HomeMy WebLinkAboutMINUTES - 03062007 - C.26 (5) 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
� d$bard Action. All Section references are to ) The co of this document mailed to
'fornia.Government Codes. ) you is your notice of the action taken
FEB 0 2 2001 on your claim by the Board of
Supervisors. (Paragraph IV below),
COUNTY COUNSEL THE AMOUNT CLAIMED EXCEEDS THE given Pursuant to Government Code
MIARTINEZ CALIF. LIMIT PROVIDED IN SECTION 910
AMOUNT: Section 913 and 915.4. Please note all
(f) OF THE GOVERNMENT CODE "Warnings".
CLAIMANT: ESTATE OF FRANCISCO JAVIER
SALAZAR
ATTORNEY: ARNOLD CASILLAS , Esq. DATE RECEIVED: FEBRUARY 01, 2007
3500 W. BEVERLY BLVD. FEBRUARY 01 2007
ADDRESS: MONTEBELLO, CA 90684 BY DELIVERY TO CLERK ON:
Sf0
BY MAIL POSTMARKED: JANUARY 29 , 2007
FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
FEBRUARY 02 , 2007 JOHN CULLEN, C
Dated: By: Deputy
11. FROM: County Counsel TO: Clerk of the Board of Sup rvisors
( 4-1h is 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 Boai•d 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:
Dated: 1;� s- L17 By: 1/_� (A;=eaAe2,_ Deputy County Counsel
111. FROM: Clerk of the Board TO: County Counsel (1) County Administrator(2)
( ) Claim was returned as untimely with notice to claimant (Section 911.3).
I.V.,BOARD ORDER: By unanimous vote of the Supervisors present:
This Claim is rejected in full.
O Other:
I certify that this is a true and con-ect copy of the Board's Order entered in its minutes fol-
this
orthis date.
Dated/%7d-4 !?;� -000,p_�OHN CULLEN, 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 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 claimant as shown above.
Dated/*rd,o�407? 4-07 JOHN CULLEN, CLERK By Deputy Clerk
i L::D.3 t_UN I KH U J=.I H t_IJUN I S t_LCteY'.. Ur I rl= NJGJ V✓Jl
BOARD OF SUPERVISORS OF CONTRA COSTA4kUNT)'
INSTRUCTIONS TO CLAIMANT
A. A claim relating to a cause of action for death or for injury to person or to personathe r
l property or
owin crops shall be presentee of
d not later than six months after the, accrual esented not later than one-ausye�'
g
action. A claim relating to any other cau e of action shall e pr
after the accrual of the cause of action.
(Gov. Code § 911.2.)
B. Claims must be filed with the Clerk of the Board,of Supe vis 55at its office in Room 106,
County Administration Building, 651 Pine Street, l�lsrttnez, C
C If claim is against a district governed by the Board of Supervisors. rather rha-*r the County, the
name of the District should be filled in.
ate claims must be filed against each
D.
If the cltini is against more than one public entity, separ
public entity.
E• Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at the end of this form.
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Reserved for Clerk's filing stamp
RL: Claim By:
Estate of Francisco Javier ) RECEI��®
Against the County of Contra Costa or j
FEB 0 1 2001
CLERK BOARD
OF SUP
District) CONTRA COSrA�p��SORS
(Fill in the name) )
The undersigned claimant hereby makes claim against the County of Ca ntra osta or Eollowshe above-named
district in the sum of S see attch. and in support of this claim represents
1. When did the do.rnage or injury occur? (Give exact date and hour)
See Attachment.
Where did the damage or injury occur? (Include city and county)
See Attachment.
3. How did the damage or injury occur? (Give full details; use extra paper if required)
See Attachment.
Mi,sion on the part of county or district ofCcers, servants; or employees
q. What particular act or o
caused the injury or damage?
See Attachment.
S What are the names of county or clistrict officers, servants, or empluyees causing the
dMage or injury
See Attachment.
1
t11 f`,=h.'"�4d�f l S �•3 _Ur'J I KH t._U:ZeI H 4_IJIJfJ I i ._LtKt;.. Ur- r Vi. W1'J.:�
or injuries do your claim resulted? (Give full extent of injuries or damages
F,. What damage J
claimed. Attach two estimates for auto damage.)
See Attachment.
7, IIo
w was the amount claimed above computed? (Include the estimated amount of any
prospective inittry or damage.)
See Attachment.
g. Names and addresses of witnesses, doctors, and hospitals:
See Attachment.
s you made or, of this accident oA
9, List the expenditureMOUNT
DATE
See Attachment.
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■moeewa�
Gov.Code Sec. 910.2 provides"The claim shall be
signed by the-claimant-or-b _e person on his
behalf."
SEND TO: (Atiorneyl
Name and address of Attorney
(Cl 'rnaut's S nature)
Arnoldo Casillas, Esq. )
3500 W. Beverly Blvd. 35 ontebello, CA 90602
Montebello, CA 90602 A dres
(323 ) 725-0917 Telephone No. (323 ) 725-091 7
Telephone No.
