HomeMy WebLinkAboutMINUTES - 10072008 - C.12 (17) 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
�6�Bt� on your claim.by the Board of
Supervisors. (Paragraph IV below),
SEP 0 5 2008 given Pursuant to Government Code
AMOUNT: $8,000,000.00 COUNTY COUNSEL Section 913 and 915.4. Please note all
MARTINEZ CALIF. "Warnings".
CLAIMANT: DESIREE HARDING
ATTORNEY: DORIS CHENG DATE RECEIVED: SEPTEMBER 05, 2008
WALKUP., MELODIA, KELLY, SEPTEMBER 05, 2008
ADDRESS: WECHT. & SCHOENBERGER BY DELIVERY TO CLERK ON:
650 CALIFORNIA STREET, 26th FLOOR RECEIVED THROUGH
SAN FRANCISCO, CA 94108 BY MAIL POSTMARKED: FAXED
FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached isa copy of the above-noted claim.
SEPTEMBER 05, 2008 JOHN CULLEN er
Dated: By: Deputy
II. FROM: County Counsel TO: Clerk of the Board of S pervisors
(X 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:
1TDated: By. ep " County Counsel
111. FROM: Clerk of the Board TO: County Counsel.(1) County Administrator(2)
O Claim was returned as untimely with n 1 tic 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.
DatedC=944W O�AHN CULLEN, 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 covet 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 1 deposited in the United
States Postal Service in Martinez, California; postage fully prepaid a certified copy of.this
Board
,O,rdder and Notice to Claimant, addressed to the claimant as shown above.
DatedlsA.'ler, As-OKOHN CULLEN, CLERK By uty Clerk
This warning diot ply to claims which
are not subject to th& h]ifornia Tort Claims
Act such as actionsn niverse condemnation,
actions ror specific-relief such=as,inandamus'or
injungtion, or Fedenaf CivilRights claims. The
above list is not exhaustive and legal
consultation is essen'ti'aLto`,understand 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.
i
jThe County of Contra Costa does not waive any
j 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
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-,&muni Vt+'SUPERWSORS OF CONTRA COSTA COXNTY
r 1NSTRUCT7QNS_TO QIA 41V T
A A claim relating to a cause of action for dantli of for, injury to person or to personal property or
gro'wing Imps shall be presentcd not later than six montlxs after the aDarual of tha cause of
action, A claim relating to any other cause of action shall be presented not later than one year
after the aceaual of the cause of notion.
(Gov. Code § 911.2.)
B. Claims must be filed with the Clerk of the Board of Supervisors at its office iu Room 106,
County Administration Building, 651 Pine Street,Martinez,CA 94553. «
C. If claim is against a district governed by the Hoard of Supervisors, rattier than the County, the
name of the District should be filled in.
D. If tho claim is against more than one public entil.3 separate claims must be filed against each
public entity.
E. Praud. See penalty for fraudulent claims,penal Code Sec. 72 ut the end of this form.
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PCE; Claim Bv: R.eserved for Clerk's filing stamp
)
Desiree Harding _` ) RECEIVED
Against the CouLDty of Contra Costa or SEP U 2008
CLERK BOARD OF SUPERVIS03S
District) CONTRACOSTACO.
(fill in the name) }
The undersigned. claiment Lerebv makes claire against the. Cnunty of Contra Costa or the above-named
district in the sum of 5 8,000"M ` and in support of tins cluict repro stints as follows:
1. ''J+ htm did the damage of iiyjury oecur7 (Give exac�v dal; arS hour)
March 6, 2008.
2. Where did.the desnago or injury occur? (Include city and county) Within a marked crosswalk at
the intersection of Clayton Road and Roslyn DriVe, in the City of Concord,
County of Contra Costa, State of California.
3. _Haw did the dzmmgge or injury occur? (Give full dLWIs; ust extrisapet if required) Claimant
Desiree Ann Harding was Crossing Clayton Road. at Roslyn Drive in the City of Concord
amfA�i�I��rcr5Q�b�jjk :g��hs�vedswegiA6ruck,byeaa 699Ci itu�Jorbe60,n dCalifornia 1itens
4.
ate pardc ax act or onusston on the part of co or sinC GY21�e s,
gr
van b empTavetL.
caused thy initry or damage? The crosswalk, signage, confi guati on and condition of
this intersection constituted a dangerous condition.
5 What are the namex of county or diarrict officers, servants, or cuiplovees causing the
damage or injury?
Unknown at this time.
6, What dunage or injuries do your claim resulted? (Give Full e),-tent of injuries or damages
Claimed. Attach two estimates for auto damage.) i.?a ;menu has suffered severe
orthopedic and neurological injuries with resulting brain damage. She requires
24-hour attendant care.
7. liow was the amaumt claimed above computed? (Include the estimated amnumt of any
prospective injury or darnagm)
Jury verdicts and experience of a personal injury
attorney.
6. Names and addresses of witnesses,doctors, and hospitals:
John Muir Medical Center and others.
