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HomeMy WebLinkAboutMINUTES - 09162008 - C.23 (14) CLAIM ' BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY . BOAW 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 Ila The copy of this document mailed to California Government Codes. ll// you is your notice of the action taken AUG 12 2008. on your claim.by the Board of Supervisors. (Paragraph IV below), COUNTY COUNSEL given Pursuant to Government Code MARTINEZ CALIF. Section 913 and 915.4. Please note all AMOUNT: AMOUNT WITHIN THE JURISDICTION "Warnings". OF THE SUPERIOR COURT, UNLIMITED. g JURISDICTION CLAIMANT : JAMES-YOUNG ATTORNEY: THOMAS .G. MCLAUGHLIN DATE RECEIVED: AUGUST 12, 2008 LAW OFFICES OF THOMAS G. McLAUGHLIN ADDRESS: 3105 LANE TREE WAY, STE. D BY DELIVERY TO CLERK ON: AUGUST 12, 2008 ANTIOCH, CA 94509 BY MAIL POSTMARKED: HAND BY FROM: Clerk of the Board of Supervisors TO; County Counsel Attached is.a copy of the above-noted claim. AUGUST 12, 2008 JOHN CULLEN,/eke v� Dated: By: Deputy �Jf Deputy- 1,1. FROM:FROM.: County Counsel TO: Clerk of the Board of Supervisors O 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: GL.. Deputy County Counsel 111. 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). 1 V.4 OARD ORDER: By unanimous vote of the Supervisors present: (✓ This Claim is rejected in full. (.) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for. this date. Dated: DAVID TWA CLERK, By eputy Clerk WA ING(Gov. code section 913). Subject to certain exceptions,you have only six(n) months from the date this notice was personally served' or deposited in the nail to file a court action on this clahn.See Government Code Section 945.6.You may seek the advice of an attorney of your choice in connection with this matter. 1.1'you want to consult an attorney,you should do so immediately. *FOr.Additional Warning See Reverse Side ofThis Notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that [ 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 copy of,this Board Order and Notice to Claimant, addressed to the claimant as shown above. / CLERK B De ut Clerk Dated:�.�L� DAVID TWA Y P Y r r This warning does r otiapply&t clalms,which are not subject tot d.California'Tort Claims Act such as actions in inverse condemnation, actions for specific relief such as mandamus or. injunction, or Federal C IV1.R'ights elaims. 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 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 ` OFFICE OF THE COUNTY COUNSEL $EAL SILVANO B. MARCHESI COUNTY OF CONTRA COSTA � El. O� COUNTY COUNSEL Juvenile Division P.O.Box 69 - ` SHARON L. ANDERSON ,;� -__ •,� Martinez, California 94553-0116 = CHIEF ASSISTANT GREGORY C. HARVEY (925) 335-1830 Q; + :�10 S\ -:;� � VALERIE I. RANCHE (925) 646-2461 (fax) 1 _ ;y ,•-� �'� � ASSISTANTS COSTA C------ 'C4y 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: [ ] 1. 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. [ ] 5. 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. Y eo �! c✓ v I �3 -��� per'' r 000� s 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 B Monika L. Cooper Deputy County Counsel CERTIFICATE OF SERVICE BY MAIL (Code Civ. Proc., §§ 1012, 1013a,2015.5; Evid. Code, §§ 641, 664) 1 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, 2008,1 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, al Martinez, California. cc: Clerk of the Board of Supervisors(original) Risk Management THOMAS G. McLAUGHLIN, ESQ., CS13#71904 LAW OFFICES OF RECEIVE® THOMAS G. MCLAUGHLIN 3105 Lone Tree Way, Suite D AUG 1 . 2008 Antioch, California 94509 Tele(925) 754-9900 CLERK BOARD OF SUPERVISORS Fax (925) 756-6604 CONTRA cos-TA co Attorney for Claimant CLAIM OF JAMES YOUNG, 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. 