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HomeMy WebLinkAboutMINUTES - 11182008 - C.12 (25) 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 on your claim by the Board of Supervisors. (Paragraph IV below), OCT 2,3'2008M. given Pursuant to Government Code Section 913 and 915.4. Please note all AMOUNT: UNKNOWN COUNTY COUNSEL "Warnings". MARTINEZ CALIF. CLAIMANT: SOETANE, MENYON ATTORNEY: UNKNOWN DATE RECEIVED: OCTOBER 23, 2008 ADDRESS: 1150i' ROOKSIDE DRIVE 4511 BY DELIVERY TO CLERK ON: OCTOBER 23, 2008 SAN PABLO, CA 94806 RECEIVED FROM BY MAIL POSTMARKED: RISK MANAGEMENT FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DAVID TWA, Cl Dated: OCTOBER 23, 2008 By:By: II. FROM: County Counsel TO: Clerk of the Board of Swpervisors ( his 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 late claim (Section 911.3). O Other: Dated: By: /VI _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). IN/ BOARD 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: AVID TWA, CLERK, By Deputy Clerk WARNING(Gov. code<ection 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 r"4,e DAVID TWA, CLERK, By neputy Clerk This warning doe riot al`nyly to claims which are not subject to the California Tort Claims Act such as actions in inverse.condemnation, actions for specific retief'such`as-mandamus or injunction, or Federal-Civil Rights claims. The above list is not exhaustive and legal consultation is essential to=iinderstliii 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 do'"'it waive rights under the statutes of limitations applicable to actions not subject to the California Tort Claims Act F 1, • BOARD OF SUPEOSORS OF CONTRA COSTA COUW t INSTRUCTIONS TO CLAIMANT �S� 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 thaa one year after the accrual of the cause of action. (Gov. Code § 911.2.) OC� B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room I0 County Administration Building, 651 Pine Street,Martinez, CA 94553. �� rho �y 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 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. UNUM■sessss a s■assetees■■s■sssaasses sssssussssss s■sesasasaas■ssssesaasesss se ss RE: Claim By: Reserved for Clerk's filing stamp Against the County of Contra Costa or ) ZCorqtta ED District) (Fill in the name) ) 008 yi u�SO,The undersigned claimant hereby makes claim against the County oe ve-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) 2. Where did the damage or injury occur? (Include city and county) ��Ch�l to nc� , c • a4� 3. How did the damage or injury occur? (Give full details; use extra paper if required) mm±,�� car u)as -par1�4 6 h1 h,e-\,J -kvlp cwr� van . ori VQr w:qS red sln an�4 b�rnp�P i� rYty car I,eavin 00-410 o &ten fain s14. -H-v'h \r" - J 9 !S n 4. What partic ar act or omission on the,part of count} or district officers, servants, or employees caused the injury or damage? 5 What are the names of county or district officers, servants, or employees ONSTA'.C.°� �;T.. EEIVE ' damage or injury? porgy S stun n�eA OCT 0 7 ?.Ong RISK MANAGEMENT M 0 WL-at damage or injuries do your claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage.) rnU -Pp� WM &- COJ.e r 06 It --r; I l er,, (-0-x adg1'-hv� �J 7. How was the amount claimed above computed? (Include "I the estimated amount of any prospective injury or damage.) Ace a ,.a+e Aulo RUl.