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Home My WebLink AboutMINUTES - 05181993 - 1.19 CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT MAY rF,=93 and Board Action. All Section references are to The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $25,101.25 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: BENAS, Ethel Mayer ATTORNEY: Evelio M. Grillo, Esq. Levy, Samrick & Bernard, Inc. Date received ADDRESS: 388 Market St. ,. Suite 1000 BY DELIVERY TO CLERK ON April 16, 1993 San Francisco, CA 94111 certified BY MAIL POSTMARKED: April 15, 1993 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. IVHIL BATCHELOR, Clerk DATED: April 19, 1993 Bl : DeputyZQ�� II. FROM: County Counsel TO: Clerk of the Board of Sup&Wisors ( ✓) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ), Other: Dated: 1( q i 9 3 BY: Deputy County Counsel i III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present ( This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: MAY 18 1993 PHIL BATCHELOR, Clerk, By . Deputy Clerk WARNING (Gov. code 4icti 913) Subject to certain exceptions, you have only six (6) months from the date this notice was 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 of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For additional warnina see reverse side of this notice. AFFIDAVIT OF MAILING 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 this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: MAY 18 1993 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator Y - This warning does not apply to claims which are not subject to the California Tort Claims Act such as actions in inverse condemnation, actions for specific relief such as mandamus or injunction, or Federal Civil Rights claims. The above list is not exhaustive and legal consultation is essential to understand all the separate limitations periods that may apply. 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 of -' its ' rights under California Tort Claims Act nor does it waive rights under the statutes of limitations applicable to actions not subject to the California Tort Claims Act. �. - laim to: BOARDS SUPERVISORS OF CONTRA COSTA CW IWMCTIONS TO CLADWU 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 31, 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 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 Mor—m. * * * * * * * * * * * * * * * * * * III III * * * * * * * * IN III III RE: Claim By ) Reserved for Clerk's filing stamp ETHEL MAYER BENAS ) RECEIVED Against the County of Contra Costa ) APR 1 6 lei or ) District) CLERK BOARD OF SUPERVISORS Fill in name ) CONTRA COSTA CO. The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ 25, 10 1. 25 and in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact date and hour) January 30-, 1993, 1: 45 p.m. 2. Where did the damage or injury occur? (Include city and county) On sidewalk located on Terra California Drive 20 Eaces north of Rossm?r. California 3. How did the damage or injury occur? (Give full details; use extra paper if .required) The claimant tripped over an -uneven sidewalk. 41 What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? Failure to maintain sidewalk properly. (over) 5. What are the names of<&nty or district officers, serts or employees causing the damage or injury? Unknown. -----------------------------------------------------------------------=------ ------- 6. What damage or injuries do you claim resulted?. (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. Cut on forehead, bruises causing paid over entire left side of body, bruises to the right knee, broken prescription glasses . 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) Broken glasses $101. 25 Medicals $250 . 00-$1, 000 . 00 Pain and suffering $24,000 .00=$25,000 . 00 ---------------------------------------------------------------------------- 8. Names and addresses of witnesses, doctors and hospitals. Kaiser -Walnut Creek, CA 94596 ------------------------------------------------------------------------------------- 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT l/30/93=Present:._--. .medical Expense Unknown at present 2/24/93 Replacement glasses $101. 