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HomeMy WebLinkAboutMINUTES - 10072008 - C.12 (12) t J . CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY , 'BOARD ACTION: OCTOBER 07, 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 D �� pervisors. (Paragraph IV below), tsu V en Pursuant to Government Code AMOUNT: $23800/$2,900.00 c tion 913 and 915.4. Please note all 'Warnings". CLAIMANT: IiAYWARD L. BUTLER MARTINEZ CALIF. L ATTORNEY: UNKNOWN DATE RECEIVED: SEPT. 08, 2008 ADDRESS: 2065 RILEY COURT #3, BY DELIVERY TO CLERK ON: SEPT. 08, 2008 CONCORD, CA 94520 RECEIVED FROM BY MAIL POSTMARKED: RISK MANAGEMENT FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. SEPTEMBER 08, 2008 DAVID TWA, Cler Dated: By: Deputy II. FROM: County Counsel TO: Clerk of the Board of Sup rvisors (6r 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). ( ) Other: Dated: f 1 0 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: 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:Z�7 6��0 1 XoVVkVID TWA, CLERK, B 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:454>10e.JAV AVID TWA, CLERK, By eputy Clerk This warning doesngtrapply to claims which are not subjectito th' .California Tort Claims Act such as actions in iilyerse condemnation actions for specific relief such;as mandamus or injunction, or Federal'Civil, igfits claims. The above list is not ex_h'austive.-and V'egal i! PeS i�.: consultation is essential to understand all the separate limitations;,periodswtliat 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 wo r r 1 BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY ';' INSTRUCTIONS TO CLAIMANT 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 name 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. aa■•■Ea NERRE92M899a0 ■a■■■a■aaaaasoae■wantouwans■•Mason common NUMERMOKKKKE■ca al RE: Claim By: 2 Reserved for Clerk's filing stamp 1-�1�YWARa L VUTL-f—Kl FCOtJ CEIVE® Against the County of Contra Costa or ) P 0 ; 2008 ���09 CWLStr1Ct) CLERKAPG OF `JF'cRVISOHS (Fill in the name) ) A COSTA CO. The undersigned claimant b-preby makes claim against the County of Contra Costa or the above-named district in the sum of$ �evlffio and in support of this claim represents as follows: 1. When did the damage o injury occur? (Give exact date and hour) 8 19 108 I-X; 50 PNS 2. Where did the damage or injury occur? (Include city and county) SRONJ)W" � S C,01icoR'D 3• How did the damage or injury occur? (Give full details;use DR►VAR, Gu'1 extra pa er if required) �'C0 i � CLOSF ,vc`ACP, 4. What particular act or omission on the part of county or district officers, servants, or employees caused.the injury or damage? 5 What are the names of county or district officers, servants, or employees causing the damage or injury? k f r � r^ ).�.. .4, t .j .� � '� l � . i e . , 1 ` i t � . t+ _ `. t t y 1 � A �6. Wnzt damage or injuries do your claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates r auto T age.) 'n Rvr� ,IU�z�) 5160'v-� 7. How was the amount claimed above computed? (Include th estimate amount of any prospective injury or damage.) f ©O ` �t3l7 8. Names and addresses of witnesses, doctors, and hospitals W ti i N 1 J P D 1n © � 9. List the expenditures you made on account of this accident or injury: DATE AMOUNT mom Ramona a s a a a a a.a a a o a a■-a a a[Bassa■a[a■a a■f a■■a a[KRONE som a o a a a a a a a a.aaaa an a a 1 a t a a o[a o i ) .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) 1 Name and address of Attorney ) (Claimagt's Signature) (Address) ) 9- b77 33 Telephone No. ) Telephone No. o a4aaIa■as5aaa[aaa[aaaaa[aaaaaaa[..a......aaaa.aa..a......oa■aa oaa.a aoa aa■ aaa mato.coal 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. a a magnum a[a a■[ata[■ . .■a a a a a a a a.■[■a■a a a o a o■■a a and■ata■■a a a a a[l a l a a a a a a a a gema a a a a Nazii 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. 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