HomeMy WebLinkAboutMINUTES - 09162008 - C.23 (2) CLAIM
BOARD O.YSUPERVISORS OF CONTRA COSTA COUAi
BOARD ACTION: SEPTEMBER 16, 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 ) The copy of this document mailed to
California Government Codes.
Q ������ you is your notice of the action takenyour on your claim by the Board of
Supervisors. (Paragraph IV below),
AUG W8 2008 given Pursuant to Government Code
AMOUNT: $727,129.34 COUNTY COUNSEL Section 913 and 915.4. Please note all
MARTINEZ CALIF. "Warnings
CLAIMANT: PREFERRED EMPLG�MS INSURANCE
COMPANY
ATTORNEY: PATRICK G. ROSE DATE.,RECEIVED: AUGUST 08, 2008
BRADFORD & BARTHEL AUGUST 08, 2008
ADDRESS: 9821 BUSINESS PARK DRIVE; BY_DELIVERY TO CLERK ON:
SUITE 160
SACRAMENTO, CA 95827 BY MAIL POSTMARKED: GOLDEN STATE
E3�T�I1Pd26I•iT'
FROM: Clerk of the Board of Supervisors T0; County Counsel
Attached isa copy of the above-noted claim.
AUGUST 08, ,2008 JOAN CULLEN l
Dated: By: Deputy
11. FROM.: County Counsel TO: Clerk of the Board of Supervisors
(V.-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).
O Other:
Dated: By Deputy County Counsel
III. FROM: Clerk of the Board TO: County Counsel (]) 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:
(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.
Dated � d ODAVID TWA', CLERK, By eputy Clerk
WARNING (Gov. code section 913).
Subject to ceilain exceptions,you have only six(t) months front the date this notice was petsonally_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 connectiat with this matter. If you want to consult an
attorney,you should do so immediately. *Fol-Additional Wanting See Reverse Side of This Notice.
AFFIDAVIT OF MAILING
I declare under penalty of petjury that I aur 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 col)y of,this '
Board Order and Notice to Claimant, addressed to the clainnan.t as shown above.
Dated:c __,e JDAVID TWAJ, CLERK By Deputy Clerk
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This' warning does not apply to claims which
are not subject to the California Tort Claims
Act such as actions'in`inver`s'e`condemnation,
c n
actions for specific relief such as•mandamus or
inji.inCtion, or FederalZivil RightsMaims. The
above�list is not exhaustive and, legal
consultation is essential to un'der'stand all the
separate limitations periods that may apply.
The limitations period within which suit must
be*filed may be shorter or longer depending on
the nature of the claim. Consult the specific
statutes and cases applicable to your particular
claim.
The.County of Contra Costa does not waive any
of its rights under California Tort Claims Act
nor does it waive rights under the statutes of
limitations applicable to actions not subject to
the California Tort Claims Act
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0?/29/2008 09:54 CONTRA COSTA COUNTY CLERK OF THE 4 919165690?99
NO.S23 ryC
BOARD OF SUPERYrISORS OF CONTRA COSTA COUNTY
f 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 presemed 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,
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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.
j
F. Fr.aud. See penalty for fraudulent claims,Penal Code Sec. 72 at the end of this form.'
loie•eev•v•vas•v•u v•es••ev ao•�eer•ee•a•vvvve•••d ee•e ve•e••e••e•v es n•v.•.e•ei
RE: Claim B Reserved for Clerks filing stain
� Y� '
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Preferred Employers Insurance Company )
Against the County of Contra Costa or )
District)
(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$727,129.34 and in support of this claim represents as follows:
1. When did the damage or injury occur? (Give exact date and hour)
02/11/2008 20:10
2. Where did the damage or injury occur? (Include city and county)
4600 Clayton Road and 4636 Melody Drive in Concord,California.
3. How did the damage or injury occur? (Give fall details;use extra paper if required)
Injured worker Bayarra Sovdoo was assaulted by an armed robber and shot in the chest.
4. What particular act or omission on the pan of county or district officers, servants,or employees
caused the injury or damage?
See attached.
5 What are the names of county or district officers,servants,or employees causing the
i
damage or injury?
Unknown.
s
0?292008 09:54 CONTRA COSTA COUNTY CLERK OF THE 4 919165690799 NO.523 DO
6. What damage or injuuies do your claim resulted? (Give full extent of injuries or damages
claimed. Attach two estimates for auto damage.)
i
$727,129.34 and continuing.
T How was the amount claimed above computed? (Include the estimated arnourt of any
prospective in1'ury or damage.)
