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HomeMy WebLinkAboutMINUTES - 04211992 - 1.14 APR 3 1992 APPLICATION TO FILE LATE CLAIM OF SUPERVISORS OF CONTRA COSTA COMM, CALIFORNIA .UUN I I AARTINF..Z. CALIF. BOARD ACTION Application to File Late Claim ) NOTICE TO APPLICANT April 21 , 1992 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 Goverment Code Sections 911.8 and 915.4. Please note the "WARNING" below. Claimant: OK, Jihong Min and Brian Attorney: Steven James Choi Address: 1440 Broadway, Suite 306 Oakland, CA 94612 Amount: By delivery to Clerk on April 1 , 1992 Unspecified Date Received: April 1 , 1992 By mail, postmarked on March 31 , 1992 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above noted Applicat n to 'le t Claim. DATED. April 1 , 1992 PHIL BATCHELOR, Clerk, By Deputy 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 aim (Section 911 .6). DATED: `l'� VICTOR WESTMAN, County Counsel, By S- 2jDeputy III. BOARD ORDER By unanimous vote of Supervisors prese t (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. O DATE: APR 2 1 1992 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: APR 2 1 ISR PHIL BATCHELOR, Clerk, By01,AU00, 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 , LAW OFFICES OF STEVEN JAMES CHOI STEVEN JAMES CHOI 1440 BROADWAY,SUITE 306 SAN JOSE OFFICE SHAWN PATRICK YOUNG OAKLAND, CALIFORNIA 94612 5300 STEVENS CREEK BLVD..#360 OF COUNSEL SAN JOSE, CALIFORNIA 95129 WILLIAM L.BERG TELEPHONE(510)839-4300 (408) 294-4300 FACSIMILE(510)444-4432 March 30, 1992 RECEIVED APR - 1 1992 Contra Costa County Clerk of the Board of Supervisors CLERK BOARD of SUPERVISORS 651 Pine Street, Room 106 CONTRA COSTA Co. Martinez, CA 94553 Re: Our Clients: Jihong Min Ok and Brian Ok Your Claim No.: IA 92-002 J Date of Loss: July 7, 1991 Dear Sir: Enclosed please find an Application for Permission to Present Late Claim for the above accident. Please note that Brian Ok is a minor whose date of birth is 1-25-84. Please acknowledge receipt of this letter. Thank you for your courtesy and cooperation. V,e'rji tr yours, es Choi SJC:hc I STEVEN JAMES CHOI(Bar No. 111438) 2 Attorney at Law 1440 Broadway, Suite 306 3 Oakland,California 94612 Telephone: (510) 839-4300 4 Attorney for Plaintiff 5 6 7 8 SUPERIOR COURT OF CALIFORNIA; COUNTY OF CONTRA COSTA 9 10 IN THE MATTER OF THE CLAIMS OF ) APPLICATION FOR PERMISSION TO 11 JIHONG MIN OK AND � PRESENT LATE CLAIM 12 BRIAN OK, j RECEIVED N �� O mvO� ) 0 W°fa 13 cUna5zm VS. ) W a;o 0 ) APR — 1992 2'..a LL° 14 CONTRA COSTA COUNTY, ) aW3�,� Z°a ' CONTRA COSTA SHERIFF'S DEPT., Z o o" i 15 ) CLERK BOARD OF SUPERVISORS > m°z = ROLAND BRYANT,JR., ) COCA COSTA CO. a ) FW- d Y W N a a 16 Respondents. ) o � 17 1-8 19 TO: Julie Aummock of the Contra Costa County Risk Management 20 Department: 21 Re: File No.: IA 92-002J 22 Application is hereby made for permission to present the attached claim after expiration of 23 the time limit provided in Goverment Code section 911.2. 24 1. Claimants cause of action accrued on or about July 7, 1991. 25 2. The time for presentation of such claims under Goverment Code section 911.2 expired 26 on or about January 7, 1992. 27 .3. On July 16, 1991, Applicants presented a written notice of claim to the Contra Costa 28 County Risk Management Department. (A true and correct copy of this notice of claim is 1 attached as Exhibit 1.) 2 4. On March 22, 1992,Applicants submitted a written demand letter to the Contra Costa 3 County Risk Management Department. (A true and correct copy of this notice of claim is 4 attached as Exhibit 2.) 5 5. On March 24, 1992, the Contra Costa County Risk Management Department sent a 6 letter notifying Applicants that they have closed their file on this claim due to Applicants'failure 7 to submit a timely notice of claim. (A true and correct copy of this letter is attached as Exhibit 8 3.) 9 6. At no time did the Contra Costa County Risk Management Department notify 10 Applicants that their notice was defective. 