DATE: August 19, 2025
TO: Board of Supervisors
SUBMITTED BY: Peter Wall, Interim County Counsel
SUBJECT: Stipulation for Entry of Judgment with the Property Owner of 4931 S. Buttonwillow Avenue
RECOMMENDED ACTION(S):
TITLE
Approve and authorize Chairman to execute Stipulation for Entry of Judgment and Order Thereon with defendant Samuel Cobian-Gomez, the property owner of 4931 S. Buttonwillow Avenue, Reedley, California 93654, for issuance of a permanent injunction to prohibit the property owner from holding weddings and commercial events on the property and payment by Mr. Cobian-Gomez of a monetary award in the amount of $7,000.
REPORT
Approval of the recommended Stipulation for Entry of Judgment will resolve the code enforcement litigation in County of Fresno, et al. v Samuel Cobian-Gomez., Fresno County Superior Court Case number 24CECG03722, against Mr. Cobian-Gomez as the property owner of 4931 S. Buttonwillow Avenue, Reedley, California 93654. This item pertains to a location in District 4.
ALTERNATIVE ACTION(S):
There are no viable alternative actions. The recommended action finalizes the resolution of this litigation through execution of the Stipulation for Entry of Judgment on behalf of the County. If your Board does not approve the recommended action, the County will be forced to further litigate and attempt to obtain judgment on terms similar to the Stipulation for Entry of Judgment.
FISCAL IMPACT:
There is no increase in Net County Cost associated with the recommended action.
DISCUSSION:
In October 2022, County Code Enforcement staff opened a violation file for 4931 S. Buttonwillow Avenue, Reedley, California 93654, regarding the unlawful weddings and events held at the property by Mr. Cobian-Gomez. The property is zoned Exclusive Agricultural.
On July 9, 2024, the Board authorized this Office to file a complaint for injunctive relief to abate ordinance code and zoning code violations as a public nuisance, and to demand Mr. Cobian-Gomez cease holding weddings and events and operating a commercial event center at the property, to seek permits or remove unpermitted structures, and impose civil penalties under the Unfair Competition Law.
County Code Enforcement staff confirmed that Mr. Cobian-Gomez stopped holding events at the property since September 4, 2024.
The recommended Stipulation for Entry of Judgment imposes a prohibitory injunction and judgment against Mr. Cobian-Gomez as follows: (1) Mr. Cobian-Gomez is prohibited from holding events at the property unless and until he obtains the necessary land use approvals; (2) Mr. Cobian-Gomez authorizes County Code Enforcement officers and Fresno County Sheriff’s deputies to enter the property and clear out all guests for any commercial events held in violation of the judgment; (3) the County requires Mr. Cobian-Gomez to seek permits or remove all unpermitted structures on the property within 90 days of a final decision on his pending Conditional Use Permit application; (4) Mr. Cobian-Gomez authorizes County staff and the County’s hired contractor to enter the property and abate any remaining unpermitted structures after the expiration of the 90-day cure period; (5) the County may a impose a special assessment on the property for any abatement costs incurred to remove any remaining unpermitted structures; (6) Mr. Cobian-Gomez to pay a monetary award of $7,000 to be paid in seven installments of $1,000, with the first $1,000 to be paid within 30 days of service of the notice of entry of judgment, and subsequent payments of $1,000 made every 30 days thereafter; and (7) the parties agree to a mutual waiver of costs and fees.
In exchange for this consensual judgment, the County would waive its costs and attorney’s fees. This resolution is advantageous to the County because it achieves the desired result of the litigation without the need to continue to incur additional litigation costs.
ATTACHMENTS INCLUDED AND/OR ON FILE:
On file with Clerk - Stipulation for Entry of Judgment and Order Thereon
CAO ANALYST:
Amy Ryals