HomeMy WebLinkAboutMINUTES - 12081998 - C20 APPLICATION TO FILE LATE CLAIM
Bpm gaPE SOF CONTRA COSTA COUNTY, CALrF0RNIA DW ER 8, 199$
- BOARD ACTION
Application to File Late Claim ) NOTICE TO APPLICANT
Against the County, Routing ) The copy of this ocument mai ed 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 Goverment Code.) ) given pursuant to Goverment Code Sections 911.8 and
the wWAWING" below.
za Q�
Claimants Raymond H. Robinson
€ f
Attorneys
COUNTY oourtsEr.
MART MEZ GAUF.
Address: P. 0. Box 5031
Richmond, CA 94805.0031 November 6, 1998
Amounts Minimum Superior Court BY delivery to Clerk on
jurisdiction Han&Delivered
Date Received: November 6, 199$ ' mail, postmarked ort
I PROMs Clerko the Board of Supervisors TOs County Couns3el
Attached is a copy of the above noted Application to File Late Claim.
DATED: November 6, 1998 PQM BATCHELOR, Clerk, By Deputy
I. FRt j County Counsel TO: Clerk or the Board of Supervisors
{ )% The 'Board should grant this Application to File Late Claim (Section 911.6).
{Y) The Board should deny this Application to File Late Claim (Section 911.6).
r
DATED: VICTOR "WESTMAN, County Counsel, By � s --Deputy
II. MW WER By unanimous vote of Supervisors present
(Cheek one only)
{ ) 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:Lpa�YLPIjf ILI PHIL BATCHELOR, Clerk, By Deputy
WAR°NM (Gov. Code 1911.8)
If you wish to file a court action an 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 Goverment Code Section 946.6. Such
petition must be filed with the dirt 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 connection with this
matter. If M want to consult an attorne you should do so imrmediatel
FROM: Clerico : County
e y s ra or
Attached are copies of the above Application. We notified the applicant of the
Board's action on this Application by mailing a dopy of this document, and a memo thereof
has ben tiled and endorsed on the Board's copy of this Claim in accordance with Section
29703. 1 qe
DATED, s' ---PHIL BATCHELOR, Clerk, By T Deputy
V. FRE1Ms 1 ty Cougel 2 County Administrator TO: Clerk Or the Boar
of Supervisors
Received copies of this Application and Board Order.
DATED: County Counsel, By
County Administrator, By
APPLICATION TO FILE LATE CLAIM
__
R EIVED
Nov 6 1998
V4,701 A.
APPLICATION FOR LEAVE CLE ax so CONTRAor su�r�vcsoRCOSTA CC},
TO PRESENT CLAIM
(Government Code Section 911.3)
Pursuant to Government Code Section 911.3, Raymond Howard Robinson (hereinafter
"Claimant") hereby makes application to the Contra Costa County Board of Supervisors
for Leave to Present Claim for damages for violation of claimant's civil rights by employees
of the Contra Costa County Sheriff's Office.
Claimant states the reason for delay in filing this claim is due to claimant's good faith belief
that the acts alleged in the proposed claim was an attempt by the Contra Costa County
Sheriffs Office to cover-up prior tortuous acts, and to intimidate and discourage claimant
from pursuing damages against it for acts alleged in a timely filed claim(filed February 26,
1996; rejected March 12, 1996) and that said acts vi/ere in furtherance of the acts alleged
in the original claim.
Claimant contends his failure to file the proposed claim was through mistake,
inadvertence,surprise and/or excusable neglect and that the County of Contra Costa was
not prejudiced in its defense of the claim by the failure to present the claim within the time
specified in, Section 911.2.. Further, claimant reported said acts to the Internal Affairs
Division of the Contra Costa County Sheriff's Office which evaluated the claims and
conducted its own internal investigation of the matters alleged therein.
Dated:
RAYMCtO H. ROBINSON, Claimant
County of Contra Costa
Clerk of the Board of Supervisors
651 Pine Street
Redwood City, California 94553
CLAIM AGAINST COUNTY OF CONTRA COSTA, et all.
CLAIMANT'S NAME: RAYMOND H. ROBINSON
PERSON(S)AGAINST
WHOM CLAIM IS MADE: Contra Costa County, Sheriff's Department,
Sheriff Warren E. Rupf; Deputy Sheriff Lt. Larry
Crompton, Sgt. Terry Wagner, Larry Thakara, and
Deborah Knodell
CLAIMANT'S ADDRESS: P.O. Box 5031
Richmond, California 94805-0031
ADDRESSTO WHICH
NOTICES TO BE SENT: P.O. Box 5031 Richmond, Ca. 94805-0031
DATE(S)OF OCCURRENCE: April 11-18, 1996; April 19, 1996; May 16, 1996
PLACE OF OCCURRENCE: Martinez Detention Facility;Custody Alternative Bureau
CLAIM ARISES FROM THE FOLLOWING CIRCUMSTANCES:
On or about April 11, 1996, Deputy Sheriff Deborah Knodell caused a no-bail warrant to
be issued against claimant alleging that claimant did not appear at Custody Alternative
Bureau as ordered by Superior Court.fudge Sepulveda. Claimant was held in San Mateo
County Jail between April 11, 1996 and April 18, 1996 pending transportation on the no-
bail warrant. Claimant did in fact meet with Knodell on April 11, 1996, the same day
Knodellcausedthe warrant to issue.
