Legislation Details

File #: 26-1192   
On agenda: 11/3/2026 Final action:
Enactment date: Enactment #:
Recommended Action(s)
1. Adopt Resolutions Rejecting Claims for Damages; and 2. Adopt Resolution Denying Application for Leave to Present a Late Claim
Attachments: 1. Agenda Item, 2. On file with Clerk - Resolutions Rejecting Claims for Damages (30), 3. On file with Clerk - Resolution Denying Application for Leave to Present a Late Claim (1)
Date Action ByActionResultAction DetailsAgenda MaterialsVideo
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DATE:                     November 3, 2026

 

TO:                     Board of Supervisors

 

SUBMITTED BY:                     Hollis Magill, Director of Human Resources

 

SUBJECT:                     Resolutions Rejecting Claims for Damages and Denying Application for Leave to Present a Late Claim

 

RECOMMENDED ACTION(S):

TITLE

1. Adopt Resolutions Rejecting Claims for Damages; and

2. Adopt Resolution Denying Application for Leave to Present a Late Claim

REPORT

There is no increase in Net County Cost (NCC) associated with the recommended actions. After evaluation by the Claims Review Committee (CRC), submitted claims are presented to the Board with recommendations for action. If the claim is in the County’s jurisdiction, the Summary of Claims denotes the affected supervisorial district.

 

ALTERNATIVE ACTION:

 

For any claim, your Board could choose not to approve the CRC’s recommendations, and instead direct staff to allow, compromise, settle, or further investigate the claim.

 

FISCAL IMPACT:

 

There is no increase in NCC associated with the recommended actions. Payment of claims and the cost of defending claims are charged to the Department’s Org 8925, Risk Management Internal Services Fund (Fund). The Fund is supported by annual budgetary contributions from County departments based on actuarial projections.

 

DISCUSSION:

 

The Board has delegated authority to the Human Resources Director to allow, reject, compromise, or settle claims for damages covered by the County’s self-insured program or excess liability insurance in amounts up to $50,000 pursuant to Chapter 5.02 of the County’s Ordinance Code. Similarly, the board has delegated authority to the County Administrative Officer to settle or compromise claims up to the same amount. Claims exceeding that amount are referred to your Board after evaluation by the CRC. The CRC considers various claim elements, which include jurisdiction, allocation of fault, immunities, and compliance with the Government Claims Act by claimants. The CRC consists of the Human Resources Director, Assistant Director of Human Resources, Risk Management staff, and a Chief Deputy County Counsel.

 

For all claims, a reserve is established, which is estimated by Risk Management to be sufficient to pay the cost of investigating and defending the claim, and to pay any damages for which the County is liable.

 

After evaluation by the CRC, claims exceeding the authority of the Human Resources Director and the County Administrative Officer are presented to the Board with a recommendation for action on each claim. Upon rejection of a claim, the claimant has six months to file a lawsuit against the County for damages based on the claim.

 

The CRC has reviewed the claims that are summarized briefly below, and rejection is recommended for each claim.

 

Claims

 

Claim No.:                     Claimant(s)

GHC0086911                     City of Fresno

GHC0100257                     Wendy Hicks

GHC0100342                     Julie Perez and Herman Zamora Alvarado

GHC0100579                     Frank Prado and Mayra Prado

GHC0100760                     Custodio Valencia

GHC0101051                     Kiersten Michelle Handorf

GHC0101054                     Kenia Ruiz Suarez

GHC0101057                     Estate of Juliani Moreno, Eloisa Quiroz, and Jose Moreno Pina

GHC0101062                     Jennifer Serna

GHC0101116                     Nicholas Medrano and Ariel Santiago

GHC0101139                     Tommy Clark

GHC0101143                     Adrianna Corona, Antonio Corona Jr., Steven Corona, and Jesse Perez Corona

GHC0101183                     Yamary Herrera

GHC0101514                     Janece Robertson

GHC0101551                     Kandis Protzman

GHC0101552                     Joseph Hernandez

GHC0101614                     No Given Name Sukhdev

GHC0101656                     Aliyah Esponovo and Lisa Maria Acevedo

GHC0101750                     City of Fresno Risk Management and Francisco Cruz

GHC0101752                     Mikel Hernandez and Benjamin Hernandez

GHC0101796                     Maria de Lourdes Montes de Maldonado

GHC0101891                     A Minor

GHC0101971                     Joseph Gonzales

GHC0102003                     Marcos Nanez

GHC0102010                     Sheree Reedy

GHC0102380                     A Minor

GHC0102662                     Allen Juarez

GHC0102666                     Bret Helm

GHC0102754                     Eva Arce, Amalia Arce, and Two Minors

 

