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HomeMy WebLinkAboutMINUTES - 02132007 - C.21 CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY BOARD ACTION: FEBRUARY 13 , 2007 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 California Government Codes. ) you is your notice of the action taken your claim by the Board of Bon Supervisors. (Paragraph IV below), Ail 6 2007 given Pursuant to Government Code AMOUNT: $9 , 587 . 00 Section 913 and 915.4. Please note all C0U`-1,`'CUNSEL "Warnings". MAR)nsiLZ CALIF. CLAIMANT: ROY A. MASON #V-79862 ATTORNEY: U14KNOWN DATE RECEIVED: JANUARY 16 , 2007 ' ADDRESS: P.O. BOX 9/550-1-65L BY DELIVERY TO CLERK ON: JANUARY 16 , 2007 AVENAL, CA 93204-0009 BY MAIL POSTMARKED: JANUARY 11 , .2007 FROM: Clerk of the Board of Supervisors T0: County Counsel Attached is.a copy of the above-noted claim. JANUARY 16 , 2007 JOHN CULLEN, rk Dated: By: Deputy 111. FROM: County Counsel TO: Clerk of the Board of Su rvisors Qo r-h cA I (\,)"'This claim compliesYubstanttally 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: %5 ciciirn is dY.l.i m���r�o✓�Jev� QCCUECIOCI on Aar' a-e� DOfo'An u CIGimS4vr00c,"13 oGcyI"rIn C, P or 4D —' v 11,2X069 Gnj (e re'. GUI APO l c a. t2 L,V �t'GtSL C, l.(:bty -Frorrl cove 's0 ce" Dated: %x'07 By: J Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) O Claim was returned as untimely with notice to claimant (Section 911.3). (1V. 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 con-ect copy of the Board's Order entered in its minutes for this date. Dated 24Y / -:2�04.I;i�HN CULLEN, CLERK, By Deputy Clerk WARNING (GVv. code section 913) 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 wide 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 claimant as shown above. Dated.,44y �K -9JV,7'JOHN CULLEN, CLERK ByA4:il� Deputy Clerk This warning does not apply to claims which are notsubject to the California Tort Claims Act such as actions in inverse 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 tiled 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 OFFICE OF THE COUNTY COUNSEL 5E_.L SILVANO B. MARCHESI COUNTY COUNSEL COUNTY OF CONTRA COSTA 4�.-% ,3i Administration Building SHARON L ANDERSON 651 Pine Street, 9`" Floor Martinez, California 94553-1229 4; _ _ _ ;e CHIEFAsSISTANT ' - • '= i GREGORY C. HARVEY (925) 335-1800 ll\: VALERIE J. RANCHE (925) 646-1078 (fax) O�'. ©� O ASSISTANTS \ "l C��SpA.COUr1" l'' NOTICE OF UNTIMELINESS AS TO A PORTION OF THE CLAIM TO: Roy A. Mason #V-79862 P.O. Box 9/550-1-65L Avenal, CA 93204-0009 RE: CLAIM OF ROY A. MASON Please Take Notice as Follows: In regards to the claim you submitted on January 11, 2007, portions of the claim are timely and portions are untimely. The portions of the claim prior to July 11, 2006 that you presented against the County of Contra Costa governed by the Board of Supervisors fail to comply substantially with the requirements of California Government Code Sections 901 and 911.2, because they were not presented within six months after the event or occurrence as provided by law. Because the portions of the claim prior to July 11, 2006 were not presented within the time allowed by law, no action was taken on those portions of your claim. The claim was forwarded to the Board for action only on the timely portions of the claims. The only recourse at this time is to apply without delay to the County of Contra Costa governed by the Board of Supervisors for leave to present a late claim as to the claims which are untimely. See Sections 911.4 to 912.2, inclusive, and Section 946.6 of the Government Code. Under some circumstances, leave to present a late claim will be granted. See Section 911.6 of the Govenunent Code. You may seek the advice of an attorney of your choice in connection with this matter. If you desire to consult an attorney, you should do so immediately. SILVANO B. MARCHESI COUNTY COUNSEL By: Monika L. Cooper Deputy County Counsel Page 1 CERTIFICATE OF SERVICE BY MAIL (Code Civ. Proc., §§ 1012, 1013a, 2015.5; 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 January 18, 2007, I served a true copy of this