HomeMy WebLinkAboutMINUTES - 10142008 - C.12 (15) 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
n your claim by the Board of
upervisors. (Paragraph IV below),
SEP 11 2008 given Pursuant to Government Code
Section 913 and 915.4. Please note all
AMOUNT: TO BE DETERMINED COUNTY COUNSEL "Warnings".
MARTINEZ CALIF.
CLAIMANT: LANCE JOHNSON
ATTORNEY: ANDREW C. SCHWARTZ DATE RECEIVED:
SEPTEMBER 11, 2008
CASPER, MEADOWS, SCHWARTZ
ADDRESS: AND COOK BY DELIVERY TO CLERK ON: SEPTEMBER 11, 2008
2121 No. CALIFORNIA BLVD. ,
SUITE 1020
WALNUT CREEK, CA 94596 BY MAIL POSTMARKED: HAND DELIVERED
FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
SEPTEMBER 11, 2008 DAVID TWA, Cler
Dated: By: Deputy
II. FROM: County Counsel TO: Clerk of the Board of Supervisors
( its 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: C By: ���,66� 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.
( ) Other:
I certify that this is a true and correct copy of the Board's Order entered in its minutes for
this date.
Dated: le4AWAVID 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
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
1 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.
DatedQC o&e,A , ,000-fDAVID TWA, CLERK, By Deputy Clerk
I
This warning does not apply to claims which
are not subject to'the!California Tort Claims
Act such as actions%[n.inverse condemnation,
actions for specific:relief'suc0a`s'Lm6ndamus or
injunction, or Federal:Civil Rights;claims. The
above list is not exhaustive and legal
consultation is essential,Ir!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
s
BOARD OSPERVISORS OF CONTRA COSJWOUNTY
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.
RE: Claim By: Reserved for Clerk's filing stamp
LANCE JOHNSON ) RECEIVED
Against the County of Contra Costa or )
SEP 1 1 2008
CLERK BOARD OF SUP'ERV'ISORS
Contra Costa County Sheriffs Department ) CONTRACOSTACO.
(Fill in the name) )
The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named
district in an amount to be determined and in support of this claim represents as follows-
1. When did the damage or injury occur? (Give exact date and hour)
March 14, 2008 at apx. 4:00 a.m.
2. Where did the damage or injury occur? (Include city and county)
6 Winifred Court, Antioch, CA, Contra Costa County .
3. How did the damage or injury occur? (Give full details; use extra paper if required)
Unknown Contra Costa County Sheriff Deputies unlawfully entered Claimant's residence,
where he was physically assaulted and falsely imprisoned.
4. What particular act or omission on the part of county or district officers, servants, or employees
caused the injury or damage?
Unknown Contra Costa County Sheriff Deputies unlawfully entered Claimant's residence,
where he was physically assaulted and falsely imprisoned.
1.
I
5 What are the names of county or district officers, servants, or employees causing the
damage or injury? The names of the officers are unknown at present.
6. What damage or injuries do your claim resulted? (Give full extent of injuries or damages
claimed. Attach two estimates for auto damage.)
Claimant suffered physical injuries (contusions and Taser wounds) and general damage.
7. How was the amount claimed above computed? (Include the estimated amount of any
prospective injury or damage.) To be determined.
8. Names and addresses of witnesses, doctors, and hospitals:
Claimant was taken by ambulance to Sutter Delta Medical Center.
9. List the expenditures you made on account of this accident or injury:
DATE TIME AMOUNT
To be determined.
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)_____)
Name and address of Attorney ) `
Andrew C. Schwartz ) 4
Casper, Meadows, Schwartz & Cook) (Claimant's Signature)
2121 No. California Blvd., Ste. 1020 )
Walnut Creek, CA 94596 ) 6 Winifred Court, Antioch, CA 94509
(Address)
Telephone No. (925) 947-1147 ) Telephone No. (925) 848-7761
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.
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.
2