Loading...
HomeMy WebLinkAboutMINUTES - 03062007 - C.26 (2) s CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY dl�46 BOARD ACTION: MARCH 06 , 2007 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 California Government Codes. ) you is your notice of the action taken on your claim by the Board of Supervisors. (Paragraph IV below), given Pursuant to Government Code AMOUNT: $3,000 000.00 FEB 8 2007 Section 913 and 915.4. Please note all "Warnings".CLAIMANT: ANN M. DEYOE MARTINEZ CALIFL ATTORNEY: RICHARD C. RAINES DATE RECEIVED: FEBRUARY 08 , 2007 RICHARD C. RAINES ADDRESS: GAGEN McCOY BY DELIVERY TO CLERK OMFEBRUARY 08 , 2007 279 FRONT STREET, DANVILLE, CA 94526 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 08 2007 JOHN CULLEN, Clerk , Dated: By: Deputy 11. FROM.: County Counsel TO: Clerk of the Board of Sup rvisors (,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: 2 — -7 By: Deputy County Counsel I1I. FROM: Clerk of the Board TO: County Counsel (1) County Administrator(2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). 1V. IJQARD 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. Date&%246 a6 o/07 JOHN CULLEN, CLERK, By XDeputy Clerk WARNING (Gov. code section 913) Subject to certain exceptiais,you have only six(6) months from the date this notice was personally served or deposited in the mail to file a covet action on this claim.See Government Code Section 945.6.You may seek the advice of an attorney of your choice in connection wide 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 clainnan.t as shown above. Dated/"4`4> ©,Pr- -e¢ .1'JOHN CULLEN, CLERK By Deputy Clerk -,BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLI A claim relating to a cause of action for death or for msafter the acnial of th Jury o person ropersonal cpefty or erocau e of growing crops shall be presented not later than six months action. A claim relating to any other cause of action shall be.presented not later than one year . after the accrual of the cause of action. (Gov. Code § 411.2.) �. Claims must be filed with the Cleric of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street,Martinez, CA 94553. 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. If the claim is against more than one public entity, separate claims must be filed against each. public entity. g. Fraud. See penalty for fiaudulent claims,Penal Code Sec. 72 at the end of this form. [t t■ ■t t t l[[t[[[[■11 t t z s [is t it t t t!t t t t t t[[[[[[[t[i t[ C t t[6 G t C t[t t i t t■ ■t t[[t t t c c t[1 RE: Claim By: Reserved for Clerk's filing stamp Ann M Deyoe � RECEIVED Against the County of Contra Costa or ) FEB.0 8 2001 District) CLERK BOARp,r,.-„P (Fill in the name) ) COt)Tf;,'„ �,'I ERVISORS The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named district in the sum of$ 3, 0 0 0 , 0 0 0 . 0 Oand in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact date and hour) 8/14/06 approx. 7 : 30 a.m. 2. Where did the damage or injury occur? (Include city and county) Vasco Rd. , approx. 8 . 5 miles south of Camino Diablo 3. How did the damage or injury occur? R(dGivefulldeta snorthbound aper if requirt,-d) vehicle crossed over I was southbound on Vasco the center line. I don' t recall what happened. 4. What particular act or omission on the part of county or district officers, servants, or employees caused the injury or damage? to aincluding but not lim temproperccuo Dangerous condition of Vasco Rd. , curves ade uaclbs g te median barrier, lack q and im 5 What are the names of county or district officers,servants, or employees causing the damage or injury? unknown 6. WV damage or injuries do your claim resulted? (Give full extent of injuries or damages claimed. -Attach two estimates for auto damage.) Fingers of left hand severed, hospital and medical expenses; loss of earnings . 