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HomeMy WebLinkAboutMINUTES - 04012003 - C10 CLAIM BOARD!2F SUPERVIS RS OF CONTRA CO TA COUNTY BOAR ACTION: APRIL 01, 2003 Claim.Against the County, or District Governed by ) the Board of Supervisors, Routing Endorsements, } NOTICE TO CLAIMANT and Board Action. All Section references are to ) The copy of this document mailed to you is your California Government Codes. ) notice of the action taken on your claim by the Board of Supervisors. (Paragraph IV below), given Pursuant to Government Code Section 913 and s f X15.4. Please note all "Warnings". AMOUNT: UNKNOWN CLAIMANT: JESUS JOSE. QLT ACOUNTY C 0 ,,sSE ATTORNEY: ASHWANI K. BHAKHRI DATE RECEIVED: FEBRUARY 25, 2003 ADDRESS: 1294 OLD BAYSHORE HWY. #255 BY DELIVERY TO CLERK ON: FEBRUARY 27, 2403 BURLINGAME, CA. 94410 BY MAIL POSTMARKED: HAND DELIVERED FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. FEBRUARY 27 2443 JOHN SWEETEN, Clerk -� Dated: By: Deputy II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) This claim complies substantially with Sections 910 and 910.2. (0/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 914.8). ( ) 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,, t ` , "� ' '� �,` 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: { 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: _ APRIL 01, 2443 JOHN SWEETEN, CLERK, By , Deputy Clerk WARNING(Gov. code section 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 Warning 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. z . Dated: JOIN SWEETEN,CLERK By Deputy Clerk OFFICE OF THE COUNTY COUNSEL SILVANCI B.MARCHESI COUNTY OF CONTRA COSTACOUNTY COUNSEL -Administration Building 651 Pine Street, 91" Floor ,, -"=�a4 SHARON L. ANDERSON Martinez, California 94553-1229 CHIEF ASSISTANT 1 is a (925) 335-1800 GREGORY C. HARVEY � �; -�+'aal!��,1 ��"`�,�. i �� VALERIE J. RANCHE (925) 646-1078 (fax) °,, r ASSISTANTS m' "co NOTICE OF UFFICIENCY AND/OR NON-ACCEPTANCE OF CLAIM TO: Ashwani K. Bhakhri 1290 Old Bayshore Hwy., ##255 Burlingame, CA 94010 RE: CLAIM OF: Jesus Jose Quezada 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: [ ] I. The claim fails to state the name and post office address of the claimant. [ ] 2. The claim fails to state the post office address to which the person presenting the claim desires notices to be sent. [X] 3. The claim fails to state the date, place or other circumstances of the occurrence or transaction which gave rise to the claim asserted. [ ] 4. The claim fails to state the name(s) of the public employee(s) causing the injury, damage, or loss, if known. [X] 5. The claim fails to state whether the amount claimed exceeds ten thousand dollars ($10,000). 1f 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. [ ] 6. The claim is not signed by the claimant or by some person on his or her behalf. [X] 7. Other: Claimant did not identify the alleged dangerous condition or risk of harm encountered. Page 1 SILVANO B. MARCHES1 COUNTY COUNSEL By: Deputy County Counsel CERTIFICATE OF SERVICE BY MAIL (C.C.P.§§ 1012, 1013a,2015.5;Evidence Code§§641,664) 1 declare that my business address is the County Counsel's office of Contra Costa County,651 Pine Street,Martinez,California 94553;1 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: ;F� 03at Martinez,California. A/ cc: Clerk of the Board of Supervisors(original) Risk Management (NOTICE OF INSUFFICIENCY OF CLAIM:GOVT.CODE§§910,910.2,920.4,910.8) Page 2 CLAIM BC)A p SUP R't'I it F C NT Tl' BOA"A!gT APRIL 01 2003 Claim Against the County, or District Governed by the Board of Supervisors,Routing Endorsements, } NOTICE TO CLAIMANT and Board Action. All Section references are to ) The copy of this document mailed to you is your California Government Codes. } notice of the action taken on your claim by the Board of Supervisors. (Paragraph IV below), given Pursuant to Government Code Section 913 and 915.4. Please note