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Home My WebLink AboutMINUTES - 03182008 - C.25 4 APPLICATION TO FILE LATE CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA 2 BOARD ACTION MARCH 18, 2008 Application to File Late Claim ) NOTICE TO APPLICANT Against the County, Routing The copy of this document mailed to you is your Endorsements, and Board Act ce of the action taken on your application by (All Section References are to oard of Supervisors (Paragraph III, below), California Government Code. SEB 1" 3 2000 n pursuant to Government Code Sections 911.8 and 915.4. Please note the "WARNING"below. COUNTY COUNSEL Claimant: ALEXANDER PEQUESMABTINEZ CALIF NOTE: Attorney: UNKNOWN FIRST CLAIM WAS RECEIVED ON DECEMBER 24, 2007 BOARD ACTION DATE WAS JANUARY 22, 21008 Address: 5434 MEADOW PARKWAY SACRAMENTO, CA 54823 Amount: $2, million By delivery to Clerk on: , FEBRUARY 13, 2008 I Date Received: FEBRUARY 13, 2008 By mail, postmarked on:' HAND DELIVERED I. FROM: Clerk of the Board of Supervisors TO: . County Counsel Attached is a copy of the above noted Application to File Late Claim. DATED: FEBRUARY 13/08 JOIN CULLEN, Clerk, By: DEPUTY II. FROM: County Counsel TO: erk of thejBoard 9f Supervisors ( ) The Board should grant this Application to File Late Claim (Section 911.6) (,X The Board should deny this Application to File Late Claim (Section 911.6). DATED: 1:�9--/3 (7 g SILVANO B.MARCHESI, County Counsel, By: ��,T„� DEPUTY III. BOARD ORDER By unanimous vote of Supervisors present (Check one only) ( ) This Application is granted (Section 911.6). ( This Application to File Late Claim is denied (Section 911.6). I certify that this a true and correct copy of the Board's Or er ente in its minutes for this date. DATE: JOHN CU.LLEN', Clerk,By: DEPUTY WARNING (Gov. Code §911.8) If you wish to file a court action on this matter,you must first petition the appropriate court for an order relieving you from the provisions of Government Code Section 945.4 (claims presentation requirement). See Government Code Section 946.6. Such petition must be filed with the court within six (6) months from the date your apRycation for leave to present a late claim was denied. 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. IV. FROM: Clerk of the Board TO: (1) County Counsel (2) County Administrator Attached are copies of the above Application. We notified the applicant of the Board's action on this Application by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. DATED: r)'� y 2 JOFIN CULLEN', Clerk, By: DEPUTY V. FROM: (1) County Counsel (2) County Administrator TO: Cl rk o ie Board of Supervisors Received copies of this Application and Board Order. DATED: County Counsel, By: County Administrator, By: APPLICATION TO FILE LATE CLAIM CLAiM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY BOARD ACTION: 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 on your claim by the Board of Supervisors. (Paragraph IV below FEB 14 2000M given Pursuant to Government Code n COUNTY EL Section 913 and 915.4. Please note all AMOUNT: MARTINEZ CALIF. "Warnings„ CLAIMANT: L-5#_kollr ATTORNEY: DATE RECEIVED: 02'lLI 9 ADDRESS: ti�lg V� � X12 BY DELIVERY TO CLERK ON: 14erculo_s C�) g4547 BY MAIL POSTMARKED: i �3 FROM: Clerk of the Board of Supervisors T0: County Counsel Attached is a copy of the above-noted claim. �-�r�� i,, JOHN CUL N, Clei•k Dated: ' 14 By: Deputy, u_uu/ 11. FROM.: Count Counsel TO: Clerk of the Board of Supervisors (' 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). O Claim is not timely filed. The Clerk.should return claim on ground that it was filed late and send warning of claimant's night to apply for leave to present a late claim (Section 911.3). O Other: Dated: By: Deputy 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). IV. 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: ® JOHN CULLEN, CLERK, By t De uty Clerk WARNING ( ov. 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 nuail 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 Warning See Reverse Side of This Notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that 1. am now, and at a.11 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 ho\vn above. Dated: r),�/ l' c• JOHN CULLEN, CLERK By uty Clerk OFFICE OF THE COUNTY COUNSEL Y, SILVANO B. MARCHESI COUNTY OF CONTRA COSTA ►, '-'-r =_ •®�+ COUNTY COUNSEL Administration Building 651 Pine Street, 91h Floor ; -__�`. , SHARON L. ANDERSON Martinez, California 94553-1229 a � CHIEF ASSISTANT (925) 335-1800 r�; � 11ti,,`1 %=R• ;� GREGORY C. HARVEY (925)646-1078(fax) .'