to collect damages for violation of any of the provisions of this contract, Ie owner agrees to pay all Contractor's costs of litigation including reasonable sum incurred by the Contactor for attorney's fees. OWNER MAY REQUIRE CONTRACTOR TO HAVE A PERFORMANCE AND PAYMENT BOND 7tance of Contract The above prices, specifications and conditions are satisfactory and are hereby ce ted. You are authorized do the work as 1. Payment will be made as outlined above. / y�Signalure cceptance .Il� Cll / Signature 111 SEE REVERSE SIDE FOR BUYERS RIGHT TO CANCEL CLAUSE -OFFICE COPY CANARY-CUSTOMER COPY PINK-SHOP COPY California Construction & Development, Inc. dba California Energy Consultants 5650 Imhoff Drive, Suite E, Concord, CA 94520 (925) 689-3033 FAX (925) 695-1009 (800) 689-3036 Contractors License No. 741018 www.californiawindows.com NOTICE OF RIGHT TO CANCEL �.' ) California Energy Consultants.__ Date of Contract I I I _ Between and (N Lame of Seller to improve ' f ,� �. J ame of Buyer(s)) 1 - j r The date of the transaction, which is (Address Being Improved) ) Your Right to Cancel You may cancel this transaction, without any penalty or obligation, within three business days from the above date. If you cancel, any property traded in, any payments•made by you under the contract or sale, and any negotiable instrument executed by you will be returned within 10 days following receipt by the seller of your cancellation notice, and any security interest arising out of the transaction will be cancelled. If you cancel, you must make available to the seller at your residence, in substantially as good condition as when received, any,goods delivered to you under this contract or sale, or you may, if you wish, comply with the instruction j of,the seller regarding return shipment of the goods at the seller's expense and risk. If you do make the goods available to the seller and the seller does not pick them up within 20 days of the date of you notice of cancellation, you may retain or dispose of the goods without any further obligation. If you fail to make the goods available to the seller, or if you agree to return the goods to the seller and fail to do so, then you remain liable for performance of all obligations under the contract. How to Cancel I To cancel this transaction, mail or deliver a signed and-dated copy of this cancellation notice, or any other written notice, or send a telegram to: California Energy Consultants 5650 Imhoff Drive, Suite E, Concord, CA 94520 i You may use any written statement that is signed and dated by you and states your intention to cancel, or you may Ise this notice by dating and signing below. Keep one copy of this notice because it contains important information (bout your rights. If you cancel by mail or telegram, you must send the notice no later than midnight of i WISH TO CANCE=L f i nsumer's Signature Date i ACKNOWLEDGMENT OF RECEIPT OF FORMS i ;h of the undersigned acknowledge receipt of-a-copy of this notice. ---r y MUST BE DATED f i (Consumer's Signature) (Date Signed) N MUST BE DATED 0 i (Consumer's Signature) - (Date Signed) I i WHITE COPY-SELLER GREEN,CANARY,PINK&GOLDENROD-BUYER ! AMENDED CLAIM A BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY BOARD ACTION: APRIL 04, 2006 Claim Against the County, or District Governed by ) ,the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action, All Section referen �� j� The copy of this document mailed to you is your California Government Codes. ) notice of the action taken on your claim by the R!Ak 0 2 2006 Board of Supervisors.(Paragraph IV below), given Pursuant to Government Code Section 913 and COUNTY COUNSEL 915.4. Please note all "Warnings". MARTINEZ CALIF. AMOUNT: JURISDICTION RESTS WITH THE SUPERIOR COURT IMIEMESS OF $10,000.00 DATE RECEIVED: MARCH 03, 2006 CLAIMANT: MARIA VALDEZ AND SHIRLEY STIMMEL BY DELIVERY TO CLERK ON: MARCH 03, 2006 ATTORNEY: STEVEN R. CLAWSON ADDRESS: � WELLS, CALL, CLARD BENNETT BY MAIL POSTMARKED: HAND DELIVERED & CLAWSON 620 GREAT JONES STREET, FAIRFIELD CA 94533 FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. MARCH 03' 2006 JOHN CULLEN, Clerk Dated: By: Deputy Y � II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( This claim complies substantially with Sections 910 and 910.2. O 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). O Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of ciaimanCs right to apply for leave to present a late claim(Section 911.3). O Other: Dated: JBy: Deputy County Counsel 1II. FROM: Clerk of the Board TO: County Counsel (1) County Administrator(2) O Claim was returned as untimely with notice to claimant (Section 911.3). 1 IV.BOARD:ORDER: By unanimous vote of the Supervisors present: ( This Claim is rejected in full. O Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. O 1 Dated:4AY/�m�i`, o?.�flli JOHN CULLEN, 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: A/i; WJM W JOHN CULLEN, CLERK ByDeputy Clerk i 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 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 claim. The County of Contra Costa does not waive any of its rights under California Tort Claims Act nor does it waive rights under the statutes of limitations applicable to actions not subject to the California Tort Claims Act Jr I - I Q 6 1 Z9 -F2 77 71. :3-j,- . 31. J: u. j 7`;i`RU CTIOj+S TO Ci.sP-i_1`T A. A ciaiin relatLng to a causi of action fOr Qeath Cr tOr !.".11'_f io C�-SOTI C' IC OMSOZ 1 DrOD?i'.;/ OT (rro1NI1:1:Y crops Stall be present-d not later than s,\: MCntu�S a:-:e7 the accrLul of t�P caasa of action. A clai.*n relating ?o any other ca'tse of ac;inn shall be prese,ied not late: _han ore yea err fhe a;crua't of he cause of action, (Gov. Code § 911.2.) B. Claims must be filed with the Clerk of the Board of Suner-ri:ors at its otitce in Rcem 106, County Administration Building, 651 Pine Street,Martinez, CA 9"553. I C. I 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 tie claire is against more than one public entity, separate claims must be .fled against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at the end of this form.' r u��..��s�.r►��..�h�r a...w..6604olla. ■MAN•to q#.. .....l AMENDED RE; Claim By: Reserved for Clerk's filing stamp Maria Valdez and Shirley Stimm2l ) RGC��C® } �V MAR 0 3 2006 Against the County of Contra Costa or ) _ ) CLERK BOARD OF SUPERVISORS District) CONTRA COSTA Co: -— - - -------_-- -- (Fill in the name) ) ) The undersigned claimant 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 follows: J;2tSPw-r%o N OASrs z,a" T"& 5U,0612 LOVt CSS lea £Ycssg 1. When did the damage or injury occur? (Give exact date and hour) 09/03/051 2010 hours. 2 Where did the damage or injury occur? (Include city and county) In the intersection crossing of Appian Way at Fran Way in an unincorporated are in' Contra Costa County. 3. How did the damage or injury occur? (Give full details; use extra paper if required) Claimants were struck by a motorist while using the crosswalk with due care. 4. ' What particular act or omission on the part or county or dist:icr officers, servants, or ernployces caused the injury or damage? See Attachment "A" 5 `ghat are the narras of county or district officers. sdr-wars, or employees causing the dan:ape or injury? - See Attachment "A" 0221/2006 16:.39 CONTiWOSTA COUNTY CLERK OF THE a 91707J7785 NO.815 P02 6. What damage or injuries do your claim resulted? (Give full extent of injuries or damages claimed. Artach two estimates for auto damage.) Injuries claimed by Claimant Maria Valdez are fractured leg, hip and cracked tibia. Injuries claimed by Claimant Shirley Stimmel are to her entire left side and knee. I 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) Jurisdiction resides within the Superior Court. 