HomeMy WebLinkAboutMINUTES - 01202009 - C.09 AMENDED CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY
BOARD ACTION: • JANUARY 20, 2009 .
Claim-Against flirt County, or District Governed by )
the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT
and Board Actioni Al qct ) The copy of this document mailed to
California Governme jC5t5 ) you is your notice of the action taken
JAN 1 3 2009 on yoixr claim by the Board of
C• Supervisors. (Paragraph IV below),
COUNTY COUNSEL given Pursuant to Government Code
MARTINEZ CALIF. Section 913 and 915.4. Please note all
AMOUNT: $25,Ooo,000.00 "Warnings".
BRIAN CUEVAS, a minor,
CLAIMANT:. EVELIA ONTIVEROS -.,JOSE CUEVAS
--- ---
ATTORNEY: ELIN09 LEARY DATE RECEIVED: DECEMBER 18, 2008.
THE VEEN FIRM, PyC.
ADDRESS: P.O. BOX 7296 BY DELIVERY TO CLERK ON: DECEMBER 18, 2008
SAN FRANCISCO, CA 94120-7296 .
BY MAIL POSTMARKED: DECEMBER 18, 2008
FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
JANUARY 13, 2009 DAVID TWA, Cle
Dated: — _ By: Deputy
11. FROM: County Counsel TO: Clerk of the Board of S ervisors
(-)'This claim w omplies substantially with Sections 910 and 910.2.
( ) This Claim FAILS to_comply.substantially with Sections''910,and 910.2, and we are so.
notifying claimont. The Board cannot act for 15 days (Section 910.8). ,
I '
O Claim is nbt timely filed. The Clerk should return claim on ground that it was filed late and
send warning o if claimant's right to apply for leave to present a late claim(Section 911.3).
O Other:
Dated: l — 63-02 By: i"Yl L' Deputy County Counsel
Y .0
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. POARD ORDER: By unanimous vote of the Supervisors present:
(� This ClAim is rejected in full. .
O Other:
i
I certify that this is a true and correct copy of the Board's Order entered in its minutes for
this date.
D � DAVID TWA, CLERK, By: _ Deputy Clerk
WARNING G,ov. code section 913)
Subject to certa it exceptions,you have only six(6)months from the date this noticewas 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 4 an attorney of your choice in connection with this matter.If you want to consult an
attorney,you SlOuld 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.ailetimes'herein mentioned,,have
been a citizenlof the United States, over age 18; and th6-t'oday I deposited in the United
States Postal gervice in Martinez, California, postage fully prepaid.a certified copy of this
Board Order end Notice to Claimant, addressed to the claimant as shown above.
Date DAVID TWA, CLERK By Deputy Clerk
i 1 1
This warning does not apply to claims which l'
are not subject toAe California Tort Claims;
Act such.as actions m inverse condemnation,;.: .
actions for specific Mjef such as mandamus or
injunction, or Federal Civil Rights;cl'aim`s4The
above list is not exhaustive and legal
consultation is essential to understand all the .
separate limitations periods that may apply. i
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
ofkits.rights under California Tort Claims.Act
4 nor does it waive rights under the statutes of,I.
limitations'fiplicable to actions not subject to
the California Tort Claims Act
. � I
I
I �
I �
i
� j
I �
i I
h ,.
BOARD OF MERVISORS OF CONTRA COSTASUNTY
STRUCTIONS 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 must be filed with the Clerk of the Board of Supervisors or 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.
■■■r rrrrrrrrrrrrrrrrrrrrlrrrrlrrlrrrrrrrrrrrr■MORMON rrrrr MOOR■■rrrrrr■■rrrrrrrrrrrrrrrrrrrurrrr mono rut
RE: Claim By: Reserved for Clerk's filing stamp
)
Brian Cuevas, a minor; Evelia Ontiveros; )
Jose Cuevas )
Against the County of Contra Costa or
District)
(Fill in the name) ) r E 1 2008 r
CLERK e
The undersigned claimant hereby makes claim against the County Zif o11 Costa or the above-named
district in the sum of$ 25,000,000 and in support of this claim represents as follows:
1. When did the damage or injury occur? (Give exact date and hour)
June 27, 2008
2. Where did the damage or injury occur? (Include city and county)
Contra Costa Regional Health Center; PHC Clinic, Pittsburg, Contra Costa County;
Diagnostic Imaging, Martinez, Contra Costa County
3. How did the damage or injury occur? (Give full details, use extra paper if required)
Medical negligence in the prenatal and birthing care, treatment plan, and diagnosis of Evelia
Ontiveros, Brian Cuevas and Brian's deceased twin.