11 7. Attached as Exhibit 4 is a notice of claim. r _ N 12 O_ ma8 W� a 13 U<~ N �a Dated: March 27, 1992. � Zm 2ar0m 14 og a W 3 ,� TE N JAMES CHOI W o 0 o Z 15 Attorney for Applicants o x ma°JJ 16 N d< �a 0 17 18 19 20 21 22 23 24 25 26 27 28 LAW OMC=Or STEVEN JAMES CHOI 3TCVCN JAM93 CNOI 1440 BROADWAY.3UITC 306 SAN 4039 OFFICE 314AWN PATRICK YOUNG OAKLAND,CALIFORNIA 94612 9300 3TCVCNS CRC"BLVD-0360 Or COUM691. SAN JOB& CAUPORNIA 96129 WILLIAM 4 BCRO TCLCPNONC 14131 630-4300 (4061 294-4300 RAC3IMILC(4171 444-4472 July 16, 1991 Julie Aumock Risk Management 651 Pine Street, 6th Floor Martinez, CA 94553 Re: My Client: Jihong Min Ok Date of Accident: 07-07-91 Claim No: IA 92-002J Dear Ms. Aumock: This letter will inform you that our office represents the above-named person with respect to the above-dated accident. In the future kindly direct all communications regarding this claim to our office. Thank you for your courtesy and cooperation. Very truly yours ,XRaymond,Pheung RTC:ic / LAW O►►2CG.3 OF ~ J STEVEN JAMES CHOI ST'RVGN JAMGS CHOI 14"0 SROADvwY.SUITS 306 SAN JOSG OFFICE SHAWN PATRICI% YOUNG OAKLAND,CALIRORNIA 94612 5300 STSVGNS CRCSR SW0..0360 o/COu"866 SAN JOSS. CA4►ORNIA 00129 WILLIAM L SERO TELEPHONE ISIOI 639-4300 (404( 294-1300 ' ►AC31M1LG161O1444'""2 March 12, 1992 Julie Aumock Risk Management 651 Pine'Street, 6th floor Martinez, CA 94553 Re: Our Clients: Jihong Min Ok and Brian Ok Your Insured: Ronald Bryant, JrJ Contra Costa Sheriff Department Claim Number: IA 92-002J DOA: July 7, 1991 Dear Ms. Aumock: Jihong Min Ok and Brian Ok have completed treating, and would like to explore the possibility of settling this case without the necessity of litigation. We have enclosed all of the relevant documents for your review. If there are any further documents of information that you require, please let me know. I. Liabili • This accident occurred on El Portal Drive near San Pablo Dam Road in Contra Costa County, California. Plaintiff was westbound on San Pablo Dam Road waiting at the red light when struck by your insured, who failed to stop for a red traffic signal. The police Report indicates that the primary collision factor in this accident was the other driver's violation of Section 21453(a) of the California Vehicle Code, proceeding in traffic against a red signal light. (See Police Report attached as Exhibit 1.) II. Injuries and Damages: A: Property Damace: This accident caused significant property damage to Plaintiffs vehicle. (See photos of property damage attached as Exhibit 2.) B: Medical Treatment: Jihong Min Ok: 1. Regional Ambulance and Highland Hospital: On the day of the accident, Plaintiff was administered emergency assistance at the scene by paramedics and was transported to Kaiser Hospital, Richmond. Plaintiff's chief complaints were head, chest, back and knee pain. Her diagnosis was head injury and back strain. (See Regional Ambulance and Kaiser Medical Records. attached as Exhibit 3.) Julie Aumock March 12, 1992 Page 2of4 2. Dr. Mark J. Wagner: On July 24, 1991, due to continuing complaints in connection with the above accident, Plaintiff sought follow-up treatment from Dr. Mark Wagner. Plaintiffs chief complaints were headaches, neck pain, back and shoulder pain. Plaintiff's diagnosis was cervicothoracic strain with secondary cephalgia, head contusion with secondary cephalgia, right sacroiliac sprain with associated lumbar strain and left shoulder sprain. (See Dr. Wagner's Medical Records attached as Exhibit 4.) ' 3. Dr. Maire E. McAuliffe: On August 5, 1991, due to further symptoms in connection with the above accident, Plaintiff sought follow-up treatment from Dr. Maire McAuliffe. Plaintiff's chief complaints were nervousness, neck pain, shoulder and arm pain, and pain in both legs, as well as shoulder and upper arm pain. Plaintiff's diagnosis was neck sprain. (See Dr. McAuliffe's Medical Records attached as Exhibit 5.) - 4. Shin Kyong Acupuncture Clinic: On November 18, 1991 and November 22, 1991, Plaintiff was administered two sessions of acupuncture treatment to the neck and legs by Joo Hoo Yoo of the Shin Kyong Acupuncture Clinic. (See Shin Kyong Acupuncture Clinic Statement attached as Exhibit 6.) 