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HomeMy WebLinkAboutMINUTES - 12092008 - C22 r. APPLICATION FOR AMENDED LATE 'CLAIM Ce Oct BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA DECEMBER 09, 2008. ACTION: I - Application to Filer Late Claim )OCT 2 2 2008 OTICE TO APPLICANT Against the County,Routing_ C�%�NTYCOUNSELThe copy of this document mailed to you is your Endorsements, and Board Action"'rRTINEZ CALIF notice of the action taken on your application by (All Section References are to ) the Board of Supervisors (Paragraph III, below), California Government Code ) given pursuant to Government Code Sections 911.8 and 915.4. Please note the `WARNING' below. Claimant: TAYANIE DIXON BY AND THROUGH HER GUARDIAN AD. LITEM, MICHELLE EASTLAND Attorney: MICHAEL D. MEADOWS Amount: $11'5009000.00 CASPER, MEADOWS, SCHWARTZ & COOK . Address: 2121 NORTH CALIFORNIA BLVDBy delivery to Clerk on: OCTOBER 22, 2008 SUITE 1020 ALNUT CREEK CA 94596 OCTOBER 22j 2008 j ? Date Receive, , B mail postmarked on I. FROM. kPt)f a 4M of Supervisors TO: County Counsel Attached is a copy of the above noted Application to File Later Claim. DATED: OCTOBER 22, 200%A3U TWA, Clerk. By: DEPUTY FROM: County Counsel TO: Clerk of the Boar of Su'pervisoig XX The Board should grant this Application to File Late Claim (Section 911.6) O The, Board should deny this Application to File Late Claim(Section 911.6) DATED: SILVANO B.MARCHER.,County Counsel, By: rn.l.R€�6-DEPUTY 1II. BOARD ORDER By unanimous voter of Supervisors present (Check one only) This application is granted (Section 911.6). O This application to Filer Late Claim is denied (Section 911.6) I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. DATE. c�c�s6o•,��'9/ DAVID TWA Clerk By: `' DEPUTY WARNING (Gov. Code 911.8) If you wish to file a court action on this matter,you must first petition the appropriate court for an order relieving you from the provisions of Government Code Section 945.4(Claims presentation requirement),See Government Code Section 946.6. Such petition must be filed with the court within six(6)months from the date your application for leave to present a late claim was denied. 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- . IV. ' FROM- Clerk of the Board TO: (1) County Counsel (2) County Administrator Attached are copies of the above Application. We notified the applicant of the Board's action on this Application by mailing a copy of this document,and a memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. DATED.� c-"?&-- ��_ DAVID TWA, Clerk. Bv: DEPUTY V: FROM: (I) County Counsel (2) County Administrator TO: Clerk of t to Board of Supervisors Received copies of this Application and Board Order. DATED: County Counsel,By: County Administrator,By: APPLICATION FOR AMENDED LATE CLAIM FAA st F nF. r r y F This warning does not 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 I legal consultation is essential to understand all the separate limitations periods that may apply. The limitations period "w within�which suit must be tiled 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 not does it waive rights under the -statutes of limitations. applicable; to . actions 'not subject to the California Tort Claims Act. i i , F n , • • 1 Michael D. Meadows (State Bar No. 62110) CASPER, MEADOWS, SCHWARTZ&COOK 2 A Professional Corporation California Plaza 3 2121 North California Blvd., Suite 1020 RECEIVED Walnut Creek, California 94596 4 Telephone: (925) 947-1147 CCT 2 2008 Facsimile: (925) 947-1131 5 CLERK BOARD OF SUPERVISORS Attorneys for Plaintiffs CONTRA COSTA CO. 6 7 8 9 In the Matter of the Claim of: 10 TAYANIE DIXON by and through her AMENDED APPLICATION FOR Guardian ad Litem, MICHELLE PERMISSION TO PRESENT LATE 11 EASTLAND CLAIM [GOVERNMENT CODE §911.4] 12 against Unlimited Jurisdiction 13 COUNTY OF CONTRA COSTA 14 15 TO: THE BOARD OF SUPERVISORS, 16 Application is hereby made for permission to present the attached claim after 17 expiration of the time limit provided in Government Code Section 911.2. 18 1) As stated in the attached claim, claimant's cause of action occurred on or about 19 January 21, 2008. 20 2) The time for presentation of such claim under Government Code Section 911.2 21 expired on or about July 21, 2008. 22 3) The reason for the failure to present such claim within the time provided in 23 Government Code Section 911.2 was as follows: 24 Claimant was a minor, born on February 14, 2003, and was a minor during the 25 entire six-month period following the accrual of this claim and cause.of action. 26 1 declare under penalty of perjury, under the laws of the State of California, that 27 28 CASPER,MEADOWS, SCHWARTZ&COOK 2121 N.California Blvd., Suite 1020 Walnut Creek,CA 94596 Application for Permission to Present Late.Claim Page 1 TEL:(925)947-1147 FAX(925)947-1131 1 the foregoing is true and correct and that this declaration was executed on October 2 22, 2008 at Walnut Creek, California. 