On April 19, 1996, Judge Sepulveda released claimant from custody of the Contra Costa
County Sheriff on claimant's own recognizance. KnodelI contacted the court and claimed
claimant had an outstanding warrant from Santa Clara County and requested claimant be
held. Sepulveda ordered claimant to be released. Claimant was not rebased as ordered.
r
On May 16, 1998, claimant accompanied a process server to the Custody Alternative
Bureau to serve Knodell with a subpoena. Knodell,Thakara, and Wagner, at the direction
of Crompton, unlawfully detained claimant alleging that claimant was an escapee.
CLAIMANT'S DAMAGES:
Claimant's damages are the direct and proximate result of the malicious conduct of the
Sheriffs Deputies and include general and special damages. Claimant is entitled to
punitive or exemplary damages together with attorney fees for civil rights violations.
AMOUNT OF CLAIM: Minimum Superior Court jurisdiction.
CLAIMANT'S COMPLAINT MAY INCLUDE THE FOLLOWING CAUSES OF ACTIN:
Violation of California Civil Code Sections 43, and 51.7, Title 42 U.S.C. 1981 and
1983, the 41h, 5" e, and 1 e Amendments to the United States Constitution, negligence,
negligent and intentional infliction of emotional distress, assault and false imprisonment.
Dated:
RAYMO H. ROBINSON, Claimant
CLA-IM
.AM December, 8, ,1998'
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 you is your
California Government Codes. } notice of the action taken on your claim by the
' Board of Supervisors. (Paragraph IV below), liven
pursuant to Govenwreat Code Section 913 and
C Aggg 915.4. Please note all "Warnings".
AMOUNT: $50.72 WA
CLAIMANT: Greg Nelson Valentino
ATTORNEY: DATE RECEIVED: November 10, 1998
ADDRESS: 1460 Contra Costa Blvd. , #204 BY DELIVERY TO CLERK ON: November 10, 1998
Pleasant Hill, CA 94523 November 9 1998
BY MAIL POSTMARKED. November
L FRO1t3: Clerk of the Board of Supervisors TO- County Counsel
Attached is a copy of the above-noted claim.
November 12 1998 PHIL BA HELCtR, C
Dated: By: Deputy NL
H. FROM; County Counsel Tf} Clerk of the Board of Supery ors
{ } This claim complies substantially with Sections 910 and 91£1.2.
{ . 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 910.5).
{ } 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).
( ) Other:
Dated; f � By: � tZ C, ,,'Deputy County Counsel
IM FROM— Clerk of the Board M. County Counsel (1) County Administrator (2)
( ) Claim was returned as untimely with notice to claimant (Section 911.3).
N. BOARD ORDER By unanimous vote of the Supervisors present:
{14 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: CZ,�T_ PHIL BATCHELOR, Clerk, By { Y. �r , Deputy Clerk
WARNING (Gov. code section 13)
Subject to certain exceptions, you have only six (6) months from the date this notice was personally 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 an attorney, you should do so
immediately. *For Additional 'Warning See Reverse Side of This Notice.
AF`FIDAVTT OF N14UX4G
I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United
States, over age 18; and that today I 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;. z 1 !! By``: PHIL BATCHELOR By Deputy Clerk
CC: County Counsel County Administrator
VICTOR J.WESTMAN DEPUTIES
CCN- RA COSTA COUNTY PHILIP S.ALTHO
FFNT COUNSEL
JANICE L.AMENTA
OFFICE_OFTHE COUNTY COUNSEL SHARON L.ANDERSON
ANDREA W.CASSIDY
ARTHUR W.WALENTA,JR. COUNTY ADMINISTRATION BUILDING VICKIE L.DAWES
9th FLOUR ME S.ESTIS
ASSISTANT COUNTY COUNSEL 651 PINE STREET', MICHAEL O.FARR
MARTINEZ,CALIFORNIA 94553-1229 LILLIAN T.FUJI1
5#LVANO B.MARCHESI DENNIS 0.GRAVES
G
ASSISTANT COUNTY COUNSEL NET HARVEY
L.HOLMES
KEVIN T KERR
GAYLE MUGGLI BERNARD L.KNAPP
OFFICE MANAGER EDWARD V.LANE,JR.
