DATE: October 6, 2026
TO: Board of Supervisors
SUBMITTED BY: Hollis Magill, Director of Human Resources
SUBJECT: Resolutions Rejecting Claims for Damages and Denying Applications for Leave to Present a Late Claim
RECOMMENDED ACTION(S):
TITLE
1. Adopt Resolutions Rejecting Claims for Damages; and
2. Adopt Resolutions Denying Applications for Leave to Present a Late Claim
REPORT
There is no increase in Net County Cost (NCC) associated with the recommended actions. After evaluation by the Claims Review Committee (CRC), 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 CRC’s recommendations, and instead direct staff to allow, compromise, settle, or further investigate the claim.
FISCAL IMPACT:
There is no increase in NCC 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 (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 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)
GHC0099749 Jose De Jesus Negrete and Vanessa De Jesus Negrete
GHC0100164 Rosemarie Burks
GHC0100170 Daniel Jimenez
GHC0100336 Mario Sandoval
GHC0100483 Pioquinto Santacruz Pineda
GHC0100550 Asmik Karapatian
GHC0100827 Gurpreet Singh
GHC0100831 Crystal Moran-Torres, Adrian Posada, and Two Minors
GHC0100984 Wendy Espinoza
Application for Leave to Present a Late Claim for Damages
Claim No.: Claimant
GHC0100479 Tony Ortega
GHC0101039 Jose Martinez
Summary of Claims
Jose De Jesus Negrete and Vanessa De Jesus Negrete - Claimant claims in excess of $10,000 and alleges they were traveling westbound at or near the intersection of Belmont Avenue and Chestnut Avenue, Fresno CA, when a bus driver sideswiped their vehicle while turning right, which was the proximate cause of the claimants’ injuries. Claimants are represented by attorney Armen Derian. This incident does not involve the County of Fresno because the County does not own or maintain buses and it does not employ bus drivers.
Rosemarie Burks - Claimant claims $1,000,000 and alleges the dangerous condition of the sidewalk at or near 5525 W. Shaw Avenue, Fresno CA, caused her to trip and fall, which was the proximate cause of the claimant’s injuries. Claimant is represented by attorney Kara Homsey. This incident does not involve the County of Fresno because it is alleged to have occurred in the jurisdiction of the City of Fresno.
Daniel Jimenez - Claimant claims in excess of $35,000 (the jurisdictional amount for limited civil cases) and alleges the speed bumps located at or near 4281 N. Chestnut Avenue, Fresno CA, caused the bus he was a passenger on to abruptly and violently jolt him, which was the proximate cause of the claimant’s injuries. Claimant is represented by attorney David Rudorfer. This incident does not involve the County of Fresno because it is alleged to have occurred in the jurisdiction of the City of Fresno.
Mario Sandoval - Claimant claims $5,000,000 and alleges the dangerous condition of the sidewalk at or near 98 Fresno Street, Fresno CA, caused him to trip and fall, which was the proximate cause of the claimant’s injuries. Claimant is represented by attorney Nelson Ventura. This incident does not involve the County of Fresno because it is alleged to have occurred in the jurisdiction of the City of Fresno.
Pioquinto Santacruz Pineda - Claimant claims in excess of $35,000 (the jurisdictional amount for limited civil cases) and alleges the dangerous condition of the road at or near E. Vino Avenue and S. Reed Avenue, Reedley CA, caused him to be in a motor vehicle accident, which was the proximate cause of the claimant’s injuries. Claimant is represented by attorney Justin Farahi. This incident is alleged to have occurred in District 4.
Asmik Karapatian - Claimant claims in excess of $10,000 and alleges the dangerous condition of the sidewalk at or near 2707 E. Michigan Avenue, Fresno CA, caused her to trip and fall, which was the proximate cause of the claimant’s injuries. Claimant is represented by attorney Armen Derian. This incident does not involve the County of Fresno because it is alleged to have occurred in the jurisdiction of the City of Fresno.
Gurpreet Singh - Claimant claims in excess of $35,000 (the jurisdictional amount for limited civil cases) and alleges he was assaulted by six people at or near the park area by 4065 Alamos Avenue, Clovis CA, which was the proximate cause of the claimant’s injuries. Claimant is represented by attorney Jason Souza. This incident does not involve the County of Fresno because it is alleged to have occurred in the jurisdiction of the City of Clovis.
Crystal Moran-Torres, Adrian Posada, and Two Minors - Claimants each claim in excess of $35,000 (the jurisdictional amount for limited civil cases) and allege the County Medical Examiner’s forensic opinion of claimants’ deceased infant son drove and sustained the dependency case with their surviving children, which was the proximate cause of the claimants’ injuries. Claimants are represented by attorney Kevin Little. This incident is alleged to have occurred in District 3.
Wendy Espinoza - Claimant claims in excess of $1,000,000 and alleges the dangerous condition of the road on State Route 33 near Coalinga Mendota Road, Coalinga CA, caused the vehicle she was a passenger in to crash on a dirt embarkment, which was the proximate cause of the claimant’s injuries. Claimant is represented by attorney Alivia Abreu. This incident does not involve the County of Fresno because it is alleged to have occurred in the jurisdiction of CalTrans.
Summary of Application for Leave to Present a Late Claim
Tony Ortega - Claimant claims in excess of $35,000 (the jurisdictional amount for limited civil cases) and alleges a Sheriff vehicle ran the stop sign at the intersection of W. McKinley Avenue and N. Brawley Avenue, Fresno CA, causing him to slam on his brakes, which was the proximate cause of the claimant’s injuries. Claimant’s attorney references California Government Code section 911.4 as the basis for why the County should accept the late claim. The attorney does not provide any additional information to support the late claim and only refers to the government code. The claim was submitted about ten months after the date of loss. The CRC recommends that this late claim application be denied because 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 Matthew Wilkins. This incident is alleged to have occurred in District 1.
Jose Martinez - Claimant claims in excess of $35,000 (the jurisdictional amount for limited civil cases) and alleges when he was incarcerated in the Fresno County Jail, staff members were negligent of his medical needs, which was the proximate cause of the claimant’s injuries. Claimant’s attorney alleges the claim is not untimely because claimant was incarcerated until May 6, 2026, and after his release, claimant diligently searched for an attorney, which they claim is excusable neglect as specified by Government Code section 911.2, subdivision (a). The explanation provided by the attorney is not a valid reason for the County to accept the late claim. The claim was submitted about eleven months after the date of loss. The CRC recommends that this late claim application be denied because 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 EmilyRose Johns. This incident is alleged to have occurred in District 3.
ATTACHMENTS INCLUDED AND/OR ON FILE:
On file with Clerk - Resolutions Rejecting Claims for Damages (9)
On file with Clerk - Resolutions Denying Applications for Leave to Present a Late Claim (2)
CAO ANALYST:
Sevag Tateosian