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HomeMy WebLinkAboutMINUTES - 06041985 - 1.27 I \ A,7 APPLICATION TO FILE LATE CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Application to File Late Claim ) NOTICE TO APPLICANT June 4, 1985 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 '"WARrMG" below. Claimant: Marlin Stark III Attorney: John Meaden III P.O. Box 127 Address: Moraga, CA 94556 hand delivered Amount: $256, 000. 00 By delivery to Clerk on ,April 26 , 1985 Date Received: April 26, 1985 By mail, postmarked on _ I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above noted Application to ile Late Claim. DATED: Ap r i 1 29 , 1985 PHIL BATCHELOR, Clerk, By Deputy n Cerve i II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( y�) 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: Lk-30- VICTOR WESTMAN, County Counsel, By� 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: �o- y -gS PHIL BATCHELOR, Clerk, By Deputy WARNING (Gov. Code $911.8) 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: lo-�{� � PHIL BATCHELOR, Clerk, By Lo 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 BOARD OF SUPERVISORS , CONTRA COSTA COUNTY , CALIFORNIA AFFIDAVIT OF MAILING In the Matter of ) I' ) APPLICATION TO FILE LATE CLAIM ) GRANTED ) 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 a Board Order granting the application to file a late claim to the following : Marlin Stark III c/o John Meaden III P. O. Box 127 Moraga, CA 94556 I declare under penalty of perjury that the foregoing is true and correct. Dated June 5. 1985 at Martinez , California. (L 01 It Ad 000 Ann Cerve i, Deputy er 3 RECEIVED 4454 , n CHIT 84T'l+E:0' In the Matter of the Claim of APPLICA e PRESENT A LATE CLAIM ON MARLIN • STARK, I,IIA, . BEHALF OF A MINOR (Government Code §911. 4 VS. COUNTY OF CONTRA COSTA TO: THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA COSTA: 1. Application is hereby made pursuant to Government Code Section 911. 4 for leave to present a late claim founded on a cause of action for personal injuries which occurred on or about April 27, 1984, for which a claim was not presented within the 100-day period provided for by Section 911. 2 of the Government Code. For additional circumstances relating to the cause of action, reference is made to the proposed claim attached to this application. 2. This application is being presented within the time requirements of Section 911. 4 of the Government Code in that it is presented within one (1) year after the accrual of the cause of action, and claimant, MARLIN STARK, III, was a minor during the entire period from the date of accrual of the cause of action to the present. 3. The reason that no claim was presented during the period of time provided by Section 911. 2 of the Government Code is that the claimant' s mother and legal guardian, Elizabeth Rodriguez, was ignorant of the statutory requirement of filing within 100 days of the accrual of the cause of action and, in fact, did not seek legal counsel on the matter until October, 1984. 4. Claimant is absolutely entitled to the granting of his application as provided -in Section 911. 6 of the Government Code which specifies that " . . . (b) The Board shall grant the application where: . . . (2) The person who sustained the alleged injury, damage or loss was a minor during all of the time specified in Section 911. 2 for the presentation of the claim; . . . ) . -1- WHEREFORE, it is respectfully requested that this Application be granted and that the attached proposed claim . be received and acted on in accordance with Section 912. 4 through Section 913 of the Government Code. DATED: April 24, 1985. WALSH, MORTON & MEADEN By JOHN A. MEADEN, III //036 Country Club Drive P.O. Box 127 Moraga, CA 94556 Telephone: (415) 376-2300 -2- I DECLARATION OF ELIZABETH RODRIGUEZ I, ELIZABETH RODRIGUEZ, hereby declare: 1. I am the mother of MARLIN STARK, III. 2. MARLIN STARK, III, was born on May 21, 1978. 3. MARLIN STARK, III, was a minor on April 27, 1984, and has remained a minor up to the present time. I declare under penalty of perjury that the above facts are true and correct to the best of my own personal knowledge, and I can competently testify thereto if called as a witness. Executed this 25th day of April, 1985, at Lafayette, California. LIZ B TH RODRIG EZ