all"Warnings" AMOUNT: UNKNOWN CLAIMANT: JESUS JOSE,.QUEZ6PA ATTORNEY: ASHWANI K. BHAKHRI DATE RECEIVED: FEBRUARY 26, 2003 ADDRESS: 1.290 OLD BAYSHORE HWY. #255 BY DELIVERY TO CLERK ON: FEBRUARY 27 2 2003 BURLINGAME, CA. 9401.0 BY MAIL POSTMARKED: HAND DELIVERED FROM: Clerk of the Board of Supervisors TO: County Counsel Attached',is a copy of the above-noted claim. JOHN SWEETEN, Clerk Dated: FEBRUARY 27, 2003 By: Deputy CI. FROM: County Counsel TO: Clerk of the Board of Supervisors This claim complies substantially with,Sections 910 and 914.2. } 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). t ) 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: 7ated: By, Deputy County Counsel U. FROM: Clerk,of the Board TO: County Counsel(1) County Administrator(2) ) Claim was returned as untimely with notice to claimant(Section 911.3). V. 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 Carder entered in its minutes for this date. )ated: JOHN SWEETEN, CLERK, By ,Deputy Clerk WARNING(Gov. code section 913) >ubject to certain exceptions, you have only six(6)months from the date this notice was personally served or deposited n 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 mmediately. *For Additional Warning See Reverse Side of This Notice. AFFIDAVIT OF MAILING declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United 'tates, over age 18; and that today I deposited in the United States Postal Service in Martinez, California,postage fully )repaid a certified copy of this Board Order and Notice to Claimant, addressed to the cl4mant as shown above. )ated: JOHN SWEETEN,CLERK By Deputy Clerk Claim to: BOARD OF SUPERVISORS OF CONTRA COSTA OOUNTY INSTRUCTIONS TO C LAIK Y T 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 an or before December 31, 1987, must be presented not later than the 100th day after the accrual of the rause 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 muse 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 Roam 1Q6, City Administration Building, 651 Pare Street, Martinez, CA 94558. 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 Seo. 72 at the end of this orm. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * RE: Claim By ) Reserved for Clerk's filing stamp FEB�" }) � Eb9 r ✓ s�J S AgaInst t e County of Contra Costa orUlf _RN ht ) : Lo�- Tfistrict) (FillIn/name)- The undersigned claimant hereby makes claim against, a County of Contra Costa or the above-named. District in the sum of $ , w-v" 4 ' ofv� and in support of this claim represents as follows 1. When did the damage or injury occur? (Give exact date and hour) d 2. Where dJ4 the damage or injury occur? (include city and county) L 3. Haw did the a or injury cecur? -](Give fta11 details; a extra paper' if required) s r j'F a p u + ' FA ► c � 4. What particular act or emission on the part of county or district offioers, servants or employees caused the injury or ? F� Ot- to 1 €a h� f i; 5 t� t Ytz, . h 1 7� o 0 3 fthd3'iPA� N- Lfi nC t u € C eke a IL=, ,. L `►VwIA01: (over) d ; ,of Gia =' % . 5. iWhat are the names of county or district officers, servants or employees causing the damage or injury? 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. 1St I A?- Avid' .�q F F't A)'I- .a 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. �, i/�.- ..,1✓��( (566 �`'�"�{�i� �� �� #�� ��'3�Y'7�'�;;�f #,�t�L'��'!G}�i, ,y co `;9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT Gov. Code Sec. 910.2 provides: "The claim must be signed by the claimant SEND NOTICES TO: (Attorney) or by.same person on his behalf." Name and Address of Attorney gl') e Clai is Signature Address i tdLn 6 Telephone No. / 3`f Telephone No. L r 771- 7C-C) NOTICE Section 72 of the Penal Code provides: "Every person who, with intent to defraud, presents for allowance or for payment to any state bard 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 ($19000), 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.