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HomeMy WebLinkAboutMINUTES - 11182008 - C.12 (20) 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, ) OTICE TO CLAIMANT and Board Action. All Sectioni references are to ;��"„copy of this document mailed to California Government Codes. IY is you our notice of the action taken Y on your claim by the Board of ervisors. (Paragraph IV below), Lill �n Pursuant to Government Code AMOUNT: TO BE DETERMINED Off g ,?�08 Section 913 and 915.4. Please note all "Warnings". COUNTY COUNSEL CLAIMANT: MONICA MEADORS MARTINEZ CALIF. ATTORNEY: UNMOWN DATE RECEIVED: OCTOBER 29, 2008 OCTOBER 29, 2008 ADDRESS: 5120 CREELY AVENUE BY DELIVERY TO CLERK ON: . RICHMOND, CA 94804 , BY MAIL POSTMARKED: HAND DELIVERED FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. OCTOBER 29, 2008 DAVID TWA, Cle Dated: By: Deputy II. FROM: County Co nsel TO: Clerk of the Board of Supervisors( 4 (.KThis claim complies substantially with Sections 910 and 910.2. A ( ) 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). O 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). (v}/ther: C Q/? /yle 0.7 OK IC#0'7�0 en 600.7 o 40iO4-e-1 * R iCkmonol {Po 11C_ e: Dect_ sepur44Dov b1 Dated: C)5 C) By:� Deputy County Counsel / III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator(2) ( ) Claim was returned as untimely with notice to claimant(Section 911.3). JV.,BOARD ORDER: By unanimous vote of the Supervisors present: (vr: This Claim is rejected in full. O 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 ile,7y& 0J5AVID TWA, CLERK, By Deputy Clerk WARNING(Gov. code section 913) Subject to certain exceptions,you have only sig(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: AVID TWA,CLERK, By Deputy Clerk This warning,d.oes:, of apply to claims which are not subject to�sthe California Tort Claims Act such as actions intverse 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"withnn 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 waiverights under the statutes of ' limitations applicable to actions not subject to the California Tort Claims Act OFFICE OF THE COUNTY COUNSEL SE L SILVANO B. MARCHESI COUNTY OF CONTRA COSTA � ' O� COUNTY COUNSEL Administration Building 651 Pine Street, 91" Floor — ,• SHARON L. ANDERSON Martinez, California 94553-1229 •� �- " �? _ •,. CHIEF ASSISTANT (925)335-1800Qi qi ;4\1H zI GREGORY C. HARVEY (925) 646-1078(fax) ; ae�a O� VALERIE J. RANCHE k ASSISTANTS O`sr'`;COUK� NOTICE OF UNTIMELINESS AS TO A PORTION OF THE CLAIM November 7, 2008 TO: Monica Meadors 5120 Creely Avenue Richmond, CA 94804 Please Take Notice as Follows: In regards to the claim you submitted on October 29, 2008 on your own behalf, portions of the claim are timely and portions are untimely. The portions of the claim prior to April 29, 2008 that you presented against the County of Contra Costa governed by the Board of Supervisors fail to comply substantially with the requirements of California Government Code Sections 901 and 911.2, because they were not presented within six months after the event or occurrence as provided by law. Because the portions of the claim prior to April 29, 2008 were not presented within the time allowed by law, no action was taken on those portions of your claim. The claim was forwarded to the Board for action only on the timely portions of the claims. The only recourse at this time is to apply without delay to the County of Contra Costa governed by the Board of Supervisors for leave to present a late claim as to the claims which are untimely. See Sections 911.4 to 912.2, inclusive, and Section 946.6 of the Government Code. Under some circumstances, leave to present a late claim will be granted. See Section 911.6 of the Government Code. You may seek the advice of an attorney of your choice in connection with this matter. If you desire to consult an attorney, you should do so immediately. Please also be aware that the Richmond Police Department is a separate public entity from the County of Contra Costa. SILVANO B. MARCHESI COUNTY COUNSEL By: Monika L. Cooper Deputy County Counsel Page 1 CERTIFICATE OF SERVICE BY MAIL (Code Civ. Proc., §§ 1012, 1013a, 2015.5; Evid. Code, §§ 641, 664) I am a resident of the State of California, over the age of eighteen years, and not a party to the within action. My business address is Office of the County Counsel, 651 Pine Street, 9th Floor, Martinez, CA 94553-1229. On November 7, 2008, I served a true copy of this Notice of Untimeliness as to a Portion of the Claim by placing the document in a sealed envelope with postage thereon fully prepaid, in the United States mail at Martinez, California addressed to Monica Meadors, 5120 Creels Avenue, Richmond, CA 94804 as set forth above. I am