� — 'Ji-I 5153 Croe- kie7k � OCA 16 i q. y` v S. Names and addresses of witnesses, doctors, and hospitals: hlt>ne 9. List the expenditures you made on account of this accident or injury: Non e DATE TIME AMOUNT a UK a o a a o a a.a a.a SURER a■■■■ sun massaaa.a t a a a[a a a.a[Known ...■a a a.■...■[[[.l a m a[..[a n a l .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 ) aimant's Signature) (Address) Telephone No. ) Telephone No. (516) .a a a a.a a a a a a l a a a..■...■a. ....![......[...!t a l a l..KNEE am [.......t o[aaaaa am KKKSRXKKIl 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. ■ a MEN mum aaaaa■■a own a..a a am a.■■t a[....a a a[a.!a a a a■.aaaaa.....aaaaa■t MEN ONE ma. t a[■■a.a{ 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,OOD.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. �ROCKETT AUTO BODY • 900 SAN PABLO AVE / PINOLE, CA 94564 (510) 741-9001 FAX: (510) 741-9009 CD LOG NO 31423-1 DATE 09/12/08 SHOP: CROCKETTS PREMIER AUTO BODY INSP DATE: 09/12/08 ADDRESS: 900 SAN PABLO AVE, CONTACT: PAUL RAGATZ EPA�0 0. 54 PHONE l : (510) 741-9001 CITY STATE : -HOLE, CA FAX: (510) 741-9009 ZIP: 94564- OWNER: SAETANE, MEIYON CELL PHONE :. (510.) 837-1507 ADDRESS : 6 TRALEE CT CITY STA SAN PABLO, CA ZIP: 806 POINT OF IMPACT: 3 LIC# : 5RUA031 STATE : CA VIN: WDBLJ65G2WF018958 BODY COLOR: SILVER MILEAGE : CONDITION: ACCTNG CTL# : *=USER-ENTERED VALUE E=REPLACE OEM NG=REPLACE NAGS EC=REPLACE ECONOMY UE=REPLACE OE SURPLUS UC=RECONDITIONED PRT UM=REMAN/REBUILT PRT EU=REPLACE SALVAGE EP=REPLACE PXN OE=REPLACE PXN OE SRPLS PC=PXN RECONDITIONED PM=PXN REMAN/REBUILT TE=PARTL REPL PRICE ET=PARTL REPL LABOR IT=PARTIAL REPAIR I=REPAIR L=REFINISH BR=BLEND REFINISH TT=TWO-TONE CG=CHIPGUARD SB=SUBLET N=ADDITIONAL LABOR RI=R&I ASSEMBLY P=CHECK AA=APPEAR ALLOWANCE RP=RELATED PRIOR UP=UNRELATED PRIOR 1998 MERCEDES-BENZ CLK320 STD 2DOOR COUPE 6CYL GASOLINE 3 . 2 CODE: 32103A/A OPTNS F/24 OPTIONS : TWO-STAGE - EXTERIOR SURFACES TWO-STAGE - INTERIOR SURFACES OP GDE MC DESCRIPTION MFG. PART NO. PRICE AJ% Bo HOURS R -- --- -- ----------- ------------ ----- --- -- ----- - E 0006 COVER, FRONT BUMPER 2088800140 470 . 00 3 . 1 1 L 0006 13 COVER, FRONT BUMPER REFINISH 3 . 6 4 2 . 5 SURFACE 0 . 6 TWO STAGE SETUP 0 . 5 TWO STAGE E 0010 FILLER, FRONT BUMPER 2088850321 212 . 00 INC 1 L 0010 FILLER, FRONT BUMPER REFINISH 1 . 0 4 0 . 8 SURFACE 0 . 2 TWO STAGE ECM03 FLEX ADDITIVE ECONOMY PART 7 . 50* 4* PAGE 1 09/12/08 1998 MERCEDES-BENZ CLK320 D 2DOOR COUPE • CD LUQ NO 31423-1 N M1•3 , COLOR TINT ADDNL LABOR OPERA 0 . 5*4* SBM60 HAZARD. WSTE . REM. SUBLET REPAIR 4 . 00* 1* N COLOR TINT 2ND COLOR ADDNL LABOR OPERA . 0 . 5*4* 8 ITEMS MC MESSAGE (S) 13 INCLUDES 0 . 6 HOURS FIRST PANEL TWO-STAGE ALLOWANCE FINAL CALCULATIONS & ENTRIES GROSS PARTS 682 . 00 OTHER PARTS 7 . 50 PAINT MATERIAL 196. 00 PARTS & MATERIAL TOTAL 885 . 50 TAX ON PARTS & MATERIAL @ 8 . 750% 77 . 48 LABOR RATE REPLACE HRS REPAIR HRS 1-SHEET METAL 75 . 00 3 . 1 232 . 50 2-MECH/ELEC 89 . 00 3-FRAME 79 . 00 4-REFINISH 75 . 00 4 . 6, 1 . 0 420 . 00 5-PAINT MATERIAL 35 . 00 LABOR TOTAL 652 . 50 SUBLET REPAIRS 4 . 00 TOWING STORAGE GROSS TOTAL, 1, 619 . 48 NET TOTAL . 1, 619 . 48 SHOPLINK U0080 ES CD LOG 31423-1 DATE 09/12/08 08 : 43 : 21AM R6 . 37 CD 08/08 PXN : Y/00/00/00/00/00 CUM 00/00/00/00/00 GEOCODE 94564 - HOST LOG (C) 1998 - 2008 AUDATEX NORTH AMERICA, INC. 1 . 