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Home My WebLink AboutMINUTES - 10072008 - C.12 (13) 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 )�1 The copy of this document mailed to California Goverrnnent Codes. �) you is your notice of the action taken IS'ectlon yourclaim by the Board of pervisors. (Paragraph IV below), $ ZD�aivenPursuant to Government Code AMOUNT: $4,130.72SEP O 913 and 915.4. Please note all BERBERT HASTING COUNTY COUNSEL "Warnings". CLAIMANT: BY: EURETTA HASTINYARTINEZ CALIF. ATTORNEY: UNKNOWN DATE RECEIVED: SEPT. 08, 2008 ADDRESS: P.O. BOX 1839 BY DELIVERY TO CLERK ON: SEPT. 08, 2008 ORINDA, CA 94563 RECEIVED FROM BY MAIL POSTMARKED: RISK MANAGEMENT SEPTEMBER 06 2008 FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DAVID TWA, C Dated: SEPTEMBER 08, 2008 By: Deputy II. FROM: County Counsel TO: Clerk of the Board of Su ervisors (/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). ( ) 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: �D� By:�(Z&a ., 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 9113). IV, jOARD 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&P,ofjg�Z64 %?.04KAVID TWA, CLERK, By T eputy 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 1 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: VWhW 4017ZOAWAVID TWA, CLERK, By eputy Clerk e This warning does„;,Pot ap ly to claims which are not subject to the California Tort Claims Act such as actions in inverse condemnation, actions for spec i c!relief such'as'mandamus or injunction, or Federal, Civil Riglits•claims. The above list is not exhaustive and legal consultation is essential,t9-,understand all the separate limitations period's 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 limitations applicable to actions not subject to the California Tort Claims Act 4 J • ,,ey ,a.. ~ .. 1 ' ... . jt.;`�Y ..ems BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY GSOa�p INSTRUCTIONS TO CLAIlYIANT 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.) BJ 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 945 5' 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. MEN■aaaaaaaaaaaaa■Man=■aaaaaaaaasaasa■aaa eaaa■■aa•■aaa■•a■■[aaaa[aaaaa[[aa[c[a[ RE: Claim By: Reserved for Clerk's filing stamp q�ULJAy, bat tY Ce ) 1 ) RECEIVE Against the County of Contra Costa or ) LSEP 0 S 2008 District) CLERK BOARD OF SU°ERV;1SORS (Fill in the name) ). CONTRA COSTA CO. The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named district in the sum of$ 3 eq,22:and in support of this claim represents as follows: 1. 'When did the damage or injury occur? (Give exact date and hour) 2. Where did the dama e or injury occur? (Include city and county) 0,AAA CA 9KS-t�l �3z CIO 3. How' did the damage or injury occur? (Give full details;use extra paper if required) 4. What particular act or omissions n thee part of county or district officers, servants, or employees caused the injury or damage? F-t 5 What are the names of county or district officers, servants, or employees causing the damage or injury? 6. VaEt dainage or injuries do your claim resulted? (Give full extent of injuries or damages caunei�l�ttach two estimates for auto damage.) '11am d,/+�Z�� G�.r-rte- 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: 9. List the expenditures you made on account of this accident or injury: o.� DATE TIME AMOUNT 1 a° ■ [■on"ant aaaa■a a[[■aKNOWN ataISBN aa[■aa■taaaa■aBoom aasaaaaaaaa aaaaaaaat■ ■a ataaaaaaaaal ) .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 27� (Claimant's Signature) �0 1/h39 MAJO .(A } (Address) Telephone No. ) Telephone No. Q 7,"D ZS LI ■ a a a a[■a a a a t a a a magma Mason am me a a a t a t a a[[a a![a a■l a a a a a a a■■a[a a[a a a a t t t a a a no ata a t a a a Bowl 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. go mango a Eaton ata ata■aaaa a a a a a■■a[■t a a a a a t t a a a a a a a a a a■a■a a t t t a[t t a a a a a t a a a am a a t[a a t a t{ 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. -0 r Peter I Nowicki Moiaga-Orinda Fire District Phone:(925)258-4599 Fire Chief 33 Orinda Way Fax:(925)253-0511 Orinda,CA 94563 Voice Mail(925)258-4500 IV July 20,2008 ✓'� Z a� , ,,�. Mr. and Mrs. Herb Hasting ,[ 132 Camino Sobrante Orinda, CA 94563 Dear Mr. &Mrs. Hasting, On behalf of the Fire District, I would like to once again apologize for the damage we caused to your property. Mostly, I want to express my deepest thanks for your very generous offer to help us out by covering any `out-of-pocket' costs or deductibles. We are very lucky to serve a community that works closely with the District in every regard. Very seldom to we come across someone so munificent as to offer to help pay for damage which we caused. You are surely very special people! The good news is that it appears that our insurance will pick up the entire tab, and there will not be any other expenses. The billing which we received from you has been submitted to our claims adjustors and we have requested that that the contractors be paid in a timely fashion. As the repairs progress, please let us know if we can be of any assistance. Once aga' ank you so much for your very generous offer. Sincerely, Pete Nowicki Day Construction 2925 Walnut Boulevard,Walnut Creek,CA 94.596 (925)202-9496 * License No.476322 July 14,2008 Mr.and Mrs.Herb Hasting 132 Camino Sobrante Orinda,CA 94563 Beam Replacement Replace main support beam in carport Patch and repaint all repaired areas to match existing Preliminary:Measure and special order 24 ft.long 4x12 Sr beam. Deliver and unload beam 4 hours $ 180.00 Meet with engineer N.C. 7/7/08 Michael 7 hrs. 315.00 Javier 7 315.00 Cruz 7 175.00 7/8/08 Michael 2 90.00 Javier 6 270.00 Cruz 6 150.00 7/9/08 Michael 4 180.00 Javier 7 315.00 Cruz 7 175.00 7/10/08 Michael 4 180.00 Javier 7 315.00 Cruz 7 175.00 Ryan 2 50.00 7/11/08 Michael 6 270.00 Javier 6 270.00 Cruz 6 150.00 Sub Total $3,575.00 Materials (see receipts) 555.72 Total $4,130.72 .. to }.f't sA All V' U i L . h . i. E. 4 .