The URL can be used to link to this page

Home My WebLink AboutMINUTES - 06151993 - 1.17 i . i7 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 JUNE, 15, 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: Unspecified Section 913 and 915.4. Please note all "Warning�41k_ s, CLAIMANT: CAMARISTA, Arthur Qy-- ATTORNEY: Alastair R. McCloskey "'ply Law Offices Date received ADDRESS: 3300 Telegraph Ave. BY DELIVERY TO CLERK ON May 12, 1993 %: Oakland, CA 94609 BY MAIL POSTMARKED: I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. pp g DATED: May 19, 1993 BIL Deputy OR, Clerk II. FROM: County Counsel TO: Clerk of the Board of Su visors ( ) 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: /rc Z O (q q 3 6 . �• Deputy County Counsel I11. 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 Wl"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. A' Dated: 'JUN 110PHIL BATCHELOR, Clerk, 8 , Deputy Clerk WARNING (Gov. code se 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: JUN 2 11993 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator NOTICE OF INSUFFICIENCY AND/OR NON-ACCEPTANCE OF CLAIM TO: Alastair R. McCloskey 3300 Telegraph Ave. Oakland, CA 94609 RE: CLAIM OF: Arthur Camarista Please Take Notice as Follows: The claim you presented against the County of Contra Costa or District governed by the Board of Supervisors fails to comply substantially with the requirements of California Government Code Section 910 and 910.2 , or is otherwise insufficient for the reasons checked below: [xx] 1. The claim fails to state the name and post office address of the claimant. [xx] 2 . The claim fails to state the post office address to which the person presenting the claim desires notices to be sent. [xx] 3. The claim fails to state the date, place or other circumstances of the occurrence or transaction which gave rise to the claim asserted. [xx] 4 . The claim fails to state the name(s) of the public employee(s) causing the injury, damage, or loss, if known. [xx] 5. The claim fails to state whether the amount claimed exceeds ten thousand dollars ($10,000) . If the claim totals less than ten thousand dollars ($10,000) , the claim fails to state the amount claimed as of the date of presentation, the estimated amount of any prospective injury, damage or loss so far as known, or -the basis of computation of the amount claimed. If the amount claimed exceeds ten thousand dollars ($10,000) , the claim fails to state whether jurisdiction over the claim would rest in municipal or superior court. [ ] 6 . The claim is not signed by the claimant or by some person on his behalf. [xx] 7 . Other: Please note that the Pittsburgh Health Center is a facility owned operated by the County of Contra Costa. The claims provisions of the California Tort Claims Act are therefore applicable. Claims against this facility should be submitted to the Clerk of the Board of Supervisors at 651 Pine Street, Rm 101, Martinez. VICTOR J. WESTMAN, County Counsel By: L" . g, Dep younty Coun CERTIFICATE OF SERVICE BY MAIL (C.C.P. SS 1012, 1013a, 2015.5; Evidence Code SS 641, 664) I declare that my business address is the County Counsel's Office of Contra Costa County, 651 Pine Street, Martinez, California 94553; I am a citizen of the United States, over 18 years of age, employed in Contra Costa County, and not a party to this action. I served a true copy of this Notice of Insufficiency and/or Non- acceptance of Claim by placing it in an envelope addressed as shown above, sealed and postage fully prepaid thereon, and thereafter was, deposited this day in the U.S. Mail at Martinez, California. I certify under penalty of perjury that the foregoing is true and correct. Dated: May 25, 1993 at Martinez, California. cc: Clerk of the Board of Supervisors (original) Risk Management (NOTICE OF INSUFFICIENCY OF CLAIM: GOVT. CODE SS 910, 910.2, 920.4, 910.8) h.)NY-11-1993 09: 1,9 FROM PITTSBURG HEALTH CE14TER TO} 55399 P.02 d. r t LAW C ICES QF t_ 9 A1ISTAIRR McCLOSECEY rr ®® ' '" 3300 TEI,EGFWf�i{AVENUE � gr; '' ,f1��'�E® OAKLAND, C. '94609 Y (510) 451-54441;` 3 r 27 April '199.3 ` Y " CLERK BOARVOP'SUPERVISORS GOfd'I,'RA;:COSTA'G®. F t ) r t Contra Costa R'Cotinty. °Health:'Servic"es".-I, Mer .�. Merrithew Mermoriyal Hospital & Clinics 4� 5Q chc�ol r.7tlGt tt (fit f St ."q ,"C ka�tyw 'C� ' s}+F i 1 Pittsburg Ca.'' 94505 t Attention : s Adinini. tratar �` k ¢ Refe cense : OUR",CLIENT 5 Arthur, Camaristan , DATE=Q 't L(7SS" 29kMarcY 1,993� `4 . LOCATION OF LOSS • Pittsburg, HeaYti center , ta ,t4P�ttsburg ` Ca: ; z Dear s ir/NladamE r �� ' r a � �"i 4 t 3'g. v �t'i.