Opinion
2:07-cv-00825-GEB-GGH.
May 29, 2008
ORDER
This motion was determined to be suitable for decision without oral argument. L.R. 78-230(h).
Defendant City of Sacramento ("City") "moves for summary judgment on the basis that the Class Action Settlement Agreement approved . . . in Joan Barden, et al. v. City of Sacramento, United States District Court, Eastern District of California, CIV-S-99-0497 MCE JFM, acts as a complete bar to all of Plaintiff's claims." (MSJ at 2:7-10.) The City also seeks "defense costs in the form of reasonable attorney's fees . . . because Plaintiff lacked good cause to maintain his action following the City's advisement of the application of Barden." (Id. at 10:7-8.) The City's motion, however, is denied, since it has not shown that the above-referenced agreement bars Plaintiff's claims.