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Home My WebLink AboutMINUTES - 09232008 - C.15 (2) • a CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY BOARD ACTION: SEPTEMBER 23, 2008 Claim Against the County, or.District Governed by ) the Board of Supervisors, Routing Endorsements, ). KTh OTICE TO CLAIMANT and Board Action. All Section references are to ) copy of this document mailed to California Government Codes. ) • you is your notice of the action taken on your claim.by the Board of Supervisors. (Paragraph IV below), V @Section given Pursuant to Government Code AMOUNT: UNKNOWN RAUG 2 12008 913 and 915.4. Please note all . "Warnings". COUNTYCOUNSEL CLAIMANT: RICHARD CLARK MARTINEZ CALIF. ATTORNEY: CATHERINE A. WALSH DATE RECEIVED: AUGUST 21, 2008 LAW OFFICES OF CATHERINE ADDRESS: A, WALSH BY DELIVERY TO CLERK ON: AUGUST 21, 2008 1800 SUTTER STREET, STE. 260 BY MAIL POSTMARKED: HAND DELIVERY CONCORD, CA 94520-2500 FROM: Clerk of the Board of Supervisors T0: County Counsel Attached is a copy of the above-noted claim. AUGUST 21, 2008 JOHN CULLEN, Cl Dated: By: Deputy II. FROM: County Counsel TO: Clerk of the Board of Sup visors (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). (v' Other: �U41n" j6 1p1,2_1V47Me 111 -)Gr 111d:°1"17i& 014/1r75, Dated: 0 " 2��r� 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 911.3). ]V HOARD 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. Dated • e�W-AV#6HN CULLEN, CLERK, By Deputy Clerk WA N1.NG(Gov. code section 913). Subject to ceitain exceptions,you have only six O months froin the date this notice was personally served or deposited in the mail to file a covet 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 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 1. 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. Dated •ld4sn JOHN CULLEN, CLERK By Deputy Clerk AP %'i� This warningr,$oes not apply to claims which are not subjece`tg the California Tort Claims Act such as actiong'jn inverse condemnation, actions for specitic-relief such as mandamus or injunction, or Fe'deral``.C•i'wi1A4jhts'claims. The albove list is not'exhaustive and legal consultation is essential to understand all the separate limitationsiperiod's11-h'at•:may apply. The limitations period Within which suit must be tiled may be shorter or longer depending on the nature of the claim. Consult the specific statutes and cases applicable to your particular c9aim. 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 4 i -"7.,`,r'- Wil. . i.' �y. '•, '.��.. .. . BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY 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 presented 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. 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. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at the end of this form. am a a ass a a anew a a age&*a&as ago a a a a seems&&moon OR amen an ameamm ass a Masan awe a I RE: Claim By: Reserved for Clerk's filing stamp R ' chard Clark ) C�o Law offices of Cabherine A_ ) Walsh ) 1800 Sutter Street. ,Ste. 260,Concord , ) RECF�'�l -D CA Against the County of Contra Costa or ) AUG z 1 2008 District) (Fill in the name) cieRx BOARD�' ' cCONTRAA A}ov�sc;is co, The undersigned claimant 4ereby makes claim against the County of Contra Costa or the above-named district in the sum of$tel !' aftM -and in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact date and hour) Complaint served--4/23/2008-against defendant ER arke. 2. Where did the damage or injury occur? (Include city and county) Intersection of Willow Avenue and viewpoint Driv Costa County e, Hercules, Contra 3. How did the damage or injury occur? (Give full details;use extra paper if required) See attached. 4. What particular act or omission on the part of county or district officers, servants, or employees caused the injury or damage? Foilage obstructed driver's view of the stopssign and limit lines and painted word "stop° wbreecovered by recent r� pav�nof 5 What are the names of county or ddiistncii oin , serail,or employees causing the damage or injury? Unknown at this time. y 6. What damage or injuries do your claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage.) Any damages Richard Clarke incurs as a result of the claim of plaintiff. 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) The value of any comparative negligence/negligence associated with plainti.ff;s injuries and property damage. 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 Unknown at this time. ■...ummmm■mmmmaummmammmmmmmmmu■■mmmummummammmmammmmamammmmm■■Kmmmmam mm ■ ■maKm■■w� Gov. Code Sec. 910.2 provides"The claim shall be signed by the claimant or by some person on his behalf: SEND NOTICES TO: (Attorney) ) Name anis address of Attorney Law Offices of Catherine A. Walsh ) (Claimant's Signature) 1800 Sutter Street, Ste. 260 ) Catherine A: Walsh on behalf of Richard Clarke Concord, CA 94520 ) (Address) } TeIephone_No.l gggl 825 9599 ) Telephone No. 925 825-9500 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 subject to public disclosure. m woman■man■aaaamammum moo an museummmmama a mar Known NOTICE: Section 72 of the 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 ($1,000.00), 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. • ATTACHMENT TO CONTRA COSTA COUNTY CLAIM FORM August 2.f, 2008 CIaimant: Richard Clarke Date of Loss: July 21, 2007 #3. How did the daniage or injury occur? Claimant was southbound on Willow Avenue. Claimant began turning left onto Viewpoint Dive. Richard S.C,Clarke was driving northbound on Willow Avenue. Richard S.cClarke did not stop at the intersection because the stop sign was not visible and there were no other indications that a stop was required. The Clarke vehicle struck the rear passenger side of the Williams vehicle. #8 Names and addresses of witnesses,r-doctors, and hospitals: 1 , Ronald White, Hercules, CA 94597; 22, Richard S. Clarke, 10 Links Lane, Berlin, Maryland 21811 ; 3. Doctor's Hospital, 2000 Vale Road, San Pablo, CA 94806; 4. um Medical Centex, Sacramento, CA 95826; 5, Michael Morford, M.D., 2089 Vale Road, Ste. 17, San Pablo, CA 94806 r