Case Name Date SettledAmount Description Notes
SETTLEMENTS OVER $50,000 FINALIZED IN OCTOBER 2022
No Settlementsto Report
Case Number Full Case Name Status Category Case Description Case Notes Amount Claimed
Dismissed Date Settled Date Settlement
Amount
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; Receivership proceedings
underway in SCV-271361 to preserve
safety of neighborhood.
According to
Proof
9/21/2021 $48,478.00
SCV-265933People/City v. Davis Properties, A General
Partnership, American Savings Bank, Does
1-10
Active -
Discovery
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 brought forward
a Motion to confirm sale of the property.
The Receiver's Motion was granted as
unopposed on 9/21/2022. A further Case
Management Conference is set for
12/8/2022. Possible motion for fees and
costs, and completion of Receiver's final
report necessary before the matter can
be concluded.
According to
Proof
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 and City's
Motion to Compel further discovery
responses was continued and is set for
hearing on 1/11/2023; Trial continued
and now set for 11/3/2023.
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 - 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
C22-04753 JSCCynthia Bauer, George Solemnidad, Edward
Garcia, Michael Fenton, George Jago,
Michael Deegan, Linda Albright, Crystal
Kramer v. City of Santa Rosa, John Cregan,
Maraskeisha Smith, Megan Basinger, Chris
Rogers, Officer Moore, DOES 1-10 inclusive
Active -
Pleadings
General Litigation -
Constitutional and ADA
Complaint filed pursuant to 42 USC
1983 and ADA Title II with
emergency application for
temporary restraining order and
preliminary injunction to prevent
enforcement of parking and other
laws at the Corporate Center
Parkway Area
This case has been consolidated with the
Coser case; further Settlement
Conference is scheduled for 11/7/2022.
GENERAL LITIGATION
LITIGATION AS OF NOVEMBER 3, 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 NOVEMBER 3, 2022
3:22-cv-04488
SI
Robin Coser, Adan Alvarez, Forrest Jowler,
John Graham v. City of Santa Rosa, John
Cregan, Maraskeshia Smith, Megan
Basinger, Chris Rogers, Officer Moore, does
1-10 inclusive
Active -
Pleadings
General Litigation -
Constitutional and ADA
Complaint filed pursuant to 42 USC
1983 and ADA Title II with
emergency application for
temporary restraining order and
preliminary injunction to prevent
enforcement of parking and other
laws at the Corporate Center
Parkway Area
This case has been consolidated with the
Bauer case; further Settlement
Conference is scheduled for 11/7/2022.
CV 22-4284 SKDenise McCloud, Brian Bara, Kristopher
Anderson Francois, Mercedes Juanita
Flores, Tim Rucker, Wilbert Ray Fields, John
Clay v. County of Sonoma, County
Administrator Sheryl Bratton, Sonoma
County Regional Parks, Sonoma County
Regional Park Director Bert Whitaker, City
of Santa Rosa, City of Santa Rosa Manager
Maraskeshia Smith, DOES 1-10
Active -
Pleadings
General Litigation -
Constitutional and ADA
Complaint pursuant to 42 USC 1983
filed concurrently with emergency
application for temporary
restraining order and preliminary
injunction to prevent encampment
closure based upon notice issued by
Sonoma County officials
The Plaintiffs indicated their intent to
dismiss City Defendants from this lawsuit
in the Joint Case Status Report, filed on
09/26/2022.
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; the
next Case Management Conference is set
for 2/8/2023. The Court granted leave to
the Plaintiffs to file a Second Amended
Complaint and the City has filed its
Answer.
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
Settled General Litigation -
Constitutional and ADA
Alleged violation of 4th, 5th and
14th Amendments to US
Constitution.
Complaint served on 7/14/2022; City's
Answer filed 8/3/2022.; Settled on
9/16/2022 for $50,010; joint stipulation
for dismissal of entire action filed on
10/01/2022.
According to
Proof
10/1/2022 9/19/2022 $50,010.00
SCV-264359Sonoma Citizens for Transparency in
Government v City of Santa Rosa, County of
Sonoma
Settled 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;
Settlement Agreement finalized on
8/30/2022; City of Santa Rosa dismissed
on 9/27/2022.