7. How was the amount claimed above Minputed? (Include the estimated amount of any prospective injury or dama e. pp pp General Damages /$ Medl�a�/hospital charges : $1.34 , 516; wage loss-$4 , 400/month not including latest expenses , which include hospitalization this week, or S. Names and addresses of witnesses, doctors, and hospitals: future loss of earnings . John Muir Medical Center, Walnut Creek,' CA Richard Wyzekowski gl ' ce repprt is not .yet completere witnesses 9. pList tK expenditures you made on account of this accident or injury: DATE ME AMOUNT none at this time a a C a a a a c c is a G c a a a a a e a a e a a a .a a a a a a t.a a a a c a 2 a a a a a.a 2 a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a I .Gov. Code Sec. 910.2 provides "The claim shall be signed by the claimant or by some person on his behalf." SEND NOTICES TO: (Attomev) Name and address of Attorney ) Richard C. Raines ) Richard C. Raines Gagen, McCoy ) (Claimant's Signature) ) Attorney for Claimant 279 Front Street Danville, CA 94526 ) 279 Front Street (Address) } Danville, CA 94526 Telephone No. 925-837-0585 ) TelephoneNo. 925-837-0585 ■ a.c.■■a a a a a c a a a a a a a a a am a RBIRREa knows slow RK no KRKK a a a a■a a a a t a c a a a a a.:a Nita a Raw an Its a a a a I PUBLIC RECORDS NOTICE: Please be advised that this claim form, or any claim filed with the County under the Tort Claims Act, is subject to public disclosure under the California Public Records Act. (Gov. Code, 9§ 6500 et seq.) Furthermore, any attachments, addendums, or supplements attached to the claim form, including medical records, are also subject to public disclosure. a a aaowns aaaaaaaawas aaaaaaa =am a asaaaaaaaaaaaa.aa.aaa.a..a.a.a.aa..a.. aaaaaaaaaaaat 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 dollars ($1,000.00), 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 imprisomnent and fine. i CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY BOARD ACTION: MARCH 06, 2007 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 California Government Codes. ) you is your notice of the action taken on your claim by the Board of upe-visors. (Paragraph IV below), 17 iven Pursuant to Government Code AMOUNT: $1 , 000 ,000 -00 FEB 0 8 2007 j` ection 913 and 915.4. Please note all Warnings", CLAIMANT: JAY DEYOE COUNTY COUNSEL MARTINEZ CALIF. ATTORNEY: RICHARD C. RAINES DATE RECEIVED: FEBRUARY 08 , 2007 RICHARD C. RAINES ADDRESS: GAGEN McCOY BY DELIVERY TO CLERK ON:FEBRUARY 08 , 2007 279 FRONT STREET, DANVILLE, CA 94526 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 08 , 2007 JOHN CULLEN, Cl Dated: By: Deputy Il. FROM.: County Counsel TO: Clerk of the Board of Supe(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). O Other: 17 - n By: Deputy County Counsel BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLABAANT A claim relating to a cause of action for death or for injury to person or to personal property or gro-Ang crops shall be presented not later than six months after the accrual of the cause of action. A claim relating to any other cause of action shall be.presented not later than. One year . after the accrual of the cause of action. (Gov. Code § 911.2.) S. Claims must be fled with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street,Martinez, CA 945 53. 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. 7. If the claim is against more than one public entiiq, separate claims must be filed against each. public entity. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at the end of this form. ■� !l YQ!EM(!l■ll l■l t K KE ■ 1 t[■tSi■C G Same t e[e e R I X 8 2 w o e G M it n mm eell[llaRN Kit 11[[l!e e e e 1 E: Claim By: Reserved for Clerk's filing stamp Jay Deyoe ) RECEF!ED ) FEB 0 8 2001 gainst the County of Contra Costa or ) CLERK BOARD OF SUPERVISORS Co District) CONTRA COSTA CO. 'ill in the name) ) 3e undersigned claimant hereby makes claim against the County of Contra Costa Or the above-named strict in the sum of$1 , 0 0 0 , 0 0 0 . 0 0 and in support of this claim represents as follows: 1 , When did the damage or injury occur? (Give exact date and hour) 8/14/06 approx. 7 : 30 a..m. 2 . Where did the damage or injury occur? (Include city and county) Vasco Rd. , approx. 8 . 