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HomeMy WebLinkAboutMINUTES - 03062007 - C.26 (6) CLAIM , o , 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 n. All Section references are to ) The copy of this document mailed to lfio1�(i nment Codes. ) you is your notice of the action taken FEB 0 9. 2007 on your claim by the Board of Supervisors. (Paragraph IV below), COUNTY COUNSEL THE AMOUNT CLAIMED EXCEEDS THE given Pursuant to Government Code R!IARTINEZCALIF. LIMIT PROVIDED IN SECTION 910 Section 913 and 915.4. Please note all AMOUNT: (f) OF THE GOVERNMENT CODE "Warnings". . CLAIMANT: HASLY ALEJANDRA SALAZAR CHIQUETE ATTORNEY: ARNOLD CASILLAS , Esq . DATE RECEIVED: FEBRUARY 01 , 2007 3500 W. BEVERLY BLVD. ADDRESS: MONTEBELLO, CA 90682 BY DELIVERY TO CLERK ON: FEBRUARY 01 , 2007 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 r Dated: By: Deputy II. FROM: County Counsel TO: Clerk of the Board of Supervisors �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 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: Dated: a^ S —�� By: Deputy County Counsel C. 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: (vf 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:/&-4i !% 5� HN 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 with this matter. tf 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://a ''4102 °1�A JOHN CULLEN, CLERK By __Deputy Clerk WI/2b/eW e i :7.L UJF1 I KH k.-IJ:=)I H k-1-JUN I Y k._L=Mr, Ur I I"IC " 71 (G�U-.YDU VU•tJ.17 VYJl .- G- r t ERVISORS OF CONTRA COS i�-OUNTY BOARD OF SCP INSTRUCTIONS TO CLAIMANT personal A. A. claim relating to a cause of action for death or for injury�o person he or to accrual of the property cause of growing crops shall be presented not later than six 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.) B. Claims must be filed with the Clerk of the Board,of SupCAi94553. rs aIts office in Room 106, County Administration Building, 651 Pine Street, Martinez, 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 cllim 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 tit the end of this form. a•• ••Ise•••.•••.o••r•■. . ••.sow a••...••.as..a..o..a..a e.a a.o Dom e Reserved for Clerk's filing stamp RL: Claim By: Hasly Alejandra Salazar Chi uet RECENE® Against the County of Contra Costa or FEB U 1 2001 District,) CLERK BOARD OF SUPERVISORS CONTRA COSTA CO. (Fill in the name) The undersigned claimant hereby makes claim against the County of CSetra nts a followta or .;: above-named district in the sum of S see attch. and in support of this clain. p 1. When did the damage or iniury occur? (Give exact date and hour) See Attachment. ci � Where did the damage or injury occur? (Inchide ryacid county) See Attachment. How did the damage or injury occur? (Give full details; use extra paper if required) See Attachment. 4 What particular act or omission on the part of county or district of'Ccers, servants, or employees caused the injury or damage? See Attachment. 5 What are the names or county or district officers, sentanis, or employees causing the damage or injury See Attachment. 1..::D.3 t_IJr i I KH k__IJ':�I H l_Jur4 1 i l_LtKY.. Ur I Nt - :1 JGJ(G74JJ.JFJ or injuries do your claim resulted? (Give full extent of injttries or damages 6_ What damage J claimed. Attach two estimates for auto damage.) See Attachment. 7. II ow vas the amount claimed above computed? (Include the estimated amount of any prospective ini>.try or damage.) See Attachment. g. Namcs and addresses of witnesses, doctors, and hospitals: See Attachment. 9. List the expenditures you made on account of this accident an-_injury: UNT DATE TIME See Attachment. ■■eves/ ■.r■•■//////•�•�////.r■■•w■■■■•/■•///■/■/•sr/■.■...■w■■•■//.•■//■••.