HomeMy WebLinkAboutMINUTES - 12092008 - C21 (2) CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY
BOARD ACTION: DECEMBER 09, 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. � you is your notice of the action taken
�`y""" on your claim by.the Board of
Supervisors. (Paragraph IV below),
NOV 0 7 2008 . given Pursuant to Government Code
AMOUNT: iINKNOWN Section 913 and 915:4.Please note all
COUNTY "Warnings".
CLAIMANT: WANDA DOWRELIO
ATTORNEY: UNKNOWN DATE RECEIVED:. NOVEMBER 07, 2008
ADDRESS: P.O. Box 206 BY DELIVERY TO CLERK ON: NOVEMBER 07, 2008
CROCKETT, CA 94525 RECEIVED FROM RISK
BY MAIL POSTMARKED: MANAGEMENT
FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
NOVEMIBER 07, 2008 DAVID TWA, Cler
Dated: By: Deputy
II. FROM: County Counsel TO: Clerk of the Board of Sup cvisors
OT s 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: . //'/0 `00- By: 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.JIOARD ORDER: By unanimous vote of the Supervisors present:
(ur 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.
Dateo eu , vepll X000AVID 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 person*served
or deposited in the mail to file a court action on this claim.See Govermment Code Section 945.6.You may
seek the advice of an attorney of your choice m.counection 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.
Date0w,&�'/�cra�DAVID TWA,•CLERK, By Deputy Clerk
• y
This warning doe`s,4not.apply to claims which
are not subject 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 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
OFFICE OF THE COUNTY COUNSEL SEL SILVANO B. MARCHESI
COUNTY OF CONTRA COSTA '' =`_�� COUNTY COUNSEL
Administration Building
651 Pine Street,9t' Floor SHARON L. ANDERSON
Martinez, California 94553-1229 _ CHIEF ASSISTANT
925 335-1800 A' --r i� GREGORY C. HARVEY
(925)646-1078 (fax) VALERIE J. RANCHE
\-- --�'-r. •%�0 ASSISTANTS
r'9 COUK�
NOTICE OF INSUFFICIENCY
AND/OR
NON-ACCEPTANCE OF CLAIM
November 20, 2008
TO: WANDA DOWRELIO
P. O. BOX 206
CROCKETT, CA 94525
RE: CLAIM OF: WANDA DOWRELIO
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 I
Wanda Dowrelio
November 20, 2008
p. 2
SILVANO B. MARCHER
COUNTY COUNSEL
By: ` / / / �Y?! Ue
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 Wanda Dowrelio,P. O. Box 206, Crockett, CA 94525, as set forth above. 1 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 51atc of California and the United States of America that
the above is true and correct. Executed on Nove er 2 1 20 M Inez, California.
PA B
cc: Clerk of the Board of Supervisors (original)
Risk Management
Page 2
BOARD 0 ERVISORS OF CONTRA COSOCOUNTY
INSTRUCTIONS TO CLAIIYUN'T
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
naive of the District should be filled in.
D. If the claire is against more than one public entity, separate claims must be filed against each.
public P'—'t't�'.
E. Fraud. See penalty for fraudulent claims, Penal Code,Sec. 72 at the end of this form.
E E E g E E E L E E[[EEE[!LLE E E E E E[E E E E E[[E E[L L[E!E E!!E E E■E L Egan E on H E E■ELLE E L E!E!E!L C gut
RE: Claim By: / Reserved for Clerk's filing stamp
RECEIVED
11 ) E®
P ( � �'J C V�1'� ® VV Y)E-:Y`� ) NOV 6 7 2008
Against the County f Contra Costa or )
nn ) CLERK Bohi�D OF
SUPE_nCONTRACOST4COVISO�S
(Fill m the name) l• ��)
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. 'SWhen did the damage or injury occur? (Give exact date and hour)
2. Where did the damage or injury occur? (Include city and» county)
l?/o 0o uP �i o ,>r, CEr�CdC� Cera r651c,(
3. How did the damage or in�=y occur (Give details; use extra paper if required)
e� cie� S
4. What particular act or omission on the part of county or district officers, servants, or employees
caused the-injury or damage?
C6un�� vefi0e. 6frtlt k) u,)erv- olq� rood
5 What are the names of county or district officers, servants, or employees causing the
darnage or injury?
6. VFr�:t damage or injuries do your claim resulted? (Give full extent of injuries or damages
claimed. Attach two estimates for auto damage.)
Da n%U e. -f6 t)eLL) q5 Plica '�I- ra6l(4
7. How was the amount claimed above computed? (Include the estimated amount of any
prospective injury or damage.)
e-4f e � /D Gla- O-5 c7ro Flo c cs
9, Names and addresses of mdtnesses, doctors, and hospitals:
9. List the expenditures you made on account of this accident or injury:
DATE TIME AMOUNT
Ewa Qaet¢teetage 3-¢re et¢r¢ava¢¢ettGr6¢r tettale¢t.eC er O¢eaaataet■teftt¢sure ¢¢ re tvta¢ttetf
.Gov. Code Sec. 910.2 provides "The claim shall be
signed by the claimant or by some person on his
behalf."
SEND NOTICES TO: (Attornevl 1
Name and address of Attorney )
(Claimant's Signature)
(Address)
}
Telephone No. ) Telephone No.
aaa■■vta a vv¢va■ avvtevv.vvvtet.v a v vttvvavvetve eav■vevvtt aa¢t¢v¢vetete¢vvas eat att¢ttt¢1
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.
R tons USE t t i t t t a t eta■■■■■ v e v e vs v v v e a t v t t a t v v Now Nun a RWWXRNKU i a v t a t a t aan a v v a WE a SEEKER MKI
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
LO any county, cit , 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 &e 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.
