HomeMy WebLinkAboutMINUTES - 02231988 - 1.3 (2) APPLICATION TO FILE LATE CLAIM AND AS
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
BOARD ACTION
GOVERNING BOARD OF THE CONTRA COSTA HOUSING AUTHORITY
Application to File Late Claim ) NOTICE TO APPLICANT Februay 23 , 1988
Against the County, Routing ) The copy of this document mailed to you is your
Endorsements, and Board Action.) notice of the action taken on your application by
(All Section. References are to the Board of Supervisors (Paragraph III, below),
California Government Code.) ) given pursuant to Goverryment Code Sections 911.8 and
915.4. Please note the "WARKIW" below.
Claimant: ROBERT PEREZ, JP.. County Counsel
c/o Richard Id. brewer - - JAN 2 0 1988
Attorney: Law Corporation Martinez, CA 94553
1565 Exposition Blvd.
Address: Sacramento, CA 95815
Amount: $60, 000. 00 By delivery to Clerk on -January 15, 1988 Housing Auth
Date Received: January 15, 1988 By mail, postmarked on no postmark
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above noted Application to F le Late Claim.
DATED:January 19 , . 1983PHIL BATCHELOR, Clerk, Byep pY
L. Hall
II. FROM: County Counsel TO: Clerk of the Board of Supervisors
( ) The Board should grant this Application to File Late Claim (Section 911.6).
( ) The Board should deny this Application to File Late Claim (Section 911.6).
DATED: VICTOR WESTMAN, County Counsel, By puty
III. BOARD ORDER By unanimous vote of Supervisors present
(Check one only)
(x) This Application is granted (Section 911.6).
( ) This Application to File Late Claim is denied (Section 911.6).
I certify that this is a true and correct copy of the Board's Order entered in its
minutes for this date.
DATE: FEB 2 3 1988 PHIL BATCHELOR, Clerk, By Deputy
�-
WARNM (Gov. Code 1911.8)
If you wish to file a court action on this matter, you must first petition the
appropriate oourt for an order relieving you from the provisions of Government Code
Section 945.4 (claims presentation requirement). see Government Code Section 946.6. Such
Petition must be filed with the oourt within six (6) months from the date your application
for leave to present a late claim was denied.
You may seek the advise of any attorney of your choice in oosmeetiocn with this
matter. It M want to oonsult an attorney, u should do so immediately.
IV. FROM: Clerk of the Board TO: 1 County Counsel 2 County. Administrator .
Attached are copies of the above Application. We notifed the applicant of the
Board's action on this Application by mailing a copy of this document, and a memo thereof.
has ben filed and endorsed on the Board's copy of this Claim in accordance With Section
29703.
DATED: FEB 2 5 1989 PHIL BATCHELOR, Clerk, By � Deputy
V. FROM: 1 County Counsel 2 County Administrator 70: Clerk of the Board
Received copies of this Application and Board Order. of Supervisors
DATED: County Counsel, By
County Administrator, By
APPLICATION TO FILE LATE CLAIM
j RICHARD M. BREWER LAW CORPORATION
1565 Exposition Blvd , Suite 110
2 Sacramento, California 95815
Telephone : (916) 648-1331 RECEIVED
3
4 AN1 5 1988.
5 Attorney for Claimant
CL
6 By
7
8 IN THE COUNTY OF CONTRA COSTA
9 FOR THE BOARD OF SUPERVISORS AND THE HOUSING AUTHORITY
10 )
11 CLAIM OF ROBERT PEREZ, Jr . , )
APPLICATION FOR LEAVE TO
12 ) PRESENT LATE CLAIM BY
ROBERT PEREZ, Jr . , A
13 vs . ) MINOR
(Section 911 .4 of the
14 COUNTY OF CONTRA COSTA AND ) Government Code)
HOUSING AUTHORITY )
15 >
DATED RECEIVED
16
r
17 TO: The Board of Supervisors , County of Contra Costa and
18 Housing Authority:
19 1. Application is hereby made , pursuant to government_ Code,
20 Section 911.4, for leave to present a late claim founded
21 on a cause of action for personal injuries which accured
22 on January 17 , 1987 , for which a claim was not presented
23 within the 100-day period provided by Section 911.2 of
24 the Government Code .
