Case Name Date Settled Amount Description Notes
SETTLEMENTS OVER $50,000 FINALIZED IN DECEMBER 2021
No Settlements
to Report
Agenda Item #7.1
For the Council Meeting on: January 11, 2022
Case Number Full Case Name Status Category Case Description Case Notes Amount Claimed
Dismissed Date Settled Date Settlement
Amount
SCV-264904 People/City v. Deborah J. O'Connor, as
Trustee of the O'Connor Irrevocable Trust
Active Code Enforcement/
Receivership
Complaint and Petition for
injunctive Relief, Abatement of
Nuisance, Appointment of Receiver
and other equitable relief
Receiver has been appointed and
remains in place; property sold on
6/9/2021; Court approved City's Motion
for Attorney's Fees/Costs totaling
$12,857.25 and fees/costs have been
received; Case Management Conference
for status of receivership is set for
1/11/2022 and for possible discharge of
Receiver.
According to
Proof
MCV-252325 People of the State of California, City of
Santa Rosa v. The Testate and Interstate
Successors of David L. Mosher and
Rosemary Mosher, Deceased, and all
persons Claiming by, through, or under
such Decedents any Legal or Equitable
Right, Title, Estate, Lien, Interest in Real
Property Commonly Known as 3073
Lamberson Court, and DOES 1-25
Active -
Pleadings
Code
Enforcement/Receivership
Complaint and Petition for
injunctive Relief, Abatement of
Nuisance, Appointment of Receiver
and other equitable relief
The City’s Petition to have a Receiver
appointed was granted; City-
recommended Receiver has a contractor
on site rehabilitating the property;
8/3/2021 Order of Court authorizing sale
of property; Case Management
Conference scheduled for 4/19/2022.
SCV-265933 People/City v. Davis Properties, A General
Partnership, American Savings Bank, Does
1-10
Active -
Pleadings
Code
Enforcement/Receivership
Complaint and Petition for
injunctive Relief, Abatement of
Nuisance, Appointment of Receiver
and other equitable relief. Lead
based paint throughout home
caused lead poisoning in a child.
Home has been abandoned since
that time, with the exception of
occasional transients.
Receiver has been appointed and plan
for rehabilitation has been approved by
the Court and County Environmental
Services; remediation work has begun.
According to
Proof
SCV-268254 People of the State of California, City of
Santa Rosa v. The Testate and Intestate
Successors of Dorothy E. Brown, deceased,
and all persons claiming by, through, or
under, such decedent any right, title,
estate, lien, or interest in real property
commonly known as 4034 Lancaster
Avenue, Santa Rosa, and DOES 1-10
Active -
Pleadings
Code
Enforcement/Receivership
Complaint and petition for
injunctive relief, abatement of
nuisance, appointment of receiver
and other equitable relief
Case Management Conference
scheduled for 3/10/2022.
According to
Proof
SCV-268150 People of the State of California, City of
Santa Rosa v. David Alan Vicini, and DOES
1-10
Judgment Code
Enforcement/Receivership
Complaint for injunctive and other
relief (Drug Abatement Act)
On 9/21/2021, Court granted City's
application to close Vicini's residential
drug house and issued Judgment in favor
or the City including $48,478 in fees and
penalties; the matter is now fully
adjudicated and the City is focusing on
clean up/sale of property.
According to
Proof
9/21/2021 On 9/21/2021,
Court awarded
City $48,478 in
fees and
penalties.
Additional
costs of
cleanup and
sale according
to proof.
SCV-269762 Owners and Renters Rights Association v.
City of Santa Rosa
Active -
Pleadings
General Litigation Alleging civil rights violation in
relation to City Ordinance ORD-
2021-011 (Short Term Rentals
Ordinance)
Plaintiff's Application for Temporary
Restraining Order denied on 12/2/2021.
Case Management Conference set for
4/27/2022.
According to
Proof
GENERAL LITIGATION
LITIGATION AS OF DECEMBER 27, 2021
CODE ENFORCEMENT / RECEIVERSHIPS
Case Number Full Case Name Status Category Case Description Case Notes Amount Claimed
Dismissed Date Settled Date Settlement
Amount
LITIGATION AS OF DECEMBER 27, 2021
3:21-cv-06179 David C. Rosas v. City of Santa Rosa, et al Active - Pleadings
General Litigation – ADA Complaint of disability
discrimination in violation of ADA,
California Unruh Act, Malicious
Prosecution Rico Act, Second
Amendment, Fourteenth
Amendment
Hearing on Motion for More Definitive
Statement/Motion to Dismiss to be set
by court; Initial Case Management
Conference scheduled for 1/11/2022.
