Case Name Date Settled Amount Description Notes
SETTLEMENTS OVER $50,000 FINALIZED IN APRIL 2023
No settlements to report
Claimant Name Date of Claim Date of Incident Claim Amount Location Description of Claim Belluomini, Michael 1/12/2023* 1/4/2023 to be determined 4055 Santa Rosa Avenue,
Friedman's Parking Lot
Claimant alleges that City vehicle struck his car while parked in parking lot.
* Claim escalated to the City Attorney's Office on 5/10/2023.
NEW CLAIMS REFERRED TO THE CITY ATTORNEY'S OFFICE IN APRIL 2023 Case Number Full Case Name Status Category Case Description Case Notes Amount Claimed Dismissed Date Settled Date Settlement Amount
CODE ENFORCEMENT/RECEIVERSHIP
SCV-265933 People/City v. Davis Properties, A General Partnership, American Savings Bank, Does 1-10
Dismissed 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; case was dismissed without
prejudice on 4/19/2023.
According to Proof 4/19/2023
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
Dismissed 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 agreed to pay the
sanctions and dismiss their case without
prejudice; The Request for Dismissal was
filed on 04/25/2023; Sanctions have been
paid and Dismissal was entered by the
Court on 05/10/2023.
According to Proof 5/10/2023
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;
Mediation scheduled for 6/05/2023; 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 Trial General Litigation - Constitutional and ADA Complaint for Declaratory Relief and Injunctive Relief (homeless
encampments)
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 - 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. Next status
report is due on 6/2/2023. Awaiting
dismissal by Plaintiffs prior to that next
date.
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's
motion for leave to file an amended
Complaint was granted; The parties
successfully mediated the case on May 1,
2023, with proposed settlement subject to
Council approval; Matter is scheduled to
be brought to Council in closed session on
May 23, 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 - 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; the City has demurred to the
amended complaint, hearing on which is
set for 7/5/2023; There is an initial Case
Management Conference scheduled for
7/27/2023.
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
LITIGATION AS OF MAY 12, 2023
Case Number Full Case Name Status Category Case Description Case Notes Amount Claimed Dismissed Date Settled Date Settlement Amount LITIGATION AS OF MAY 12, 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 involving all parties was
unsuccessful; Court granted UPA's motion
for summary judgment on equitable
indemnity; Court overruled UPA's
demurrer to City's cross-complaint for
contractual indemnity, thereby leaving the
City's claims for indemnity in place; Court
denied UPA's second 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 opposed;
After a full hearing on the good faith
settlement, the Court issued an order on
4/11/2023, denying UPA's motion
opposing the good faith settlement and
affirmed the propriety of the good faith
settlement between the City and the
Plaintiffs; UPA has filed a writ in response
to the Court's ruling. Trial has been
continued to 7/28/2023, but will likely be
continued again, to allow UPA's writ to be
heard
According to Proof
PERSONAL INJURY
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.
Initial case management conference set for
7/13/2023.
According to proof
SCV-269977 Antonia Ibarra v. Charles Robinson; The City of Santa Rosa; and DOES 1-10
Settled 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 written
settlement agreement with dismissal to
follow.
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 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 - 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
September 2023; Co-defendant has failed
to file a responsive pleading and is now
subject to a default; Plaintiff's attorney has
named co-defendant's uncle as a party,
and is requesting a Stipulation allowing
him to file a First Amended Complaint.
According to Proof
SCV-271238 Cathleen Cisneros v. City of Santa Rosa, Linda Corwin, and DOES 1 to 10
Active - Set for Trial 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 a Cross-
Complaint against the adjacent property
owner; 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.; Plaintiff's Deposition has been
noticed and set for 6/14/2023.
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 Plaintiff alleges they tripped and fell over a cut-down street sweeping sign
City has filed an Answer and a cross-
complaint against the adjacent property
owner; discovery has commenced; Case
Management Conference set for
05/23/2023.
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 MAY 12, 2023
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; Plaintiff filed a First Amended
Complaint naming a new property owner
as a second defendant; prior defendant
Savage will be dismissed; an Answer to the
First Amended Complaint 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 - Set for Trial 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; initial
written discovery is underway; initial Case
Management Conference was held on
4/18/2023; trial has been set for April 19,
2024.
According to Proof
SCV-272343 Kim Taylor v. City of Santa Rosa and Does 1-10 Active - Discovery 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; 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 - 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; 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
SCV-272834 Christopher Boccaleoni v. County of Sonoma, City of Santa Rosa, and Does 1-10
Active - Pleadings Personal Injury/Dangerous Condition Claimant alleges injuries due to unsafe conditions relating to metal posts on
the Joe Rodota Trail
An Answer has been filed, as well as a
cross-complaint against the County as the
owner and manager of the subject
property; written discovery has been
served; 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; It appears the appeal will
be heard in June 2023.
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 - Set for Trial 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; discovery is underway;
settlement conference scheduled for
6/13/2023; Trial scheduled for 8/19/2024.
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 MAY 12, 2023
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.
Case Management Conference held on
5/9/2023 and Plaintiff failed to appear.
Court set the matter for 7/11/2023 for an
order to show cause why Plaintiff did not
appear.
According to Proof
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.; Appellate briefs
have been filed by all sides, awaiting oral
argument and Court decision.
According to Proof
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; preparation of the
Administrative Record is underway;
answer will be filed 30 days after filing of
the Administrative Record..
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 Opposition to Plaintiff's
Second Motion for Summary Judgment on
5/10/2023. Hearing on City's and Plaintiffs'
Motions for Summary Judgment is set for
5/24/2023. Trial set for 9/8/2023.
According to Proof