25 2 . The reason that no claim was presented during the period
26 of time provided by Section 911.2 of the Government Code
27 is that the Claimant was a minor during all of the 100-
28 day period specified for presentation of the claim.
• i
1 3 . The minor 's failure to file the claim was through mistake
2 and inadvertence, and the Board of Supervisors and
3 Housing Authority was not prejudiced by this failure all
4 as more is particularly shown by the attached declaration
5 of Richard M. Brewer , Attorney
6 at Law. .
7 4. This application is being presented within a reasonable
g time after the accrual of this cause of action, as more
9 particularly shown by the attached declaration of Richard
10 M. Brewer , Attorney at Law.
11 WHEREFORE, it is respectfully requested that this appli-
12 cation be granted and that the attached proposed claim be
13 received and acted on in accordance with Sections 912 .4-
14 913 of the government Code.
15
16 DATED: RICHARD M. BREWER LAW CORPORATION
17
18 By:
M ar Brewer
19 Attorney at Law
20
21 NOTE: The Address to which notices relating to this application
22 are to be sent is :
23 RICHARD M. BREWER LAW CORPORATION
1565 Exposition Blvd , Suite 110
24 Sacramento, California 95815
Telephone : (916) 648-1331
25
26
27
28 -2-
•
1 RICHARD M. BREWER LAW CORPORATION
. 1565 Exposition Blvd , Suite 110
12 Sacramento, California 95815
Telehone : (916) 648-1331
3
4
5
Attorney for Claimant
6
7
8
IN THE COUNTY OF CONTRA COSTA
9
FOR THE BOARD OF SUPERVIVIORSAND THE HOUSING AUTHORITY
10
11 )
CLAIM OF ROBERT PEREZ, Jr . , )
12 ) DECLARATION OF RICHARD
M. BREWER IN SUPPORT OF
13 ) APPLICATION FOR LEAVE
VS . ) TO FILE LATE CLAIM
14 )
COUNTY OF CONTRA COSTA AND )
15 HOUSING AUTHORITY )
16
17
I , RICHARD M. BREWER, declare :
18
1 . I am an attorney at law, duly admitted to practice be-
19
fore all courts of the State of California.
20
2 . I was retained Jaunary 11, 1988, by the Claimant' s natural
21
mother to pursure a recovery for personal injuries sus-
22
tained by claimant on Jaunary 17 , 1987 .
23
3. I am informed and believe that the Claimant 's natural
24
mother, ALEGRIA OROZCO was .unaware of the need to file
25
a claim on her son' s behalf within the precribed . 100-day
26
27 period.
4. I took prompt action to file this application upon
28
learning of the Claimant ' s injuries .and the circumstances
1 of the incident.
2 I declare under penalty of perjury under the laws of the
3 State of California, that the foregoing is true and cor-
4 rect, and that this declaration was executed on January
5 14, 1988 , at Sacramento, California.
6 -� 1
7
R CIiARD M. BREWER
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28 -2-
1 RICHARD M. BREWER LAW CORPORATION
156.5 Exposition Blvd , Suite 110
2 Sacramento, California 95815
Telephone: (916) 648-1331
3
4
5 Attorney for Claimant
6
7
8 IN THE COUNTY OF CONTRA COSTA
9 FOR THE BORAD OF SUPERVISORS AND THE HOUSING AUTHORITY
10
11 CLAIM OF ROBERT PEREZ, ) PROPOSED
Jr. , a minor )
12 ) NOTICE OF CLAIM
(Government Code Section 910,et seq)
13 vs . )
14 COUNTY OF CONTRA COSTA )
& HOUSING AUTHORITY )
15 ) DATE RECEIVED
16
17 ROBERT PEREZ, Jr. , hereby presents this claim to the County of
18 Contra Costa and the Housing Authority pursuant. to Government
19 Code, Section 910, et seq. .
20 1. The name and post office of ROBERT PEREZ., Jr . is as
21 follows : 192 Orchard Drive, Brentwood , California 94513 .