According to
Proof
9/27/2022 8/30/2022 $12,031.50
SCV-271224STG Unocal Place v. City of Santa Rosa and
DOES 1 to 10
Active -
Discovery
General Litigation - Property
Damage
Plaintiff alleges property damage as
a result of flooding caused by the
negligence of CSR employees.
Plaintiff's Complaint was served on
08/11/2022; an Answer has been filed
and discovery has commenced; Case
Management Conference scheduled for
11/22/2022.
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
Case Number Full Case Name Status Category Case Description Case Notes Amount Claimed
Dismissed Date Settled Date Settlement
Amount
LITIGATION AS OF NOVEMBER 3, 2022
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.
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; Trial has been
continued to 2/17/2023.
According to
Proof
SCV-271238Cathleen Cisneros v. City of Santa Rosa,
Linda Corwin, and DOES 1 to 10
Active -
Discovery
Personal Injury/Dangerous
Condition
Claimant alleges they suffered
injuries when they hit a low hanging
tree branch hanging over sidewalk
City has filed an Answer and Cross-
Complaint; discovery has commenced;
Initial Case Management Conference is
set for 12/1/2022.
According to
Proof
SCV-270898Cindy Gemignani, as conservator of the
Estate of Daryl W. Titus v. City of Santa
Rosa, Jose Andrade and DOES 1-20
inclusive
Active -
Pleadings
Personal Injury/Dangerous
Condition
Claimant alleges they sufffered
injuries when struck by a vehicle
when an off duty SRPD officer
instructed him to cross street
Complaint has been served and an
Answer has been filed on behalf of City of
Santa Rosa and the officer; a Notice of
Petition to Release traffic collision report
has been served on minor driver and
anticipate plaintiff will serve additional
parties upon receipt of the traffic collision
report; Case Management Conference
set for 1/31/2023.
According to
Proof
SCV-270785Constance Brown v. City of Santa Rosa, and
DOES 1 to 10, inclusive
Active - Set
for Trial
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;
discovery is underway; Plaintiff's
deposition to be scheduled upon receipt
and review of subpoenaed records; Trial
set for 10/6/2023.
According to
Proof
SCV-270583Karen Isabel Myers v. City of Santa Rosa,
Casey Costello, Jennifer Costello, and DOES
1 to 20
Active - Set
for Trial
Personal Injury/Dangerous
Condition
Claimant alleges they fell as a result
of a dangerous condition on
sidewalk
City has filed an Answer to the Complaint
and a Cross-Complaint; further discovery
is underway; Plaintiff's deposition was
completed on 10/28/22; Trial set for
6/2/2023; the parties are working to
schedule a mediation in early January
2023.
According to
Proof
SCV-270376Eve Goldberg v. City of Santa Rosa;
Argonaut Constructors, Inc. and DOES 1 to
30 Settled Personal Injury/Dangerous
Condition
Claimant alleges they tripped and
fell due to protrusion in roadway
Argonaut, a named co-defendant and
party against whom the City filed a cross-
complaint, settled with the plaintiff for
$24,999; Plaintiff's dismissal filed on
9/28/2022.
According to
Proof
9/28/2022 8/25/2022 $0.00
SCV-270108Andrew Gilmore, Deven Gilmore v. City of
Santa Rosa, Sonoma County and DOES 1-
100, inclusive
Active - Set
for Trial
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 has filed an Answer to the Complaint;
discovery is underway; Initial Case
Management Conference completed;
Trial set for 9/8/2023.
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 NOVEMBER 3, 2022
SCV-269977Antonia 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; further discovery is
underway; Trial set for 2/24/2023.
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 -
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 has
commenced discovery; Cross-complaint
has been filed for indemnity and
contribution; Defendant State of
California has not yet appeared in the
case; City has served a CCP 998 for a
Waiver of Costs.
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
Settled Personal Injury/Dangerous
Condition
Dangerous condition of public
property and negligence
Ferrigno, a named co-defendant and
party against whom the City filed a cross-
complaint, settled with the plaintiff for
$25,000. The case against the City will be
dismissed with prejudice as part of the
global settlement agreement once all
outstanding lien issues are resolved
between Ferrigno and the plaintiff.
