Case Name Date SettledAmount Description Notes
Robert Casey, an individual, v. City of
Santa Rosa; and DOES 1-50, inclusive
3/10/2022
(Dismissed on
5/2/2022)
$55,000.00 Plaintiff alleges violation of federal
civil rights during arrest.
Conditional settlement reached at
Settlement Conference on 12/02/2021
and final settlement agreement with the
City for $55,000 payable to plaintiff was
executed on 3/10/2022 with additional
$55,000 payable by County; Stipulation
and Order to Dismiss Defendants (CSR)
signed by Judge on 5/2/2022.
SETTLEMENTS OVER $50,000 FINALIZED IN APRIL/MAY 2022
Case Number Full Case Name Status Category Case Description Case Notes Amount Claimed
Dismissed Date Settled Date Settlement
Amount
MCV-252325People 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; Hearing on City's Motion for
Attorney's Fees/Costs scheduled for
05/11/2022.
According to
Proof
SCV-265933People/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 been
completed and the property has been
listed for sale.
According to
Proof
SCV-268150People 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; additional
costs of cleanup and sale according to
proof; Case Management Conference
scheduled for 3/22/2022. City is
requesting dismissal.
According to
Proof
9/21/2021
SCV-268254People 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 08/18/2022.
According to
Proof
SCV-270140People of the State of California, City of
Santa Rosa v. Paul and Annette Heidecker,
The Bank of New York Mellon, FKA The
Bank of New York, Does 1-10
Active Code
Enforcement/Receivership
Complaint and petition for
injunctive relief, abatement of
nuisance, appointment of receiver
and other equitable relief
Complaint and Petition have been served.
Hearing on Appointment of Receiver
scheduled for 5/4/2022.
LITIGATION AS OF MAY 4, 2022
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 MAY 4, 2022
SCV-269762Owners and Renters Rights Association v.
City of Santa Rosa
Active - Set
for Trial
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;
discovery has commenced. Trial set for
3/3/2023.
According to
Proof
3:21-cv-06179David C. Rosas v. City of Santa Rosa, et alActive - Pleadings
General Litigation – ADA Complaint of disability
discrimination in violation of ADA,
California Unruh Act, Malicious
Prosecution Rico Act, Second
Amendment, Fourteenth
Amendment
Amended Complaint filed 2/25/2022;
City's Motion to Dismiss has been filed;
Initial Case Management Conference
scheduled for 5/24/2022.
According to
Proof
SCV-265333Bay 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; Absent mediated settlement,
three to five week trial anticipated.
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
Active - Set
for Trial
General Litigation -
Constitutional and ADA
Complaint for Declaratory Relief and
Injunctive Relief (homeless
encampments)
Jury trial has been set for 09/18/2023.
Plaintiffs have advised that they intend to
amend their complaint, and the judge has
ordered that the plaintiffs' motion for
leave to amend the complaint be filed by
06/10/2022. The next Case Management
Conference is set for 02/08/2023.
SCV-264359Sonoma 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
has been vacated and Case Management
Conference scheduled for 5/10/2022.
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.
According to
Proof
SCV-264530David 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; Court denied UPA's Motion
for Summary Judgment/Adjudication;
Discovery is ongoing; Trial is set for
11/4/2022.
According to
Proof
SCV-263791Meyer, 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-265050Megan 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
GENERAL LITIGATION
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 MAY 4, 2022
SCV-266515John 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; Two of the three property
owners have filed Answers to City's Cross-
Complaint; third property owner has
been dismissed without prejudice;
Plaintiff's deposition has been completed
and mediation will be scheduled.
According to
Proof
SCV-267799Lisa 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.
This case settled at mediation on
04/27/2022.
According to
Proof
4/27/2022 $5,000.00
SCV-268574Matthew 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 and since withdrawn;
First Amended Complaint filed
02/04/2022. Demurrer to First Amended
Complaint filed on 3/14/2022.
According to
Proof
SCV-269190Carlos 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 - Set
for Trial
Personal Injury/Dangerous
Condition
Dangerous condition of public
property and negligence
Written discovery underway; Set for jury
trial for 8/26/2022.
According to
Proof
SCV-269407Linda Jennings, v. City of Santa Rosa,
County of Sonoma and DOES 1 to 20
Active -
Discovery
Personal Injury/Dangerous
Condition
Plaintiff was hit by car and alleges
defects in the roadway caused
dangerous conditions resulting in
bodily injuries
City's Answer filed; County was served
with a complaint and has filed an Answer;
City has cross-complained against third-
party driver and County; plaintiff has
agreed to dismiss City, as the property is
owned by County.