. ! VALERIE J. RANCHE `• -- _ %rte® ASSISTANTS NOTICE OF UNTIMELINESS AS TO A PORTION OF THE CLAIM TO: Jack L. Harris 33 Kingswood Drive Pittsburg, CA 94565 RE: CLAIM OF: Jack L. Harris Please Take Notice as Follows: In regards to the claim you submitted on February 12, 2008 on behalf of Jack L. Harris,portions of the claim are timely and portions are untimely. The portions of the claim prior to August 12, 2007 that you presented against the County of Contra Costa governed by the Board of Supervisors fail to comply substantially with the requirements of California Government Code Sections 901 and 911.2, because they were not presented within six months after the event or occurrence as provided by law. Because the portions of the claim prior to August 12, 2007 were not presented within the time allowed by law, no action was taken on those portions of your claim. The claim was forwarded to the Board for action only on the timely portions of the claims. The only recourse at this time is to apply without delay to the County of Contra Costa governed by the Board of Supervisors for leave to present a late claim as to the claims which are untimely. See Sections 911.4 to 912.2, inclusive, and Section 946.6 of the Government Code. Under some circumstances, leave to present a late claim will be granted. See Section 911.6 of the Government Code. You may seek the advice of an attorney of your choice in connection with this matter. If you desire to consult an attorney, you should do so immediately. SILVANO B. MARCHESI COUNTY COUNSEL By:�� Monika L. Cooper Deputy County Counsel Page 1 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 buZaId e s}s Office of the County Counsel, 651 Pine Street, 9th Floor,Martinez, CA 94553-1229. On 7� , I served a true copy of this Notice of Untimeliness as to a Portion of the Claim by placing the document in a sealed envelope with postage thereon fully prepaid, in the United States mail at Martinez, California addressed to Jack L. Harris, 33 Kingswood Drive, Pittsburg, CA 94565 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 f O -t e California and the United States of America that the above is true and correct. Executed on at Martinez, California. Paula Webb cc: Clerk of the Board of Supervisors (original) Risk Management Page 2 CLAFM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY BOARD ACTION: MARCH 18, 2008 Claim Against the County, or District Governed by ) the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Boai•d Action. All Section i•e r e The copy of this document mailed to California Government Codes. f � i you is your notice of the action taken t FEB 1 2 2008 on your claim by the Board of Supervisors. (Paragraph IV below), COUNTY COUNSEL given Pursuant to Government Code .AMOUNT: EXCEEDS TEV TH % � Section 913 and 915.4. Please note all "Warnings". CLAIMANT: JACK L. HARRIS ATTORNEY: i>IJKNOWN DATE RECEIVED: FEBRUARY 12, 2008 ADDRESS: 33 KINGSWOOD DRIVE, BY DELIVERY TO CLERK ON: FEBRUARY 12, 2008 PITTSBURG, CA 94565 BY MAIL POSTMARKED: HAND DELIVERED FROM: Clerk of the Board of Supervisors T0: County Counsel Attached is a copy of the above-noted claim. FEBRUARY 12, 2008 JOHN CULLEN, le•k Dated: By: Deputy 11. FROM: County Counsel TO: Clerk of the Board of Supervisors �- I&(i' �llis clai xcomplieLy 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 Boai•d cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim oil 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). (vYOther: Gla/M i ekl on/ eFli O ov -/Z-O'7,A,7 I G/a irn q 0,1- 7ev-,-_ a-kald 1'e ' - a l � a144- cls ,e " d Gall poa�J. 7 Dated: D `/�"O�? By: — 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. 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:; z JOHN CULLEN, CLERK, By Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions,you have only six(6) months from tile date this roti as 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. If 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 ani now, and at all times herein mentioned, have been a citizen of the United States, over age 1.8; 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 clainnan.t as shown above. Dated: 9 JOHN CULLEN, CLERK By Deputy Clerk .r CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY BOARD ACTION: MARCH 18, 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 (PRRE on your claim by the Board of Supervisors. (Paragraph IV below), FEB 1 3 200 given Pursuant to Government Code Section 913 and 915.4. Please note all AMOUNT: $10,000.00 MARTINEZ CALIF. "Warnings". CLAIMANT: SHANNON 0. MURPHY ATTORNEY: UNKNOWN. DATE RECEIVED: FEBRUARY 13, 2008 ADDRESS: General Delivery BY DELIVERY TO CLERK ON: FEBRUARY 13, 2008 Richmond, CA 94704-9999 RECEIVED THROUGH BY MAIL POSTMARKED: INTER OFFICE MAIL FROM: Clerk of the Board of Supervisors T0: County Counsel Attached is a copy of the above-noted.claim. FEBRUARY 13, 2008 JOHN CULLEN, r Dated: By: Deputy TI.. 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). O Other: Dated: (-3—07 By: 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. BOARD 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 this date. Dated: v JOI:. CULLEN, CLERK, y Deputy Clerk WARNING ( ov. code section 913) Subject to certain exceptions,you have only six(6) months front tile\dathisnotice 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. If you want to consult an attorney,you should do so immediately. *For Additional Wareing See Reverse Side ofThis 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 1.8; 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 v