HomeMy WebLinkAboutMINUTES - 12162008 - C.30 (6) CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY
BOARD ACTION: DECEMBER 16, 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 IId
f?�a 6g you is your notice of the action taken
LL�t11l� on your claim by the Board of
NOV 4
.8 2008 Supervisors. (Paragraph IV below),
COUNTY COUNSEL. given Pursuant to Government Code
AMOUNT: UNKNOWN MARTINEZ CALIF. Section 913 and 915.4. Please note all
"Warnings".
CLAIMANT: WAWREEN COMPANY CLAIM FOR
EQUITABLE INDEMNITY AND/OR CONTRIBUTION
ATTORNEY: WILLIAM T. MULVIHILL DATE RECEIVED:. NOVEMBER 17, 2008
ADDRESS,: 555 12th STRM, SUITE 180(BY DELIVERY TO CLERK ON: NOVEMBER 17; 2008
OAKLAND, CA 94604-2925
BY MAIL POSTMARKED: NOVEMBER 14, 2008
FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
DAVID TWA, Cie
Dated: NOVEMBER 17,-1.2008 By: Deputy
II. FROM: County Counsel TO: Clerk of the Board of Su ervisors
(.This claim complies substantially with Sections 910 and 9102 .
( ) 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 claim_anYs right to apply for leave to present a late claim(Section 9113).
(LOther: f 1 Q I I 6 n I 41 e n e(W i J X1'1 Y1 1
Dated: Z� -®� By: m 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. )6ARD 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.
DatedAW, .jG,.,�,,y DAVID TWA, CLERK, By eputy Clerk .
WARNING(G v. code section 913)
Subject to certain exceptions,you have only sig(6)months from the date this notice was personally served
or deposited in the mail to rile a court action on this clean.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:A-G -' .gsJF"' DAVID TWA,CLERK, By eputy Clerk
1
�f
This warning do of nYiply to claims which .
are not subject to eec,Oifornia 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 filed maybe 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
ntir does it waive rights under the statutes of
limitations applicable to actions not subject to
the California Tort Claims Act
A
•
1 WILLIAM T. MULVIHILL, ESQ. (#77528)
JOANNA M. WHITCHER,ESQ. (4187249)
2 JO CUSTER MELNYK, ESQ. (#252755) � �-a
BOORNAZIAN, JENSEN & GARTHE �� V @p
3 A Professional Corporation '`e
555 12th Street, Suite 1800 2��6
4 P.O. Box 12925 nv 1
Oakland, California 94604-2925 r I:sos
5 Facsimile: (510) 839-1897
Telephone: (510) 834-4350
6
Attorneys for Defendant
7 WALGREEN CO., improperly sued herein also as
WALGREENS and WALGREEN COMPANY
8
9 SUPERIOR COURT OF THE STATE OF CALIFORNIA
10 IN AND FOR THE COUNTY OF CONTRA COSTA
11 UNLIMITED JURISDICTION
12 JOSEPH DANIEL JARAMILLO- ) No. CIVMSC07-02758
CARRANZA, a minor by and through his )
13 Guardian Ad Litem Sarah Jaramillo; ELIJA )
JOHN JARAMILLO-CARRANZA, a minor by )
14 and through his Guardian Ad Litem Sarah )
Jaramillo; BETTY K. JARAMILLO, an )
15 individual; DANIEL J. JARAMILLO, an )
individual; and DANIEL DAVID )
16 JARAMILLO, by and through his Successor-In-)
Interest Betty K. Jaramillo, )
17 )
Plaintiffs, ) DEFENDANT WALGREEN CO.'S
18 ) CLAIM FOR EQUITABLE
vs. ) INDEMNITY AND/OR
19 ) CONTRIBUTION AGAINST CONTRA
CONTRA COSTA COUNTY, FELICIA ) COSTA COUNTY
20 TORNEBENE, M.D.; CONTRA COSTA )
HEALTH SERVICES; ANTIOCH HEALTH )
21 CENTER; WALGREENS, a business entity )
form unknown; WALGREEN COMPANY, an )
