HomeMy WebLinkAboutRESOLUTIONS - 12181984 - 1.17 1,17
APPLICATION TO FILE LATE CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COMM, CALIFORNIA
,BOARD ACTION
Application to File Late Claim ) NOTICE TO APPLICANT December 18, 1984
Against the County, Routing ) The copy of this document mailed to you is your
Endorsements, and Board Action.) notice of the action taken on your application by
(All Section References are to ) the Board of Supervisors (Paragraph III, below),
California Government Code.) ) given pursuant to Government Code Sections 911 .8 and
915.4. Please note the "WARNING" below.
Claimant: Mary E. Miller/aka Mary Findlay
County Counsel
Attorney: Renee D. Wasserman, Esq.
Law Offices of Melvin M. Belli, Sr. N 0 V 19 1984
Address: 722 Montgomery Street
San Francisco, CA 94111 htrtlnez, CA 9455---
Amount:
455-Amount: $200,000.00 By delivery to Clerk on
Date Received: November 16, 1984 By mail, postmarked on November 15, 1984
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above noted Application to File Late Claim.
DATED: November 16, 1984 PHIL BATCHELOR, Clerk, By b Deputy
Jolene Edwards
II. FROM: County Counsel TO: Clerk of the Board of Supervisors
The Board should grant this Application to File Late Claim (Section 911.6).
( ) The Board should deny this Application to File Late Claim (Section 911 .6).
DATED: /��,��' �`f VICTOR WESTMAN, County Counsel, By ., c-� �, z.�, - /� �i�, Deputy
III. BOARD ORDER By unanimous vote of Supervisors present
(Check one only)
(� This Application is granted (Section 911 .6).
( ) This Application to File Late Claim is denied (Section 911 .6).
I certify that this is a true and correct copy of the Board's Order entered in its
minutes for this date.
DATE: X,/ PHIL BATCHELOR, Clerk, By_Q. /o- 22!�--O— Deputy
WARNING (Gov. Code 5911.8)
If you wish to file a court action on this matter, you must first petition the
appropriate court for an order relieving you from the provisions of Government Code
Section 945.4 (claims presentation requirement). See Government Code Section 946.6. Such
petition must be filed with the court within six (6) months from the date your application
for leave to present a late claim was denied.
You may seek the advise of any attorney of your choice in connection with this
matter. If you want to consult an attorney, u should do so immediatel .
IV. FROM: Clerk of the Board T0: 1 County Counsel 2 County Administrator
Attached are copies of the above Application. We notifed the applicant of the
Boards action on this Application by mailing a copy of this document, and a memo thereof
has ben filed and endorsed on the Board's copy of this Claim in accordance with Section
29703.
DATED: iz- o- PHIL BATCHELOR, Clerk, By� Deputy
V. FROM: 1 County Counsel 2 County Administrator TO: Clerk of the Board
of Supervisors
Received copies of this Application and Board Order.
DATED: County Counsel, By
County Administrator, By
APPLICATION TO FILE LATE CLAIM 00 060
I
LREEIVED
1 LAW OFFICES OF MELVIN M. BELLI , SR. & 1984RENEE D. WASSERMAN, ESQ.
2 722 -Montgomery Street 0.MTCHILOtSan Francisco, CA 94111 T so fir CO3 Telephone: ( 415) 981-1849 o
I
4 Attorneys for Claimant
5
I
6 Claim of MARY E." MILLER ) APPLICATION TO PRESENT
aka MARY FINDLAY ) LATE CLAIM
7 v )
8 County of Contra Costa )
i
9 TO THE BOARD OF SUPERVISORS:
10 Application is hereby made for leave to present the
11 attached claim for personal injuries late.
�- 12 The reason for the delay in presenting the claim is that
-u.P
W= sw¢ 13 such facts giving rise to said claim were not discovered until
W d >e
U. 2u 14 August 20, 1984, whereupon, on or about November 6, 1984
3 mzc
a _�¢ 15 the facts supporting said claim were first brought to the
y
16 attention of Plaintiff 's counsel by Plaintiff ' s mother and
17 Guardian ad Litem who indicated that Plaintiff, a minor, did
18 not disclose the facts of the rape giving rise to her injuries
19 until August 20, 1984.
20 DATED: November 14 , 1984 Respectfully submitted,
21 LAW OFFICES OF MELVIN M. BELLI , SR.
22
23
RENEE D.` WASSERMAN, ESQ.