According to
Proof
SCV-265050Megan Marlow and Christian Andersen, as
successor-in-interest v City of Santa Rosa,
Chelino's Restaurant, DOES 1-50
Settled Personal Injury/Dangerous
Condition
Alleged Personal Injury; Wrongful
Death
The case has resolved and the Settlement
Agreement has been sent to Plaintiff for
review ($7,500 to Plaintiff); Notice of
Settlement of Entire Case was filed by
Plaintiff on 8/23/2022; dismissal pending.
According to
Proof
SCV-263791Meyer, Tessala Dakota v. City of Santa
Rosa, Does 1-20
Active - Set
for Trial
Personal Injury/Dangerous
Condition
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
Case Number Full Case Name Status Category Case Description Case Notes Amount Claimed
Dismissed Date Settled Date Settlement
Amount
LITIGATION AS OF NOVEMBER 3, 2022
3:22-cv-05270ANGELINA LOPEZ, individually and as
cosuccessor-
in interest to Decedent JORDON
PAS; E.L., individually and as co-successor-
in
interest to Decedent JORDON PAS; J.P.,
individually and as co-successor-in interest
to
Decedent JORDON PAS; NEYO ALVAREZ,
individually and as co-successor-in interest
to
Decedent JORDON PAS; SESERINA
ALVAREZ, individually and as co-successor-
in
interest to Decedent JORDON PAS; C.P.,
individually and as co-successor-in interest
to
Decedent JORDON PAS; D.P., individually
and
as co-successor-in interest to Decedent
JORDON PAS
Active -
Pleadings
Police Action Complaint alleges Violation of Civil
Rights, Excessive Force, Wrongful
Death, Negligence, Assault &
Battery, Violation of California Civil
Code §52.1, and Intentional
Infliction of Emotional Distress
Complaint served on defendant City of
Santa Rosa on 11/3/2022; responsive
pleading due on 11/28/2022.
According to
Proof
SCV-270820James Lindsey v. Santa Rosa Police
Department and Officers Jason Jucutan, T.
White, D. Schindler, B. Wright, J. Badger,
George Berg
Active -
Pleadings
Police Action Claimant alleges civil rights were
violated during arrest.
City's Answer filed on 7/5/2022. Initial
Case Management Conference is set for
1/17/2023.
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
The Court granted the City's Motion to
Dismiss in part on 7/29/2022; the Court
allowed Plaintiff until 9/19/2022 to file an
Amended Complaint, which Plaintiff has
failed to do; Order Dismissing case filed
by Judge on 11/1/2022.
According to
Proof
11/1/2022
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;
the matter remains stayed.
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 NOVEMBER 3, 2022
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 - 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
City filed an answer to Plaintiff's
Amended Complaint on 8/31/2022; Trial
set for 3/3/2023.
According to
Proof
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
Settled Writ of Mandate Complaint for injunctive, and
declaratory relief, and for writ of
mandate to compel production of
public records
City's Motion for Summary Judgment
hearing was scheduled for 12/7/2022;
Case settled 9/16/2022 for $40,990;
Dismissal filed 9/30/2022.
According to
Proof
9/30/2022 9/19/2022 $44,990.00
SCV-266092James L. Duncan v Sonoma Marin Area Rail
Transit District, City of Santa Rosa, County
of Sonoma
Stayed 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.
Judgment was entered by the Court
granting Defendant SMART District's
Motion for Summary Judgment on
7/19/2022; Plaintiff filed a Notice of
Appeal on 08/04/2022.
WRIT OF MANDATE
Claimant Name Date of Claim Date of Incident Claim Amount Location Description of Claim Mills, Allen 10/3/2022 7/26/2022 over $25,000 Santa Rosa Avenue & 763ft north of Hunter
Creek Trail
Claimant alleges injuries due to unsafe
conditions relating to no bike lane and lack of
street lights
Boccaleoni, Christopher 10/4/2022 5/26/2022 over $25,000 Joe Rodota Trail Claimant alleges injuries due to unsafe conditions relating to metal posts on trail
NEW CLAIMS REFERRED TO THE CITY ATTORNEY'S OFFICE IN OCTOBER 2022