  Application for Leave to Present a Late Claim for Damages

 

Claim No.:                      Claimant

GHC0102123                     Anita Hibbler

 

Summary of Claims

 

City of Fresno - Claimant claims in excess of $35,000 (the jurisdictional amount for limited civil cases) and alleges they were served with Plaintiffs Xay Chang and Nao Chang Vang complaint on May 14, 2026, concerning an alleged dangerous condition of E. Belmont and N. Peach Avenues, where inoperable traffic signals allegedly contributed to a vehicle collision, which was the proximate cause of the claimant’s injuries. Claimant City of Fresno is seeking indemnification, contribution, apportionment of fault, and declaratory relief regarding any costs incurred by the City in defending the matter. The County is currently involved in litigation with plaintiffs. The subject intersection falls under the shared jurisdiction of the County and the City, with the City responsible for maintaining the traffic signals. Claimant is represented by Deputy City Attorney Corey Timpson. This incident is alleged to have occurred in District 3. 

 

Wendy Hicks - Claimant claims in excess of $35,000 (the jurisdictional amount for limited civil cases) and alleges she slipped and fell due to excess water on the restroom floor at the Health and Wellness Center, which was the proximate cause of the claimant’s injuries. The Health and Wellness Center is a Department of Behavioral Health facility. Claimant is represented by attorney Benjamin Drake. This incident is alleged to have occurred in District 2.

 

Julie Perez and Herman Zamora Alvarado - Claimants each claim in excess of $35,000 (the jurisdictional amount for limited civil cases) and allege a FAX bus driver failed to park sufficiently close to the curb, causing Michael Trevino Sr. to fall backward as he attempted to board the bus, which was the proximate cause of the claimants’ injuries. Claimants are not represented by an attorney. This incident does not involve the County of Fresno because the County does not own or maintain FAX buses and it does not employ bus drivers.

 

Frank Prado and Mayra Prado - Claimants each claim $30,000 and allege they were both unlawfully detained and that claimant Frank Prado was also unlawfully arrested and transported to the County Jail, which was the proximate cause of the claimants’ injuries. Claimants are represented by attorney Danny Prado. This incident is alleged to have occurred in District 2.

 

Custodio Valencia - Claimant claims in excess of $10,000 and alleges he experienced racial discrimination and unequal treatment by his supervisors and other employees, as well as retaliation for raising concerns regarding workplace conditions and discrimination, which was the proximate cause of the claimant’s injuries. The claimant is a former County employee who worked for the Department of Public Works and Planning. Claimant is not represented by an attorney. This incident is alleged to have occurred in District 1.

 

Kiersten Michelle Handorf - Claimant claims in excess of $10,000 and alleges her managers retaliated against her after she reported a facility operating without required licensing as part of her mandated reporting duties, which was the proximate cause of the claimant’s injuries. The claimant is a County employee and works for the Department of Social Services. Claimant is not represented by an attorney. This incident is alleged to have occurred in District 2.

 

Kenia Ruiz Suarez - Claimant claims in excess of $35,000 (the jurisdictional amount for limited civil cases) and alleges her son collapsed during a supervised physical education class and that the school failed to provide a timely and appropriate response to the medical emergency, resulting in his death, which was the proximate cause of the claimant’s injuries. Claimant is represented by attorney Benjamin Drake. This incident does not involve the County of Fresno because it is alleged to have involved Fresno Unified School District.

 

Estate of Juliani Moreno, Eloisa Quiroz, and Jose Moreno Pina - Claimants each claim in excess of $35,000 (the jurisdictional amount for limited civil cases) and allege the dangerous condition of the intersection at Mendocino Avenue and Parlier Avenue, Parlier CA, caused decedent Juliani Moreno to be struck by a vehicle while he was walking, which was the proximate cause of the claimants’ injuries. Claimants are represented by attorney Jessica Behmanesh. This incident does not involve the County of Fresno because it is alleged to have occurred in the jurisdiction of the City of Parlier.

 

Jennifer Serna - Claimant claims in excess of $35,000 (the jurisdictional amount for limited civil cases) and alleges a Deputy Sheriff engaged in a pattern of unsolicited and unwanted contact with her, which was the proximate cause of the claimant’s injuries. Claimant is represented by attorney Kevin Little. This incident is alleged to have occurred in District 5.

 

Nicholas Medrano and Ariel Santiago - Claimants each claim in excess of $35,000 (the jurisdictional amount for limited civil cases) and allege a Deputy Sheriff rear-ended their vehicle, which was the proximate cause of the claimants’ injuries. Claimants are represented by attorney Frank Nunes. This incident is alleged to have occurred in District 2.