MARY ANN MASON
PAUL R.MUNIZ
PHONE(925)335-1800 PHILIP J.NORGAARD
VALERIE J.RANCHE
FAX(925)64$-1078
DAVID F SCHMiDT
DIANA J.SILVER
BARBARA N.SUTLIFFE
JACQUELINE Y.WOODS
NOTICE OF INSUFFICIENCY
AND/0
N-ONnn CCEPI..ANCE OF CLAIM
TO: Greg Nelson'Valentino
RE: CLAIM OF: Greg Nelson Valentino
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, Qr is otherwise insufficient for the reasons checked below:
[ D.. 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 names)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. If the
amount claimed exceeds ten thousand dollars ($10,000),the claim fails to state whether
jurisdiction over the claim would rest in municipal or superior court.
[ ] 6. The claim is not signed by the claimant or by some person on his behalf.
[ j 7. Other: The claim fails to describe any duty or obligation of the public entity and any action
giving rise to the claim.
Page 1
VICTOR J. WESTMAN, County Counsel
By:
Deputy County Counsel
CERT FICCI ATE OF E_,RVICBY MAIL
(C.C.P.§§ 1012, 1013a,2015.5;Evidence Code§§641,664)
1 declare that my business address is the County Counsel's Office of Contra Costa County,651 Pine Street,Martinez,California
94553;1 am a citizen of the United States,over 18 years of age,employed in Contra Costa County,and not a party to this action. I
served a true copy of this Notice of Insufficiency and/or Non-acceptance of Claim by placing it in an envelope addressed as shown
above,sealed and postage fully prepaid thereon,and thereafter was,deposited this day in the U.S.Mail at Martinez,California.
I certify under penalty of perjury that the foregoing is true and correct.
Dated: November 13, 1998,at Martinez,California.
cc: Clerk of the Board of Supervisors(original)
Risk Management
(NOTICE OF INSUFFICIENCY OF CLAIM:GOVT.CODE§§910,910.2,92{1.4,910.&}
Page 2
Claim to: BOX= OF 81?PZRVISORS OF CONTRA 008TA COUNTY
claims relating to causes of action for death or for injury to parson
R or to personal property or growing crops and which accrue on or before
December 31, 1987, must be presented not later than the .100th day
after the accrual of the cause of action. Claims relating to causes
of action fordeathor for injury to person or to personal property
or growing crops and which accrue on or after January 1, 1988, must
be presented not nater than six months after the accrual of the cause
of action. Claims relating to any other cause of action must be
presented �X'of later than on* year *fter the accrual of the Cause of
action. -(Gov't Code $11.2.)
B. Claims must be filed with the Clerk of the Board of Supervisors at its
office in Room 106, County Administration Building, 1551 Pine Street,
Kartinsr, CA 94553.
C. If claim is against a district governed by the Hoard of Supervisors,
rather than the County, the nano 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. FXaUd, See penalty for fraudulent claims, Penal Coda Sec. 72 at the
end of this forma
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RE: Claim By Resarved for Clerk's filing stamp
Against, t3ae County of Contra Costa) NOV 1
or
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District) ; '
(Fill in name)
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The undersigned claimant hereby makes claim against the .0 unto of
Contra Costa or the above-named District in the sum of $ `
and in support of this claim represanta ars follows:
I. When did the damage or injury occur? (Sive exact data and hour)
2. Where, did the damage or injury 00cur? (Include city and county) e
C o\ S
fNe], & 0 uf� V
3. Nov did the damage or injury occur? (Sure full details use extra � (
paper if required)
„ tY
i. What partichlar actlor omi sion on the part of Oounty or dist
officers, servants or employees caused the injury or damage
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r What are the names of county or district officers, servants or
employees causing the damage or injury?
6. What damage or injuries do you claim resulted? (Give full extent
of injuries or damages claimed. Attach two estimates for auto
damage. )
loss 0� M�41 Tle-pl-f�c _cvd5 L2��
7. Now was the amount qlaimed a computed? (Include the estimated
amount of any prospective injury or damage. )
A(A �m k* uLllo �
a, Names and addresses of witnesses . doctors and hospitals.
9. List the expenditures you made on account of this accident or
injury.
AMOUNT
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Gov. Code Sec. 910.2 provides
} "The claim must be signed by the
claimant or by some person on his
f=-14QJTQ: ....( torney)
Naze and Address of Attorney
r.
(Claim t*s Signature)
'
(Address)
Telephone No. Telephone No.225-6', z7
Section 72 of the Penal Code provides:
Lvory 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 beard or officer, authorised to allow or pay the same if
genuine, any false or fraudulent claim, bill, account, voucher, or
writing, is punishable either by imprisonment in this county jail for
a period of spot more, than one year, byy a fine of not exceeding one
thousand ES1,00a) , or by both such imprisonment and fine, or by
imprisonment in the state prison, by a fire* of not exceeding tan
thousand dollars ($10,000, or by both such imprisonment and fine.
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