Notice of Untimeliness as to a Portion of the Claim by placing the document in a sealed envelope with postage thereon fully prepaid, in the United States mail at Martinez, California addressed to Roy A. Mason, #V-79862, P.O. Box 9/550-1-65L, Avenal, CA 93204-0009, 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 at Martinez, California. Kathleen O;Cohrte 1 cc: Clerk of the Board of Supervisors (original) Risk Management Page 2 BOARD OF SUPERVISORS OF CONTRA COSTA COUNT17 INSTRUCTIONS 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 later 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 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. ■■rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrwrrrrr■■rare RE: Claim By:RVY �I/� Reserved for Clerk's filing stamp RECEIVE® Against the County of Contra Costa or ) JAN 1, 6 2001 District) (Fill in the name) ) CLERK ONTRACOSTACo SOBS 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) 3t-RtH - 2002 +hr-() J UUt, �, ---b -41Z, r -(U -D7 2. Where did the damage or injury occur? (Include city and county) �k�— WLhty Of Cult Mtk UPT Of CHILD 30ffb?T&?VJC0 # jc)os�5 3. ow did the damage or ink occur. Give detail , e extra paper if required) SS V13 1 t) = WOW�9-C-�� trrDIAtouS UILD Sip OFV_R - P° 4. What particular act or omission on the part ofc un or district officers, servants, or employees caused the injury or damage? V lok fi0 vt of UU Z Pr)WS/ ttv(W Rt �0 �dv►X NJ wtrrn c)UV_T 01 k4 kov ,c�&r3 KAktal [4 -{ 61" f 5 What are the names f county or district officers, servants, or employees causing the damage or injury? noz &KOL) 1 :,6., What damage or injuries do your claim resulted? (Give full extent of injuries or damages claimed. (M�JWeamou(Cn)tWclaFimRe-0d"aboW Attach �3q imates for i- i, W f I U �� 0 1�KA dM f0K OCsS R P�-$TVt c� l � ��7. How wae computed? %UAT�the estimated amount of any prospective injury or damage.) as A/D 1- CW—U LA-rf--D Wo DC&S 8. Names and address�e�s"of witnesses, doctors, and hospitals: 9. List the expenditures you made on account of this accident or injury: DATE TWE AMOUNT N IW4 rA ■■rrraaaraaaaeaaaaaraaraaaraaaaaa•a■■arraarwaarara■■araaarrararaaaaaraaaaaarraraaraao ) Gov. Code Sec. 910.2 provides"The claim shall be ) signed by the cl ' t or by some person on his behalf." SEND NOTICES TO: (Attorney) ) Name and address of Attorney ) (Cla}mant's Signature) " I ) (Address) ) Telephone No. ) Telephone No. aaaaaraaaaaarraarraaraaaaaaaaaraaararaaaaaaaaraaraaaaararaaaaaraaaaaraaaaaaaarrrarar 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.) Furthermore, any attachments, addendums, or supplements attached to the claim form, including medical records, are also subject to public disclosure. ............rarraaar■r■rararaaaaaraaaaaraa■raaaaaaaraaa■.:....:.:........araa.rso:nal NOTICE: 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. ccf-�I aVl" PAc�L TO ClAi �/( . Cb��h Co�T� coo� �Ok OF SI�Q`C{�V I S0� firs g i V hlL. Wy v �v�,Wk_.. 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ROY MASON,.. #.V-7'9862 Avenal ` State .Pr.ison P. 0 '. Box# 9 , Hsg.-: 550_=1-80-.L Aven_al ,. .:CA 93204 June 281 2.G06 A'ttn: Linda M. ,D'ippe.l.,:.Direc-to r. Contra, Costa:...coun.ty, Department of Chi1d`:S:up.p.ort Services 50 Doug las Drive.; Suite# 100 Martinez., CA.. y4:553=d507 02.5) , 957-7300 :: Re-. MODIFICATION: (DOWNWARD) OF ..CHILD.. SUPPORT. ORDERS. Ease I. :3455340,: Dear Mrs . Di. .ppel ; Yesterday,, June 27 2006, 1 took ret.6ip:t: of your. agencies. Letter , dated June 21 ,' 2006. Therein your ,agency accuses..'me .of being in a state of arrears regarding an , erroneous- assessmen t having been made by your. agency-, concerning. Child Support obligations , .toaaling, .#15., 9.90-. 00 (principal) , 'along. interest b a.1 ance :of 'x'3331. 25 I Your ag,e,ncy states, that Stacey: A. .Bro.oks (.c.ustodi.alparent) has been denied the benefit of; my, lhavi.ng shared in. Aefraying. child support expenses between the foll:o.wi'ng. p,e-ei_ods. September.. 