997. The Legislature finds and declares that, in order to aid the
victims of the collapse of the San Francisco-Oakland Bay Bridge and
the I-880 Cypress structure caused by the October 17, 1989,
earthquake, it is necessary to create a special fund for payment of
personal property, personal injury, and death claims arising from
that disaster.
It is the purpose of this part to compensate personal injury or
death victims of the Bay Bridge and I-880 Cypress structure collapse
without regard to legal liability, fault, or responsibility, and
without the necessity of litigation against the State of California
or its agencies, officers, or employees. It is the further intent of
the Legislature that all valid claims shall be paid fairly and
promptly. Nothing in this part shall be construed as an admission of
legal liability, responsibility, or fault on the part of the State of
California or any of its agencies, officers or employees.
997.1. (a) Any person may file an application with the California
Victim Compensation and Government Claims Board for compensation
based on personal property loss, personal injury, or death, including
noneconomic loss, arising from the Bay Bridge or I-880 Cypress
structure collapse caused by the October 17, 1989, earthquake. Any
application made pursuant to this section shall be presented to the
board no later than April 18, 1990, on forms prescribed and provided
by the board, except that a late claim may be presented to the board
pursuant to the procedure specified by Section 911.4. Each presented
application shall be verified under penalty of perjury and shall
contain all of the following information:
(1) The name of the injured party or in the event of loss of life,
the name and age of the decedent and the names and ages of heirs as
defined in subdivision (b) of Section 377 of the Code of Civil
Procedure.
(2) An authorization permitting the board to obtain relevant
medical and employment records.
(3) A brief statement describing when, where, and how the injury
or death occurred.
(4) A statement as to whether the applicant wishes to apply for
emergency relief provided pursuant to Section 997.2.
(b) Upon receipt of an application, the board shall evaluate the
application and may require the applicant to submit additional
information or documents that are necessary to verify and evaluate
the application. The board shall resolve an application within six
months from the date of presentation of the application unless this
period of time is extended by mutual agreement between the board and
the applicant. Any application that is not resolved within this
resolution period shall be deemed denied.
(c) Following resolution of an application, if the applicant
desires to pursue additional remedies otherwise provided by this
division, the applicant shall file a court action within six months
of the mailing date of the board's rejection or denial of the
application or the applicant's rejection of the board's offer.
(d) Any claim pursuant to Part 3 (commencing with Section 900)
made before or after the effective date of this part for personal
property loss, personal injury, or death resulting from the collapse
of the Bay Bridge or the I-880 Cypress structure against the State of
California, its agencies, officers, or employees, shall be deemed to
be an application under this part and subject to the provisions set
forth in this part. Additionally, any application made pursuant to
this part shall be deemed to be in compliance with Part 3 (commencing
with Section 900).
(e) Notwithstanding any other provision of law, resolution of
applications pursuant to the provisions of this part is a condition
precedent to the filing of any action for personal property loss,
personal injury, or death resulting from the collapse of the Bay
Bridge or the I-880 Cypress structure in any court of the State of
California against the State of California, its agencies, officers,
or employees. Any suit filed by an applicant in any court of this
state against the State of California or its agencies, officers, or
employees shall be stayed pending resolution of the application.
997.2. The application of any individual who was injured as a
result of the collapse of the Bay Bridge or I-880 Cypress structure
caused by the October 17, 1989, earthquake, and any surviving spouse,
child, dependent adult offspring, or dependent parent of any
individual killed as a result of that collapse, may include a request
for emergency payment. Upon the determination that the applicant is
eligible, the board or its designee shall award emergency payments in
the following amounts:
Death of spouse $50,000
Death of parent by dependent $50,000
minor
Death of parent by dependent $50,000
adult offspring
Death of adult offspring by $25,000
dependent parent
Death of dependent minor $25,000
Loss of income and medical
expenses incurred up to $25,000
by injured person
The maximum award to members of an immediate family pursuant to
this section based on any one death shall not exceed two hundred
thousand dollars ($200,000). If the aggregate amount of individual
payments for members of an immediate family pursuant to this section
would otherwise exceed this amount, each individual shall share in
this maximum amount proportionately.