5. Marissa P. Israel. D.M.D. : On November 18, 1991, Plaintiff sought follow-up care from Dr. Israel in connection with continuing pain in the face and jaw area due to the above accident. Plaintiff was diagnosed as having received a blow to the jaw in the accident, resulting in TMJ pain. Plaintiff's treatment consisted of desensitizing treatment, occlusal guard and two surface amalgams, as well as three surf composite prims on the affected teeth. Plaintiff will be referred to an oral surgeon for further evaluation and treatment, in the event the treatments by Dr. Israel do not resolve Plaintiffs problems. (See Dr. Israel's Medical Records attached as Exhibit 7.) 6. Dr. Robert Bocknek. D.C.: On July 9, 1991 , due to continuing symptoms in connection with the above accident, Plaintiff sought follow-up treatment from Dr. Robert Bocknek. Plaintiff's chief complaints were initial neck pain, suboccipital headaches, left shoulder pain and numbness, radiation of pain to left arm with weakness, mild midline low back pain, and intermittent mid-back pain. Plaintiff's diagonosis was moderate cervicothoracic and mild to moderate lumbosacral sprain/strain injuries to the paraspinal soft tissues, attendant myofibrositis with residual fibrotic material of injured then healed tissue, mild to moderate concussion of right side of the head. Plaintiff received treatment from Dr. Bocknek through December 27, 1991. (See Dr. Bocknek's Medical Records attached as Exhibit 8.) Plaintiff, Jihong Min Ok incurred the following medical expenses: 1. Regional Ambulance: $ 289.00 2. Kaiser Hospital: $3,268.00 V. Julie Aumock March 12, 1992 Page 3 of 4 3. . Dr. J. Mark Wagner: $ 250-00 , 4. Dr. Maire E. McAuliffe. : $ 180.00 5. Shin Kyong Acupuncture Clinic: $ 60.00 6. Marissa P. Israel, D.M.D. $ 835.00 7. Dr. Robert Bocknek, D.C. $4,945.00 Total Medical Specials: $9,827.00 (See Plaintiffs medical bills attached as Exhibit 9.) Brian Ok: 1. Regional Ambulance/ Kaiser Hos ital: - On the date of the accident, Plaintiff, Brian Ok, was administered emergency treatment at the scene by paramedics, and transported to Kaiser Hospital. Plaintiffs chief complaints were neck and back pain, and headaches. (See Regional Ambulance/ Kaiser Hospital Medical Records attached as Exhibit 16.) 2. Dr. Robert Bocknek. D.C.: On July 10, 1991,'due to continuing complaints in connection with the above accident, Plaintiff, Brian Ok, sought follow-up treatment from Dr. Robert Bocknek. Plaintiff's chief complaints were neck pain, back pain, and scratches and swellling to his face. (See Dr. Robert Bocknek's Medical Records attached as Exhibit 17.) Plaintiff, Brian Ok, incurred the following medical expenses: 1. Regional Ambulance: $285.00 2. Kaiser Hospital: $ not available at this time. 3. Dr. Robert Bocknek: $115.00 Total Medical Specials $ to be added. (See Plaintiff's medical bills attached as Exhibit 12.) �. Continued on next page Julie Aumock March 12, 1992 iA Page 4 of 4 C: Wage_ Loss: At the time of the accident, Plaintiff, Jihong Ok, was employed by Wells Fargo Bank as an Assistant Operations Officer. Plaintiff was employed full time, earning $2,414.00 per month. Due to the accident, Plaintiff lost over three months of work, for a total loss wages of $8,449.00. (See wage loss verification from Wells Fargo Bank attached as Exhibit 13.) D: Miscellaneous Loss: In addition, from the necessity of treatment, Plaintiff incurred the following expenses: 1. Gas: $57.00 (Exhibit 14.) _ 2. Parking: _ $32.75 (Exhibit 15.) 3. Toll fee: $37.00 (Exhibit 16.) III. Conclusion: D; ii In an effort to conclude this matter as simply as possible, this letter will serve as a formal demand for the- of $50,000 in full and complete settlement for damages suffered by Jihong Min Ok and the sum of $5,000 in full and complete settlement for damages suffered by Brian Ok. Please respond to this offer within thirty(30) days..from the date of this letter. If there are any questions or additional information that you require, please let me know immediately. Thank you for your courtesy and cooperation. (ic truly yo , y U. is a en James Choi v Encl. County Administrator (-- ." Contra Uability Claims (510)646-4155 _III Management Costa Risk Administration (510)646-2014 Safety (510)646-2203 County Administration Building Vocational Rehabilitation (510)646-2239 651 Pine Street.6th Floor County Fax Compensation '(510)646-2926 Martinez,California 94553 Fax Number (510)646-2547 . coun`� dy March 24, 1992 Ms. Jenny Oh Law Offices of Steven James Choi 1440 Broadway, Suite 306 Oakland, California, 94612 Regarding: Your Clients: Jihong Min Ok & Brian Ok Claim No: IA 92-002 J Date ,of Accident: July 7, 1991 Dear Ms. Oh: arch-119 t ung e n e e cam. egaY g� se emelt O�ffe�•�since; our_-f%le ha _ beenose w e _noan ani i" ec . zCodeSLPursuant , erna . , Ea le atute f Tat.