Doe v. County of Sacramento

District Court, E.D. California·Decided February 10, 2025·No. 2:21-cv-01438·Unknown

Opinion

1 2 3 4 5 6 7 10 11 MARIA DOE, et al. No. 2:21-cv-01438-DC-CKD 12 Plaintiffs, ORDER GRANTING MOTIONS FOR 13 v. APPROVAL OF THE COMPROMISE OF A MINOR AND FOR GOOD FAITH 14 COUNTY OF SACRAMENTO, et al. SETTLEMENT DETERMINATION 15 Defendants. (Doc. Nos. 102, 106) 16 17 This matter is before the court on Plaintiffs Maria Doe, Clara Doe, and I.D.’s motion for 18 approval of the compromise of a minor (Doc. No. 102) and Defendants Jagdeep Singh, the Estate 19 of Sushma Giri, and V & N Associates, LLC’s motion for good faith settlement determination 20 (Doc. No. 106). Both motions were taken under submission to be decided on the papers pursuant 21 to Local Rule 230(g). (Doc. Nos. 107, 111.) For the reasons explained below the court will grant 22 both motions. 24 In the operative second amended complaint, Plaintiffs allege the following. On May 7, 25 2018, Defendant Jagdeep Singh and his spouse, Sushma Giri, took title of 5973 Vista Avenue, 26 Sacramento, California (“the Property”). (Doc. No. 32 at ¶ 10.) On May 31, 2018, Defendant 27 Alida Estrada became a tenant of the Property. (Doc. Nos. 32 at ¶ 11; 33 at 53.) In November 28 2019, Plaintiff Maria Doe entered into an oral lease with Defendant Estrada to rent a unit of the 1 Property. (Doc. No. 32 at ¶ 15.) On or about November 6, 2019, Plaintiff Maria Doe moved into 2 the unit with three of her children, including Plaintiffs Clara Doe and I.D. (Id. at ¶ 16.) Soon after 3 the Doe family moved into the unit, they became aware of numerous habitability issues. (Id. at 4 ¶ 18.) Plaintiffs reported these issues to Defendant Estrada, but the problems were largely 5 unaddressed. (Id. at ¶ 19.) 6 On January 2, 2020, Sushma Giri passed, and Defendant Singh became the administrator 7 of her estate. (Id. at ¶ 10.) On or about March 20, 2020, Defendant Singh transferred his interest 8 in the Property to Defendant V & N Associates, LLC. (Id.) Defendants Singh, the Estate of 9 Sushma Giri, and V & N Associates, LLC, are referred to as “the Property Owner Defendants.” 10 (Id.) 11 In March 2020, California Governor Gavin Newsom declared a state of emergency due to 12 the spread of COVID-19 and issued various directives regarding the capacity and function of the 13 restaurant industry where Plaintiff Maria Doe worked. (Id. at ¶¶ 20, 23–24.) Governor Newsom 14 also issued an executive order authorizing local governments to halt evictions of households who 15 suffered a decrease in income due to COVID-19. (Id. at ¶ 25.) On March 24, 2020, the 16 Sacramento County Board of Supervisors adopted an eviction moratorium to prevent the eviction 17 of tenants who owe rent due to COVID-19. (Id. at ¶ 28.) 18 In March 2020, Plaintiff Maria Doe was laid off from her restaurant job due to COVID-19 19 restrictions and informed Defendant Estrada she would be unable to pay rent for the month of 20 April because she had lost her job. (Id. at ¶¶ 29–30.) Defendant Estrada told her she would have 21 until April 8th to move out if she did not pay April rent. (Id. at ¶ 30.) On or about April 1, 2020, 22 Defendant Estrada told Plaintiff Maria Doe that because she could not pay the April rent, she 23 would have to move by April 3, sooner than Defendant Estrada had previously stated. (Id. at 24 ¶ 31.) In response, Plaintiff Maria Doe handed Defendant Estrada a signed form entitled “Tenant 25 Delay of Rent Payment—COVID-19” that allegedly had been provided to her by “Sacramento 26 Community Development.” (Id.) Although the form attested to the fact that because Plaintiff 27 Maria Doe had lost income due to COVID-19, she was protected from eviction, Defendant 28 Estrada allegedly told Plaintiff Maria Doe her form was “worthless” and proceeded to turn off the 1 electricity to the unit two days later. (Id. at ¶¶ 31, 33.) 