3 HRS WERE ADDED TO THIS EST . BASED ON AUDATEX TWO-STAGE REFINISH FORMULA. -------------------------------------------------------------------------- . THIS ESTIMATE HAS BEEN PREPARED BASED ON THE USE OF- CRASH PARTS SUPPLIED BY A SOURCE OTHER THAN THE MANUFACTURER OF YOUR MOTOR VEHICLE. ANY WARRANTIES APPLICABLE TO THESE REPLACEMENT PARTS ARE PROVIDED BY THE MANUFACTURER OR DISTRIBUTOR OF THE PARTS, RATHER THAN BY THE ORIGINAL MANUFACTURER OF YOUR VEHICLE . PAGE 2 09/12/08 09/12J2U8 at 09: 07 AM Job Number: 299'99 ` ACCURATE AUTO BODY License # :AJ196460 Federal ID # : 911829674 1095 BROADWAY SAN PABLO, CA 94806-2260 (510) 236-5576 Fax: (510) 236-5593 PRELIMINARY ESTIMATE Written By: DAN SILVA Adjuster: Insured: MEIYON SAETANE Claim # Owner: MEIYON SAETANE . Policy # Address: 6 TRALEE CT. Deductible: SAN PABLO, CA 94806 Date of Loss: Cellular: (510) 837-1507 Type of Loss: Point of Impact: 12 . Front Inspect ACCURATE AUTO BODY Business: (510) 236-5576 Location: 1095 BROADWAY SAN PABLO, CA 94806-2260 Insurance Company: Days to Repair 1998 BENZ CLK320 6-3 .2L-FI 2D CPE Int: VIN: WDBLJ65G2WF018958 Lic: 5RUA031 CA Prod Date: Odometer: Air Conditioning Rear Defogger Tilt Wheel Cruise Control Telescopic Wheel Climate Control Keyless Entry Theft Deterrent/Alarm Dual Mirrors Console/Storage Fog Lamps Clear Coat Paint Metallic Paint Power Steering Power Brakes Power Windows Power Locks Power Driver Seat Power Passenger Seat Power Mirrors Heated Mirrors AM Radio FM Radio Stereo Cassette Search/Seek Premium Radio Anti-Lock Brakes (4) Driver Air. Bag Passenger Air Bag Front Side Impact Air Bag 4 Wheel Disc Brakes Positraction Leather Seats Bucket Seats Automatic Transmission Overdrive Aluminum/Alloy Wheels -------------------------------------------------------------------------------- NO. OP. DESCRIPTION QTY EXT. PRICE LABOR PAINT ------------------------------------------------------------------------------- 1 FRONT BUMPER 2 Repl Bumper cover 3.2L w/o AMG w/o" 1 470. 00 2.5 2 . 6 washer 3 Add for Clear Coat CONTRA b(�-TACOUNT 4* Repl Impact strip 1 212 . 00 RX)GPIV150 54 Repl Flex additive 1 4 . 50 T OCT O 6# Subl Hazardous waste removal 1 2 . 00 X 7 2008 7# Color tint 1 0. 5R1SK MANAGEMENT Rpr Color sand and buff 1 . 0 1 09/12/2008 at 09: 07 AM Job Number: 29999 PRELIMINARY ESTIMATE 1998 BENZ CLK320 6-3 . 2L-FI 2D CPE Int: ------------------------------------------------------------------------------- NO. OP. DESCRIPTION QTY EXT. PRICE LABOR PAINT ------------------------------------------------------------------------------- ------------------------------------------------------------------------------- Subtotals =_> 688 . 50 4 . 0 3 . 6 Parts 682 . 00 Body Labor 4 . 0 hrs @ $ 75. 00/hr 300 . 00 Paint Labor 3 . 6 hrs @ $ 75 . 00/hr 270 . 00 Paint Supplies 3 . 6 hrs @ $ 35. 00/hr 126 . 00 Sublet/Misc. 6. 50 ---------------------------------------------------- SUBTOTAL $ 1384 . 50 Sales Tax $ 812 . 50 @ 8 .2500% 67 . 03 ---------------------------------------------------- GRAND TOTAL $ 1451 . 53 ADJUSTMENTS: Deductible 0. 00 ---------------------------------------------------- CUSTOMER PAY $ 0 . 00 INSURANCE PAY $ 1451 . 