The URL can be used to link to this page

Home My WebLink AboutMINUTES - 09162008 - C.23 (9) AMENDED CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY B CTION: 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. ) you is your notice of the action taken Rg6Im IId�� on your claim by the Board of Supervisors. (Paragraph IV below), SEP 0 3 2008 given Pursuant to Government Code AMOUNT WITHIN THE JURISDICTION Section 913 and 915.4. Please note all 1�� 1)d&NSR9F THE SUPERIOR COURT, UNLIMITED "Warnings". MARTINEZCAUF�ISDICTION g CLAIMANT: JAMES YOUNG ATTORNEY: THOMAS G. McLAUGHLIN . DATE RECEIVED: SEPTEMBER 03, 2008 LAW OFFICES OF THOMAS G. McLAUGHLIN ADDRESS: 3105 LONE TREE WAY, STE. D BY DELIVERY TO CLERK ON: SEPTEMBER 03, 2008 ANTIOCH, CA 94509 I RECEIVED FROM BY MAIL POSTMARKED: rnTrnrry rnTrnTctr FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. JOHN CULLEN, r Dated: SEPTEMBER 03, 2008 By: Deputy It. FROM: County Counsel TO: Clerk of the Board of S pervisors (. 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: ��6 AVKBy. n�L�Mg4qCounsel Ill. 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. ARD ORDER: By unanimous vote of the Supervisors present: ( Ihis Claim is rejected in full. O Other: 1 certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. D VID TWA Date f, CLERK, By Deputy Clerk WA G (Gov. code section 913) Subject to certain exceptions,you have only six(6)months from the date this notice was personalty 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 all . atton►ey,you should do so irnurediately. *For Additional Warning See Reverse Side of This Notice. AFFIDAVIT OF MAILING I declare under penalty of lien july that I and now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and (flat today I deposited in the United Slates I'oslal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order a nd Notice tto�C/lairuant, addressed to the claimant as shown above. Dated / /"�6 DAVID TWA CLERK By Deputy Clerk . r Cry • 'r• aca; ' . 9 :Y•i r, Tllis warning does not-apply to claims which arc not subject to the California Tort Claims Act such as actions"in inverse ecnclemnatibn, fir! `s,. � , actions for specific relief strep as mapsl.MUS or :, it►iunction; or Federal Civil Rights claims;The above list is not exhaustive andlegal ,4 V consultation is essential to unc>le�rstnd all the separate limitations periods that may apply, The limitations period within which suit miist be fled maybe $horter or Ion Or depending on the nature of the claim. Consnit'the- specific statutes and cases applicable to your particular claim. The CotNnty.of Contra Costa does not.Waive,a!tY of ars rights Ytoder Caiifot ula Tort ClaimsAct ` nor does it waive rights lander the statutes of limitations applicable toactions,.not subject to the Califoripia Tort Claims Act THOMAS G. McLAUGHLIN, ESQ., CSB#71904 LAW OFFICES OF THOMAS G. McLAUGHLIN 3105 Lone Tree Way, Suite D Antioch, California 94509 Tele(925) 754-9900 Fax (925) 756-6604 Attorney for Claimant CLAIM OF JAMES YOUNG, AMMENDED CLAIM FOR PERSONAL INJURIES Claimant, vs. (Government Code Section 910) CONTRA COSTA COUNTY (Animal Services Department), Respondent / You are hereby notified that JAMES YOUNG, herein after described as Claimant, whose address is 222 Heron Drive, Pittsburg, CA 94565, claims damages from the County of Contra Costa (Animal Services Department) as follows: This claim is based upon the loss of consortium suffered by JAMES YOUNG as a result of injuries caused to his wife, PAMELA YOUNG, who suffered injuries when she was attacked and injured by pit bull dogs who escaped from the property at 6 Bayside Drive because the property was improperly fenced. PAMELA YOUNG suffered personal injuries on or about March 9, 2008 in the City of Pittsburg at or near River Park Road in the vicinity of Vee Jay Marine Services. On said date, PAMELA YOUNG was walking her dogs when two pit bull dogs who were kept on the premises of Vee Jay Marine Services, 6 Bayside Drive, Pittsburg, CA, which premises are owned by the City of Pittsburg, viciously attacked PAMELA YOUNG. The property was in a dangerous condition in that there were inadequate restraints such as fencing to restrain the known vicious animals thereby allowing said vicious animals to escape from their confinement and attack and injure PAMELA YOUNG, knocking PAMELA YOUNG to the ground and causing serious personal injuries to PAMELA YOUNG. A a result of these injuries to PAMELA YOUNG, Claimant JAMES YOUNG has suffered and continues to suffer the loss of consortium of PAMELA YOUNG. This property is owned by the city of Pittsburg and this property was in a dangerous condition because of the inadequate fencing to restrain said vicious dogs. The city and county Page Two Claim for Damages Of James Young were aware of the dangerous condition and failed to take action to remedy it even though the city and County had the funds and/or the ability to have the corrections made. In addition, the agents and employees of the County of Contra Costa whose name are unknown were notified of the dangerous condition and negligently failed to take any action to remedy said dangerous condition all resulting in injuries to PAMELA YOUNG, the wife of JAMES YOUNG causing her to be unable to perform her duties as wife, thereby causing claimant, JAMES YOUNG to suffer loss of consortium. The damages caused to claimant are within the jurisdiction of the Superior Court unlimited jurisdiction. All further notices or other communications with regard to this claim should be sent to THOMAS G. McLAUGHLIN, 3105 Lone Tree Way, Suite D, Antioch, California 94509, telephone (925) 754-9900. August 6, 2008 TH MAS G. McLAU�GIN, SQ Attorney for James Young r'OFFICE OF THE COUNTY COUNSEL SEAL SILVANO B. MARCHESI O COUNTY OF CONTRA COSTA ��','_" �� .