HomeMy WebLinkAboutAgreement A-25-418 for Kenneth Hahus.pdf Agreement No. 25-418
AGREEMENT TO DEFEND PUBLIC OFFICER OR EMPLOYEE, RESERVATION OF RIGHTS
AND NON-WAIVER
1 WHEREAS, the undersigned public officer or employee is a party defendant in the
2 following action:
3 NAME OF CASE: Kenneth Hahus, vs. County of Fresno, et al.,
4 ACTION NO: 4:25-cv-04580-DMR COURT: Northern District Court
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6 WHEREAS, the undersigned officer or employee claims that the said action
7 referenced above arose out of acts or omissions which, if they occurred at all, occurred within
8 the course and scope of the officer's or employee's employment with the County of Fresno or o
9 a Judicial District thereof and were not the result of fraud, corruption or malice; and
to WHEREAS, the undersigned officer or employee has requested that the County o
11 Fresno undertake his/her defense in said action pursuant to Article 4 (commencing with section
12 825), Chapter 1, Part 2, Division 2.6 of Title 1 of the Government Code and said County i
13 willing to conduct said defense subject to a reservation of its rights/non-waiver agreement to the
14 full extent permitted in said provision of the Government Code.
15 The County and the undersigned public officer or employee therefore agree a
16 follows:
17 1. Under this Agreement to Defend Public Officer or Employee, Reservation o
18 Rights, and Non-Waiver ("Agreement"), the County of Fresno will undertake your defense in the
19 action identified above for:
20 Ordinary negligence which occurred within the course and scope of you
21 employment.
22 2. The following matters are NOT COVERED by the County of Fresno under this
23 Agreement:
24 • Any actions outside the course and scope of your employment.
25 • Any actions within the course and scope of your employment that were/are
26 reckless, grossly negligent, willful, wanton, fraudulent, oppressive,
27 malicious, arbitrary or capricious.
28 • Punitive damages (which are not currently alleged in this case)
COUNTY OF FRESNO
FRESNO, CALIFORNIA
AGREEMENT TO DEFEND PUBLIC OFFICER OR EMPLOYEE, RESERVATION OF RIGHTS
AND NON-WAIVER
1 3. Pursuant to this Agreement, the County of Fresno may take the following actions i
2 the facts of this case warrant:
3 A. Seek a declaration of rights and duties regarding its defense and/or
4 indemnity obligations;
5 B. Withdraw our defense and seek reimbursement for defense fees incurred in
6 defending claims with no potential for coverage;
7 C. Seek reimbursement for any judgement or settlement paid by County o
8 Fresno on the ground that the sums were not paid in connection with
9 covered claims;
10 D. The right to have separate verdict form at trial for non-covered claims;
11 E. The right to amend this agreement at a later time.
12 Please bear in mind that the County of Fresno is not in any way asserting the
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allegations against you have merit. The County of Fresno is simply stating that the
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claims, or a portion of them, may not be covered.
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4. PLEASE NOTE: The Public Officer or Employee signing this document has the
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right to seek advice of outside counsel/independent counsel at any time.
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I, Kenneth Hahus have read the above information and have had an opportunity
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to ask questions. I am requesting that the County of Fresno undertake my defense in the above
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entitled action subject to a RESERVATION OF RIGHTS. I understand that I have the continuing
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right to seek advice of outside/independent counsel at any time and will advise the County o
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Fresno as soon as possible should I want to do so.
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AGREEMENT TO DEFEND PUBLIC OFFICER OR EMPLOYEE, RESERVATION OF RIGHTS
AND NON-WAIVER
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this
19th day of August 2025, in the County of Fresno, State of California.
COUNTY OF FRESNO
By:
Public Officer or Employee
C�
Ernest Buddy Mend6s, Chairman of the
Board of Supervisors of the County of
Fresno
ATTEST:
Bernice E. Seidel
Clerk of the Board of Supervisors
County of Fresno, State of California
By: _
Deputy