Case Name Date Settled Amount Description Notes
SETTLEMENTS OVER $50,000 FINALIZED IN JULY 2022
No Settlements
to Report
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 granted.
According to
Proof
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 been
completed and the property has been
listed for sale; Receiver bringing forward
a Motion to confirm sale of the property.
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; Receivership pending.
According to
Proof
9/21/2021 $48,478.00
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
Dismissed Code
Enforcement/Receivership
Complaint and petition for
injunctive relief, abatement of
nuisance, appointment of receiver
and other equitable relief
Dismissal without prejudice filed
7/8/2022
According to
Proof
7/8/2022
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
rescheduled for 8/17/2022; Case
Management Conference scheduled for
9/27/2022.
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 and City's
Motion to Compel further discovery
responses is pending hearing date; Trial
set for 3/3/2023.
According to
Proof
GENERAL LITIGATION
LITIGATION AS OF JULY 29, 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 JULY 29, 2022
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 10/4/2022.
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 - Set
for Trial
General Litigation – Breach
of Contract
Allegation of Breach of Contract
arising out of public works
construction project
Preliminary discovery underway; possible
mediation; Trial set for 3/3/2023; 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 10/2/2023;
Plaintiffs have filed a Leave to Amend
their Complaint; the City filed its
Objection / Response to the proposed
amendments on 6/24/2022 and the
hearing on this motion is set for
8/18/2022; the next Case Management
Conference is set for 2/8/2023.
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 continued to 11/15/2022.
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
3:22-cv-3907
DMR
Jason H. Smith, Apogee Gardens, Inc. v.
Kelly Aboudara, City of Santa Rosa Code
Enforcement Officer, Mark Maystrovich,
City of Santa Rosa Code Enforcement
Officer, Does 1-50
Active General Litigation -
Constitutional and ADA
Alleged violation of 4th, 5th and
14th Amendments to US
Constitution.
Complaint served on 7/14/2022; Answer
to be filed 8/2/2022.
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/Adjudications;
Discovery is ongoing; Mediation is
scheduled for 8/31/2022; 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 3/10/2023.
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 JULY 29, 2022
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. A motion to
bifurcate liability and damages is pending.
According to
Proof
SCV-266515 John DeGroot v. City of Santa Rosa, and
DOES 1 to 10, Inclusive
Settled 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.
Parties have reached a settlement and an
Unconditional Notice of Settlement of
Entire Action has been filed with the
Court; matter stayed pending dismissal.
According to
Proof
7/12/2022 $5,000.00
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
Awaiting final settlement paperwork.
Plaintiffs have filed Notice of Settlement,
which dismisses all claims against the City
of Santa Rosa. Jury trial set for 8/26/2022
will be vacated.
According to
Proof
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 -
Pleadings
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-complaint
has been filed for indemnity and
contribution. Defendant State of
California has not yet appeared in the
case; Case Management Conference set
for 8/25/2022.
According to
Proof
SCV-269977 Antonia Ibarra v. Charles Robinson; The
City of Santa Rosa; and DOES 1-10
Active - Set
for Trial
Personal Injury/Dangerous
Condition
Claimant alleges they were injured
during collision with City vehicle
City has filed an Answer; Initial Case
Management Conference held on
5/31/2022; Trial set for 2/24/2023.
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
City will file a timely responsive pleading
and begin discovery.
According to
Proof
SCV-270376 Eve Goldberg v. City of Santa Rosa;
Argonaut Constructors, Inc. and DOES 1 to
30 Active - Set
for Trial
Personal Injury/Dangerous
Condition
Claimant alleges they tripped and
fell due to protrusion in roadway
Discovery underway. Trial set for
4/21/2023.
According to
Proof
SCV-270583 Karen Isabel Myers v. City of Santa Rosa,
Casey Costello, Jennifer Costello, and DOES
1 to 20
Active -
Discovery
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
8/11/2022.
According to
Proof
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
City has filed an Answer to the Complaint.
Initial Case Management Conference is
set for 9/13/2022.
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 entered a no
contest plea in the criminal case,
however, she intends to file an appeal.
According to
Proof
POLICE ACTION
Case Number Full Case Name Status Category Case Description Case Notes Amount Claimed
Dismissed Date Settled Date Settlement
Amount
LITIGATION AS OF JULY 29, 2022
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
The Court granted the City's Motion to
Dismiss in part on 7/29/2022; the Court
has allowed Plaintiff 21 days to amend his
Complaint in an effort to correct various
errors raised by the City; Plaintiff's
Amended Compalint is due by 8/19/2022.
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.
Case Dismissed without prejudice against
City of Santa Rosa and Santa Rosa Police
Dept. on 7/27/2022.
7/27/2022
SCV-270820 James Lindsey v. Santa Rosa Police
Department and Officers Jason Jucutan, T.
White, D. Schindler, B. Wright, J. Badger,
George Berg
Police Action Claimant alleges civil rights were
violated during arrest.
City filed Answer on 07/5/2022. According to
Proof
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. Case has been dismissed with
an appeal to follow.
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; Trial is set for
1/13/2023.; Summary Judgment motion
filed. MSJ hearing scheduled for
12/7/2022.
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 - Set
for Trial
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
Trial set for 3/3/2023; Plaintiff has
requested leave to file an amended
complaint.
According to
Proof
WRIT OF MANDATE
Claimant Name Date of Claim Date of Incident Claim Amount Location Description of Claim Jones, Eveline 6/28/2022 1/4/2022 to be determined Sidewalk in front of Finley Community
Center, 2060 W. College
Ave
Claimant alleges they suffered injuries when
they tripped and fell due to uneven sidewalk
Baxter, Bruce 7/12/2022 2/22/2022 Over $25,000 Sidewalk adjacent to 1002 McConnel Ave and
King Street, Santa Rosa
Claimant alleges they suffered injuries when
they tripped and fell due to uneven sidewalk
Schneider Electric 7/19/2022 9/30/2020 over $25,000 4305 Llano Rd, Sebastopol, CA
Claimant seeks contribution from City in
private wrongful death action arising out of
fatal accident at water treatment plant
Taylor, Kim 7/29/2022 7/22/2022 over $25,000 B Street & Third Street, Santa Rosa
Claimant alleges they suffered injuries when
they tripped and fell due to uneven sidewalk
NEW CLAIMS REFERRED TO THE CITY ATTORNEY'S OFFICE IN JULY 2022