Payments made pursuant to this section shall constitute an offset
against any amounts received under Section 997.3 as well as any
amount which may be received from the state as a result of litigation
in the courts of this state. Payments made pursuant to this section
shall not constitute an admission of liability nor be admissible as
evidence in any court action.
No attorney or other representative shall accept any fee or other
compensation for representing any applicant under Section 997.2
unless the compensation is authorized by a superior court upon a
finding of exceptional circumstances.
997.3. (a) If the board determines that an applicant pursuant to
this part is eligible for compensation, and upon receipt of all
information it deems necessary to evaluate the applicant's loss, the
board shall make an offer in an amount it deems to be just
compensation, subject to the approval of the Director of Finance. The
board shall appoint a person to facilitate the settlement process
provided in this section, provided that the presiding judge of the
Alameda County Superior Court may reject any appointment within 30
days of notice of the appointment.
(b) The offer shall be made to the applicant in writing who shall
either accept or reject the offer in writing within 30 days of
receipt thereof. Failure to respond to the offer shall be deemed a
rejection. If the applicant accepts the offer, all other legal
remedies are waived as against the State of California and its
agencies, officers, and employees. If the applicant rejects the
offer, all other legal remedies may be pursued against the State of
California or its agencies, officers, or employees as otherwise
provided in this division.
997.4. For the purpose of computing the time limits applicable to
the date of the accrual of a cause of action against any party, other
than the State of California, to a court action related to the facts
giving rise to a claim subject to this part, the date of accrual of
a cause of action shall be deemed to be the mailing date of the board'
s rejection or denial of an application or the applicant's rejection
of an offer, notwithstanding any other date of accrual that might
otherwise have been applicable.
997.5. There is hereby created within the State Treasury the San
Francisco-Oakland Bay Bridge and I-880 Cypress Structure Disaster
Fund for the purpose of paying, pursuant to this part, personal
property, personal injury, and death claims against the State of
California or its agencies, officers, or employees, arising from the
collapse of the San Francisco-Oakland Bay Bridge and the I-880
Cypress structure on October 17, 1989. Notwithstanding Section 13440,
moneys in the fund are continuously appropriated to the Department
of Finance without regard to fiscal years for the purpose of paying
awards made pursuant to this part.
997.6. The board may adopt regulations pursuant to Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 to
implement this part. The adoption of the regulations shall be deemed
to be an emergency and necessary for the immediate preservation of
the public peace, health and safety, or general welfare.
Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2, regulations adopted by the office in order
to implement this section shall not be subject to the review and
approval of the Office of Administrative Law. These regulations shall
become effective immediately upon filing with the Secretary of
State.
997. The Legislature finds and declares that, in order to aid the
victims of the collapse of the San Francisco-Oakland Bay Bridge and
the I-880 Cypress structure caused by the October 17, 1989,
earthquake, it is necessary to create a special fund for payment of
personal property, personal injury, and death claims arising from
that disaster.
It is the purpose of this part to compensate personal injury or
death victims of the Bay Bridge and I-880 Cypress structure collapse
without regard to legal liability, fault, or responsibility, and
without the necessity of litigation against the State of California
or its agencies, officers, or employees. It is the further intent of
the Legislature that all valid claims shall be paid fairly and
promptly. Nothing in this part shall be construed as an admission of
legal liability, responsibility, or fault on the part of the State of
California or any of its agencies, officers or employees.
997.1. (a) Any person may file an application with the California
Victim Compensation and Government Claims Board for compensation
based on personal property loss, personal injury, or death, including
noneconomic loss, arising from the Bay Bridge or I-880 Cypress
structure collapse caused by the October 17, 1989, earthquake. Any
application made pursuant to this section shall be presented to the
board no later than April 18, 1990, on forms prescribed and provided
by the board, except that a late claim may be presented to the board
pursuant to the procedure specified by Section 911.4. Each presented
application shall be verified under penalty of perjury and shall
contain all of the following information:
(1) The name of the injured party or in the event of loss of life,
the name and age of the decedent and the names and ages of heirs as
defined in subdivision (b) of Section 377 of the Code of Civil
Procedure.
