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SEWESER 28, 1999
Claim Agairw, air, the Coety, or District Governed by
the Board of Stpervisors, Routing Endorse s, NncE To cLA
and Board Action. AJI Section references are to ne copy of tNs ftwent died to you is your
Celiforlie Governrnent Codes. notice of the action taken on yow, dalm by the
� 1Board of SiVervisors. (Paragraph IV belmo, oven
nt t Gov rrt Code Section 13 aW
U �'�� N16N. Pl rote aaii -Y rr n sem.
COUNTY 00 UNSEL
C$UIN'Td Jurisdiction of Superior Court z 1CLAIMAI ���.�
M Don Mello, Cheryl Fraschieri, Arleen, Madge Williams
ATTORNEY: and Donald Douglas Mello, Jr. DATE . August 24, 1999
ADDRESS: c/o B D y ToCLERK ON: Au us t 24, 1999
Frac �.M. Abramson
Abramson & Smith Hand-delivered
44 �'ontorry Street, Ste. 25.5GAS '. : ,
Sari Francisco CA, 94104-4712
L FRCAL Clerk of the Board of So °s County Counsel
Attached is a copy of the above-noted claim.
PML B cler
Dated: August 24, 1999 ay-- putt',
IL FROM County Counsel TO. Clerk of the Board of Supe ors
& .
This Ilei ecsgnp yes sustanially with Sections 9111 and 91 >2.
3
3 This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The
Board cannot act for 1$ days (Section 910.13).
{
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 lite claim (Section 912.3),
via
Dated.. . uty County Counsel
FROM Clerk of the Board M County Counsel (1) County Administrator (2)
Clams was rettimed as untimely with notice to claimant(Section 912.3).
Its, BOARD ORDM- By unanimous vote of the Supervisors present
This Clain is ejected in fall.
I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date.
1 ted; �4e, K'0 PWL BATcmmt. Clerk, ! eputy Clerk
WARNTNG (Gov. code section � }
Subject to certain exceptions, you have only site (d) months from the date this notice was personally served or depersity
in the mail to file a court action on this claim. See Goverment Code Section 945.6. You may seek the advice of an
attorney of yo°ur 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 WIMO
I declare under penalty of perjury that I ani now. and at all tines herein mentioned, have been a citizen of the United
States, aver age g; and that today I deposited in the united Sues Postal Service in Martinez, California, postage frill)
prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above.
I'I-III ► C1 3 32°tY.. __ , �_ sty lerl
CCA , ty CW=4 County Administmttor
I ERIC M. ABRAMSON, ESQ. [s3.01038641
ABRAMSON c& SMITH, LLP
2 44 Montgomery Street,Suite 2550 h
San Francisco, CA 94104
3 Telephone: (415)4217995
y AUG 2 4 1099
4 Attorneys for Claimants
s
6 In the matter of
Ikon Mello, Cheryl Fraschieri, CLAIM AGAINST COUNTY OF CONTRA
7 Arleen Midge Williams, Ronald COSTA
Douglas Mello, Jr. [Government Code §910]
8 ° Claimants.
9
10 The above named claimants acting through attorneys Abramson& Smith.,hereby make the
11 following claim against the County of Contra Costa:
12 1. NAME ANIS ADDRESS OF CLAIMANTS:
13 Don Dello, Cheryl Fraschieri,Arleen Midge Williams and Donald Douglas Mello, Jr., c/o �
14 Abramson a& Smith, 44 Montgomery Street, Suite 2550, San Francisco,California, 94104-4712.
15 2. ADDRESS TO WHICH NOTICES ARE TO BE SENT:
16 Eric M. Abramson,Abramson Q&Smith,44 Montgomery Street,Suite 2550,San Francisco,
17 California., 94104-4712.
181 3. BATE OF OCCURRENCE:
19 Claimants' decedent,Laney Mello, died on February 24, 1999.
20 4. PLACE OF OCCURRENCE:
21 Contra Costa County.
22 5. CIRCUMSTANCES OF OCCURRENCE:
23 During and throughout the years 1993, 1994, 1995, 1.996, 1997, and thereafter, decedent
24 Nancy Mello was under the care of physicians employed by the County of Contra Costa;said physicians
25 carelessly and negligently diagnosed and failed to diagnose medical conditions and diseases, and failed
26 to provide appropriate medical and related services and tests,resulting in a failure to diagnose,and a delay
27 in the diagnosis of bladder cancer,thereby resulting in the metastasis of said cancer resulting in the death
28 of claimants' decedent.
1
Claim Against County of Contra Costa[Government Code§�I101
1 6. GENERAL DESCRIPTION OF INJURY DAMAGES OR LOSS INCURRED:
2 Death of claimants' decedent.
3 7. PUBLIC EMPLOYEES KNOWN TO CAUSE INJURE DAMAGE OR LOSS
4 INCURRED:
5 David Kleinerman, M.D., James 'Tysell, M.D., Margaret Ashbrook, M.D., Bruce Landon,
6 M.D., Frederick Foley,M.D., Walter J. Zacks,M.D.
7 8. JURISDICTION:
8 Superior Court.
9
Dated: August 23, 1999 ABRAMSON & SMITH
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ERIC M. ABRAMSON, Esq.
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Claims Against County of Contra Costa[Government Code §9101 ���
TO: BOARD OF SUPERVISORS
FROM: Phil Batchelor, County Administrator
UU1 Itm
DATE: September 28, 1999 -Nsta
SUW-ECT: Final Settlement of Claim
Deana Sylvester res. Centra Costa County ����. .
uuunty
WCAl3 No. WCK 0031395
SPECIFIC REQUEST($)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION-
Receive this report concerning subject final settlement and payment from the Workers'
Compensation Trust Fund in the amount of$28,500.
BACKER UNDIREASONS FOR RECOMMENDATION:
IV ENDATION:
Mark A. Cartier, defense counsel for the County, has advised the County Administrator that
within authorization an agreement has been reached settling the workers` compensation claim
of Donna Sylvester vs. Centra Costa County.
This Board's August 3, 1999 closed session vote was: Supervisors Gioia, Uilkerna, Gerber,
DeSaulnier and Canciamilla, yes.
This action is taken so that terms of this final settlement and the earlier August 3, 1999 closed
session vote of this Board authorizing its negotiated settlement are known publicly.
��f
k
CONTINUED ON ATTACHMENT: YES S€GNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RE;-" ENDATION OFBOARD COMMITTEE
APPROVE OTHER
SIGNATURE S: .�
ACTION OF BOARD ON JE'ay'".t etmi l7ei 28, 1999 APPROVED AS RECOMMENDED X OTHER
VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS is A TRUE
ANIS CORRECT COPY OF AN ACTION WAKEN
None
ARID ENTERED ON THE MINUTES OF THE BOARD
x UNANIMOUS (ABSENT None ) OF SUPERVISORS ON THE DATE SHOWN,
AYES: NOES:
ABSENT: ABSTAIN: ATTESTED SEPTEMBEI 28, 1999
PHIS.BATCHELOR,CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
Contact:Tony Schleder-335-1411
cc; CAO Risk Management
Auditor-Controller
BY � iC DEPUTY