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November 3, 2008
Penny,Bailey
Contra Costa County NOV G 6 2008
County Administrator
Risk Management Division
2530 Arnold Drive, Suite 140
Martinez, Ca 94553
Attn: Penny Bailey
Liability Claims Adjuster
Re: Claimant: Wanda Dowrelio (property owner)
Insured: Contra Costa County/Department of Agriculture
Loss Date: June 20, 2008
Claim No.: 65373
Dear Ms. Bailey;
Per our last correspondence to you on 09/19/2008 regarding the above loss, as
stated in the letter I would sent you photos and the estimate as soon as we
received them.
I am now enclosing to you an estimate of repairs from Harold Hutson
Construction, and some photos of the damaged road. They are pretty self
explanatory, but I would be glad to explain them.
I am also enclosing the claimants report, along with the 09/19/08 letter giving the
full details.
Once you have had a chance to review the above, please give me a call.
4DOWk] b
Hank Dowrelio
510 813-2538
Enc. Claimants report
Letter of details 09/19/08
Photos
estimate
Harold Hutson Construction
Est
imate
California License#607186
P.O. Box 128
Crockett, CA 94525
Date: October 26, 2008 Phone 8: FAX# (925)370-6600
To: Job Location (if different address):
Wanda Dowrelio
PO Box 206
Crockett, CA 94525
We, Harold Hutson Construction, agree to do the following work including the furnishing of all labor and materials:
ITEM NUMBER DESCRIPTION
1 Repair Damaged Banked Slope from Vehicle Accident
2 Repair Damaged Asphalt from Vehicle Accident
3 One Year Warranty On All Workmanship
4
5
6
7
8
ESTIMATE ONLY $3,700.00
We propose hereby to furnish material,trucking and labor-complete in accordance with above specifications for the sum of:
Three Thousand Seven Hundred and no/100
Payment to be made as follows: Upon Completion of Job
All material is guaranteed to be as specified.All work to be completed in a NOTE: NOT RESPONSIBLE FOR ANY CRACKING DUE TO DIVERSE
workmanlike manner according to standard practices. Any alteration or SOIL CONDITIONS. NOT RESPONSIBLE FOR ANY DAMAGE
deviation from above specifications involving extra costs will be executed only TO WATER PIPES OR ELECTRICAL CONDUIT UNDER SUB-
upon written orders, and will become an extra charge over and above the BASE.OWNER IS RESPONSIBLE FOR ANY PERMITS AND/OR
estimate. Damage to pavement resulting from earth movement or abusive use SURVEYING IF NEEDED.
shall not be considered contractors liability.On all past due accounts there will CARE OF YOUR NEW ASPHALT PAVING
be a finance charge of 11/2%per month which is 18%annually.Debtor agrees Gasoline solvents and excessive oil dripping can deteriorate asphalt.Turning
to pay legal fees and court costs incurred in the collection of delinquent vehicle power steering while station can cause scuff marks on new asphalt.
accounts. All agreements contingent upon strikes, or delays beyond 7
contractors control. Our workers are fully covered by Workman's JCf/L[.BdJ 7 ( �r�
Compensation Insurance. AUTHORIZED SIGNATU�E(California License#607186)
Note:This proposal may be withdrawn by us if not accepted within thirty days.
ACCEPTANCE OF PROPOSAL:
SIGNATUREDATE OF ACCEPTANCE
r .C�
i
September 19, 2008
Contra Costa County
County Administrator
Risk Management Division
2530 Arnold Drive, Suite 140
Martinez, Ca 94553
Attw Penny Bailey
Liability Claims Adjuster
Re: Claimant: Wanda Dowrelio (property owner)
Insured: Contra Costa County/Department of Agriculture
Loss Date: June 20, 2008
Claim No.: 65373
Dear Ms. Bailey;
Enclosed please find the claimants report with full details attached.
The accident/damage occurred at 1910 Dowrelio Dr. a private road. The driver
(unknown female) was driving on the up hill portion of Dowrelio Dr, while looking
to the left at a tree in the neighbors yard when she realized she was going over
embankment. She tried to correct vehicle, which had a water tank in bed of
truck, she just slide farther down. When she could not get truck out for fear it
was going to tip over, she called for a tow (Civic Center Tow) using her own CDL.
They tried to pull her out, but were unable to do so. A second Tow truck was
called and they pulled her out backwards. I am assuming she paid for both tows
and has receipts.
When we advised her (the driver) that we were going to have to report a claim,
she decided she needed to turn in a claim. Her Supervisor also came out to the
accident cite, but I do not know his name.
The road repairs would probably not be an issue, but it is a completely new
asphalt road put in, in 2007.
1 also have some photos showing where vehicle slid off road and the damages to
the road. I will send them along with the estimate, as soon as we receive it.
If you have any questions, please call.
Wank Dowrelio Jr.
(510) 813-2538
Contra
County Administrator Costa
Risk Management Division
2530 Arnold Drive,Suite 140 County Liability Claims (925)335-1440
Martinez,California 94553 t 1 Fax Number (925)335-1421
MEMORANDUM ��+D ��OB
Op
TO: EMY SHARP, CLERK OF THE BOARD
FROM: CAO/RISK MANAGEMENT DIVISION — LIABILITY UNIT
ATTACHED MAIL RECEIVED AT RISK MANAGEMENT DIVISION:
VIA MAIL )
VIA FAX ( )
DROPPED OFF WITH RECEPTIONIST ( )
_ Penny Bailey
NOV 0 6`2008