Case Name Date SettledAmount Description Notes
SETTLEMENTS OVER $50,000 FINALIZED IN FEBRUARY 2023
Nosettlements to report
Case NumberFull Case Name Status Category Case Description Case Notes Amount ClaimedDismissed DateSettled DateSettlement Amount
CODE ENFORCEMENT/RECEIVERSHIP
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
GENERAL LITIGATION
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 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-VCNicholle 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 TrialGeneral Litigation - Constitutional and ADAComplaint 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,
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 - PleadingsGeneral Litigation - Constitutional and ADAComplaint 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; Mediation is scheduled for May 1st.
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 filed an amended complaint on
2/17/2023; initial Case Management Conference
scheduled for 4/27/2023.
According to Proof
ED CV06-0055-GWUnited 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
LITIGATION AS OF MARCH 3, 2023
Case NumberFull Case Name Status Category Case Description Case Notes Amount ClaimedDismissed DateSettled DateSettlement Amount LITIGATION AS OF MARCH 3, 2023
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
PERSONAL INJURY/DANGEROUS CONDITION
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
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-269603 Leocha Metellus-McLemore v. City of
Santa Rosa, DOES 1 to 25
Active - Pleadings Personal Injury/Dangerous Condition Claimant alleges they suffered physical and emotional pain during arrest.
Hearing on Motion to Set Aside Dismissal is set for
3/22/23.
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 reached an unconditional settlement with
Plaintiff for $13,500 on 2/23/2023; pending
finalization of settlement with dismissal to follow.
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 2/17/23. 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
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
Case NumberFull Case Name Status Category Case Description Case Notes Amount ClaimedDismissed DateSettled DateSettlement Amount LITIGATION AS OF MARCH 3, 2023
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 2/23/24.
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 May 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 April 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 ConditionAlleges 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-272343Kim 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
POLICE ACTION
3:19-cv-02450-VCDebra 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 capacity as a Police Officer
for the CITY OF SANTA ROSA; FRANK
SEDENO, individually and in his official
capacity as a Police Officer for the CITY
OF SANTA ROSA; and DOES 1-50,
inclusive
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
WRIT OF MANDATE
Case NumberFull Case Name Status Category Case Description Case Notes Amount ClaimedDismissed DateSettled DateSettlement Amount LITIGATION AS OF MARCH 3, 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.
SCV-272714 Airport Business Center, a California
limited partnership v. City of Santa Rosa;
City Council of the City of Santa Rosa;
and DOES 1 through 25, inclusive
Active - Pleadings Writ of Mandate Writ of Mandate and Complaint for Declaratory and Injunctive Relief relating
to designation of a parking garage (Garage
5) as surplus property under Surplus Land
Act.
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
City filed an answer to Plaintiff's Amended
Complaint on 8/31/2022; Motion for Summary
Judgment filed and hearing set for 3/29/2023; Trial
set for 9/8/23.
According to Proof
Claimant Name Date of Claim Date of Incident Claim Amount Location Description of Claim 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 FEBRUARY 2023