 

Tommy Clark - Claimant claims $5,000,000 and alleges that he was temporarily placed in a Fresno Housing facility where he shared a bedroom with a roommate who obstructed his path to the bathroom with clutter, causing him to fall on multiple occasions, which was the proximate cause of the claimant’s injuries. Claimant is represented by attorney Tyler Kobylinski. This incident does not involve the County of Fresno because it is alleged to have involved Fresno Housing Authority facilities.

 

Adrianna Corona, Antonio Corona Jr., Steven Corona, and Jesse Perez Corona - Claimants each claim in excess of $35,000 (the jurisdictional amount for limited civil cases) and allege that negligence caused a fire that occurred under the bridge on H Street, Fresno CA, resulting in the death of decedent Antonio Corona, which was the proximate cause of the claimants’ injuries. Claimants are represented by attorney Mark Vogt. This incident does not involve the County of Fresno because it is alleged to have occurred in the jurisdiction of the City of Fresno.

 

Yamary Herrera - Claimant claims in excess of $1,500,000 and alleges the hazardous condition of the intersection at or near S. Stanford Avenue and E. Park Circle Dr., Fresno CA, caused her to be in a motor vehicle accident, which was the proximate cause of the claimant’s injuries. Claimant is represented by attorney Armen Derian. This incident is alleged to have occurred in District 5.

 

Janece Robertson - Claimant claims in excess of $1,000,000 and alleges the hazardous condition of the sidewalk at or near 333 S. 7th Street, Fowler CA, caused her to trip and fall, which was the proximate cause of the claimant’s injuries. Claimant is represented by attorney David Azizi. This incident does not involve the County of Fresno because it is alleged to have occurred in the jurisdiction of the City of Fowler.

 

Kandis Protzman - Claimant claims in excess of $35,000 (the jurisdictional amount for limited civil cases) and alleges the traffic control signals were not functioning at or near the intersection of E. Tulare Street and N Maple Avenue, Fresno CA, causing her to be in a motor vehicle accident, which was the proximate cause of the claimant’s injuries. Claimant is represented by attorney Lauren Noriega. This incident does not involve the County of Fresno because it is alleged to have occurred in the jurisdiction of the City of Fresno.

 

Joseph Hernandez - Claimant claims $200,000 and alleges County Jail staff failed to provide him with his custom-made orthopedic shoes necessary to accommodate his permanent leg disability, which was the proximate cause of the claimant’s injuries. Claimant is not represented by an attorney. This incident is alleged to have occurred in District 3.

 

No Given Name Sukhdev - Claimant claims $5,000,000 and alleges he was rear-ended by a Peterbilt garbage truck, which was the proximate cause of the claimant’s injuries. Claimant is represented by attorney Rohan Dosaj. This incident does not involve the County of Fresno because the County does not own or maintain garbage trucks.

 

Aliyah Esponovo and Lisa Maria Acevedo - Claimants each claim in excess of $35,000 (the jurisdictional amount for limited civil cases) and allege they were rear-ended by a Department of Public Works and Planning vehicle at the intersection of E. Cleveland Avenue and N. D Street, Madera CA, which was the proximate cause of the claimant’s injuries. Claimants are not represented by an attorney. This incident is alleged to have occurred in the County of Madera.

 

City of Fresno Risk Management and Francisco Cruz - Claimant City of Fresno Risk Management claims in excess of $35,000 (the jurisdictional amount for limited civil cases) and alleges that a Sheriff vehicle was attempting to catch up to another vehicle for a traffic violation when it collided with their FAX bus, which was the proximate cause of the claimant’s damages. Claimant Francisco Cruz claims in excess of $35,000 (the jurisdictional amount for limited civil cases) and alleges he was a passenger on the FAX bus at the time of the collision and was jolted by the impact, which was the proximate cause of claimant’s injuries. Claimant City of Fresno Risk Management is not represented by an attorney. Claimant Francisco Cruz is represented by attorney Joshua Hernandez. This incident is alleged to have occurred in District 3.

 

Mikel Hernandez and Benjamin Hernandez - Claimants each claim in excess of $35,000 (the jurisdictional amount for limited civil cases) and allege the dangerous condition of the roadway at or near E. McKinley Avenue and State Route 41 Southbound exit, Fresno CA, caused the vehicle occupied by their mother and brother to be struck by another vehicle, causing it to veer off the roadway and into a nearby canal, which was the proximate cause of the claimants’ injuries. Claimants are represented by attorney Benjamin Drake. This incident does not involve the County of Fresno because it is alleged to have occurred in the jurisdiction of City of Fresno.

