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Home My WebLink AboutMINUTES - 12092008 - C21 (5) CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY BOARD ACTION:?I6 � - Claim' Against the County, or District Governed by ) q DeCeMb� 200 the Board of Supervisors, Routing Endorsements, ) $/The NOTICE TO CLAIMANT and Board Action. All Section references are to ) copy of this document mailed to California Government Codes. you is your notice of the action taken on your claim by the Board of Supervisors. (Paragraph IV below), OCT 01 2008 given Pursuant to Government Code AMOUNT: UNKNOWN COUNTY COUNSEL Section 913 and 915.4. Please note all MARTINEZ CALIF. "Warnings". CLAIMANT: BRETT LEWIS - CDC# G-22121 SD48 - 1400 ATTORNEY: UNKNOWN DATE RECEIVED: OCTOBER 01, 2008 ADDRESS: P.O. BOX 2400 BY.DELIVERY TO CLERK ON: OCTOBER 01, 2008 SUSANVILLE, CA 96127=2400 BY MAIL POSTMARKED: SEPT. 26i' 2008 FROM: Clerk of the Board of Supervisors TO:• County Counsel Attached is a copy of the above-noted claim. OCTOBER Ol, 2008 DAVID TWA, Cler Dated: By: Deputy II. FROM: County Counsel TO: Clerk of the Board of Supervisors" 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 nr otilying 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: n �b� B( t ounsel 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). 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. Datedoc6e,r4'0.fy 4±4#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�.cG� d`�/D ,� PAVID TWA, CLERK, By ✓ Deputy Clerk I This warning does n®t apply to claims which are not subject to the=California Tort Claims Act such as actions in-,mverse�condemnation I i} ! i VV .�� .n �im.'T! 3 g";, 7 actions for specific relief such as- andamus or injunction, or Fedei'a&Ci,il Rights,claims. The above list is not.exhaustive and legal consultation is essential d,'understanad 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 limita'tions applicable to actions not subject to the California Tort Claims Act I . i j ` t I . i . . •,y�yQ-.i.-ehi �".: - :h�j. S'--�i l.V' Yw:rri..*.."3J\ OFFICE OF THE COUNTY COUNSEL S_ >✓__L SILVANO B. MARCHESI COUNTY OF CONTRA COSTA COUNTY COUNSEL Administration Building + j. =�.• 651 Pine Street, 91"Floor + -�` SHARON L. ANDERSON Martinez, California 94553-1229 CHIEF ASSISTANT 925 335-1800 AI i� GREGORY C. HARVEY � ) �� -?i��;1i1A1� tti .. ;� - (925) 646-1078(fax) `t VALERIE J. RANCHEASSISTANTS rA.CUiIKK'; NOTICE OF INSUFFICIENCY AND/OR NON-ACCEPTANCE OF CLAIM November 4, 2008 TO: Brett Lewis CDC # G-22121 SD48-1400 P. O. Box 2400 Susanville, CA 96127-2400 RE: CLAIM OF: Brett Lewis 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. [ ✓ 15. 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. You are required to submit your claim on the proper form,which is enclosed. Please resubmit your claim on the enclosed form, including all the required information. Gov. Code, § 910.4. Please be aware that you have only a limited period of time in which to file an amended claim. See Gov. Code, § 910.6. [ ] 8. Other: SILVANO B. MARCHER COUNTY COUNSEL Monika L. Cooper Deputy County Counsel 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 November 4, 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 Brett Lewis, CDC#G-22121, SD48 -1400, P. O. Box 2400, Susanville, CA 96127-2400, 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 4, 2008,�at Martinez C iforma. Paula Webb Enclosure cc: Clerk of the Board of Supervisors(original) Risk Management Page 2 RECEIVE® 07 1 2008 BOARD OF SUPERVISORS CLERK BOARD OF SUPERVISORS CONTRA COSTA CO. COUNTY OF Col)CM q d5�61f� n,BT DEMAND CLAIM FOR RETURN OF PERSONAL PROPERTY PURSUANT TO PENAL CODE SECTION 1538.5 AND 1540. PERSONAL PROPERTY 2/ ? /� DESCRIPTION: 4-31ol (5ovm ®oLe5�;eo {J�0.2�/®l0(,e 5 Y&(//L/ _d3/j Cl�iO� 3/03 (';171 pi /� Z"TeNiS fi2�r� Y2 7 rr cd iC7;9 