According to
Proof
SCV-269667Sabrina Jones, an individual, v. City of
Santa Rosa, a public entity; Sonoma
County, a public entity; California Highway
Patrol, a public entity; John Doe, an
individual; and DOES 1 to 50. inclusive
Active Personal Injury/Dangerous
Condition
Plaintiff alleges she sustained
injuries when her trailer was
impacted by a Sonoma County
Sheriff's Office patrol vehicle.
City has filed an Answer and will
commence discovery; Cross-complaints
to be considered.
SCV-269977Antonia Ibarra v. Charles Robinson; The
City of Santa Rosa; and DOES 1-10
Active -
Pleadings
Personal Injury/Dangerous
Condition
Claimant alleges they were injured
during collision with City vehicle
City has filed an Answer; Initial Case
Management Conference set for
5/31/2022.
According to
Proof
SCV-270376Eve Goldberg v. City of Santa Rosa;
Argonaut Constructors, Inc. and DOES 1 to
30 Active Personal Injury/Dangerous
Condition
Claimant alleges they tripped and
fell due to protrusion in roadway
City filed Answer on 04/15/2022.
Discovery underway. Initial case
management conference set for
07/14/2022.
SCV-270583Karen Isabel Myers v. City of Santa Rosa,
Casey Costello, Jennifer Costello, and DOES
1 to 20
Active Personal Injury/Dangerous
Condition
Claimant alleges they fell as a result
of a dangerous condition on
sidewalk
Case has just been filed. The City's
response to the complaint is due on
05/19/2022.
Case Number Full Case Name Status Category Case Description Case Notes Amount Claimed
Dismissed Date Settled Date Settlement
Amount
LITIGATION AS OF MAY 4, 2022
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; Appellant's Petition to
Transfer the appeal to the 1st District
Court of Appeal was untimely and her
criminal case is now proceeding; civil case
has been continued to allow for
resolution of the criminal matter.
According to
Proof
3:21-cv-06890Robert 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 2nd Motion to Dismiss for Failure to
State a Claim has been filed and was
scheduled to be heard on 3/17/2022;
Judge dropped the hearing from calendar
and we are awaiting his ruling.
According to
Proof
4:18-cv-07731
KAW
Robert Casey, an individual, v. City of Santa
Rosa; and DOES 1-50, inclusive
Active Police Action Plaintiff alleges violation of federal civil rights during arrest.
Conditional settlement reached at
Settlement Conference on 12/02/2021
and final settlement agreement with the
City for $55,000 payable to plaintiff was
executed on 3/10/2022 with additional
$55,000 payable by County; Stipulation
and Order to Dismiss Defendants (CSR)
signed by Judge on 5/2/2022.
According to
Proof
5/2/2022 3/9/2022 $55,000.00
SCV-270468Maynard P. Buskirk v. Clarisa Pieri (aka
Cody Pieri), an individual; City of Santa
Rosa, a public entity; Santa Rosa City
Schools, a public entity; Santa Rosa Police
Department, a public entity; and does 1
through 10, inclusive
Active Police Action Claimant alleges false statements
and conspiracy by and between
SRPD and Santa Rosa City Schools
caused him financial disaster and
mental anguish.
City intends to file a demurrer if Plaintiff
does not dismiss the case against the
City. Demurrer is due 05/27/2022.
SCV-266092James 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-268751Apogee 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; Plaintiff's counsel
filed an ex parte application to continue
the trial which has been approved and is
now set for 11/4/2022.
According to
Proof
WRIT OF MANDATE
POLICE ACTION
Case Number Full Case Name Status Category Case Description Case Notes Amount Claimed
Dismissed Date Settled Date Settlement
Amount
LITIGATION AS OF MAY 4, 2022
SCV-269600Roseland 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; on 1/25/2022 council
rescinded all project approvals and
thereby rendered the lawsuit moot.
Stipulation for dismissal of case and
settlement of attorneys' fees was filed
and Order of the Court entered on
4/5/2022 for Dismissal and Attorneys'
Fees of $39,777.
4/5/2022 4/5/2022 $39,777.00
SVC-268752Western 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
A case management conference is set for
06/09/2022.
According to
Proof
Claimant Name Date of Claim Date of Incident Claim Amount Location Description of Claim Hiller, Karin 4/15/2022 4/2/2022 TBD Sidewalk in front of 800 4th St, Santa Rosa
Claimant alleges they tripped and fell over
uneven pavement
NEW CLAIMS REFERRED TO THE CITY ATTORNEY'S OFFICE IN APRIL 2022