According to
Proof
SCV-266987 Terracon Constructors, Inc., a California
corporation v. City of Santa Rosa, a
charter city; and DOES 1-50 fictitiously
named parties
Settled General Litigation – Breach
of Contract
Allegation of Breach of Contract
arising out of public works
construction project
Mediation held 9/13/2021 though JAMS;
matter settled for $395,000; Dismissal
pending.
$688,035.00 Pending 9/13/2021 $395,000.00
SCV-265333 Bay Cities Paving & Grading, Inc., a
California corporation v. City of Santa
Rosa, a body politic, and Does 1-50
Active -
Discovery
General Litigation – Breach
of Contract
Allegation of Breach of Contract
arising out of public works
construction project
Preliminary discovery underway;
possible mediation; Case Management
Conference scheduled for 03/03/2022.
According to
Proof
3:18-CV-01955-
VC
Nicholle Vannucci, Ellen Brown, and
Shannon Hall, individuals; and Homeless
Action!, an unincorporated association v.
County of Sonoma, Sonoma County
Community Development Commission,
City of Santa Rosa, and Does I to XX
Stayed General Litigation -
Constitutional and ADA
Complaint for Declaratory Relief
and Injunctive Relief (homeless
encampments)
Preliminary Injunction entered; litigation
stayed from 8/12/2019 through
12/31/2021; further settlement
conference before Magistrate Sallie Kim
on 2/15/22.
SCV-264359 Sonoma Citizens for Transparency in
Government v City of Santa Rosa, County
of Sonoma
Active -
Pleadings
General Litigation – PRA Plaintiff alleges that City wrongfully denied access to requested records
under PRA.
Parties in discussion to conclude
remaining issues so that case may be
dismissed; Court Trial set for 2/9/2022.
According to
Proof
20-CV364054 Bonnie Kessner, et al. v. City of Santa
Clara, et al. (City of Santa Rosa - Linda
Johnson & Robert Reynoso)
Active -
Pleadings
General Litigation – Prop
218 – Water Rates
Complaint for damages and
equitable relief: Petition for Writ of
Mandate under Prop 218,
challenging City's water rates
Discovery stayed pending court decision
on second of three phases of demurrers
regarding venue, joinder, jurisdiction,
and other defenses; a Hearing on
Demurrers is scheduled for 12/9/2021;
Case Management Conference is set for
1/20/2022.
According to
Proof
ED CV06-0055-
GW
United States, et al., ex rel. John Hendrix v.
J-M Manufacturing Company, Inc., et al.
Stayed General Litigation – Qui Tam Federal qui tam action (and stayed state court action) filed against
water pipe manufacturer for false
claims
The Court denied exemplar plaintiff
damages; final judgment expected soon
and likely appeal to the Ninth Circuit on
multiple issues; City’s claims (as non-
exemplar plaintiff) are currently stayed.
To be
determined.
SCV-264530 David Pelayo, Roberto Hernandez,
Edmond Andre, Bryan Munoz, and Brian
Medeiros, each as an individual, and on
behalf of the general public for all those
similarly situated v Utility Partners of
America, LLC, a Delaware corporation; City
of Santa Rosa and DOES 1 through 250,
inclusive.
Active - Set
for Trial
General Litigation – Wage
Claim
Plaintiffs' allege failure to pay
prevailing wages and related
compensation versus employer
UPA for public works project; UPA
alleges City is obligated to defend
and indemnity UPA.
Early mediation was unsuccessful; Court
overruled UPA's demurrer to City's cross-
complaint; discovery is ongoing; Motion
for Summary Judgment/Adjudication set
for 2/16/2022; Trial is set for 5/27/2022.
According to
Proof
SCV-263791 Meyer, Tessala Dakota v. City of Santa
Rosa, Does 1-20
Active - Set
for Trial
Personal Injury (Motorcycle
Accident)
Claimant alleges SRPD officer
negligent in operation of
motorcycle which crashed into
occupied tent on Joe Rodota Trail
Trial Set for 5/20/2022. According to
Proof
SCV-265050 Megan Marlow and Christian Andersen, as
successor-in-interest v City of Santa Rosa,
Chelino's Restaurant, DOES 1-50
Active - Set
for Trial
Personal Injury/Dangerous
Condition
Alleged Personal Injury; Wrongful
Death
Discovery is complete; Trial was
continued to 09/30/2022 at plaintiff's
request and by stipulation.