(2) An authorization permitting the board to obtain relevant
medical and employment records.
(3) A brief statement describing when, where, and how the injury
or death occurred.
(4) A statement as to whether the applicant wishes to apply for
emergency relief provided pursuant to Section 997.2.
(b) Upon receipt of an application, the board shall evaluate the
application and may require the applicant to submit additional
information or documents that are necessary to verify and evaluate
the application. The board shall resolve an application within six
months from the date of presentation of the application unless this
period of time is extended by mutual agreement between the board and
the applicant. Any application that is not resolved within this
resolution period shall be deemed denied.
(c) Following resolution of an application, if the applicant
desires to pursue additional remedies otherwise provided by this
division, the applicant shall file a court action within six months
of the mailing date of the board's rejection or denial of the
application or the applicant's rejection of the board's offer.
(d) Any claim pursuant to Part 3 (commencing with Section 900)
made before or after the effective date of this part for personal
property loss, personal injury, or death resulting from the collapse
of the Bay Bridge or the I-880 Cypress structure against the State of
California, its agencies, officers, or employees, shall be deemed to
be an application under this part and subject to the provisions set
forth in this part. Additionally, any application made pursuant to
this part shall be deemed to be in compliance with Part 3 (commencing
with Section 900).
(e) Notwithstanding any other provision of law, resolution of
applications pursuant to the provisions of this part is a condition
precedent to the filing of any action for personal property loss,
personal injury, or death resulting from the collapse of the Bay
Bridge or the I-880 Cypress structure in any court of the State of
California against the State of California, its agencies, officers,
or employees. Any suit filed by an applicant in any court of this
state against the State of California or its agencies, officers, or
employees shall be stayed pending resolution of the application.
997.2. The application of any individual who was injured as a
result of the collapse of the Bay Bridge or I-880 Cypress structure
caused by the October 17, 1989, earthquake, and any surviving spouse,
child, dependent adult offspring, or dependent parent of any
individual killed as a result of that collapse, may include a request
for emergency payment. Upon the determination that the applicant is
eligible, the board or its designee shall award emergency payments in
the following amounts:
Death of spouse $50,000
Death of parent by dependent $50,000
minor
Death of parent by dependent $50,000
adult offspring
Death of adult offspring by $25,000
dependent parent
Death of dependent minor $25,000
Loss of income and medical
expenses incurred up to $25,000
by injured person
The maximum award to members of an immediate family pursuant to
this section based on any one death shall not exceed two hundred
thousand dollars ($200,000). If the aggregate amount of individual
payments for members of an immediate family pursuant to this section
would otherwise exceed this amount, each individual shall share in
this maximum amount proportionately.
Payments made pursuant to this section shall constitute an offset
against any amounts received under Section 997.3 as well as any
amount which may be received from the state as a result of litigation
in the courts of this state. Payments made pursuant to this section
shall not constitute an admission of liability nor be admissible as
evidence in any court action.
No attorney or other representative shall accept any fee or other
compensation for representing any applicant under Section 997.2
unless the compensation is authorized by a superior court upon a
finding of exceptional circumstances.
997.3. (a) If the board determines that an applicant pursuant to
this part is eligible for compensation, and upon receipt of all
information it deems necessary to evaluate the applicant's loss, the
board shall make an offer in an amount it deems to be just
compensation, subject to the approval of the Director of Finance. The
board shall appoint a person to facilitate the settlement process
provided in this section, provided that the presiding judge of the
Alameda County Superior Court may reject any appointment within 30
days of notice of the appointment.
(b) The offer shall be made to the applicant in writing who shall
either accept or reject the offer in writing within 30 days of
receipt thereof. Failure to respond to the offer shall be deemed a
rejection. If the applicant accepts the offer, all other legal
remedies are waived as against the State of California and its
agencies, officers, and employees. If the applicant rejects the
offer, all other legal remedies may be pursued against the State of
California or its agencies, officers, or employees as otherwise
provided in this division.
