HomeMy WebLinkAboutMINUTES - 03062007 - C.26 (8) CLAM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY
BOARD ACTION: MARCH 06 , 2007
Claim Against the County, or District Governed by )
the B pervisors, Routing Endorsements, )
"� k�., , ) NOTICE TO CLAIMANT
rd'4AC'i n. All Section references are to The copy of this document mailed to
�lnia ment Codes. ) you is your notice of the action taken
6. 0 2 20��
F Ed on your claim by the Board of
UNN GOCA`F� Supervisors. (Paragraph IV below),
CO �TtN�Z THE AMOUNT CLAIMED EXCEEDS THE given Pursuant to Government Code
t4R AMOUNT: LIMIT PROVIDED IN SECTION 910 Section 913 and 915.4. Please note all
(f) OF THE GOVERNMENT CODE "warnings".
CLAIMANT: FRANCISCO JAVIER SALAZAR CHIQUETE
ATTORNEY: ARNOLD CAS ILLAS , Esq - DATE RECEIVED: FEBRUARY 01 , 2007
3500 W. BEVERLY BLVD.
ADDRESS: MONTEBELLO, CA 906A 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 CULLEA_V!
Dated: By: Deputy
II. FROM: County Counsel TO: Clerk of the Board of S ervisors
( 4-1`fi`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: _ D-7 BY: m �B�D p Y Count e ut Counsel
Y
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:
(vr This Claim is rejected in full.
O Other:
I certify that this is a true and correct copy of the Board's Order entered in its minutes for
this date.
Dated/&YM ","604jbHN 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 certilled copy of this
Board Order and Notice to Claimant, addressed to the claimant as shown above.
Dated: A/ct.x19A D y, —Z".;i`JOHN CULLEN, CLERK By Deputy Clerk
1�1 `2b:' 1-1J:=0H t_UUN I i LCKY'. Ur 1 rIC I IU.YJGJ VU.L
` d
BOARD OF SCtPERVISORS OF CONTRA COSTA�UNTY
_
INSTRUCTIONS TO CLAIMANT
a or
cause of action for death or for injury to person r top r of thsonat e A. A claim relating to curse ly of
growing crops shall be presented not later than six months a t r he.
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 § 9l 1.2.)
B. Claims must be filed with the Clerk of the Board of Supr9 55at Its office in Room 106,
County Administration Building, 651 Pine Street, Martinez, CA
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 Sec. 72 at the end of this form.
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Reserved for Clerk's filing stamp
RL: Claim BY: )
Francisco J�v n
Against the County of Corara Costa or ) FEB
l
District) Co.
(Fill in the name)
The undersigned claimant hereby makes claim against the County of Cas follows
district in the sum of$ ntra Csta or he above-undersigned
attch. and in support of th.ts clam. represents
1, When did the da.rnage or injury occur? (Give exact date and hour)
See Attachment.
? Where did the damage or injury occur? (Include city aotd county)
See Attachment.
3. ioccur'? (Give full derails; use extra paper if required)
How did the damage ornjury
See Attachment.
ussion on the part of county or district o!''Gcers, servants, or amp °yeas
4 What particular act or on
caused the injury or damage?
See Attachment.
5 Whit are the names oC county or clistricl officers, servants, or employees causing the
damage or injury r
See Attachment.
13a 7.3 _JH I Ir'H UJ=e 1 H l_UIJfd I r I._Lth�'Y. Ur- I r1t aVu l
' or lajuries do your claim resulted? (C-rive full extent of injuries or damages
F,. What damage J
claimed. Attach two estimates for auto damage.
See Attachment.
Ilow was the amount claimed above computed? (Include the estimated amount of any
7.
prospective iniury or damage•)
See Attachment.
g. Namcs and addresses of witnesses, doctors, and bospitals:
See Attachment.
s you madeonof this accident oAMOU T
9. List the expenditure
QATF
See Attachment.
Gov.Code Sec. 910.2 provides"The claim shall be
j signed bythe claimant-ooh-v me person on his
)behalf."
SCND NOTICES TO Aliorne
Name and address of Attorney
Cl 'maut' nature)
Arnoldo Casillas, Esq. )
3500 W. Beverly Blvd. ) 3500 W ontebello, CA 90602
Montebello, CA 90602 dres
(323 ) 725-0917 ) (323 ) 725-0917
Telephone No.
Telephone No.
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e/r////P//////VMS"
PUBLIC RECORDS NOTICE:
Please be advised that this claim form, or any claim filed with (GovCode, §5counry r tlie6� 0 et seq.)SAct, is subject 10
Further•more, any
public disclosure under the California Public Records Act.
attachments; addendurrms, or supplements atuched to the claim form, including medical records,are a.iso subject to
public disclosure.
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NOTICE:
.Section 72 of Ilre PettnJ Code prorides,
to any state board or officer, or
Edery person who, with intent to defraud, presents for allowance or for payment
cil or district Loard or officer, authorized to allow or pay the same if genuine, any false or
to any counq, Y�
ill the
nty jail for a
frauclulen
t claim bill, account \!oucher, or tt�rtting, is punishable ei 11ou bndtnpll s($1,000-04 ooruby boll such
period of riot snore than one year, by a Cine of not exceeding one shot�a
inl,risolvnerit and I•itte, or by i�-nprisomnent in the staie prlsnn, by El sine of nbt. exceeding ten thousand dollttrs
1
($10,000), or by uoth Sur-I, nnpnFuntnent and fin .
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
FRANCISCO JAVIER SALAZAR CHIQUETE
7
8
Attorneys for Claimant ) CLAIM FOR MONEY DAMAGES
9 FRANCISCO JAVIER SALAZAR CHIQUETE )
[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
18 1. Name of Claimant: FRANCISCO JAVIER SALAZAR CHIQUETE
2. Name and mailing address of the person to whom notice of action on this claim is to
19
be sent:
20
FRANCISCO JAVIER 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
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's father Francisco Javier Salazar was a passenger in a
vehicle traveling northbound on Vasco Road in the northbound lane. Rosa Osbourne was
28
1
FRANCISCO JAVIER SALAZAR CHIQUETE'S CLAIM FOR MONEY DAMAGES
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
FRANCISCO JAVIER SALAZAR CHIQUETE'S CLAIM FOR MONEY DAMAGES
•
1 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 (ERRS) 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
FRANCISCO JAVIER SALAZAR CHIQUETE' S CLAIM FOR MONEY DAMAGES
• i
1 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 FRANCISCO JAVIER SALAZAR CHIQUETE
c/o ARNOLDO CASILLAS, ESQ.
17 MORENO, BECERRA & CASILLAS
3500 West Beverly Boulevard
18 Montebello, CA 90640
PH: (323) 725-0917
19 FX: (323) 725-0350
20
MORENO, B ERRA & C SELLAS
21
22
Dated: January 71q , 2007 By:
23 O VASILLAY, ESQ.
GREGORY W. MORE O, ESQ.
24 Attorney for Claimant
FRANCISCO JAVIER SALAZAR CHIQUETE
25
26
27
28
4
FRANCISCO JAVIER 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, 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
1 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 Ibarra
19
20
21
22
23
24
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5
FRANCISCO JAVIER SALAZAR CHIQUETE' S CLAIM FOR MONEY DAMAGES
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