2002. through June 200.6 (p.r.esen.t) Mr ? Di 'p although .. y,our . agency' s . cor ws_p0ndence ins.truc.ts. me to apprise you of mitigating circumstances which leg ally. effects my fina.ncia1. .obligation to ;pay cY ld support , that, has- noa been my reality in dealing :w_ith your . agency a§ ; ev`ery` Attempt I' ve made -to do so prev=i6us'1y has pr•'o.v:en- futile as I have received no replies „whatsoever to my. prior cor.resp'ondence. 1 have submitted: a .inult.itude of corresp.ondence. in attempt. to . resolv.e and conclusively, establish` substantially adverse,. ci.rcumstances. which prevent me - from satisfying: your .agenci.es -claimed, debt . of. -child. support . Those financ,ial. ' impedimentsare as' ,follows (.A) Per;petua.l. State .of .Inzarceration. I have .been , and' shall. remain :in carcerate'd within the California Department of Corrections and Rehab- iltation (s. nce 2002) (B) Permanent. and Chronic' Physical Di.sab.ility. I have been 'properly evaluated`. ,by a licensed physician and it has been conclusively det- ermined. that I shall. suffer from irreparable injury to. my spinal cord throughout the remainder .,of my. life (since 1986, -1001Vheelchair Reliant; (C) Legal .Indigency.. . By reason of my physical disab.ilities aforementioned I have ,been unemployed since suffering injury to my spinal cord , &)Py. A- r, which occurred back in 1986 (20 years ago) , and therefore without gainful employment , albeit part-time or full-time, since then. Also , given .my .physical condition and. progressive deterioration in my over all health ,. I intend to apply tor , and procure, financial assistance via. Supp'lemental Security Income ( "SSI") as my sole means. of sup port . Mrs. Dipple, if it is your agency ' s intent to legally advocate for. the Child ; Suport obligations which I am..triuly .responsible , it is absolutely necessary that all .:files/records maintained by your agency , - particularly : Case Number: 3455.340 that such records be properly -adjusted to reflect .prop.er deference having been made to the financial impediments detailed abov.e In closing", .I ask that. you provide .me with the fullness 'of documentation necessary for me to tactually su_bstantiate . each and all .of the financial impediments mentioned herein. I eagerly await your prompt reply via the address listed at. top I stand ready and willing to meet my financial obligations providing I obtain prompt assistance by you , : Mrs . Dip.ple., and your agency as a whole .: Respectfully Submitted ; Mr Roy Mason cc : California Tort Claim, Exhibit (p.ending reply) California Municipal/SuPerior ,Ct . (pending reply) . California/Off,ice,' Of .the Inspector General California/Office of :the- .Ombudsman. (LLS-S-) pg . 2 of 2 �Py �- CJ f 75 ol ey -=. Od Cs. a >), a �a bm - , , -a` APPLICATION TO FILE LATE CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Application to File Late Claim ) NOTICE TO APPLICANT FEBRUARY 13 , 2007 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 Sections 911.8 an 915.4. Please note the "WARNING"below. Claimant: .ROY A. MASON #V-79862 AN 2 9 2007 Attorney: UNKNOWN COUNTY COUNSEL Address: P.O. BOX 9/550-1�" TINEZ CALIF AVENAL, CA 93204-0009 'Amount: $9 , 587 .00 By delivery to Clerk on: , JANUARY 29 , . 2007 I Date Received: JANUARY 29 . 2007 By mail,postmarked on:1 JANUARY 26 , 2007 I. FROM: Clerk of the Board of Supervisors TO: . County Counsel Attached is a copy of the above noted Application to File Late Claim. DATED: JANUARY 29 , 20-�QHN CULLEN, Clerk, By: DEPUTY II. FROM: County Counsel TO: Clerk of thejBo rd 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: 1 -36--0-7 SILVANO B. MARCHESI, County Counsel, By:- EPUTY III. BOARD ORDER By unanimous vote of Supervlsors present (Check one only) " ( ) his Application is granted (Section 911.6). ( This Application to File Late Claim is denied (Section 911.6). I certify_that this a true and correct copy of the Board's Order entered in its minutes for this date. DATE � A!D HN CULLEN,Clerk, By: DEPUTY WARNING (Gov. Code §911.8) 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 945A (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 apRocation for leave to present a late claim was denied. . 