� COUNTY COUNSEL Juvenile Division P.O.Box 69 * _ _ SHARON L. ANDERSON Martinez, California 94553-0116 = _ _ZZE CHIEF ASSISTANT GREGVRY C. HARVEY (925) 335-1830 VALERIE J. RANCHE (925) 646-2461 (fax) a e = C ASSISTANTS ODsr`9 COUIZK�'G� NOTICE OF INSUFFICIENCY AND/OR NON-ACCEPTANCE OF CLAIM August 19, 2008 TO: Thomas G. McLaughlin Law Offices of Thomas G. McLaughlin 3105 Lone Tree Way, Suite D Antioch, CA 94509 RE: CLAIM OF THOMAS YOUNG Please Take Notice as Follows: The claim you presented against the County of Contra Costa or District governed by the Board of Supervisors fails to comply substantially with the requirements of California Government Code Section 910 and 910.2, or is otherwise insufficient for the reasons checked below: [ ] L The claim fails to state the name and post office address of the claimant. [ ] 2. The claim fails to state the post office.address to which the person presenting the claim desires notices to be sent. [X] 3. The claim fails to state the date, place or other circumstances of the occurrence or transaction which gave rise to the claim asserted. [ ] 4. The claim fails to state the name(s) of the public employee(s) causing the injury, damage, or loss, if known. [ 15. The claim fails to state whether the amount claimed exceeds ten thousand dollars ($10,000). If the claim totals less than ten thousand dollars ($10,000), the claim fails to state the amount claimed as of the date of presentation, the estimated amount of any prospective injury, damage or loss so far as known, or the basis of computation of the amount claimed. Thomas G. McLaughlin Re: Claim of James Young August 19, 2008 Page Two [ ] 6. The claim is not signed by the claimant or by some person on his or her behalf. [ ] 7. You are required to submit your claim on the proper form, which is enclosed. Please resubmit your claim on the enclosed form, including all the required information. Gov. Code, § 910.4. Please be aware that you have only a limited period of time in which to file an amended claim. See Gov. Code, § 910.6. [ ] 8. Other: SILVANO B. MARCHESI COUNTY COUNSEL fVy Monika L. Cooper Deputy County Counsel CERTIFICATE OF SERVICE BY MAIL (Code Civ. Proc., §§ 1012, 1013a, 2015.5; Evid. Code, §§ 641,664) I am a resident of the State of California, over the age of eighteen years, and not a party to the within action. My business address is Office of the County Counsel, 651 Pine Street, 9th Floor, Martinez, CA 94553-1229. On August 19,2008,I served a true copy of this Notice of Insufficiency and/or Non-Acceptance of Claim by placing the document in a sealed envelope with postage thereon fully prepaid, in the United States mail at Martinez, California addressed toThomas G. McLaughlin,Law Offices of Thomas G. McLaughlin, 3105 Lone Tree Way, Suite D, Antioch, CA 94509, as set forth above. I am readily familiar with Office of County Counsel's practice of collection and processing of correspondence for mailing. Under that practice, it would be deposited with the U.S. Postal Service on that same day with postage thereon fully prepaid in the ordinary course of business. I declare under penalty of perjury under the laws of the State of California and the United States of America that the above is true and correct. Executed on August 19, 2008, a#Martinez, California. cc: Clerk of the Board of Supervisors (original) Risk Management AUG 2 5 2008 LAW OFFICES OF THOMAS G. McLAUGHLIN COUNTY COUNSEL MARTINEZ CALIF. 3105 Lone Tree Way,Suite D 1210 Central Boulevard,Suite 115 Antioch,California 94509 Reply to Antioch Brentwood California 94513 Telephone(925)754-9900 Telephone(925)516-4717 Fax(925)756-6604 Fax(925)756-6604 August 20, 2008 c4Fq, S Fp O . 0 Office of the County Counsel �. County of Contra Costa c �s PO Box 69 Martinez, CA 94553-0116 Attn: Monika L. Cooper - Deputy County Counsel Silvano B. Marchesi - County Counsel Re: Claim of James Young Dear Ms. Cooper: Pursuant to your letter of August 19, 2008, enclosed please find our Amended Claim for Personal Injuries relating to our client James Young. Please date stamp the enclosed copy of this amended claim and return it to our office in the self-addressed, stamped envelope provided herein. The original amended claim is to be lodged with your office. Thank you for your attention to this matter. Very truly yours, Thomas G. McLaughlin TGMJrre Enclosure : $6-it- cu 3 / w 2 »\ - \ - ° = = t rua < 0 . / 2