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PUBLIC RECORDS NOTICE:
please be advised that this claim form, or any claim filed with the county dde, 5d5r 16500 et sleq)ST'Urtllet�n°subject, anV
public disclosure und :r the California Puhlic Records Act. ( o
achments; addendums, or supplements attached to the claim form, including medical records,are also subject to
att
public disclosure.
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NOTICE:
Section 72 of the Pena!Code provides.
J eSents for allowance or for payment to any state board or officer, or
Every person who, with intent to defraud, p o the same if genuine, any false er
[o tiny count)', city, or district board or officer, authorized to ttllow or pay
il
Fraudulent claim,
bill, account voucher, or venting, . punishable either by impnsomnent in the County�ot1 s�eit
j-s
period of not more than one year, by a Cane of not exceeding one thousand loot e (e1,000.0 );
mtl
�risonment and Tine, or by imprisonment in the stale prisnst, by u fine of
not. exzeeding ten thousand dollars
($10,000) or by both such imis
pronment and rine.
f
1 GREGORY W. MORENO, ESQ.,SBN 57844
ARNOLDO CASILLAS, ESQ., SBN 158519
2 MORENO, BECERRA & CASILLAS
A Professional Law Corporation
3 3500 West Beverly Boulevard
Montebello, CA 90640-1541
4 Telephone: (323) 725-0917
Facsimile: (323) 725-0350
5
6 Attorneys for Claimant
ESTATE OF FRANCISCO JAVIER SALAZAR
7
8
Attorneys for Claimant ) CLAIM FOR MONEY DAMAGES
9 ESTATE OF FRANCISCO JAVIER SALAZAR)
[Gov. Code Section 900, Et. Seq.]
10 Claimant, )
11 V. )
12 CONTRA COSTA COUNTY, )
13 Respondent. )
14
To the Clerk of the Board of Supervisors of County of Contra Costa: THE
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UNDERSIGNED HEREBY SUBMITS TO THE PRESENTLY IDENTIFIED PUBLIC
16
ENTITY THE FOLLOWING WRITTEN CLAIM FOR MONEY DAMAGES:
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1. Name of Claimant: ESTATE OF FRANCISCO JAVIER SALAZAR
18
2. Name and mailing address of the person to whom notice of action on this claim is to
19
be sent:
20
ESTATE OF FRANCISCO JAVIER SALAZAR
21 c/o GREGORY W. MORENO
MORENO, BECERRA & CASILLAS
22 3500 West Beverly Boulevard
Montebello, California 90640
23
3. Date and location where injury sustained:
24
August 14, 2006 on Vasco Road in Contra Costa County.
25
4. A general description of the injury incurred:
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On August 14, 2006, Claimant Francisco Javier Salazar was a passenger in a vehicle
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traveling northbound on Vasco Road in the northbound lane. Rosa Osbourne was traveling
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1
ESTATE OF FRANCISCO JAVIER SALAZAR' S CLAIM FOR MONEY DAMAGES
I southbound when the vehicle Claimant Francisco Javier Salazar was traveling in crossed over the
2 double yellow lines into the southbound lane of traffic. The vehicle Decedent was a passenger in
3 collided head on with the vehicle in which Rosa Osbourne was driving. Claimant suffered blunt
4 force injuries and died at the scene.
5 5. Total amount claimed for physical injuries, future medical care, lost wages, and
6 earning capacity, and past, present and future physical and psychological pain and
7 suffering:
8 The amount claimed exceeds the limit provided in section 910 (f) of the Government
9 Code. This claim will be an unlimited civil case.
10 6. Name of hospitals/physicians:
11 To be determined.
12 7. How injury or damage occurred/basis for liability:
13 The death of claimant was caused by the injuries he sustained as a result of the collision
14 of the two respective vehicles.
15 The present responding public entity owned, designed, maintained, and/or controlled the
16 roadway(Vasco Road) that is the subject of the present claim.
17 This claimant contends generally that at the above place and time there was a dangerous
18 and defective condition of public property pursuant to Government Code Section 835 (a) and(b),
19 and other potentially applicable Government Code provisions, in that the subject roadway was
20 improperly and negligently designed, constructed, owned, transferred, maintained, and operated
21 in that it failed to contain a median barrier or other device(s) which would have prevented the
22 subject vehicular crash; was improperly banked, graded, or curved; provided inadequate line of
23 sight; the elevation, speed, and structural standards were improper; the road and shoulders were
24 not an adequate width; the road failed to contain proper delineation, including, but not limited to,
25 vertical delineators, and also failed to contain proper pavement markers, stripping, signage,
26 reflectors and median and shoulder rumble strips or barriers; the speed limit was improperly
27 selected and implemented; many crashes had occurred at this area of the roadway; traffic volume
28 exceeded the capacity of the road at the time the road was designed and constructed and at the
2
ESTATE OF FRANCISCO JAVIER SALAZAR'S CLAIM FOR MONEY DAMAGES
I time of the subject crash; the area of the road where the subject crash occurred contained an
2 improperly located and excessively long second lane for high-speed passing-by southbound
3 traffic without protection for northbound traffic. This public entity unreasonably delayed
4 installing delineators and rumble strips until after the subject crash; Vasco Road was added to
5 the Interregional Road System (IRRS) and was eligible for funding from the State of California
6 for road improvements. In addition, claimant is informed and believes that Vasco Road has been
7 designated a California Safety Corridor, and increased safety should have been promoted. This
8 public entity had both actual and constructive notice of the hazardous and dangerous and
9 defective condition of the roadway for a sufficient time prior to the subject crash to have
10 prudently acted upon and corrected the roadway in the area of the subject crash. This public
11 entity and its employees were generally negligent and caused damages as set forth in this claim.