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. IV. FROM: Clerk of the Board TO: (1) County Counsel (2) County Administrator Attached are copies of the above Application. We notified the applicant of the Board's action on this Application by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. DATED:66em--w-,y IX oe" JOHN CULLEN', Clerk,By: DEPUTY V. FROM: (I 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 RECEIVED ' JAN 2 9 2001 CLERK BOARD OF SUPERVISORS —MLS�/(T'�A -c 0- VLS NTP.. STA'C- Z (�.e� v�, I�.t� RSM � Mr sl_UU�NU�_ MA�ctlts LLO-IT0Iff-T. �oU.� v��y - . F iIs o Com W rtq- . mtuis � ofCR_�I�o�U_►_� __Aj 5Ld(OU qq�-�_ &vt(ow(t+ &-p-L�.s 90f, To 00 Pr Kmw � off' t e&O -3u-plpbKl" U_f�D`c.:��URSuhUT Ta G�S �3�340 uvt+�L ��.4a,�f �Pr_�s�� �ithE 1� 1-V_tiis_I74 t(� MM �h� �STk �� �-� U� U�d�SU��O� �tkv ICS� AID. r 2�� � � C IN c /1 C7 O- 4 � . (41 1 UP a c!" yen � 1 � t SPA x•�+� �r 9 g�'l \ cm C.J lcpl `� hN � •. CONTRA COSTA COUNTY Department of Child Support Services Supporting Linda M. Dippel, Director California's "'VE® 50 Douglas Drive,Suite 100 Children �` artinez, California 94553-8507 (925) 957-7300 JAN 2 9 2007 Phone:FAX: (925) 335-,3636 CLERK BOAPD OF SUPERVISORS CON Ti 3A COSTA CO. ROY A. MASON LCSA CASE NUMBER: 3455340 LEGAL MAIL CDC# V79862 AVENAL PRISON PO BOX 9 AVENAL, CA 93204 Date: JANUARY 11 , 2007 This is to respond to your 01/03/07 request for complaint resolution that was received by the local child support agency on 01/08/07 You requested complaint resolution regarding the following: YOU BELIEVE YOU DO NOT OWE CHILD SUPPORT TO CONTRA COSTA COUNTY. YOU STATE YOU ARE CURRENTLY INCARCERATED AND THAT YOU HAVE BEEN DISABLED AND RECEIVING SSI SINCE 1986. YOU ALSO ADVISED THAT YOU WERE GRANTED A SET- -ASIDE BY THE COURT. YOU REQUEST THE CASE IN CONTRA COSTA COUNTY BE CLOSED. After investigating your complaint, the local child support agency has made the following decision: YOU ARE CORRECT,IN JULY 2006 THE SAN JOAQUIN COUNTY COURT SET ASIDE THE CHILD SUPPORT ORDER OF 07/24/00. The local child support agency will take the following action: YOUR CASE HAS BEEN PREPARED FOR CLOSURE. FINAL CLOSURE WILL TAKE PLACE ON 01/31/07. CONTRA COSTA COUNTY IS NO LONGER PURSUING YOU FOR CHILD SUPPORT. LCRO06 (10/01) 1928/07JAO LOR002 / IIII�II�IIIuIIIII�IIIII�IuIIIII�IIWII�III�IIIII�II�III�UIII�llllll J, Page two The local child support agency referred to the following federal or state laws, regulations, or Department of Child Support Services policy letters to make its decision for resolution to your complaint. If you are not satisfied with the local child support agency's resolution of your complaint, you can request a State Hearing before an Administrative Law Judge. You can request a State Hearing in writing by sending the enclosed Request for State Hearing form (SH001) to the State Hearing Office, or you can call the State Hearing Office toll free at 1-866-289-4714. You must request a hearing within 90 days after you get this notice. The State Hearing Office will let you"know the date, time, and place of your State Hearing. { If you need an interpreter or an accommodation because of a disability, please call the State Hearing Office at the above number for assistance. State Hearings will only be granted for the following issues: • An application for child support has been denied or has not been acted upon within the required time frame. • The child support services case has been acted upon in violation of federal or state law or regulation, or California Department of Child Support Services policy letter, including services for the establishment, modification, and enforcement of child support orders and child support accountings. • Child support collections have not been distributed, or have been distributed or disbursed incorrectly, or the amount of child support arrears, as calculated by the local child support agency is inaccurate. • The local child support agency's decision to close a child support case. IMPORTANT: The following issues cannot be heard at a State Hearing: • Child support issues that must be addressed by motion, order to show