25 Gov. Code Sec. 910.2 provides: "The claim must be signed by the claimant SEND NOTICES TO: (Attorney) or by some person on his behalf." Name and Address of Attorney Evelio M. Grillo, Esq. ; ' Levy, Samrick & Bernard, Inc. Cla t s Signature 388 Market Street, Suite 1000 San Francisco, CA 94111 11 Terra California No. 3 Address Walnut Creek, CA 94595 Telephone No. (4 15) 391-5270 Telephone No. (510) 932-5561 :. .. I a * a a * * * * !F 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 ($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. LAW OFFICES OF LEVY, SAMMCK & BF-P-NAIRD, INC. PETER L. LEVY 388 MARKET STREET TELEPHONE PHILLIP R. SAMRICK (415) '391-5270 LUCIUS P. BERNARD SUITE 1000 _ WILLIAM V FLECKLES FACSIMILE SAN FRANCISCO, CALIFORNIA 94111 DINAR F. ERBv - (415) 391-5210 EVELIO M.GRILLO PATRICK O'DONNELL April 12, 1993 RE VED CERTIFIED MAIL. RETURN RECEIPT REQUESTED Clerk of the Board of Supervisors 6 1993 Room 106, County Administration Building 651 Pine Street CLERK BOARD OF SUPERVISORS Martinez, CA 94553 CON TRACOS'rACO. Dear Sir or Madam: On behalf of Ethel Mayer Benas, I submit the enclosed claim for personal injuries sustained by Mrs. Benas on January 30, 1993 on a public sidewalk in Walnut Creek, California. Please advise me at your earliest convenience whether the County will accept or reject the claim. Very truly yours, LEVY,4VELIO & BERNARD, INC. r By: . LL EMG:mm Enclosure 989emgm i CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT MAY 18, 1993 and Board Action. All Section references are to The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: Undetermined Section 913 and 915.4. Please note all "Warnings". CLAIMANT: FLOWERS, Keith ATTORNEY: Richard J. Simons, Esq. Furtado, Jaspovice & Simons Date received ADDRESS: Law Corporation BY DELIVERY TO CLERK ON April 14, 1993 22274 Main Street Hayward, CA 94541 BY MAIL POSTMARKED: hand delivered I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: April 19, 1993 JyIL BAATTCHELOR. Cler ty JAY II. FROM: County Counsel TO: Clerk of the Board ofNiu2tgAlsors (V) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: �, /9 9 3 BY: Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOA�RDD ORDER: By unanimous vote of the Supervisors present (Y) This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. O p Oated MAY 18 1993 PHIL BATCHELOR, Clerk, 8y Deputy Clerk WARNING (Gov. code sec 13) Subject to certain exceptions, you have only six (6) months from the date this notice was 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 of an attorney of your choice in .connection with this matter. If you want to consult an attorney, you should do so immediately. *For additional warning see 1"everse Side of this notice. AFFIDAVIT OF MAILING 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 18; and that today I deposited in the United States Postal Service in Martinez, California. postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimppa��nt as shown above. no Dated: )"lAl 1 8 �� BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator This warning does not apply to claims which are not subject to the California Tort Claims Act such as actions in inverse condemnation, actions for specific relief such as mandamus or injunction, or Federal Civil Rights claims. The above list is not exhaustive and legal consultation is essential to understand all the separate limitations periods that may apply. 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 of its rights under California Tort Claims Act nor does it waive rights under the statutes of limitations applicable to actions not subject to the California Tort Claims Act. 1 RICHARD J. SIMONS, ESQ. FCEIV FURTADO, JASPOVICE & SIMONS Y 2 A Law Corporation 3 22274 Main Street APR 1 41993 Hayward, CA 94541 (510) 582-1080 tl3 .15 Pm lOFv4 erDF rt!�C"a�Tl� `r? 5 Attorneys for Claimant _ u_ y n� KEITH FLOWERS 6 7 8 BEFORE THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA COSTA 9 10 11 KEITH FLOWERS, NOTICE OF CLAIM (Government Code §910) 12 Claimant, 13 TO THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA COSTA, AND 14 TO THE CLERK AND SECRETARY THEREOF: 15 Claimant KEITH FLOWERS presents the following claim: 16 1. The name and post office address of claimant is as 17 follows: KEITH FLOWERS, c/o Furtado, Jaspovice & Simons, A Law 18 Corporation, 22274 Main Street, Hayward, CA 94541. 19 2 . All notices regarding this claim should be sent to the 20 address set forth above. 