�s �t•i`'�' it 4x" �ry", 3t�' z- � This t�ffice has` been `rewtaa ed ,by thea��b` , 0 named client to represent him in ''a claim ' ar n�ux`ies sustatined `" as a result 6� a .S'�l1 r ti -y4 p ;.:and fall in rcyour nvest a gation indicates that InegXxgence on =the' p rt tac�l�ty was£ the cause of yourof tk22sKaccxdent / f<�� m#, Howev�:r, sit' het poX3.cyaf EthisX` tf�fieteto settles these '.matters acnicab:ly, 'wathout a la'wsuik Possible . Therefar`:e, we suggestyou'°Vhave youza.nsurance ` k agent contact '.us withih thei nextT 10 days : Tf 7,1 are` self-insured, ale "ase haire your clairnsad"�uster3acontectte ' us within F X ?µms t n that same peri.o@ xx1 x r .T .� Alastal`r R, McCloske 3 , Z�At t ornery at Y . t �' � � r4 ✓x xs t .z rp er3h ai)k �x r - ,, _ •; , a ',_ .-tip 'r~,� .r f i ��sFr �.. . k b ' . - f Y u �ay ✓' 1 , 4 - . En :ben Ba,11 N�.'V�17s'; 1'ar�le ( 510) 450°0626 w u "yes �t i n r £ y y' TnT01 P-AD 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 JLi'VE 15, 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: $7,500,000.00 Section 913 and 915.4. Please note all 'Warnings". CLAIMANT: LAPP, Maurice M. �1gYI, ATTORNEY:' John G. Denove Gheong and Denove Date received ADDRESS: 10100 Santa Monica Blvd. , Ste 340 BY DELIVERY TO CLERK ON May 17, 1993 Qol�i_ Los Angeles, CA 90067 BY MAIL POSTMARKED: May 13, 1993 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: May 19, 1993 EVIL BATCHELOR, Clerk II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( 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: 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. BOARD ORDER: By unanimous vote of the Supervisors present (tl 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:?_U N 15 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 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 it 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. N 2 Dated: �� i BY: PHIL BATCHELOR Deputy Clerk Av CC: County Counsel County Administrator LAW OFFICES CHEONG & DENOVE A PROFESSIONAL CORPORATION CENTURY CITY NORTH, SUITE 340 10100 SANTA MONICA BOULEVARD WILKIE CHEONG LOS ANGELES, CALIFORNIA 90067-4007 TELECORIER: JOHN F. DENOVE (310) 277-5254 MARY M. SENNETT (310) 277-4857 DREW R. ANTABLIN May 13, 1993 ! 3; RECE�V ED 2-DAY PRIORITY MAIL MAY 1 71993 U.S. MAIL & CERTIFIED MAIL RETURN RECEIPT REQUESTED CLERK BOARD OF SUPERVISORS� CONTRA COSTA CO. Board of Supervisors County of ContralCosta 651 Pine Street, Suite 1.06 Martinez, California 94553 Re: Our Client: Maurice Melvin Lapp Gentlemen: This .office-•represents; the above-namedclient with. respect to a claim for injuries resulting from an automobile v. pedestrian.accident which occurred on or about November 21, 1992. The.,accident took place at approximately 6: 00'. p:m. . on Mt. Diablo Boulevard, approximately 732 feet east of Carol Lane, in' the City of Lafayette, County of Contra Costa, State of California. At the stated time and place, our client was crossing Mt. Diablo Boulevard when suddenly a vehicle, which was heading eastbound on Mt1. Diablo Boulevard, hit Dr. Lapp causing him to flip over in the air and land on the ground. As a result of the impact, our client suffered substantial personal injuries. Your negligent conduct, and/or creation and maintenance of a dangerous condition of public property, and/or failure to repair/alleviate a danger which you were or should have been aware of, was a contributing factor in causing the accident, in that, among other things, the roadway constituted a dangerous condition; the roadway was negligently designed; the roadway was not adequately Ii ghted and there was inadequate signage for pedestrians and vehicles; improper posted speed limit and/or other failure to properly control vehicular flow; failure to provide crosswaik;;. failure to, provide signals; -failure to warn the,:pedestrian and motorists of*, the dangerous condition. The following information is provided pursuant to the provisions of Government Code Section 910: f. Board of Supervisors May 13 , 1993 Page 2 1. NAME AND ADDRESS OF CLAIMANTS: RECEVE Maurice M. Lapp SAY 1 11993 1254 Quandt Road Lafayette, CA 94549 CLERKON RA000STA CO ISORS' 2. SEND NOTICE TO: Cheong & Denove 10100 Santa Monica Boulevard, Suite 340 Los Angeles, CA 90067 3 . DATE, LOCATION, AND FACTS OF OCCURRENCE: See above. 4 . NAME OF YOUR EMPLOYEES INVOLVED: Unknown 5. INJURIES PRESENTLY KNOWN: Skull fracture; brain hematomas; rib fractures; pelvic fracture; puncture/laceration of liver, kidney and spleen; dislocation of left ankle; and numerous related personal injuries to his body. 6. AMOUNT OF DAMAGES: Medical and related expenses in the approximate amount of $450, 000. 