Case Name Date Settled Amount Description Notes
SETTLEMENTS OVER $50,000 FINALIZED IN JANUARY 2023
No
settlements to report
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 was heard on 1/18/2023; 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 and City's
Motion to Compel further discovery
responses was granted and sanctions
were ordered; plaintiff has failed to
timely serve responses pursuant to
Court's Order; a second motion to
compel will be filed; Trial is 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.
Mediation is in the process of being
scheduled.
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 6/7/2023; 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
Dismissed 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 was set for
2/13/2023 on Plaintiffs' motion for a
preliminary injunction; Plaintiffs
dismissed case without prejudice on
1/6/2023.
1/6/2023
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
Dismissed 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 was set for
2/13/2023 on Plaintiffs' motion for a
preliminary injunction; Plaintiffs
dismissed case without prejudice on
1/6/2023
1/6/2023
GENERAL LITIGATION
LITIGATION AS OF FEBRUARY 16, 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 FEBRUARY 16, 2022
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
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. New Case
status Conference filed on 1/28/2023
indicating plaintiffs would dismiss City of
Santa Rosa by 2/3/2023 but so far it has
not been done.
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; plaintiff
has filed for leave to amend complaint;
The parties are in the process of
scheduling mediation.
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 Litigaiton - Property
Damage
Alleges vehicle damage due to
driving into drainage ditch along
Yolanda Ave at entrance into Wyatt
Irrigation Co.
Plaintiff filed an amended complaint on
2/17/2023; initial Case Management
Conference scheduled for 4/27/2023.
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.
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; Although global
mediation has been unsuccessful, City
and Plaintiffs have separately reached a
tentative settlement, which, if approved
by the Court, would resolve the case as to
the City. (Litigation would continue
between Plaintiffs and UPA alone.)
Plaintiffs filed a motion for Court
approval of the settlement as a good faith
settlement, which UPA has opposed;
Hearing on the good faith settlement has
been set for April 5, 2023; Trial has been
continued to 7/28/2023.
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 FEBRUARY 16, 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; City
has a motion to compel discovery
responses from plaintiff currently on
calendar; Plaintiff's attorney has filed a
motion to be relieved as counsel.
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. Plaintiffs filed a dismissal of
the action on or about 2/17/2023.
Awaiting Court confirmation of dismissal.
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; further discovery
is underway; Plaintiff's deposition was
completed on 10/28/2022; Trial set for
6/2/2023; Mediation set for 1/3/2023;
Case was resolved at mediation and the
parties are preparing release agreements
and will thereafter be filing dismissals.
According to
Proof
$3,000.00
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
Case Number Full Case Name Status Category Case Description Case Notes Amount Claimed
Dismissed Date Settled Date Settlement
Amount
LITIGATION AS OF FEBRUARY 16, 2022
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; discovery has
commenced; The matter has been set for
further Case Management Conference in
order to allow plaintiff additional time to
serve co-defendant with the Complaint.
According to
Proof
SCV-271238 Cathleen Cisneros v. City of Santa Rosa,
Linda Corwin, and DOES 1 to 10
Active -
Discovery
Personal Injury/Dangerous
Condition
Plaintiff 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 was held
2/9/2023. Trial has been set for
2/23/2024.
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
Plaintiff alleges they tripped and fell
over a cut-down street sweeping
sign
City has filed an Answer and discovery
has commenced; Case Management
Conference set for 5/23/2023.
According to
Proof
SCV-272128 Bruce Baxter v. City of Santa Rosa, Steven
R. Savage, and DOES 1 to 100 inclusive
Active -
Pleadings
Personal Injury/Dangerous
Condition
Plaintiff alleges they suffered
injuries when they tripped and fell
due to uneven sidewalk
Answer has been filed and discovery has
commenced. Case Management
Conference set for 4/13/2023.
According to
Proof
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
plaintiff's vehicle
City filed its Answer on 2/15/2023. The
initial Case Management Conference is
scheduled for 4/18/2023.
According to
Proof
SCV-272343 Kim Taylor v. City of Santa Rosa and Does 1- 10 Active -
Pleadings
Personal Injury/Dangerous
Condition
Plaintiff alleges they suffered
injuries when they tripped and fell
due to uneven sidewalk
Complaint served on defendant City of
Santa Rosa on 2/8/2023; initial Case
Management Conference scheduled for
6/8/2023.
According to
Proof
SCV-272486 Eveline Jones v. City of Santa Rosa; and
DOES 1 to 50, inclusive
Active -
Pleadings
Personal Injury/Dangerous
Condition
Plaintiff alleges they suffered
injuries when they tripped and fell
due to uneven sidewalk
Complaint served on defendant City of
Santa Rosa on 2/10/2023; initial Case
Management Conference scheduled for
6/20/2023.
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
POLICE ACTION
Case Number Full Case Name Status Category Case Description Case Notes Amount Claimed
Dismissed Date Settled Date Settlement
Amount
LITIGATION AS OF FEBRUARY 16, 2022
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 capacity as a Police Officer for the
CITY OF SANTA ROSA; FRANK SEDENO,
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. Plaintiffs filed a
First Amended Complaint in response to
the City's 12(c) Motion. City filed its
Answer to the operative pleading on
1/17/2023. The initial CMC is scheduled
for 2/23/2023.
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; CMC continued to 5/9/2023.
According to
Proof
SCV-272167 Christopher Vickery v. Luigi Valencia,
George Pulis, Kaiser Foundation Health
Plan, Inc., and DOES 1-50, inclusive
Active -
Pleadings
Police Action Complaint for alleged violation of
civils rights
City filed a demurrer to Complaint based
on plaintiff's failure to file a government
tort claim; Hearing was set for May, 2023;
Plaintiff filed a dismissal without
prejudice in response.
According to
Proof
2/14/2023
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
Claimant Name Date of Claim Date of Incident Claim Amount Location Description of Claim Piazza, Eugene 12/14/2022 6/15/2022 To be determined
Family Law Courthouse, 3055
Cleveland Ave
Claimant alleges they sustained injuries while improperly handcuffed in back seat of police vehicle
Altamirano, Erika 12/15/2022 10/22/2022 over $25,000 Finley Community Center Claimant alleges excessive force by SRPD officer that
resulted in bodily injuries
Perez, Jason 1/12/2023 8/1/2022 over $25,000
Hearn Ave and Dutton Ave,
Santa Rosa
Claimant alleges Piner Olivet School District bus struck him while riding his bike
Beanchamp, Dedria 2/3/2023 8/22/2022 over $25,000 1111 14th St, Santa Rosa Claimant alleges the City is responsible for placing her mother in housing complex and for authorizing the
inspection where the power was turned off, resulting in mother's death
Moeller, Adam 2/8/2023 12/23/2022 over $25,000
Sonoma Avenue, 90ft of
Hahman Drive
Claimant alleges CityBus employee made unsafe turn
causing collision with claimant's vehicle, resulting in injuries
Aguilera, Josefina Moreno 2/9/2023 11/25/2022 over $25,000 B Street near 3rd Street, Santa
Rosa
Claimant alleges CityBus employee negligently operated
their vehicle causing collision with claimant's vehicle, resulting in injuries
NEW CLAIMS REFERRED TO THE CITY ATTORNEY'S OFFICE IN JANUARY 2023