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Home My WebLink AboutMINUTES - 10282008 - C.15 (20) % APPLICATION TO FILE LATE CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY , CALIFORNIA BOARD ACTION: OCTOBER 28, 2008 Application to Filer Late Claim ) ' NOTICE TO APPLICANT Against the County, Routing ) The copy of this document mailed to you is your Endorsements, and Board Action ) jpcwaDtice of the action taken on your application by (All Section References are to ) Board of Supervisors (Paragraph III, below), California Government Code1 5�P 200 oO,given pursuant to Government Code Sections 911.8 nd 915.4. Please note the `WARNING' below. COUNTY COUNSEL Claimant: ALEXANDER PEGUES MARTINEZ, CALIF. Attorney: UNKNOWN Amount: UNLIMITED Address: 47 NIGHTSHADE By delivery to Clerk on: SEPTEMBER 18, 2008 IRVINE, CA 92603 Date Received: By nail, postmarked on SEPTEMBER 16, 2008 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above noted Application to File Later Claim. DATED: SEPT. 18, 2008 DAVID TWA Clerk BY: DEPUTY FROM: County Counsel TO: Clerk of the Bo rd of 9upervisols ( ) The Board should grant this Application to File Late Claim (Section 911.6) (t The Board should deny this Application to File Late Claim (Section 911.6) q DATED: I'2-3' SILVANO B. MARCHESI, County Counsel, By: nl -��UTY III. BOARD ORDER By unanimous voter of Supervisors present (Check one only) ( ) This application is granted(Section 911.6). (1L00� This application to Filer Late Claim is denied (Section 911.6) Icertify that this is a true and correct copy of the Board's Order entered in its minutes for this date. DATE'! 9`��tiLZ0*Z"P DAVID TWA,Clerk, By: iGE7�� DEPUTY WARNING (Gov. Code 911.8) If you wish to file a court action on this matter,you must first petition the appropriate court for an order relieving you from the provisions of Government Code Section 945.4(Claims presentation requirement),See Government Code Section 946.6. Such petition must be Filed with the court within six(6)months from the date your application for leave to present a late claim was denied. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney:von should do so immediately- IV. FROM: Clerk of the Board TO: (1) County Counsel (2) County Administrator Attached are copies of the above Application. We notified the applicant of the Board's action on this Application by mailing a copy of this document,and a memo thereof has been tiled and endorsed on the Board's copy of this Claim in accordance with Section 29703. DATEllQW�4f a&9!!hAVID,TWA, Clerk, BY: DEPUTY el� 01 V. FROM: (1) County Counsel (2) County Administrator TO: Clerk of the Board of Supervisors Received copies of this Application and Board Order. DATED: County Counsel,By: County Administrator,By: APPLICATION TO FILE LATE CLAIM r_ . ' �yi n�i♦�.1YI• This warning does not apply to claims which are not subject to the California Tort Claims Act such as actions 'in inverse condemnation, actions for specific relief such as mandamus or injunction, or Federal Civil Rights claims. The above list is not exhaustive and legal 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. r Claim to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIlyIANT A Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or before December 31, 1987, must be presented not later than the 10&day after the accrual of the cause of action. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or after January 1, 1988, must be presented not later than six months after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Gov't 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 Against the County of Contra Costa or ,Oa,6 :!! 0 K,('Da.4a 004-9 District) � SEP 8 ?0p (Fill in e) �RkeOgRp 8 CONTRA OF SUAERVISO STq CO The undersigned claimant hereby makes claim against the County of Corrtra Costa or the ove-named district in the sum of$ AJ bMOe4nd in support of this claim represents as follows: 1. When did the damage or injury,occur?