24 Attorneys for Claimant,
25 MARY FINDLAY
26
00 061
s'
1. Claim late appl granted
2. Miller Mary E aka Mary Findlay
3 . Same as 1
4. Findlay Mary aka Miller Mary E
J1'
APPLICATION TO FILE LATE CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COMM, CALIFORNIA
BOARD ACTION
Application to File Late Claim ) NOTICE TO APPLICANT December 18, 1984
Against the County, Routing ) The copy of this document mailed to you is your
Endorsements, and Board Action.) notice of the action taken on your application by
(All Section References are to ) the Board of Supervisors (Paragraph III, below),
California Government Code.) ) given pursuant to Government Code Sections 911.8 and
915.4. Please note the ffWARNING" below.
Claimant: Saucedo, Consuelo CounlY Counsel
Attorney: Richard A. Beserra NOV 19 1984
1800 Pacific Ave. , #902
Address: San Francisco, CA 94109 Martinez, CA 94553
Amount: $25,000.00 By delivery to Clerk on
Date Received: November 16, 1984 By mail, postmarked on November 13, 1984
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above noted Application to File Late Claim.
DATED: November 16, 1984 PHIL BATCHELOR, Clerk, By �cv Deputy
I/Joiene Edwards
II. FROM: County Counsel TO: Clerk of the Board of Supervisors
( The Board should grant this Application to File Late Claim (Section 911.6).
( ) The Board should deny this Application to File Late Claim (Section 911.6).
�, S� ,
DATED. jr- 7c. VICTOR WESTMAN, County Counsel, By ; Cc- ulL- . L2e Deputy
III. BOARD ORDER By unanimous vote of Supervisors pr sent
(Check one only)
(}�) This Application is granted (Section 911.6).
( ) ' This Application to File Late Claim is denied (Section 911 .6).
I certify that this is a true and correct copy of the Board's Order entered in its
minutes for this date.
DATE: /� /; )' PHIL BATCHELOR, Clerk, By Deputy
WARNING (Gov. Code 6911.8)
If you wish to file a court action on this matter, you must first petition the
appropriate court for an order relieving you from the provisions of Government Code
Section 945.4 (claims presentation requirement). See Government Code Section 946.6. Such
petition must be filed with the court within six (6) months from the date your application
for leave to present a late claim was denied.
You may seek the advise of any attorney of your choice in connection with this
matter. If you want to consult an attorney, u should do so immediately.
IV. FROM: Clerk of the Board T0: 1 County Counsel 2 County Administrator
Attached are copies of the above Application. We notifed the applicant of the
Board's action on this Application by mailing a copy of this document, and a memo thereof
has ben filed and endorsed on the Board's copy of this Claim in accordance with Section
29703.
DATED: ,(��c�. _ /Y 1'sl PHIL BATCHELOR, Clerk, By Q-0_ ` -,. -= Deputy
V. FROM: 1 County Counsel 2 County Administrator TO: Clerk of the Board
of Supervisors
Received copies of this Application and Board Order.
DATED: County Counsel, By
County Administrator, By
APPLICATION TO FILE LATE CLAIM 00
062
r.
r
I Richard A. Beserra �iJr.4
The Beserra Law Firm
2 1800 Pacific Ave. #902 RECEIVED
San Francisco , CA 94109 P fT7 P4
-
3 (415) 441-6056 ,
4 Attorney for Plaintiff, PH48AT':IELOR
CONSUELO SAUSEDO . C RE) UPLOI!Co;
6
7
8 BEFORE THE COUNTY OF CONTRA COSTA
9 BOARD OF SUPERVISORS
10
CONSUELO SAUSEDO )
11 )
Plaintiff , ) APPLICATION FOR PERMISSION
12 ) TO FILE LATE CLAIM
VS . )
13 )
COUNTY OF CONTRA COSTA, )
14 and DOES 1 thru 10, inclusive )
15 Defendants )
1.6
.1.7 In the matter of the Application for Permission to File Late
18 Claim of CONSUELO SAUSEDO, v. COUNTY OF CONTRA COSTA:
19 1 . CONSUELO SAUSEDO hereby applies to the governing body of
20 the County of Contra Costa for leave to present a claim against
21 said county, pursuant to §911 .4 of the California Government
22 Code .
23 2 The Cause of Action of CONSUELO SAUSEDO as set forth in
24 her proposed claim attached hereto , accrued on February 11 ,
25 1984 , a period within 1 year from the date of the filing of this
26 application .
