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    • Terra Fritch, Atticus Fritch, Justin Fritch, a minor, Estate of Alex Fritch, Nicole Chang, Estate of Paul Megia, Gloria Rudometkin, Estate of Michael Rudometkin, Harmanpreet Kaur, Jotsroop Singh Gill, a minor, Saheb Kaur Gill, a minor, and Estate of Taptejdeep Singh v. Universal Protection, L.P. dba Allied Universal Security Services, Allied Barton Security Services, Allied Universal Security Services LLC, The County of Santa Clara, The Santa Clara County Sheriff's Office, Santa Clara Valley Transportation Authority and Does 1-50, inclusive

    Apr. 5, 2024
    Verdicts and settlements
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    Personal Injury
    Wrongful Death
    Breach of Contract

    Terra Fritch, Atticus Fritch, Justin Fritch, a minor, Estate of Alex Fritch, Nicole Chang, Estate of Paul Megia, Gloria Rudometkin, Estate of Michael Rudometkin, Harmanpreet Kaur, Jotsroop Singh Gill, a minor, Saheb Kaur Gill, a minor, and Estate of Taptejdeep Singh v. Universal Protection, L.P. dba Allied Universal Security Services, Allied Barton Security Services, Allied Universal Security Services LLC, The County of Santa Clara, The Santa Clara County Sheriff's Office, Santa Clara Valley Transportation Authority and Does 1-50, inclusive

    Published: Apr. 5, 2024 | Result Date: Jan. 24, 2024 | Filing Date: Jan. 24, 2024 |
    Case number: 22CV399095 Bench Decision –  Dismissal

    Judge

    Sunil R. Kulkarni

    Court

    Santa Clara County Superior Court


    Attorneys

    Plaintiff

    J. Gary Gwilliam
    (Gwilliam, Ivary, Chiosso, Cavalli & Brewer APC)

    Randall E. Strauss
    (Gwilliam, Ivary, Chiosso, Cavalli & Brewer APC)

    Jeffrey W. Rickard
    (Habbas, Nasseri & Associates)


    Defendant

    Gregory J. Charles
    (Office of the Santa Clara County Counsel)

    Jose L. Martinez
    (Office of the Santa Clara County Counsel)


    Facts

    On May 26, 2021, then-Valley Transit Authority ("VTA") employee Samuel Cassidy shot and killed nine coworkers at a VTA facility in San Jose. Many of the decedents' heirs and estates sued VTA, Santa Clara County, and various security companies. The shooting took place at VTA's Guadalupe Division facility which is located in the Civic Center neighborhood of San Jose. Plaintiffs alleged a wrongful death claim and a breach of contract claim against the County.
    In Fritch, Davallou, and Lane, the county successfully demurred to the wrongful death claim on March 10, 2023 Order. The court granted leave to amend the breach of contract claim. In all five cases, plaintiffs filed amended complaints asserting that they were third party beneficiaries of a contract between the county and the VTA to provide supplemental law enforcement services to the VTA. Plaintiffs alleged that the County breached the agreement and essentially allowed the murders.

    Result

    The court sustained the County's demurrer of the negligence claims on March 10, 2023 and breach of contract claims on Jan. 24, 2024.

    Other Information

    Plaintiffs are appealing the decision. Related Cases: 22CV399096, 22CV398848, 22CV399418, 23CV413374


    #142903

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