53 FOR YOUR PROTECTION CALIFORNIA LAW REQUIRES THE FOLLOWING TO APPEAR ON THIS FORM: ANY PERSON WHO KNOWINGLY PRESENTS FALSE OR FRAUDULENT CLAIM FOR THE PAYMENT OF A LOSS IS GUILTY OF A CRIME AND MAY BE SUBJECT TO FINES AND CONFINEMENT IN STATE PRISON. THE FOLLOWING IS A LIST OF ABBREVIATIONS OR SYMBOLS THAT MAY BE USED TO DESCRIBE WORK TO BE DONE OR PARTS TO BE REPAIRED OR REPLACED: MOTOR ABBREVIATIONS/SYMBOLS: D=DISCONTINUED PART A=APPROXIMATE PRICE LABOR TYPES : B=BODY LABOR D=DIAGNOSTIC E=ELECTRICAL F=FRAME G=GLASS M=MECHANICAL P=PAINT LABOR S=STRUCTURAL T=TAXED MISCELLANEOUS X=NON TAXED MISCELLANEOUS PATHWAYS : ADJ=ADJACENT ALGN=ALIGN A/M=AFTERMARKET BLND=BLEND CAPA=CERTIFIED AUTOMOTIVE PARTS ASSOCIATION D&R=DISCONNECT AND RECONNECT EST=ESTIMATE EXT. PRICE=UNIT PRICE MULTIPLIED BY THE QUANTITY INCL=INCLUDED MISC=MISCELLANEOUS NAGS=NATIONAL AUTO GLASS SPECIFICATIONS NON-ADJ=NON ADJACENT O/H=OVERHAUL OP=OPERATION NO=LINE NUMBER QTY=QUANTITY QUAL RECY=QUALITY RECYCLED PART QUAL REPL=QUALITY REPLACEMENT PART COMP REPL PARTS=COMPETITIVE REPLACEMENT PARTS RECOND=RECONDITION REFN=REFINISH REPL=REPLACE R&I=REMOVE AND INSTALL R&R=REMOVE AND REPLACE RPR=REPAIR RT=RIGHT SECT=SECTION SUBL=SUBLET LT=LEFT W/O=WITHOUT W/ =WITH/ SYMBOLS: #=MANUAL LINE ENTRY *=OTHER [IE. .MOTORS DATABASE INFORMATION WAS CHANGED] **=DATABASE LINE WITH AFTERMARKET N=NOTES ATTACHED TO LINE. MQVP=MANUFACTURER' S QUALIFICATION AND VALIDATION PROGRAM. OPT OEM=ORIGINAL EQUIPMENT MANUFACTURER PARTS EITHER OPTIONALLY SOURCED OR OTHERWISE PROVIDED WITH SOME UNIQUE PRICING OR DISCOUNT. NWCPP=NATIONWIDE CRASH PARTS PROGRAM. 2 09/12/2008 at 09: 07 AM Job Number: 2999 PRELIMINARY ESTIMATE 1998 BENZ CLK320 6-3.2L-FI 2D CPE Int: Estimate based on MOTOR CRASH ESTIMATING GUIDE. Unless otherwise noted all items are derived from the Guide ERI5769, CCC Data Date 08/01/2008, and the parts selected are OEM-parts manufactured by the vehicles Original Equipment Manufacturer. OEM parts are available at OE/Vehicle dealerships. OPT OEM (Optional OEM) or ALT OEM (Alternative OEM) parts are OEM parts that may be provided by or through alternate sources other than the OEM vehicle dealerships. OPT OEM or ALT OEM parts may reflect some specific, special, or unique pricing or discount. OPT OEM or ALT OEM parts may include "Blemished" parts provided by OEM's through OEM vehicle dealerships. Asterisk (*) or Double Asterisk (**) indicates that the parts and/or labor information provided by MOTOR may have been modified or may have come from an alternate data source. Tilde sign (-) items indicate MOTOR Not-Included Labor operations. Non-Original Equipment Manufacturer aftermarket parts are described as AM, Qual Repl Parts or Comp Repl Parts which stands for Competitive Replacement Parts. Used parts are described as LKQ, Qual Recy Parts, RCY, or USED. Reconditioned parts are described as Recond. Recored parts are described as Recore. NAGS Part Numbers and Benchmark Prices are provided by National Auto Glass Specifications. Labor operation times listed on the line with the NAGS information are MOTOR suggested labor operation times. NAGS labor operation times are not included. Pound sign (#) items indicate manual entries. Some 2006 vehicles contain minor changes from the previous year. For those vehicles, prior to receiving updated data from the vehicle manufacturer, labor and parts data from the previous year may be used. The Pathways estimator has a complete list of applicable vehicles. Parts numbers and prices should be confirmed with the local dealership. 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