readily familiar with Office of County Counsel's practice of collection and processing of correspondence for mailing. Under that practice, it would be deposited with the U.S. Postal Service on that same day with postage thereon fully prepaid in the ordinary course of business. I declare under penalty of perjury under the laws o h California and the United States of America that the above is true and correct. Executed on , at Martinez, California. *Pu Webb cc: Clerk of the Board of Supervisors (original) Risk Management Page 2 BOARD OF SUPERVISORS OF C:ONA KA l,va i n%_w ,,- 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 roust 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 See. 72 at the end of this form. .....................................................................Now.....m. RE: Claim By: Reserved for Clerk's filing stamp Monica Meadors ) } j RE Against the County of Contra Costa or > ('E�VEp Richmond Police Department } OCT 2 9 District) zoos (Fill in the name) ) CLERK 80 CoN gA0Fsup VISOaS OSTA CO. The undersigned claimant hereby makes claim against the County of Contra Costa o e above-named district in the sum of$ TBD and in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact date and hour) See attached documents. 2. Where did the damage or injury occur? (Include city and county) See attached documents. 3. How did the damage or injury occur? (Give full details;use extra paper if required) See attached documents. A. What particular act or omission on the part of county or district officers, servants, or employees caused the injury or damage? See attached documents. 5 What are the names of county or district officers, servants,or employees causing the damage or injury? Richmond Police Officers: Chris Decious and Eric Smith 6. What damage or injuries do your claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage.) see attached documents. T How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) 8. Names and addresses of witnesses,doctors, and hospitals: 9. List the expenditures you made on account of this accident or injury: DATE TIME AMOUNT ■YYY{sY{YYY{Y{sYYSY{YYYY{YesY{YY{{{oYYY.Yaw{YYYs{{s YtY ss Y{{ssYYYYYS YYY{Y ovum.*{{Y{{{t ) Gov. Code Sec. 910.2 provides"The claim shall be )signed by the claimant or by some person on his behalf." SEND NOTICES T0: (Attorney) 1 Name and address of Attorney (Claimant Signature) 5120 Creely Avenue Richmond, California 94804 ) (Address) 510 388-9073 Telephone No. )Telephone No. •s ss v*••s•Yssu s••••■s■•sss ms...•ss*sssss u{••usas*sssa-s man*mpg sommu••saxon*s{{u su 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. {Y{){{{YY{){Y{YYY{Y{!Y{/mass*YY{YY{{YIIYY!{{Y{YtYYYY){Y{{{YYYYYYY YIY{YYYY{YYYY{{{YYYI 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. Monica Meadors 5120 Creely Avenue Richmond, CA 94804 510-388-9073 CLAIM AGAINST THE COUNTY OF CONTRA COSTA TO BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA: You are hereby notified that MONICA MEADORS claims damages from the Richmond Police Department, County of Contra Costa as follow: 1. Claimant's address is 5120 Creely Avenue, Richmond, California, 94804. 2. The amount of damages at date of claim exceeds $10,000.00 and jurisdiction over this claim rests with the County of Contra Costa. 3. Richmond Police Officers Chris Decious and Eric Smith are the names of the public employee(s) causing injury/damages and loss claimed. 4. I am the owner of the property located at 5120 Creely Avenue, Richmond, California. On or about April 29, 2008 Richmond Police Officers Chris Decious and Eric Smith pushed their way into my home without consent, conducted an illegal search and seizure of my home. I had to call 911 for help of a sergeant for them to leave my home. 5. As a result of employee malfeasance, I Monica Meadors, have been injured, damaged and are suffering mental anguish, fear, disgrace, humiliation and embarrassment; my human, constitutional and civil rights violated. 6. The Richmond Police Department, is liable for acts of it's employees within the course and scope of their employment. Dated: October 28, 2008 r ►ArA�(^JI V � - Moilica Meadors ClaimAgainstTheCountyOfContraCosta 10-28-2008 z . � § � O0 a k m § § . E C - J 3k k 04 U. u f O O § 2 k k © § n k O # a w w q \ ° a § / go V k 8 � LLI _ § 9 f $ f 7 £ - v k A¥ cc p a 2 / �k0m CD \ / / k O O t .� )$#\ 20 a J o 0 0 « - HCl) w a . . LL) Q 22 a0 § toa § iZ 2 [ 2 ■ ■ ■ O2 E I . 'a 0 2 ) « ; ■ O 2 & ■ ■ d O O O ■ 0 s £ « E i k / to 2 { T. w } ! ■ _ O ƒ 2 )_ a. k / a / w CL \ § ! E / / E 8 ■ ■ 7 7 E 7 2 a o A o 0 Jr? E I a � � x�m o CL Q O� W Z 1 Q W O O m � 3aC=2Ftki x . F- a�' azu�jr W LL c .c SSE r `L° v' °i a>� m O d n t�ggi o a 2�C1K 1�- �. 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