9. List the expenditures you made on account of this accident or injury:
DATE
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) Gov. Cods Sec. 910,2 provides"The claim shall be
) signed by the claimant or by some person on his -
behalf. '
SE1M NaTICEs Q: (Attorney) 1 _
Name and ad.dross of Attorney
Doris Cheng, Esq....
Walkup Meiodia Kelly & Schoenberger
650 California Street; .26th Flr
San Francisco, CA 94106
(415) 981-7210 ) (Address)
Telephone No. ) Telephone No.
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pl']BUC RECORDS NOTICE:
Please bt advised that this claim form, os any claim filed with the County under the Tort Claims Act, is subject to
public diselostre under the California public Records Act. (Gov. Coda, §§ 6500 et seq.) Furthermore, any
attachments, addend.ums, or supplomcnts attached to the claim form, including medical records, are also subject to
public disclosure.
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N0 j CE:
Section 72 of.he Perul Code provides_'
Every person who,with intent to defraud,presets for allowan:.e or for payment to any state board or officer, or
to any county, city, or district board or officer, authorizdd To allmu or pay the sarne if ganuine, any false or
fraudulent claim, bill, aeeount vouchar, or writing, is punishable co--r by inaprisonrnent in the County jail for a
period of not more than one year, by a fine of Dat exceeding one tbourmd dolltus ($1)000.00), or by both suah
imprisonment end fine, or by imprisonment in the state prisoN by a fine of not exceeding ten thousand dollars
($10,000), or by both such irnprisanment and fine.
Page 1 of 1
From: Origin 0):SFOA (415)881.7210 Ship Data:05SEP011
Rhonda Smith Fedhz, AcNygt 1.0 LB
Walkup Melotia at al e4m- I Systemfl,,8613812ANET0061
650 California Street Account#:S
28th Floor Delivery Address Bar 1Code
San Francisco,CA8d108 ,usr.unnx� I�I���IIIII IIIIIII�11 l�IIIIIIIIII IIIIUI��� III�I�III III
SHIP TO: (415)817-1253 BILL SENDER Ref Ik Harding-10181
Emy Sharp Invoice x
Board of Supervisors, Contra Costa Dept
51 PINE ST RM 106
MARTINEZ, CA 94553 -----
MON •08SEP A2
moi,RK4 7970 7981 2192 PRIORITY OVERNIGHT "
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94553
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After printing this label:
1- Use the'Print'button On this page to print your label to your laser or inkjet printer.
2. Fold the printed page along the horizontal line,
3. Place label in shipping pouch and affix it to your shipment so that the barcode portion of the label can be read and scanned.
WarningUse only the printed original label for shipping. Using a photocopy of this;abet to-shipping purposes is fraudulent and could
result in additional billing charges.along with the canceliation of your FedEx ;cccuri: r:umber.
Use of this system constitutes your agreement to the service conditions in the currert FedEr.iieMce Guide,available on fedex.com.FedE.x will not be
responsible for any claim in excess of$100 per package,whether the result of loss,damage,delay,non-delivery,misdelivery.or misinformaL'on,unless
you declare a higher value,pay an additional charge,document your actual toss and file a timely claim.Limitations found in the current FedEx Service
Guide apply.Your right to recover from FadEx for any loss,including intrinsic valtteof the package.loss of salos,income interest,profit,attorney's fees,
costs.and other forms of damage whether direct,incidentaLeonsequentlal,or spatial is limited to the greater of 5100 or the authorized declared value.
Recovery cannot exceed actual documented Ioss.Maxlmum for items of extraordinary value is 5500,e.g.Jewelry,precious metals,negotiable
instruments and other Items listed in our ServiceGuide.Written claims must be filed within strict tme iimits,see current FedEx Service Guide.
https://u�vw.fedex.cora/shippinglhtml/em'PrintiFiarne.hi,mi 9/5/2008
WALKUP, MELGDIA, KELLY, WTEC'i-dT & SCHOENBERGER
Caw Offices,A Professional CArpotatton
September 5, 2008
VIA FACSIMILE AND FEDERAL EXPRESS
RECEIVED
Emy Sharp, County Clerk
Board of Supervisors of Contra Costa County SEP 01.5 2008
651 Pine Street, Room 106
BOARD OF
Martinez, CA 94553 CLERK CONTRACOSTACO.ISOAS
Re: Our Client: Desiree Ann Harding
Date of Accident: March 6, 2008
Dear Ms. Sharp:
This follows our telephone conversation of today's date wherein
you agreed to accept, process and file our Claim via facsimile as of
today's date, thereby causing our claire to have been filed on September
572008* ,.
. We also agreed to deliver the hard copy to you on Monday
Septemb ,
Thank you for your professional courtesyand cooperation in this
matter.
Very truly yours,
Rhonda Smith
Secretary to Doris Cheng
\rs
Enclosure
650 CALIFORNIA STREET, 26TH FLOOR DORIS CH£NG TELEPHONE (415) 981-7210
SAN FRANCISCO, CALIFORNIA 94108-2615 dchentICawalkupldwoffice.corrl F4csIMILE (41 5) 391-6965
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY
1NST"CTIONS TO C)<A.TIN1„ANT
A. A claim relating to a cause of action for death or for ittjury to person or to personal property or
growing crops shall be presented not later than six months ager the ancrual of the cause of
action. A claim relating to any other cause of actiou 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 Administralion 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.