All workers'compensation benefits conferred under Division 4 of the California Labor
Code per statute per California Labor Code Section 3852, et seq.
8. Names and addresses of witnesses,doctors, and hospitals:
See attached.
9. List the expenditures you made on account of this accident or injury:
DATE TIME AMOUNT
To be determined.
i
.....a.a r....v..v..a.........v.....a...•..........................e..s........a.r
Gov.Code Sec. 910.2 provides"The claim shall be
signed by the claimant or by some person on his
behal "
SEND NOTICES TO: Attornevl )
Name and address of Attomey )
(Claimant's Signature)
Patrick G.Rose,Esq. )
J. Stephen Donovan,Esq. ) Bradford&Barthel,LLP
Bradford&Barthel,LLP } (Address)
9821 Business Park Drive, Suite 160 ) 9821 Business Park Drive, Suite 160
Sacramento, CA 95827 ) Sacramento,CA 95827
Telephone No. (916)569-0790 )Telephone No,(916)569-0790
•r
............ n..a s..sa...........r............a.......................
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 suhiect to
public disclosure.
o..•a......ere............v. ..•.........r.......a...................................
NOTICE:
Section 72 of(he 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(51,000.00), 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.
NOTICE OF CLAIM AGAINST CONTRA COSTA COUNTY
ATTACHMENT TO CLAIM FORM
WITNESSES
1. Bayarra Sovdoo, 2021 Sierra Road, Apt. C, Concord, CA 94518, (925)691-9752
2. Hugo Cavala, 4949 Clayton Rd Apt. 10, Concord, CA 94521, (925)349-5456
DOCTORS AND HOSPITALS
1. John Muir Medical Center, 1601 Ygnacio Valley Road, Walnut Creek, CA 94598.
2. Douglas Ardley, R.N., Les Porter, M.D., Karen Lajoy, Ph.D., Paradigm Management
Services, 1001 Galaxy Way, Suite 300, Concord, CA 94520.
3. Dr. Ronald Cooper, 1081 Market Place, Suite 600, San Ramon, CA 94583.
4. Nagui Achamaliah, M.D., 100 Burnett Avenue, Suite 435, Concord, CA 94520.
5. Dr. Dolores Musco
6. Dr. Salim Shelby
7. Dr. Vivian Ting
1 Patrick G. Rose, Esq. (SBN 185508)
J. Stephen Donovan, Esq. (SBN 172001)
2 BRADFORD & BARTHEL,LLP
9821 Business Park Drive, Suite 160
3 Sacramento, CA 95827
Telephone: (916) 569-0790
4 Facsimile: (916) 569-0799
5 Attorney for Claimant
PREFERRED EMPLOYERS INSURANCE COMPANY
6
8 COUNTY OF CONTRA COSTA
9 BOARD OF SUPERVISORS
10
11
12 PREFERRED EMPLOYERS INSURANCE ) Case No.: UNASSIGNED
COMPANY,
13 ) GOVERNMENTAL CLAIM FORM FOR
Claimant, ) MONEY DAMAGES
14 )
-vs.- )
15 )
COUNTY OF CONTRA COSTA, )
16 )
Defendants. )
17 )
18 Claimant Preferred Employers Insurance Company hereby files the governmental claim form
19 which includes, but is not limited to, the following allegations:
20 I. FACTS
21 On February 11,2008,injured worker Bayarra Sovdoo was at the Best Western Heritage Inn
22 located at 4600 Clayton Road in Concord, Contra Costa County, California, delivering a pizza on
23 behalf of his employer,Domino's Pizza. Mr. Sovdoo was accosted by an armed assailant who stole
24 his money. Mr. Sovdoo attempted to pursue the robber when he was shot in the chest. Mr. Sovdoo
25 managed to get to 4628 Melody Drive in Concord, California when he collapsed. Neighbors from
26 the surrounding condominiums called 9-1-1 and paramedics arrived.
27 As Mr. Sovdoo was in the course and scope of his employment when this accident occurred,
28 Claimant Preferred Employers Insurance Company was obligated to pay workers' compensation
GOVERNMENTAL CLAIM FORM FOR MONEY DAMAGES
- 1 -
1 benefits and now seeks reimbursement for same against the governmental entities involved per the
2 equitable subrogation statutes of California Labor Code Section 3850, et seq.
3 II. FAILURE TO DISCHARGE A MANDATORY DUTY(G.C. § 815.6)
4 Claimant asserts that the City of Concord and Contra Costa County, by and through their
5 local law enforcement and police agencies,failed to discharge a mandatory duty of abating criminal
6 and gang enterprises resulting in the aforementioned assault and battery.
