Johnson v. County of Fresno

Getting a grasp of this case requires a trip through a procedural maze culminating in a non intuitive result, a journey for which we beg the reader’s indulgence. Christina Johnson filed a complaint against the County of Fresno (County) and one of its employees, Michael Stribling, alleging claims for sexual harassment, negligence and other torts. Stribling worked for the County’s Department of Health and was Johnson’s treating counselor. Alleging that Stribling made sexual advances toward her (among other things), Johnson filed a complaint against the County and Stribling. The County denied Stribling any defense, reasoning that he acted outside the course and scope of his employment. On the day set for the hearing of the County’s motion for summary judgment on this issue, Johnson dismissed the County out of the lawsuit, with prejudice. Johnson later entered into a stipulated judgment in the amount of $165,000 with Stribling, who, predictably, admitted his contact with Johnson occurred during the course and scope of his employment with the County. The errant employee, Stribling, then assigned to Johnson his right to pursue indemnification from the County. Johnson then filed…