997.4. For the purpose of computing the time limits applicable to
the date of the accrual of a cause of action against any party, other
than the State of California, to a court action related to the facts
giving rise to a claim subject to this part, the date of accrual of
a cause of action shall be deemed to be the mailing date of the board'
s rejection or denial of an application or the applicant's rejection
of an offer, notwithstanding any other date of accrual that might
otherwise have been applicable.
997.5. There is hereby created within the State Treasury the San
Francisco-Oakland Bay Bridge and I-880 Cypress Structure Disaster
Fund for the purpose of paying, pursuant to this part, personal
property, personal injury, and death claims against the State of
California or its agencies, officers, or employees, arising from the
collapse of the San Francisco-Oakland Bay Bridge and the I-880
Cypress structure on October 17, 1989. Notwithstanding Section 13440,
moneys in the fund are continuously appropriated to the Department
of Finance without regard to fiscal years for the purpose of paying
awards made pursuant to this part.
997.6. The board may adopt regulations pursuant to Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 to
implement this part. The adoption of the regulations shall be deemed
to be an emergency and necessary for the immediate preservation of
the public peace, health and safety, or general welfare.
Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2, regulations adopted by the office in order
to implement this section shall not be subject to the review and
approval of the Office of Administrative Law. These regulations shall
become effective immediately upon filing with the Secretary of
State.
997. The Legislature finds and declares that, in order to aid the
victims of the collapse of the San Francisco-Oakland Bay Bridge and
the I-880 Cypress structure caused by the October 17, 1989,
earthquake, it is necessary to create a special fund for payment of
personal property, personal injury, and death claims arising from
that disaster.
It is the purpose of this part to compensate personal injury or
death victims of the Bay Bridge and I-880 Cypress structure collapse
without regard to legal liability, fault, or responsibility, and
without the necessity of litigation against the State of California
or its agencies, officers, or employees. It is the further intent of
the Legislature that all valid claims shall be paid fairly and
promptly. Nothing in this part shall be construed as an admission of
legal liability, responsibility, or fault on the part of the State of
California or any of its agencies, officers or employees.
997.1. (a) Any person may file an application with the California
Victim Compensation and Government Claims Board for compensation
based on personal property loss, personal injury, or death, including
noneconomic loss, arising from the Bay Bridge or I-880 Cypress
structure collapse caused by the October 17, 1989, earthquake. Any
application made pursuant to this section shall be presented to the
board no later than April 18, 1990, on forms prescribed and provided
by the board, except that a late claim may be presented to the board
pursuant to the procedure specified by Section 911.4. Each presented
application shall be verified under penalty of perjury and shall
contain all of the following information:
(1) The name of the injured party or in the event of loss of life,
the name and age of the decedent and the names and ages of heirs as
defined in subdivision (b) of Section 377 of the Code of Civil
Procedure.
(2) An authorization permitting the board to obtain relevant
medical and employment records.
(3) A brief statement describing when, where, and how the injury
or death occurred.
(4) A statement as to whether the applicant wishes to apply for
emergency relief provided pursuant to Section 997.2.
(b) Upon receipt of an application, the board shall evaluate the
application and may require the applicant to submit additional
information or documents that are necessary to verify and evaluate
the application. The board shall resolve an application within six
months from the date of presentation of the application unless this
period of time is extended by mutual agreement between the board and
the applicant. Any application that is not resolved within this
resolution period shall be deemed denied.
(c) Following resolution of an application, if the applicant
desires to pursue additional remedies otherwise provided by this
division, the applicant shall file a court action within six months
of the mailing date of the board's rejection or denial of the
application or the applicant's rejection of the board's offer.
(d) Any claim pursuant to Part 3 (commencing with Section 900)
made before or after the effective date of this part for personal
property loss, personal injury, or death resulting from the collapse
of the Bay Bridge or the I-880 Cypress structure against the State of
California, its agencies, officers, or employees, shall be deemed to
be an application under this part and subject to the provisions set
forth in this part. Additionally, any application made pursuant to
this part shall be deemed to be in compliance with Part 3 (commencing
with Section 900).
