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Home My WebLink AboutMINUTES - 02052008 - C.7 (4) CLAINI BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY ' BOARD ACTION: FEBRUARY 05, 2008 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 Tp D on your claim by the Board of Supervisors. (Paragraph IV below), JAN 0 2 2008 given Pursuant to Government Code AMOUNT: $20MILLION COUNTY COUNSEL Section 913 and 915.4. Please note all MARTINEZ CALIF. "Warnings". CLAIMANT: TINA SILVIA ATTORNEY: UNKNOWN DATE RECEIVED: DECEMBER 31, 2007 ADDRESS: #8 WETZEL ROAD BY DELIVERY TO CLERK ON: JANUARY 02, 2008 BRENTWOOD, CA 94513 BY MAIL POSTMARKED: HAND DELIVERED FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. JOHN CULLEN, . -k Dated: JANUARY 02, 20013 By: Deputy 11. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) This claim complies substantially with Sections 910 and 910.2. ( his 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 claire (Section 911-3). ( ) Other: Dated: 1'07 �� By. J puty County Counsel 111. 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. 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: y�r,�.-r ate' o OHN CULLEN, CLERK, By Deputy Clerk WARNING (G v. 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 nwil 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. If you want to consult an attorney,you should do so immediately. *For Additional Warring See Reverse Side ofThis 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: y� o e JOHN CULLEN, CLERK By Deputy Clerk OFFICE OF THE COUNTY COUNSEL 5E--L SILVANO B. MARCHESI COUNTY OF CONTRA COSTA COUNTY COUNSEL Administration Building �'••+ 651 Pine Street,91" Floor �' �••+ SHARON L. ANDERSON Martinez, California 94553-1229 *�' - CHIEF ASSISTANT (925)335-1800 GREGORY C. HARVEY A. -=.„'>�riQ\ -_ =."� ”, �• '� VALERIE J. RANCHE (925)646-1078(fax) �; �n'� C ASSISTANTS �Osr*9 COUK�' NOTICE OF INSUFFICIENCY AND/OR NON-ACCEPTANCE OF CLAIM TO: Tina Silvia #8 Wetzel Road Brentwood, CA 94513 RE: CLAIM OF TINA SILVIA Please Take Notice as Follows: The claim you presented against the County of Contra Costa or District governed by the Board of Supervisors fails to comply substantially with the requirements of California Government Code Section 910 and 910.2, or is otherwise insufficient for the reasons checked below: [✓] 1. The claim fails to state the name and post office address of the claimant. [✓] 2. The claim fails to state the post office address to which the person presenting the claim desires notices to be sent. [ ] 3. The claim fails to state the date,place or other circumstances of the occurrence or transaction which gave rise to the claim asserted. [ ] 4. The claim fails to state the name(s) of the public employee(s) causing the injury, damage, or loss, if known. [ ] 5. The claim fails to state whether the amount claimed exceeds ten thousand dollars ($10,000). If the claim totals less than ten thousand dollars ($10,000), the claim fails to state the amount claimed as of the date of presentation, the estimated amount of any prospective injury, damage or loss so far as known, or the basis of computation of the amount claimed. [ ] 6. The claim is not signed by the claimant or by some person on his or her behalf. [ ] 7. You are required to submit your claim on the proper form,which is enclosed. Please resubmit your claim on the enclosed form, including all the required information. Gov. Code, § 910.4. Tina Silvia Re: Claims of Tina Silvia Page Two Please be aware that you have only a limited period of time in which to file an amended claim. See Gov. Code, § 910.6. [✓] 8. Other: Please provide all the dates, including year,when the danger or injury occurred. SILVANO B. MARCHESI COUNTY COUNSEL By: Monika L. Cooper Deputy County Counsel CERTIFICATE OF SERVICE BY MAIL (Code Civ. Proc., §§ 1012, 1013a,2015.5; Evid. Code, §§ 641, 664) I am a resident of the State of California, over the age of eighteen years, and not a party to the within action. My business address is Office of the County Counsel, 651 Pine Street, 9th Floor,Martinez, CA 94553-1229. On %_ �- O F I served a true copy of this Notice of Insufficiency and/or Non-Acceptance of Claim by placing the document in a sealed envelope with postage thereon fully prepaid, in the United States mail at Martinez,California addressed to Tina Silvia,#8 Wetzel Road,Brentwood,CA 94513, as set forth above. I am readily familiar with Office of County Counsel's practice of collection and processing of correspondence