-1. ns. or�;.a;timet Ia3nr an on antiazy Please feel free to call me if you would like further clarifica- tion of our position. erely, c Julie Aumock, �GJ Liability Claims Adjuster JA:alh RECEIVED MAR 2 7 1992 •MAR•—,2.7 - 9•2 FR I 1 4 ::' 23 CONTRA COSTA O RISK MGT P 02 Claim to: BOARD OF SUPERVISORS OF CONTRA COSTA WJNI'Y INSTRUCTIONS TO CLAIr'MT A. Claus relating to causes of action for death or for injury to person or to per- sonal property or growing crops and which accrue on or before December 31, 1987, must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to causes of action for .death or for injury to person or to personal property or growing crops and Which accrue on or after January 1, 1988, must be presented not later than six months after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Govt. Code §911.2.) B. Claims must be filed with the Clerk of the Board of Supervisors 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 f or=. BE: Claim By ) Reserved for Clerk's filing stamp iihong Ok ) Brian Ok Against the County of Contra Costa ) or ) • District) Fill in name ) The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the SUM of $ 5 0 . 0 0 0 .0 0 and in support of this claim represents as follows: 1. When did the damage_cr injury occur? (Give exact date and hour) 7-7-91 , 16:04 hours 2. Where did the damage or injury occur? (Include city and county) E1 Portal Drive & San Pablo Dam Road. Uninc. Contra Costa County.3• Hoa did the damage or injury occur? (Give full details; use extra paper if required) Auto Accident with CC Sheriff ' s vehicle. 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? 1 . Negligent operation of vehicle. 2 . Violation of Vehicle Code section 21453 (A) •MAR•- 27 - 92 FR Z 1 . 24 CONTRA COSTA J O . R Z SK MGT R OZ 5. wnat are the motes of county or district officers, servants or employees causing the damage or injury? CC Sheriff ' s Department. Roland Jerry Bryant, Jr. ------------------------------------ ----------------- 5. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. Jihong Ok medical bills: $9,827.00. Brian Ok medical bills: 400. 00 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) --------------------------------------------- -- --- -------------------- Names ----------- Names and addresses of witnesses, doctors and hospitals. See attachement A. ------------------------------------------ ------ --_--_..�----- 9. List the expenditures you made on account of this accident or injury: LATE ITEM MOUNT �r �r � • e e e a e .* e e e e e e e e -e r.e e e �t e e e e e e e e e e e a e e e * e e Gov. Code Sec. 910.2 provides: "The claim must be signed by the claimant SEND NOTICES TO: (Attorney) or bv spme perojon his behalf." Name and Address of Attorney Steven James Choi Attorney at Law Signature 1440 Broadway, Suite 306 Oakland, CA- 94612 Address Telephone No. (510) 839-4300 Telephone No. ee � e " ee eeee � � � * �► ee 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 ary 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 ($1,000), or by both such imprisonment and fine, or by imprisonment in the state prison,. by a fine of not exceeding ten thousand dollars ($101000, or by both such imprisonment and fine. P-1. 1-- Attachment A I. Medical Facilities: 1. Regional Ambulance 41300 Christy Street Fremont, CA 94537-7780 2. Kaiser Hospital 280 W. MacArthur Blvd. Oakland, CA 94611-5693 3. Dr. J. Mark Wagner 1242 Market Street San Francisco, CA 94102 4. Dr. Maire E. McAuliffe 525 Irving Street San Francisco, CA 94122 5. Shin Kyong Acupuncture Clinic 20160 Balboa Street San Francisco, CA 94121 6. Marissa P. Israel 2000 Van Ness Avenue San Francisco, CA 94109 7. Dr. Robert Bocknek 2201 Post Street San Francisco, CA 94115 ti PROOF OF SERVICE BY MAIL I, the undersigned, declare: I am a citizen of the United States of America and am employed in the County of Alameda. I am over the age of 18 years and not a party to the within-entitled action. My business