 

Maria de Lourdes Montes de Maldonado - Claimant claims $100,000 and alleges she was at the Betty Rodriguez Library to attend a class when she tripped over a doorstop, causing her to fall and fracture her left ankle, which was the proximate cause of the claimant’s injuries. Claimant is not represented by an attorney. This incident is alleged to have occurred in District 3.

 

A Minor - Claimant claims $5,000,000 and alleges while participating in dryland exercises for his swim club, another student pushed him, causing him to fall forward and fractured his arm, which was the proximate cause of the claimant’s injuries. Claimant is represented by attorney Nelson Ventura. This incident does not involve the County of Fresno because it is alleged to have occurred in the jurisdiction of Clovis Unified School District.

 

Joseph Gonzales - Claimant claims in excess of $35,000 (the jurisdictional amount for limited civil cases) and alleges while entering the intersection of North Avenue and Cherry Avenue, Fresno CA, a Fresno Police Department vehicle entered the intersection against a red light causing a collision, which was the proximate cause of the claimant’s injuries. Claimant is represented by attorney Nicole Newman. This incident does not involve the County of Fresno because it is alleged to have involved the City of Fresno Police Department.

 

Marcos Nanez - Claimant claims $1,000,000 and alleges when he was crossing the street at the intersection of Belmont Avenue and Fulton Street, Fresno CA, he was struck by a Fresno Police Department vehicle, which was the proximate cause of the claimant’s injuries. Claimant is represented by attorney Pejman Rahnama. This incident does not involve the County of Fresno because it is alleged to have involved the City of Fresno Police Department.

 

Sheree Reedy - Claimant claims in excess of $35,000 (the jurisdictional amount for limited civil cases) and alleges the hazardous condition of the sidewalk at or near 198 E. Elm Avenue, Coalinga CA, caused her to fall, which was the proximate cause of the claimant’s injuries. Claimant is represented by attorney Marc Lazarus. This incident does not involve the County of Fresno because it is alleged to have occurred in the jurisdiction of City of Coalinga.

 

A Minor - Claimant claims $100,000,000 and alleges while she was on the school premises, she was struck by a metal bar that had become dislodged from a door, which was the proximate cause of the claimant’s injuries. Claimant is represented by Downtown LA Law Firm. This incident does not involve the County of Fresno because it is alleged to have occurred in the jurisdiction of Fresno Unified School District.

 

Allen Juarez - Claimant claims in excess of $393,769.79 and alleges he was riding his motorcycle southbound on State Route 99 when he encountered multiple potholes that caused him to be thrown from his motorcycle, which was the proximate cause of the claimant’s injuries. Claimant is represented by attorney Michael Gong. This incident does not involve the County of Fresno because it is alleged to have occurred in the jurisdiction of CalTrans.

 

Bret Helm - Claimant claims $96,214.67 and alleges the County has significantly delayed the disbursement of his inheritance funds from the sale of his grandparent’s home, which was the proximate cause of the claimant’s injuries. Claimant is not represented by an attorney. This incident is alleged to have occurred in District 3.

 

Eva Arce, Amalia Arce, and Two Minors - Claimants each claim in excess of $35,000 (the jurisdictional amount for limited civil cases) and allege they were in a motor vehicle accident with a County vehicle at the intersection of S. Marks Avenue and W. Central Avenue, Fresno CA, which was the proximate cause of the claimants’ injuries. Claimants are represented by attorney Kevin Kalajian. This incident is alleged to have occurred in District 1.

 

Summary of Application for Leave to Present a Late Claim

 

Anita Hibbler - Claimant claims $22,476.82 and alleges she is an IHSS provider and the County withheld her mandatory aid paid pending wages despite her timely filing an appeal, which was the proximate cause of the claimant’s injuries. Claimant alleges the claim is not untimely because she could not file a claim within six months due to the County withholding her mandatory wages. The claim was submitted about nine months after the date of loss. The CRC recommends that this late claim application be denied because the application does not establish any of the criteria set forth in Government Code section 911.6, subdivision (b), for granting such an application. Claimant is not represented by an attorney. This incident is alleged to have occurred in District 5.

 

ATTACHMENTS INCLUDED AND/OR ON FILE:

 

On file with Clerk - Resolutions Rejecting Claims for Damages (30)

On file with Clerk - Resolution Denying Application for Leave to Present a Late Claim (1)

 

CAO ANALYST:

 

Sevag Tateosian