5 miles south of Camino Diablo 3 . How did the damage or injury occur? (Give full details;use extra ppap er if required) My wife , Ann Deyoe, was southbound on Vasco Rd. when a northbound vehicle crossed over the center line . 4 . What'particula.r act or omission oa the part of county or district officers, servants, or employees caused the injury Or damage? Dangerous condition of Vasco Rd. , including but not limited to lack of adequate median barrier, lack of adequate roadway width, improper curves and climbs . 5 . What are the names of county or district officers, sernants, or employees causing the damage or injury? unknown • 6. What damage or injuries do your claim resulted? (Give full extent of injuries or damages C -Attach two estimates for auto damage.) Loss of consortium secondary to wife ' s injuries . 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) General damages only. 8. Names and addresses of witnesses, doctors, and hospitals: unknown at this time . 9. List the expenditures you made on account of this accident or injury: DATE TIJ 1E AMOUNT none at this time It a Vila eic ca■ sea a s as It a Ilium It a alaaat a uaaa a aca a s as aaaacaa asaa acaaaa caaaaaa a a men s aaaac a a[ .Gov. Code Sec. 910.2 provides "The claim shall be signed by the claimant or by some person on his behalf." SEND NOTICES TO: (Attorney) Name and address of Attorney ) Richard c . Raines ) Gagen McCoy ) (Claimant's Signature) Richard C. Raines 279 Front Street ) Attorney for Claimant Danville, CA 94526 ) 279 Front Street (Address) ) Danville, CA 94526 Telephone No. 925-837-0585 ) Telephone No. 925-837-0585 is EKE MOVERREIRK a mammal KKR ■ ■ ■NEW a e e e■t a a e a e e a a WNWILIKIR BE IRK s am KENIKERN OKI a SUR a ROME am mal PUBLIC RECORDS NOTICE- Please be advised that this claim form, or any claim filed with the County under the Tort Claims Act, is subject to public disclosure under the California Public Records Act. (Gov. Code, §§ 6500 et seq.) Furthermore, any attachments, addendums, or supplements attached to the claim form, including medical records, are also subject to public disclosure. ■ ZONE six aaaaataaKill aINNER ■ ■asaacaaaaaaacaaaEKE ■aaaaaaaaaaaaaaaaaaaaaaaa■ ■ ■aaaaaaaKarl NOTICE: Section 72 of the Penal Code provides: Every person who, vrith 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 dollars ($1,000.00), 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 imprisoiunent and fine. APPLICATION TO FILE LATE CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA 6h,, Sts BOARD ACTION Application to File Late Claim ) NOTICE TO APPLICANT MARCH 06 , 2007 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.)_ ) ursuant to Government Code Sections 911.8 &6'�'F5 >4. Please note the"WARNING"below. Claimant: RICHARD KELLY FEB 0 2 2007 Attorney: WILLIAM L. GONSER COUNTY COUNSEL KIARTINIEZ CALIF. Address: 3717 MT. DIABLO BLVD. , SUITE 220 LAFAYETTE, CA 94549 Amount: $54, 590 .00 By delivery to Clerk on: FEBRUARY O1, 2007 I Date Received: FEBRUARY 02 , 2007 By mail,postmarked on:' JANUARY 31, 2007 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above noted Application to File Late Claim. DATED: FEBRUARY 02 , 2AhN CULLEN, Clerk, By: DEPUTY II. FROM: County Counsel TO: Clerk of thejBoard o 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:.2—15-0 q SILVANO B. MARCHESI, County Counsel,By: � DEPUTY III. BOARD ORDER By unanimous vote of Supervisors present (Check one only) ' ( ) This Application Is granted (Section 911.6). (V�, This Application to File Late Claim is denied (Section 911.6). I certify that this a true and correct copy of the Board's Order entered in its minutes for this date. • ' _ / — ' - —4■d1riT7 !