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Home My WebLink AboutMINUTES - 03281989 - 1.15 f .( I !rich CP LO �• a U Y ttl iw C0 U �X 0 mz L I.t(a cd a n � C C: O') ` ay or Mei r o a- pD IZ m _ V Qm0 . CA a, N �•yVO� th cc m APPLICATION Ti) FILE LATE CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Application to File Late Claim ) NOTICE TO APPLICANT March 28 , 1989 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: JIPiMIE N. MORRISON County Gounijo1 c/o Steven E. Mendelson, Esq. Attorney: 120 11th St. 2nd Floor MAR, d 7 1999 Oakland, CA 94607 Address: Martinez, CA 94553 Amount: $17 $ 911.28 By delivery to Clerk on February 28 , 1989 Date Received: February 28, 1989 By mail, postmarked on February 24, 1989 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above noted Applicatio 'to F' a Late Claim. DATED: March 6 , 1989 PHIL BATCHELOR, Clerk, By f De uty L_ Hall 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 (S ction 911.6). DATED: q VICTOR WESTMAN, County Counsel, B 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. f DATE: MAR 2 8 1989 PHIL BATCHELOR, Clerk, By 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 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: 2 9 1989 PHIL BATCHELOR, Clerk, By eputy 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 MENDELSON MENDELSON STEVEN E. MENDELSON 120 ELEVENTH STREET, SECOND FLOOR ROBERT A. MENDELSON OAKLAND, CALIFORNIA 94607 TELEPHONE (415) 451-1988 February 23 , 1989 Phil Althoff Board of Supervisors 651 Pine Street, Room 106 Martinez , California 94553 RE: Jimmie Morrison vs. County of Contra Costa APPLICATION FOR LATE CLAIM Dear Mr. Althoff: Thank you for your clarification by telephone of the pro- cedure involved in the above entitled claim. Per your instruction, I am resending the Claim, along with Application for Late Claim for your consideration. I am also enclosing two copies of each so that you may send us an endorsed copy in the enclosed prepaid envelope. Thank you very much. WZ _yours, Amorita d. Garcia Assistant to Steven E. Mendelson, ESq. •adg Enc : as aboveR E F A 1989 CLE'K 3 R Al H 0 NTF By Dcnuty ST CLAIM AGAINST County of Contra Costa '" .}<.PAER OR By .c.. . CLAIMANT' S NAME: Jimmie N. Morrison CLAIMANT' S ADDRESS: 208 Manzanita Place, Hercules, CA 94547 ADDRESS TO WHICH NOTICES' ARE TO BE SENT: Steven E. Mendelson, Esq. 120 Eleventh Street, Second Floor, Oakland, CA 94607 DATE OF OCCURENCE OR TRANSACTION: February 25,1988 PLACE OF OCCURENCE OR TRANSACTION: San Pablo Avenue, El Cerrito CIRCUMSTANCES OF OCCURENCE OR TRANSACTION: Ms. Morrison was passenger in a Contra Costa County vehicle which was involved in an accident. She sustained injuries as a result of this accident. Ms. Morrison works for County of Contra Costa. AMOUNT OF CLAIM.' $1.7 , 911 . 28 *. *ITEMIZATION OF CLAIM: Hospitalization $ Medical Treatment $ 1 , 976. 00 Loss of Earnings $ 935. 28 General Damages $ 15 , 000. 00 TOTAL $ 17 . 911 . 28 MENDELSON & MENDELSON RE Nu Claimant or Claimant' s Agent Steven E. Mendelson 120 Eleventh `Street, Second Floor MAR 2 `' Oakland, .CA 94607 �J i��9 Telephone Number f�H! A i ,i LO (415) 451-1988 SLE B TF P i By c I MENDELSON & MENDELSON Steven E. Mendelson 2 120 Eleventh Street, Second Floor Oakland, California 3 Telephone (415) 451-1988 4 Attorney for Claimant 5 6 In the Matter of the Claim of ) 7 JIMMIE N. MORRISON, ) APPLICATION FOR PERMISSION TO PRESENT LATE CLAIM 8 Against, ) [Gov. Code Sec.911.4] 9 CONTRA COSTA COUNTY ) 10 11 TO: CONTRA COSTA COUNTY 12 Application is hereby made for permission to present the 13 attached claim after expiration of the time limit provided in 14 Government Code Section 911. 2 . 15 (1) As stated in the attached claim, Claimant' s cause 16 of action accrued on February 25, 1988 . 17 (2) The time for presentation of such claim under 18 Govermmnet Code Section 911. 2 expired on or about August 25, 19 1988 . 20 (3) The reason for the failure to present such claim 21 within the time provided in Government Code Section 911. 2 was 22 one of mistake, inadvertence, and excusable neglect arising 23 out of newly-discovered facts . The law office of Mendelson & 24 Mendelson was retained approximately two months after the 25 accident. The police report was evaluated and it indicated 26 that John Wesley Foster was primarily at fault. Based upon 27 that, the insurance company for John Wesley Foster was 28 • 7. 1 notified on April 20 , 1988 of a claim. Not until October of 2 1988 did State Farm Insurance Company contend that the 3 accident was other than the fault of their insured John 4 Wesley Foster. 5 (4) At the time of the first interview with Ms. Morrison, 6 claimant herein, in April of 1988 , this declarant believed 7 that a workers ' compensation claim was being filed by Ms. 8 Morrison to pay for her medical bills and possibly temporary 9 disability. It was believed that this was a workers ' 10 compensation claim because claimant was a passenger in a 11 Contra Costa County vehicle and on a paid lunch hour. Only 12 recently did this office learn that workers' compensation 13 benefits had not been paid. 14 (5) Claimant' s attorney has recently found out that Contra 15 Costa County has accepted one-half of the liability for the 16 accident based upon the driving of Herman Henry. The 17 accident was thoroughly investigated by Contra Costa County, 18 and no prejudice would come to Contra Costa County from 19 accepting this late claim. 20 (6) Simultaneous with the filing of this application for 21 permission to file late claim, an application for workers' 22 compensation benefits is being filed with the WCAB at their 23 Oakland office. This is being done in the event that it is 24 later determined that Ms. Morrison was in the course and 25 scope of her employment, and thereby entitled to workers ' 26 compensation benefits. Claimant understands that she is 27 entitled to either bring a claim against Contra Costa County, 28 f 1 or to receive workers' compensation benefits. 2 (7) Attached hereto as Exhibit A is the proposed claim. 3 Attached as Exhibit B is the workers ' compensation 4 application. Attached as Exhibit C is the September 27, 1988 5 report of S.G. Roberson, D.C. , and his billing for $1,469. 00 . 6 Attached as Exhibit D are copies of the Kaiser-Richmond 7 reocrds and their billing for $207.00. 8 (8) Clearly this is not a claim involving significant 9 injuries, with a great deal of exposure to Conta Costa 10 County. The County has fully investigated the facts of the 11 accident. The County either has liability under workers' 12 compensation, or under Tort. A Government Tort Claim was not 13 filed due to mistake, inadvertence and excusable neglect. 14 Claimant respectfully requests the County of Contra Costa to 15 grant her permission to present the late claim and to accept 16 the claim attached hereto. 17 I certify and declare under penalty of perjury under the 18 Laws of the State of California that the foregoing is true 19 and correct. 20 20 Dated MENDELSON & MENDELSON 21 22 y _ Steven E. Mendelson 23 24 25 26 27 28 a CO Y 011 vaw oo Ul Iz ON Z 4 ¢, N W -W ,A q J w p PA Ul Go H Qp ' 4 I f' .1N `Fill •.t Lti s �..� • k ) t.