According to
Proof
SCV-267799 Lisa Brayson v. City of Santa Rosa;
HIGHWAY 29 WINE AND BISTRO, INC.
DEPATRTMENT29, INC. and DOES 1 to 100
Active -
Discovery
Personal Injury/Dangerous
Condition
Claimant alleges she tripped over
an uneven sidewalk, causing injury
to left arm.
Discovery underway; Cross-Complaint
filed by City against co-defendants.
According to
Proof
PERSONAL INJURY/DANGEROUS CONDITION
Case Number Full Case Name Status Category Case Description Case Notes Amount Claimed
Dismissed Date Settled Date Settlement
Amount
LITIGATION AS OF DECEMBER 27, 2021
SCV-266515 John DeGroot v. City of Santa Rosa, and
DOES 1 to 10, Inclusive
Active -
Discovery
Personal Injury/Dangerous
Condition
Claimant alleges he tripped on a
broken piece of the curb, causing
him to stumble and fall. Plaintiff
alleges injuries as a result of his fall.
Written discovery has commenced
against plaintiff; Cross-Complaint has
been filed against all owners of adjacent
property; Deposition of property owner
will proceed after all cross-defendants
have filed an answer.
According to
Proof
SCV-269407 Linda Jennings, v. City of Santa Rosa,
County of Sonoma and DOES 1 to 20
Active -
Pleadings
Personal Injury/Dangerous
Condition
Claimant was hit by car and alleges
defects in the roadway caused
dangerous conditions resulting in
bodily injuries
City's Answer filed. Initial discovery is
proceeding.
According to
Proof
SCV-269190 Carlos Jaureque by and through his
guardian ad litem Annemarie Montes v.
City of Santa Rosa, County of Sonoma,
Luke Tully Ferrigno, and DOES 1 through
10, inclusive
Active -
Discovery
Personal Injury/Dangerous
Condition
Dangerous condition of public
property and negligence
Pleadings filed; written discovery
underway; Case Management
Conference scheduled for 01/13/2022.
According to
Proof
SCV-268574 Matthew Owens v. City of Santa Rosa,
DOES 1 to 10 all inclusive
Active -
Pleadings
Personal Injury/Dangerous
Condition
Claimant's bicycle tire got caught
on lip of sidewalk causing him to
fall and sustain several injuries
Summons and Complaint were served on
City on 12/21/2021; City’s Demurrer
and/or responsive pleading will be timely
filed and served.
According to
Proof
3:19-cv-02450-
VC
Debra Giambastiani v City of Santa Rosa
Santa Rosa Chief of Police Robert
Schreeder, Santa Rosa Officer Timothy
Gooler, Santa Rosa Officer Tyler Laron,
Santa Rosa Officer Christopher Mahurin,
Santa Rosa Officer Kenneth Ferrigno,
Santa Rosa employees DOES 1-25, County
of Sonoma, Sonoma County Sheriff Mark
Essick, Sonoma County employees DOES
26-50, Jointly and Severally
Stayed Police Action Alleged civil rights violation;
malicious prosecution; false arrest
and imprisonment; assault and
battery; negligence; invasion of
privacy; intentional infliction of
emotional distress
Case stayed; Appellant lost appeal of
trial court ruling on motion to suppress
in criminal case, however criminal
defense counsel intends to file a Petition
to Transfer the appeal to the 1st District
Court of Appeal.
According to
Proof
4:20-cv-01323 Herman Tamrat v. The Santa Rosa Police
Department; Robert L. Schreeder, Chief of
Santa Rosa Police Department; Officer
Erick Rhoades (#352); Officer Patrick
Albini; sued in their individual and official
capacities
Active -
Discovery
Police Action Plaintiff alleges violation of federal
civil rights during arrest.
Discovery underway; parties awaiting
Court decision on plaintiff's discovery
motion and City's motion for summary
judgment.
According to
Proof
3:21-cv-00892 Ryland Stamey v. City of Santa Rosa, a
municipal corporation, Sonoma County, a
municipal corporation, and DOES 1-50,
inclusive
Settled Police Action Complaint for injuries and civil
rights violations by police during
protests
Case settled at mediation; City Council
approved 8/3/2021; dismissal pending.
