Case Name Date Settled Amount Description Notes
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.
6/14/2023 $250,000 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.
City and Plaintiffs have separately reached
a tentative settlement, subject to Court
approval. The settlement provides for
payment of $250,000 in exchange for full
release of liability in the case. The
Superior Court approved the settlement
on 4/11/2023. The approval of the
settlement was affirmed by the Court of
Appeal on 6/14/2023. The City has no
further liability in the matter, but may
retain additional rights. Legal council is
currently considering possible next steps.
Trial has been continued to 1/19/2024.
Pending finalization of settlement
payment.
SETTLEMENTS OVER $50,000 FINALIZED IN JUNE 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.
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
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
underway; Although global mediation has
been unsuccessful, City and Plaintiffs have
separately reached a tentative settlement,
subject to Court approval; the settlement
provides for payment of $250,000 in
exchange for full release of liability in the
case; the Superior Court approved the
settlement on 4/11/2023; the approval of
the settlement was affirmed by the Court of
Appeal on 6/14/2023; settlement payment
is pending; the City has no further liability
in the matter, but may retain additional
rights; legal council is currently considering
possible next steps; Trial has been
continued to 1/19/2024.
According to Proof 6/14/2023 250,000.00$
SRPD #22-13377 Lori Knigge v. Superior Court of Sonoma County Active - Pleadings General Litigation - Other Notice of Motion and Non-Statutory Motion for Return of Property
Motion hearing set for 7/24/2023. 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
LITIGATION AS OF JUNE 29, 2023
Case Number Full Case Name Status Category Case Description Case Notes Amount Claimed Dismissed Date Settled Date Settlement Amount LITIGATION AS OF JUNE 29, 2023
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
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 - 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 2/10/2023; The City has met
and conferred with Plaintiff in advance of
demurrer, Plaintiff filed a First Amended
Complaint and City has answered; written
discovery has commenced; a subsequent
Case Management Conference and trial
setting is scheduled for 10/17/2023.
According to Proof
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
Case Number Full Case Name Status Category Case Description Case Notes Amount Claimed Dismissed Date Settled Date Settlement Amount LITIGATION AS OF JUNE 29, 2023
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; the settlement
conference scheduled for 6/13/2023
proved unsuccessful; 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
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
Case Number Full Case Name Status Category Case Description Case Notes Amount Claimed Dismissed Date Settled Date Settlement Amount LITIGATION AS OF JUNE 29, 2023
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 NEW CLAIMS REFERRED TO THE CITY ATTORNEY'S OFFICE IN JUNE 2023 No claims received in June