00; future medical and related expenses in excess of $250, 000. 00; loss of earnings and earning capacity in excess of $2 , 000, 000. 00; general damages for pain and suffering and emotional distress in a presently unascertained sum amount in excess of $3 , 000, 000. At this time, in order to amicably resolve this matter, claimant would be willing to settle and compromise his claim in the sum of $7, 500, 000. 00. I look forward to your reply. Very truly yours, CHEONG DENOVE A�., r essional Corporation i Jo F. Denove JFD/llt jackie\hAstate.510 w U) 0 CL % 4-) 4-) U) En -el �4 0 0 U Lo Ln Lf) > k 4J a) H �4 E-4 040 p 0 0 4-) u 0 P4 V) ; U) —7- H (�4 p4, 44 0 (L) P4 H, 0 - 0 44 Z co >4 H 4-) a4 �4 r� -P M 0 r-4 �4 0 0 LO (0 C14 isl CL t 9) >ci w LU LU < 0 > 0 C) LLJ 0 U 0 LU LU 0 0 oc 0 L (I)o Z 00 z t LUN� 0 LLJ 0 , :, 0 �R <i-- X -< 'n 0 z LLJ ZE 0 0 o u 0 o i 0 z.-z 0 2 Q4F- U z -,, 6 ,, . 0 o z w D F- U z 0 W a 0 LAW OFFICES CHEONG & DENOVE A PROFESSIONAL CORPORATION CENTURY CITY NORTH, SUITE 340 10100 SANTA MONICA BOULEVARD WILKIE CHEONG LOS ANGELES, CALIFORNIA 90067-4007 TELECOPIER: JOHN F. DENOVE (310) 277-5254 MARY M. BENNETT (310) 277-48S7 DREW R. ANTABLIN RECEIVE® May 13, 1993 MAY 171993 2-DAY PRIORITY MAIL CLMK BOARD OF SUPERVISORS U.S. MAIL & CERTIFIED MAIL CONTRA COSTA CO. RETURN RECEIPT REQUESTED Board of Supervisors County of Contra Costa 651 Pine Street, Suite 106 Martinez, California 94553 Re: Our Client: Maurice Melvin Lapp Gentlemen: -This office -represents, the above-named, client .with respect to a "claim- for injuries resulting from' an automobile"v: pedestrian accident which occurred -on or about-November 21, 1992 . The accident took place at approximately - 6: 00 p.m. -�ori. Mt. Diablo Boulevard, approximately 732 feet east of Carol'-Lane,:' in "the City of Lafayette, County of Contra Costa, State- of California. At the stated time and place, our client was crossing Mt. Diablo Boulevard when suddenly a vehicle, which was heading eastbound on Mt. Diablo Boulevard, hit Dr. Lapp causing him to flip over in the air and land on the ground. As a result of the impact, our client suffered substantial personal injuries. Your negligent conduct, and/or creation and maintenance of a dangerous condition of public property, and/or failure to repair/alleviate a danger which you were or should have been aware of, was a contributing factor in causing the accident, in that, among other things, the roadway constituted a dangerous condition; the roadway was negligently designed; the roadway was not adequately lighted and there was inadequate signage for pedestrians and vehicles; improper posted" speed limit and/or other failure to properly control vehicular flow; . failure to provide crosswalk; . failure to provide signals; failure:.to warn- the pedestrian-- and'-motorists of' the dangerous condition: `"`The 'following • information is provided- pursuant,`to:-the provisions of Government Code Section 910: 1 A Board of Supervisors May 13 , 1993 Page 2 1. NAME AND ADDRESS OF CLAIMANTS: Maurice M. . Lapp 1254 Quandt Road t Lafayette, CA 94549 2 . SEND NOTICE TO: Cheong & Denove 10100 Santa Monica Boulevard, Suite 340 Los Angeles, CA 90067 3 . DATE, LOCATION, AND FACTS OF OCCURRENCE: See above. 4 . NAME OF YOUR EMPLOYEES INVOLVED: Unknown 5. INJURIES PRESENTLY KNOWN: Skull fracture; brain hematomas; rib fractures; pelvic fracture; puncture/laceration of liver, kidney and spleen; dislocation of left ankle; and numerous related personal injuries to his body. 6. AMOUNT OF DAMAGES: Medical and related expenses in the approximate amount of $450, 000. 00; future medical and related expenses in excess of $250, 000. 00; loss of earnings and earning capacity in excess of $2 , 000, 000. 00; general damages for pain and suffering and emotional distress in a presently unascertained sum amount in excess of $3 , 000, 000. At this time, in order to amicably resolve this matter, claimant would be willing to settle and compromise his claim in the sum of $7, 500, 000. 00. I look forward to your reply. Very truly yours, CHEONG -.DENOVE A Pr ; essional Corporation Jo F. Denove JFD/llt / jackieltA8tau.510 RL -P -P 00B �4 0 M 0 U U) Lo LO olv v c 04 0 �4 U 4-) U (44 4-4 0 a) 0 >1 zs 4-) � 4-J M � 0 OL CQ u � 0 0 0o 0 > 0 w w 0 0 2 F- j 0) D N FI rc UI 0 w W 0 m a. m o u it U 0 U- ojj 0 z 'N' 6o >- Z " t < u 00 U >. z U) < 0 z 0 w u