HomeMy WebLinkAboutMINUTES - 03062007 - C.26 (15) . R
CLAIM •
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 r i >-7-71� e The copy of this document mailed to
California Government Codes. you is your notice of the action taken
FEB 0 2 2007 ono r claim y u a m by the Board of
Supervisors. (Paragraph IV below),
COUNTY COUNSEL
MARTINEZ CALIF. given Pursuant to Government Code
AMOUNT: AN AMOUNT IN EXCESS OF THE Section 913 and 915.4. Please note all
JURISDICTION OF THE SUPERIOR "Warnings".
CLAIMANT: COURT
PATTY HOPSON
ATTORNEY: UNKNOWN DATE RECEIVED: FEBRUARY 02 , 2007
ADDRESS: 501 ENTERPRISE AVENUE BY DELIVERY TO CLERK ON: FEBRUARY 02 . 2007
APT. B
RICHMOND, CA 94801 BY MAIL POSTMARKED: JANUARY 30 , 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
II. FROM: County Counsel TO: Clerk of the Board of S ervisors
( This 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).
( ) Other:
Dated: _a—� By: /-,Y?Cat�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.iBOARD ORDER: By unanimous vote of the Supervisors present:
(� 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
,thhis date.
Dated�/u,7C4 44,0144YOHN CULLEN, CLERK, By Deputy Clerk
WARNING (Gov. code section 913)
Subject to certain exceptions,you have only six(6) rnontlrs 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. [f you want to consult an
attorney,you should do so immediately. *For Additional Warring 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: °?'��JOHN CULLEN, CLERK By Deputy Clerk
RECEIVED
CLAIM AGAINST PUBLIC ENTITY FEB 0 2 2007
[Gov. Code§905,910,910.21 CLERK BOARD OF SUPERVISORS
CONTRA COSTA CO.
TO: Contra Costa County
Board of Supervisors
651 Pine St. Rm 108A
Martinez, CA, 94553
Ms. Patty Hopson ("Claimant") hereby makes a claim against Contra Costa County, 651
Pine St. Rm 108A, Martinez, California 94553, and makes the following statements in support of
the claim:
1. Claimant resides at 501 Enterprise Avenue, Apt. B, Richmond, California 94801.
2. Notices concerning the claim should be sent to Ms. Patty Hopson, 501 Enterprise
Avenue, Apt. B, Richmond, California 94801.
3. .On or about August 9, 2006, Claimant sustained personal injuries and damages, as
a passenger on a Western Contra Costa Transit Authority bus, when a vehicle driven by Todd
Maclarean' collided with the Western Contra Costa Transit Authority bus.
4. That at said time and place, Contra Costa County, and its agents, employees, so
negligently entrusted, managed, maintained, drove, operated, repaired, manufactured, and
designed said bus in a dangerous and negligent manner along and upon Pinole Valley Road in the
City of Pinole, California, proximately causing said bus to collide with the motor vehicle driven
by Todd Maclarean so as to proximately thereby cause the hereinafter described injuries and
damages to Claimant.
5. As a proximate result of the negligence of Contra Costa County, and its agents,
' Todd Mclarean's Progressive insurance policy number is 62028716 and the claim number is 06-9009395.
1
employees and other persons whose identities are currently unknown, Claimant was hurt and
injured in her health, strength and activity, sustaining injury to her body and shock and injury to
her nervous system and person, all of which said injuries caused and continue to cause Claimant
great mental, physical, and nervous pain and suffering.
6. The claim is made in an amount in excess of the jurisdiction of the Superior
Court.
Dated: January 26, 2007
Sincerely,
Patty Hopson
' Todd Mclarean's Progressive insurance policy number is 62028716 and the claim number is 06-9009395.
2
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• 12!12/2006 11:44 CONTRA COSTA COUNTY CLERK OF THE 4 914153585855 N0.856,�;
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY l
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 Cleric of the Board of Supervisors at its office in Room 106,
County Administration Building;, 65I Pine Street,Martinez, CA 94553.
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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Claim By: Reserved for Clerk's filing stamp
RECEIVED
Against the County of Contra Costa )
�( } FEB 0 2 2001
(Fill in the name) ) CLERK BOARD OF SUPERVISORS
CONTRA COSTA CO.