2 On or about April 4, 2020, Plaintiff Maria Doe called Sacramento County Code 3 Enforcement (“Code Enforcement”) to report that Defendant Estrada had “shut off her electricity 4 to make her move out.” (Id. at ¶ 34.) On April 7, 2020, Code Enforcement contacted Defendants 5 Singh and Estrada. (Id. at ¶ 35.) Following the calls from Code Enforcement, Defendant Singh 6 communicated with Defendant Estrada. (Id.) Defendant Estrada then confronted Plaintiff Maria 7 Doe to complain about her call to Code Enforcement. (Id. at ¶ 36.) Defendant Estrada told 8 Plaintiff Maria Doe that Defendant Singh required her family to leave immediately because Code 9 Enforcement was going to come that week. (Id.) 10 Defendant Estrada threatened to call the police if Plaintiffs did not move out, and she 11 followed through with that threat by calling 911 to complain that Plaintiff Maria Doe refused to 12 move out. (Id. at ¶¶ 36, 38.) In response, Defendant Sacramento County Sheriff’s Office 13 dispatched Defendant Deputy Darryl Roderick to the Property. (Id. at ¶ 39.) Plaintiffs allege 14 Defendant Roderick proceeded to assist Defendant Estrada in coercing them to vacate the unit 15 while refusing to provide Spanish language interpretation for Plaintiff Maria Doe, whose primary 16 language is Spanish and who is not proficient in English. (Id. at ¶¶ 42–54.) Hours later, Plaintiffs 17 vacated the unit and were rendered homeless. (Id. at ¶¶ 56–58.) 18 Plaintiffs initiated this lawsuit by filing a complaint on August 11, 2021. (Doc. No. 1.) On 19 April 13, 2022, Plaintiffs filed the operative second amended complaint against the Property 20 Owner Defendants and Defendants County of Sacramento, the Sacramento County Sheriff’s 21 Office, Roderick, and Estrada. (Doc. No. 32.) Therein, Plaintiffs bring the following sixteen 22 causes of action: (1) wrongful eviction and conspiracy to wrongfully evict against the Property 23 Owner Defendants and Defendants Estrada and Roderick; (2) violation of the Due Process 24 Clause, 42 U.S.C. § 1983, against Defendant Roderick; (3) Monell liability for failure to adopt 25 language access Policy against Defendants County of Sacramento and the Sacramento County 26 Sheriff’s Office; (4) Monell liability for failure to train against Defendants County of Sacramento 27 and the Sacramento County Sheriff’s Office; (5) intentional discrimination in violation of Title VI 28 of the Civil Rights Act, 42 U.S.C. § 1983, against Defendants County of Sacramento and the 1 Sacramento County Sheriff’s Office; (6) violation of the Bane Act, Cal. Civ. Code § 52.1, against 2 all Defendants; (7) violation of the Unruh Act, Cal. Civ. Code § 51 against Defendant Roderick; 3 (8) unlawful discrimination in violation of Cal. Gov. Code §§ 11135 and 11139 against 4 Defendants County of Sacramento and the Sacramento County Sheriff’s Office; (9) a writ of 5 mandamus pursuant to Cal. Code Civ. Pro. § 1085 against Defendants County of Sacramento and 6 the Sacramento County Sheriff’s Office; (10) negligence against Defendants County of 7 Sacramento, the Sacramento County Sheriff’s Office, and Roderick; (11) retaliatory eviction in 8 violation of Cal. Civ. Code § 1942.5 against the Property Owner Defendants and Defendant 9 Estrada; (12) breach of the warranty of habitability against Defendant Estrada; (13) 10 untenantability in violation of Cal. Civ.

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