HomeMy WebLinkAboutMINUTES - 11182008 - C.12 (23) 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 ) ' The copy of this document mailed to
California Government Codes. ) ' you is your notice of the action taken
o ��gII�g on your claim by the Board of
Supervisors. (Paragraph IV below),
OCT Q 2008 given Pursuant to Government Code
Section 913 and 915.4. Please note all
AMOUNT: UNKNOWNSection
COUNSEL "Warnings".
MARTINEZ CALIF.
CLAIMANT: BEATRIZ LOPEZ
ATTORNEY: UNKNOWN DATE RECEIVED: OCTOBER 09, 2008
ADDRESS: 120 ANCHOR COURT BY DELIVERY TO CLERK ON: OCTOBER 09, 2008
BAY POINT, CA 94565
BY MAIL POSTMARKED: UNKNOWN
FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
OCTOBER 09 2008 DAVID TWA, Cle
Dated: By: Deputy
1I. FROM: County Counsel TO: Clerk of the Board of Supervisors
( ) This claim complies substantially with Sections 910 and 910.2.
Ni
This Claim FAILS to comply substantially with Sections 910 and 910.2, and we are so
ing 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: vfi2ML BDeputyy ounsel
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.6OARD 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.
DatedyUOl�ss»6`y/� AlA VID TWA, CLERK, By: eputy 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 1 deposited in the United
States Postal Service in Martinez, California, postage fully prepaid a certified copy of this
Board �Orrder and Notice to Claimant, addressed to the claimant as shown above.
Dated: dGmh4-11f
DAVID.TWA, CLERK By Deputy Clerk
This warning`1does not apply to claims which
are not subject to the,California Tort Claims
Act such as actions'<in inverse_condemnation,
actions for specific eliefsucli astmandamus or
injunction, or Federal Civil Rights el'aims. The
above list is not exhaustiveiand legal
consultation is essentihf to•urider'stand 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
OFFICE OF THE COUNTY COUNSEL SE L SILVANO B. MARCHESI
COUNTY OF CONTRA COSTA ' COUNTY COUNSEL
Administration Building
651 Pine Street,911 Floor • SHARON L. ANDERSON
Martinez,California 94553-1229 ; � -= f_- ;. CHIEF ASSISTANT
(925)335-1800 nt I ; 4' GREGORY C. HARVEY
(925)646-1078(fax) , .. an'a VALERIE J. RANCHE
ASSISTANTS
NOTICE OF INSUFFICIENCY
AND/OR
NON-ACCEPTANCE OF CLAIM
November 4, 2008
TO: Beatriz Lopez
120 Anchor Court
Bay Point, CA 94565
RE: CLAIM OF: Beatriz Lopez
Please Take Notice as Follows:
The claim you presented against the County of Contra Costa or District governed by the Board of
Supervisors fails to comply substantially with the requirements of California Government Code Section
910 and 910.2, or is otherwise insufficient for the reasons checked below:
[ ] 1. The claim fails to state the name and post office address of the claimant.
[ ] 2. The claim fails to state the post office address to which the person presenting the claim desires
notices to be sent.
[ ] 3. The claim fails to state the date,place or other circumstances of the occurrence or transaction
which gave rise to the claim asserted.
[ ] 4. The claim fails to state the name(s) of the public employee(s) causing the injury, damage, or
loss, if known.
[ ✓ ] 5' The claim fails to state whether the amount claimed exceeds ten thousand dollars ($10,000).
If the claim totals less than ten thousand dollars ($10,000), the claim fails to state the amount
claimed as of the date of presentation, the estimated amount of any prospective injury, damage
or loss so far as known, or the basis of computation of the amount claimed.
[ ] 6. The claim is not signed by the claimant or by some person on his or her behalf.
[ ] 7. You are required to submit your claim on the proper form,which is enclosed. Please resubmit
your claim on the enclosed form, including all the required information. Gov. Code, § 910.4.
Please be aware that you have only a limited period of time in which to file an amended claim.
See Gov. Code, § 910.6.
[ 18. Other:
SILVANO B. MARCHER
COUNTY COUNSEL
Monika L. Cooper
Deputy County Counsel
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 4, 2008, I served a true copy of this Notice of Insufficiency and/or Non-Acceptance of Claim by placing
the document in a sealed envelope with postage thereon fully prepaid, in the United States mail at Martinez,
California addressed to Beatriz Lopez, 120 Anchor Court,Bay Point, CA 94565, 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 of the State of California and the United States of America that
the above is true and correct. Executed on November 4, 2008, at Martinez, California.
Paula Webb v
Enclosure
cc: Clerk of the Board of Supervisors (original)
Risk Management
Page 2
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY
INSTRUCTIONS TO CLAIMANT
A. A claim relating to a cause of action for death or for injury to person or to personal propertyor
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
naive of the District should be filled in.
D. If theclaim 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.
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RE: Claim By: Reserved for Clerk's filing stamp
Against the County of-contra Costa or )
) OCT ?ao8
District) �CLF:RK 30AFD OP g�f;_� jiSG:aS
(Fi] jnAe name) ) CONTRA COSTA CO.
The undersigned claim an her y 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:
1. 'When did the damage or injury occur? (Give exact date and hour)
tSA--� ti2a e-,-a g',o y <!F:A"
2. Where did the damage or injury occur? (Include city and county)
� �—
3. How did thea amage or injury occur? (Give full details;use extra paper if 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.
e
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6. VArI-at damage or injuries do your claim resulted? (Give full extent of injuries or damages
claimed. Attach two estimates for auto damage.) j.� h�.s S ->V v�SeS
a r -1 ►�¢; Y� �- S ia-�¢ o s � �3� �i vac l�►cl:riot' ,� �c,ne.��.
7. How. was the amount claimed above computed? (include the estimated amount of any
prospective injury or damage.) N ��
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
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) .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) 1
Name and address of Attorney ) gal7l Zit-i,�_- 7
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(Address)
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Telephone No. ) Telep e No.C l
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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, 99 6500 et seq.) Furthermore, any
attachments, addendums, or supplements attached to the claim form, including medical records, are also subject to
public disclosure.
■AMEN a N N a N■■t■■!a t t a N N a■ a an as Rustona a a•■N a a•■N a a a a a a N a a a a a a a a a N a a a a a a a■was no a Pusan a a a
NOTICE:
Section 73 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.
i
During my regular exercise run on Tuesday,
'September 2nd (approx. 8:04pm) I was encountered
by a bent steel object impailed to the ground on
Pacific Avenue. As I ran in the area of the object, I
tripped over it and fell to the ground. I fell face first ,
injuring the majority of the right side of my body. I
received scratches and bruises throughout my leg,
mid torso and upper body.
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