3 4 Michael D. Meadows 5 CASPER, MEADOWS, SCHWARTZ& COOK Attorneys for Plaintiffs 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CASPER,MEADOWS, SCHWARTZ&COOK 2121 N.California Blvd., Suite 1020 Walnut Creek,CA 94596 Application for Permission to Present Late Claim Page 2 TEL:(925)947-1147 FAX(925)947-1131 r - BOARD OF SV 'RVISORS OF CONTRA COSTA COUNTY ]Ir„fRUCT10N8 TO CLAIMANT' A. A claire 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 sixmonths 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.) i B. Claims must be. filed with the Clerk of.the Board of Supervisors as its office in Room 106, County Administration Building, 651 Pine Street, Mardr= CA 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims most be filed against each public entity. E. Fraud,. See penalty for fraudulent claims, Penal Code Sec. 72 at the end of this form. was Monmessaee MleeEureeenos e Meeee,eoM eeueMMMee.eeeeee emu■•,Mee,eE■Eeee,M.•MEMO 64 RE:. Claim By: Reserved for Clerk's filing stamp TAYANIE DIXON, by and through her Guardian ad Lftem, micHELLE EASTLAND , ). DECEIVED Against the County of Contra Costa or ) OCT i 2008 CLERK District). CONTRACOSTA PCVISO;?S (Fill in the name) ) The undersigned claimant hereby snakes claim against the County of Contra Costa or the above-named district in the sum of$ 1,500,000.00 and,in support of this claim represents as follows: 1. When did thedarnaim gh or injury occur? (Give enact date and hour) December 1,-2007-throuJanuary. 21, 2008': 2. . Where did the damage or injury occur? (Include city and county) 6708 Arthur Street, Oakland, cA, Alameda county 3. How did the damage.or,injury occur? (Give full details; use extra paper if required) See attachment 4. Whax particular act or omission on the part of county.or district officers, servants, or employees . caused the injury or damage? Failure to disclose information necessary to safeguard children in the home where the incidents occurred. 5 What are the names of county or district officers; servants, or employees causing the damage or injury? Unknown at this time 6. What damage or injuries uo your claim resulted? (Give full ex._.,t of inluries or damages claimed. Attach two estimates for auto damage.) Severe emotional distress and possible injuries in the vaginal area. I ' 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) Damages are based on jury verdicts and settlements for comparable cases. 8. Names and addresses of witnesses, doctors, and hospitals: Laren,Siemens foster mother, Detective Herb Webber,.Principal Investigating Officer, Oakland Police Dept., Sheryl Poncini, Prosecuting District Attorney, County of Alameda, � . Children's Hospital, Oakland, CA da of tr nt: /22/08) 9. List the expenditures you made on acco=t o Phis acca or inlur}� I DATE TIiv1E AMOUNT Invoices for treatment costs are in the process of being obtained eosnsosoosoils-ago a woaosa■■odevawoma-ma Moa Masson■*Is a06.08.0604 I I Gov. Code Sec. 910.2 provides "The claim.shall be j signed by the claimanvor by some person on his behalf.' I SEND NOTICES TO: (Attorney) ) Name and address of Attorney ) MICHAEL D. MEADOWS ) Casper, Meadows, Schwartz & Cook) (C 3imam's Signature) AttCHAEL D_ MEADOWS2121 N. California Blvd.,. X1020 ) r Claimant Walnut Creek, CA 94596 2121 N. California Blvd., Suite 1020 . (Address) I j Walnut Creek, CA 94596 Telephone No. (925) 947-1147 ) Telephone No. (925) 947-1147 II i Ga emu sees an 0.668.004save 980mvemss sosesso asamoa auses Guam Inseam .aeons■6e*0 moa naoanea0, 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, §5 6500 et seq.).Furthertnam any attachments, addendutns,or supplements attached to the claim form, including medical records, are also subject to public disclosure. I ■&oa0.onto oso soon"Tina @movewoosemw essmose was onGmu■e ownla uooGae•uso-ass woo as a m Go 0.860%, JI 1 NOTICE: i Section 72 of the Penal Code provides.- Every rovides: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 fora 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 stateprison, by a fine of not exceeding ten thousand dollars ($10,000), or by both such im.prisonmentand fine: ATTACHMENT TO CLAIM FORM TAYANIE DIXON, by and through her Guardian ad Litem, MICHELLE EASTLAND Against the COUNTY OF CONTRA COSTA 3. Claimant is a minor, born on February 14, 2003. During the period in question, she was sexually assaulted on numerous occasions at her grandmother's home where she was residing, by a 14 year old boy. He had previously been placed in the residence as a foster child by the staff of the Contra Costa County Social Services Department. Beginning in approximately 2005, staff members at the Department of Social Services who were responsible for his placement were aware that he had been sexually abused and had a known history of sexually inappropriate behavior with other children. Despite having such information, the minor's foster mother was never informed of this history and, therefore, was not aware of the dangers to claimant presented by the foster child. At the time that the foster child was placed, the staff members responsible for the placement knew or should have known that other minors would occasionally be present at the residence and could be at risk based upon the foster child's history of sexually inappropriate behavior.