No. 20-607

Tatyana E. Drevaleva v. Alameda Health System

Lower Court: California
Docketed: 2020-11-05
Status: Denied
Type: Paid
Response WaivedRelisted (2)
Tags: administrative-procedure board-of-trustees california-government-code claim-presentation contractor due-process government-claim government-claims government-code public-agency statute-of-limitations
Key Terms:
AdministrativeLaw
Latest Conference: 2021-04-16 (distributed 2 times)
Question Presented (AI Summary)

Does the local Public Agency have a right to refuse to assign a Board of Trustees and to assign a Contractor who is not directly employed by the Agency to process a Government claim and Application for Leave to Submit a Late Claim?

Question Presented (OCR Extract)

QUESTIONS PRESENTED. ; | 1) Does the local Public Agency Alameda Health System (AHS) have a right to do the following: , a) To refuse to assign a Board of Trustees and to assign a Contractor who is not directly employed by AHS in order to process my August 20, 2018 Government claim pursuant to the California Government Code Section 911.2 b) To refuse to assign a Board of Trustees and to assign a Contractor who is not directly employed by AHS in order to process my Application for Leave to Submit a Late Claim pursuant to the California Government Code Section 911.4 c) To refuse to assign a Board of Trustees and to assign a Contractor who is not directly employed by AHS in order to deny my Application for Leave . to Submit a Late Claim pursuant to the California Government Code . Section 911.6) } d) To refuse to assign a Board of Trustees and to assign a Contractor who is not directly employed by AHS in order to advise me to file a Petition for Relief from Government Code Section 945.4 as outlined at Government Code Section 946.6? 2) Does the local Public Agency AHS have a right to deny my Government claim pursuant to Government Code Section 911.2 for injury No. 1 (accusation of the Page 2 of 58 Department of Industrial Relations of the State of California that I was fired ; from AHS for committing medical negligence towards the patient) on the ground that I submitted this claim outside of a six month period that was , imposed by Gov. Code Section 911.2(a) if I submitted this claim within six months after I learned about this injury? The injury itself occurred on December 02, 2013 when Deputy of the Labor Commissioner Ms. Catherine Daly allegedly communicated with my former Supervisor from AHS Mr. Gilbert Harding and Labor Analyst of AHS Mr. Adam Cole, and both Harding and Cole allegedly said to Daly that I had been fired from AHS for committing medical negligence towards the patient. However, I didn’t know about the December 02, 2013 alleged communication between Daly and both Harding and Cole until March 13, 2018. I submitted my Government claim pursuant to | , Government Code Section 911.2 directly to. AHS on August 20, 2018 which ; was within six months after I learned about the injury. 3) Does the local Public Agency AHS have a right to deny my Government claim for injury No. 2 (the March 30, 2018 sudden statement in AHS’s Answering Brief in Appeal No. 17-16382 at the 9" Circuit that I was fired from AHS for = poor professional performance) asserting that this claim was submitted “late” if I presented this claim to AHS on August 20, 2018 which was within 6 months after learned about this injury? The injury occurred on March 30, 2018 when AHS that was represented by the Narayan Travelstead Professional Law Corporation wrote in its March 30, 2018 Answering Brief in Appeal No. \7Page 3 of 58 16382 that I had been fired in 2013 for poor professional performance and for getting involved in an incident where a patient’s safety was compromised. I actually learned about this injury on March 30, 2018 when I was served with the Answering Brief via the electronic notification. I presented a Government claim pursuant to Government Code Section 911.2 directly to AHS on August 20, 2018 which was within 6 months after learning about this injury. 4) If, after filing a Verified Petition for Relief from Government Code Section 945.4 at the Superior Court of Alameda County No. RG19002840 I found out , that the Public Agency AHS cheated me about the August 20, 2018 Government claim presentation requirements and the deadlines for submitting such a claim, and if I filed a Motion to Punish AHS for cheating me about claim presentation requirements and the deadlines for submitting such a claim, , does the Superior Court of Alameda County have a right to deny my Motion on the basis that I didn’t cite a relevant authority that justifies relief? 5) After the Superior Court of Alameda County denied my Motion to Punish on the basis that I didn’t cite

Docket Entries

2021-04-19
Rehearing DENIED.
2021-03-24
DISTRIBUTED for Conference of 4/16/2021.
2021-02-05
2021-01-11
Petition DENIED.
2020-12-16
DISTRIBUTED for Conference of 1/8/2021.
2020-12-01
Waiver of right of respondent Alameda Health System to respond filed.
2020-10-13
Petition for a writ of certiorari filed. (Response due December 7, 2020)

Attorneys

Alameda Health System
Timothy C. TravelsteadNarayan Travelstead, P.C., Respondent
Timothy C. TravelsteadNarayan Travelstead, P.C., Respondent
Tatyana E. Drevaleva
Tatyana E. Drevaleva — Petitioner
Tatyana E. Drevaleva — Petitioner