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HomeMy WebLinkAboutMINUTES - 02152005 - C13 • CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY BOARD ACTION: FEBRUARY 15/05 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 g - Pursuant to Government Code Section 913 and E r f 915.4. Please note all"Warnings". AMOUNT. $59000-00 JAN 13 2 COUNT' CCLJNII-,)`,�: CLAIMANT: JOHN JOSEPH STOUT MART!a-J Z C L W=. ATTORNEY: UNKNOWN DATE RECEIVED: JANUARY 13, 2005 ADDRESS: 917 PARKS IDE DRIVE BY DELIVERY TO CLERK ON: JANUARY 13 2005 EL SOBRANTE, CA 94803 BY MAIL POSTMARKED: HAND DELIVERED FROM: Clerk of the Board of Supervisors' TO: County Counsel Attached is a copy of the above-noted claim. JOHN SWEET N- e k JANUARY 13, 2005 B : Deputy Dated. y p y II. MOM: County Counsel:. = TO: Clerk of the Board of Supe isors (Oeorh'is claim complies substantially with Sections 910 and 910.2. This Claim FAILS to comply substantial) with Sections 910 and 910.2, and we are so notifying claimant. The ( ) pY Y 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: .�d`�' By: Deputy County Coun 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. ARD 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• ��• / OHN SWEETEN, CLERK,B y , Deputy C 1 erk F on *%lowi WARNING(Gov. code se tion 913) exceptions,Subject to certain tions, you have only six(6)months from the date this notice was personally served or deposi p 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 Warring See Reverse Side of This Notice. AFFIDAVIT OF MAILING f perjury that I am now, and at all times herein mentioned,have been a citizen of the United I declare under penalty o p t y , 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 rwwr /9- 404MIN SWEETEN, CLERK By Deputy Cle This warning not apply to claims which are not subject to the California Tort Claims Act-such as actions in in condemnation, actions for specific relief such as mandamus or injunction, or Federal Civil Rights claims. The above list is not exhaustive and legal consultation is essential to understand all the separate . limitations periods that may apply. The limitations period �'" within which suit must be filed may be shorter or longer depending on the nature of the claim. Consult the specific statutes and cases applicable to your particular'claim, 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, 16 INSTRUCTIONS TO CLAIMANI" 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 dm 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. now*mumussauses Bases an was amen a a sum sawmannessesum**Mlssess a***Magnusson was as 0 a a as RE: Claim By: Reserved for Clerk's filing stamp 7. RECEIVED Against the County of Contra Costa or JAN 13 lea/1110,/ District CLERK-BOARD 0__F SUPERVISORS C ' (Fill 'in the name) ONTRA COSTA C0. The undersigned claimant hereby makes claim against the County, of Contra Costa or the above-named district in the sum of and in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact date and hour) cc. 0 Y Where did the damage or injury occur? (Include city and county) How did the damage or 'Injury occur.? (Give full details; use extra paper if required) 'ems to AVz;N4WV 4. What particular act or omission on-the part of county or district officers, servants, or employees caused the injury or damage? cy ioc�z 5 What are the names of county or district officers, servants, or employees causing the damage or injury 4000� /C (000 1 cil 10i �c 7 What damage oinjuries do your claim re8ulted? (Give full extent of injuries or -damages 6 r eye claimed. Attach two estimates for auto damage.) Ile �9eloo� -'4 epeo 1oe 7. How was the amount claimed above computed? (Tnc ude the /�stimated amount of any prospective injury or damage.} C/ sci e C/' YAW J 0 8. Names and addresses of witnesses, doctors, and hospitals: '7 *7 9. List the expenditures you made on account of this accident or injury: DATE TIME AMOUNT a a a a a a a anus ago a an a Ono Rana a anus Deana amass Memnon Rosa a a a a avow was assume a a a as a WES a masons a I ) Gov. Code Sec. 910.2 provides"The claim shall be )signed by the claimant or by some person on his behalf 0 7 SEND NOTICES TO: {Attorney,Name and address of Attorney (Cl is Signature) > �. CY (Address) Telephone No. Telephone No. wassummusevess mass a a an a a no a ammussamom*"summon"an woman an a a an a a museum■I 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.) Further-more, any attachments,addendums, or supplements attached to the claim form, including medical records, are also subject to public disclosure. a was was message ass a a a a was a a so a Base sun man a an was a as NOTICEt 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. r Y r a On 07/15/2004 while traveling westbound on Hwy. 4 at approx. 