• / 1 Gov.Code Sec. 910.2 provides"The claim shall be signed by the-claim omerson on his )behalf." SEND NOTICES TO' (Attorrie `Q Name and address of Attorney (Claiman ' tgnature) Arnoldo Casillas, Esq. 3500 w. Beverly Blvd. ) 350 ontebello, CA 90602 Montebello, CA 90602 ) A drCs �' (323 ) 725-0917 (323 ) 725-0917 Telephone No. Telephone No. PUBLIC RECORDS NOTICE: Please be advised that this claim form, or any claim filed with t11le �Codeu §r the G,�o rt et seq jsT-rthet'mo e, any (CJpublic disclosure undar the Calrfornin Public Records Act. attachments; addendums,or supplements nttached to the claim form, including medical records,are also subject w public disclosure. NOTICE: Section 72 of►he Penal Code provides. r person who, with intent to defraud, presents for t�llowa1eertl�oworoPPjy chent fs me ifo any agete nu ne any or f false or Every P to any county, city, or district Loaril or officer, authorize nt ill the nty jail fraudulent claim, ��}} account voucher, or eating, is punishable either b}' �tnol�aosl'($1,000.00), oruby both such period of not more than one ;gear, by a tine of not exceediltfi one tI10115i]tld mil irisonment Nod Title, or by imprisonment in the state prison, by a fine oC not. exceediur ten thousand dollars ($10,000), or by boll) such imprisonment and fine. 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 HASLY ALEJANDRA SALAZAR CHIQUETE 7 8 Attorneys for Claimant ) CLAIM FOR MONEY DAMAGES 9 HASLY ALEJANDRA SALAZAR CHIQUETE ) [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 15 UNDERSIGNED HEREBY SUBMITS TO THE PRESENTLY IDENTIFIED PUBLIC 16 ENTITY THE FOLLOWING WRITTEN CLAIM FOR MONEY DAMAGES: 17 1. Name of Claimant: HASLY ALEJANDRA SALAZAR CHIQUETE 18 2. Name and mailing address of the person to whom notice of action on this claim is to 19 be sent: 20 HASLY ALEJANDRA SALAZAR CHIQUETE 21 c/o ARNOLDO CASILLAS, Esq. 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: 26 On August 14, 2006, Claimant's father Francisco Javier Salazar was a passenger in a 27 vehicle traveling northbound on Vasco Road in the northbound lane. Rosa Osbourne was 28 1 HASLY ALEJANDRA SALAZAR CHIQUETE'S CLAIM FOR MONEY DAMAGES t I traveling southbound when the vehicle Claimant's father was traveling in crossed over the double 2 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's father 4 suffered blunt 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's father was caused by the injuries he sustained as a result of the 14 collision of the two respective vehicles. Basis for liability is Wrongful Death and corresponding 15 damages, including,but not limited to, loss of future financial support, loss of love, comfort, 16 solace, care, consortium. 17 The present responding public entity owned, designed, maintained, and/or controlled the 18 roadway(Vasco Road) that is the subject of the present claim. 19 This claimant contends generally that at the above place and time there was a dangerous 20 and defective condition of public property pursuant to Government Code Section 835 (a) and (b), 21 and other potentially applicable Government Code provisions, in that the subject roadway was 22 improperly and negligently designed, constructed, owned, transferred, maintained, and operated 23 in that it failed to contain a median barrier or other device(s) which would have prevented the 24 subject vehicular crash; was improperly banked, graded, or curved; provided inadequate line of 25 sight; the elevation, speed, and structural standards were improper; the road and shoulders were 26 not an adequate width; the road failed to contain proper delineation, including, but not limited to, 27 vertical delineators, and also failed to contain proper pavement markers, stripping, signage, 28 reflectors and median and shoulder rumble strips or barriers; the speed limit was improperly 2 HASLY ALEJANDRA SALAZAR CHIQUETE' S CLAIM FOR MONEY DAMAGES I selected and implemented; many crashes had occurred at this area of the roadway; traffic volume 2 exceeded the capacity of the road at the time the road was designed and constructed and at the 3 time of the subject crash; the area of the road where the subject crash occurred contained an 4 improperly located and excessively long second lane for high-speed passing-by southbound 5 traffic without protection for northbound traffic. This public entity