HomeMy WebLinkAboutMINUTES - 09162008 - C.23 (11) CLAiM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY
BOAD TION: SEPTEIB .R 16, 2008
Claim Against the County, or,District Governed by )
the Board of Supervisors, Routing Ong;( ). NOTICE TO CLAIMANT
and Board Action. All Secti � ;i The copy of this document mailed to
California Government Cod you is your notice of the action taken
AUG .1 5 2008 on your claim by the Board of
COUNTY COUNSEL Supervisors. (Paragraph IV below),
MARTINEZ CALIF. given Pursuant to Government Code
AMOUNT: $1,000,000.00 Section 913 and 915.4. Please note all
"Warnings".
CLAIMANT: CHARLES ROYSTON
ATTORNEY: BYRON c. THompsoN DATE RECEIVED: AUGUST 15, 2008
ADDRESS: LAW OFFICES OF BYRON C. THO35UQ�ELI.VERY TO CLERK ON: AUGUST 15, 2008
1714 FRANKLIN STREET, STE.
OAKLAND, CA 94612 BY MAIL POSTMARKED: AUGUST 11, 2008
FROM: Clerk of the Board of Supervisors T0: County Counsel
Attached is a copy of the above-noted claim.
AUGUST 15, 2008 JOHN CULLEN, C r
Dated: By: Deputy
11. FROM.: County Counsel TO: Clerk of the Board of Su ervisors
/ �G�'hCi���J
Z. This claim omplies su stantially 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).
(Vt/Other: c I Ior) r- 6)el
bl, G. Febrooru II 2 ziD I IIGIQI�I'15 f DGcv,�rl r car
Cb Lwgjore Ia4c a t 01rC al,, Q p po '-ce
i q+e-C(ct i , IPI e�t.�-e �e� le t1�— { oM Co �&e .
Dated:: 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 9113).
IV. OARD 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. o
AVID TWA
Dated: O CLERK, By eputy Clerk
WA l.N (Gov. dode section 913).
Subject to certain exceptions,you have only six(6) months froni the date this notice was personally served
or deposited in the mail to file a courtaction on this claim.See Government Code Section 945.6.You may
seek the advice of'an attorney vigour choice in connection with this matter. li'you want to consult in
attorney,you should do so immediately. *For Additional Warning See Reverse Side of This Notice.
AFFIDAVIT OF MAILING
I declare under penalty of pei jury that i. am now, and at all times herein mentioned, have
been a citizen of the United States, over age 18; and that today 1 deposited in the United
States Postal Service in Martinez, California, postage fully prepaid a certified coliy of,this
Board Order and Notice to Claimant, addressed to the claimant as shown above.
Dated: -�1~' DAVID TWA ' CLERK By fvl ` Deputy Clerk
This warning doffs.not,apply;toclaims_which
are not subject to the California-T-b t-ClRalms
Act such as actions in inveriselcondemna°tion,
actions for specific relief such as mandamus or
injungtion, or Federal Civil"RigbtsteNi`ms. The
above list is not exhaustive and legal
consultation is essential to understand all the
separate limitations periods that may apply.
The limitations period within which suit must
be.riiled 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
1
OFRCE 6F THE COUNTY COUNSEL S L SILVANO B. MARCHESI
COUNTY OF CONTRA COSTA COUNTY COUNSEL
Administration Building •;;'
651 Pine Street, 91" Floor •,• =' • SHARON L.(ANDERSON
Martinez, California 94553-1229 = ,. CHIEF ASSISTANT
(925) 335-18000 :i'3)1'd}Qh' "- Z GREGORY C. HARVEY
!S' VALERIE J. RANCHE
(925)646-1078(fax)
ASSISTANTS
r'A couK'�
NOTICE OF UNTIMELINESS
AS TO A PORTION OF THE CLAIM
TO: Byron C. Thompson
Law Offices of Byron C. Thompson
1714 Franklin Street, Suite 350
Oakland, CA 94612
RE: CLAIM OF CHARLES ROYSTON
Please Take Notice as Follows:
In regards to the claim you submitted on August 11, 2008, on behalf of Charles Royston,
portions of the claim are timely and portions are untimely. The portions of the claim prior to February 11,
2008 that you presented against the County of Contra Costa governed by the Board of Supervisors fail to
comply substantially with the requirements of California Government Code Sections 901 and 911.2,
because they were not presented within six months after the event or occurrence as provided by law.
Because the portions of the claim prior to February 11, 2008 were not presented within the time allowed
by law, no action was taken on those portions of your claim. The claim was forwarded to the Board for
action only on the timely portions of the claims.
The only recourse at this time is to apply without delay to the County of Contra Costa
governed by the Board of Supervisors for leave to present a late claim as to the claims which are untimely.
(See Gov. Code, §§ 911.4 to 912.2, inclusive, and 946.6.) Under some circumstances, leave to present a
late claim will be granted. (See Gov. Code, § 911.6.)