address is 1440 Broadway, Suite 306, Oakland, California, 94612. On March 27, 1992 1 served the within attached documents listed as follows: APPLICATION FOR PERMISSION TO PRESENT LATE CLAIM by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid and depositing the same in a United States Post Office Mail Box, addressed as follows: Julie Aumock Contra Costa County Risk Management Department 651 Pine Street, 6th Floor Martinez, CA 94553 declare under penalty of perjury that the foregoing is.true and correct. Executed on March 27, 1992 under the laws of th State of California. D�cl 'rant,\ :Iv, \ � r \ k 0 9 \ \ . \ 3 k $ - o _ � � ) MAR ;� � 1992 APPLICATION TO FILE LATE CLAIM CO" MARTTINEZ,I ,0 N) OF SUPIMVISORS OF CONTRA COSTA COMM, CALIFORNIA BOARD ACTION Application to File Late Clain ) NOTICE TO APPLICANT April 21, 1992 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: OK, Jihong Min and Brian Attorney: Steven James Choi Attorney at Law Address: 1440 Broadway, Suite 306 Oakland, CA 94612 March 30, 1992 Amount: Unspecified By delivery to Clerk on Date Received: March 30, 1992 By mail, postmarked on No envelope I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above noted Applicat' to F eLate 'm. DATED: March 31, 1992 PHIL BATCHELOR, Clerk, ByLa Deputy II. FROM: County Counsel T0: 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: j 1 131 9 Z VICTOR WESTMAN, County Counsel, By ) /J Deputy III. BOARD ORDER By unanimous vote of Supervisors present b (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: APR 2 11992 PHIL BATCHELOR, Clerk, By4WOf 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 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: �R 2 �' PHIL BATCHELOR, Clerk, By a 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 A I STEVEN JAMES CHOI(Bar No. 111438) RECEIVED 2 Attorney at Law 1440 Broadway, Suite 306 3 Oakland,California 94612 WR 3 U 1992 Telephone: (510) 839-4300 4 CLERK BOARD OF SUPERVISORS Attorney for Plaintiff CONTRA COSTA CO. 5 6 7 8 SUPERIOR COURT OF CALIFORNIA; COUNTY OF CONTRA COSTA 9 10 IN THE MATTER OF THE CLAIMS OF ) APPLICATION FOR PERMISSION TO 11 JIHONG MIN OK AND � PRESENT LATE CLAIM N 12 BRIAN OK, ) O O*G8 ) w � 13 ) vs. ) ZMm ) a 2 a 14 CONTRA COSTA COUNTY, ) a w.3 CONTRA COSTA SHERIFF'S DEPT., ) -Iz11 >a m°z = 15 ROLAND BRYANT,JR., ) W °` W 16 ) c(n a d Respondents. ) o � 17 18 19 TO: Julie Aummock of the Contra Costa County Risk Management 20 Department: 21 Re: File No.: IA 92-002J 22 Application is hereby made for permission to present the attached claim after expiration of 23 the time limit provided in Goverment Code section 911.2. 24 1. Claimants cause of action accrued on or about July 7, 1991. 25 2. The time for presentation of such claims under Goverment Code section 911.2 expired 26 on or about January 7, 1992. 27 3. On July 16, 1991, Applicants presented a written notice of claim to the Contra Costa 28 County Risk Management Department. (A true and correct copy of this notice of claim is 1 attached as Exhibit 1.) 2 4. On March 22, 1992,Applicants submitted a written demand letter to the Contra Costa 3 County Risk Management Department. (A true and correct copy of this notice of claim is 4 attached as Exhibit 2.) 5 5. On March 24, 1992, the Contra Costa County Risk Management Department sent a 6 letter notifying Applicants that they have closed their file on this claim due to Applicants'failure 7 to submit a timely notice of claim. (A true and correct copy of this letter is attached as Exhibit 8 3 ) 9 6. At no time did the Contra Costa County Risk Management Department notify 10 Applicants that their notice was defective. 