HomeMy WebLinkAboutMINUTES - 10262004 - C12 CLAIM /f
BOARD OF SUPERVISORSOF CONTRA COSTA COUNTYlZoe
BOARD ACTION:OCT. 26,, 2004
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), give
Pursuant to Government Code Section 913 and
915.4. Please note all""Warnings".
AMOUNT: $5,000.00
S.B.C.
CLAIMANT: MARYANN CANDINI
SBC RISK MANAGEMENT
ATTORNEY: UNKNOWN DATE DECEIVED: SEPT. 24, 2004
ADDRESS: P.O. BOX 3929 BY DELIVERY TO CLERK ON:SEPT. 24, 2004
MODESTO, CA 95351.
BY MAIL POSTMARKED: SEPT. 22, 2004
FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim,
JOHN SWEET
Dated:
SEPTEMBER 24, 2004 By: Deputy.
H. MOM: County Counsel TO: Clerk of the Board of SuperAisors
(
)"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).
( ) Other:
� 4
Dated: - v' -4 <_ By: i.4 ` t .q . % Deputy County Cour
Ill. FROM: Clerk of the Board TO: County Counsel (1) County Administrator(2)
( ) Claim was returned as untimely with notice to claimant(Section 9113).
IVARD ORDER: By unanimous vote of the Supervisors present:
(V This Claim is rejected in full,
( ) Other:
3
I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date.
Dated: JOHN SWEETEN,CLERK,By ,.Deputy Cleric
WARNING(Gov. code s tion 913)
Subject to certain exceptions,you have only six(6)months from,the date this notice was personally served or deposi
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, '
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 fu
prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above.
Dated: 's-' JOHN SWEETEN, CLERK.By Deputy Cly
09/21/M34 09.21 CONTRA COSTA COUNTY CLERK OF THE -r 912095751893 NO.942 1?01
BOARD OF SUPERVISORS OF CONT.R k COSTA COUNTY
1'N 'CT S 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 fates, 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 ooe your after the accrual of the caust of action.
(Gov.Cade § 011.2.)
B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room
106,County A.dm nistration i3uilding,651, Pint 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 fr,oudulent claims, Penal Code Sec, 72 at the end of this foarttr.
•i l►i l i i i i i•i i i i♦i i i i i YF I►Y i i i s�i/i i/i r/l i n t 1' .1�i i i i i i►►i I i i{►►i i►i i i i i i i i i i/i
RE: Claim By: Reserved for Clerk's Filing stamp
CL
Against the County of Contra Costa or )
District)
(Fill in the name) }
The undersigned claimant hereby makes claim against the County of Contra Costa or the
above-named dlstrict In the sura of S 50n a and in support of this claian represents
asfollows: lisrn Qwl - ;nom �rllirr. t rtcr rti
I. When did the damage or injury occur" (Give exact clave and hour)
2. Where did the damag1/eor injury occur'? (include �Jty and county)
3. How did the damage or Injury occur? (Give full d.etalls; use extra paper if required)
�f,-L PJJ 1 6 Y, sk- a-ul J Lyl'e-5 Lj�u (jV PUJ I-e-d
4. What prartirulir act or omission an the pir•t of county or district officers, servants, or
employees cussed the injury or damage?
AIJ Abf P(q�Lwl -+re-,e-, LL.,id
0§12112004 09.21 CONTRA COSTA COUNTY CLERK OF THE 4 91209575IB9 NCI.342 1902
5 What are the names of county or district officers,servants, or e.mployces causing the
damage or injury?
G. What damage or injuries do your claim resulted? (Give fall extent of injuries or
damages claimed. Attach two+estimates'for auto damage.)
7. Howwas#At amount claimed above computed? Include t�estfrnate�d amount of any
� { y
prospective injury or damage.)
MITI � 115 116- Llmpizh - L�f'a ifuju-de IA-bot- L-am& �ul
$I Names alai addresses of witnesses, doctors, and hospitals.
� . A
9. List the expenditures you made on account ofthit.accident or injury,
ATE TIME &t1 ,tl�+3T
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) Gov, Coale Sec. 510.2 provides"The claim shall be
)signed by the claimant or by some person on his
E I)N TQ.- A torne
Na.tne and address of Attorney t m 6u— �.