(Give exact date and hour) -4 iv u A li/ J1 ZM-?- Y' 110u-gl l ei-A)g9 CX 6vi 7�� 2. Wh did the damage or injury occur?(Include city and county) 0117 11 or- 3. ow did the damage or injury occur? (Give full details; use extra- aper if required) -� W41A(- �D cis �Volke w� Ih��ll : . 1ein% i u ks 6�0I ulyrvd b� LLQ t v Q. What particular act oo 'ssion on the part of count'or district officers,servants,or em oyees caused the injury or damage? ' C�tS`�-t7 De �1 �� e1 �— �g' S i 60G2 -ffq N k PAUL Y 01200--7-- 5. l2DD--7-S. What are the names of county or district officers, servants, or employees causing the damage or injury? �on9�-ha Cosmo �o� S'he2�s A�N� cp��-`� 6. What damage or injuries do you claim resulted?(Give full extent of injurie or damages claimed. two estimates for auto damage.) J s4 J r q-O 5-� e 2Ni ° -1 N � 7. How was the amount claimed above computed?(Include the estimated amount of any prospective injury or damage.) 1�,a5 10� GuS�ot�� l,c�►�I l� f�U.S!Nef-f eJ4?QN jV,�S R. Names and addresses of witnesses, doctors, and hospitals. PSR- -Scz* -C-Rgw P 4D 9. List the expenditures you made on account of this accident or injury. DATE TRa AM t#tttii##RRit*iM*it#i*RtiiR##i#t#*RR###Rt#RRR#iiiRRMttiRR##tttiRtRRRlit*lit#title#tit**i#t ) Gov. Code Sec. 910.2 provides"The claim must be ) signed by the claimant or by some person on his behalf." SEND NOTICES TO: (Attorney Name and Address of Attorney ) } (Claimant's %nature) (Addrm . y2y,N-e , C A ga X03 Telephone No. )Telephone No. -D3(07 67 q3 t#ttittt#at##tt#t#telt#*t**##t#ttti*t#itt*it#**sas*#tititRiR#RR#RR#RRR###litRR#titRRiRR4## N0110E Section 72 of the Penal Code provides: Every person who,with intent to deSattd,presents for allowance or the 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 Use or handuleat claim,bill.account, voucher,or writing,is punishable either by imprisonment in the countyjail for a period of not mote than one year,by a fine of not exceeding one thousand(51,000 or by both such imprisonment and fine,or by imprisonment in the state prison,by a fine of not ex=ading ten thousand dollars(510,000),or by both such imprisonment and fine. 1 Alexander Pegues 47 Nightsande 2 Irvine, California 92603 Sep 3 CONTRA COSTA COUNTY 00 County of the Board of Supervisors, ppNT9ap OSB 4 County Administration Buliding 9gCp SUa 651 Pine Street room 106, STg0'0 Spy 5 Martinez, California 94553 `S 6 Alexander Pegues, ) APPLICATION FOR LEAVE 7 Plaintiff, ) TO PRESENT LATE CLAIM BY ALEXANDER PEGUES 8 vs. ) CLAIMANT (GOVT C §911.4) 9 COUNTY OF CONTRA COSTA, ) 10 Defendant ) ) 11 12 TO the Board of Supervisors of Contra Costa County: 13 Apllication is hereby made, under Government Code §911.4, for leave to present late 14 claim founded on a cause of action for civil rights / personal injury, which accrued 15 on December 18, 2007, for which a claim was not presented within the 6 month period 16 provided by Government Code §911.2(a) . For additional circumstances relating to the 17 cause of action, reference is made to the proposed claim attached to this application. 18 The failure to present this claim within the 6-month period specified by Government 19 Code §911.2(a) was through excusable neglect, and the Board of Supervisiors of Contra 20 Costa County was not prejudices by this failure. 21 This application is being presented within a reasonable time after this cause of 22 action accrued, as more particularly shown by the attached declarations of Alexander 23 Pegues. 24 WHEREFORE, It is respectfully requested that this application be granted and that the 25 attached proposed claim be received and acted on in accordance with Government Code 26 §§911.4-913. 27 28 [Summary of pleading] - 1 1 Dated this S t er 15, 2 0 un 2 Alexander pegues 47 Nightsande 3 Irvine, California 92603 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 [Summary of pleading] - 2 two_ i REVER �do� d Omav l r p � i fi Yi � 0 i VII 7 1'1 w rS +N. iJU i 1