HomeMy WebLinkAboutMINUTES - 03062007 - C.26 (7) CLAIM eb BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY
BOARD ACTION: MARCH 06 , 2007
Claim Against the County, or District Governed by )
tine Board o_f Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT
Boaid Actin. All Section references are to
� ,_ ; r � � The copy of this document mailed to
a ffoi` ia`G vernment Codes. you is your notice of the action taken
FEB 0 2 2007 on your claim by the Board of
COUNTY COUNSEL Supervisors. (Paragraph IV below),
MARTINEZ CALIF THE AMOUNT CLAIMED EXCEEDS THE given Pursuant to Government Code
AMOUNT: LIMIT PROVIDED IN SECTION 910 Section 913 and 915.4. Please note all
(f) OF THE GOVERNMENT CODE "Warnings".
CLAIMANT: ESTATE OF MANUEL SAC LOPEZ
ATTORNEY: ARNOLD CASILLAS , Esq . DATE RECEIVED: FEBRUARY 01 , 2007
3500 W. BEVERLY BLVD. FEBRUARY Ol 2007
ADDRESS: MONTEBELLO, CA 906W- BY DELIVERY TO CLERK ON:
YO
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, er
Dated: By: Deputy
I.I. FROM.: County Counsel TO: Clerk of the Board of Su ervisors
(�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_5 J� By: r-YI C490,di 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. OARD 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,/y rM D C JW4914N 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. Ifyou 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 1. 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 r4X 4, -&6?JOHN CULLEN, CLERK By Deputy Clerk
IJ1.:_b/.:XUY 1 S:7.3 !-uri I KH k-IJ:n I H 1.-uuri I f _LtKY•.. Ur 1 rIC I'+J.YJGJ WWI
d VISORS OF CONTRA COST*OUNTY
ti BOARD OF SL'PER
INSTRUCTIONS TO CLAIMANT
to a cause of action for death or for injury to person or to personal property or
A. A claim relating
s shall be presented not later than six months Presented not later than One year
g Crops pre
P
action. A claim relating to any other cause of action shall be
after the accrual of the cause or action.
(Gov. Code § 9l 1.2.)
B
Claims must be filed with the Clerk of the Board r of Supervvis9 rss5at its office in Room 106,
County Administration Building, 651 Pine Street, t�lartlnez,
CA C If claim is against a district governed by the Board of Supervisors. rather Thar, 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.
-it claims, Penal Code Sec. 72 at the end of this form.
E. Fraud. See penalty for fraudule
ego egoofs
eee•�ree.■•eeeeerer•tree.ee■ee ■■e■•e••••ee.e■..■..re.r..r■.er■see■Dene
Reserved for Clerk's filing stamp
RL: Claim By: )
Estate of Man T _r_= � =ate: --
FEB 0 1 2001
Against the County O.f COnrra Costa or � cLERKeogRo
OF Districtl
CONTRA C STA Co��SORS
(till in the name)
Cotra
The undersigned claimant hereby makes claim against the County of r setts as or the
in the sum of$ he above-named
see attch. and in support of this claim p
1. When did the damage or injury occur? (Give exact date and hour)
See Attachment.
2. Where did the damage or injury occur? (Include city acid county)
see Attachment.
3. How did the damage or injury occur? (Give full details;use extra paper if required)
See Attachment.
q What particular act or omission on the part of county or district ofCcers, servants, or emp Dynes
caused the injury or clamape?
See Attachment.
5 What are the names of county or district officers, sett ants, or empluyees "Using the
damage or injury~
See Attachment.
_Uf 41 teH '_IJ':)I H t_JUf I I 'r t_Ltt Y. Ur I Mt 71 3'_.Sr--'7)U.L-Du fJU.u,7 Wbl:�
e or in uries do your claim resulted? (Give full extent of injttries or damages
F,. What damag J ,
claimed. Attach two estimates for auto damage.)
See Attachment.
- ow was the 'Amount claimed above cotriputed? (Include the estimated amount of any
�. II
prospective injury or damage.)
See Attachment.
g. Nameq and addresses of witnesses, doctors, and hospitals:
See Attachment.
9, List the expenditures you made on account of this Occident aA`injury:
UNT
DATE TI —
i`�E-
See Attachment.
rr•■■r■r.rr.■r■r■►r•■v■er.■r.■
■rr■r.vse�es,
e■r■r■r�rr��s�r�v�rrr■r.rrr■.r■■rr■rrr�rre
Gov.Code Sec. 910.2 provides"The claim shall be
)signed by the claimant or. some person on his
behalf."
