Case Name Date Settled Amount Description Notes
SETTLEMENTS OVER $50,000 FINALIZED IN MAY 2022
No Settlements
to Report
Agenda Item #8.1
For the Council Meeting on: June 7, 2022
Case Number Full Case Name Status Category Case Description Case Notes Amount Claimed
Dismissed Date Settled Date Settlement
Amount
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; Hearing on City's Motion for
Attorney's Fees/Costs scheduled for
05/11/2022.
According to
Proof
SCV-265933 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-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; 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-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 08/18/2022.
According to
Proof
SCV-270140 People 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 6/7/2022.
LITIGATION AS OF MAY 27, 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 27, 2022
SCV-269762 Owners 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. Plaintiff has
requested an extension of time to
respond to written discovery, which was
granted. Trial set for 3/3/2023.
According to
Proof
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
Amended Complaint filed 2/25/2022;
City's Motion to Dismiss has been filed;
Initial Case Management Conference
scheduled for 7/26/2022.
According to
Proof
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; 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 10/02/2023.
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-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
has been vacated and Case Management
Conference scheduled for 07/12/2022.
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-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; Court denied UPA's Motion
for Summary Judgment/Adjudication;
Discovery is ongoing; Trial is set for
11/4/2022.
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
Fact and expert discovery has been
deemed closed by the trial court. Trial
continued to 03/10/2023.
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
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 27, 2022
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; 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-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.
This case settled at mediation on
04/27/2022.
According to
Proof
4/27/2022 $5,000.00
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 them 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. Dismissal with prejudice filed
5/5/2022.
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 - 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-269407 Linda 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 was dismissed by plaintiff and cross-
complainant after City provided
declaration stating the location of the
incident was not owned, maintained or
controlled by CSR.
According to
Proof
5/25/2022
SCV-269667 Sabrina 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. Defendant State of
California has not yet appeared in the
case.
SCV-269977 Antonia 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-270108 Andrew Gilmore, Deven Gilmore v. City of
Santa Rosa, Sonoma County and DOES 1-
100, inclusive
Active Personal Injury/Dangerous
Condition
Claimants allege that due to
dangerous conditions of
overcrossing, claimant's motorcycle
contacted debris, oil, fuel, and fluids
left behind by City maintenance
causing property damage and
personal injuries.
City will file a timely responsive pleading
and begin discovery.SCV-270376 Eve 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
Discovery underway. Initial case
management conference set for
07/14/2022.
SCV-270583 Karen 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
Discovery is underway. Initial case
management conference scheduled for
08/11/2022.
SCV-270785 Constance Brown v. City of Santa Rosa, and
DOES 1 to 10, inclusive
Active Personal Injury/Dangerous
Condition
Claimant alleges they tripped and
fell over raised slab while walking on
sidewalk
Case has just recently been filed. City's
response to complaint is due on 6/15/22.
Case Number Full Case Name Status Category Case Description Case Notes Amount Claimed
Dismissed Date Settled Date Settlement
Amount
LITIGATION AS OF MAY 27, 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 entered a no
contest plea in the criminal case,
however, she intends to file an appeal.
According to
Proof
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 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
SCV-270468 Maynard 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 filed a demurrer on 5/27/22.
Awaiting court order and hearing date on
demurrer.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-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
9/9/2022.
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; 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
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
A case management conference is set for
06/09/2022.
According to
Proof
WRIT OF MANDATE
POLICE ACTION
Claimant Name Date of Claim Date of Incident Claim Amount Location Description of Claim Guerrero, Tomas 5/3/2022 4/12/2022 TBD Parking lot of 3403 Santa Rosa Avenue
Claimant alleges their vehicle was struck by an
SRPD officer when exiting parking lot
NEW CLAIMS REFERRED TO THE CITY ATTORNEY'S OFFICE IN MAY 2022