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Home My WebLink AboutMINUTES - 03062007 - C.26 (9) • ' T CLAIM r' 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 n your claim by the Board of JAN 3 0 " Supervisors. (Paragraph IV below), 2007 given Pursuant to Government Code AMOUNT: $30,000 .00++ COUNTYCOUNSEL Section 913 and 915.4. Please note all MARTINEZ CALIF. "Warnings". CLAIMANT: JAMES H. DISNEY ATTORNEY: JAMES H. DISNEY DATE RECEIVED: JANUARY 30, 2007 JAMES H. DISNEY ADDRESS: 3325 CLAYTON ROAD BY DELIVERY TO CLERK ON: JANUARY 30, 2007 CONCORD, CA 94519 BY MAIL POSTMARKED: HAND DELIVERED FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. JANUARY 30, 2007 JOHN CULLEN, r Dated: By: Deputy 11. FROM: County Counsel TO: Clerk of the Board of Supervisors ( Li, his 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: 7 By: f� ' b,� 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). 1V. BOARD ORDER: By unanimous vote of the Supervisors present: (� This Claim is rejected in full. ( ) Other: I certify that this is a true and con•ect copy of the Board's Order entered in its minutes for this date. Dated a.v'eA ,! WOHN 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. Ef 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 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:/ -Art%4 -,P/dA47' JOHN CULLEN, CLERK By Deputy Clerk BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT A. A claim relating to a cause of action for death or for injury to person or to personal property or growing 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.) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the Count-, 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. ........................................................................ . .... . RE: Claim By: Reserved for Clerk's filing stamp JAMES H. DISNEY ) RECEIVED ) JAN 3 0 2007 Against the County of Contra Costa or ) County of Contra Costa, Deputy ) CLERK BOARD OFS'JPERVISORS CONTRA CC,-,fA CO. Sheriff Justin Gregory, x>Dimict) (Fill in the name) ) Deputy SheriffNeil Black (Detention)) , Doe 1-Doe 10 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 ++ and in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact date and hour) September 29 , 2006, and following; continuing 2. Where did the damage or injury occur? (Include city and county) Arrested by Deputy Sheriff Justin Gregory on September 29 , 2006 outside Bray Courthouse without legal justification; incarcerated 3. How did the damage or injury occur? (Give full details; use extra paper if required) County Jail. Arrest without probable cause,' without arrest warrant, or restraining order, or other lawful process. 4. What particular act or omission on the part of county or district officers, servants, or employees caused the injury or damage? Peace officer may only arrest without a warrant upon probable cause, when acting within his duty as an officer. See Penal Code §§ 836 , 834 , 841 , 849 , et al 5 What are the names of county or district officers, servants, or employees causing the ($' damage or injury? Deputy Sheriff Justin Gregory, Deputy Sheriff Neil Black (Detention) ; Conspiracy with others, names currently unascertained. See 06-8472 CCC SO; and other ORIGINAL � 06-5653 CCC SO; and other c o. `w'hat damage or injuries do your claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage.) Injuries to body, strains, sprains, Penetration of skin causing blood flow, bruises, Loss of time and income therefrom, Mental anquish, pain & suffering, travel expense, etc. 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) Estimated. Damages are continuing and on-going and may exceed the amount estimated in the space above `5[ 1. An arrest complaint was declined by Deputy DA; no criminal proceedings. 8. Names and addresses of witnesses, doctors, and hospitals: Deputy Sheriff Justin Gregory; Neil Black (who describes falsely) Attending medical technician at Jail, others 9. List the expenditures you made on account of this accident o�injury: DATE TIME currently unascertained in full Bail with Alladin Bail Bonds $315; on Sept. 30 , about 1 : 30 a.m. a 0 a a a a a 0 0 0 a 0 a 0 a 0 a 0 0 0 a 0 0 0 a a a a a 0 0 a a a a 0 0 a a a a 0 0 0 a m a w a w w a a a a w a a a a w a a a a w a w w a a w a a ■ ■ aa as a sal Gov. Code Sec. 910.2 provides"The claim shall be signed by the claimant or by some person on his behalf." SEND NOTICES TO: (Attomey) 1 Name and address of Attorney ) (Claimant's Signature) JAMES H. DISNEY 3436 Tanager Circle, Concord, CA 94520 ) 3325 Clayton Road ) (Address) Concord, CA 94519 ) Telephone: 925-687-7100 ) Telephone No. 925-687-7100 ) Telephone No. 686-1315 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. ........................................................................0 ■ .. maws Boost 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 , is punishable either by imprisonment in the County jail for a fraudulent claim, bill, account voucher, or writing 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 imprisonment and fine.