DATE: January 23, 2024
TO: Board of Supervisors
SUBMITTED BY: Hollis Magill, Director of Human Resources
SUBJECT: Resolutions Rejecting Claims for Damages
RECOMMENDED ACTION(S):
TITLE
Adopt Resolutions Rejecting Claims for Damages
REPORT
There is no increase in Net County Cost associated with the recommended actions. After evaluation by the Claims Review Committee, 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 Claims Review Committee’s recommendations, and instead direct staff to allow, compromise, settle, or further investigate the claim.
FISCAL IMPACT:
There is no increase in Net County Cost 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. 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 Claims Review Committee (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.
Claim No.: Claimant(s)
10973 Michael Dilleshaw
10987 Balbir Kaur and Mini Hanspal
10990 Ubaid Gibson
10993 Kimberly Perez, Fatima Perez, Grizelda Flores Bernardino and Fredy Perez Garcia
10995 David Webster
10997 A Minor
11005 Algenonn Matlock
11006 Ceariaco Dixon
11008 Algenonn Matlock
Summary of Claims
Michael Dilleshaw - Claimant claims in excess of $100,000 and alleges sheriff deputies did not explain why they were at the claimant’s property and were negligent, falsely imprisoned and assaulted the claimant and inflicted emotional distress, which was the proximate cause of claimant’s injuries. Claimant is represented by attorney Stanley Goff. This incident is alleged to have occurred in District 2.
Balbir Kaur and Mini Haspal - Claimants each claim $20,000,000 and allege a hazardous condition on Millerton Road west of Winchell Cove Road caused a two-vehicle accident that led to the death of the claimants’ two family members, which was the proximate cause of the claimants’ injuries. Claimants are represented by attorney Amar Shergill. This incident is alleged to have occurred in District 5.
Ubaid Gibson - Claimant claims in excess of $25,000 (the jurisdictional amount for limited civil cases) and alleges a hazardous condition of road on the I5 near Hudson Avenue resulted in a traffic accident, which was the proximate cause of the claimant’s injuries. Claimant is represented by attorney Kenny Ramirez. This incident does not involve the County of Fresno because it is alleged to have occurred in the jurisdiction of Caltrans.
Kimberly Perez, Fatima Perez, Grizelda Flores Bernardino and Fredy Perez Garcia - Claimants each claim in excess of $25,000 (the jurisdictional amount for limited civil cases) and allege traffic lights at the intersection of N. Buttonwillow and E. Manning avenues in Reedley, CA were non-operational resulting in an auto accident, which was the proximate cause of the claimants’ injuries. Claimants are represented by attorney Daniel Geoulla. This incident does not involve the County of Fresno because it is alleged to have occurred in the City of Reedley.
David Webster - Claimant claims in excess of $25,000 (the jurisdictional amount for limited civil cases) and allege an employee of Fresno Mosquito & Vector Control District was driving and collided with claimant’s vehicle that was stopped at an intersection, which was the proximate cause of the claimants’ injuries. Claimants are represented by attorney Jesse Fretwell. This incident does not involve the County of Fresno because it is alleged to have involved the Fresno Mosquito & Vector Control District.
A Minor - Claimant claims in excess of $25,000 (the jurisdictional amount for limited civil cases) and alleges they were sexually assaulted at Tenaya Middle School resulting in fear, trauma and is unable to return to school, which was the proximate cause of the claimant’s injuries. Claimant is represented by law firm Downtown LA Law Group. This incident does not involve the County of Fresno because it is alleged to have involved Fresno Unified School District.
Algenonn Matlock - Claimant claims $1,000,000 and alleges Sheriff deputies failed to keep his family safe and perform a proper investigation of the person who assaulted them with bear spray, 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 5.
Ceariaco Dixon - Claimant claims in excess of $25,000 (the jurisdictional amount for limited civil cases) and alleges the jail staff failed to accommodate his disabilities resulting in anxiety and humiliation, 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 3.
Algenonn Matlock - Claimant claims $1,000,000 and alleges sheriff deputies violated his civil rights and received a lifetime ban from Dollar General, 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 5.
ATTACHMENTS INCLUDED AND/OR ON FILE:
On file with Clerk - Resolutions (9)
CAO ANALYST:
Salvador Espino