8. Names and addresses of witnesses, doctors, and hospitals: See Attachment "B" 9. List the expenditures you made on account of this accident or injury: DATETWE AMOUNT ...........................................rrr r.rl.r1••II rIr 111/1lr rrrr 1.111111.11111 ) Gov. Code Sec. 910.2 provides"The claim shall be )signed by the claimant or by some person on his )behalf." SEND NOTICES TO: (Attorney) ) Name and address of Attorney ) Steven R. Clawson ) (Cl merit's Signature) Wells, Call, Clark Bennett & ) Clawson ) 620 Great Jones Street ) (Address) iFairfield, CA 94533 ) Telephone No, 707-426-5300 )Telephone No. ..11/1111111 r•1111■f.■Irl••r1.1••/•1111rrr 1111111111/111111111r••11r►111Sao 111111rr 1, 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 Califomia Public Records Act. (Gov. Code, §§ 6500 et seq.) Furthermore, any attachments, addendums, or supplements attached to the claim form, including medical records, are also subject to public disclosure. ..■/■1•■1.11.1x•■1.11.1/•1►11■1./■•11/111Yr Yr111111111/1/111111•■x11111111111111.1111. NOTICE: Section 72 of the Penal Code provides,- Every rovides,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 dollars ($1,000.00), or by both such imprisonment and fine, or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars ($10,000), or by both such imprisonment and fine. Attachment "A" AMENDED CLAIM Claimants, Maria Valdez and Shirley Stimmel, were walking across the street in a marked crosswalk on Appian Way at its intersection with Fran Way, in the City of EI Sobrante, County of Contra Costa, State of California when they were hit by a vehicle driven by Charlotte Alvarez. The crosswalk, where this incident occurred was constructed by, and at all relevant times herein, was and is owned by, dedicated to, and is subject to an easement in favor of the County of Contra Costa and the State of California and is customarily and habitually maintained, repaired, and controlled by the County of Contra Costa and the State of California and is known by them to be traveled by pedestrian traffic. Claimants' injuries were proximately caused by the defective roadway, its design, construction, inadequate lighting, non operative street lights, absence of a signal light or flashing yellow light and absence and lack of pedestrian crossing signs sufficient to warn motorist of pedestrians using the crosswalk with due care. The condition of the defective roadway as above described constituted a dangerous condition of public property that created a substantial risk of injury to pedestrians and passers by walking with due care on Appian Way at its intersection with Fran Way in the City of El Sobrante, County of Contra Costa, State of California, proximately causing Maria Valdez and Shirley Stimmel to sustain bodily injuries. The above described roadway, intersection with its street lights, signs and signals or the absence thereof, were negligently and carelessly designed, constructed, owned, operated, repaired, controlled, created, inspected, supervised, installed, signed, signaled and maintained by the County of Contra Costa and the State of California and their agents, principles, employees, councils, departments, supervisors, divisions, committees, and employees so as to cause the roadway to be defective, making it dangerous and unsafe, and proximately causing the injuries and damages to Maria Valdez and Shirley Stimmel. The County of Contra Costa and State of California, including its agents, principles, employees, councils, departments, supervisors, divisions and committees had actual constructive notice of condition of the roadway as above-described. Said condition had existed in substantially the same state and appearance for a substantial period of time prior to the time of the September 3, 2005 accident, sufficient to allow the County of Contra Costa and the State of California to have taken measures to protect against and or remedy the dangerous condition. Tile above described dangerous conditions were of such obvious nature that the conditions and its dangerous characters should have been discovered by the County of Contra Costa and the State of California and would have been discovered had there been a reasonably adequate inspection and/or inspection system maintained and operated with due care. The close proximity of an elementary, junior and high school along with a bus stop used by these school children on a regular and daily basis to the intersection where this accident occurred, in conjunction with the speed traveled by vehicles down hill on Appian Way, typically in excess of the posted speed limit, toward the intersection and crosswalk in question, necessitated heightened monitoring, maintenance and inspection which was not performed. The condition as above described created reasonably foreseeable risk of the kind of injuries suffered by claimants. i APPLICATION TO FILE LATE CLAIM 1 BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA e. / BOARD ACTION APRIL 04, 2006 Applicatik:)n to File Late Claim ) NOTICE TO APPLICANT Against the'County, Routing ) The copy of this document mailed to you is your Endorsements, and Board Action.) notice of the action taken on your application by (All Section References are to ) the Board of Supervisors (Paragraph III,below), California Government Code.) given pursuant to Government Code Sections 911.8 and 915.4. Please note the "WARNING" below. Claimant: . BRENTWOOD ROD AND GUN CLUB, INC. EXOMV� a California Non-Profit Corporation D Attorney: GLENNSS. McROBERTS FEB 2 8 2006 Address: 180 E. OCEAN AVENUE,SUITE 200 COUNTY COUNSEL LONG BEACH, CA 90802 MARTINEZ CALIF. Amount: $1,7009000.00 By delivery to Clerk on: , FEBRUARY 28, 2006 HAND DELIVERED BY Date Received:FEBRUARY 28, 2006 By mail,postmarked on:, 0019 v rnITWEI I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above noted Application to File Late Claim. DATED, FEBRUARY 28, 205OHN SWEETEN,Clerk;By: DEPUTY II. FROM: County Counsel TO: C rk oft ejBoard o Supervisors ( ) The Board should grant this Application to File Late Claim (Section 911.6); ( The Board should deny this Application to File Late Claim (Section 911.6). DATED: 5+01v SILVANO B.MARCHESI, County Counsel,By: f_CQ12,Q�L, DEPUTY III. BOARD ORDER By unanimous vote of Supervisors present (Check one only) ( ) This Application is granted (Section 911.6). (� This Application to File Late Claim is denied (Section 911.6). 1 certify that this a true and correct copy of the Board's Order centered in its minutes for this date. // 404" OdG /P DATE: � JOHN CULLEN, Clerk, By: R�� DEPUTY WARNING (Gov. Code §911.8) If you wish to file a court action on this matter,you must first petition the appropriate court for an order relieving you from the provisions of Government Code Section 945.4 (claims presentation requirement). See Government Code Section 946.6.Such petition must be filed with the court within six(6) months from the date your ap-jcation for leave to present a late claim was denied. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney,you should do so immediately. IV. FROM: Clerk of the Board TO: (1) County Counsel (2) County Administrator Attached are copies of the above Application. We notified the applicant of the Board's action on this Application by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. DATED/tPYV/f-C$ *&"6 JOHN.CULLEN Clerk, By: 4271 DEPUTY V. FROM: (1) County Counsel (2) County Administrator TO: Clerk of the Board of Supervisors IReceived copies of this Application and Board Order. DATED: County Counsel,By: County Administrator,By: I APPLICATION TO FILE LATE CLAIM u S 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 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 statute's and cases applicable to your particular claim. The County of Contra Costa does not waive any of its rights under California Tort Claims Act nor does it waive rights under the statutes of limitations applicable to actions not subject to the California Tort Claims Act. rl i 02/28/?006 10:03 FAX 562 216 4445 TRUTANICH-MICHEL, LLP Q002 r CARMEN A.TRUTANICH OF COUNSEL g C.D.MICHEL .0V -" JOHN F.M&CHTINGER Los ANGELES,CA Los ANGRY V,CA GLENN S,McRomm's .