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Home My WebLink AboutMINUTES - 12111984 - 1.18 APPLICATION TO FILE LATE CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA_ COUNTY, CALIFORNIA BOARD ACTION Application to File Late Claim ) NOTICE TO APPLICANT December 11, 1984 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: Anne Bensken County Counsel Attorney: Gary P. Snyder 140V 1 3 1984 900 Thompson Street Address: P.O. Box 1111 Martinez, CA 94553 Martinez, CA 94553 Amount: $14,102.50 By delivery to Clerk on Date Received: November 9, 1984 By mail, postmarked on November 8, 1984 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: November 9, 1984 PHIL BATCHELOR, Clerk, By Deputy Jolene Edwards II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( X) 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: VICTOR WESTMAN, County Counsel, By �� 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). I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. DATE: 2,:- ,/: /j,- y PHIL BATCHELOR, Clerk, By 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 application for leave to present a late claim was denied. You may seek the advise of any attorney of your choice in connection with this matter. If you want to consult an attorney, u should do so immediately. IV. FROM: Clerk of the Board T0: 1 County Counsel 2 County Administrator Attached are copies of the above Application. .We notifed the applicant of the Board's action on this Application by mailing a copy of this document, and a memo thereof has ben filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. DATED: PHIL BATCHELOR, Clerk, By Deputy V. FROM: 1 County Counsel 2 County Administrator TO: Clerk of the Board of Supervisors Received copies of this Application and Board Order. DATED: County Counsel, By County Administrator, By 039 APPLICATION TO FILE LATE CLAIM LAW OFFICES KULLY &SNYDER A PROFESSIONAL CORPORATION 900 THOMPSON STREET• P.O. BOX 1111 MARTINEZ. CALIFORNIA 94553 LEONARD A. KULLY TELEPHONE GARY P. SNYDER 1615 NORTH BROADWAY (415) 228.2300 WALNUT CREEK.CALIFORNIA 94596 (415) 998.2300 PLEASE REPLY TO: November 7, 1984 Martinez Board of Supervisors JNOV EIVED County Administration Building 651 Pine St. , Room 106 9 1984 Martinez , CA 94553 IATCMILOI Re : Claim of Anne Bensken RD � , Attention : Clerk of the Board Ladies and Gentlemen of the Board: I am writing on behalf of my client, Anne Bensken, to apply for leave to present a late claim in the event, given the following recitation of circumstances trying to clarify this matter, such action is appropriate at this time. On September 7, 1984 , the claimant, Anne Bensken, consulted me for the first time and retained me to represent her in connection with a claim against the Contra Costa County Consolidated Fire Protection District. On that same date, her claim, which is attached hereto and is hereby resubmitted for proper considera- tion, was served by certified mail, return receipt requested., on the Clerk of the Board of Directors of the Contra Costa County Consolidated Fire Protection District at 2010 Geary Road, Pleasant Hill, and such service was accepted by Jean Praller on behalf of the District on September 10, 1984, as reflected on the enclosed copy of a receipt from the U. S. Postal Service, the original of which is in my possession and may - be inspected on request. Since only 94 days lapsed between the date of the incident giving rise to the claim (June 8, 1984) and this service on September 10 , . 1984 , it is claimant's position that the claim was timely filed and is not late. For reasons unknown to claimant and not within claimant' s control, according to the "received" stamp on the attached claim, the claim was not actually marked "received" at the County Admin- istrator' s Office until October 1, 1984, a period of only 114 days from the date the claim arose , June 8, 1984 . Clearly it is not claimant' s fault or responsibility that it took three weeks from service on the Consolidated Fire Protection District for this claim to reach the County Administrator' s Office. If this Q0 040 t , Board of Supervisors Page 2 November 7, 1984 technically renders the filing of the claim late, which claimant denies , then clearly in the circumstances this is a situation where the late filing of a claim should be permitted. Moreover, to further complicate matters, on October 22, 1984 , counsel received, on behalf of the claimant, Anne Bensken , the attached "Notice to Claimant" , which included a certification dated October 16, 1984 , indicating that the claim had been considered on its merits by the Board and that it had been rejected in full . In reliance on this certified notice, on October 26, 1984 , I filed the Complaint attached hereto on behalf of the claimant against both the Contra Costa County Consolidated Fire Protection District and Contra Costa County, and as the attached proof of service indicates, the Summons and Complaintwere duly served by personal service on Kelley Calhoun, Deputy Clerk of the Board, on October 30, 1984. Under the circumstances, I would strongly suggest that this matter not be treated in a routine manner and that it be referred to County Counsel for special attention and consideration. We seem to be in a position where I could take the County' s default in this case on November 30th under circumstances where the County now contends that a claim which I had every reason to believe had been denied on the merits on October 16th was not filed on time. Given all of the foregoina, I have no doubt that the Court would grant appropriate relief to permit the prosecution of this claim even if it should be deemed to have been filed late. I will expect the courtesy of a response by November 30th, since on that date I will take the County' s default in Walnut Creek- Danville Municipal Court case number C34310 unless the procedural aspects of this matter have been satisfactorily resolved. Thank you. Very truly yours, GARY P. SNYDER GPS;dq Enc. cc: County Counsel :00 041