11 7. Attached as Exhibit 4 is a notice of claim. r N 12 O 10mag W, a 13 a~a Dated: March 27, 1992. to� U) �a'oo 14 a W 3::] STE N JAMES CHOI 7ZOa - Z o 0a U Z 15 Attorney for Applicants G = WaggW 16 � a►- 0 17 18 19 20 21 22 23 24 25 26 27 28 • LNM omes3 0► STEVEN JAMES CHOI STEVEN JAM93 CHOI 1440 DROAOWAY.SUITE 300 SAN JOSE 0►FlCE SHAWN PATRICK YOUNG OAKLANO,CAI WORNIA 94612 $900 STCVCNS CRCER OLVD-0340 or eouMseL SAN JOSE. CALIFORNIA 95129 WILLIAM L DGR* TeLePHONe 14151 830-4900 (405( 294-4900 ►AC3IMILG(4131 444-4492 July 16, 1991 Julie Aumock Risk Management 651 Pine Street, 6th Floor Martinez, CA 94553 Re: My Client: Jihong Min Ok Date of Accident: 07-07-91 Claim No: IA 92-002J Dear Ms. Aumock: This letter willinform you that our office represents the above-named person with respect to the above-dated accident. In the future kindly direct all communications regarding this claim to our office. Thank you for your courtesy and cooperation. Very truly yours ,zRaymond,pheung RTC:ic • �k��b�t Z LAW Or07Ce3 Or ~- STEVEN JAMES CHOI �TEVGN JAMCS CHOI 1440 BROADWAY.SUITG 3Oo SAN JOSS OFVICG SHAWN PATRICK YOUNG - ' OAKLAND, CALIFORNIA 94682 5300 STGveNS CRCGK 8WO..03e0 Or C01JN*ZL - SAN JOSC. CAUFORNIA 90129 WILLIAM L.DCRO TGLCPMONC(310)839--4300 294-4300 FACSINILc(5101444-..32 March 12, 1992 Julie Aumock Risk Management 651 Pine•Street, 6th floor Martinez, CA 94553 Re: Our Clients: Jihong Min Ok and Brian Ok Your Insured: Ronald Bryant, Jr./ Contra Costa Sheriff Department Claim Number: IA 92-002J DOA: July 7, 1991 Dear Ms. Aumock: Jihong Min Ok and Brian Ok have completed treating, and would like to explore the possibility of settling this case without the necessity of litigation. We have enclosed all of the relevant documents for your review. If there are any further documents of information that you require, please.let me know. I. i bili : This accident occurred on El Portal Drive near San Pablo Dam Road in Contra Costa County, California. Plaintiff was westbound on San Pablo Dam Road waiting at the red light when struck by your insured, who failed to stop for a red traffic signal. The police Report indicates that the primary collision factor in this accident was the other driver's violation of Section 21453(a) of the California Vehicle Code, proceeding in traffic against a red signal light. (See Police Report attached as Exhibit 1.) II. Inluries and Damages: A: property Damage: This accident caused significant property damage to Plaintiffs vehicle. (See photos of property damage attached as Exhibit 2.) B: Medical Treatment: j1hong Min Ok: 1. Regional Ambulance and Highland Hospital: On the day of the accident, Plaintiff was administered emergency assistance at the scene by paramedics and was transported to Kaiser Hospital, Richmond. Plaintiff's chief complaints were head, chest, back and knee pain. Her diagnosis was head injury and back strain. (See Regional Ambulance and Kaiser Medical Records. attached as Exhibit 3.) 4 d Julie Aumock March 12, 1992 Page 2 of 4 2. Dr. Mark J. Wagner: On July 24, 1991, due to continuing complaints in connection with the above accident, Plaintiff sought follow-up treatment from Dr. Mark Wagner. Plaintiffs chief complaints were headaches, neck pain, back and shoulder pain. Plaintiff's diagnosis was cervicothoracic strain with secondary cephalgia, head contusion with secondary cephalgia, right sacroiliac sprain with associated lumbar strain and left shoulder sprain. (See Dr. Wagner's Medical Records attached as Exhibit 4.) 3. Dr. Maire E. McAuliffe: On August 5, 1991, due to further symptoms in connection with the above accident, Plaintiff sought follow-up treatment from Dr. Maire McAuliffe. Plaintiff's chief complaints were nervousness, neck pain, shoulder and arm pain, and pain in both legs, as well as shoulder and upper arm pain. Plaintiff's diagnosis was neck sprain. (See Dr. McAuliffe's Medical Records attached as Exhibit 5.) 4. Shin Kyong Acupuncture Clinic: On November 18, 1991 and November 22, 1991, Plaintiff was administered two sessions of acupuncture treatment to the neck and legs by Joo Hoo Yoo of the Shin Kyong Acupuncture Clinic. (See Shin Kyong Acupuncture Clinic Statement attached as Exhibit 6.) 5. Marissa P. Israel. D.M.D. On November 18, 1991, Plaintiff sought follow-up care from Dr. Israel in connection with continuing pain in the face and jaw area due to the above accident. Plaintiff was diagnosed as having received a blow to the jaw in the accident, resulting in TMJ pain. Plaintiffs treatment consisted of desensitizing treatment, occlusal guard and two surface amalgams, as well as three surf composite prims on the affected teeth. Plaintiff will be referred to an oral surgeon for further evaluation and treatment, in the event the treatments by. Dr. Israel do not resolve Plaintiffs problems. (See Dr. Israel's Medical Records attached as Exhibit 7.) 