The undersigned clai.man-,bereb s claim against the County of Contra Costa or the above-named
district in the sum of S and in support of this claim represents as follows:
1. When dlid the damage or injury occur? (Give exact date and hour)
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2. Where di.cleedamage or injury occur?, (Include city and count ) f
L�'lC41 card nl; t i �
3. How did"tf�ee d�a�a-e or i�ur? fi ��
.g fury ve fvl details; use extra paper if required)
4. What particular act or omission on the part of county or district officers, servants, or employees
caused the injury or damage?
5 What are the names of county or district officers, servants, or employees causing the
damage or injury?
12/12/2606 11:44 CONTRA COSTA COUNTY CLERK OF THE 4 914153585855 NO.656 02
b. What damage or injuries do our claim resulted? Give full extent of injuries or damages
g J Y ( J g
claimed. Attach two estimates for auto damage.)
(-4-et- /Z44,""� )
7. How was the amount claimed above computed? (Include the estimated amount of any
prospective injury or damage.)
S. Names and addresses of witnesses,doctors, and hospitals,
9. List the expenditures you made on account of this accident or injury:
DATE T/IN1E AMOUNT
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) Gov. Code Sec. 910.2 provides"The claim shall be
) signed by the claimant or by some person on his
} behalf."
SENT]NOTICES TO; (Attorney) �—
Name and address
//ofs,Attorney -}
(C ailes Signature) \
(Addre s
��.
.75-/
Telephone ) i
Telephone Na. ) Telephone No.
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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, addenclums, or supplements attached to the claim fonn, including medical records, are also stibject to
public disclosure.
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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 tete same if genuine, any false or
fraudulent claim, bill, ACCOLmt voucher, or writing, is punishable either by imprisonment in. the County jail for a
period of not more than one year, by a fine of not exceeding one thousand dollars ($1,000.00), or by bath such
imprisonment and fine, or by imprisonment in the state prison, by a One of not exceeding ten thousand dollars
($10,000), or by both such imprisonment and fine.
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY
CLAIM FORM page 1
RESPONSES to:
QUESTION# 3 : Failure of Contra Costa Animal Services to act despite exigent
Circumstances resulted in : neglect and endangerment of trapped cat on balcony of
vacated building : neglect and endangerment of trapped cat on balcony
through failure to evaluate and/or provide medical care; abuse , endangerment, death
of one or more injured animals in unit#301; neglect, endangerment and loss of two
cats from#301; failure to provide humane ,timely disposal of dead cats in#301;
Coverup of recovery and actual site/cause of death of 5 cats; failure to investigate
and verify cause of death of 5 cats.
FFF/Sally Morgan Welch is now deprived of 4 foster cats/property and companionship
derived thereof. Recovery of fostering costs through adoption now moot.
QUESTION 44:
Failure of the Contra Costa Animal Services to initiate and investigation into
Keys #410 building upon release of the building from Fire Department investigation,
DESPITE EXIGENT circumstances, led to : (1)the endangerment and neglect of one
live cat trapped in a unknown unit without food or water until discovered by FFF
representative.(2)endangerment and neglect due to Animal Services' refusal to
provide food and/or water to trapped cat, rather relying on untrained workmen from
The Keys, who hitherto, had declared no cats were in the building !(3) continued
neglect of trapped cat by Animal Services by their refusal to enter unit and remove cat
for medical evaluation; (4) inhumane death and/suffering of injured animal(s)that
subsequently died in#301;(5)possible death of one cat due to starvation by their
refusal to enter#301.(6) loss of two cats from building 410 ,unit#301, whereabouts
and medical status unknown.
Failure of Contra Costa Services personnel to leave food and water in adjoining units and
hallways led to loss of two cats, whereabouts unknown.
Failure of Contra Costa Animal Services to provide timely and humane recovery of
bodies of cats in#301, prevented (intentional ?) inability to determine exact time and
nature of death.
Ignorance of or refusal to act in the face of exigent circumstances to investigate 410
building units and 4301 resulted in all of the above#3 responses.
Failure of Contra Costa Animal Services to investigate and interview actual participant
Fire personnel and onsite personnel at time of fire led to loss of two cats, whereabouts
unknown and medical condition unknown.
Abdication of their responsibilities and powers to untrained Keys personnel and
workmen, despite exigent circumstances, resulted in all of the above and#3 responses.