DATE: September 8, 2026
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 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)
GHC0097377 Carlos Mendoza Sr. and Cynthia Mendoza
GHC0098736 Monica Montes Lopez
GHC0098742 Theresa Randle
GHC0098747 Perry Martin
GHC0098851 Joshua Aulds
GHC0099072 Destinee Woods
GHC0099249 Natalie Avina
GHC0099284 Svetlana Bulatov
GHC0099286 Todd Mumma
GHC0099291 Crystal Rivas and Estate of Kane Anthony Rubio
GHC0099368 Sara Spritzer and David Philips-Kerley
GHC0099558 Milagros Rivas
GHC0099654 Olving Sierra
GHC0099708 Adrienne Denton
GHC0099726 John Doe R.G.
GHC0099751 Deborah Elliott
GHC0099828 Cynthia Jeanine Brown individually and as successor in interest of Robert Eugene Brown Jr.
GHC0099845 Julia Esqueda
GHC0099877 A Minor
GHC0100311 John Doe J.F.
Summary of Claims
Carlos Mendoza Sr. and Cynthia Mendoza - Claimants each claim in excess of $35,000 (the jurisdictional amount for limited civil cases) and allege the County failed to maintain the interface between the roadway and canal at E. Herndon Avenue and N. Madsen Avenue, Clovis CA, in a reasonably safe condition, resulting in their son departing from the road and entering into the canal causing a fatal injury, which was the proximate cause of the claimants’ injuries. Claimants are represented by attorney Benjamin Drake. This incident is alleged to have occurred in District 5.
Monica Montes Lopez - Claimant claims in excess of $100,000 and alleges the dangerous condition of the sidewalk on Temperance Avenue behind 1534 Hanson Ave, Clovis CA, caused her to trip and fall, which was the proximate cause of the claimant’s injuries. Claimant is represented by attorney Benjamin Drake. This incident does not involve the County of Fresno because it is alleged to have occurred in the jurisdiction of the City of Clovis.
Theresa Randle - Claimant claims in excess of $35,000 (the jurisdictional amount for limited civil cases) and alleges a City of Fresno driver struck her vehicle causing an accident, which was the proximate cause of the claimant’s injuries. Claimant is represented by attorney Jonathan Moradifar. This incident does not involve the County of Fresno because it is alleged to have involved a City of Fresno employee.
Perry Martin - Claimant claims in excess of $35,000 (the jurisdictional amount for limited civil cases) and alleges the dangerous condition of a sidewalk located at or near 1165 N. Marks Avenue and 1725 N. Marks Avenue, Fresno CA, caused him to trip and fall, which was the proximate cause of the claimant’s injuries. The locations provided for the alleged incident are two separate locations. A notice of insufficient claim was mailed to claimant because they did not provide the exact location of incident to determine jurisdiction. Claimant did not respond to the notice. Claimant is represented by attorney Lauren Noriega. This claimant did not provide the exact location of the alleged incident.
Joshua Aulds - Claimant claims in excess of $35,000 (the jurisdictional amount for limited civil cases) and alleges he was suddenly and unexpectedly attacked by an unleashed dog at or near 3500 Never Forget Lane, Clovis CA, which was the proximate cause of the claimant’s injuries. The County is not responsible for privately owned animals. Claimant is represented by attorney Trisha Jimenez. This incident is alleged to have occurred in District 3.
Destinee Woods - Claimant claims in excess of $1,000,000 and alleges she was suddenly and unexpectedly attacked by pack of dogs at or near 3280 W. Olive Avenue, Fresno CA, which was the proximate cause of the claimant’s injuries. Claimant is represented by attorney Brian Jacobson. This incident does not involve the County of Fresno because the County is not responsible for loose animals. This incident is alleged to have occurred in District 1.
Natalie Avina - Claimant claims in excess of $35,000 (the jurisdictional amount for limited civil cases) and alleges a Golden Plains Unified School District bus drove through a stop sign and claimant collided with the side of the bus, which was the proximate cause of the claimant’s injuries. Claimant is represented by attorney Mark Vogt. This incident does not involve the County of Fresno because it is alleged to have involved a Golden Plains Unified School District bus driver.
Svetlana Bulatov - Claimant claims $5,000,000 and alleges she was using the pickleball courts at East Rotary Park when she encountered a dangerous condition near the driver fence between the courts, which was the proximate cause of the claimant’s injuries. Claimant is represented by attorney Liana Ohanian. This incident does not involve the County of Fresno because it is alleged to have occurred in the jurisdiction of the City of Fresno.
Todd Mumma - Claimant claims $100,000 and alleges the Sheriff’s Office failed to notify claimant of its intention to destroy 82 weapons after confiscation, which was the proximate cause of the claimant’s injuries. Claimant is represented by attorney Glen Gates. This incident is alleged to have occurred in District 3.