^, DON B.KAxES: �4!L,LP `4 SAN DIEGO,CA puil , . No SAN RANCISCO,4:4 A t t r n e y s A L a w LOS ANGELES ..SAN DIEGO KK.BENENSON td Z 8 2006 Ea YORE,N.Y. Glenn S.McRoberts CLERK SOARL)OF DAVIDT.HARDY 77 (619)297-00 gmcr�3bctsl@t-nilaw.von.com CON A Co SUPERV, Ons TucsoN,AZ STA CO. February 28,2006 VIA FAX AND CERTIFIED MAIL -RETURN RECEIPT REQUESTED Silvano B. Marchesi c/o Monika Cooper Deputy County Counsel County of Contra Costa Administration Building 651 Pine Street, 9t'Floor Martinez, California 94553-1229 Re: Claim of Brentwood Red and Gun Club,County File#LP992027 Dear Ms. Cooper: We are in receipt of your Notice to Claimant dated February 14, 2006,rejecting Brentwood Rod and Gun Club's government claim,and your correspondence dated January 26, 2006, entitled"Statutory Warning Pursuant to Government Code Section 911.3." Both documents indicate that,to the extent some of the claims made required filing of a Government Claim within six months, those claims"may not be timely filed." We believe the Club substantially complied with any filing procedures and respectfully suggest that the issue is not worth pursuing, for the following reasons: (1) the earliest possible date that the claim could have been due was six months after the Board met on July 12, 2005, assuming that is the date of the Board's final decision denying the Club's land use permit(note, the Board voted to alter the findings at that meeting:,so a later date may apply);(2)six months from that date would have been January 12,2006; (3)although mail service is permitted, our staff timely faxed the government claim to a process server a ver in your area on January 11 for immediate personal service; (4) after one failed attempt, the claim was US Personally served o n January 18;(5)in the interim,our staff faxed a copy of the claim directly to your office on January 16; and(6) thus,your office had actual notice in advance of the time when you would have received the claim had we simply sent it via U.S. mail on Thursday, January 12 (Note, it was a holiday weekend, so your offices were closed January 14, 15, and 16, and there was no mail delivery on th I e 16', so mail would not have arrived until the January 17 or later). i In addition, because a writ has already been filed in this matter (i.e., the matter is at issue) and inasmuch as the County received actual notice as soon or sooner than it would have had we simply mailed the claim on January 12,the County has suffered no prejudice. 190 E.Ocean Boulevard,Suite 200-Long Beach,CA 90802•Tel:(562)216A444-Fax:(562)2164445 www.tmllp.com 02/28/7,.006 10:04 FAX 562 216 4445 TRUTANICH-MICHEL. LLP Z003 February 28, 2006 Page 2 In any event, it would appear that the County has rejected the Club's claims in full, regardless of anypossible service issue as to some claims. Please let me know if that is incorrect. Nonetheless,pursuant to the instructions in your January 26 Notice to Claimant, the Club is submitting herewith an Application for Leave to Present a Late Claim and the Declaration of Denise Smith in support thereof to preserve its rights. If submission of this application impacts the date the Club's claim is considered"rejected,"please call me so we can avoid any confusion concerning the date for filing the Club's complaint. Thank you for your courtesy and anticipated cooperation. i Sincerely, TRUTANICH•MICHEL9 L I GlWn S. McRoberts cc. Tom Geiger, Deputy County Counsel I i I, i it 180 E.Ocear•.Boulevard,Suite 200•Long Beach,CA 90802•Tel:(562)216-4444•Fax:(562)216-4445 www.tmllp.com 02/28/7006 10:04 FAX 562 216 4445 TRUTANICH-MICHEL, LLP a004 I 1 1 C. D. Michel Glenn S. McRoberts 2 TRUTANICH •MICHEL,LLP 180 East Ocean Boulevard 3 Long Beach, CA 90802 Telephone: (562) 216-4444 4 Facsimile: (562) 216-4445 I Attorneys for Brentwood Rod and Gun Club, Inc., Claimant 5 6 1 7 APPLICATION FOR LEAVE TO PRESENT LATE CLAIM BY BRENTWOOD 8 In the matter of the application of ROD AND GUN CLUB, INC., CLAIMANT BRENTWOOD ROD AND GUN CLUB, PURSUANT TO GOVERNMENT CODE § 9 INC. a California Non-Profit Corporation, 911.4; DECLARATION OF DENISE SMITH 10 j it 12 To thr Contra Costa County Board of Supervisors: 13 1. As a preliminary matter, please note that the County by its Notice To Claimant,mailed 14 to claimant on February 15, 2006, has'rejected Brentwood Rod & Gun Clubs claim in full. 15 Nonetheless;,because there is a potential dispute regarding the timeliness of the Club's claim and 16 in compliance with the instructions provided in the County's Statutory Warning Pursuant to 17 Government Code Section 911.3,the Club hereby submits this application for leave to present a 18 late claim, as follows. 19 2. Application is hereby made, pursuant to Government Code § 911.4, for leave to present 20 a late claim on a cause of action for abuse of the environmental review process, improper denial 21 of a land use permit, bias, discrimination, denial of due process,regulatory taking without 22 compensation, unfair process, violation of conflict of interest laws, denial of equal protection, 23 breach of fiduciary duties, breach of the covenant of good faith and fair dealing, equitable 24 estoppel, promissory estoppel,negligence, conspiracy, interference with prospective economic 25 business advantage, intentional misrepresentation, common law fraud, violation of the Political 26 Reform Act.of 1974, and violation of the California Environmental Quality Act (CEQA), 27 California Public Resources Code sections 21167,21168, et. al.. This claim arguably accrued on 28 1 APPLICATION FOR LEAVE TO PRESENT LATE CLAIM 02/28/006 10:04 FAX 562 216 4445 TRUTANICH-MICHEL, LLP 0005 1 or about July 12, 2005, and may not have been presented within the six-month period. 2 3. Th-.s claim arises from the denial of a land use permit. The Claimant, Brentwood Rod 3 and Gun Club, Inc.,was forced from its property at 731 Concord Avenue, Brentwood, California 4 by action involving Contra Costa County, purchased property at#280 Camino Diablo in the rural 5 area of Contra Costa County, and applied for a land use permit for the relocation of its facilities. 6 Processing of the application was delayed by approximately six years, after which the application 7 was wrongfully denied by Contra Costa County in violation of the Claimant's rights. (See 8 proposed claim attached hereto.) 9 4. If the claim was not presented within the six-month period, it was through mistake, 10 inadvertence, and excusable neglect. (See declaration of Denise Smith attached hereto.) 11 5. This application is being presented within a reasonable time after notification by the 12 Office of County Counsel, County of Contra Costa, that the claim previously submitted by 13 Claimant was not presented within six months after the denial of the permit on July 12, 2005, and 14 a reasonable time after the accrual of the cause of action. The claim was previously presented on 15 January 16,2006, allegedly four days after the six month period. 16 6. Claimant's law firm, Trutanich•Michel, LLP faxed the original claim form to an 17 attorney's service on January 11, 2006 with the reasonable expectation that it would be personally 18 served on January 12, 2006,instead of mailing it on that day. Unfortunately,there was a delay in 19 the personal service. On January 16, when it was discovered that the claim had not been served, 20 the firm fax-filed a copy of the claim to County. (See declaration of Denise Smith attached 21 hereto.) 22 7. Due to the intervening weekend and holiday(January 14, 15, and 16), the County 23 received the claim just as soon as,if not sooner,than it would have received the claim had it been I 24 mailed from San Diego on January 12,2006. Therefore, the Club substantially complied with the 25 service requirements, and the County suffered no prejudice due to the fact that it was served via 26 facsimile on January 16,2006. 