12 The present responding public entity unreasonably allowed this hazardous and dangerous
13 and defective condition to exist by failing to take action to implement changes needed to
14 maintain the safety of said roadway. Moreover, prior to the subject crash, the present responding
15 public entity knew, or should have known, of the necessary changes needed to maintain the
16 safety of said roadway, such as the implementation of median rumble strips and/or median
17 barriers. The present responding public entity had sufficient time prior to the subject crash to
18 implement such necessary and needed changes,but failed to act reasonably to implement them.
19 The present responding public entity also failed to properly investigate, survey, record,
20 document,monitor, patrol, enforce and report traffic conditions, traffic speeds and traffic
21 violations on said roadway.
22 The present responding public entity was fully aware, or should have been fully aware, of
23 the dangerous condition of said roadway. Over a period of many years prior to the subject crash,
24 a significant number of vehicular crashes occurred at or very near to the area of roadway where
25 this crash occurred so as to place the present responding public entity on notice that there was a
26 need for median barriers to prevent cross median movement by vehicles.
27 Furthermore, the present public entity negligently or intentionally failed to provide any
28 reasonable warnings, signage, notices, or announcements regarding the collision hazards posed
3
ESTATE OF FRANCISCO JAVIER SALAZAR'S CLAIM FOR MONEY DAMAGES
I by the above-described dangerous condition.
2 Claimant has not completed his/her investigation and expressly reserves the right to make
3 additional amendments to this claim and/or pleading as the law permits.
4 8. Other pertinent information:
5 NONE
6 9. Name of the presently known employees, agents, or representatives,whose acts or
7 omission caused claimant's injuries:
8 None known to claimant at this time.
9 10. Known addresses of district officers, employee, or agents causing claimant's
10 injuries:
11 None known to claimants at this time.
12 ALL NOTICES OR OTHER COMMUNICATIONS REGARDING THIS CLAIM
13 SHOULD BE SENT TO CLAIMANT AT:
14 ESTATE OF FRANCISCO JAVIER SALAZAR
c/o ARNOLDO CASILLAS, ESQ.
15 MORENO, BECERRA, GUERRERO & CASILLAS
3500 West Beverly Boulevard
16 Montebello, CA 90640
PH: (323) 725-0917
17 FX: (323) 725-0350
18
MORENO, BECE & S LAS
19
20
Dated: January 24 , 2007 By:
21 AMNOLDO'CASILLAWSQ.
GREGORY W. MORENO, ESQ.
22 Attorney for Claimant
ESTATE OF FRAN CISCO JAVIER SALAZAR
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4
ESTATE OF FRANCISCO JAVIER SALAZAR'S CLAIM FOR MONEY DAMAGES
I PROOF OF SERVICE
2 STATE OF CALIFORNIA )
ss
3 COUNTY OF LOS ANGELES )
4 I am employed in the County of Los Angeles,State of California.I am over the age of 18 and
not a party to the within action; my business address is 3500 West Beverly Boulevard,Montebello,
5 California 90640-1541.
6 On January , 2007, I served, in the manner indicated below, the foregoing
document described as CLAIM FOR MONEY DAMAGES on the interested parties in this action
7 by placing the true copies thereof enclosed in sealed envelopes addressed as follows:
8 Clerk of the Board of Supervisors
Contra Costa County Administration Building RETURN RECEIPT REQUESTED
9 Room 106
651 Pine Street
10 Martinez, CA 94553
11 X BY CERTIFIED MAIL RETURN RECEIPT REQUESTED: I caused such envelopes to be
deposited in the United States mail at Montebello, California, with postage thereon fully
12 prepaid. I am readily familiar with the firm's practice of collection and processing
correspondence for mailing. It is deposited with the United States Postal Service each day
13 and that practice was followed in the ordinary course of business for the service herein
attested to (C.C.P. § 1013(a)(3)).
14
I declare under penalty of perjury under the laws of the State of California that the foregoing
15 is true and correct.
16 Executed on January 2q , 2007, at Montebello, California.
17
18 r
O Steven a
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5
ESTATE OF FRANCISCO JAVIER SALAZAR'S CLAIM FOR MONEY DAMAGES
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