4. What particular act or omission on the part of county or district officers, servants, or employees
caused the injury or damage?
Failure to timely or appropriately care for and deliver monchorionic, diamniotic twins; failure to
develop appropriate management plan for care and delivery of twins.
51 What are the names of county or district officers, servants, or employees causing the damage or
injury
Jose Yasul, M.D.; T. Madrigal, M.D.; Christine Sosinski, RDMS; Janet Goldman, M.D.
6. What damage or injuries Wut claim resulted? (Give full extent cjuries or damages
claimed. Attach two estimates for auto damage.)
Death of Baby Boy Cuevas; permanent disability of Brian Cuevas; full extent of injuries and
damages is being determined.
7. How was the amount claimed above computed? (Include the estimated amount of any
prospective injury or damage.)
Estimate of lifetime treatment, education and care for Brian Cuevas; general damages for
Brian Cuevas, his mother and father.
8. Names and addresses of witnesses, doctors, and hospitals:
Under investigation.
9. List the expenditures you made on account of this accident or injury:
DATE TIME AMOUNT
Under investigation.
SERUM Room //////ME././MEMO//ME////Room Mono./ME//MEMO ME■///MEMO mono MEN"mass uu/uuuouuuuMono ///Noun./u■
) Gov. Code Sec. 910.2 provides "The claim shall be
) signed by the claimant or by some person on his
SEND NOTICES TO: (Attorneyl ) behalf."
Name and address of Attorney )
Elinor Leary, Esq., No. 227232 )
Eustace de Saint Phalle, Esq., No. 179100 ) (Claim n% Signature) .
THE VEEN FIRM, P.C. }
P.O. Box 7296 ) THE VEEN FIRM, P.C.
San Francisco, CA 94120-7296 ) (Address)
)
P.O. Box 7?96, San Francisco, CA 94120-7296
Telephone No. (415) 673-4800 ) Telephone No. X415) 673-4800 1
■//././/////////.////.//////////./////./MEMO./NONE NONE./////./../..///././////
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, 5� 6500 et seq.) Furthermore, any
attachments, addendums, or supplements attached to the claim form, including medical records, are also subject
to public disclosure.
...................../.......................won...MORMONS........................................../............
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.
193524 l.doc
THE VEEN FIRM , PC
Trial Attorneys
711 VAN NESS AVENUE, SUITE 220
SAN FRANCISCO, CA 94102
800.700.0787 Toll-Free
415.673.4800 Main
415.771.5845 Fax
Mailing Address
TRANSMITTAL MEMO PO BOX 7296
SAN FRANCISCO, CA 94120-7296
December 17, 2008
WWW.VEENFIRM.COM
To: Clerk, Board of Supervisors ❑ PLEASE SIGN AND RETURN
Contra Costa County ® RETURN ENVELOPE ENCLOSED
County Administration Building ❑
651 Pine Street, Room 106 ENCLOSED FOR YOUR
INFORMATION
Martinez, CA 94553
❑ ENCLOSED PURSUANT TO YOUR
Re: Claim by Brian Cuevas, a minor, et al. REQUEST
Veen Firm No. 3845 [] PLEASE TELEPHONE ME AFTER
Enclosure: Claim REVIEWING THE ENCLOSED
❑ PLEASE CONTACT ME IF YOU
HAVE ANY QUESTIONS
YOUR COOPERATION IS APPRECIATED. ❑ PLEASE TELEPHONE FOR AN
APPOINTMENT
® PLEASE FILE ORIGINAL AND
RETURN ENDORSED COPIES
❑ PLEASE RECORD AND RETURN
CONFORMED COPIES
❑ PLEASE HAVE JUDGE SIGN
ORIGINAL,FILE WITH COURT,
AND RETURN ENDORSED-FILED
COPIES
® PLEASE FILE THE ORIGINAL AND
RETURN A COPY MARKED
"RECEIVED"OR WHATEVER IS
APPROPRIATE IN THE SELF-
ADDRESSED STAMPED
ENVELOPE ENCLOSED.
71
THE VEEN FIRM, P.C.
S. . 'Reilly, Paralegal
�g r
t
� h
4z Cz
O r m C.
vy o < o
C �d �•�-" - n � �' o N .
crn
cn0 W
� r
RE m
cc
t
9
7.{ a4Dcn �
ro
o,st m N
Dcr)
m
C.a
N
( a T-"
W
cn
Z c
� m
0910 OC
;r% U' m
W
Ln
Z
car G) D
Q
Z
aaaH ssOad alai ssa�,� •aJ014 SSOaa _aaau ssaIa •alau RRALI i