for mailing. Under that practice,it would be deposited with the U.S. Postal Service on that same day with postage thereon fully prepaid in the ordinary course of business. I declare under penalty of perjury under the laws of the State of California and the United States of America that the above is true and correct. Executed on / " O at Martinez, California.D, athleen O'Connell cc: Clerk of the Board of Supervisors(original) Risk Management _ 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 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 forma RE: Claim By: Reserved for Clerk's filing stamp RECEIVED Against the County of Contra Costa or > DEC 3 1 2001 District) CLERK BOARD OF SUPERVISORS (Fill in the name) ) CONTRA COSTA CO. The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named district in the sum of$ �tt m.• W1� and in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact date and hour) Le � 41--o 2. Where did the damage or injury occur? (I Jude city and county) L ps S C }3,�,�.S: ,,.,L s S ►� wc.S S we v ld ��e_ L�c va-�'r'� �`'� (p z_J r 13 &✓S Ch 9YS73 3. How did the damage or injury occur? (Give full details; use extra paper if required) �v�� ,Cd.60 13:_t$; +•� S S -t^^ WC-d14 4== 4. What particular act or omission on the part of county or district officers, servants, or employees caused the injury or damage? �� 12-e /3 5 Z^^ f C�' ►� I�l 1 Ow1\._.s we. s C >1 .4��n•► s SS c�, cJ — I ��rl�.� S 5 What are the names of county or district officers, servants, or employees causing the R.6 S damage or injury? — L 6►-�Sl�{ .t 6. What damage or injuries do your claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage.) L X55 V� w, ��Y rtn �^�`�- SSS M �S 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) HCl; -f-W,r,\/ \-e,�, 0/0 8. Names and addresses of witnesses, doctors, and hospitals: 9. List the expenditures you made on account of this accident or injury: DATE TIME r) �� ` AMOUNT . ............................... ...r....................... ................ ........� L n4 ►v -�►^ ; Gov. Code Sec. 910.2 provides"The claim shall be signed by the claimant or by some person on his behalf" SEND NOTICES TO: (Attorney) ) -- Name and address of Attorney ) (Claimant's Signature) (Address) Telephone No.9 i--1 Telephone No. 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. .............................................■.............................■ ■ ■.....■1 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 fraudulent claim, bill, account 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 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. 12/311/2007 14:16 CONTFA COSTA COUNFT CLERK OF THE 4 97771198 , 4O..990 P02 BOARD OF St'pERVISORS OF CONTRA COSTA COUNTY INS -RUCTIONS TO C'L, IMANT A. A claim relating;to a r.•ause of actionforlategter han six M Injury,�°mer the accluAl rof the ca'se aj growirg crops shall he prese.ted n ther causecti of aor shad ese be prnted not ;iter than oa-� year action, A clair.rl relating to any o afcei the accrual of Lh�o cause of action. !Gov. Code § 911.2.) fl. Ciaims rens: be 41pd with the Clerk of the Board of Superv3� Sat its n#tce in Room 106, County AdminisaedOn Building, 651 Pine Street. 'vlartinez,CA C, 1f claim is against a district governed by the BOard cl. Supervisurs, rather than the Cetnt}.. the 1 name of the District shoLld be filled in. D. if the claim is against more Char, one public entity, separate claims crust be filed against each public entity• E. f Lud. See penalty for fraudulent claims,Penal Code Sec. 72 attse end cif this farm_ err arrroserrrrrrr®►►rrrrrrr►rrrrrrr►r►r■rrrrrr►rrrrr■rrrrrrr+rrr►rrr►r•►+*r►►r' Reserved for Clerk's filing,-=P Claim By: ) .f Agaiw- the Counly of Centra Costa or } District) (Fill in the n=e) l The undersigned claimant hereby makes claim against the County of Contra Costa uws ciist;ict in the sum of as above-na:ned and in support of this claim represents l. When did the dem,age cr injury' occur? Give exact date and hour; ` �� s Sc or in'w occ��u? (Includ-ci.tyacounty') � 2. Where did the damage ] Y � � �� S ]-low did the damage or injury occur? (Give .Full dewls.,use extra paper if requxedi c1� CI` S z V °w'hat particular a�•i oz orris�on on the part of count),or district officers, servan m ay caused the iwtu-y or damage �� ,,�, t V `T"'\ „A 1 rhrit are t7ae Warnes of coanty or district offfZJicers, gP-�,�,r��s,o' nmpl0Vee5 C3uS7r►g t}le �,�� ` � ✓' tU4 S damage or in Iry? 1 , o Z13 �� LI �Y1 ss , V� JA t 1 1 � ,