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Home My WebLink AboutMINUTES - 12092008 - C21 ti AMENDED 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 on your claim by the Board of gpgG25II7�1ZMupervisors. (Paragraph IV below), Section Pursuant to Government Code DEC 0 12008 Section 913 and 915.4. Please note all AMOUNT: $5,000.06, Or more COUNTY COUNSEL 'Warnings". MARTINEZ CALIF. CLAIMANT: BRETT LEWIS G-22121 6506U DECEMBER 01, 2008 ATTORNEY: UNKNOWN DATE RECEIVED: P.O. BOX 2400 DECEMBER 019 2008 ADDRESS: SUSANVILLE, CA BY DELIVERY TO CLERK ON: 96127-2400 RECEIVED FROM COUNTSi BY MAIL POSTMARKED: CyMI TSEL - FROM: Clerk of the Board of Supervisors TO: County Counsel . Attached is a copy of the above-noted claim. DECEMBER 01, 2008 DAVID TWA, Cle Dated: By: Deputy II. FROM: County Counsel TO: Clerk of the Board of Su ervisors („YThis 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--aeepp^llyy for leave �to_ present a late claim(Section 911.3). (vYOther: �I V)e- ConCea{j t'ol t 120 blit m hl- r Dated: i Z—I-DB By: Deputy County Counsel 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: (v4-��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. Dated,�i,��rs6�,�d�, VID 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. Datedelex, •»6ti//D Z.ad.FDAVID TWA, CLERK By Deputy Clerk This warning does not apply to claims which are not subject twthe California Tort Claims Act such as actions in inverse condemnation, actions for specific relief;such'as.lmandamus or . injunction, or Federal Civil Rights claims."The abovlist is nha 'not exu estive andl legal consultation is essenti'al'td.',ii derstand all the separate limitations periods that may apply. The limitations period within which suit must be filed may 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 r 72 1.. Rec ecC 0..1 2008 Brett Lewis C R 80A'�DOFSUp G-22121 6506U NTRAC STgCoVIgpRS P . O . Box 2400 Susanville , CA' ° C� F3 96127-2400D NOV 1 4 2008 November 10 , 2008 COUNTY(OcptCPL .MAR I Ii �Z CitL(F.. To .Office Of The City Counsel County Of Contra Costa Administration Building 651 Pine St . 9th Floor Martinez, CA 94553-1.229 Re : Claim of Brett Lewis Attn: Monika L . Cooper - Deputy County Counsel On May 29 2008 in Contra Costa County I BRETT LEWIS was arrested Case. 11137608-6 Felon in possession of a firearm CR1108-11411 and personal property was seized that had nothing to do with the case , 413101 (south pole shirt) 0102 (black snap on baseball cap)- #3103 (Indicia items from arabian ct) 1120427 (samsonite black bag containing indica to . lewis) 1160427 (:1 pair blue jeans , 1 black jacket with sumitomo tires logo) . On May 29 2008 I was arrested at my place of employment by Concord police dept . , The above listed property was seized . I was instructed to file a claim to have my property returned and I estimated the property value to be $5 , 000 . 00 or more . It is my desire to have my property replaced or to be reimbursed financially . I thank you in advance for your assistance in filing this claim. Any assistance you can provide to me is greatly appreciated . Sincerely, Brett Lewis f? � 6'. Y� -70 Co o CU N t�-' a P'n to . O Z r ON p ` � s tll # tb iD 1 O CD V i t4� ,i•.' O N Ol U N N tL m } yU o `ng .N U co , V� Fay'""'...•-.....-� OFFICE OF THE COUNTY COUNSELS_'✓_L SILVANO B. MARCHESI COUNTY OF CONTRA COSTA } COUNTY COUNSEL �. Administration Building �; _ _,• 651 Pine Street, 91"Floor SHARON L. ANDERSON _.= Martinez, California 94553-1229 ;» CHIEF ASSISTANT (925) 335-1800 n' O, '�_ z GREGORY C. HARVEY (925) 646-1078(tax) VALERIE J. RANCHE ASSISTANTS SpA-COUK� 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. [ ✓ ] 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. You are required to submit your claim on the proper fonn, 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. [ 18. Other: SILVANO B. MARCHESI COUNTY COUNSEL By: 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, California. Paula Webb Enclosure cc: Clerk of the Board of Supervisors (original) Risk Management Page 2 Za• v �n w Vit .. .y.•1"�' J. ru CD