(Claimant's Signature)
(Address)
Telephone No, )Telephone No.
irY�Nlrwrrwarsrrw�MM►Mwrrsrr� ♦aMrrrrr•ii�iYrsltiliit!��sw rl lei. it aiwi Yrwwi�rfsrws
NOME
Stction 72 of the Penal Coale provides;
Every perltan vt:ho, with intent to defraud, presents for allowance or for payment to any state
board or officer, or to nny county, city, or district bo-.ird or officer, authorized to allow or pay the
same if genuine, any false or fraudulent clulm, bill, account voucher, or Writing, is punishable either
by imprisonment
'a
Maryann Candini SBC California
.s Manager 1548 N.Carpenter Rd.
Risk Management Modesto, CA 95351
209.578.7175 Phone
209.575.1893 Fax
September 21, 2004
Case : PACB-CN-200405-OJ--47
CONTRA COSTA COUNTY
CLERK OF THE BOARD
651 PINE ST. , ROOM 106 ADMIN BUILDING
MARTINEZ, CALIF. , 94553
Ladies/Gentlemen:
We are sending you the attached claim notice pursuant to Section
91.0 of the Government Code .
Sincerely,
V
MARYANN CANDINI
MANAGER
SBC RISK MANAGEMENT
Attachment
AMENDED - CLAIM /r
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY • f
BOARD ACTION: Off. 26, 2004
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), give
Pursuant to Government Code Section 913 and
915.4. Please note all"Warnings".
AMOUNT: $8,232.39
CLAIMANT: CCS A/S/O AMERICAN STATES
A/S/O ,JOHEN RUSCA
ATTORNEY: DATE RECEIVER: SEPT. 24, 2004
ADDRESS: P.O. BOX 7249 BY DELIVERY TO CLERK.ON: SEPT. 24, 2004
PORTSMOUTH, NH 03802-7249
BY MAIL POSTMARKED: SEPT. 20, 2004
FROM: Clerk of the Berard of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim..
JOHN SWEE
Dated: SEFT. 24, 2004 By: Deputy
II. Fid OM: County Counsel. TO: Clerk of the Board of Supeelvisors
( ) 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).
(406iim 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).
r Other. ,. L
J
Dated: i-I A q By: "" wy County Coun
III. FROM: Clerk of the Board TO: County Couns6f(1) County AdmfilIstrator(2)
( ) Claim was returned as untimely with notice to claimant(Section 911.3).
IV./BOARD 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: OHN SWEETEN, CLERK.,By , Deputy Clerk
WARNING(Gov. code recti 913)
Subject to certain exceptions, you have only six(6)months from the date this notice was personally served or deposi
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.
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 ful
prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above.
Dated:0410 AW d JOHN SWEETEN, CLERK By Deputy Cle
J'UL-•07-?JW 10:30 CCC R T SK MANAGMENT
925 335 14 1 P.
Clain to: BOARD OF S UPERV SM OF CWM =TA CX}IDM
I SMC" TORS TO C.AM4W
A. Claims relating tO causes of action for death or for injury to person Or to per-
sonal property or gm-ming amps and xhich accrue on or before December 311 19871
must be presented not later than the 100th day after the accrual of the cause of
actions. Claims relating to causes of actions for death or Tor injury to person
or to personal property or growing crops and which accrue on or after January 1,
1988, must be presented not later than six months after the accrual of the cause
of action. Claims relating to any other cause of action must be presented not
later than one year after the accrual of the rause of actio. (Go t. Cate §911.2.)
B. Claims sat 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 pity ,for fraudulent claims, Penal. Code Seo. 72 at the end of this
tom .
� ee � �a +� � � a � aaar � � eer �t •a �t �t � �te �t +� ae ,� ae � � t� at +e � * �tr � � e
RE: Claim By Y Reserved for Clerkfs filing stamp
n tea, }.
t the Camty of ContMcbsta . � sip 4 2004
K BOAR Cly SUPERVISOR
S
(Fin in named
District) �,_ � �'U6TaCo
The undersigrAd claimant herebymakes alai Cent of Contra Costa or
the above-na=d District in tht e sun of� � and in support of
this claim represents-as fo3lo�ms
i. ,. • \ II
1. When did the damaged_or injury ocottr°7 (dive exact date and hour)
2. Where; did the damage or injury oo*ur? (Include city and county)
3, how did the damage or injury occur? (Give full d tallai ee pa if
4. What particuKr act Or omissior�r the part of axmty or district officers,
3ermt3 or.emplOyfts caused.the.injury or. ?