22 2 . The post office address to which claimant desires notice
23 of this claim to be sent is as follows : RICHARD M.
24 BREWER LAW CORPORATION, 1565 Exposition Blvd , Suite 110 ,
25 Sacramento, California 95815 .
26 3 . On January 17 , 1987 , and for sometime prior thereto
27 Claimant was resident at 1.92 Orchard Drive, Brentwood ,
28 California, in the County of Contra Costa , State of
1 California. Said residential structure and the grounds
2 appurtenent hereto were owned , . managed and controlled- by
3 the County of Contra Costa and the Housing Authority.
4 At said time and place Claimant' s residence and the
5 grounds appurtement 'hereto was known by these public
6 entities to be in need of "finish" work for underground
7 plumbing and electrical repairs that were in progress .
8 That through it' s agents .and employees , said entities
9 negligently cared for such repairs in that mounds and
10 piles of unbarricaded dirt were in place at and about
11 the walkways and ROBERT PEREZ, Jr . , tripped and fell as
12 a result walking along a walkway where such obstructions
13 existed without his being aware of their placement .
14 Claimant sustained injuries to his face and teeth , and
15 other bodily injuries .
16 4. Claimant was injured as described in the foregoing para-
17 graph as direct and proximate result of the negligence
18 and conduct of the County of Contra Costa and the Housing
19 Authority. Claimant suffered and will continue to suffer
20 pain and physical disability and emotional trauma , and
21 has incurred and will incur obligations and expenses , in-
22 eluding loss of future earnings and medical and hospital
23 expenses . So far it is known to at the date of filing,
24 Claimant has incurred economic damages in the amount of
25 approximately $10 ,000 .00 and non-economic. damages in
26 the amount of $50 ,000.00.
27
28
-2
1 DATED: I /`7` RICHARD M. BREWER LAW CORPORATION
3 By: L.
R char M Brewer
4 Attorney at Law
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28 -3-
i
APPLICATION TO FILE LATE CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA AND AS
WARD ACTION
GOVERNING BOARD OF THE CONTRA COSTA HOUSING. AUTHORITY February 23 , 1988
Application to File Late Claim ) NOTICE TO APPLICANT
Against the County, Routing ) The copy of this document mailed to you is your
Endorsements, and Board Action.) , notice of the action taken on your application by
(All Section References are to the Board of Supervisors (Paragraph III, below),
California Government Code.) ) given pursuant to Government Code Sects 911.8 and
915.4. Please note the ■WARNING" below. �rY COUnsel
Claimant: ROBERT PEREZ, JR. JAN 2 0 1988
c/o. Richard Attorney: Law Corporation Brewer Martinez, CA 94,553
1565 Exposition Blvd.
Address: Sacramento, CA 4.5815
Amount: $60, 000. 00 By delivery to Clerk on January 14, 1988 hand del .
Date Received:January 14, 1988 By mail, postmarked on no envelope
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above noted Application to Fi Late Claim.
DATED: January 19, 1988 PHIL BATCHELOR, Clerk, By Deputy
L. Hall
II. FROM: County Counsel TO: Clerk of the Board of Supervisors
0(1 The Board should grant this Application to File Late Claim (Section 911.6).
( ) The Board should deny this Application to File Late Claim (Section 911.6).
DATED: VICTOR WESTMAN, County Counsel, By Deputy
III. BOARD ORDER By unanimous vote of Supervisors present
(Check one only)
X) This Application is granted (Section 911.6).
( `) This Application to File Late Claim is denied (Section 911.6).
I certify that this is a true and correct copy of the Board's Order entered in its
minutes for this date.
DATE: FEB 2 3 1988 PHIL BATCHELOR, Clerk, By Deputy
WARNING (Gov. Code 3911.8)
If you wish to file a court action on this matter, you must first petition the
appropriate court for an order relieving you from the provisions of Government Code
Section 945.4 (claims presentation requirement). See Government Code Section 946.6. Such
petition must be filed with the court within six (6) months from the date your applioation
for leave to present a late claim was denied.
