Case Name Date Settled Amount Description Notes
Meyer, Tessala Dakota v. City of Santa
Rosa, Does 1-20
3/24/2023 $87,500 Judgment
(Verdict by Jury)
Claimant alleges SRPD officer
negligent in operation of
motorcycle which crashed into
occupied tent on Joe Rodota Trail
Trial held beginning 3/10/2023. After an
almost two week trial, Judgment awarded
to plaintiff in the amount of $350,000 with
$87,500 (25% liability) assigned to the City
and $262,500 (75% liability) assigned to a
third party Jose Vega whose negligent acts
caused (or substantially contributed to)
the collision and Plaintiff's injuries.
SETTLEMENTS OVER $50,000 FINALIZED IN MARCH 2023
Case Number Full Case Name Status Category Case Description Case Notes Amount Claimed Dismissed 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.
The Receiver's Motion for Order
Approving Final Report and Accounting,
Approving Fees and Expenses, Directing
Defendants to Pay Outstanding
Receivership Debts, Ratifying Acts of
the Receiver, and Discharging the
Receiver was granted on 3/1/2023; a
dismissal will shortly be filed by the City
to conclude the case.
According to Proof
SCV-273045 People of the State of California,
City of Santa Rosa v. The Testate
and Intestate Successors of
Norman Hartung, Deceased, and
all Persons Claiming by, Through,
or Under Such Decedent Any
Right, Title, Estate, Lien or
Interest in Real Property Known
as 642 Benjamins Road, Santa
Rosa, and Does 1-10
Active Code Enforcement/Receivership Receivership Complaint filed 3/13/2023; hearing date set for 5/24/2023; CMC scheduled
for 8/22/2023.
N/A
GENERAL LITIGATION
SCV-269762 Owners and Renters Rights
Association v. City of Santa Rosa
Active - Set for TrialGeneral 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 TrialGeneral Litigation – Breach of ContractAllegation 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; Mediation is in the process
of being scheduled; trial is scheduled
for 3/22/2024
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 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,
LITIGATION AS OF APRIL 14, 2023
Case Number Full Case Name Status Category Case Description Case Notes Amount Claimed Dismissed DateSettled DateSettlement Amount LITIGATION AS OF APRIL 14, 2023
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 - DiscoveryGeneral Litigation - Property DamagePlaintiff 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's motion for leave to file an
amended Complaint was granted; City
will file Answer to First Amended
Complaint shortly; Mediation is
scheduled for 05/01/2023.
According to Proof
SCV-272177 Mark Kimmel v. Wyatt Irrigation
Co, Phil Wyatt, Rita Wyatt, City
of Santa Rosa, DOES 1 to 20
Active - PleadingsGeneral Litigation - Property DamageAlleges 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; the City's has demurred to
the amended complaint, hearing on
which is set for 7/5/2023; There is an
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 TrialGeneral 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 was heard 4/5/2023; UPA's
motion opposing the good faith
settlement was denied and the good
faith settlement was confirmed on
4/11/2023; Trial has been continued to
7/28/2023.
According to Proof
PERSONAL INJURY
Case Number Full Case Name Status Category Case Description Case Notes Amount Claimed Dismissed DateSettled DateSettlement Amount LITIGATION AS OF APRIL 14, 2023
SCV-263791 Meyer, Tessala Dakota v. City of
Santa Rosa, Does 1-20
Active - Set for TrialPersonal Injury/Dangerous ConditionClaimant alleges SRPD officer negligent in operation of
motorcycle which crashed into
occupied tent on Joe Rodota
Trail
Trial held beginning 3/10/2023; After an
almost two week trial, Judgment
awarded to plaintiff in the amount of
$87,500.
According to Proof 87,500.00 $
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
Settled Personal Injury/Dangerous ConditionDangerous 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; Case has been
dismissed by all parties.
According to Proof 2/7/2023
Complaint
4/3/2023 Cross-
Complaint
1/23/2023 waiver of cost
SCV-269603 Leocha Metellus-McLemore v.
City of Santa Rosa, DOES 1 to 25
Active - PleadingsPersonal Injury/Dangerous ConditionClaimant alleges they suffered physical and emotional pain
during arrest.
Complaint reinstated; response to
complaint due on 4/21/2023.
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
Dismissed Personal Injury/Dangerous ConditionPlaintiff 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;
Plaintiff's attorney agreed to dismiss
City after a declaration of non-
involvement was provided; The
declaration was sent to plaintiff's
attorney on 3/27/2023, and the
dismissal as to the City only was filed
on 3/30/2023.
According to Proof 4/4/2023 4/3/2023
SCV-269977 Antonia Ibarra v. Charles
Robinson; The City of Santa Rosa;
and DOES 1-10
Settled Personal Injury/Dangerous ConditionClaimant alleges they were injured during collision with
City vehicle
City has reached an unconditional
settlement with Plaintiff for $13,500 on
2/23/2023; pending finalization of
settlement agreement with dismissal to
follow.
According to Proof
SCV-270108 Andrew Gilmore, Deven Gilmore
v. City of Santa Rosa, Sonoma
County and DOES 1-100, inclusive
Dismissed Personal Injury/Dangerous ConditionClaimants allege that due to dangerous conditions of
overcrossing, claimant's
motorcycle contacted debris,
oil, fuel, and fluids left behind
by City maintenance causing
property damage and personal
injuries.