7am,after leaving the Contra Costa County jail facility in Martinez, Ca. , The bus I was being transported to California State Prison, San Quentin was involved in a two vehicle collision. Myself along with around seven or eight other inmates were thrown forward into the metal seats and cages as our transportation officer Catuiza slammed on the brakes, after colliding with another driver. All inmates were handcuffed to each other, and I had no way to stop my forward momentum. My face,and knee was slammed into the iron frame of the seat directly in front of me. C.H.P.was called to the seen and an accident report was filed at that time. Transportation officer Catuiza came aboard the bus at that time taking the names all inmates, and noting all our injuries. Officer Catuiza told me I would be seen by a doctor right away, and contacted reguarding the accident . Only by my constant complaints to medical staff was I seen at San Quentin on 7/16/2004 .X rays were never taken,nor any follow up done. San Quentin staff claimed they had never been made aware of any accident,or state prisoner injuries . I continue to have head aches ,and right knee pain. John J. Stout f r t 4 T_ � r x val Y tYr Y rk. F� ,t , ` 0(x x. f. } • ;t����.�"'�`` ���w��!I�R� '.'�•ail}.�,���� '- k �1. took 4, W7 MW 77 Oki r .3 < v r "I I 1 < f is, s 11� �m / 1, WIT i Anky r* Tf r F y L' R - of - , - .. L ,r r t � L u k fes- y Er C Y Y V �M i yy r{" OA_ �K{ y 4 � F. r y z i " d u T zr •iKn F^ i s _ .. :::: '.�, ::� .._ ,. .. ... .!`•nw+..Y: :......... .... 7777777 7777.. .. .-,... ... ........... ... --...._ .. :.. ...,.: � ,T. >;:... r,_ice. a k " ->r^ h r' S. ' lA i N , > p^t i. xP, f► , i - 9 3i { s s_ ,f- .lr. yy - F , o r S ,w i .. e r , s, i ..... .. ..,. ,;.:.. ... ,..:',. is -.h i a r e �5y kF1: r " I 1 I` > - t 2 7 ' is•,. T < 's k r , : y •.i�d - Q _ t'r tet-x M1 t a!F r I t t c < - _ w 1. 1' R. "1. : - - < +M 7: y� 4 �r,1'Y-upyt a. a. t,- , r,. Yv` .. _": , .. .. _. 's .:Y:•Gr;'.. ."w_3,... - <An `�. .>.r'4TF+Y.-.,'v<., T sa.2'• n All' 0 lei 005 lea I oil, CLAIM • BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY • BOARD ACTION: FEB, 15, 2005 Claim Against the County, or District Governed by ) the Board of Supervisors, Rou NOTICE TO CLAIMANT and Board Action. All Sectionel o s'aeThe copy of this document mailed to you is your �q ). p California Government Codes. ' P r ' notice of the-action the� on taken on your claim by the n Board of Supervisors. (Paragraph IV below), give Cr. �.,_ ® L Pursuant to Government Code Section 913 and �f, ,� +F` }i .4 Please s". 915 . Ple s g $500,000.00 GENERAL DAMAGES AMOUNT. $25,000,000-00 PAST AND FUTURE MEDICAL EXPENSES CLAIMANT: DONNA LEE and MORGAN LEE, a Minor'.,' by and through his Guardian ad ATTORNEY: Li tem, Donna Lee DATE RECEIVED: JANUARY 14, 2005 LARRY E. COOK ADDRESS: CASPER MEADOWS & SCHWARTZ BY DELIVERY TO CLERK ON: JANUARY 14 2005 2121 N. CALIFORNIA BLVD. , STE. 1020 WALNUT CREEK, CA 94596 BY MAIL POSTMARKED: JANUARY 13, 2005 FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. JOHN S WEE N- erk Dated: JANUARY 14, 2005 By: Deputy II. FkOM: County Counsel. TO: Clerk of the Board of Supe isor Woo1rhis 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: Dated: moo lSw��� By: Deputy County Coun 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. OARD 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. Datedf<aydtoft we q Ar. &I91OHN SWEETEN CLERK B , Deputy ut C 1 erk F W- > Y p Y WARNING(Gov. code se ion 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• V"Ow / OHN SWEETEN, CLERK By Deputy Cle This warning does not apply to claims which are not subject to the California Tort Claims Act-such as actions in in condemnation, actions for specific relief such as mandamus or injunction, or Federal Civil Rights claims. The above list is not exhaustive and legal consultation is essential to understand all the separate limitations periods that may apply..The limitations period within which suitmust be filed may be shorter or longer depending on the nature of the claim. Consult the specific statutes and cases applicable to your particular'claim. The County of Contra Costa does not waive any of its rights under California Tort Claims Act nor docs it waive rights under the- statutes of limitations applicable to actions not subject to the California Tort Claims Act. Larry E. Cook (State Bar No. 122776) Stan Casper (State Bar No. 56705) GASPER, MEADOWS&SCHWARTZ A Professional Corporation California Plaza 2121 North California Blvd., Suite 1020 JAN 14 4J Walnut Creek, California 94596 Telephone: (925) 947-1147 BOpF SUPERVISORS V Facsimile: (925) 947-1131 yvll 1**1 Attorneys for Claimants CLAIM AGAINST THE COUNTY OF CONTRA COSTA TO Board of Supervisors County of Contra Costa 651 Pine Street, Room 106 Martinez, CA 94553 CLAIMANTS' NAMES DONNA LEE and MORGAN LEE, a Minor by and through his Guardian ad Litem, Donna Lee CLAIMANTS' ADDRESS 635 — 