You may seek the advise of any attorney of your ohoioe in oamection with this
matter. If M want to consult an attorne you should do so Immediately.
V. FROM: Clark of the Board TO: 1 County Counsel 2 County A s or
Attached are copies of the above Application. We notifed the applicant of the
Board's action on this Application by mailing a copy of this document, and a memo thereof
has bdh filed and endorsed on the Board's copy of this Claim in accordance with Section
29703.
DATED: FEB 25, 1988 y PHIL BATCHELOR, Clerk, By Deputy
t
V. FROM: 1 County Counsel 2 County Administrator TO: Clerk of the Board
of Supervisors
Received copies of this Application and Board Order.
DATED: County Counsel, By
County Administrator, By
APPLICATION TO FILE LATE CLAIM
• i
1 RICHARD M. BREWER LAW CORPORATION
1565 Exposition Blvd , Suite 110
2 Sacramento , California 95315
Telephone : (916) 648-1331 �IP_
3 RECEIVED
4 JAPE 14 1988
5 Attorney for Claimant 1441L BATCHELOR
ERK BOARD Of SUPERVISORS
TRA COST CO.
6 113Y ON"
7
8 IN THE COUNTY OF CONTRA COSTA
9 FOR THE BOARD OF SUPERVISORS AND THE HOUSING AUTHORITY
10 )
11 CLAIM OF ROBERT PEREZ , Jr . , )
APPLICATION FOR LEAVE TO
12 ) PRESENT LATE CLAIM BY
ROBERT PEREZ , Jr . , A
13 vs . ) MINOR
(Section 911 .4 of the
14 COUNTY OF CONTRA COSTA AND ) Government Code)
HOUSING AUTHORITY )
15 )
DATED RECEIVED
16
i7 TO: The Board of Supervisors , County of Contra Costa and
18 Housing Authority:
19 1 • Application is hereby made , pursuant to government_ Code ,
20 Section 911.4 , for leave to present a late claim founded
21 on a cause of action for personal injuries which accured
22 on January 17 , 1987 , for which a claim was not presented
23 within the 100-day period provided by Section 911 .2 of
24 the Government Code .
25 2 . The reason that no claim was presented during the period
26 of time provided by Section 911 .2 of the Government Code
27 is that the Claimant was a minor during all of the 100-
28 day period specified for presentation of the claim.
r"
1 3 . The minor ' s failure to file the claim was through mistake
2 - and inadvertence , and the Board of Supervisors and
3 Housing Authority was not prejudiced by this failure all
4 as more is particularly shown by the attached declaration
5 of Richard M. Brewer , Attorney
6 at Law.
7 4 . This application is being presented within a reasonable
8 time after the accrual of this cause of action, as more
9 particularly shown by the attached declaration of Richard
10 M. Brewer , Attorney at Law.
11 WHEREFORE, it is respectfully requested that this appli-
12 cation be granted and that the attached proposed claim be
13 received and acted on in accordance with Sections 912 .4-
14 913 of the government Code .
15 /
16 DATED: / /�/ ;' �(� l RICHARD M. BREWER L W CORPORATION
17
18 By /L _
Richard M. Brewer
19 Attorney at Law
20
21 NOTE: The Address to which notices relating to this application
22 are to be sent is :
23 RICHARD M. BREWER LAW CORPORATION
1565 Exposition Blvd , Suite 110
24 Sacramento, California 95815
Telephone : (916) 648-1331
25
26
27
28 -2-
t
i
I RICHARD M. BREWER LAW CORPORATION
1565 Exposition Blvd , Suite 110
2 Sacramento, California 95815
Telephone : (916) 648-1331
3
4
5 Attorney for Claimant
6
7
8 IN THE COUNTY OF CONTRA COSTA
9 FOR THE BORAD OF SUPERVISORS AND THE HOUSING AUTHORITY
10
11 CLAIM OF ROBERT PEREZ , ) PROPOSED
Jr . , a minor )
12 ) NOTICE OF CLAIM
(Government Code Section 910 ,et seq)
13 vs . )
14 COUNTY OF CONTRA COSTA )
& HOUSING AUTHORITY )
15 ) DATE RECEIVED
16
17 ROBERT PEREZ , Jr . , hereby presents this claim to the County of
18 Contra Costa and the Housing Authority pursuant to Government
19 Code , Section 910 , et seq.
20 1 . The name and post office of ROBERT PEREZ. , Jr . is as
21 follows : 192 Orchard Drive, Brentwood , California 94513 .