27 28 I 2 APPLICATION FOR LEAVE TO PRESENT LATE CLAIM 02/28/2006 10:04 FAX 562 216 4445 TRUTANICH-MICHEL, LLP IM006 1 2 3 WHEIZEFORE, it is respectfully requested that this application be granted and that the 4 attached proposed claim be received and acted on by the Contra Costa County Board of 5 Supervisors. 6 7 Dated: FebntaryX, 2006 8 SEND NO'CICES TO: TRUTANICH • MICHEL, LLP 9 Trutanich Michel,LLP 1081 E. Ocean Blvd., Suite 200 10 Long Beach, CA 90802 11 S 12 a S. McRoberts, Attorney for Claimant B t vood Rod & Gun Club 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 APPLICATION FOR LEAVE TO PRESENT LATE CLAIM 02/28/2006 10:04 FAX 562 216 4445 TRUTANICH-MICHEL, LLP 16007 1 PP O�SERVICE 2 STATE OF CALIFORNIA 3 COUNTY OF LOS ANGELES 4 I, Denise Smith, am employed in the County of Los Angeles, California. I am over the age eighteen(I S) years and am not a party to the within action. My business address is 180 East 5 Ocean Blvd., Suite 200, Long Beach, CA 90802. 6 On February28 , 2006, I served the foregoing document(s) described as, APPLICATION FOR LEAVE TO PRESENT LATE CLAIM 7 on the interested parties in this action by placing ( ) A a original 8 ( ) a true and correct copy thereof enclosed in sealed envelope(s) addressed as follows: 9 Emy L. Sharp 10 Deputy Clerk of the Board Contra Costa County Board of Supervisors 11 Contra Costa County 651 Pine Street 12 Martinez, CA 94553 13 Thomas Geiger, Deputy County Counsel Office of County Counsel 14 County of Contra Costa 651 Pine Street, 9a'Floor 15 Martinez, CA 94553-1229 16 (BY As follows: I am "readily familiar" with a firms practice of collection an 17 processing correspondence for mailing. Under the practice it would be deposited with the U.S. Postal Service on that same day with postage thereon fully prepaid at Long Beach, i8 California, in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date is more than one day after 19 date of deposit for mailing an affidavit. 20 Executed on February 28, 2006, at Long Beach, California. 2] (STA'Cj I declare under penalty of perjury under the laws of the State of California that 22 the foregoing is true and correct. 23 - GAU43�--&O 24 DENISE SMITH ' 25 26 27 28 4 APPLICATION FOR LEAVE TO PRESENT LATE CLAIM 02/28/2006 10:05 FAX 562 216 4445 TRUTANICH-MICHEL, LLP 14008 1 C. D. Michel Glenn S. McRoberts 2 TRUTANICH-MICHEL, LLP 180 East Ocean Boulevard 3 Long Beach, CA 90802 Telephone: (562) 216-4444 4 Facsimile: (562)216-4445 Attorneys for Brentwood Rod and Gun Club, Inc., Claimant 5 6 7 DECLARATION OF DENISE SMITH 8 In the matter of the application of BRENTWOOD ROD AND GUN CLUB, 9 INC. a California Non-Profit Corporation, 10 11 12 13 DECLARATION OF DENISE SMITH 14 15 1,DEVISE SMITH, declare: The matters stated in this declaration are known to me 16 personally and if called as a witness, I could competently testify to the following: 17 1. 1 am a legal secretary with Trutanich-Michel, LLP, and am employed as such in Long 18 Beach, California. 19 2. On January 11, 2006, at approximately 1:30 p.m., I faxed the government claim to 20 Attorney's Diversified Services, for service upon the Contra Costa County Board of Supervisors. 21 3. Attached hereto as Exhibit 1 is a true copy of the facsimile transmission sheet indicating 22 that I faxed the government claim to Attorney's Diversified Services. 23 4. Attached hereto as Exhibit 2 is a true copy of the cover sheet and Declaration of I 24 Diligence I received from Attorney's Diversified Services with respect to the service of process of i I 25 the government claim upon the Deputy Clerk of the Contra Costa County Board of Supervisors. 26 5. Based upon my experience with Attorney's Diversified Services,I believed that it would 27 cause the claim to be served by January 12, 2006. 28 1 DECLARATION OF DENISE SMITH 02/28/2006 10:05 FAX 562 216 4445 TRUTANICH-MICHEL, LLP [Moog 1 2 6, On Monday, January 16, when I discovered that Attorney's Diversified Services had not 3 yet served the government claim, I personally faxed a copy of the claim to the Clerk's office of 4 the Contra Costa County Board of Supervisors. 5 6 I declare under penalty of perjury under the laws of the State of California that the foregoing 7 is true and correct. Executed this 27' day of February, 2006, in Long Beach, California. 8 9 , 10 Denise Smith 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 DECLARATION OF DENISE SMITH 02/28/,2006 10:05 FAX 562 216 4445 TRUTANICH-MICHEL, LLP CmO10 EXHIBIT 1 0 011 02/28/,2006 10:05_FAX 562 216 4445 TRUTANICH-MICHEL, LLP5v510 ADS OAKLAND ®p03/p03 ' ATTORNEY OH PA6TY WITHOUT ATI OMNEY INAME AND ADDRfiSS, TELEPHONE NO. FOR COURT USE ONLY TRUTANICH & MICHEL (562) 216-4444 ATTORNEYS AT LAIR 180 EAST OCEAN 3OULEVARD, #200 LONG BEACH, CA 90802 RErtnweeNUMUR ATTORNLv a ;6.G9453-5:RO2 oftWVI nlmtw".ludinnl dtvtqoLi;\ Uwv. Md rm.'t'141 04 skmt a0dinu r SHOk,NAME Of CASE BRENTWOOD ROD & GUN, ET AL vs. COUNTY OF CONTRA COSTA, ET AL NEARING DATE: TIMC: RPTr01vl CAFE NUMeeR• DECLARATION OF D111GENCE I received the within process on January 12, 2006 and that after due and diligent effort 1 have been able to effect personal service on the within named party at the following address, However, extraordinary efforts were required to effect service as described below. Name: THOMAS GEIGER, CONTRA COSTA COUNTY COUNSEL Business: 651 PINE STREET 9TH FLOOR MARTINEZ, CA 94553 As enumerated below: 01/13/06 12:09 Pm ATTEMPTED SERVICE AT BUSINESS ADDRESS, NO ONE IN, BUSINESS CLOSED, 01/18/06 11 : 57 am PERSONAL SERVICE i i l Fee for service: $ 65 . 50 1 declare under Pen A11Y of DGIIUIY that The toteg Oing is True and cortect end that this declurarion was e.enutoo [� Regtstared: CONTRA COSTA. , County, on; . February, 1 ,. 2006 pNumbnr.. 5.88 . Oaklan . ..j CA 9Q610, Gelilornia. 3;^`; 3640 Grand Ave.Suite 206 Signature: OAKLAND, CA 94610 Name: ROB RONALD (510)838.9176 CAent File k LP992027 avxx�sNom DECLARATION OF DILIGENCPle: REGISTERED INDEPE DANT 0ONIRACT'OR 02/28/2006 10:06 FAX 562 216 4445 TRUTANICH-MICHEL, LLP IM012 i I I i i I �i i I it II i i i EXHIBIT 2 02/28/2006 10:06 FAX 562 216 4445 TRUTANICH-MICHEL, LLP Z013 i i .CAN.IIF\A.1'Rln'AN11:1-1 OP COUNSEL C O.MICHEL 1111 IN F.NLv?rnFGI:R LOS ANGELES,CA Los ANGELES,CA l I Yeti S.MI'R1 RICR•n; , SA N On,uo,C, TRUT'T,AtJICFi SAN FRANCISCO,DON B. CA A t t <k r n e y s A t:31; i. a w r LOU ANGa Lga - 5AN DIEGO MARK K.L311NIcNSON NEW Yonn,N.Y. Wrilcrs Uircti(()ntactl - (562)216-4447 I>r\VIu't'.PLvun' Isnuih IJlmllp.com Tucsom,AZ January 11, 2006 ' STEPHANIE ATTORNEYS DIVERSIFIED FAX: (510) 835-0510 I Re: Government Claim Claim By Brentwood Rod& Gun Club PLEASE SERVE THE ATTACHED GOVERNMENT CLAIM ON: AMY SHARP Deputy Clerk of the Board Contra Costa County Board of Supervisors 651 Pine Street j Martinez, Cali fornia 94553 r ALSO SERVE ON: THOMAS GEIGER Contra Costa County Counsel 651 Pine Street, 9`'Floor Martinez, Cali:`ornia 94553 PLEASE LET ME KNOW AFTER COMPLETION OF SERVICE. ;THANK YOU. 'Denise Smith (562)216-4471 j. i 180 E.Ocean Boulevard,Suite 200•Long Beach,CA 90802•Tel:(562)216-4444•Fax:(562)216-4445 wwwttrnllp.corn 02/28/2006 10:06 FAX 562 216 4445 TRUTANICH-MICHEL, LLP Q014 ay.. Llo 4440 TRUTANICH-MICHEL, LLP Q001 r ' saasass:assssssssssss ease TX REPORT ase aaaaaaassssaaasasaaaa 'I TRANSMISSION OR j TX/FA NO 1263 CONNECTION TEL 915108350510 SUBADDRESS CONAECTION ID ST. TIME 01/11 13:31 USAGE T 04'19 PGS. SENT 15 RESELT OH i CARMHN A.TRUTAN101 OA COUNSEL. D.MICHa I ' IAB ANGELES,CA ,f dp k JOHN F.MACNTINGPR � i+p=` LOSANGELM,CA GLHNN S.MMORMI RAN DiBOO,CA DON B.KA'fP17 ' SAN FRANCNCO,CA LOS A•N011LIS --SAW DIEOO MARK K.BENENSON NEW YORE,N.Y. Wtitees Did Contach (5q 2144447 DAYIDT.MARRY Ilmiith®tmllp.com TucsoN,A2 January 11, 2006 I STEPHANIE ATTORNEYS DIVERSIFIED FAX; (510) 835-0510 b. Re: 02erlltrlent Claim Claim By Brentwood Rod&Gun Club i PLEASE SERVE THE ATTACHED GOVERNMENT CLAIM ON: AMY SHARP Deputy Clerk of the Board Contra Costa Coimty Board of Supervisors i 651 Pine Street i Martinez, Califoraia 94553 ALSO SERVE ON: j THOMAS GEIG:I;R Contra Costa County Counsel 651 Pine Street, 9`'Floor I Martinez, Califorsua 94553 02/28/2006 10:06 FAX 562 216 4445 TRUTANICH-MICHEL, LLP 0 015 C%AMEN&TRU'I'n M0I OF COUNSEL C:.D.Mu3m. d Los ANGELES,CA n IOHN F.M.V:IiIiNGE0. x� _ .