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Home My WebLink AboutMINUTES - 10282008 - C.15 AMENDED CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY BOARD ACTION: OCTOBER 28, 2008 Claim Against the County, or District Governedb ) 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. (�gQI� you is your notice of the action taken on your claim by the Board of OCT 01 2008 Supervisors. (Paragraph IV below), given Pursuant to Government Code COUNTY COUNSEL Section 913 and 915.4. Please note all AMOUNT: CLAIM OVER,'.$25,000.WRTINEZCALIF. "Warnings". CLAIMANT:FRAN ABAR, Estate of Robert Abar, Deceased ATTORNEY.GREGORY C. CATTERMOLE DATE RECEIVED: OCTOBER 01, 2008 CARCIONE, CATTERMOLE, OCTOBER 01, 2008 ADDRESS: DOLINSKI, ET AL. , LLP BY DELIVERY TO CLERK ON: 601 BREWSTER AVENUE SEPTEMBER 30, 2008 REDWOOD CITY, CA 94063 BY MAIL POSTMARKED: FROM: Clerk of the Board of Supervisors . TO: County Counsel Attached is a copy of the above-noted claim. OCTOBER 01, 2008 DAVID TWA, Cle Dated: By: Deputy 11. FROM: County Counsel TO: Clerk of the Board of S pervisors 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 la claim (Section 911.3). ( . Other: �I/ I{S �Cl1fn SYI;U 0114, k . Dated: B : ACounty 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.KOARD ORDER: By unanimous vote of the Supervisors present: (vJ 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 �jt�his date. " Datezw:;� Z y o2f�,QVID 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 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 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.aZa**M J40 /DAVID TWA, CLERK By eputy Clerk r y This warning docs not-apply to claims which are not subject to the.,California.Tort Claims Act such.as actions'in inverse;con;demnation, actions for specific relief such,as,mandamus or injunction, or Federai-Civil Rights claims. The above list is not exlaustive;atd`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 Ifmitations applicable to actions not subject to the California Tort Claims Act 5107249826 Line 1 10:38:11 a.m, 09-25-2008 2/3 CLAIM PRESENTED TO THE CITY OFPI OLE Please read the instructions on the back before com letin FORM 4.1 1. Claimant's Name: (Please Print) R ry g Stamp Fran Abar , Estate of Robert Abar , Deceased C Claimant's Address: 1915 Valley View Drive c�F91- City, State,Zip: ceoq i Pinole . CA 94584 tyS <000 City ClCI Day Phone: ( ) —7379 Eve: ( ) rt S� 2. When did the damage or injury occur? Police Rep Month: March Day: 22 Year: 2008 Time: 8 : 24 a.m.,ore) p08- 40 3. At which location did the damage or injury occur? Intersection of San Pablo Avenue , Fern Avenue -and Alvarez Avenue , in the City of Pinole , California . 4. a. What happened and why is the City responsible? Robert Abar , while a pedestrian, crossing San Pablo Avenue , at Fern Avenue , in the crosswalk , died when struck by an a„t mm0 hi 1 Q C-12imant contends that: the iptaz-:QwGL! Q14 crosswalk , an'd street was in a dangerous and defective condition . b. Name and position of responsible City Employee(s), if known; Other than` listed on submitted claim, unknown . 5. What damage or injury occurred? - Robert Abar died . Lost the society , comfort , support and care of her son and incurred funeral and burial expenses . 6. Claim amount(only if less than$10,000): If the amount exceeds$10,000,please check the court for appropriate jurisdiction: Municipal Court(claims up to$25,000) X Superior Court(claims over$25,000) 7. How did you arrive at the amount claimed? Please attach documentation. Robert Abar died . He left behind a mother (Fran) who was dependent uponim, and . he left behind a father . 8. I declare and penalty pe 'nry under the laws of the State of California that the following information is true and correct,and that this declarationwas cu 'n5gptembQx2$2008 at Redwood City CA. Si at a 9tClaimant or Representative 9. Official Nohc and Correspondence Ifrepresented by an insurance company or an attorney,please provide the information requested below: Name and Capacity:(please print) Gregory C Cattermole , Attorney for Claimant CARCIONE , CATTERMOLE , DOLINSKI , ET AL . , LLP Address: 601 BrereslZrAvenup City,State,Zip: Re-dwnod City , CA 94063 Daytime Phone: (6 S 0) 367-6811 Evening: (s a m e) i . RE: FRANABAR v. CITY OF PINOLE COUNTY OF CONTRA COSTA PROOF OF SERVICE I, the undersigned, declare: I am employed in the County of San Mateo,State of California. I am over the age of eighteen and not a party to this action. My business address is 601 Brewster Avenue,Redwood City, California 94064. On September 30-1 2008, I served the attached document(s): CLAIM PRESENTED TO THE CITY OF PINOLE (§910 Government Code) X By First Class Mail,being familiar with the practice of this office for the collection and the processing of correspondence for mailing with the United States Postal Service,and deposited in the United States Mail copies of same to the business addresses set forth below,in a sealed envelope fully prepaid. By PERSONAL DELIVERY, and personally delivered, or caused to be delivered, same to the addresses listed below. City Clerk's Office CITY OF PINOLE 2131 Pear Street Pinole, CA 94564 COUNTY OF CONTRA COSTA Clerk of the Board of Supervisors 651 Pine Street, I"Floor, Rm 106 Martinez, CA 94553 I declare under penalty of perjury under the laws of the State of California that the foregoing is r true and correct. Executed on the above date at Redwojity, California. 162316/vm m U- C-i ry) c czs Ij CC, "A In >00 1,2 ;4 <") cc M O ca all wd cc a: 3: w z u