22 Illinois corporation; WALGREEN CO., an )
Illinois corporation; LAKE TAHOE HORIZON )
23 CASINO AND RESORT, a business entity )
form unknown; TAHOE HORIZON, LLC, a )
24 Delaware limited liability company; )
TROPICANA ENTERTAINMENT, LLC, a )
25 Delaware limited liability company; ) Amended
TROPICANA ENTERTAINMENT ) Complaint Filed: May 23, 2008
26 INTERMEDIATE HOLDINGS, LLC, a )
Delaware limited liability company; )
27 TROPICANA ENTERTAINMENT )
HOLDINGS, LLC, a Delaware limited liability )
28 company: TROPICANA CASINOS AND )
-1-
Walgreen Co.'s Claim for Equitable Indemnity and/or Contribution Against Contra Costa County-Action No.CIVMSC07-02758
• •
r I RESORTS, INC., a Nevada corporation;
WIMAR TAHOE CORPORATION, a Nevada )
2 Corporation; COLUMBIA SUSSEX )
CORPORATION, a Kentucky corporation, and )
3 DOES 1 through 100, inclusive. )
4 Defendants. )
5 The following claim is made pursuant to Government Code §§910 and 910.2.
6 1. The following claim for equitable indemnity and/or contribution against Contra
7 Costa County is being made on behalf of defendant WALGREEN CO., 200 Wilmot Road,
8 Deerfield, IL 60015, by the law offices of Boornazian, Jensen & Garthe, Walgreen Co.'s attorneys
9 of record for the above-captioned matter. All notices relating to this claim shall be sent to
10 Boornazian, Jensen & Garthe, 555 12th Street, Suite 1800, Oakland, CA 94607.
11 2. On December 14, 2007, plaintiffs in the above-captioned matter filed a civil lawsuit
12 arising out of the circumstances described herein against numerous defendants, including
13 WALGREENS, WALGREEN COMPANY, and WALGREEN CO., (hereinafter "Walgreen Co."),
14 as well as the following defendants, which will hereinafter be referred to as "County Defendants":
15 CONTRA COSTA COUNTY; FELICIA TORNEBENE; M.D.; CONTRA COSTA HEALTH
16 SERVICES; and ANTIOCH HEALTH CENTER. Plaintiffs in the above-captioned matter also
17 natned the following defendants in their suit, which will hereinafter be referred to as "Tahoe
18 Horizon Defendants": LAKE TAHOE HORIZON CASINO AND RESORT; TAHOE HORIZON,
19 LLC; TROPICANA ENTERTAINMENT, LLC; TROPICANA ENTERTAINMENT
20 INTERMEDIATE HOLDINGS, LLC; TROPICANA ENTERTAINMENT HOLDINGS, LLC;
21 TROPICANA CASINOS AND RESORTS, INC.; WIMAR TAHOE CORPORATION; and
22 COLUMBIA SUSSEX CORPORATION. Plaintiffs filed an amended complaint in this action on
23 May 23, 2008.
24 3. Defendant Walgreen Co. was served with the amended complaint in the above-
25 captioned matter on May 27, 2008. Pursuant to Government Code §911.2, claims against a public
26 entity relating to a cause of action for death or for injury to a person shall be presented no later
27 than six months after the accrual of the cause of action. Where the cause of action is for equitable
28 indemnity and/or contribution, the date of accrual of the action is the date on which the complaint
-2-
Walgreen Co.'s Claim for L'quitable Indemnity and/or Contribution Against Contra Costa County-Action No.CIVMSC07-02758
0
1 is served on a defendant. Government Code ¢901. As such, the date upon which Walgreen Co.'s
2 cause of action for indemnity against Contra Costa County accrued is May 27, 2008, and the claim
3 set forth herein is therefore timely.
