HomeMy WebLinkAboutMINUTES - 02112003 - C28 ' CLAIM 4.:!
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY
BOARD ACTION: FEBRUARY 11, 2003
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), given
Pursuant to Government Code Section 913 and
915.4. Please note all "Warnings''.
AMOUNT: Less than $25,000.
CLAIMANT: DENNIS O' BRIEN .iAN 0 8 2 03
COUNSEL
ATTORNEY: JAMES E. REED, Esq. A/A9 I'"�:` "� JANUARY 7 2003
LSA`' -RECEIVED:
ADDRESS: #3 ALTARINDA ROAD, SUITE 201 BY DELIVERY TO CLERK.ON: JANUARY 7 , 2003
ORINDA, CA 9 +563
BY MAIL POSTMARKED: _-- JANUARY 6, 2003
FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
C
Dated: JANUARY 07 , 200 3 JOHN SWEETS
By: Deputy
II. FROM: County Counsel TO: Clerk of the Board of Supervisors
"is 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. Thee
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).
{ ) Other:
Dated: � ..� �� �, B �'
Y: De uty Count 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).
IV. BOARD ORDER: By unanimous vote of the Supervisors present:
(X) This Claim is rejected in full.
( } Otger:
I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date.
Dated:FEBRUARY 11, 2003 JOHN SWEETEN, CLERK, By DeputyClerk
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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
�i the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an
t omey 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,
AFFIDAVIT OF MAILING
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 clapant as shown above.
Dated: FEBRUARY 12, 2003
JOHN SWEETEN, CLERK By Deputy Clerk
NICHOLS,CATTERToN,Dow mNG&REED,INC.
A PROFESSIONAL LEGAL CORPORATION
WELDON C. NICHOLS,,% 9,9a,) 201 D/A FINANCIAL BUILDING
GUY B.CATTERTON(laial9es) THREE ALTARINDA ROAD SHASTA COUNTY OFFICE
MERTON R. DOWNINGnoaaiaeu ORINDA, CALIFORNIA 945 - P_O.BOX 867
JAMES E.REED RECEIVED
ECD D LL IVER
MAIN STREET
RICHARD K.VERES .3
(925) 254-7$9ER MILLS,CALIFORNIA 98029
(630)336-6060
CAROL VERES REED �(�('y
PROBATE 6 ESTATE PLANNING `AN 0. 7 �UJ��,JJ BERKELEY OFFICE
JAN (610)946.3893
SPECIALIST CERTIFIED BY ttSS
THE STATE BAR BOARD OF gyy ho C P r' fi� OAKLAND OFFICE
SPECIALIZATION {�jLERKpapy ARDOF Ar� 71 PIEDMONT AVENUE
1/WtN4 AC �n CO. OAKLAND,CALIFORNIA 94611
ORINDA TELEFAX(923) 254-3269 (610)964-1828
EMAIL: NCDRQPACBELL.NET
TO: CONTRA COSTA FIRE PROTECTION DISTRICT
c/o CONTRA COSTA BOARD OF SUPERVISORS
651 Pine St .
Martinez, CA 94553
CLAIM
(Government Code § 900 et . seq. )
1 . NAME OF CLAIMANT: DENNIS O'BR.IEN
2 . ADDRESS : 3930 A Northwood Dr. , Concord, CA 94520
3 . PHONE NUMBER: (925) 254-7893 (Attorney' s Office)
4 . MAILING ADDRESS : , c/o JAMES E. REED, Esq. , 3 Altarinda Road,
Suite 201, Orinda, CA 94563 .
5 . DATE OF INJURY: August 7, 2002
6 . PLACE OF INJURY: Treat Blvd. & Highway 680 off-ramp, Pleasant
Hill, California.
7 . GENERAL DESCRIPTION OF INJURY, DAMAGE OR LOSS AND DESCRIBE
CIRCUMSTANCES WHICH GAVE RISE TO THE CLAIM: The Claimant was
driving through an intersection, with the green light, when a fire
truck, which was running a red light to respond to a fire, collided
with the vehicle . A streetlight override mechanism which is used by
the Fire Department failed to function and change the street
lights . The Driver of the fire truck knew that the override
mechanism was not functioning before the collision. The Claimant' s
vehicle was totaled and the Claimant was injured.
8 . WHY IS THE CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT
RESPONSIBLE FOR THE ALLEGED INJURY, DAMAGE OR LOSS: The Fire
engine was driven through a red light into the Claimant' s vehicle
which was crossing with the green light . Also, a mechanism which
was used by the Fire Department to change traffic lights
malfunctioned, leading to the collision. Also, the driver of the
fire truck knew that the override mechanism was not working prior
to the collision.
9 . NAME (S) OF EMPLOYEE (S) CAUSING ALLEGED INJURY, DAMAGE OR LOSS,
IF KNOWN: TERRY NEWBERRY
10 . WITNESSES : TERRY NEWBERRY, DENNIS O'BRIEN
11 . AMOUNT OF CLAIM: Amount to be proven at trial, but in no event,
less than $25, 000 . 00 .
DATED: January 6, 2003
P
$AKZ
S E. REED
orney for Claimant
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