HomeMy WebLinkAboutAGENDA - 11042008 - C.14 (10) CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY
BOARD ACTION: NOVEMBER 04, 2008
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
California Government Codes. JAThe copy of this document mailed to
you is your notice of the action taken
on your claim by the Board of
Supervisors. (Paragraph IV below),
given Pursuant
AMOUNT: $7,500.00 OCT 0 3 20'08 Section 913 and t
COUNTY COUNSEL "Warnings". OCT O.� 2008
CLAIMANT: DIANA WELCH MARTINEZ,CALIF.
COUNTY COUNSEL
ATTORNEY: UNKNOWN DATE RECEIVED: MAg�I � F 2008
ADDRESS: 257.1. PLEASANT HILL ROAD BY DELIVERY TO CLERK ON: OCTOBER 03, 2008
PLEASANT HILL, CA 94523
BY MAIL POSTMARKED: SEPTEMBER 24, 2008
FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
OCTOBER 03, 2008 DAVID TWA, Clkg/Dated: By: Deputy
II. FROM: County Counsel TO: Clerk of the Board of S peryors
(Py**This claim complies substantially with Sections 910 and 910.2.
( ) This Claim FAILS to comply substantially with Sections 910 and 910.2, and we are so
notifying claimant. The Board.cannot act for 15 days (Section 910.8).
( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and
send warning of claimant's right to apply for leave to present a late claim (Section 911.3).
( ) Other:
Dated: ��'L y"� By: Deputy County Counsel
III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator(2)
( ) Claim was returned as untimely with notice to claimant(Section 911.3).
IV. ,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.
Dated, e V d5�zmoi DAVID TWA, CLERK, By, ` eputy 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.
Datedy. o�y_� DAVID TWA, CLERK, By Deputy Clerk
fr
This warning doee,not apply to claims which
are not subject to the California Tort Claims
Act such as actions ininverse condemnation,
actions for specific relief such'as mandamus or
,injunction, or Federal�1 P� ��✓ ' sv�"a{li'ove lit is not exhaustive d,legal
Civil
anlaims. The
consultation is essential;to,understand all the
separate limitations periods;_thatimay 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
mmitations applicable to actions not subject to
the California Tort Claims Act
OCT u 3 2008
Date- 9-24-08
CLERK
RA COSTA CO.BOARD OF SUPERVISORS RECEIVED
Certified Mail with Delivery Confirmation
SEP 2 5.2008
Defendant's Name: Contra Costa Regional Medical Center CONTRACO STA HEALTH SVCS
Defendants Address: 2500 Alhambra Ave ADMINISTRATION
Martinez, CA. 94553 50 DOUGLAS DR#310 MTZ
Re Demand for Payment
Dear William Walker (Director),
On 4-8-08 I had surgery at Contra Costa Regional Medical Center on my left f
shoulder for rotory cuff repair. I was given a interscaline block in my neck. The I
attending physician was Dr. Myah Shaw. A neurologist named Dr. Mark Van
Handel told me after surgery that the needle that was placed in my neck or that the
way my head was placed caused a lack of blood flow and caused a stroke or a
intense neurological dietz. This has caused me to have a Gatewalk and disfunction
in my right hand. I am right handed. Dr Mark Van Handel told me that it may or
may not improve. So far nothing has changed.
PERSONAL INJURY
Date What Amount Cost
4-8-08 Pain and Suffering 7500.00 7500.00
Subtotal of Pain and suffering 7500.00 7500.00
ALL PERSONAL INJURY COSTS 7500.00
Demand
You owe me 7500.00.If I have not received payment from you by 10-6-08 5pm.,
I intend to pursue further legal remedies available to me. You may contact me by
phone at: (925) 930-0377 or in writing to me Diana Welch: 2511 Pleasant Hill Rd.
Pleasant Hill, CA. 94523. I am willing to discuss this issue with you.
Possible Consequences if I file a Lawsuit
If I file a lawsuit and win a judgment against you, you will be responsible for paying
me not only the judgement but you may also:
1. Have to pay me costs of filing and service and collecting the judgement.
2. Have to pay me 10% per year on the judgement (and maybe costs) until paid.
I can renew the judgement every 10 years until you pay it.
3. Not able to sell or get a loan on your property, if I place a lien on it as the law
allows.
4. Have your credit damaged, resulting from an unpaid judgement.
Your promt attention to this letter is appreciated. This letter is evidence that I tried
to resolve this matter with you before going to court.
Sincerely, Diana Welch
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