Case Name Date Settled Amount Description Notes
STG Unocal Place v. City of Santa Rosa
and DOES 1 to 10
5/23/2023 $612,500 Plaintiff alleges property damage
as a result of flooding caused by
the negligence of CSR employees.
Settlement reached during mediation
SETTLEMENTS OVER $50,000 FINALIZED IN MAY 2023
Case Number Full Case Name Status Category Case Description Case Notes Amount Claimed Dismissed Date Settled Date Settlement Amount
CODE ENFORCEMENT/RECEIVERSHIP
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 held 5/24/2023; Judge indicated he would sign
proposed order appointing receiver; CMC
scheduled for 8/22/2023.
According to Proof
GENERAL LITIGATION
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; first session
of mediation completed on 6/5/2023; 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)
The Court granted leave to the Plaintiffs to file
a Second Amended Complaint, expanding the
scope of the litigation and the City has filed its
Answer; Discovery has commenced and is
ongoing; Trial has been continued to 9/9/2024.
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 Dismissed 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 filed a voluntary dismissal without
prejudice with the Court on 6/2/2023.
45079
SCV-271224 STG Unocal Place v. City of Santa Rosa and DOES 1 to 10
Settled 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 5/1/2023, with proposed settlement
subject to Council approval; settlement was
approved by Council; Plaintiff has signed a
Settlement Agreement and the settlement is
being processed.
According to Proof 45069 612500
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 JUNE 9, 2023
Case Number Full Case Name Status Category Case Description Case Notes Amount Claimed Dismissed Date Settled Date Settlement Amount LITIGATION AS OF JUNE 9, 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 cross-claims for indemnity in
place; 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, the Superior Court affirmed the
settlement on 4/11/2023; UPA has filed a writ,
challenging 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 by the Court of Appeal
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; Further
written discovery and depositions are
underway.
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 them 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 9/26/2023; 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;
Trial has been set for 2/23/2024. Plaintiff's
Deposition set for 6/14/2023 is being
rescheduled.
According to Proof
SCV-271731 Paula Littleton v. City of Santa Rosa, Hanna Holdings LLC, and Does 1-10
Active - Set for Trial 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; a jury trial is set for
08/02/2024.
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; 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; Case
Management Conference set for 07/06/2023.
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 JUNE 9, 2023
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; Trial has been
set for 4/19/2024.
According to Proof
SCV-272343 Kim Taylor v. City of Santa Rosa and Does 1-10 Active - Set for Trial 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; initial
written discovery is underway; Trial has been
set for 5/17/2024.
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
Dismissed Personal Injury/Dangerous Condition Claimant alleges injuries due to unsafe conditions relating to metal
posts on the Joe Rodota Trail
An Answer was filed by City, as well as a cross-
complaint against the County as the owner and
manager of the subject property; Plaintiff
dismissed his Complaint against City on
5/30/2023; City dismissed its cross-complaint
on 6/12/2023.
45076
SCV-273290 Josefina Moreno v. City of Santa Rosa, Geovanni Rechy Corona, and Does 1 through 50, inclusive
Active - Pleadings Personal Injury/Dangerous Condition Claimant alleges CityBus employee negligently operated their vehicle
causing collision with claimant's,
resulting in injuries
According to Proof
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
3:23-cv-02730-SK Christine Jones Pro Se v. County of Sonoma, Sonoma County Public Defender's Office (Fabiola
Manai in her official capacity), City of Santa Rosa,
Santa Rosa Police Department (Sergeant Matthew
North in his official capacity)
Active - Pleadings Police Action Claimant alleges obstruction of justice, denial of due process
Complaint was filed on 5/30/2023 by pro se
plaintiff; Summons issued by Court on
6/9/2023 and service packet delivered to U.S.
Marshal for service on defendants as in forma
pauperis application was granted; Initial Case
Management Conference scheduled for
8/28/2023.
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 JUNE 9, 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
SCV-272167 Christopher Vickery v. Luigi Valencia, George Pulis, Kaiser Foundation Health Plan, Inc., and DOES 1-50,
inclusive
Active - Pleadings Police Action Alleged violation of civils rights City filed a demurrer to Complaint based on plaintiff's failure to file a government tort
claim; Plaintiff filed a dismissal without
prejudice in response; On 5/17/2023, a hearing
was held before Hon. Rene Chouteau and the
dismissal was vacated; City re-filed its
Demurrer to Complaint on 6/9/2023; a Case
Management Conference is scheduled for
7/27/2023.
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.
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 was heard on 5/24/2023
with City's motion granted and plaintiffs'
motion denied in full; Trial set for 9/8/2023.
According to Proof
Claimant Name Date of Claim Date of Incident Claim Amount Location Description of Claim Kilonzo, David 5/11/2023 4/6/2023 to be determined Range Ave and Steele Ln Claimant alleges a Sant Rosa City bus rear-ended his
vehicle resulting in vehicle damages and bodily injury
Henton, Marco 5/30/2023 1/7/2023 over $25,000
Sidewalk on Sapphire Way,
Santa Rosa, CA 92031 , across
the street from 2227 Sapphire
Claimant alleges tree fell on them, resulintg in bodily injuries
NEW CLAIMS REFERRED TO THE CITY ATTORNEY'S OFFICE IN MAY 2023