DATE: November 28, 2023
TO: Board of Supervisors
SUBMITTED BY: Hollis Magill, Director of Human Resources
SUBJECT: Resolutions Rejecting Claims for Damages and Rejecting 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 Recommended for Rejection
Claim No.: Claimant(s)
10930 Lance Pehrson
10933 Raymond Rico
10934 Rocio Ramirez Romero and Luiz Pablo Valenzuela Ramirez
10937 Archie Parks
10938 Richard Castrillo and Eliana Gonzalez
10939 Lim Monterey
10944 Maria Mejia
10953 Diana Sedano
Application for Leave to Present a Late Claim
Claim No.: Claimant
10855 CSAA Insurance as subrogee of Gao Moua
Summary of Claims Recommended for Rejection
Lance Pehrson- Claimant claims $2,000,000 and alleges defamation and malicious prosecution by a District Attorney employee, which was the proximate cause of claimant’s injuries. Claimant is not represented by an attorney. This incident is alleged to have occurred in District 3.
Raymond Rico - Claimant claims in excess of $1,000,000 and alleges they were a passenger in a Contigo Transportation Services vehicle when the driver rearended another vehicle, which was the proximate cause of the claimant’s injuries. Claimant is represented Wilshire Law Firm. This incident does not involve the County of Fresno because it is alleged to involve Contigo Transportation Services which is not owned, operated, or contracted by the County of Fresno.
Rocio Ramirez Romero and Luiz Pablo Valenzuela Ramirez - Claimants claim in excess of $25,000 (the jurisdictional amount for limited civil cases) and allege that the traffic signals at the intersection of Fresno St. and Van Ness Ave. were inoperable which resulted in the claimants being hit by another vehicle, which was the proximate cause of the claimants’ injuries. Claimants are represented by attorney Malek Shraibati. This incident does not involve the County of Fresno because it is alleged to have occurred in the City of Fresno.
Archie Parks - Claimant claims in excess of $25,000 (the jurisdictional amount for limited civil cases) and alleges correctional officers or other County Jail employees attacked him, which was the proximate cause of the claimant’s injuries. Claimant is represented by attorney James Parks. This incident is alleged to have occurred in District 3.
Richard Castrillo and Eliana Gonzalez - Claimants claim in excess of $25,000 (the jurisdictional amount for limited civil cases) and allege the wrongful shooting of claimant Richard Castrillo, which was the proximate cause of the claimants’ injuries. Claimants are represented by attorney Mark Algorri. This incident does not involve the County of Fresno because it is alleged to have involved the Fresno Police Department.
Lim Monterey - Claimant claims in excess of $25,000 (the jurisdictional amount for limited civil cases) and alleges a hazardous condition of the crosswalk at the intersection of Shaw and Hughes avenues resulted in a trip and fall, which was the proximate cause of the claimant’s injuries. Claimant is represented by attorney Timothy Mazzella. This incident does not involve the County of Fresno because it is alleged to have occurred in the City of Fresno.
Maria Mejia - Claimant claims $100,000,000 and alleges a hazardous condition of crosswalk at or near 1931 6th Street Mendota, CA resulted in a trip and fall, 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 occurred in the City of Mendota.
Diana Sedano - Claimant claims in excess of $25,000 (the jurisdictional amount for limited civil cases) and alleges a FAX bus driver failed to secure her wheelchair properly and failed to operate the bus in a safe manner resulting in the claimant falling out of their wheelchair, which was the proximate cause of the claimant’s injuries. Claimant is represented by attorney Marcelis Morris. This incident does not involve the County of Fresno because it is alleged to have involved the City of Fresno.
Summary of Application for Leave to Present a Late Claim
CSAA Insurance as subrogee of Gao Moua - Claimant claims $8,647.29 and alleges a Sheriff deputy rearended them, which was the proximate cause of the claimant’s damages. Claimant alleges mistake, inadvertence, surprise and excusable neglect as the police report was no available until September 2023 and there was no information available on the involved vehicle. The claim was submitted 8 months past the date of loss. Claimant is not represented by an attorney. This incident is alleged to have occurred in District 3.
ATTACHMENTS INCLUDED AND/OR ON FILE:
On file with Clerk - Resolutions (9)
CAO ANALYST:
Paige Benavides