DATE: August 6, 2024
TO: Board of Supervisors
SUBMITTED BY: Hollis Magill, Director of Human Resources
SUBJECT: Resolutions Rejecting Claims for Damages and Rejecting Application for Leave to Present a Late Claim
RECOMMENDED ACTION(S):
TITLE
1. Adopt Resolutions Rejecting Claims for Damages; and
2. Adopt Resolution Rejecting Application for Leave to Present a Late Claim
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.
Claims
Claim No.: Claimant(s)
11111 Algenonn Matlock
11164 Mark Blanton
11166 Joseph Alvarado
11167 Anthony Orona
11171 Felix Lomeli Villa
11172 Matthew Seagraves
11173 Erika Garcia
11174 Chandra Berry
11179 Herminia Orozco Serna
11182 Kourtney Westfall and Justin Westfall
11185 Paola Ramos Ramirez
11188 Elizabeth Mitchell
Application for Leave to Present a Late Claim for Damages
Claim No.: Claimant
11074 Maria Arellano Bravo
Summary of Claims
Algenonn Matlock - Claimant claims $5,000,000 and alleges Sheriff deputies violated his civil rights by falsely accusing him of having a firearm and detaining his family for 12 hours, 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.
Mark Blanton - Claimant claims in excess of $35,000 (the jurisdictional amount for limited civil cases) and alleges a Sheriff deputy failed to terminate a pursuit that led to a third party hitting the vehicle of Mr. Blanton’s wife and resulted in her death, which was the proximate cause of the claimant’s injuries. Claimant is represented by attorney Kristen Cary. This incident is alleged to have occurred in District 4.
Joseph Alvarado - Claimant claims $1,000,000 and alleges while riding their bicycle, a pothole on the road caused them to crash, which was the proximate cause of the claimant’s injuries. Claimant is represented by law firm Bauman Law. This incident does not involve the County of Fresno because it is alleged to have occurred in the City of Fresno.
Anthony Orona - Claimant claims $400,000 and alleges while he was an incarcerated person at the Fresno County Jail, he was deprived the right to exercise religion as he was denied his Passover meals, 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.
Felix Lomeli Villa - Claimant claims in excess of $35,000 (the jurisdictional amount for limited civil cases) and alleges law enforcement was in a vehicle pursuit when the third party ran a red light and struck the claimant’s vehicle, which was the proximate cause of the claimant’s injuries. Claimant is represented by Malek Shraibati. This incident does not involve the County of Fresno because it is alleged to have involved the City of Clovis Police Department.
Matthew Seagraves - Claimant claims in excess of $35,000 (the jurisdictional amount for limited civil cases) and alleges he was wrongfully detained for a police investigation he has no involvement in, 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 the City of Fresno Police Department.
Erika Garcia - Claimant, which is the estate of decedent Erika Garcia, claims $1,000,000 and alleges the lack of proper lighting at the intersection of Mount Whitney Avenue and Bryan Avenue in Riverdale caused the death of Erika Garcia who was struck by a vehicle as she walked along the street, which was the proximate cause of the claimants’ injuries. Claimant is represented by attorney Mark Castro. This incident is alleged to have occurred in District 4.
Chandra Berry - Claimant claims $2,000,000 and alleges a hazardous condition of a sidewalk near a ramp located at Fowler High School resulted in a trip and fall, which was the proximate cause of the claimant’s injuries. Claimant is represented by attorney Sharona Hakim. This incident does not involve the County of Fresno because it is alleged to have occurred in the jurisdiction of the Fowler Unified School District.
Herminia Orozco Serna - Claimant claims $1,000,000 and alleges they fell into a deep hole at or near 809 N. Harrison Avenue, Fresno CA 93728, which was the proximate cause of the claimant’s injuries. Claimant is represented by law firm Bauman Law. This incident does not involve the County of Fresno because it is alleged to have occurred in the City of Fresno.
Kourtney Westfall and Justin Westfall - Claimants each claim in excess of $35,000 (the jurisdictional amount for limited civil cases) and they allege while Kourtney Westfall was walking to her vehicle a hazardous condition of the parking lot at Viking Elementary School resulted in a trip and fall, which was the proximate cause of the claimant’s injuries. Claimant Justin Westfall alleges loss of consortium due to the alleged injury to claimant Kourtney Westfall, who is his wife. Claimants are represented by attorney Robert Ounjian. This incident does not involve the County of Fresno because it is alleged to have occurred in the jurisdiction of the Fresno Unified School District.
Paola Ramos Ramirez - Claimant claims in excess of $35,000 (the jurisdictional amount for limited civil cases) and alleges they were attacked by multiple unleashed dogs at or near 1454 N. Locan Avenue, Clovis CA 93619, which was the proximate cause of the claimant’s injuries. Claimant is represented by Daniel Geoulla. This incident does not involve the County of Fresno because it is alleged to have occurred in the City of Clovis.
Elizabeth Mitchell - Claimant claims $1,000,000 and alleges a flight attendant did not properly secure her wheelchair on the boarding bridge and caused her to fall out of her wheelchair, which was proximate cause of the claimant’s injuries. Claimant is represented by Lior Behdadnia. This incident does not involve the County of Fresno because the County does not own or operate Fresno Air Terminal.
Summary of Application for Leave to Present a Late Claim
Maria Arellano Bravo - Claimant claims $250,000 and alleges a police officer was in a vehicle pursuit and a third party collided into the claimant’s vehicle at the intersection of Cornelia Ave on State Route 180, which was the proximate cause of the claimant’s injuries. The claim was submitted a year after the date of loss. The CRC recommends that this late claim application be rejected on the basis it is not County’s jurisdiction and 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 represented by attorney Tatevik Gasparyan. This incident does not involve the County of Fresno because it is alleged to have involved the City of Fresno Police Department.
ATTACHMENTS INCLUDED AND/OR ON FILE:
On file with Clerk - Resolutions Rejecting Claims for Damages (12)
On file with Clerk - Resolution Rejecting Late Claim for Damages
CAO ANALYST:
Salvador Espino