cause, or appeal in a court. • A review of any court order for child support or child.support arrears. • A court order or equivalent determination•of_paternity. • A court order for spousal support. • Chiid7custody determinations. -- • Child visitation determinations. • Complaints of alleged discourteous treatment by a local child support agency employee, unless such conduct resulted in a hearable action or inaction. If you have any questions about this notice, need help to request a State Hearing, need information to prepare for a State Hearing, or have any other questions, please contact your local child support agency at: J A. OLSON QUALITY CONTROL UNIT 50 DOUGLAS DR., SUITE •100 MARTINEZ, CA 94553 Sincerely, LINDA DIPPEL Local Child Support Agency Director (or designee] Enclosure: SH001 I' ' BOARD OF SUPERN71SORS OF CONTRA COSTA Cc)mi, -- INSTRUCTIONS TO C kEAANT 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 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 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 al 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. RE: Claim By:ROY Reserved for Clerk's filing stamp RECEIVED Against the County of Contra Costa or ) JAN 1 6 2001 District) (Fill in the name) ) CLERKCONTRA-COSTA Co SOBS 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) S� �M 2©02 - r� �)t , --{� - 1tr -(0' .0 ma 7 2. Where did the dage or injury occur? (Include city and county) " ' ' wLMCo '(c�Stl� Dt.4(' 0f CIS(LD 30f�t2TK� V1C�3 5D MZM�d&eiNNS-53. mow did the damage orm� occur? . ail , extra paper if required) ca�� trroatous U L D �C p 4. What particular act or omission on,the part of c un or district officers servants, or employees caused the injury or damage? V 1Qk C I/� vF &Z Proxnss 7 F� (Lu R_t f0 A+DV X WJ U&)(M IUCCT' 0�: .�t J(C�J I . C� 5 What are the names of county or 'strict officers, servants, or employees causing the damage or injury? WA WV f L �/��./r� '� 1 D I [�..UD �{' (bqu L &7ca) r t G SPT of 6YI C- � �?PD`s �rV(c� AL40 P ,� T(CU(r-rr C-L.0 C V, I! 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ROY MASON, #V-79862 . t Avenal State Prison P. 0. Box# 9 , Hsg. : 550=1-d0-.L Avenal,. CA 93204 June 28 , 200b. A'tun: Linda M. Dippel ,. Director Contra Costa .Co.unty Departmeirt of Child Support Services 50. Douglas Drive., S.ui:te.# 100 Martinez., CA 94553-8507 (`925) 957-7300 Re : MODIFICATION (DOWNWARD) OF .CHILD SUPPORT. ORDERS. Case #: 3455340 Dear Mrs . Dipp el ; Yesterday,. June 27 , 2006 , I took receipt of your agencies letter , dated June 21; 2006. Therein .your agency accuses. .me .of being in a state .af arrears regarding an erroneous. assessment having been made by your agency, concerning Child Support obligat.ion s., totaling #15, 9.9o.'O0 (principal) , along with ihEerest balance of $3331 . 25 Your agency states that Stacey A. Brooks (.custodial parent) :has been denied the benefit of, my having :shared in defraying child support expenses between the following periods:. September 2002. through June 200.6 (p:resent) Mr . Dippel, aIthou.gh, your agency'.s . cor,as2ondence instructs me to apprise YOU of mitigating ci1.rcumstarices which legally. eff:ec.ts my. .financial. obligation to :pay ch:ild.. s-up por:t,, that. has not :been my reality in dealing :with your agency as :.every: attempt' I ' v:e made . to do so. previously has 'pr`o.ven futile as I have re.ceive.d no replies whatsoever to my prior correspondence. 1 have submitted. a multitude of correspondence_ in attempt to resolve and conclusively. eatab.l:ish` substantially a .diverse- circumstances which prevent me from s.a'tisf:ying: your Iagencies claimed debt of child support. Those financial impediments are as ,follows :. (A) Perpetual..State of Incarceration. I have .been , and shall. remain :in- carcerated within -the California Department of Corrections and Rehab- ilitation (since 2002) (B) Permanent and Chronic Physical Disability. I have been properly evaluated by a licensed physician and it has been conclusively det- ermined that I shall. suffer from irreparable injury to my spinal cord throughout the remainder of my. life (since 1986; •100% Wheelchair Reliant; (C) Legal Indigency. By reason of my physical disabilities aforementioned I have ,been unemployed since suffering injury to my spinal cord, LW R which occurred back in 1.986 ( 20 years ago) , and therefore without gainful employment , albeit part-.time or full-time , since then. Also , given my physical condition and. progressive deterioration in my over- all health ,. I intend to apply tor, and procure, financial assistance via Supplemental Security Income ( "SSIl) as my sole means. of sup port . Mrs. Dipple, if it is your, agency ' s . intent to legally advocate for. the Child Suport obligations which I amtruly responsible , it is absolutely necessary that all files/records maintained by your agency, particularly: Case Number : 345.5340 that such records be properly adjusted to reflect proper deference having been made to the financial impediments detailed abov.e. _ In closing, I ask that you provide me with the fullness of documentation necessary for me to factually substantiate each and all .of the financial impediments mentioned herein. I eagerly await your prompt reply via the address listed at top . I stand ready and , willing to meet my financial obligations providing I obtain prompt assistance by you., : Mrs . Dip_ple , and your agency as a whole. Respectfully Submitted ; Mr ., Roy Mason cc : California Tort Claim, Exhibit (p.ending reply) California Municipal/Superior Ct. (pending reply) California/Office of the Inspector General California/Ofice of the Ombudsman (bC-SS) pg . 2 of 2 � 1�R �d�l C'� ''� L � i, °4 F* 1 y A:3' c1. y _ `�u OFFICE OF THE COUNTY COUNSEL SE- SILVANO B. MARCHESI -"`-U COUNTY OF CONTRA COSTA 4t--- �,,zi COUNTY COUNSEL Administration Building 651 Pine Street, 91h Floor _ • SHARON L. ANDERSON Martinez, California 94553-1229 s - . CHIEF ASSISTANT (925) 335-1800 GREGORY C.HARVEY n orf:: `111;ta%L�i.:.^ y .. Oi. �� VALERIE J. RANCHE (925) 646-1078 (fax) O ASSISTANTS °STA co[11`t NOTICE OF UNTIMELINESS AS TO A PORTION OF THE CLAIM TO: Roy A. Mason #V-79862 - P.O. V-79862 -P.O. Box 9/550-1-65L Avenal, CA 93204-0009 RE: CLAIM OF ROY A. MASON Please TakeNoticeas Follows: In regards to the claim you submitted on January 11, 2007,portions of the claim are timely and portions are untimely. The portions of the claim prior to July 11, 2006 that you presented against the County of Contra Costa governed by the Board of Supervisors fail to comply substantially with the requirements of California Government Code Sections 901 and 911.2,because they were not presented within six months after the event or occurrence as provided by law. Because the portions of the claim prior to July 11, 2006 were not presented within the time allowed bylaw, no action was taken on those portions of your claim. The claim was forwarded to the Board for action only on the timely portions of the claims. The only recourse at this time is to apply without delay to the County of Contra Costa governed by the Board,of Supervisors for leave to present a late claim as to the claims which are untimely. See Sections 911.4 to 912.2, inclusive, and Section 946.6 of the Government Code. Under some circumstances, leave to present a late claim will be granted. See Section 911.6 of the Govenu-nent Code. You may seek the advice of an attorney of your choice in connection with this matter. If you desire to consult an attorney, you should do so immediately. SILVANO B. MARCHESI COUNTY COUNSEL Monika L. Cooper Deputy County Counsel Page 1 CERTIFICATE OF SERVICE BY MAIL (Code Civ. Proc., §§ 1012, 1013a, 2015.5; 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 January 18, 2007, I served a true copy of this Notice of Untimeliness as to a Portion of the Claim by placing the document in a sealed envelope with postage thereon fully prepaid, in the United States mail at Martinez, California addressed to Roy A. Mason,#V-79862, P.O.Box 9/550-1-65L,Avenal, CA 93204-000.9, 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 f /.`4 �? 7 at Martinez, California. Kathleen O'Com ll cc:.Clerk of the Board of Supervisors (original) Risk Management Page 2