ZQi7; ew s yz7. wi A 5en'o e mpo T%mss SEIZED PROPERTY LOCATION:—CO/7,'07W RQJIe,C ,aee° AGENCY: CU/I COAQ PO L i C P_ -92 1OPr Date of seizure: S aZ I, eJ�liC'6✓ L S declarant herein assert upon the COUNTY OF Coo Alza . GOS -16- the above named AGENCY CO-I Co/710 J?1P As CONSTRUCTIVE NOTICE and DEMAND for the return of my personal property described above. These items of personal property seized are legally my own and do not need to be retained as evidence or for any investigative or lawful purpose. TAKE NOTICE that declarant is being illegally deprived of his lawful personal property by the above named AGENCY. MEMORANDUM OF POINTS AND AUTHORITIES I DECLARANT IS ENTITLED TO HAVE PROPERTY RETURNED OR HAVE PROPERTY REPLACED. Statutory provisions of California Law pursuant to Penal Code Section 1538.5 et.seq., provide that all property seized shall be returned if not subject to lawful and proper seizure. The California Legislature has declared: "If it appears that the property taken is not in the warrant, or that there is no probable cause for believing the existence of the grounds on which the warrant was issued,the Magistrate must cause it to be returned to the person from whom it was taken." (Penal Code Section 1540) Page 1 a THE MAGISTRATE HAS THE DUTY TO ORDER PROPERTY RETURNED OR ORDER PROPERTY REPLACED. The California Legislature pursuant to Penal Code Section 1538.5 and section 1540 et. Seq., has determined that it shall be the duty of the Magistrate to make sure that property improperly taken must be restored or replaced ( Stern v. Superior Court, (1946) 76 Cal. App,2d 772; 174 P. 2d 34; Gershenhorn v. Sul2erior Court, (1964)227 Cal. App.2d 361. CONCLUSION WHEREFORE, it is respectfully requested by this DECLARATION AND DEMAND that ALL seized property belonging to declarant shall be returned to declarant forthwith by the aforementioned JUSTICE AGENCY. EXECUTED on the day ofseeTtni/�B2 , 20p�, at Susanville, Lassen County, California. Respectfully submitted, NAME:,012 — Print. T IN PROPRIA PERSONA Page 2 PROOF OF. SERVICE BY UNITED STATES MAIL Pursuant to C.C.P. §446, 1013(a) (c) And §2015.5; & 28 U.S.C.S 41746(2) 1 �T,r��TT LeGt/1-Sg y I, the undersigned, do heieb declare that 2 I am over the age of EIGHTEEN (18) years, and a citizen of the United. States, 3 and I /AM NOT a party to the within entitled cause of action. I am currently 4 a resident of'California Correctional Center, in Lassen County. My address is 5 P.O. BoxaZyo o , Susanville,.. California 96127-,Y00 , 6 I served the following documents with this Proof of Service by United 7 �Ply7/� States Mail, h/� ((yr• � , /l eTii /✓ pI` PeIs � d �7 L 8 9 AgenT,Y el) ��z6 ;T 7d �e� L C�z� P. Sc4T✓dy /S38SS Ia6 50/9/2-/7 01 Syo�20i s:Oi+s r0"v17T2 10 11 on the party(s) listed hereunder; 12 By placing either the Original(s) or a True' Copy(s) of the aforementioned 13 document(s) in a sealed envelope with all postage pre-paid into the California 14 Correctional Center's Legal Mail Deposit Box for delivery to the United States 15 Post Office in. Susanville,' Calif ornia, and addressed to the named person(s) at 16 the following address(es) : 17 18 19 20 21 22 This DECLARATION is sworn to under penalty of perjury and the laws of the 23 . State of California, that the foregoing is true andcorrectto the best of my 24 knowledge, information and belief. Executed this J day of the month of 25Se�7P/►!0P/!2-- in the year_2 at Susanville, Lassen County, 26 California. 