SILVANO B. MARCHESI
COUNTY COUNSEL
I
Monika L. Cooper
Deputy County Counsel
•Byron C. Thompson
Re: Claims of Charles Royston
August 27, 2008
Page Two
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 27, 2008,I served a true copy of this Notice of Untimeliness as to a Portion of the Claim by placing the
document in a sealed envelope with postage thereon fully prepaid, in the United States mail at Martinez, California
addressed to Byron C. Thompson, Law Offices of Byron C. Thompson, 1714 Franklin Street, Suite 350, Oakland,
CA 94612, 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 27, 2008, at Martinez„California.
Gla
KatbleenvO'Conn-eir
cc: Clerk of the Board of Supervisors(original)
Risk Management
1 BYRON C. THOMPSON (SBN 85675)
LAW OFFICES OF BYRON C. THOMPSON
2 1714 Franklin Street, Suite 350
Oakland, . CA 94612
3 Telephone: (510) 835-1600 RECEIVE®
Facsimile: (510) 835-2077
4
Attorney for Claimant AUG 1 5 2008
5 CHARLES ROYSTON
CLERK BOARD OF SUPERVISORS
6 CONTRA COSTA CO.
7
8 COUNTY OF CONTRA COSTA
9
10 In Re: NO.
11 Charles Royston CLAIM AGAINST THE COUNTY
OF CONTRA COSTA
12 Claimant .
13
14
15 1 . Name and address of Claimant: Charles Royston,
16 c/o Byron C. Thompson, 1714 Franklin Street, Suite 350, Oakland, CA
17 94612 .
18 2 . Date of Incident: March 14, 2008 .
19 3 . Facts of Incident: On or about March 20, 2007,
20 claimant sustained an injury to his left heel just prior to his
21 being arrested by the Richmond Police in Richmond, CA.
22 At said time, claimant was taken to the hospital,
23 diagnosed with "crushed" bones in the foot, and informed he would
24 need surgical intervention in the future . He was given a soft cast,
25 mild medication and crutches and taken to West County Detention
26 Center.
27 Despite claimant' s repeated requests, both oral and
28 written, to schedule the surgery; and despite being told that
1 surgery would be scheduled, no surgery was ever scheduled.
2 On or about March 14, 2008, claimant finally saw a
3 orthopedic doctor concerning surgery.
4 At that time the doctor informed claimant that in fact he
5 would need surgery. However, due to the passage of time, the
6 crushed bones had healed abnormally. The doctor stated it would
7 not be worthwhile to perform surgery on claimant until he was
8 released from jail and needed to walk for his job.
9 Claimant continues to walk with the aid of a soft cast
10 and currently a cane. Claimant is presently 34 years old.
11 4 . Grounds for Claim: Negligence, Medical Malpractice,
12 violation of prisoner' s rights, lost of future wages .
13 S. Amount of Claim: $1, 000, 000. 00
14
15 Dated: Aug. 9, 2008
16
Byro C. Thompson
17 Att ey for Claimant
18
19
20
21
22
23
24
25
26
27
28
2
i
1
PROOF OF SERVICE
2
I, the undersigned, declare that I am employed in the County
3
of Alameda, State of California. I am over the age of eighteen
4
(18) years and not a party to the within cause. My business
5
address is 1714 Franklin Street, Suite 350, Oakland, CA 94612 .
6
On August 11, 2008 I served the within:
7
CLAIM OF CHARLES ROYSTON AGAINST COUNTY OF CONTRA COSTA
8
[X] BY MAIL in said cause by placing a true copy thereof
9 enclosed in a sealed enveloped, with postage thereon
fully prepaid' in the United States mail at Oaklands' CA,
10 - addressed as shown below: -
11 [ ] BY HAND DELIVERY by causing a true copy thereof, enckosed
in a sealed envelope, to be delivered by hand to the
12 address (es) shown below. I ` /
13 [ ] BY OVERNIGHT DELIVERY by placing a true copy thereof,
enclosed in a=sealed envelope, with delivery charge.ikto
14 be billed to Thompson, Lawson LLP, to be delivered by
Federal Express, to the address (es) shown below.
15
[ ] BY FACSIMILE TRANSMISSION by transmitting a true copy
16 thereof by facsimile transmission from facsimile number
(510) 835-2077 to the interested parties to said action at
17 the facsimile number (s) shown below.
18 Clerk Contra Costa County
555 Escobar Street ,
19 Martinez, CA 94553
20 I declare under penalty of perjury that the foregoing is true
21 and correct . Executed on August 11, 2008 at Oakland, CA.
22
23
Byro Thompson
24
25
26
27
28
. N co N (Q�'
('11 O(t? (( t
R
0 LL
� a �3¢a " omaCD
,
yy N 1 f) rfT
Q
LIJ
O
�311Nn o o
1 43 uMi
N ul
$ '0
_ 1a ^�
En
rt! '
0 N
to
W -A
to N
V in
to
t.
.rA
8
z �
vo � �
wx � w
r. H