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 were made 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 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. r .. Page Two Claim for Damages Of James Young ----------------------------------------- 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 ] / THO S G. McLAUGHLINSQ. Attorney for James Young CLAIM ' BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY , BOAW 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 The The copy of this document mailed to California Government Codes. u ��''// " you is your notice of the action taken AUG 2%2008 on your claim.by the Board of . Supervisors. (Paragraph IV below), COUNTY COUNSEL given Pursuant to Government Code MARTINEZ CALIF. Section 913 and 915.4. Please note all AMOUNT: AMOUNT WITHIN THE JURISDICTION OF THE SUPERIOR COURT, UNLIMITED' "Warnings". JURISDICTION CLAIMANT : JAMES-.YOUNG ATTORNEY: THOMAS .G. McLAUGHLIN DATE RECEIVED: AUGUST 12, 2008 LAW OFFICES OF THOMAS G. McLAUGHLIN ADDRESS: 3105 LONE TREE WAY, STE. D BY DELIVERY TO CLERK ON: AUGUST 12, 2008 ANTIOCH, CA 94509 BY MAIL POSTMARKED: HAND DELIVERED FROM: Clerk of the Board of Supervisors TO; County Counsel Attached is.a copy of the above-noted claim. AUGUST 12 2008 JOHN CULLEN Dated: By: Deputy It. FROM.: County Counsel TO: Clerk of the Board of Supervisors ( ) 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: F- f 3- Ds-, By: Deputy County Counsel Ill. FROM: Clerk of the Board TO: County Counsel.(1) County Administrator(2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). 1V. OARD ORDER: By unanimous vote of the Supervisors present: (► 4 This Claim is rejected in full. (.) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for.' this date. Dated: DAVID TWA CLERK, By. eputy Clerk WA ING (Gov. code section 913). Subject to certain exceptions,you have only six(n) months from the date this notice was personally served' or deposited In the mail to Nle a court action on this clalrn.See Government Code Section 945.6 You may seek the advice of an attorney ofyour choice in connection with this platter. I.f you want to consult nn attorney,you should do so immediately. *For Additional Warning See Reverse Side of This Notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I alit now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in file United States Postal Service in Martinez, California, postage fully prepaid a certified copy of_this Board Order and Notice to Claimant, addressed to the clahnan.t as shown above. Dated: L4--leDAVID TWA CLERK By Deputy Clerk This warning does no,t1apnly,to- la ms,which are not-subject to the California'Tort Claims Act such as actions in inverse condemnation, actions for specific relief such as mandamus or, injunction, or Federal Civ 1=R'ighWelaims. 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 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 OFFICE OF THE COUNTY COUNSEL gEA L SILVANO B. MARCHES[ COUNTY OF CONTRA COSTA q�'_ __�� COUNTY COUNSEL Juvenile Division P.O.Box 69 _ SHARON L. ANDERSON ` a Martinez, California 94553-0116 CHIEF ASSISTANT , (925) 335-1830 �i x= _ GREGORY C. HARVEY x (925) 646-2461 (fax) ; .. a r.111\JI ; VALERIEAJN ASSISTANTS ' y•ti OOsr`� COUPZ'��GY' 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: [ ] I. 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. [ ] 5. 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. f ✓ Y d✓ 77 140 lam" 7ti © G°° r 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 B 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 tonomas 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, Martinez, California. cc: Clerk of the Board of Supervisors (original) Risk Management THOMAS G. McLAUGHLIN, ESQ., CSB#71904 LAW OFFICES OF RECEIVED THOMAS G. McLAUGHLIN 3105 Lone Tree Way, Suite D AUG I Antioch, California 94509 1( 2Q08 Tele(925) 754-9900 CLERK BOARD OF SUPERVISORS Fax (925) 756-6604 CONTRA COSTACo. Attorney for Claimant CLAIM OF JAMES YOUNG, 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. 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 were made 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 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. Page Two Claim for Damages Of James Young ----------------------------------------- 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 ISTHO G. MCLAUGHLINSQ. Attorney for James Young