�:t LOS ANGEL ,G CiLI.NN\.MI;RUIII!N'15 1 SAN DuiG ,G lam. 1r1Yll � :LLP DUN U.K,vn�� .. ... _ .�. ......_.�_.... SAN FRANCISCO,G Attt> raeys AtSLaw LOS ANGEL ES - SAN DIEGO Wim K.BF.NimxiN NEW YORK,N.Y. 0=1 S.McRoberts (617)297.117711 DAwU'1'.4lnnnv Wimb.mi ii t>mlarvlmrs.ann TUCSON,AZ January 11, 2006 Emy L. Sharp Deputy Clerk of the Board Contra Costa County Board of Supervisors Contra Costa County 651 Pine Street Martinez, CA 94553 Re: Brentwood Rod and Gun Club, County File #LP992027 Dear Ms. Sharp and Members of the Board: Enclosed please find a Government Claim from Brentwood Rod and Gun Club. If you have any questions, please contact Glenn S. McRoberts at(562) 216-4442. Very truly yours, TRUTAMCH •MICHEL,LLP By. 04 ®• C(jn S. McRoberts GSM:klt Enc: cc. Thomas Geiger, Deputy County Counsel i 180 E.Ocean Boulevard,Suite 200•Long Beach,CA 90802•Tel:(562)2164444•Fax:(562)216-4445 www.tmllp.com 02/28/2006 10:06 FAX 562 216 4445 TRUTANICH-MICHEL, LLP 0 016 I GOVERNMENT CLAIM 2 RE: CLAIM BY: 3 BRENTWOOD ROD AND GUN CLUB, INC. a Caliibmia Non-Profit Corporation, 4 AGAINST 5 The COUNTY OF CONTRA COSTA, a 6 municipality; and the COUNTY OF CONTRA COSTA BOARD OF 7 SUPERVISORS 8 9 The undersigned claimant hereby makes a claim against the County of Contra Costa and the 10 County of Contra Costa Board of Supervisors in the sum of approximately$1,700,000 and in 11 support of this claim represents as follows: 12 1. When did the damage or injury occur? 13 The damage or injury occurred on a continuing basis between September 1999 the present. 14 2. Where did the damage or injury occur? 15 The damage or injury occurred in association with the property known as#280 Camino 16 Diablo, Byron, CA in the County of Contra Costa, California. 17 3. How did the damage or injury occur? 18 The damage or injury occurred as a result of the County's abuse of the environmental 19 review process and improper denial of a land use permit submitted by the Brentwood Rod and 20 Gun Club (C::ub) to relocate its shooting range to #280 Camino Diablo, Byron, California. The 21 County wielded its power as a member of the State Route 4 Bypass Authority to put the 22 Brentwood Rod and Gun Club out of business at its former location and then inappropriately used 23 the environmental review process as a means to delay and obstruct the re-opening of the Club's 24 recreational shooting range at its new location. The unlawful actions of several county officials 25 throughout this process, and the bias and discrimination which the Club has been shown has 26 deprived the Club of due process and has ultimately resulted in a regulatory taking of the Club's 27 property without compensation, all for no other lawful reason than for Contra Costa County to rid 28 itself of an unwanted Gun Club as a result of its demonstrated bias against guns and legitimate i 1 GOVERNMENT CLAIM 02/28/2006 10:07 FAX 562 216 4445 TRUTANICH-MICHEL, LLP 11 017 i 1 gun-related recreational activities and businesses. The facts giving rise to this claim are recited 2 below: 3 The State Route 4 Bypass Authority(which consists of Contra Costa County and the 4 Cities of Antioch and Brentwood), threatened a condemnation action against the Club's former 5 property at '731 Concord Avenue, Brentwood, California, where they had operated for nearly 50 6 years in ord:r to construct a state highway bypass. In 1999, under duress, the Club sold its former 7 property to the State Route 4 Bypass Authority and purchased a vacant piece of land at#280 8 Camino Diablo in the rural Byron area of Contra Costa County with an identical zoning 9 designation for relocation of the Club's facilities. 10 The new site consisted of a 39 acre former quarry/motocross area at the bottom of a steep 11 walled canyon in an area zoned for heavy agriculture (designation A-3) and surrounded by 12 existing sand quarries, a motocross facility, a construction equipment storage yard, undevelopable 13 open space owned by the Contra Costa Water District, and four undeveloped adjacent 10-acre 14 ranchette parcels located at the top of a 250-300 foot high quarried hillside adjacent to the Club's 15 property boundary. The A-3 zoning designation, consistent with the County's General Plan, 16 allows for construction of outdoor recreational facilities with a land use permit. In April 1999, the 17 Club applied for such a land use permit for relocation of the Club's facilities to the new site. In 18 September 1999,the Club's application for a land use permit for relocation of its facilities was 19 deemed complete by the County and, not anticipating any further problems with obtaining its 20 permit, finalized the purchase of the new site at#280 Camino Diablo. 21 After the County conducted noise and biological studies and prepared an Initial Study 22 pursuant to the California Environmental Quality Act(CEQA),in March 2000 a Mitigated 23 Negative Declaration was adopted and the project was approved by Contra Costa County's East 24 County Regional Planning Commission. A handful of property owners appealed the decision, 25 citing safetyand noise concerns. 26 In December 2000, after conducting additional noise and biological studies, and hiring of 27 a safety design consultant who made some recommendations for modification of the Club's 28 1 proposed design, the County issued a Revised Initial Study/Mitigated Negative Declaration and 2 GOVERNMENT CLAIM 02/28/2006 10:07 FAX 562 216 4445 TRUTANICH-MICHEL, LLP IM018 1 once again recommended approval of the Project. The Club modified its plans consistent with the 2 recommendations of the safety engineer and met with adjacent property owners to dispel its 3 concerns. 4 Due to continued public opposition regarding noise, safety, and newly raised potential 5 groundwater-contamination issues, in December 2001, the County determined that preparation of 6 a"focused"Environmental Impact Report (EIR), which would focus on the areas of noise, safety 7 and potential groundwater contamination, was required. In December 2002, a"comprehensive" 8 Draft EIR(which was anything-but focused) containing further noise, safety,biological, and other 9 studies (all performed at the Club's expense) was issued. 