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Home My WebLink AboutMINUTES - 12162008 - C.30 (2) AMENDED CLAIM • BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY BOARD ACTION: DECEMBER I fu, 2008 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. SP you is your notice of the action taken g D on your claim by the Board of DEC 0 12008 Supervisors. (Paragraph IV below), given Pursuant to Government Code COUNTY COUNSEL Section 913 and 915.4. Please.note all AMOUNT: $1,000.00 MARTINEZ CALIF. " Warnings". CLAIMANT: ALFREDO S. SANTA-IGLESIA ATTORNEY: UNKNOWN DATE RECEIVED: DECEMBER 01, 2008 ADDRESS: ONE DEER HILL COURT BY DELIVERY TO CLERK ON: DECEMBER 01, 2008 PITTSBURG, CA 94565 RECEIVED FROM COUNTY BY MAIL POSTMARKED: COUNSEL FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DAVID TWA, Cl Dated: DECEMBER 01 2008 By: Deputy II. FROM: County Counsel TO: Clerk of the Board of Suf6rvisors O 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). O Other: Dated: �- " d By: F'Y1 L'6 �,t Deputy County 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: ( 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. Dated4��.Z4 AVID TWA, CLERK, By: Deputy Clerk WARNING(Gov. 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 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 claimant as shown above. Dated:44&. ,?.dsyp" DAVID TWA, CLERK By eputy Clerk This warning do0$jhot ap�??ly to claims which : ' are not subject to 'Cal5fornia Tort Claims Act'such as actions tinsinwelrse coridemnation actions for specificrelief such as mandamus or injunction,'or Federal Civil Rights claims. The above list is not exhaustiV-e 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 Contratosta does not waive any of its rights under California Tort Claims Act 4. =-nor'does it waive rights under the statutes of limitations applicable to actions not subject to the California Tort Claims Act �i l � -..may 1.� .* +.• t.'r f OFFICE OF THE COUNTY COUNSEL gEr, SILVANO B. MARCHES[ .COUNTY OF CONTRA COSTAE COUNTY COUNSEL Administration Building 651 Pine Street, 911 Floor '.• SHARON L. ANDERSON Martinez, California 94553-1229 CHIEF ASSISTANT 925 335-1800 !7 3' GREGORY C. HARVEY (925)646-1078(fax) .... a®'a ` ' 'O VALERIE J. RANCHE ASSISTANTS +'V OQsr'� COUK� v NOTICE OF INSUFFICIENCY AND/OR NON-ACCEPTANCE OF CLAIM December 1, 2008 TO: Alfredo S. Santa-Iglesia One Deer Hill Court Pittsburg, CA 94565 RE: CLAIM OF: ALFRED S. SANTA-IGLESIA Please Take Notice as Follows: This confirms that we received documents from you on November 25, 2008, including evidence that you received a check from Contra Costa County for $1,000.00. It seems that your intent was to inform the Board of Supervisors that your claim has been settled in full. If our assumption is incorrect, we are providing you with the following information that your claim is insufficient: 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: [ ] I. 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. [ ✓ ] 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 name(s) of the public employee(s) causing the injury, damage, or loss, if known. [ J 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. Page 1 [ ] 6. The claim is not signed by the claimant or by some person on his or her behalf. [ ] 7. Other: SILVANO B. MARCHESI COUNTY COUNSEL By: ' / � � & Monika L. Cooper Deputy County Counsel Page 2 CERTIFICATE OF SERVICE BY MAIL (C.C.P. §§ 1012, 1013a,2015.5;Evidence Code§§ 641,664) 1 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 December L, 2008, 