22 2 . The post office address to which claimant desires notice
23 of this claim to be sent is as follows : RICHARD M.
24 BREWER LAW CORPORATION, 1565 Exposition Blvd , Suite 110,
25 Sacramento, California 95815 .
26 3 . On January 17 , 1987 , and for sometime prior thereto
27 Claimant was resident at 192 Orchard Drive , Brentwood ,
28 California , in the County of Contra Costa , State of
l
I California . Said residential structure and the grounds
2 - appurtenent hereto were owned , managed and controlled by
3 the County of Contra Costa and the Housing Authority.
4 At said time and place Claimant ' s residence and the
5 grounds appurtement hereto was known by these public
6 entities to be in need of "finish" work for underground
7 plumbing and electrical repairs that were in progress .
8 That through it ' s agents and employees , said entities
9 negligently cared for such repairs in that mounds and
10 piles of unbarricaded dirt were in place at and about
11 the walkways and ROBERT PEREZ , Jr. , tripped and fell as
12 a result walking along' a walkway where such obstructions
13 existed without his being aware of their placement .
14 Claimant sustained injuries to his face and teeth , and
15 other bodily injuries .
16 4 . Claimant was injured as described in the foregoing para-
17 graph as direct and proximate result of the negligence
18 and conduct of the County of Contra Costa and the Housing
19 Authority. Claimant suffered and will continue to suffer
20 pain and physical disability and emotional trauma , and
21 has incurred and will incur obligations and expenses , in-
22 cluding loss of future earnings and medical and hospital
23 expenses . So far it is known to at the date of filing,
24 Claimant has incurred economic damages in the amount of
25 approximately $10 ,000 .00 and non-economic damages in
26 the amount of $50 ,000 .00 .
27
28
-2-
r ,
f
1 DATED: ;'!/(D RICHARD M. BREWER LAW CORPORATION
2
3 ByAc-�ard
M. rewer
4 Attorney at Law
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28 -3-
1 RICHARD M. BRE14ER LAW CORPORATION
1565 Exposition Blvd , Suite 110
2 Sacramento, California 95815
Telehone : (916) 648-1331
3
4
5
Attorney for Claimant
6
7
8
IN THE COUNTY OF CONTRA COSTA
9
FOR THE BOARD OF SUPERVIVIORSAND THE HOUSING AUTHORITY
10
11 )
CLAIM OF ROBERT PEREZ, Jr . , )
12 ) DECLARATION OF RICHARD
M. BREWER IN SUPPORT OF
13 ) APPLICATION FOR LEAVE
VS . ) TO FILE LATE CLAIM
14 )
COUNTY OF CONTRA COSTA AND )
15 HOUSING AUTHORITY )
16
17
I , RICHARD M. BREWER, declare :
18
19
1. I am an attorney at law, duly admitted to practice be-
fore all courts of the State of California .
20
21 2 . I was retained Jaunary 11 , 1988 , by the Claimant ' s natural
22
mother to pursure a recovery for personal injuries sus-
23 tained by claimant on Jaunary 17 , 1987 .
3 . I am informed and believe that the Claimant ' s natural
24
mother , ALEGRIA OROZCO, was unaware of the need to file
25
26 a claim on her son ' s behalf within the precribed 100-day
27 period .
28 4 . I took prompt action to file this application upon
learning of the Claimant ' s injuries and the circumstances
1 of the incident .
2 I declare under penalty of perjury under the laws of the
3 State of California , that the foregoing is true and cor-
4 rect, and that this declaration was executed on January
5 14 , 1988 , at Sacramento , California .
6 ,!� r
7 v.
RI HARD . BREWER
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-2-