Plaintiffs filed a dismissal of the action
on or about 2/17/2023 as to City; the
entire action was dismissed on
3/9/2023.
According to Proof 3/9/2023
SCV-270583 Karen Isabel Myers v. City of
Santa Rosa, Casey Costello,
Jennifer Costello, and DOES 1 to
20 Settled Personal Injury/Dangerous ConditionClaimant alleges they fell as a result of a dangerous condition
on sidewalk
Case was resolved at mediation and the
case was dismissed with prejudice on
2/28/2023.
According to Proof
3,000.00$
Case Number Full Case Name Status Category Case Description Case Notes Amount Claimed Dismissed DateSettled DateSettlement Amount LITIGATION AS OF APRIL 14, 2023
SCV-270785 Constance Brown v. City of Santa
Rosa, and DOES 1 to 10, inclusive
Active - Set for TrialPersonal Injury/Dangerous ConditionClaimant alleges they tripped and fell over raised slab while
walking on sidewalk
City mediated this case on 4/6/2023;
case did not settle; initial written
discovery has been completed and
Plaintiff's deposition was taken on
2/21/2023; 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 - PleadingsPersonal Injury/Dangerous ConditionClaimant 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 on 05/2/2023 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 - Set for TrialPersonal Injury/Dangerous ConditionPlaintiff 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 - PleadingsPersonal Injury/Dangerous ConditionPlaintiff alleges they tripped and fell over a cut-down street
sweeping sign
City has filed an Answer and cross-
complaint against the adjacent
property owner; discovery has
commenced; Case Management
Conference set for 05/23/2023.
According to Proof
SCV-272128 Bruce Baxter v. City of Santa
Rosa, Steven R. Savage, and
DOES 1 to 100 inclusive
Active - PleadingsPersonal Injury/Dangerous ConditionPlaintiff alleges they suffered injuries when they tripped and
fell due to uneven sidewalk
Answer has been filed and discovery
has commenced. Plaintiff filed a First
Amended Complaint naming a new
property owner as a second defendant;
defendant Savage will be dismissed; An
Answer to the FAC will be filed shortly;
The April Case Management
Conference has been continued to July
6, 2023.
According to Proof
SCV-272148 Tomas Guerrero v. City of Santa
Rosa, Santa Rosa Police
Department, Jonathan Morgan,
and Does 1-10
Active - DiscoveryPersonal 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; initial written
discovery is underway.
According to Proof
SCV-272343 Kim Taylor v. City of Santa Rosa
and Does 1-10
Active - DiscoveryPersonal Injury/Dangerous ConditionPlaintiff 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; the City filed
its answer and ROE Cross-Complaint on
3/8/2023; there is an initial Case
Management Conference scheduled for
6/8/2023; initial written discovery is
underway.
According to Proof
SCV-272486 Eveline Jones v. City of Santa
Rosa; and DOES 1 to 50, inclusive
Active - PleadingsPersonal Injury/Dangerous ConditionPlaintiff 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; The City has
met and conferred with Plaintiff in
advance of demurrer, and Plaintiff has
agreed to file a First Amended
Complaint, which has yet to be filed or
served on the City; an initial Case
Management Conference is scheduled
for 6/20/2023.
According to Proof
Case Number Full Case Name Status Category Case Description Case Notes Amount Claimed Dismissed DateSettled DateSettlement Amount LITIGATION AS OF APRIL 14, 2023
SCV-272623 Sandra Shelley v. The Villages at
Wild Oak Association, City of
Santa Rosa, and DOES 1- to 25
Active - PleadingsPersonal Injury/Dangerous ConditionClaimant alleges injuries due to trip & fall on raised manhole
cover
The City was served with the summons
and complaint on 3/10/2023, and has
met and conferred with Plaintiff
concerning the sufficiency of pleading,
in advance of possible demurrer.
According to proof
SCV-272834 Christopher Boccaleoni v. County
of Sonoma, City of Santa Rosa,
and Does 1-10
Active - PleadingsPersonal Injury/Dangerous ConditionClaimant alleges injuries due to unsafe conditions relating to
metal posts on the Joe Rodota
Trail
An Answer has been prepared for filing;
written discovery has also been
prepared and will be served shortly; a
Case Management Conference is
scheduled for 07/25/2023.
POLICE ACTION
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;
Active - Set for TrialPolice 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; discovery is
underway; settlement conference
scheduled for 6/13/2023; Trial
scheduled for 8/19/2024.
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
5/9/2023.
According to Proof
Case Number Full Case Name Status Category Case Description Case Notes Amount Claimed Dismissed DateSettled DateSettlement Amount LITIGATION AS OF APRIL 14, 2023
WRIT OF MANDATE
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.
Complaint served on defendant City of
Santa Rosa and Santa Rosa City Council
on 3/02/2023; request to prepare
Administrative Record received on
3/29/2023.
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 TrialWrit 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 5/24/2023; Trial set
for 9/8/2023.
According to Proof
Claimant Name Date of Claim Date of Incident Claim Amount Location Description of Claim Jacobs, Amy 3/16/2023 11/16/2022 to be determined Neotomas Avenue, Santa Rosa Claimant alleges claimant's vehicular home was illegally seized by the SRPD
Hundley, Jared 3/29/2023 11/22/2022 South Davis Street, near 101 overpass
Claimant alleges civil rights violations due to removal of claimant's personal property
NEW CLAIMS REFERRED TO THE CITY ATTORNEY'S OFFICE IN MARCH 2023