SCN )NOTICES TO: (AttorneYl
Name and address of Attorney 1
(Cl ni t' ignature)
Arnoldo Casillas, Esq.
3500 W. Beverly Blvd. 350 ontebello, CA 90602
Montebello, CA 90602 fires �'
(323 ) 725-0917 ) (323 ) 725-0917
Telephone No.
Telephone No.
rvr.■■rrrr■■■r■■rr�■r��■■■■■r■■■■vrr■■rrr�e■r�r■■■.■••rr■r■■■�erree�■rr�■a■r■rrr■v■ra
PUBLIC RECORDS NOTICE:
ort
ainis
ct, is subi
PI
ease be advised t11atthis claim fOTM, or any claim filed with tho county under
§5r tile
6j 0 et seq.) furthermore, any
public disclosure under the California Public Records Act. (Go
ttachments, addendums, or supplements attached to the claim form, including medical records,are a.iso subject to
a
public disclosure.
■■rr����rarrrr■rrr■■ r.■■r.■■r�r■e■rr.r■r■■r■■rr■■■rrr•rr■rrrr■..■■■■r■■v■ ryDoom er■eso
NOTICE:
Section 72 of the Penal Code provides:
PeTs Who, with intent to defre.ud, presents for allowance or for pTyment to any state board or officer, or
Every p a the same
if genuine, any false or
to any county, city, or district board or off cer, authorized to allow or pay
ent
I tile
nt�,jail
r a
frauclulent claim,
bill, accowtt toucher, or wrtUag, is pupishable either �)` tlnPllars}($1,000.00),} oorUby both s��h
period of not >nore than one N'eaT, by a fine of not exceeding one thousand c
�risonment and Pirie, or by imprisonment the stale prison. by u fine of not. exceeding ten thousand dollars
,1111.
($1 u,oco), or by boll, such impnsw,ment and fate.
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 MANUEL SAC LOPEZ
7
8
Attorneys for Claimant ) CLAIM FOR MONEY DAMAGES
9 ESTATE OF MANUEL SAC LOPEZ )
[Gov. Code Section 900, Et. Seq.]
10 Claimant, )
11
V. )
12 CONTRA COSTA COUNTY, )
13 Respondent. )
14
15 To the Clerk of the Board of Supervisors of County of Contra Costa: THE
UNDERSIGNED HEREBY SUBMITS TO THE PRESENTLY IDENTIFIED PUBLIC
16
ENTITY THE FOLLOWING WRITTEN CLAIM FOR MONEY DAMAGES:
17
1. Name of Claimant: ESTATE OF MANUEL SAC LOPEZ
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 MANUEL SAC LOPEZ
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
25 August 14, 2006 on Vasco Road in Contra Costa County.
4. A general description of the injury incurred:
26
27 On August 14, 2006, Claimant Manuel Sac Lopez was a passenger in a vehicle traveling
28 northbound on Vasco Road in the northbound lane. Rosa Osbourne was traveling southbound
1
ESTATE OF MANUEL SAC LOPEZ'S CLAIM FOR MONEY DAMAGES
I when the vehicle Claimant Manuel Sac Lopez was traveling in crossed over the double yellow
2 lines into the southbound lane of traffic. The vehicle Decedent was a passenger in collided head
3 on with the vehicle in which Rosa Osbourne was driving. Claimant suffered blunt force injuries
4 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 MANUEL SAC LOPEZ'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 MANUEL SAC LOPEZ'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 MANUEL SAC LOPEZ
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, BECERRA & CA AS
19
20
Dated: January , 2007 By:
21 A^OLDUCAMLAS, Q.
GREGORY W. MORENO, ESQ.
22 Attorney for Claimant
ESTATE OF MANUEL SAC LOPEZ
23
24
25
26
27
28
4
ESTATE OF MANUEL SAC LOPEZ'S CLAIM FOR MONEY DAMAGES
1 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 , 2007, at Montebello, California.
17
18 —
Steven 16arra
19
20
21
22
23
24
25
26
27
28
5
ESTATE OF MANUEL SAC LOPEZ' S CLAIM FOR MONEY DAMAGES
a O ^o
W p'{
; Nm(D
W CnW
1
f O Z 0
�6 0 U
�a
N
1� C,0
N p bQ
00
u� av0 C b
CV W Qoom •~--�
Q V7
Cz:) c o
Y + N a U Q
rte'
f• CO
® ri CO CU)
n
L p p 00 M
mi Ir
� y
' LM O .
v d
o � �
U
Cd
0
U
cFJ
0
U
Ir
o-
o �
EDf
O
M
rl
ti
0
0
N
Q
w
.a
oo�jmo
� V
O
Z
w
a
0