1 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 mail at Martinez, California addressed to. S ,Santa:Iglesia,One Deer Kill Court; Pittsburg,CAm94565, 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 December 8, at Martinez, California. Paula Webb cc: Clerk of the Board of Supervisors (original) Risk Management Page 3 b OFFICE OF THE COUNTY COUNSEL SEL SILVANO B. MARCHES) COUNTY OF CONTRA COSTA COUNTY COUNSEL Administration Building • _- , 651 Pine Street, 91"Floor �� 4 • SHARON L. ANDERSON Martinez, California 94553-1229 , ' , CHIEF ASSISTANT - 1 (925) 335-1800 GREGORY C. HARVEY (925) 646-1078(f rj ` a n O VALERIE J. RANCHE REI EI VEL ASSISTANTS 2008 Ur_�I 0 ;1 , rA.co'v CLERK CONTRAOCOSTA CO.F;burrhv ISORS �g�Ic13�ZD NOTICE OF INSUFFICIENCY NOV 2 5 2008 ANDIOR COUNTY COUNSEL MARTINEZ CALIF NON-ACCEPTANCE OF CLAIM November 20, 2008 TO: Alfredo S. Santa-Iglesia One Deer Hill Court Pittsburg, CA 94565 RE: CLAIM OF: ALFRED S. SANTA-IGLESIA 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: [ ] I. 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. [ ✓ ] 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 name(s) 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. [ ] 6. The claim is not signed by the claimant or by some person on his or her behalf. [ ] 7. Other: ` Page 1 Alfredo S. Santa-Iglesia November 20, 2008 p• 2 SILVANO B. MARCHESI COUNTY COUNSEL By: � Monika L. Cooper Deputy County Counsel CERTIFICATE OF SERVICE BY MAIL (C.C.P. §§ 1012, 1013a,2015.5;Evidence 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 November 20, 2008,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 mail at Martinez, California addressed to Alfredo S Santa Iglesia,OneDeer`,'Hill Court Pittsburg,CA 94565, 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 November 20, 2008, at Martinez, California. Paula Webb cc: Clerk of the Board of Supervisors(original) Risk Management Page 2, CONTRA COSTA COUNTY G658676 Stephen Ybarra, County Auditor- Controller 625 Court Street Martinez, CA 94553 (925) 646-2191 VENDOR NAME VENDOR NO. CHECK DATE CHECK NO. REMITTANCE ADVICE SANTA-IGLESIA, ALFREDO 00001 10/31/08 658676 INVOICE DATE DESCRIPTION OUR ORDER NO. DISCOUNT TAKEN NET AFTER DISCOUNT 10/23/08 SANTA-IGLES IA/65741 .00 1,000.00 TOTAL: .00 1,000.00 CONTRA COSTA COUNTY G658676 Stephen Ybarra, County Auditor- Controller 625 Court Street Martinez, CA 94553 (925) 646-2191 VENDOR NAME VENDOR NO. CHECK DATE CHECK NO. REMITTANCE ADVICE SANTA-IGLESIA,ALFREDO 00001 10/31/08 658676 INVOICE DATE DESCRIPTION OUR ORDER NO. DISCOUNT TAKEN NET AFTER DISCOUNT 10/23/08 SANTA-IGLESIA/65741 .00 1,000.00 TOTAL: .00 1,000.00 Contra County Administrator Costa Risk Management Division Cv r 2530 Arnold Drive,Suite 140 Liability Claims (925)335-1440 Martinez,California 94553 County Fax Number (925)335-1421 SEAL October 24, 2008 i Y CO ryA-.OU"'Y Alfredo Santa-Iglesia 1 Deer Hill Park Pittsburg, CA 94565 t RE: Claimant: Alfredo Santa-Iglesia Insured: Contra Costa County D/Accident: 10/10/2008 Claim No.: 65741 Dear Mr. Santa-Iglesia: Per our discussion, please find a property damage release form as settlement of your vehicle. Once I am in receipt of the signed release, I will forward a check made payable to you in the amount of$1000 to represent full and final settlement of your claim. Thank you for your cooperation in this matter. Also as discussed, you stated that you would be sending the claim form to the Clerk of the Board. Sincerely, J Penny Bailey Liability Claims Adjuster 925-335-1455 ' 1jj99 t i REM rJ 'o ;f