10 After an unexplained 1-1/2 year delay, in August 2004, the County issued a Recirculated 11 EIR. The purpose of the Recirculated EIR was to address the presence of a newly listed federally 12 threatened species,the California Tiger Salamander(CTS), which had allegedly been 13 "discovered" at the site by the County's biological consultant during yet another biological survey 14 of the Site which was apparently directed and authorized by the County in March 2003 (despite 15 the fact the four prior biological surveys by two different biologists had found no such species and 16 had declared the site to be unsuitable habitat). Although the Club's Treasurer, Mr. Terry Dicker 17 was standing:next to the County's biologist during this alleged CTS "discovery,"he was not 18 allowed to see the alleged"CTS"even though he asked twice to see what had been allegedly 19 found by the County's biologist. No report,photographs, field notes, or other evidence of this 20 alleged CTS "discovery"has ever been produced by the County's biologist. Nonetheless, as a 21 result of the alleged CTS "discovery,"the County, after requesting input from the California 22 Department of Fish and Game and the United States Fish and Wildlife Service, imposed onerous 23 conditions on the Club for mitigation of the salamander habitat that would have cost the Club 24 hundreds of thousands of dollars to implement, including construction of an engineered CTS 25 habitat pond. 26 Furtht.r, the Final EIR,which was issued in November 2004, erroneously concluded that 27 the Project would have a significant and unavoidable noise impact because the Club's proposed 28 activities would exceed a noise "perception criterion"standard that made it a violation for 3 GOVERNMENT CLAIM 02/28/2006 10:07 FAX 562 216 4445 TRUTANICH-MICHEL. LLP U1019 1 gunshot noise to exceed 5 decibels above ambient levels. This new "perception criterion" 2 standard was introduced for the first time ever in Contra Costa County in the Club's EIR and was 3 apparently to be applied exclusively to the Club. Although it was inconsistent with the 4 applicable noise standards identified by the County's original noise consultant(from the County's 5 General Plaa),the County and its consultants claimed that this stringent"perception criterion" 6 should be applied to the Club's Project allegedly due to the startling effect and the perceived 7 danger associated with gunshot noise. 8 In April 2005,six years after the Club's permit application was filed, to the Club's 9 complete surprise,the County made findings of a significant and unavoidable noise impact based 10 solely on the:application of the novel noise"perception criterion" and announced its intent to deny 11 the Club's permit application, contrary to all of its previous staff recommendations and findings 12 recommending approval of the Project with conditions. 13 The EIR was certified and the Club's land use permit application was denied by the Board 14 of Supervisors on July 12, 2005. As a result of the County's disparate application of an 15 inapplicable noise standard to the Club's proposed activities, a defective EIR has been certified, 16 the Club has been harmed, and their land use permit has been improperly denied. 17 Additional facts Regarding Discriminatory Treatment of the Club's Permit versus Others Similarly Situated 18 In November 2004, Tom Smith and Tom Anderson, owners of the adjacent quarry 19 (County File# LP962046) requested a modification of the land use permit for their quarry 20 operations. Of note is that Club's property was part of this exact same quarry until it was 21 purchased by the Club in September 1999. Nonetheless,rather than requiring any environmental 22 review of the quarry property for modification of the quarry's permit (less than one month after 23 circulating the Club's Recirculated EIR regarding the endangered CTS), the County instead 24 adopted the Initial Study and associated Negative Declaration that had been prepared for the 25 Quarry(ostensibly including the Club's property) in 1996. 26 In its November 2004 staff report, the County stated that "an Initial Study was prepared [in 27 1996] that did not identify any potentially-significant impacts..." and "[d]ue to the disturbance of 28 4 GOVERNMENT CLAIM 02/28/2006 10:08 FAX 562 216 4445 TRUTANICH-MICHEL, LLP 0 020 1 the lands in the quarry, the findings of the previous [1996] Initial Study and Negative Declaration 2 of Environmental Significance remain operative." Therefore,rather than rely on a newly 3 completed comprehensive EIR for the exact same former quarry site in which endangered species 4 were allegedly found, the County instead, chose to rely on an eight year old Initial Study and 5 granted the Quarry's permit application. 6 In February 2005, the Quarry again applied for extension of a land use permit; this time to 7 expand their quarry operations from 7.9 acres to 13.5 acres, an addition to the quarry of 5.6 8 acres. The purpose of the expanded permit application was to allow the Quarry operators (FTG) 9 to mine a previously undisturbed hill that remained between the Quarry and the Club's property. 10 The Notice of Public Hearing published by the County for the quarry permit application contained 11 the following;paragraph: 12 For purposes of compliance with the provisions of the California Environmental Quality ACT (CEQA), a Negative Declaration of 13 Environmental Significance(no Environmental Impact Report required) has been issued for this project. (Emphasis added.) 14 15 The Quarry's permit application was approved on June 6, 2005. Thus, based on the 16 Quarry's 1996 Initial Study that included the Club's property, the County made a finding that 17 mining of 5.6 acres of undisturbed land between the Quarry and the Club would have no 18 significant impact on the environment and on that basis, adopted a Negative Declaration and 19 approved the Quarry's mining expansion permit. 20 Although, one could ostensibly argue that the County Zoning Commission did not know 21 that the County Commissioners were involved in a comprehensive EIR of the Club's adjacent 22 property and that a supplemental EIR prepared for the Club's property had reported an alleged 23 discovery of m endangered species, this is simply not the case here. In fact, the Agency 24 Comment Request that was sent out by the Contra Costa County Community Development 25 Department to other agencies for comments on the Quarry permit expansion application was 26 prepared and signed by County Planner Darwin Myers - the same County Planner who had been V in charge of the Club's environmental review process for the past six years, including i 28 preparation of the supplemental EIR. As further evidence of discrimination against the Club, the i 5 GOVERNMENT CLAIM 02/28/2006 10:08 FAX 562 216 4445 TRUTANICH-MICHEL, LLP Q021 1 California Department of Fish and Game and the US Fish and Wildlife Service(both of whom 2 had been heavily involved in the Club's EIR and the conditions of approval requiring the Club to 3 construct extensive ponds as mitigation for the alleged CTS habitat) were not even notified or 4 asked to comment on the Quarry's expansion permit application, even though the Quarry's 5 expanded operations created significantly greater disturbance of undisturbed land than any of the 6 activities proposed by the Club. 7 In the process of mining the intervening hill, not only did the quarry disturb previously 8 undisturbed land,but their overburden fell onto the Club's property in the.exact location of the 9 "pond"(i.e.,mud puddle) where the CTS larvae had allegedly been"discovered" by the County's 10 biologist over two years before the Quarry's latest permit application,potentially harming any 11 CTS that may have been present and/or destroying critical habitat that the Club was being 12 singularly required to preserve. Furthermore, after approving the Quarry's permit to remove the 13 hill separating them from the Club,the County cited removal of the hill as a reason to disallow the 14 Club's penr.•.it, claiming possible safety issues could result because of the Quarry's removal of the 15 natural buffer between the two properties. 16 As another example of the discriminate manner in which the Club has been treated, 17 another adjacent property, owned by Terry Cook, houses a construction equipment storage yard. 18 Although this use is not compatible with unpermitted uses of agriculturally zoned land,Mr. Cook 19 has been allowed to maintain this construction equipment storage yard without obtaining any land 20 use permits or conducting any environmental review, even though this is the type of business for 21 which a land use permit would otherwise be required. 