4 4. Plaintiffs assert four causes of action in the above-captioned matter: medical
5 malpractice against the County Defendants and Walgreen Co., negligence against all defendants,
6 negligent infliction of emotional distress against all defendants, and wrongful death against all
7 defendants.
8 5. On December 12, 2006, plaintiff decedent DANIEL DAVID JARAMILLO
9 allegedly received a prescription for methadone from defendant Felicia Tornabene, M.D., Antioch
10 Health Center, and/or Contra Costa Health Services, all acting as the agents and/or employees of
11 defendant Contra Costa County. Plaintiffs in the above-captioned matter allege that the methadone
12 prescription was negligently ordered, given by, instructed by, prescribed by and/or advised by the
13 County Defendants; that decedent was not otherwise properly informed by the County Defendants
14 regarding the precautions, instructions and dangers of such prescription; and that the prescribed
15 dosage of methadone was too high and dangerous.
16 6. Said methadone prescription was allegedly filled at Walgreen Co.'s pharmacy
17 located at 3416 Deer Valley Road, Antioch, California 94531. Plaintiffs in the above-captioned
18 matter allege that Walgreen Co. negligently filled the prescription, instructed decedent to take
19 more methadone than was prescribed, and inadequately warned decedent.
20 7. Plaintiff decedent DANIEL DAVID JARAMILLO allegedly suffered a methadone
21 overdose on December 17, 2006, in a hotel room at the Lake Tahoe Horizon Casino and Resort
22 located at 50 Highway 50, Stateline, Nevada 89449. Plaintiffs in the above-captioned matter
23 allege that the Tahoe Horizon Defendants recklessly and negligently delayed in rendering aid and
24 in calling for emergency medical aid for decedent.
25 8. Plaintiffs allege that as a result of the circumstances described above, plaintiff
26 DANIEL DAVID JARAMILLO died on December 17, 2006 at the Lake Tahoe Horizon Casino
27 and Resort located at 50 Highway 50, Stateline, Nevada 89449. BETTY K. JARAMILLO
28 (decedent's mother), and DANIEL J. JARAMILLO (decedent's father) allegedly witnessed the
-3-
Walgreen Co.'s Claim for Equitable Indemnity and/or Contribution Against Contra Costa County-Action No.CIVMSC07-02758
1 death of their son and suffered emotional distress as a result of his death. Plaintiffs JOSEPH
2 DANIEL JARAMILLO-CARRANZA (decedent's son) and ELIJA JOHN JARAMILLO-
3 CARRANZA (decedent's son) allegedly suffered emotional distress as a result of the death of their
4 father. BETTY K. JARAMILLO, DANIEL J. JARAMILLO, JOSEPH DANIEL JARAMILLO-
5 CARRANZA, and ELIJA JOHN JARAMILLO-CARRANZA also allege that they lost the love,
6 society, comfort, financial support, and attention of decedent DANIEL DAVID JARAMILLO and
7 incurred expenses for decedent's funeral. Plaintiffs in the above-captioned matter are claiming
8 general and special damages.
9 9. Defendant Walgreen Co. makes this claim for equitable indemnity against Contra
10 Costa County. The principal action alleges among other things, conduct entitling plaintiffs to.
11 compensatory damages against Walgreen Co. Walgreen Co. contends that it is not liable for
12 events and occurrences described in plaintiffs' amended complaint. If Walgreen Co. is found in
13 some manner responsible to plaintiffs or to anyone else as a result of the incidents and occurrences
14 described in plaintiffs' amended complaint, said liability would be based solely upon a derivative
15 form of liability not resulting from Walgreen Co.'s conduct, but only from an obligation imposed
16 upon Walgreen Co. by law; therefore, Walgreen Co. would be entitled to complete or partial
17 indemnity from Contra Costa County.