6. Dr. Robert Bocknek, D.C.: On July 9, 1991 , due to continuing' symptoms in connection with the above accident, Plaintiff sought follow-up treatment from Dr. Robert Bocknek. Plaintiff's chief complaints were initial neck pain, suboccipital headaches, left shoulder pain and numbness, radiation of pain to left arm with weakness, mild midline low back pain, and intermittent mid-back pain. Plaintiff's diagonosis was moderate cervicothoracic and mild to moderate lumbosacral sprain/strain injuries to the paraspinal soft tissues, attendant myofibrositis with residual fibrotic material of injured then healed tissue, mild to moderate concussion of right side of the head. Plaintiff received treatment from Dr. Bocknek through December 27, 1991. (See Dr. Bocknek's Medical Records attached as Exhibit 8.) Plaintiff, Jihong Min Ok incurred the following medical expenses: 1. Regional Ambulance: $ 289.00 2. Kaiser Hospital: $3,268.00 S Julie Aumock . March 12, 1992 Page 3 of 4 3. Dr. J. Mark Wagner: $ 250.00 4. Dr. Maire E. McAuliffe. : $ 180.00 5. Shin Kyong Acupuncture Clinic: $ 60.00 6. Marissa P. Israel, D.M.D. $ 835.00 7. Dr. Robert Bocknek, D.C. $4,945.00 Total Medical Specials: $9,827.00 (See Plaintiffs medical bills attached as Exhibit 9.) Brian j67vv- 'r 1. Regional Ambulance/ Kaiser Hos ital: On the date of the accident, Plaintiff, Brian Ok, was administered emergency treatment at the scene by paramedics, and transported to Kaiser Hospital. Plaintiffs chief complaints were neck and back pain, and headaches. (See Regional Ambulance/ Kaiser Hospital Medical Records attached as Exhibit 16.) 2. Dr. Robert Bocknek. D.C.: On July 10, 1991, due to continuing complaints in connection with the above accident, Plaintiff, Brian Ok, sought follow-up treatment from Dr. Robert Bocknek. Plaintiffs chief complaints were neck pain, back pain, and scratches and swellling to his face. (See Dr. Robert Bocknek's Medical Records attached as Exhibit 17.) Plaintiff, Brian Ok, incurred the following medical expenses: 1. Regional Ambulance: $285.00 2. Kaiser Hospital: $ not available at this time. 3. Dr. Robert Bocknek: $115.00 Total Medical Specials $ to be added. (See Plaintiff's medical bills attached as Exhibit 12.) Continued on next page Julie Aumock March 12, 1992 Page 4 of 4 C: Wage Loss: At the time of the accident, Plaintiff, Jihong Ok, was employed by Wells Fargo Bank as an Assistant Operations Officer. Plaintiff was employed full time, earning $2,414.00 per month. Due to the accident, Plaintiff lost over three months of work, for a total loss wages of $8,449.00. (See wage loss verification from Wells Fargo Bank attached as Exhibit 13.) D: Miscellaneous Loss: In addition,from the necessity of treatment, Plaintiff incurred the following expenses: 1. Gas: $57.00 (Exhibit 14.) _ 2. Parking: $32.75 (Exhibit 15.) 3. Toll fee: $37.00 (Exhibit 16.) III. Conclusion: In an effort to conclude this mater as simply as possible, this letter will serve as a formal demand for the-49of $50,000 in full and complete settlement for damages suffered by Jihong Min Ok and the sum of $5,000 in full and complete settlement for damages suffered by Brian Ok. Please respond to this offer within thirty(30) days from the date of this letter. If there are any questions or additional information that you require, please let me know immediately. Thank you for your courtesy and cooperation. (jytruly yo , `�i� is a en James Choi © Encl. t !► e� -� -�k�� --, County Administrator �� Contra Uability Claims (510)846-4155 Risk Management Costa Risk Administration (510)646-2014 Safety (510)646-2203 County Administration Building Vocational Rehabilitation (510)646-2239 651 Pine Street,6th Floor County Workers'Compensation (510)646-2926 Martinez,California 94553 Fax Number (510)646-2547 COUI+ March 24, 1992 Ms. Jenny Oh Law Offices of Steven James Choi 1440 Broadway, Suite 306 Oakland, California, 94612 Regarding: Your Clients: Jihong Min Ok & Brian Ok Claim No: IA 92-002 J Date of Accident: July 7, 1991 Dear Ms. Oh: .414 a of March 2X& t ung `a e s g c :ag ase emeg ffersince; our .fide ha. _. U. MAIM eenc'1'oseno time c awnAM it iced. Pursuant. ae=nmentxCodeVSe �deaNaeaa e "t` n��x > n ttie c crt _ atute f Lia 'ans,; or ,a�,t me2�r t~2a r aa'"vn�MahUaryg" Please feel free to call me if you would like further clarifica- tion of our position. erely, c Julie Aumock, Liability Claims Adjuster JA:alh RECEIVED MAR 2 7 1992 (''_ l ��cS�tt�t� M A R -• 2 7 = 9 2 F R I 14 : 2Z CONTRA COSTA C O R I S K M G T P . 