27 T�/� P..T1 lie r✓ZS l��/ ® F'rinted Name of Declarant gnat Declarant OURT PAPER . TATE OF CALIFORNIA TO. 113(REV.3951 )SP 98 10924 / i ?008 ? BOARD OF SUPERVISORS „0,, , COUNTY OF Col)CoRIQ DEMAND CLAIM FOR RETURN OF PERSONAL PROPERTY PURSUANT TO PENAL CODE SECTION 1538.5 AND 1540. x PERSONAL PROPERTY DESCRIPTION: 0 GU7A ®O e lii/Z 7 13u7ne 136c, Cd'7 :v ' ' T 0 �w SZ7 7-r4lV5 O ANW6Z % /de.T WIA SN .. O ni lO SEIZED PROPERTY LOCATION: CD/Je,'04, �O i`Q,c ,t✓t'�'T AGENCY: ('0/1 CCl/Lcy� Date of seizure: or I, ge7-7- 1 Pe c.l- S _,declarant herein assert upon the COUNTY OF coot a ,the above named AGENCY C04Cc,11/J lek As CONSTRUCTIVE NOTICE and DEMAND for the return of my personal property described above. These items of personal property seized are legally my own and do not need to be retained as evidence or for any investigative or lawful purpose. TAKE NOTICE that declarant is being illegally deprived of his lawful personal property by the above named AGENCY. MEMORANDUM OF POINTS AND AUTHORITIES I DECLARANT IS ENTITLED TO HAVE PROPERTY RETURNED OR HAVE PROPERTY REPLACED. Statutory provisions of California Law pursuant to Penal Code Section 1538.5 et.seq., provide that all property seized shall be returned if not subject to lawful and proper seizure. The California Legislature has declared: "If it appears that the property taken Js not in the warrant, or that there is no probable cause for believing the existence of the grounds on which the warrant was issued,the Magistrate must cause it to be returned to the person from whom it was taken.” (Penal Code Section 1540) Page I THE MAGISTRATE HAS THE DUTY TO ORDER PROPERTY RETURNED OR ORDER PROPERTY REPLACED. The California Legislature pursuant to Penal Code Section 1538.5 and section 1540 et. Seq., has determined that it shall be the duty of the Magistrate to make sure that property improperly taken must be restored or replaced ( Stern v. Superior Court, (1946) 76.Cal.App.2d 772; 174 P. 2d 34; Gershenhom v. Superior Court, (1964)227 Cal. App.2d 361. CONCLUSION WHEREFORE, it is respectfully requested by this DECLARATION AND DEMAND that ALL seized property belonging to declarant shall be returned to declarant forthwith by the aforementioned JUSTICE AGENCY. EXECUTED on the day of�eZTO/L ,20 at Susanville, Lassen County, California. Respectfully submitted, NAME:JJ�eL �✓Ji S r Print. T IN PROPRIA PERSONA Page 2 PROOF OF SERVICE BY UNITED STATES MAIL Pursuant to C.C.P. §446, 1013(a) (c) And 52015.5; 28 U.S:C.S 61746(2) 1 � TT Lec�%LSI, g y,. the undersigned, do hereby declare that 2 I am over the age of EIGHTEEN (18) years, and a citizen of the United. States, 3 and(I /AM NOT a party to the within entitled cause .of action. I am currently 4 a resident of'California Correctional Center, in Lassen County. My address is 5 P.O. Box,, yo q , Susanville, California 96127 A YOO . 6 I served the following documents with this Proof of Service by United 7n i" States Mail, Df M)9h1 CLO;6; �d/2 1?e7y� l/✓ OIf1U-o/71Y-6- 8 ��1��'P�T.Y �'lJ��vt3�;T :�� e�;�l Camra P_ Sec,T✓'dv 3f,LS- s 92nD ZELO 230&W CZE vO�'2 s:��s r�V17Z:2 10 on the party(s) listed hereunder; 12 By placing either the Original(s) or a True' Copy(s) of, the aforementioned 13 document(s) in a sealed envelope with all postage pre-paid into the California 14 Correctional Center's Legal Mail Deposit Box for delivery to the United States 15 Post Office in. Susanville,' Calif ornia, and addressed to the named person(s) at 16 the following address(es) : 17 18 19 20 21 22 This DECLARATION is sworn to under penalty of perjury and the laws of the 23 . State of California, that the foregoing is true and. correct to the best of my 24 knowledge, information and belief. Executed this S- day of the month of 25 5Ee%t0l)v0e Z— in, the year_20�, at Susanville, Lassen County, 26 California. 27 �T �P�✓Ti� - ® ranted Name of Declarant gnat Declarant .OURT PAPER TATE OF CALIFORNIA TD. 113 IREV.3-951 )SP 98 10924 µ}�7+ •'+ P.n �4 SAin'..tP.1T YI� y.44ri R � "` �� S!Pd *�11.Y + ��'`"•* �'� O e;1+ [{ F:�Y htdw€�2 , 1 $`>ak �+ �. ,��ro�t4z'��,.. •m s,s „w+o t � �.� Psv �y�, .LZV 2AM ¢ y�, aWI , Nil , �\ t { H �t V h r� r Ij NS g is y � fi f -� t/�y yk G @q `. a r. ` gV a