18 10. Defendant Walgreen Co. also makes this claim for contribution against Contra
19 Costa County on the basis that the County, and its agents or employees, were responsible, in whole
20 or in part, for the occurrence of the injuries, if any, suffered by plaintiffs, as described above. If
21 Walgreen Co. is judged liable to plaintiffs, Contra Costa County should be required: 1) to pay a
22 share of plaintiffs' judgment which is in proportion to its comparative negligence in causing
l
23 plaintiffs' damages; and 2) to reimburse Walgreen Co. for any payments it makes to plaintiffs in
24 excess of its proportional share of all defendants' negligence.
25 11. An actual controversy exists between Walgreen Co. and Contra Costa County
26 concerning their respective rights and duties, because Walgreen Co. contends, and Contra Costa
27 County disputes, that Contra Costa County, and its agents or employees, were the legal cause of
28 any injuries and damages sustained by plaintiffs. As such, Walgreen Co. seeks a judicial
-4-
Walgreen Co.'s Claim for Equitable Indemnity and/or Contribution Against Contra Costa County-Action No. CIV MSC07-02758
I determination that Contra Costa County, and its agents or employees, were the legal cause of any
2 injuries and damages sustained by plaintiffs in the underlying lawsuit and that Contra Costa
3 County indemnify Walgreen Co., either completely or partially, for any loss suffered and/or
4 judgment paid by Walgreen Co. and for all expenses which may be incurred in the defense of the
5 complaint herein.
6 12. The total amount that defendant Walgreen Co. is claiming against Contra Costa
7 County is unspecified at this time. However, this case is appropriately characterized as a civil case
8 of unlimited jurisdiction.
9
10 DATED: November 14, 2008
11 BOORNAZIAN, JENSEN & GARTHE
A Professional Corporation
12
13
By:
14 WILLIAM T. MULVIHILL
Attorneys for Defendant
15 WALGREEN CO., improperly sued
herein also as WALGREENS and
16 WALGREEN COMPANY
25447/448240
17
18
19
20
21
22
23
24
25
26
27
28
-5-
Walgreen Co.'s Claim for Equitable Indemnity and/or Contribution Against Contra Costa County-Action No.CIVMSC07-02758
1 PROOF OF SERVICE BY MAIL
(C.C.P. SECTIONS 1.013(a) -2015.5)
2
3 I am employed in the County of Alameda, State of California. I am over the age of 18
4 years and not a party to the within action. My business address is 555 12th Street, Suite 1800, P.
5 O. Box 12925, Oakland, California 94604-2925.
6 I am readily familiar with the business practice for collection and processing of
7 correspondence for mailing with the United States Postal Service. On the date indicated below, at
8 the above-referenced business location, I sealed an envelope, enclosing the original of the
9 DEFENDANT WALGREEN CO.'S CLAIM FOR EQUITABLE INDEMNITY AND/OR
10 CONTRIBUTION AGAINST CONTRA COSTA COUNTY, addressed as shown below, and
11 placed it for collection and mailing following ordinary business practices to be deposited with the
12 United States Postal Service on the date indicated below:
13
Clerk of the Board of Supervisors
14 County Administration Building
651 Pine Street, 1St Floor, Rm. 106
15 Martinez, CA 94553
16
17
I declare under penalty of perjury under the laws of the State of California that the
18
foregoing is true and correct.
19
Executed at Oakland, California, on November 14, 2008.
20
21
22 McquelS. Lewis
23
24
25
26
27
28
-6-
Walgreen Co.'s Claim t'or Equitable Indemnity and/or Contribution Against Contra Costa County-Action No.CIVMSC07-02758
y N
8 qcj: o F
N E !�
Io
� � LLa
(n
cavil S,wN
rl
O
ru
O bAr.
w ru n Q
g CD L. �
0 a)
rq Q.
O0
D"' V] Q
tn
O Y
rn �
O C)
-0 Gn ..
ru
f.i
p C I.J
M
o
C3
n?
r� UUS�o � (i}
o 0
00 � lit
o
a a_
� b
m cq
to
vii 04 O
84,4.9
g !s:
1
O =�
t'd U
O �-, 4