DATE: May 6, 2025
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 action. 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.
Claims
Claim No.: Claimant(s)
11326 Camerino Rodriguez Herrera
11354 Juan De Dios Castro Orduno and Maria Del Carmen Pulido Ramirez
11375 Cipriano Pineda
11389 Nationwide Mutual Ins. aso Robert Close and Margaret Close
11391 Paul Rodriguez and Gloria Amparano
11392 Zograb Tsolokian and Rhett Nelson
11393 Lue Yang and Sor Xiong
11395 Cheryl West
11397 Traci Gallian
11400 Josephine Paraguas
Summary of Claims
Camerino Rodriguez Herrera - Claimant claims in excess of $35,000 (the jurisdictional amount for limited civil cases) and alleges a County of Fresno employee failed to stop at a red light and collided with his vehicle, which was the proximate cause of the claimant’s injuries. Claimant is represented by attorney Scott VanWagenen. This incident is alleged to have occurred in District 4.
Juan De Dios Castro Orduno and Maria Del Carmen Pulido Ramirez - Claimants each claim an amount in excess of $20,000,000 and allege a police officer collided into their vehicle, which was the proximate cause of the claimants’ injuries. Claimants are represented by attorney Jonathan Garcia. This incident does not involve the County of Fresno because the alleged police officer involved is not a County of Fresno employee.
Cipriano Pineda - Claimant claims an unspecified amount and alleges he was being transported in a Noble Care Transportation Inc. vehicle and the vehicle was rear-ended at a red light, which was the proximate cause of the claimant’s injuries. Claimant is represented by attorney Joseph Hernandez. This incident does not involve the County of Fresno because the County does not own or operate Noble Care Transportation Inc.
Nationwide Mutual Ins. aso Robert Close and Margaret Close - Claimant claims $73,841.07 and alleges Riverdale Public Utility District had to shut off the water at their property due to a broken fire hydrant and when the water was turned back on, the water pressure caused a leak in their home, which was the proximate cause of the claimant’s injuries. Claimant is not represented by an attorney. This incident does not involve the County of Fresno because it is alleged to have involved Riverdale Public Utility District.
Paul Rodriguez and Gloria Amparano - Claimants each claim in excess of $35,000 (the jurisdictional amount for limited civil cases) and they allege a Fresno City Police Department vehicle was driving on the wrong side of the parking aisle and collided into their vehicle, which was the proximate cause of the claimants’ injuries. Claimant Gloria Amparano alleges she was a passenger in the vehicle. Claimants are represented by attorney Eric Gutierrez. This incident does not involve the County of Fresno because it is alleged to have involved City of Fresno Police Department.
Zograb Tsolokian and Rhett Nelson - Claimants each claim in excess of $35,000 (the jurisdictional amount for limited civil cases) and allege their vehicle was rear-ended by multiple vehicles including a County of Fresno employee, which was the proximate cause of the claimants’ injuries. Claimant Rhett Nelson alleges he was a passenger in the vehicle. Claimants are represented by attorney Jason Bell. This incident is alleged to have occurred in District 3.
Lue Yang and Sor Xiong - Claimants each claim in excess of $35,000 (the jurisdictional amount for limited civil cases) and they allege the death of their two daughters was caused by Fresno County Sheriff Department who was in a high-speed vehicle pursuit with a third-party vehicle that crashed into their home, which was the proximate cause of the claimants’ injuries. Claimants are represented by an unspecified attorney. This incident is alleged to have occurred in District 3.
Cheryl West - Claimant claims $26,000,000 and alleges Fresno County inaccurately recorded charges on her criminal record, 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.
Traci Gallian - Claimant claims in excess of $35,000 (the jurisdictional amount for limited civil cases) and alleges a hazardous condition of a sidewalk at or near 7150 N. Maple Avenue, Fresno CA 93720, resulted in a trip and fall, which was the proximate cause of the claimant’s injuries. Claimant is represented by attorney Freddy De Jesus Ramirez. This incident does not involve the County of Fresno because it is alleged to have occurred in the jurisdiction of the City of Fresno.
Josephine Paraguas - Claimant claims an amount in excess of $275,000 and alleges a hazardous condition of a sidewalk at or near 1526 Manning Avenue, Fresno CA 93720, resulted in a trip and fall, which was the proximate cause of the claimant’s injuries. Claimant is represented by attorney Suzanna Abrahamian. This incident does not involve the County of Fresno because it is alleged to have occurred in the jurisdiction of the City of Reedley.
ATTACHMENTS INCLUDED AND/OR ON FILE:
On file with Clerk - Resolutions Rejecting Claims for Damages (10)
CAO ANALYST:
Paige Benavides