JLC.-07-2, 10:31 CCC RISK MAW&ENT 925 335 1421 P.03
rtt c are the rzms of county or .district officers, servants or emplcayees causing
the doge or injury's
6. What damite or irz�uries do you cai.aim re=lied? (Give full extect.'of inJ=ies or,
damam ola#e& Attach two est igates fw auto Vie.
7. Hose was the amtaurtt< 0121imed awe compUt:ed?. (Include the estimated amount; of any
prospective injury or e.)
..�...+r+..s+r...rww.riwr- a.. e i �r.rr •w_. w _ a.ra.•. rwwr...+•.w
!dames and addresses of witnesws, doctors and hospitals.
9. List; the expenditures you made on acc+=t of this accident or inJUry•
DATE ITER AMS
GoV. Code 'Sec. '910;2 Orwides. . .
"The claim must be signed by the claimant
SM NMCES TO: (Attorney) 'or by some,persw
Name and Address of Attorney
en
Telephone Na. ?`elcp#xme No. 77 ` �
H0TICE
Sectio 72 of the Peiaal Code providest
"Every person iatric, with intent to defraud, pmts for al?ogee 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, accounts voucher, or writing, in pmisbable either by imprison: in
the runty jail.-for a period of not more than one,year, by a fine of not exceeding
one thousand ($1,000). or by-both such is arisormwnt and finei-or by imprisonment in
the state prison, by a tine of not: exceeding text thousand.dollars ($10,000o or by.
bath such imprisonment and rine.
i
TOTAL P.03
7PC $07
TGC BUT
n � CLAIMM .^i��
B Q CJ iRVI O .-F C NT C ST G`OUN
RO&RD AM0riP--UST 17, 2404
Claim Against the County,or District Governed by )
the Board of Supervisors,Routing Endorsements, ) NOTICE TO CLAIMANT
and Beard Action. All Section references are to ) The copy of this document mailed to you is your
California Government Cosies. _ notice of the-action taken on your claim by the
+ z Board of Supervisors. (Paragraph IV below), given
Pursuant to Government Code Section 913 and
,AUL 2 9 2004 915.4. Please note all"Warnings".
1WarningsIs.
AMOUNT: $$,232.39 COUNTY COUNSEL
MARTINEZ CALIF
CLAIMANT: C.C.S. COMPANIES A/S/O AMERICAN STATES
A/S/O JOHN RUSCA
ATTORNEY: UNKNOWN DATE RECEIVED: JULY 29, 2044
ADDRESS: P.O. BOX 7249 BY DELIVERY TO CLERK.ON:JULY 29, 2404
PORTSMOUTH$ NH 03802-7249
BY MAIL.POSTMARKED: JULY 26, 2004
FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
HN SWEE
IO
Dated: JULY 29, 2004 BX: De
II. t3M: County Counsel. TO: Clerk of the Board of Supervisors
0' }<claim complies substantially with Sections 910 and 910.2.
( his Claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The
Board cannot act for IS 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: By: D uty County Couns
III. FROM: Clerk of the Board TO: County Counsel(1) County Administrator(2)
( ) Claim was returned as untimely with notice to claimant(Section 311.3).
IV. BOARD ORDER: By unanimous vote of the Supervisors present:
{r 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.
r�,t«. • ( .�s,�s? +f _ « 3►aCromw ,swFFTFN. CLERK. By -� ,Deputy Clerk
i
OFFICE OF THE COUNTY COUNSEL SILVANO B.MARCHES!
COUNTY OF CON"A COSTA1� "' x ```• e�, COUNTY COUNSEL
Administration Building
651 Pict®Street,9m Floor *j `, SHARON L.ANoERSON
Martinez, California 94553-1229 CisFAssisrarrr
} GREGORY C.HARVEY
(925) 335-1800 , l it _ ; VALERIE J. RANCHE
(925) 846-1078 (fax) ,.. m ASSISTANTS
-
' j ry� 7rte^
1'�t 3 UESCLENC j
. A .L l
NQN-A CEPIANCE CSF CLAIIvi
TO: The CCS Companies
P.O.Box 7249
Portsmouth,NH 03802-7249
RE: CLAIM OF: John Rusca, CCS Client's Insured
CCS Client: American States Insurance Company
CCS Number: 1559424-3-SAUCAI
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:
[ ] l. The claire 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.