31st Street Richmond, CA 94804 CLAIMANTS' TELEPHONE (510) 236-9907 AMOUNT OF CLAIM Within the jurisdiction of the Superior Court, Unlimited Jurisdiction ADDRESS TO WHICH NOTICES ARE TO BE SENT Larry E. Cook Casper, Meadows & Schwartz 2121 N. California Boulevard, Ste. 1020 Walnut Creek, California 94596 925- 947-1147 DATES OF OCCURRENCE November 2003 up to and including the July 27, 2004, the birth date of MORGAN LEE PLACE OF OCCURRENCE Contra Costa County Regional Medical Center and Richmond Health Clinic HOW DID CLAIM ARISE This claim arises out of the negligent care and treatment given to Claimants in the management of Claimants' prenatal care and DONNA LEE's labor and delivery. As a result thereof, MORGAN LEE, born on July 27, 2004, sustained severe birth injuries, including brain damage, which resulted in his permanent incapacity. Claims of medical and professional negligence are based on healthcare providers' failure to provide adequate prenatal care to DONNA LEE and failure to properly manage DONNA' LEE's labor including, but not limited to, the failure to perform a timely cesarean section. The names of the healthcare providers known to Claimants at the Contra Costa Regional Medical Center include, but are not limited to, Dr. Kwan Chun, Dr. Patricia Glatt, Dr. Judith Bliss, Dr. Susan Feierabend, Dr. Scott, Dr. Weisberg, Dr. Pehling, Dr. Hay, Dr. Cha, Dr. Chou, Dr. O'Leary, Dr. Kerns and Dr. Chon. Other physicians and staff unknown to Claimants at this time will be added when ascertained. The injuries sustained by Claimants as far as known as of the date of the presentation of this claim consist of past and future medical expenses in the amount of $25 million, emotional distress and general damages in the amount of $500)000. Jurisdiction over this claim would rest in the Superior Court. Based on the foregoing, Claimant DONNA LEE brings this claim on her own behalf, pursuant to Burgess v. Superior Court (Gupta) (1992) 2 Cal.4 th 1064, 1076; 9 Cal.Rptr.2d 615, 621. ITEMIZATION General Damages - $5007000-00 Past and Future Medical Expenses - $25)0007000.00 "Milo Dated: January 13, 2005 Larry E. Cook CASPER, MEADOWS&SCHWARTZ Attorneys for Claimant 2 4 PROOF OF SERVICE (C.C.P. §§1013, 2015.5) RE: Donna Lee and Morgan Lee, a Minor by and through his Guardian ad Litem, Donna Lee v. County of Contra Costa am a citizen of the United States and am employed in the County of Contra Costa, State of California. I am over eighteen (18) years of age and not a party to the above-entitled action. My business address is 2121 North California Blvd., Suite 1020, Walnut Creek, CA 94596. On the date below, I served the following documents in the manner indicated on the below-named parties and/or counsel of record: CLAIM AGAINST THE COUNTY OF CONTRA COSTA ® Certified U.S. MAIL, with First Class certifiedre osta a aid and p g prepaid deposited in sealed envelopes at Walnut Creek, California. ❑ FACSIMILE TRANSMISSION from (925) 947-1131 during normal business hours, complete and without error on the date indicated below, as evidenced by the report issued by the transmitting facsimile machine. ❑ Hand-Delivery Via Courier ❑ Other: Board of Supervisors County of Contra Costa 651 Pine Street, Room 106 Martinez, CA 94553 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that I am readily familiar with this firm's practice for collection and processing of documents for mailing with the U.S. Postal Service. Dated: January 13, 2005 STACIE V. BRINK 3 e LAW OFFICES OF ANDREW C.SCHWARTZ, CASPER, MEADOWS & SCHWARTZ TEL. (925)947-1147 Certified Civil Trial Specialist/ A PROFESSIONAL CORPORATION National Board of Trial Advocacy CALIFORNIA PLAZA FAX: (925)94'/-1131 STAN CASPER, 2121 NORTH CALIFORNIA BOULEVARD EMAIL: INFO(CMSLAW.COM MICHAEL D.MEADOWS SUITE 1020 LARRY E.COOK WALNUT CREEK,CALIFORNIA 94596 THOM SEATON MICHA STAR LIBERTY R E(C"EtVaED TRANSMITTAL MEMO J A N14 ZOOS, January 13, 2005 CLERK BOARD OF SUPERVISORS CONTRA COSTA CO. Via Certified Malt Return Receipt Requested.- Board equested.Board of Supervisors County of Contra Costa 651 Pine Street, Suite 106 Martinez, CA 94553 RE: Claim of Donna and Morgan Lee RECD?UES TED ACTION: ❑ For your information and/or records. F-1 Upon receipt and review, please call me to discuss. F-1 Please date and sign enclosed documents where indicated and return in envelope p provided. ❑ Please have signature on enclosed documents notarized and return in envelope p provided. F-1 Please file original(s) and return endorsed-filed copY(ies) in envelope provided. p F-1 Return envelope is enclosed forY our convenience. ® Other: Blease submit the enclosed Claim to the Board of Supervisors for consideration and return a copy with stamp-endorsed received date. Thank You! Enclosures): Original and copy of CLAIM AGAINST THE COUNTY OF CONTRA COSTA Postage-paid return envelope.