-TTI T TNClark_ RV: DEPUTY WILLIAM L. GONSER ATTORNEY AT LAW 3717 MT. DIABLO BLVD.,SUITE 220 LAFAYETTE,CALIFORNIA 94549 TELEPHONE(925)299-9199 ME:IL FACSIMILE(925)299-0425 9�E:IJia.'c, January 31, 2007 FEB 0 1 2001 CLERK BOARD OF SUPERVISORS To: John Cullen, Clerk of the Board of COP;TRACOrTp,CO• Supervisors and County Administrator Contra Costa County Re : Claim of Richard Kelly Dear Sir: I have received your notice regarding a late claim filed in the above-entitled matter (please see copy of your letter dated January 25 , 2007) . First of all , I believe the claim is covered by a one year Statute since it is not a direct claim for injury to persons or to personal property or to growing crops . This claim is for repairs that were undertaken on the easement in order to prevent damage to surrounding property owners . You will note that the claim was submitted to you on January 18 , 2007 and received on January 22 , 2007 . You will further note that the full extent of the major portion of repairs was dated January 19 , 2006 . Please see statement of Evenflow Plumbing that was included in the claim. Additionally, there were other submitted invoices of Expert Tree Service of January 24 , 2006 and a land surveyor ' s statement dated February 6 , 2006 . It was not until this latter date that the full extent of the cost of the repairs was ascertained. Consequently, I hope that you would reconsider this claim in light of the one year Statute, together with any applicable provisions of §911 . 4 thru §912 . 2 , including 5946 . 6 of the Government Code. Very truly yours , WILLIAM L. GONSER WLG:smd cc : Richard H. Kelly C'leili of the Board of Supex-visors Contra John Cullen Couniv Administration Building CostaClerl< of the Board 651'Pine Street.Room 106 and Martinez. California 04553-4068 County County Administrator John Gioia,District 1 (92 5) 3-35-1900 Gayle B. Uillcema,District II Mary N.I'iepho,District I11 �� "',L,. =.9, Vacant: District IV Fedend 1).Grocer, District V a co U TO: William L. Gonser 3717 Mt. Diablo Boulevard, Suite 220 Lafayette, CA 94549 RE: CLAIM OF RICHARD KELLY NOTICE TO CLAIMANT OF LATE-FILED CLAIM (Government Code Section 911.3) The claim you presented to the Board of Supervisors of Contra Costa County, California, as governing body of the County of Contra Costa on January 24, 2007, has been reviewed by County Counsel and is being returned to you herewith because: X Your claim relating to a cause of action for death or for injury to person or to personal property or growing crops was not presented within six months after the event or occurrence as required by law. (See Government Code sections 901 and 911 .2.) _ Your claim relating to a cause of action for anything other than injury to person or to personal property or growing crops was not presented within one year after the event or occurrence as required by law. (See Government Code sections 901 and 911.2.) Because the claim was not presented within the time allowed by law, no action was taken on the claim. Your only recourse at this time is to apply without delay to the Board of Supervisors of Contra Costa County for leave to present a late claim. (See Government Code sections William L. Gonser Re: Claim of Richard Kelly Page Two 911.4 to 912.2, inclusive, and 946.6.) Under some circumstances leave to present a late claim will be granted. (See Government Code section 911.6.) Date: JANUARY 25 , 2007 JOHN CULLEN, Clerk of the Board of Supervisors and County Administrator By: Deputy Clerk Enclosure CERTIFICATE OF SERVICE BY MAIL (Code Civ. Proc., §§ 1012, 1013a, 2015.5; Evid. Code, §§ 641, 664) 1 am a resident of the State of California and over the age of eighteen years, and not a party to the within action. My business address is Clerk of the Board of Supervisors, 651 Pine Street, Room 106, Martinez, CA 94553. On JANIZARY 2 5, 2nn7 , I served a true copy of this Notice to Claimant of Late-Filed Claim by placing the document in a sealed envelope with postage thereon fully prepaid, in the United States mail at Martinez, California addressed to William L. Gonser, 3717 Mt. Diablo Boulevard, Suite 220, Lafayette, CA 94549, as set forth above. I declare under penalty of perjury under the laws of the State of California and the United States of America that the above is true and correct. Executed on JANUARY 25. 2007 at Martinez, California. Depu Clerk I:\TORT\RISK-MGT\CLAIMS\LATE\Ke I ly.wpd