22 Further, between the time the Club's permit application was deemed complete in 23 September 1999 and denial of the Club's permit on July 12, 2005, numerous building permits 24 have been issued for adjacent properties including grading permits for construction of residential 25 driveways ar.d building pads, and building permits for construction of numerous homes, garages 26 and outbuildings. To the Club's knowledge, not one of these adjacent properties has been 27 required to conduct any environmental review, survey, or mitigation for the endangered CTS that 28 1 was allegedly"discovered"on the Club's immediately adjacent property. 6 GOVERNMENT CLAIM 02/28/2006 10:08 FAX 562 216 4445 TRUTANICH-MICHEL, LLP U022 1 The Club has been singled out and required to undergo an exhaustive environmental 2 review process, while the surrounding property owners have escaped this requirement, when some 3 of their activities have been far more intrusive on the environment than any construction or 4 activities the Club has proposed. As a result of this singular and disparate treatment,the Club has 5 been harmed and their land use permit has been improperly denied. 6 Additional Facts Regarding Unfair Process and Conflict of Interest 7 Rick Kendrick is a homeowner at Parcel AP#003-030-025 on Silver Hills Drive. He is a 8 member of Appellant Silver Hills Homeowners Association, and an outspoken opponent of the 9 Club's Project. Since becoming an appellant to the Club's permit application, Mr. Kendrick has 10 been appointed as a member of the Byron MAC, on which he currently serves as an appointed 11 County Official. 12 As a result of his status as an Appellant on this Project, Mr. Kendrick was absolutely 13 prohibited from voting on or engaging in any Byron MAC decisions or actions concerning this 14 Project under the County's own Conflict of Interest regulations. Despite this prohibition, at the 15 September 1.6, 2004 Byron City Council meeting, Councilman Kendrick stated "he never 16 expected the Gun Club to actually be built."He then presented a letter to the Byron MAC that he 17 and his wife had sent to the County Project Planner citing concerns about the Project, after which 18 he indicated."he is looking for the Council to represent the property owners on this issue." 19 Mr. Kendrick then attempted to second a motion to oppose the project and proceeded to 20 vote on the:matter as a member of the Byron MAC, but was forced to abstain by other council 21 members. As a result of Mr. Kendrick's improper solicitation, the Byron MAC completely 22 reversed its position and agreed to write a letter to the County opposing the Club's project - 23 despite the 1:act that the Byron MAC had previously submitted two letters of overwhelming 24 support to the County regarding the Club's relocation to their#280 Camino Diablo site. The 25 Byron MAC's opposition letter was presented to the Board in the April 26, 2005 Staff Report and 26 Recommendations and was given great weight by the Board as evidence of significant public 27 agency opposition in their decision to deny the Club's permit. 28 Mr. Kendrick then used his position to solicit opposition to the Club's Project from the 7 GOVERNMENT CLAIM 02/28/2006 10:09 FAX 562 216 4445 TRUTANICH-MICHEL, LLP 0 023 1 Town of Discovery Bay during its February 16, 2005 Board of Directors meeting. The discussion 2 of the Brentwood Rod and Gun Club was led by the Town of Discovery Bay Vice President 3 David Piepho. Coincidentally, Mr. Piepho is the spouse of Contra Costa County District III 4 Supervisor Mary Piepho, who is both the Vice Chair on the State Route 4 Bypass Authority that 5 forced the Club off its former property, as well as the Supervisor for the district in which the 6 Club's new Site lies;and who ultimately made the motion to deny the Club's permit application. 7 At this meeting,Mr. Kendrick indicated that he was a member of the Byron MAC and that 8 the Byron AJAC had requested the Town of Discovery Bay's opposition to this Project. Mr. 9 Kendrick's .assertions were both erroneous and misleading, as the Byron MAC never discussed or 10 requested opposition to this Project from any other municipality in any noticed or recorded 11 meeting. Additionally, although Mr. Kendrick mentioned that he was a homeowner in the vicinity 12 of the Project and a member of the Byron MAC, he failed to mention that he was also one of the 13 Appellants opposing this Project, even when the appeal was discussed. 14 Desuite the apparent conflict of interest between County Supervisor Piepho and 15 Discovery Bay's Vice President Piepho with respect to this matter, Mr. Piepho led the discussion 16 at the Town of Discovery Bay meeting and personally made the motion to support the Byron 17 MAC, as requested by Mr. Kendrick,which was then approved by the Town Council. As a result 18 of Mr. Kendrick's active solicitation of opposition for the Club's project, and his erroneous 19 assertion that the Byron MAC's position with respect to the project, the Town of Discovery Bay 20 wrote a letter opposing the Project which was presented to the Board in the April 26, 2005 Staff 21 Report and Recommendations. This letter, along with the letter of opposition from the Byron 22 MAC,was given great weight by the Board as evidence of significant public agency opposition to 23 this project. 24 The Club alleges that Mr. Kendrick's actions were performed in direct conflict with 25 Contra Costa.'s Conflict of Interest policies. Additionally, the Contra Costa Board of Supervisors 26 has adopted a Policy(Resolution No. 2002/376) for Board Appointees(such as Kendrick) 27 concerning Conflict of Interest& Open Meetings. This Policy requires Board Appointees to 28 adhere to the principles and rules of the Political Reform Act of 1974 (Government Code §§ 8 GOVERNMENT CLAIM 02/28/2006 10:09 FAX 562 216 4445 TRUTANICH-MICHEL. LLP Q024 1 81000 et seq.). The Club alleges that Mr. Kendrick's actions also constituted a violation of that 2 Act. 3 The weight the County gave to the opposition of the Byron MAC and the Town of 4 Discovery Bay is evidenced in the opening pages of the Staff Report prepared prior to the Board's 5 April 16, 2005 hearing. As a result of Mr. Kendrick's abuse of his authority to improperly 6 influence and solicit bias against the Club's permit application from surrounding municipalities, 7 the Board was presented with infonnation which gave the appearance of independent and 8 significant opposition to the Club's project by nearby communities. Mr. Kendrick's abuses 9 contributed,ubstantially to the unfair hearing and denial of the Club's permit application. The 10 impact of Mr. Kendrick's actions became apparent during the April 16 hearing, when, during 11 County Planner Catherine Kutsuris' oral presentation of the Staff Report to the Board, she pointed 12 out the recent change in position of these former Club supporters to the Board, and there was a 13 substantial discussion of the meaning of these changed positions. Additionally, the Appellant's 14 attorney, Mr. David Trotter, expounded on these reversals of position, stating that opposition of 15 the Club had now been presented from opposing groups in all four directions of the Club's 16 property(one being the opposing landowners including Kendrick, another the Town of Discovery 17 Bay, and a third being the Byron MAC). Before Mr. Trotter finished his argument, he was 18 interrupted by Supervisor Piepho,who said"I want to, I'm going to support the motion [to deny 19 the permit]." Before she was finished speaking, two County Supervisors had volunteered to 20 second the motion. 21 Mr. Kendrick's improper acts in his official capacity improperly created bias against 22 toward the Club's project where none previously existed. As a result of Mr. Kendrick's improper 23 acts, the Club has been harmed and their permit application has been improperly denied. 24 4. What particular act or omission on the part of county or district officers, servants,or employees caused the injury or damage? 25 26 See above description of facts. 