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RE: Claim Bv: Reserved for Clerk's thug stamp
Desiree Harding }
Against the County of Contra Costa or )
SSP 0 8 2008
District)
(Fill in the name) ) USTp ERV430,'J$
} co.
The undersigned. claimant berebv makes claim against the County of Contra Costa or the above-named
district in the sum of S 8,000,000 and in support of this claim represents as follows:
1. When did the dtunage or injury occur? (Give exact date and hour)
March 6, 2008.
2. Where did the damage or injury occur? (Include city and county) Wi thi n a marked crosswal k at
the intersection of Clayton Road and Roslyn Drive, in the City of Concord,
County of Contra Costa, State of California.
3. _How did the damage or injury occur? (Give full details; use extra papet if required) Claimant
Desiree Ann Harding was crossing Clayton Road at Roslyn Drive in the City of Concord
m cr3QW� k wpet�hs� sw� i ruck b 1995 Sayturn bedri:ndq California licens
4. �at ptirUc ar a,ct or omission out the part otCtrn�y of sbtYom�cens, suints;or evipToyees
caused the injur}l or damage? The crosswalk, signage, confi guati on and condition of
this intersection constituted a dangerous condition.
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 do your claim resulted? (Give hall extent of injuries or damages
claimed. Attach two estimates for auto damage.)
� Claimant has suffered severe
orthopedic and neurological injuries with resulting brain damage. She requires
24-hour attendant care.
7. How was the amount claimed above computed? (Include the estimated amount of any
prospective injury or damage.)
Jury verdicts and experience of a personal injury
attorney.
S. Names and addresses of witnesses, doctors, and hospitals:
John Muir Medical Center and others.
9. List the expenditures you made on account of this accident or injury:
DATE TIME AMOUNT
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Gov. Code Sec. 910.2 provides"The claim shall be
} signed by the claimant or by some person on his
behalf."
SEND NOTICES T_O; (Attorney )
Name and address of Attorney )
Doris Cheng, Esq:;. } tura)
Walkup Melodia Kelly & Schoenberger
650 California Street :,26th Flr
San Francisco, CA 94108 )
(415) 981-7210 ) (Address)
Telephone No. )Telephone No.
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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, 55 6500 et seq.) Furthermore, any
attachments, addendums,or supplements attached to the claim form, including medical records, are also subject to
public disclosure,
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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.
�
WALKUP, MELODiA, KELLY, WEC1E T & SCHOENBERGER
Law Offices,A Professional Corporation
September 5, 2008
VIA FACSIMILE AND FEDERAL EXPRESS CZSEP 0 8 2008
RKI
Emy Sharp, County Clerk �� Acov/sods
Board of Supervisors of Contra Costa County
651 Pine Street, Room 106
Martinez, CA 94553
Re: Our Client: Desiree Ann Harding
Date of Accident: March 6, 2008
Dear Ms. Sharp:
This follows our telephone conversation of today's date wherein
you agreed to accept, process and file our Claim via facsimile as of
today's date, thereby causing our claim to have been filed on September
5, 2008. We also agreed to deliver the hard copy to you on Monday,
September 8, 2008 via federal express.
Thank you for your professional courtesy and cooperation in this
matter.
Very truly yours,
Rhonda Smith
Secretary to Doris Cheng
\rs
Enclosure
650 CALIFORNIA STREET, 26TH FLOOR DORIS CHENG TELEPHONE (415) 981-7210
SAN FRANCISCO, CALIFORNIA 941 08-2 61 5 dcheng@walkuplawoffice.com FACSIMILE (415) 391-6965
09.05108 15:29 FAX 415 391 6965 MALKUP LAW FIRM 10001/005
WALKUP, MELODIA, KELLY, NFECHT & SCHOENBERGEF,
Low Offices.A Professionoi corporotio,n
650 CAUrORNiA StPHET, 261h FLOOR TELEPHONE: 415981-.7210
SAN FRANCISCO, CA 94108-2615 FACSIMILE: 415-391-6965
FAX COVER PAO:E]l
DATE: September 5, 2008
Emy Sharp
TO: Board of Supervisors of Contra Costa FAX NUMBER: (925) 335-1913
County
FROM: Rhonda Smith on behalf of Doris Cheng
RE: Desiree Ann Harding
Pages (inti. cover):
Originals/Hard Copies will follow by U.S. Mail
COMMENTS:
FAX OPERATOR: —
!f you do not receive all pages or if the copy is not legible,please call the tax operator at
(415)981-7210 as soon as possible__ i
The information contained in this Facsimile message is attorney privileged and cunfiaential information intended only for the use
of the individual or entity named above. If the reader of this message is not the intended recipient or the employee or agent
responsible for delivery to the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this
Communication,is strictly prohibited.
If you have received this communication In error,please immediately notify us by telephone.