HomeMy WebLinkAboutMINUTES - 11182008 - C.12 (16) J
CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY
BOARD ACTION: NOVEMBER 18, 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 . Ike copy of this document mailed to
California Government Codes. you is your notice of the action taken
(�7 n your claim by the Board of
pervisors. (Paragraph IV below),
en Pursuant to Government Code
OCT 16 2008 ction 913 and 915.4. Please note all
AMOUNT: TO BE DETERMINED "Warnings".
COUNTY COUNSEL
CLAIMANT: ANGEL SAUCEDO MARTINEZ CALIF.
ATTORNEY: ADRIANA ABREU, ESQ. DATE RECEIVED: OCTOBER 16, 2008
THE CARDOZA LAW OFFICES, INC, OCTOBER 16, 2008
ADDRESS: 1220 OAKLAND BLVD. , STE.20d3Y DELIVERY TO CLERK ON:
WALNUT CREEK, CA 94596
BY MAIL POSTMARKED: OCTOBER 15, 2008
FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
OCTOBER 16, 2008 DAVID TWA, Cie '
Dated: By: Deputy
II. FROM: County Counsel TO: Clerk of the Board of Su ervisors
(%)'Ihis 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 Boardcannot 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: P 57 'U By: /Y'7 C92,�—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�OARD 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:/1/Cm6'e//� mJ�DAVID TWA, CLERK, By vDeputy 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.
Datedtmr6C y dOAVID TWA, CLERK, By Deputy Clerk
This warning doe hot apply to claims which
are not subject to`the California Tort Claims
t,. 4
Act such as actions in inverse condemnation,
actions for specific:relief suchas5mandamus 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 Fort Claims Act
nor does it waive rights under the statutes of
limitations applicable to actions not subject to
the California Tort Claims Act
. r
10%14/2008 09:59 CONTRA COSTA COUNTY CLERK OF THE i 92742910 NO.715 D01
'r BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY
i 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
atter the accrual of the cause of action,
(Gov, Code § 911.2.)
I
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.
I
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RE; Claim By: Reserved for Clerk's filing stamp
RECEIVED
OCT 1
Against the County of Contra Costa or }
6, 2008
CLERK BOARD OF SUPERVISORS
District) CONTRA COSTA CO.
(Fill in the name) }
The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named
district in the sum of$ and in support of this claim represents as follows:
Tp 5E DETe RMWED
I. When did the damage or injury occur? (Give exact date and hour)
�ri� a2y, X008 ai' G1��►'DX�rt-lctff.�y 3•�d� P.m .
2. Where did the damage or injury occur? (Include city and county)
Claivnanf-. was it`urerl oP1 44d, 51deUDatk. ih jp"✓.
of 3y'7 9 St-:� t��'1'lSbu , Cov+dra CostzL� L'�4
3. How did the damage or injury occur? (GI full details; use extra paper 1f required)
4. What particular act or omission on the part of county or district officers, servants, or employees
caused the injury or damage?.-...... _ _..: . ...._.... _.....- - ..
-
5 What are the names of county or district officers, servants,or employees causing the
damage or injury?
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10,>14/2008 09:59 CONTRA COSTA COUNTY CLERK OF THE 92742910
NO.715 902
'Il
6. What damage or injuries do your claim resulted? (Give full extent of injuries or damages
claimed.. Attach two estimates for auto damage.)
� See Exh�b;t C ,
i 7. How was the amount claimed above computed? (Include the estimated amount of any i
prospective injury or damage.)
N14 ,
�t I.
R. Names and addresses of witnesses,doctors,and hospitals:
See 47 D
9. List the expenditures you made on account ofthis accident or injury:
DATE TIME AMOUNT '
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) Gov. Code Sec. 910.2 provides"The claim shall be I
)signed by the claimant or s me person on his
behalf" riGillct_ b est. E
SEND NOTICES TO: (Attornev) T�+ �a►efloz W DF'FiV SNG
Name and address of Attorney )
). (C ant's Signature)
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(Address) j
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Telephone No. )Telephone No. (942�i) Z q Al-2 9 Q d
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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, §§ 6500 at 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 tine 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 vrtiting;_is_punishable-either by-imprisonment-in-the County i4al fos aJ — J
— period of not more than one year, by a fine of not exceeding one thousand dollars ($1,000.60), or by both such
imprisonment and fine, or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars
($14,006),or by both such imprisonment and fine.
t {
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Angel Saucedo
Exhibit A
Claimant walked out of his house to.retrieve something from his car which was parked
directly in front of his residence. When he closed the car door, he slipped on loose gravel that
had been left on the sidewalk in front of his house. Claimant could not get up and had to be
carried inside by bystanders. Claimant's daughter phoned 911 and an ambulance took Claimant
to the emergency room. Claimant suffered personal injuries and is now confined to his bed with
weekly treatment and intensive care management.
Angel Saucedo
Exhibit B
Claimant is informed and believes and therefore alleges that Contra Costa County
engaged in the construction and the laying of gravel for approximately one year on the street
where Claimant's residence is located. Workers dug up the road and poured concrete onto the
street. After the project was finished, workers left piles of concreted and loose gravel in various
places on 9`h Street, including in front of Claimant's house.
Angel Saucedo
Exhibit C
Claimant has sustained several personal injuries, including, but not limited to, his left hip
and leg as a direct result of his fall. He has become bedridden and requires daily care to meet his
needs. Due to the injuries sustained, Claimant has suffered and continues to suffer severe pain
and suffering. Further medical records and bills will be provided to you upon our receipt of the
documents.
Angel Saucedo
Exhibit D
Emergency Room Physician: Joel Chiu, M.D.
Sutter Delta Medical Center
3901 Lone Tree Way
Antioch, CA 94509
Primary Care Physician Christopher Farnitano, M.D.
Pittsburg Health Center
2311 Loveridge Road
Pittsburg, CA 94565
Home Care Nurse Sutter VNA and Hospice
1900 Bates Avenue, Suite A
Concord, CA 94520
1
CARDOZA LAW OFFICES, INC.
1220 Oakland Blvd., Suite 200, Walnut Creek, CA 94596
Telephone (925) 274-2900 • Facsimile (925) 274-2910
RECEIVE®
OCT 1. 0 2008
October 15, 2008 J CLERK BOARD OF SUPERVISO,is
CONTRA COSTA CO.
Clerk of the Board of Supervisors
Contra Costa County
County Administration Building, Room 106
651 Pine Street
Martinez, CA 94553
RE. Our client: Angel Saucedo
Date of Loss: April 24, 2008
Dear Clerk of the Board,
Enclosed please find the original and one copy of our client's Government Claim Form.
Please file the enclosed document and return a file endorsed copy to this office in the postage
paid return envelope provided.
Thank you for your prompt attention to this request. If you have any questions or
concerns, please do not hesitate to contact this office at anytime.
Sincerely,
SParal
RDOZA LAW OFFICES
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