5. What are the names of district officers,servants,or employees causing the damage or 27 injury? �28 9 GOVERNMENT CLAIM 02/28/2006 10:10 FAX 562 216 4445 TRUTANICH-MICHEL, LLP Q025 1 Mary Piepho, District III Supervisor, the entire Board of Supervisors, and Rick Kendrick of 2 the Byron MAC. 3 4 6. What damages or injuries do you claim? (Give the full extent of injuries or damages 5 claimed.) 6 The Club seeks damages and/or civil penalties in excess of$1,700,000 resulting from the 7 County's and/or its employees' violation of the Club's state and federal civil rights to due process 8 and equal protection under the provisions of the Fourteenth Amendment; acts of the county 9 constituting; a regulatory taking under the Fifth and Fourteenth Amendments of the United States 10 11 Constitution; as well as state law theories including breach of fiduciary duty; breach of covenant 12 of good faith and fair dealing; equitable estoppel; promissory estoppel; negligence; conspiracy; 13 interference with prospective economic business advantage; intentional misrepresentation, 14 common law fraud; violation of conflict of interest laws, Violation of Political Reform Act of 15 1974, and%iolation of the California Environmental Quality Act (CEQA),Public Resources Code 16 Section 211.67, 21168, et al. Finally, the Club will seek recovery of litigation costs, including 17 18 reasonable attorneys' fees. 19 7. How was the amount claimed above computed? (Include the estimated amount A any prospective injury or damage.) 20 21 The Club's estimate are based on a preliminary investigation of the Club's expenditures and 22 costs related to procurement of its property and processing of its land use permit application from 23 1999 through 2005, including,but not limited to: lost club membership dues; the fair market 24 value of its property as well as costs for property taxes and property liability insurance; costs paid 25 for preparation of environmental, biological and/or engineering studies; direct reimbursement by 26 the Club of the County's costs of processing of the Club's permit application; attorneys fees; and 27 28 costs for equipment purchases and/or maintenance of the Club's property during the six year delay 10 GOVERNMENT CLAIM 02/28/2006 10:10 FAX 562 216 4445 TRUTANICH-MICHEL. LLP CM 026 1 in processing the Club's permit application. The damages included herein are estimated through 2 2005 and do not include prospective damages for continued losses or expenditures associated with 3 this claim beyond December 31, 2005. The amount of damages claimed in this form may change 4 5 based on further investigation and/or verification or time passed. This claim will constitute an 6 unlimited civil case. 7 8. Names and addresses of witnesses,doctors, and hospitals: 8 Not Applicable. 8 9. List of expenditures you made on account of this accident or injury. 10 Not Applicable. 11 12 SEND NOTICES TO: Gov. Code Sec. 910.2 provides "The claim shall Trutanich Michel, LLP be signed by the claimant or by some person on 13 1081 E. Ocean Blvd., Suite 200 his behalf." 14 Long Beach, CA 90802 � 15QA,4. � 01)nn S. McRoberts, Attorney for Claimant 16 Bfentwood Rod & Gun Club 17 18 19 20 21 22 23 24 25 26 27 28 li GOVERNMENT CLAIM 02/28/2006 10:10 FAX 562 216 4445 TRUTANICH-MICHEL, LLP 0 027 1 2 PUBLIC RECORDS NOTICE: 3 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 §§ 4 6500 et seq.) Furthermore, any attachments, addendums, or supplements attached to the claim form, including medical records, are also subject to public disclosure. 5 6 NOTICE: 7 Section 72 of the Penal Code provides: 8 Every perscn who, with intent to defraud, presents for allowance or for payment to any state board 9 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 10 imprisonment in the county jail for a period of not more than one year, by a find of not exceeding 11 one thousand dollars ($1,000.00), or by both such imprisonment and find, or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars ($10,000),or by both such 12 imprisonment and fine. 13 14 15 16 17 18 19 20 21 � 22 23 24 25 26 27 28 12 C-FOVERNMF.NT CLAIM 02/28/2006 10:10 FAX 562 216 4445 TRUTANICH-MICHEL, LLP 028 1 PROOF OF SERVICE 2 STATE OF CALIFORNIA 3 COUNTY OF LOS ANGELES 4 1,Denise Smith, am employed in the County of Los Angeles, California. I am over the age eighteen (18) years and am not a party to the within action. My business address is 180 East 5 Ocean Blvd., Suite 200, Long Beach, CA 90802. On February 28 , 2006, I served the foregoing document(s) described as, 6 DECLARATION OF DENISE SMITH on the interested parties in this action by placing 7 ( )the original ( ) a true and correct copy 8 thereof enclosed in sealed envelope(s) addressed as follows: Emy L. Sharp 9 Deputy Clerk of the Board Contra Costa County Board of Supervisors 10 Contra Costa County 651 Pine Street 11 Martinez, CA 94553 12 Thomas Geiger,Deputy County Counsel Office of County Counsel 13 County of Contra Costa 651 Pine Street, 9'Floor 14 Martinez, CA 94553-1229 15 XX B(_Y AILAs follows: am "readily amiliar" with the firm's practice of collection an 16 processing correspondence for mailing. Under the practice it would be deposited with the U.S. Postal Service on that same day with postage thereon fully prepaid at Long Beach, 17 Cal'.,.fornia, in the ordinary course of business. I am aware that on motion of the party sen ed, service is presumed invalid if postal cancellation date is more than one day after 18 date of deposit for mailing an affidavit: 19 Executed on February 28, 2006, at Long Beach, California. � 20 (ST1jM I declare under penalty of perjury under the laws of the State of California that 21 the foregoing is true and correct. 22 3AX4i 23 DENISE SMITH 24 25 I 26 27 I; I 28 I r 3 DECLARATION OF DENISE SMITH 02/28/2006 10:03 FAX 562 216 4445 TRUTANICH-MICHEL, LLP goof CAnmENA.TRLYrAmoi OF COUNSEL: C.D.MCHELLJOHN F.MAa-TrINGER LosANGELEs,r-A Los ANGELES,CA I 4'" GLENN S.MCRUIERTS i - 1D DON B.Km us SAN DIEGO,CA 1A*w SAN FR&Nctsro,CA s A e '!YL a w LOB ANGELES ..SAN DIEGO MAR KBENENSON Naw YOM,N.Y. Wrimr's Disca Cont DA%RDT.HARDY TvcsoN,AZ FAX TRANSMITTAL SHEET TO: SILVANO B. MARCHESI c/o MONIKA COOPER FAX NO: (925) -335-1866 TEL. NO: (925) 335-1885 FROM: GLENN S. McROBERTS/DENISE SMITH DATE: February 28, 2006 RE: Brentwood Rod & Gun Club THIS FAX CONTAINS COVER PAGE PLUS PAGES. IF YOU DO NOT RECEIVE ALL PAGES PLEASE CONTACT Denise Smith AT (562)216-4444. SPECIAL INSTRUCTIONS PLEASE CALL TO CONFIRM TRANSMITTAL PLEASE CALL TO DISCUSS FOR YOUR INFORMATION OTHER/MESSAGE: APPLICATION FOR LEAVE TO PRESENT LATE CLAIM. THIS MESSAGE 13 INTENDED FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED,AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED,CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW, IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT OR THE EMPLOYER OR AGENT RESPONSIBLE FOR DELIVERING THE MESSAGE TO THE INTENDED RECIPIENT,YOU ARE HEREBY NOTIFIED THAT ANY REVIEW,DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR,PLEASE NOTIFY US IMMEDIATELY BY TELEPHONE AND RETURN THE ORIGINAL MESSAGE TO US AT THE ADDRESS BELOW VIA THE U.S.POSTAL SERVICE. THANK YOU. 180 E.Ocean Avenue,Suite 200•Long Beach,CA 90802•Tel:(562)216-4444•Fax:(562)216-4445 www.t-mlawyers.com Office of the County Counsel Contra Costa County 651 Pine Street, 9th Floor Phone: (925)335-1800 Martinez, CA 94553 Facsimile: (925) 335-1866 ` Writer's Direct Dial: (925) 335-1885 I Date: February 28, 2006 To: Clerk of the Board of Supervisors Attn: Emy Sharp, Deputy Clerk From: Silvano B. Marchesi, County Counsel By: Monika L. Cooper, Deputy County Counsel Mcew — Re: Application to File Late Claim Please process the attached Application to File Late Claim from Brentwood Rod and Gun Club. Thank you for your assistance. Please call with any questions. Attachment 1 CONFIDENTIAL ATTORNEY CLIENT DOCUMENT