27 3 . CONSUELO SAUSEDO'S reason for the delay in presenting
28 her claim against the COUNTY OF CONTRA COSTA and CITY OF
00 063
1
1 PITTSBURG is based on excusable neglect as follows : '
2 a . MS. SAUSEDO is a resident of the E1 Pueblo
3 Housing Project in Pittsburg, California . She is 16
4 years old and of Spanish heritage . Her parents speak
5 very little English.
6 b . This claim is based on the actions by another
resident of the housing project who fired a gun into
8 MS . SAUSEDO 'S home, thereby seriously injuring her .
9 The assailant was well known to CONTRA COSTA and CITY
10 OF PITTSBURG police for having such violent tendencies .
11 C. MS . SAUSEDO' S parents did not consult The Beserra
12 Law Firm in regard to this matter until June 25 , • 1984.
13 It was only then, that the SAUSEDO'S learned that they
14 may have a valid claim against THE COUNTY OF CONTRA
15 COST and CITY OF PITTSBURG and made aware of the 100
16 day time limit for filing claims ..
17 d . The Beserra Law Firm did not receive a police
18
report on the incident in
p question until early
19 September, 1984, implicating The Contra Costa County
20 Housing Authority, The Contra Costa Sheriff 's Dept . and
21 City of Pittsburg Police Dept .
22 4. The facts in this situation are similar to those in
23 Elberosol v . Cowan , (1983) 35 Cad . 427 , 197 CR 601 , where a late
24 claim was allowed. In this case, as in the case at bar ,
25 plaintiff had no knowledge of or
P g prior experience with claims
26 procedures and that the liability of the
p y governmental entity is
27 not obvious . MS . SAUSEDO'S parents delay in seeking counsel from
28
2 00 064
1 the date of the INCIDENT to the time of seeking counsel on June
2 25 , 1984, was only a little over 4 months . : A four month delay
3 was found to be reasonable in the Ebersol case , and therefore
4 MS . SAUSEDO' S Parents failure to file a timely claim is
5 excusable.
6 THEREFORE, CONSUELO SAUSEDO°S age and dependency, her
7 parents limited ability to speak English requiring them to seek a
8 Spanish—speaking attorney , and the non—obvious fact that a
9 govermental agency may in some way be liable, are reasonable
10 grounds on which to assert that' MS . SAUSEDO is without fault in
11 failing to file the claim in a timely manner . Also , since there
12 is no evidence , whatsoever , that THE COUNTY OF CONTRA COSTA and
13 CITY OF PITTSBURT were prejudiced , thereby, said county should
14 grant this application to file a late claim.
15
16
17 DateXo(/12�19A(
18 THE BESERRA LAW FIRM
19
20
21 R CHARD A. BESERRA
torney at Law
22
23
24
25
26
27
28 00 065
1 PROOF OF SERVICE BY MAIL C.C.P S 1015a, 2115 . 5
2
I, the undersigned, do declare:
3
I am over the age of eighteen years , and not a
4
party to the within action . My business address is 1800 Pacific
5
Avenue, San Francisco , California 94109.
6
On this date, I served a copy of
7
APPLICATION FOR PERMISSION CONSUELO SAUSEDO
8 TO FILE LATE CLAIM V.
CITY OF PITTSBURG and
9 DOES 1 thru 10
10 by placing a true copy thereof in a sealed envelope, with postag
11 fully prepaid thereon, in the United States mail at San
12 Francisco , California , addressed to the interested parties as
13 shown herein below:
14 CITY CLERKS OFFICE BOARD OF CONTROL
P .O.. BOX 1518 STATE OF CALIFORNIA
15 PITTSBURG, CA 94565 GOVERNMENT CLAIMS UNIT
926 J STREET SUITE 300
16 THE BOARD OF SUPERVISORS SACRAMENTO, CA 95814
COUNTY ADMINISTRATION BLDG.
17 P.O. BOX 911
MARTINEZ., CALIFORNIA 94553
18
19 I declare under penalty of perjury that the
20 foregoing is true and correct , and that this declaration was
21 executed on November 12, 1984.
22
23 /
24 (proof) ELEINE SINGLET
25
26
27
28
00 066
1