Crystal Rivas and Estate of Kane Anthony Rubio - Claimants each claim in excess of $35,000 (the jurisdictional amount for limited civil cases) and allege decedent Kane Anthony Rubio was found deceased in his cell at the Fresno County Jail, which was the proximate cause of the claimants’ injuries. Claimant Crystal Rivas is the mother of decedent Kane Anthony Rubio. Claimant is represented by attorney Denisse Gastelum. This incident is alleged to have occurred in District 3.
Sara Spritzer and David Phillips-Kerley - Claimants each claim in excess of $35,000 (the jurisdictional amount for limited civil cases) and allege Deputy Sheriffs entered their private property and used excessive force causing permanent damage to their property, which was the proximate cause of the claimants’ injuries. Claimants are not represented by an attorney. This incident is alleged to have occurred in District 5.
Milagros Rivas - Claimant claims in excess of $35,000 (the jurisdictional amount for limited civil cases) and alleges while residing at the supported living facility located at 2146 Mitchell Avenue, Clovis CA, she suffered a serious medical emergency and significant physical injuries, which was the proximate cause of the claimant’s injuries. Claimant is represented by attorney Mary Caruso. This incident does not involve the County of Fresno because the County does not own or maintain the nursing facility.
Olving Sierra - Claimant claims in excess of $35,000 (the jurisdictional amount for limited civil cases) and alleges a DG Construction Inc. employee failed to yield the right of way at or near the intersection of E. Redondo Avenue and S. Oak Lane Avenue, Del Rey CA, and struck her vehicle with an excavator, which was the proximate cause of the claimant’s injuries. Claimant is represented by attorney Nicole Newman. This incident is alleged to have occurred in District 4.
Adrienne Denton - Claimant claims in excess of $35,000 (the jurisdictional amount for limited civil cases) and alleges she was traveling on her electric scooter near the intersection of E. Barstow Avenue and N. Blackstone Avenue, Fresno CA, when her scooter encountered a crack causing her to be thrown off the scooter, which was the proximate cause of the claimant’s injuries. Claimant is represented by attorney Justin Thompson. This incident does not involve the County of Fresno because it is alleged to have occurred in the jurisdiction of the City of Fresno.
John Doe R.G. - Claimant claims $10,400,000 to $12,700,000 and alleges in 2005 and 2006 he was sexually abused at the Elkhorn Correctional Facility, which was the proximate cause of the claimant’s injuries. Claimant is represented by attorney Doug Rochen. This incident is alleged to have occurred in District 4.
Deborah Elliott - Claimant claims in excess of $10,000 and alleges she was riding her mountain bike at the Woodward Park BMX track, when she encountered a dangerous condition on the wooden balance feature causing her to fall, which was the proximate cause of the claimant’s injuries. Claimant is represented by attorney Maria Pappas-Rajotte. This incident does not involve the County of Fresno because it is alleged to have occurred in the jurisdiction of the City of Fresno.
Cynthia Jeanine Brown individually and as successor in interest of Robert Eugene Brown Jr. - Claimant claims in excess of $10,000 and allege the dangerous condition of the sidewalk at or near 355 East Champlain Drive, Fresno CA, caused decedent Robert Eugene Brown Jr. to trip and fall, which was the proximate cause of the claimant’s injuries. Claimant is represented by attorney Samer Salhab. This incident does not involve the County of Fresno because it is alleged to have occurred on private property.
Julia Esqueda - Claimant claims in excess of $1,500,000 and alleges the dangerous condition of the sidewalk at or near the intersection of Fulton Street and Amador Street, Fresno CA, caused her to trip and fall, which was the proximate cause of the claimant’s injuries. Claimant is represented by V&A Law Firm. This incident does not involve the County of Fresno because it is alleged to have occurred in the jurisdiction of the City of Fresno.
A Minor - Claimant claims $5,000,000 and alleges the dangerous condition of the monkey bars at Helm Ranch Community Park caused claimant to slip and fall, which was the proximate cause of the claimant’s injuries. Claimant is represented by attorney Tyler Kobylinski. This incident does not involve the County of Fresno because it is alleged to have occurred in the jurisdiction of the City of Clovis.
John Doe J.F. - Claimant claims $10,500,000 to $13,000,000 and alleges in 2009 he was sexually abused at a Fresno County juvenile facility known as C.K. Wakefield School, which was the proximate cause of the claimant’s injuries. Claimant is employed with the County of Fresno Probation Department. Claimant is represented by attorney Kevin Little. 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 (20)
CAO ANALYST:
Sevag Tateosian