Note: Settlement previously reported on
9/14/2021.
According to
Proof
Pending 8/5/2021 $105,000.00
3:21-cv-06890 Robert J. McNutt, an individual, Aldona
Dement, an individual, v. City of Santa
Rosa, a public entity, Rainer Navarro, in
his official capacity as Chief of Police for
the City of Santa Rosa, Estate of Marylou
Armer, individually and in her capacity as
a detective for the City of Santa Rosa
Active -
Pleadings
Police Action Plaintiff McNutt and his wife
Dement allege that he was
wrongfully arrested for child
molestation
City's Motion to Dismiss for Failure to
State a Claim has been filed and
scheduled to be heard on 03/03/2022.
According to
Proof
4:18-cv-07731
KAW
Robert Casey, an individual, v. City of
Santa Rosa; and DOES 1-50, inclusive
Active - Set
for Trial
Police Action Plaintiff alleges violation of federal
civil rights during arrest.
Conditional settlement reached at
Settlement Conference on 12/02/2021;
Settlement pending and dismissal to be
filed within 90 days.
According to
Proof
Pending Pending
POLICE ACTION
Case Number Full Case Name Status Category Case Description Case Notes Amount Claimed
Dismissed Date Settled Date Settlement
Amount
LITIGATION AS OF DECEMBER 27, 2021
SCV-269600 Roseland Action and Duane DeWitt v. City
Council of the City of Santa Rosa and City
of Santa Rosa
Active -
Pleadings
Writ of Mandate Petition for Writ of Mandate
(CEQA) challenging the City's
adoption of the Initial
Study/Mitigated Negative
Declaration and approval of the
Roseland Creek Community Park
Master Plan.
Petition for Writ of Mandate served on
11/8/2021; Case Management
Conference scheduled for 1/6/2022.
SVC-268752 Western Manufactured Housing
Communities Association and Rincon
Valley dba Rincon Valley Mobilehome Park
v. City of Santa Rosa; Department of
Housing and Community of the City of
Santa Rosa; Megan Basinger, in her
official capacity as Interim Director of the
Department of Community Services of the
City of Santa Rosa; and DOES 1 through
20, inclusive
Active -
Pleadings
Writ of Mandate Complaint for declaratory and
injunctive relief; Petition for Writ of
Traditional Mandamus; regarding
mobile home park rent control
ordinance - application of State
price gouging limitations
Case Management Conference held on
12/2/2021; briefing schedule set, which
will be completed in February 2022;
awaiting hearing date for legal argument
to be set by Court, likely sometime in
March 2022 or shortly thereafter.
SCV-267372 Airport Business Center, a California
limited partnership, and Blue Fox Partners,
A California general partnership v. City of
Santa Rosa, City Council of the City of
Santa Rosa, and DOES 1 through 25,
inclusive
Active Writ of Mandate Petition for Writ of Mandate –
CEQA (challenge to the City’s
Downtown Station Area Specific
Plan)
Case Management Conference
scheduled for 2/3/2022; settlement
pending.
Pending
SCV-266092 James L. Duncan v Sonoma Marin Area
Rail Transit District, City of Santa Rosa,
County of Sonoma
Active - Set
for Trial
Writ of Mandate Writ of Mandate and Complaint for
Declaratory and Injunctive Relief
relating to proposed Jennings Ave
Crossing of SMART rail line. City is a
Real Party in Interest and not a
Defendant.
Discovery underway; Court Trial set for
7/8/2022.
SCV-268751 Apogee Gardens, Inc., and Jason Smith v.
City of Santa Rosa, City of Santa Rosa
Planning and Economic Development, and
Santa Rosa Code Enforcement and DOES 1-
10 inclusive
Active - Set
for Trial
Writ of Mandate Complaint for injunctive, and
declaratory relief, and for writ of
mandate to compel production of
public records
Discovery underway; Jury trial set for
05/27/2022.
According to
Proof
WRIT OF MANDATE
Claimant Name Date of Claim Date of Incident Claim Amount Location Description of Claim Garcilazo, Juan Zuniga 12/13/2021 8/2/2021 Over $25,000 Stony Point Rd OR Sebastopol Road and
Kenmore Lane
Claimant alleges that while riding bike on
sidewalk, he his his head on a low hanging
tree branch causing injuries
NEW CLAIMS REFERRED TO THE CITY ATTORNEY'S OFFICE IN DECEMBER 2021