unreasonably delayed 6 installing delineators and rumble strips until after the subject crash; Vasco Road was added to 7 the Interregional Road System (IRKS) and was eligible for funding from the State of California 8 for road improvements. In addition, claimant is informed and believes that Vasco Road has been 9 designated a California Safety Corridor, and increased safety should have been promoted. This 10 public entity had both actual and constructive notice of the hazardous and dangerous and 11 defective condition of the roadway for a sufficient time prior to the subject crash to have 12 prudently acted upon and corrected the roadway in the area of the subject crash. This public 13 entity and its employees were generally negligent and caused damages as set forth in this claim. 14 The present responding public entity unreasonably allowed this hazardous and dangerous 15 and defective condition to exist by failing to take action to implement changes needed to 16 maintain the safety of said roadway. Moreover, prior to the subject crash, the present responding 17 public entity knew, or should have known, of the necessary changes needed to maintain the 18 safety of said roadway, such as the implementation of median rumble strips and/or median 19 barriers. The present responding public entity had sufficient time prior to the subject crash to 20 implement such necessary and needed changes,but failed to act reasonably to implement them. 21 The present responding public entity also failed to properly investigate, survey, record, 22 document, monitor, patrol, enforce and report traffic conditions, traffic speeds and traffic 23 violations on said roadway. 24 The present responding public entity was fully aware, or should have been fully aware, of 25 the dangerous condition of said roadway. Over a period of many years prior to the subject crash, 26 a significant number of vehicular crashes occurred at or very near to the area of roadway where 27 this crash occurred so as to place the present responding public entity on notice that there was a 28 need for median barriers to prevent cross median movement by vehicles. 3 HASLY ALEJANDRA SALAZAR CHIQUETE'S CLAIM FOR MONEY DAMAGES I Furthermore, the present public entity negligently or intentionally failed to provide any 2 reasonable warnings, signage, notices, or announcements regarding the collision hazards posed 3 by the above-described dangerous condition. 4 Claimant has not completed his/her investigation and expressly reserves the right to make 5 additional amendments to this claim and/or pleading as the law permits. 6 8. Other pertinent information: 7 NONE 8 9. Name of the presently known employees, agents, or representatives, whose acts or 9 omission caused claimant's injuries: 10 None known to claimant at this time. 11 10. Known addresses of district officers, employee, or agents causing claimant's 12 injuries: 13 None known to claimants at this time. 14 ALL NOTICES OR OTHER COMMUNICATIONS REGARDING THIS CLAIM 15 SHOULD BE SENT TO CLAIMANT AT: 16 HASLY ALEJANDRA SALAZAR CHIQUETE c/o ARNOLDO CASILLAS, ESQ. 17 MORENO, BECERRA, GUERRERO & CASILLAS 3500 West Beverly Boulevard 18 Montebello, CA 90640 PH: (323) 725-0917 19 FX: (323) 725-0350 20 MORENO, BE RRA SIL A 21 22 Dated: January ?R , 2007 By: ' 23 OLDO CASILLAS, SQ. GREGORY W. MORENO, ESQ. 24 Attorney for Claimant 25 HASLY ALEJANDRA SALAZAR CHIQUETE 26 27 28 4 HASLY ALEJANDRA SALAZAR CHIQUETE' 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, 1 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 14 , 2007, at Montebello, California. 17 18 Steven Ibarra 19 20 21 22 23 24 25 26 27 28 5 HASLY ALEJANDRA SALAZAR CHIQUETE' S CLAIM FOR MONEY DAMAGES s, F h �•_L. +' pi N U frV ui tr) cn 0 U 0 U Ir .� =I- s a� I• Ir m PRIo - o u7 ru s S O - O f�- .o T Q O D N � O z w O r-o 3 N o m t W 1 W N� I F © Z O �a0 <v �a �} N tai (D cr N� W U- t7 U- L � NW bA �S�11Nf1 o o 'MK 'C s6o � C bpv � OQct �n p N J d .cn N C� o C;s U Cd O U w O I' U ._ -0 o, Er m C3 0 0 Ln ti 0 0 N 0 rn Q U 0 a� O M z w x O