(e) Notwithstanding any other provision of law, resolution of
applications pursuant to the provisions of this part is a condition
precedent to the filing of any action for personal property loss,
personal injury, or death resulting from the collapse of the Bay
Bridge or the I-880 Cypress structure in any court of the State of
California against the State of California, its agencies, officers,
or employees. Any suit filed by an applicant in any court of this
state against the State of California or its agencies, officers, or
employees shall be stayed pending resolution of the application.
997.2. The application of any individual who was injured as a
result of the collapse of the Bay Bridge or I-880 Cypress structure
caused by the October 17, 1989, earthquake, and any surviving spouse,
child, dependent adult offspring, or dependent parent of any
individual killed as a result of that collapse, may include a request
for emergency payment. Upon the determination that the applicant is
eligible, the board or its designee shall award emergency payments in
the following amounts:
Death of spouse $50,000
Death of parent by dependent $50,000
minor
Death of parent by dependent $50,000
adult offspring
Death of adult offspring by $25,000
dependent parent
Death of dependent minor $25,000
Loss of income and medical
expenses incurred up to $25,000
by injured person
The maximum award to members of an immediate family pursuant to
this section based on any one death shall not exceed two hundred
thousand dollars ($200,000). If the aggregate amount of individual
payments for members of an immediate family pursuant to this section
would otherwise exceed this amount, each individual shall share in
this maximum amount proportionately.
Payments made pursuant to this section shall constitute an offset
against any amounts received under Section 997.3 as well as any
amount which may be received from the state as a result of litigation
in the courts of this state. Payments made pursuant to this section
shall not constitute an admission of liability nor be admissible as
evidence in any court action.
No attorney or other representative shall accept any fee or other
compensation for representing any applicant under Section 997.2
unless the compensation is authorized by a superior court upon a
finding of exceptional circumstances.
997.3. (a) If the board determines that an applicant pursuant to
this part is eligible for compensation, and upon receipt of all
information it deems necessary to evaluate the applicant's loss, the
board shall make an offer in an amount it deems to be just
compensation, subject to the approval of the Director of Finance. The
board shall appoint a person to facilitate the settlement process
provided in this section, provided that the presiding judge of the
Alameda County Superior Court may reject any appointment within 30
days of notice of the appointment.
(b) The offer shall be made to the applicant in writing who shall
either accept or reject the offer in writing within 30 days of
receipt thereof. Failure to respond to the offer shall be deemed a
rejection. If the applicant accepts the offer, all other legal
remedies are waived as against the State of California and its
agencies, officers, and employees. If the applicant rejects the
offer, all other legal remedies may be pursued against the State of
California or its agencies, officers, or employees as otherwise
provided in this division.
997.4. For the purpose of computing the time limits applicable to
the date of the accrual of a cause of action against any party, other
than the State of California, to a court action related to the facts
giving rise to a claim subject to this part, the date of accrual of
a cause of action shall be deemed to be the mailing date of the board'
s rejection or denial of an application or the applicant's rejection
of an offer, notwithstanding any other date of accrual that might
otherwise have been applicable.
997.5. There is hereby created within the State Treasury the San
Francisco-Oakland Bay Bridge and I-880 Cypress Structure Disaster
Fund for the purpose of paying, pursuant to this part, personal
property, personal injury, and death claims against the State of
California or its agencies, officers, or employees, arising from the
collapse of the San Francisco-Oakland Bay Bridge and the I-880
Cypress structure on October 17, 1989. Notwithstanding Section 13440,
moneys in the fund are continuously appropriated to the Department
of Finance without regard to fiscal years for the purpose of paying
awards made pursuant to this part.
997.6. The board may adopt regulations pursuant to Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 to
implement this part. The adoption of the regulations shall be deemed
to be an emergency and necessary for the immediate preservation of
the public peace, health and safety, or general welfare.
Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2, regulations adopted by the office in order
to implement this section shall not be subject to the review and
approval of the Office of Administrative Law. These regulations shall
become effective immediately upon filing with the Secretary of
State.
