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HomeMy WebLinkAboutMINUTES - 10142008 - C.12 (14) CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY BOARD ACTION: OCTOBER 14, 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 Supervisors. (Paragraph IV below), given Pursuant to Government Code AMOUNT: DAMAGES UNKNOWN Section 913 and 915.4. Please note all SEP 10 9 �11r'1 "Warnings". CLAIMANT: LaGRESSA CROSS COUNTY COUNSEL IF ATTORNEY: ANGELA CHAPPUS MARTIN DATELRECEIVED: SEPT. 09, 2008 A.G. ASSANTI & ASSOCIATES SEPT. 09, 2008 ADDRESS: 33 BROOKLINE ST. , BY DELIVERY TO CLERK ON: ALISO VIEJO, CA 92656 BY MAIL POSTMARKED: SEPT. 05, 2008 FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DAVID TWA, Clerl Dated: SEPT. 09, 2008 By: Deputy I1. FROM: County Counsel TO: Clerk of the Board of Supervisors �- (tefhis 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). (y<Other: The_ 60v"?2�( COSA dves ',oIt- ©CA�>/1. VYI4 fn4�117 o/ C40 i� ` -hc 7r l/ b o�s o/ em*e1v C__// be v� a� Q# Dated: c7' By: MC.,P . 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). 1V.,,BOARD ORDER: By unanimous vote of the Supervisors present: (� This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated:a od AVID 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 f 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:�Ql� '6yY /1r OMOAV1D TWA, CLERK, By Deputy Clerk This warning does not apply to claims which are not subject to,aheCalifornia Tort Claims Act such as actions in ipyefse condemnation, actions for specific relief such as mandamus or injunction, or Federal Civil Rights claims. The I. above list is not exhaustive aridlegal consultation is essential to 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. 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 1 Alessandro G. Assanti, Esq. (#181368) Angela Chappus, Esq. (#251739) 2 A.G. ASSANTI & ASSOCIATES, a P.L.C. 33 Brookline St. 3 Aliso Viejo, CA 92656 Telephone (949) 540-0439 4 Facsimile(949) 540-0458 5 Attorneys for Claimant, LaGRESSA CROSS 6 7 8 CLAIM FOR DAMAGES 9 10 I 1 LaGressa Cross, ) CASE NO.: 12 Claimant, ) 13 ) CLAIM FOR DAMAGES PURSUANT TO VS. ) GOVERNMENT CODE SECTION 911.2 14 ) DEPARTMENT OF TRANSPORTATION, ) 15 DISTRICT#4; COUNTY OF MARIN;and ) RECEIVE® 16 COUNTY OF'CONTRA COSTA, ) SEP 0 9 2008 17 Respondents. ) CLERK BOARD OF SUPERVISORS 18 ) CONTRA COSTA CO. 19 20 TO DEPARTMENT OF TRANSPORTATION, DISTRICT #4; COUNTY OF 21 MARIN; and COUNTY OF CONTRA COSTA: 22 Claimant LaGressa Cross submits the following claim pursuant to applicable 23 provisions of the California Government Code: 24 1. Claimant's Name and Address: LaGressa Cross, 17 Grove St., San Rafael, 25 CA 94901, (415) 235-3113. 26 2. Address to Which Notices Should be Sent: A.G. Assanti & Associates, 27 P.L.C., 33 Brookline, Aliso Viejo, CA 92656, (949) 540-0439, facsimile— (949) 540-0458. 28 -1- Claim for Damages rj 1 3. General Description of the Injury Incurred So Far As it is Known at the 2 Time the Claim is Presented: Property damage to Claimant's 2006 Yamaha Stratoliner S 3 and accessories, as well as a pinched ligament to the left knee of LaGressa Cross on March 6, 4 2008. 5 4. Description and Basis for the Claim: On March 6, 2008 a few yards west of 6 the Richmond Toll gate in San Rafael, California, Mr. Cross was merging from the number 7 two lane to the number one lane, when he was rear ended by another vehicle. 8 Said injuries were due to the intentional negligence and/or carelessness of the 9 County of County of Marin, County of Contra Costa, and Department of Transportation, to District#4, as Mr. Cross was directed to cross the lanes of traffic by the toll booth attendant. 11 As a result of said negligence, the County of County of Marin, County of 12 Contra Costa, Department of Transportation, District#4, caused injury to Mr. Cross and 13 caused him to suffer physical injuries and financial, emotional and general losses. 14 5. Names of Public Employees/Entities Causing the Injuries: County of 15 County of Marin, County of Contra Costa, Department of Transportation, District#4, and its 16 respective employees and/or agents whose names are presently unknown to claimants. 17 6. Amount of Damages Claimed: Damages unknown at the present time but 18 believed to be in excess of$19,000 in property damage, in excess of$75,000 medical 19 damages with an unknown amount of future medical damages and lost wages in excess of 20 $5,000.00. 21 DATED: September 4, 2008 A.G. ASSANTI & ASSOCIATES, P.L.C. 22 /1 23 t i 24 By: C AlessaAAro G. Assanti, Esq. 25 Angela Chappus, Esq. Attorney for Claimant, 26 LaGRESSA CROSS 27 28 -2- Claim for Damages 00 oar � N s ` � s rP,�oO t� n Jvu YAN �i u fOD 0 Q7 N tY d U. fs'Q311Nt� o 'm •:=•• LilCA U p < -0 7�., o co tn C3 ° © oU Q Ln ° 4 •�. itl C3 co 0 Lo f-0 a+ it 06 f11 N � Q i