HomeMy WebLinkAboutMINUTES - 03062007 - C.26 (12) CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY 6 . 10
BOARD ACTION: MARCH 06 , 2007
Claim Against the County, or District Governed by )
the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT
D .*al on. All Section references are to ) The copy of this document mailed to
y '
ii rnment Codes. ) you is your notice of the action taken
FEB 0 2 2007
on your claim by the Board of
Supervisors. (Paragraph IV below),
COUNTY COUNSEL THE AMOUNT CLAIMED EXCEEDS THE given Pursuant to Government Code
MARTINRA7& T: LIMIT PROVIDED IN SECTION 910 Section 913 and 915.4. Please note all
(f) OF THE GOVERNMENT CODE "Warnings".
CLAIMANT: JOSE SAC LOPEZ
ATTORNEY: ARNOLD CASILLAS , Esq. DATE RECEIVED: FEBRUARY 01, 2007
3500 W. BEVERLY BLVD. FEBRUARY O1 2007
ADDRESS: MONTEBELLO, CA 9069,2 BY DELIVERY TO CLERK ON:
qb
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, l
Dated: By: Deputy
II. FROM.: County Counsel TO: Clerk of the Board of Supervisors
( pis 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: :9— Jam" 7 By: '�C.E &-- . Deputy County Counsel
II1. 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. QOARD 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
�thhiis date.
Dated/%-* !! ")6HN 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 ofTlris 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:�� -dh °1i 0&0,"_ JOHN CULLEN, CLERK By Deputy Clerk
1.5:DJ l_IJf r 1 KH l-U:=)I H i.-UIJPJ I 'i LrrIT•. Ur I rt - V1.��.�
- d BOARD OF SUPERVISORS OF CONTRA COSTA —OUNTY
INSTRUCTIONS TO CLAJAMAN
Blatin to a cause of action for death or for injury to person era° pu rsonal C 1 of thecause of
A. A iperty claim r B
growing crops shall be presented e c
°[ ause of ter
six months after th
action. A claim relating to any oth action hall be presented not later than 0M Year
after the accrual of the cause oz action.
(Gov. Code § 9l 1.2.)
B.
Claims must be filed with the Clerk of the Board of Supervvis9 55at its office in Room 106,
County Administration Building, 651 Pine Street, tvlartinez,
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 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 at the end of this form.
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Deserved for Clerk's filing stamp
claim 13y: )
Jose Sac Lo ez LEI(),�RD
VE®
2007
Against the County of Contra Costa or
ji
District)
(Fill in the name)
The undersigned claimant hereby makes claim against the County of Contra sents asofollow5sta Or he abo e-named
Th g see attch. and in support of this claim rep
district in the sum of�
1, when did the drainage or injury occur? (Give exact date and hour)
See Attachment.
? Where did the damage or injury occur? (Include city and county)
see Attachment.
z 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 officers, servants, or employees
caused the injury or damage?
See Attachment.
5 What are the names of count• or distric( officers, servants, or employees causing the
damage or injury?
See Attachment.
_IJIJ I 1'.H k-1-En.1 H t_IJUN I Y l_LttrY. 1-jr- I rit 71�G�r"GJkJ ,.7tJ f 11J.t7—I.D VU-1
or injuries do your claim resulted? (Give full extent of injttries or damages
F,. What damage J
claimed. Attach two estimates for auto damage.l
See Attachment.
u<r was t}te amount claimec} above computed? (Include the estimated amount of any
7. I-lo
prospective injury or damage.)
See Attachment.
g. Names and addresses of witnesses, doctors, and hospitals:
See Attachment.
9, List the expenditures you made on ccount of this accident on •Jry'
DATE TIME_
UNT
See Attachment.
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Gov.Code Sec. 910.2 provides "The claim shall be
- ) signed by the claimant-or __ orne_person on his
)behalf."
SCND_NOTICES M (Attorneyl ,.
Name and address of Attorney ✓,�
C) mart's Sigr�ahlre)
Arnoldo Casillas, Esq. )
3500 W. Beverly Blvd. ) 35 ontebello, CA 90602
Montebello, CA 90602 dres
(323 ) 725-0917 ) Telephone No. (323 ) 725-0917 --
Telephone No.
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PUBLIC RECORDS NOTICE:
e be advised that this claim form, or any claim filed with thz CcCadeun§der t6��A�et seq)ST urthern,orAct, is �eCar�Y
Pleas u
public disclosure under the California Public Records Act. (Gov.
attachments, addendums, or supplements atuched to the claim fortn, including medical records,are also subject to
public disclosure.
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NOTICE:
Section 72 of►Ile penal Code provides.
meat to any state board or officer, or
a the some if genuine, any false er
Every person who, with intent to defraud, presents for allowance ll for pay
to arty count)', city, or district board or officer, authorized to allow or 1 Y
1 tile
unty
jai
frauclulent clalm, bill,
account voucher, or wrlllt}g, 15 ptlllisl}able either b} ilnpnsost► 1 0010 00), oor by both such
period of riot more than one Year, by 1 f111e, of 110t eXCCCCIIIIfi one lhOUSand d011al
m lrisonment ttlld fide, or })}' jrnprisonlnent in the state prison. by a fine of not exceedia¢ fen thO115311d dollars
I }
($1 o,000),or by both such impnsun171ent and fine.
I 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
JOSE SAC LOPEZ
7
8
Attorneys for Claimant ) CLAIM FOR MONEY DAMAGES
9 JOSE SAC LOPEZ )
[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: JOSE 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
JOSE SAC LOPEZ
21 c/o ARNOLDO CASILLAS
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 brother Manuel Sac Lopez was a passenger in a vehicle
27
traveling northbound on Vasco Road in the northbound lane. Rosa Osbourne was traveling
28
1
JOSE SAC LOPEZ'S CLAIM FOR MONEY DAMAGES
I southbound when the vehicle Claimant's brother 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's brother 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's brother 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 the
15 corresponding damages pertaining to the heir of decedent including, but not limited to, loss of
16 future financial support, loss of love, comfort, solace, care.
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
JOSE SAC LOPEZ' 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 (IRRS) 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
JOSE SAC LOPEZ'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 JOSE SAC LOPEZ
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, BECERRA& QASILLAS
21
22
Dated: January, 2007 By:
23 OL O SIL AS ESQ.
GREGORY W. MORENO, ESQ.
24 Attorney for Claimant
JOSE SAC LOPEZ
25
26
27
28
4
JOSE SAC LOPEZ'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 , 2007, at Montebello, California.
17
18
Steven Ibarra
19
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5
JOSE SAC LOPEZ' S CLAIM FOR MONEY DAMAGES
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