[ ] 3. The claim fails to state the date,place or other circumstances of the occurrence or transaction
which gave rise to the claire asserted.
[ 4. The claim fails to state the name(s)of the public employee(s)causing the injury, damage,or
loss, if known.
15. The claim fails to state whether the amount claimed exceeds ten thousand dollars ($10,000).
If the claim totals less than tent 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 chimed.
[XI 6. The claim is not signed by the claimant or by some person on his or her behalf.
Page I
The CCS Companies
Re: Claim of John Rusca
CCS Number: 1559424-3-SAUCAI
Page Two
117. 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, § 914.4.
Please be aware that you have only a limited period of time in which to file an amended claim.
See Gov. Code, § 914.6.
[
18. Other:
S'ILVANO B. MARCHESI
COUNTY COUNSEL
By: �79 ;,6
Monika L. Cooper
Deputy County Counsel
CERTIFICATE QF SERVICE BY MAIL
(Code Civ.Proc., §§ 1012, 1413a,21115.5;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 3,.2044,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 trait at Martinez,
Califoniia addressed 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 3,_2004, at,Martinez,California.
Kath een O'Connell
cc: Clerk of the Board of Supervisors(original)
Risk Management
INE
s.
C0MPANIESO
47-11 71d 2
7
July 15, 2004 5301
aeelll)"
CLERK BOARD
BA
PENNY BAILEY
CONTRA COSTA. COUNTY
651 PINE ST. Certified Mail
MARTINEZ, CA 94553 Return Receipt Requested
RE: NOTICE OF SUBROGATION l_octi. x" -; D5 i`l -101'a
DAMAGES $8232.39
DATE OF LOSS . . . . . . . . . . . . . . . . . . . . . . 03/19/04
CCS NUMBER . . . . . . . . . . . . . . . . . . . . . . . . 1559424-3--SAUCAl
CCS CLIENT . . . . . . . . . . . . . . . . . . . . . . . AMERICAN STATES INSURANCE COMPANY
CCS CLIENT'S INSURED . . . . . . . . . . . . . . JOHN RUSCA
YOUR CLAIM NUMBER . . . . . . . . . . . . . . . . . 55607
YOUR INSURED . . . . . . . . . . . . . . . . . . . . . . CONTRA COSTA COUNTY,
YOUR CLAIM REPRESENTATIVE . . . . . . . . . PENNY BAILEY
CLAIMANT CARRIER TELEPHONE . . . . . . . . 925--335-1455
CLAIMANT CARRIER FACSIMILE 925-335-1424
PLEASE BE ADVISED THAT CCS REPRESENTS THE ABOVE REFERENCED CARRIER IN
CONNEC'T'ION WITH THIS SUBROGATION ACTION, THEIR INVESTIGATION INDICATES THAT
LIABILITY RESTS WITH YOUR INSURED.
PLEASE MAKE YOUR CHECK PAYABLE TO CREDIT COLLECTION SERVICES FOR THE DAMAGES
STATED ABOVE - OR - KINDLY ADVISE THIS OFFICE IMMEDIATELY OF YOUR POSITION
WITH REGARD TO THIS CLAIM, ALL NECESSARY SUPPORTING DOCUMENTATION IS ATTACHED.
THANK YOU IN ADVANCE FOR YOUR ANTICIPATED COOPERATION.
****VERY IMPORTANT: PLEASE ENCLOSE THIS LETTER TOGETHER WITH PAYMENT****
PAYMENT MUST BE DIRECTED TO THIS OFFICE IN ORDER TO UPDATE OUR
CLIENT'S SYSTEM(S) ELECTRONICALLY. PLEASE REMIT PAYMENT TO:
CREDIT COLLECTION SERVICES
SUBROGATION FINANCE DEPARTMENT
P.O. BOX 451
NEEDHAM HEIGHTS, MA 02494
PLEASE DIRECT ALL OTHER CORRESPONDENCE TO THE ADDRESS BELOW. SHOULD YOU
REQUIRE FURTHER ASSISTANCE, CONTACT CLAIM REPRESENTATIVE, LANI FLANIGAN AT
EXTENSION 4810
// ......•rte
t j
P.O. Bax 7249, Portsmouth NH 03802-7249
Telephone: (877) 273-0305 Facsimile: (617) 762-3361