7 Said claim is based on California Penal Code§ 186.2 entitled the California Street Terrorism
8 Enforcement and Prevention Act; California Civil Code § 666.7 requiring sentencing enhancement
9 and abatement of criminal gang activity; Senate Bill 456 entitled the Gang Abatement and
10 Prevention Act of 2007;and the failure to take affirmative steps in abating criminal and gang activity
11 via gang injunctions.
12 III. NEGLIGENCE
13 Claimant further asserts that the failure to enforce or discharge the mandatory duties set forth
14 under Paragraph 1I are also implicated in Claimant's allegations that the governmental agency
15 negligently failed to properly enforce said mandatory duties to curb gang activities via the above-
16 referenced statutes.
17 Claimant asserts that the governmental entities served herewith negligently failed to adopt
18 and enforce further laws to enforce the clear public policy to abate criminal, street and gang
19 activities.
20 IV. PREMISE LIABILITY(G.C. § 835 et seg.)
21 Claimant asserts that the governmental agencies served herewith negligence or intentionally
22 allowed a hazardous and dangerous condition to exist on governmental property, herewith the
23 Newhall Community Park,which said governmental entities allowed criminal and gang enterprises
24 to exist and flourish. Said governmental entities failed to inspect, and enforce applicable laws to
25 abate the criminal element located at Newhall Community Park,which caused or contributed to the
26 underlying assault and battery herewith.
27 V.VIOLATION OF CIVIL RIGHTS -CALIFORNIA
28 Claimant asserts that injured worker Bayarra Sovdoo is a Mongolian immigrant. Studies
GOVERNMENTAL CLAIM FORM FOR MONEY DAMAGES
- 2 -
1 show that there has been a vast increase in crime against the Mongolian community in general in the
2 Bay Area, yet the governmental entities served herewith have done nothing to protect Mongolians
3 as a community.
4 Claimant asserts that the governmental entities served herewith violated Mr. Sovdoo's civil
5 rights, in violation of the California Ralph Civil Rights Act, the California Bane Civil Rights Act,
6 the Unruh Civil Rights Act(CC § 51), and the Freedom from Violence Act codified in CC § 51.7.
7 The served governmental entities,by and through their local law enforcement agencies,have further
8 deprived Mr. Sovdoo,and the Mongolian community in general,of their Constitutionally protected
9 rights, privileges and immunities as codified under Civil Code § 52.3.
10 VI. VIOLATION OF CIVIL RIGHTS (42 USC 1983)
11 Claimant asserts that injured worker Bayarra Sovdoo is a Mongolian immigrant. Studies
12 show that there has been a vast increase in crime against the Mongolian community in general in the
13 Bay Area, yet the governmental entities served herewith have done nothing to protect Mongolians
14 as a community.
15 Claimant asserts that the governmental entities served herewith, by and through their.local
16 law enforcement and police agencies, effectively violated Bayarra Sovdoo's civil rights as well as
17 the Mongolian community at large,by failing to protect Mr. Sovdoo and the Mongolian community
18 at large.
19 VII. WORKERS' COMPENSATION SUBROGATION
20 The aforementioned accident occurred while the injured worker,Bayarra Sovdoo,was in the
21 full course and scope of his employment with Island Pizza Inc., dba Domino's Pizza, insured for
22 workers'compensation by Claimant herein,Preferred Employers Insurance Company. As a result,
23 Claimant, the Workers' Compensation Insurance Carrier, was obligated to provide benefits to the
24 injured worker and now seeks full reimbursement for same.
25 California Labor Code Section 3852, et seq., allows the Workers' Compensation Insurance
26 Carrier to seek subrogation and equitable indemnity against any Third Party whose negligent acts
27 or omissions caused or contributed to the industrial injury.
28 Claimant Preferred Employers Insurance Company is subrogated to any and all rights which
GOVERNMENTAL CLAIM FORM FOR MONEY DAMAGES
- 3 -
1 the injured worker, Bayarra Sovdoo, may have under California Labor Code section 3852, et seq.
2 to recover the total amounts expended from the Defendants herein.
3 DATED: August 6, 2008 Respectfully Submitted,
4 B &BARTBEL,LLP
5
6 J. ST ONOVAN
Attorney for Claimant
7 PREFERRED EMPLOYERS INSURANCE
COMPANY
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GOVERNMENTAL CLAIM FORM FOR MONEY DAMAGES
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