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HomeMy WebLinkAboutMINUTES - 12092008 - C21 (4) CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY BOARD ACTION: 2008 w 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. n you is your notice of the action taken p 6g��� on your claim by the Board of Supervisors. (Paragraph IV below), QCT 2`a 2008 given Pursuant to Government Code AMOUNT: $1,000.00 COUNTY COUNSEL Section 913 and 915.4. Please note all MARTINEZ CALIF. "Warnings". CLAIMANT: ALFREDO S. SANTA-IGLESIA ATTORNEY: UNKNOWN DATE RECEIVED: OCTOBER 28, 2008 ADDRESS: #1 DEER HILL COURT BY DELIVERY TO CLERK ON: OCTOBER 28, 2008 PITTSBURG, CA 94565 BY MAIL POSTMARKED: OCTOBER 271 - .2008 FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. OCTOBER 28, 2008 DAVID TWA, Cle Dated: By: Deputy. II. FROM: County Counsel TO: Clerk of the Board of Sullervisoirs ( ) 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). O 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: 5-0 By: M eta 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. O Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. DateAiGG» &s1Af 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�4c-t-md&v'/A,,?AOLY'AVID TWA,CLERK, ByAer4!,:��Deputy Clerk 4 This warning does riot apply to claims which are not subject.to tt a"California Tort Claims Act such as actions in inverse-condemnation, fr �3'F actions for specific relief such asamandamus or injunction, or Federal 'Civil-Rightsclaims. The above list is not exhaustive and legal consultation is essential to un&r.4 ih 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 lir iitat ons applicable to actions not subject to the California Tort Claims Act , ' ..a .C_1,1�;...s. '. n. ' . <•-;F','eY;;• ..;:vCally 1 OFFICE OF THE COUNTY COUNSEL SEZ SILVANO B. MARCHESI COUNTY OF CONTRA COSTA 4,�f` " �+� COUNTY COUNSEL Administration Building 651 Pine Street,91"Floor n /�' _ —, SHARON L. ANDERSON Martinez, California 94553-1229 / ;• CHIEF ASSISTANT (925)335-1800 A }yF3 11 m GREGORY C. HARVEY (925) 646-1078(fax) �; - �a_ ® ' VALERIE J. RANCHE _ O ASSISTANTS C� clOSrA�COU1z'f� NOTICE OF INSUFFICIENCY AND/OR 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: [ ] 1. 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 11 Alfredo S. Santa-Iglesia November 20, 2008 p. 2 SILVANO B. MARCHER COUNTY COUNSEL By: 7C Monika L. Cooper Deputy County Counsel 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 November 20, 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 toAlfredo S�Santa I lesia One Deer Hill Court Pittsbur 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 0 at M mine , al' ornia. Paula Webb cc: Clerk of the Board of Supervisors (original) Risk Management Page 2 BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY ]INISTRUCTIONS TO CLAIMANT A. A claim relating to a cause of action for death or for injury to person or to personal propertyor 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 nine 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. ■ ■a■■■■■■aa■■■■■■■■■ ass■a■■■aas aa■aAna a■ago■■■■■■a■■a■■man■■a■a■■■■a■■aa■•■■■ al RE: Claim By: Reserved for Clerk's filing stamp RECEI ED a6!6- o ._ �e ) OCT 2 8 2008 A t the/Cointy of Contra Costa or ) .�.p� CLERK BOARD OF SUPERVIsolls /a ` &14 - �ST�' C69GNTY District) CONTRACt;�STACo. (Fill in the name)Ccs;«T2✓3 ��srR-� PZRr•The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named district in the sum of$ P,(3 0 0. / and in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact date and hour) . /C9//O/CPS , v`� %8 /-0 2. Where did the damage or,injury occur? (Include city and county) 3. How did the damage or injury occur? (Give full details;use extra paper if required) 4. What particular act or omission on the part of county or district officers, servants, or employees caused the injury or damage? &/A!/(-,/q 0 VJ If 5 What are the names of county or district officers, servants, or employees causing the damage or injury? Uov�C/J6 KI N 6. WL-zl damage or injuries do your claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage.) 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage,) 8. Names and addresses of witnesses, doctors, and hospitals: U�v�Nvc,cl>c! 9. List the expenditures you made on account of this accident or injury: DATE TIME AMOUNT A as a a as as a as a a as as a as now s■aa■aamp a■t a■■a aaa ass a■Ran■■a as as D a a agog*Ila as a a as a a am RD ass 31 .Gov. Code Sec. 910.2 provides "The claim shall be signed by the claimant or by some person on his behalf." SEND NOTICES TO: (Attorney) ) Name and address of Attorney 0/-r#� ' - ©# octpc�p- Y[50r— t ) (C ant's Signature) (Address) Telephone No. `x-67 elephone No. 3 f 2— K own as Inv 0 —aownas■nv0 am as Doan....,■aa.a....m s as a....a......■..o■.a s a a,a..a..a s a.m a a o a.n a a.m..m. 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, §9 6500 et seq.) Furthermore, any attachments, addendums, or supplements attached to the claim form, including medical records;are also subject to public disclosure. ■ 2maa..a.aa.e no aaa■ a mean a a a at mass a a Nomogram me aao.aassaa.oaoa■moua..m■man an a■ona■Knot 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. N 3 . Ilk COD w, W 4, U,