02 Clair. to: BOARD OF SUPERVISORS OF CONTRA COSTA CO(JNTY INSTRUCTIONS TO CLAIMSiNT A. Claims relating to causes of action for death or for injury to person or to per- sonal property or growing crops and Which accrue on or before December 311 19879 must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to causes of action for -death or for injury to person or to personal property or growing crops and which accrue on or after January 19 1988, must be presented not later than six months after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Govt. Code 5911.2.) B. Claims must be filed with the Clerk of the Board of Supervisors 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. RS: Claim By ) Reserved for Clerk's filing stamp Jihong Ok ) Brian Ok . ) Against the County of Contra Costa ) or ) , • District) Fill in name The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ 5. 0 ,000 :00 and in support of this claim represents as follows 1. When did the damage.or injury occur? (Give exact date and hour) 7-7-91 .16:04 hours 2. Where did the damage or injury occur? (Include city and county) E1 Portal Drive & San Pablo Dam Road. Uninc. .Contra Costa County. 3. How did the damage or injury occur? (Give full details; use extra paper if required) Auto Accident with CC Sheriff' s vehicle. ` 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or,damage? 1 . Negligent operation of vehicle. 2 . Violation of Vehicle Code section 21453(A) MAR — M7 — 'PM F R Z 1 4 : 2 .4 C O N T R A C OST A CO . RISK M G -r P . OZ �. wnat are vie names of county or district officers, servants or employees cauling the daaage or injury? CC Sheriff ' s Department. Roland Jerry Bryant, Jr. 5. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. Jihong Ok medical bills: $9,827.00. Brian Ok medical bills: 400. 00 7• How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) -- ----------- 8. Names and addresses of witnesses, doctors and hospitals. See attachement A. ------------------------------ ------ ------..�_---- 9. List the expenditures you made on accoumt of this accident or injury: FATE ITEM MOUNT Gov. Code Sec. 910.2 provides: "The claim must be signed by the claimant SEND NOTICES TO: (Attorney) or by some oeraon his behalf." Name and Address of Attorney Steven James Choi Attorney at Law a: t Signature 1440 Broadway, Suite 306 Oakland, CA- 94612 Address Telephone No. (510) 839-4300 Telephone No. # # # # # # e # # # # # # # I T I V # e # 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 ary 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 ($1,000), 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. Attachment A I. Medical Facilities: 1. Regional Ambulance 41300 Christy Street Fremont, CA 94537-7780 2. Kaiser Hospital 280 W. MacArthur Blvd. Oakland, CA 94611-5693 3. Dr. J. Mark Wagner 1242 Market Street San Francisco, CA 94102 4. Dr. Maire E. McAuliffe 525 Irving Street San Francisco, CA 94122 5. Shin Kyong Acupuncture Clinic 20160 Balboa Street San Francisco, CA 94121 6. Marissa P. Israel 2000 Van Ness Avenue San Francisco, CA 94109 7. Dr. Robert Bocknek 2201 Post Street San Francisco, CA 94115 PROOF OF SERVICE BY MAIL I, the undersigned, declare: I am a citizen of the United States of America and am employed in the County of Alameda. I am over the age of 18 years and not a party to the within-entitled action. My business address is 1440 Broadway, Suite 306, Oakland, California, 94612. On March 27, 1992 1 served the within attached documents listed as follows: APPLICATION FOR PERMISSION TO PRESENT LATE CLAIM by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid and depositing the same in a United States Post Office Mail Box, addressed as follows: Julie Aumock Contra Costa County Risk Management Department 651 Pine Street, 6th Floor Martinez, CA 94553 I declare under penalty of perjury that the foregoing is true and correct. Executed on March 27, 1992 under the laws of th State of California. D cl rang