21 3 . The occurrence which gives rise to this claim occurred on 22 October 16, 1992 , within the confines of the County of Contra 23 Costa. 24 4 . Claimant was driving his vehicle eastbound on Norris 25 Canyon Road, in a curved area of roadway approximately one-quarter 26 FURTADO,JASPOVICE & SIMONS - A LAW CORPORATION 22274 MAIN STREET HAYWARD.CALIF. 94541 582-1080 351-11111 c 1 mile west of Bollinger Canyon Road, in the area adjacent to 2 telephone pole number 11729, at the time of the subject incident. 3 The area of Norris Canyon Road described herein, was designed, 4 controlled, and maintained by the County of Contra Costa. At the 5 time and place set forth herein, the area of Norris Canyon Road in 6 question constituted a dangerous condition of public property, of 7 which the employees of the County of Contra Costa and the County 8 itself had actual and constructive notice, and which dangerous 9 condition said employees had created, and contributed to by 10 negligent maintenance. The area was in a dangerous condition 11 because of a sharp turn in the roadway in a 55 mile per hour speed 12 zone, of which no warning was given, and which was not reasonably 13 apparent to a. driver using the roadway with due care in a manner in 14 which it was reasonably foreseeable that it would be-used. Said 15 turn could not be negotiated safely by a reasonable driver, and 16 constituted a trap. 17 5. Unknown employees of the County of Contra Costa were 18 negligent in the maintenance and control of the area of Norris 19 Canyon Road described herein, in that they had actual and 20 constructive notice of the dangerous condition, and failed to take 21 any action to remedy or warn against it. The unknown employees of 22 the County of Contra Costa were further negligent in the 23 maintenance of the roadway, in that they employed maintenance 24 procedures and techniques which increased the risk of injury to 25 motorists using Norris Canyon Road with due care. 26 6. As a result of the negligence of the employees of the FURTADO.JASPOVICE & SIMONS A LAW CORPORATION 22274 MAIN STREET HAYWARD.CALIF. 94541 582-1090 351-6111 1 County, and of the existence of the dangerous condition of public 2 property described herein, claimant's motor vehicle left Norris 3 Canyon Road and struck a tree, causing claimant to receive serious 4 personal injuries, incur medical expenses, lose income, and 5 experience pain and suffering and emotional distress. Claimant has 6 been left with residual damage to the left leg, resulting in pain, 7 loss of motion, and need for future medical treatment. 8 7. The names of the employees of the County of Contra Costa 9 whose negligence has created and contributed to, failed to warn 10 against, and failed to remedy the dangerous condition of public 11 property described herein, and whose negligence have caused the 12 injury, damages, and losses of claimant as set forth herein, are 13 currently unknown. 14 8. The amount of this claim exceeds $10, 000. 00, and 15 jurisdiction of this claim would rest in the Superior Court. 16 9. This claim is submitted pursuant to Government Code §910. 17 Dated: April 12, 1993 FURTADO, JASPOVICE & SIMONS 18 A Law Corporation 19 20 By RICHARD J. SIMONS 21 Attorneys for Claimant KEITH FLOWERS 22 23 24 25 26 FURTADO.JASPOVICE & SIMONS A LAW CORPORATION 22274 MAIN STREET HAYWARD,CALIF. 94541 582.1080 351-8111 1 PROOF OF PERSONAL SERVICE 2 I, KURT MANGELS, declare that I am a citizen of the United 3 States and a resident of the County of Alameda. I am over the age 4 of . eighteen years and`.not .:,a party :to the within. above-entified actian. '-My "business address 'is 3699 Oaks Drive, Hayward, 6 California 94542. 7 On April 1993, I served with within NOTICE OF CLAIM 8 (Government Code 5910) on the parties in said action by personally 9 delivering a true copy thereof to their attorney of record as 10 follows: 11 Clerk of the Board of Supervisors County of Contra Costa 12 651 Pine, Room 106 Martinez, CA 94553 13 14 I, KURT MANGELS, declare under the penalty of perjury under 15 the laws of the State of California that the foregoing is true and correct. 16 17 Executed on April , 1993, at Hayward, California. 18 r 19 KfJRT MANGE 20 21 22 ` 23 24 25 26 URTAOO.JASPOVICE & SIMONS A LAW CORPORATION 22274 MAIN STORKT NATWARO.CALIF. 94941 902-1000 91-0111