Case Number Full Case Name Status Category Case Description Case Notes Amount Claimed
Dismissed Date Settled Date Settlement
Amount
SCV‐265933 People/City v. Davis Properties, A General
Partnership, American Savings Bank, Does
1‐10
Settled 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
sold; The Receiver is preparing a Final
Accounting and Report, after which the
matter will be concluded; Receiver's
Motion Approving Final Report and
Accounting is set for 1/18/23; a further
Case Management Conference re:
dismissal is set for 3/2/2023.
According to
Proof
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; City's
Motion to Compel further discovery
responses was granted on 1/11/2023;
Trial continued and now set for
11/3/2023.
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; Absent mediated
settlement, three to five week trial
anticipated; Case Management
Conference set for 3/23/2023 for
resetting date of jury trial.
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; 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. Discovery has
commenced and is ongoing,
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. A hearing had been set for
2/13/2023 on Plaintiffs' motion for a
preliminary injunction, but Plaintiffs
have now filed for dismissal of the case
without prejudice. Waiting for Federal
Judge to issue formal Dismissal closing
case.
GENERAL LITIGATION
LITIGATION AS OF JANUARY 12, 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 JANUARY 12, 2022
C22‐04753 JSC Cynthia 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. A hearing had been set for
2/13/2023 on Plaintiffs' motion for a
preliminary injunction, but Plaintiffs have
now filed for dismissal of the case
without prejudice. Waiting for Federal
Judge to issue formal Dismissal closing
case.
CV 22‐4284 SK Denise 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
by 12/16/2022 per the Joint Case Status
Report, filed on 11/11/2022.
SCV‐271224 STG 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; Next
CMC scheduled for 5/24/23.
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‐272177 Mark Kimmel v. Wyatt Irrigation Co, Phil
Wyatt, Rita Wyatt, City of Santa Rosa,
DOES 1 to 20
Active ‐
Pleadings
General Litigation ‐ Property
Damage
Alleges vehicle damage due to
driving into drainage ditch along
Yolanda Ave at entrance into Wyatt
Irrigation Co.
Plaintiff's complaint was served on
01/10/2023; response from City to be
filed timely.
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.
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 has
been unsuccessful; Trial has been
continued to 2/17/2023. Tentative
settlement wth Plaintiffs has been
reached, but is subject to Court
approval.
According to
Proof
SCV‐263791 Meyer, 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
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 JANUARY 12, 2022
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
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‐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 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 an offer to
compromise for a waiver of costs.
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; further discovery is pending
completion; 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 ‐ 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;
motion to compel Plaintiff's discovery
responses set for hearing on 3/1/2023;
Trial set for 9/8/2023.
According to
Proof
SCV‐270583 Karen Isabel Myers v. City of Santa Rosa,
Casey Costello, Jennifer Costello, and
DOES 1 to 20
Settled 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; Trial
set for 6/2/2023; Case was resolved at
mediation on 1/3/23; The parties are
preparing release agreements and will
thereafter be filing dismissals.
According to
Proof
SCV‐270785 Constance 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‐270898 Cindy 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 suffered
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 filed with the juvenile court;
anticipate plaintiff will serve additional
parties upon receipt of the traffic
collision report. Case Management
Conference set for 1/31/2023.
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 JANUARY 12, 2022
SCV‐271238 Cathleen 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; all parties have appeared and
discovery has commenced; Initial Case
Management Conference is set for
2/9/2023.
According to
Proof
SCV‐271731 Paula Littleton v. City of Santa Rosa,
Hanna Holdings LLC, and Does 1‐10
Active ‐
Pleadings
Personal Injury/Dangerous
Condition
Claimant alleges they tripped and
fell over a cut‐down street
sweeping sign
Complaint recently served. 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 JANUARY 12, 2022
SCV‐272148 Tomas Guerrero v. City of Santa Rosa,
Santa Rosa Police Department, Jonathan
Morgan, and Does 1‐10
Active ‐
Pleadings
Personal Injury/Dangerous
Condition
Alleges police officer failed to yield
right of way and collided with
claimant's vehicle
Complaint recently 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 entered a no
contest plea in the criminal case,
however, she intends to file an appeal;
the matter remains stayed.
According to
Proof
3:22‐cv‐05270 ANGELINA 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, vs.
CITY OF SANTA ROSA, municipal
corporation; MATTHEW CROSBIE,
individually and in his capacity as a Police
Sergeant for the CITY OF SANTA ROSA;
JONATHAN MORGAN, individually and in
his official capacity as a Police Officer for
the CITY OF SANTA ROSA; ROBERT
MOORE, individually and in his official
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. The City's
12(c) motion on the pleadings has been
filed and was set for hearing on
1/19/2023. In response to City's motion,
Plaintiffs have filed Amended Complaint
significantly narrowing issues to be
litigated. City will file timely answer.
According to
Proof
SCV‐270820 James 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
POLICE ACTION
Case Number Full Case Name Status Category Case Description Case Notes Amount Claimed
Dismissed Date Settled Date Settlement
Amount
LITIGATION AS OF JANUARY 12, 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
Case Number Full Case Name Status Category Case Description Case Notes Amount Claimed
Dismissed Date Settled Date Settlement
Amount
LITIGATION AS OF JANUARY 12, 2022
SCV‐266092 James 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.
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
City filed an answer to Plaintiff's
Amended Complaint on 8/31/2022;
Motion for Summary Judgment filed and
hearing set for 3/15/2023; Trial set for
3/3/2023.
According to
Proof
WRIT OF MANDATE