Case Name Date Settled Amount Description Notes
SETTLEMENTS OVER $50,000 FINALIZED IN JULY 2023
No settlements to report
Case Number Full Case Name Status Category Case Description Case Notes Amount Claimed Dismissed Date Settled Date Settlement Amount SCV-273045
CODE ENFORCEMENT/RECEI VER SHIP
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 Active Code Enforcement/Receivership Receivership 5/24/2023; Judge indicated he would sign
proposed order appointing receiver; Case
Management Conference scheduled for
8/22/2023. According to Proof
GENERAL LITIGATION
SCV-265333
Bay Cities Paving & Grading, Inc., a California corporation v.
City of San ta Rosa, a body politic, an d Does 1-5 0 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
According to Proof
3:18-CV-01955-VC
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
sche duled f or 3/22/ 2024.
Second Amended Complaint, expanding the
scope of the litigation and the City has filed its
Answe r; Discovery has comm ence d and is
SCV-272177
Mark Kimmel v. Wyatt Irrigation Co, Phil Wyatt, Rita Wyatt, City of Santa Rosa, DOES 1 to 20 Active - Set for Trial General Litigation - Property Damage encampm ents)
into drainage ditch along Yolanda
Ave at entrance into Wyatt Irrigation
Co.
Complaint was sustained; awaiting filing and
service of a Second Amended Complaint
consistent with the Court's Order.; initial Case 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
indemnify 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 both UPA's and the City's 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 $250,000 in exchange for full release of
liability in the case. The Superior Court
approved the settlement on 4/11/2023; The
approval of the settlement was affirmed by the
Court of Appeal on 6/14/2023; The City has no
further liability in the matter, but may retain
additional rights; Legal counsel is currently
considering next steps. Trial has been continued
to 1/19/2024. According to Proof 6/14/2023 250,000.00$ OTHER
SCV-273655
People of the State of California, by and through Sue
Gallagher, City Attorney for the City of Santa Rosa; and City Of Santa Rosa, V. Jorge Luis Calderon Caballero, Daniel Felix Nunez Serna, Roberto Carrillo, Emiliano Bautista Rodriguez, Manuel Andres Garfia, George Michael Patino Flores, Alexys Aguirre-Serrano, Joel Vasquez Cortez, Jersain Lezama Meza, Jesus Calderon Avalos, Neri Alberto Orea-Vasquez, Richard Murillo Robles, Rodrigo Lopez-Tapia, and Does 1-100 Active - Pleadings Other Complaint for Public Nuisance, Civil
Conspiracy, Willful Misconduct, and
Violation of Fish and Game Code§
5650(a)(l).
Service of Complaint on all defendants is in
process. According to Proof
SRPD #22-13377 Lori Knigge v. Superior Court of Sonoma County Settled Other Notice of Motion and Non-Statutory
Motion for Return of Property
Resolved following hearing by court order /
partial stipulation. N/A 7/24/2023 -$
PERSONAL INJURY
SCV-269603 Leocha Metellus-McLemore v. City of Santa Rosa, DOES 1 to 25 Active - Set for Trial Personal Injury/Dangerous Condition Claimant alleges they suffered
physical and emotional pain during
arrest. Discovery in progress; Trial set for 06/21/2024. 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; Order to Show Cause set for
10/24/2023 for failure to dismiss after notice of
settlement. 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 and case
did not settle; initial written discovery has been
completed and Plaintiff's and Non-Expert
depositions have been completed; Trial set for
10/6/2023; According to Proof
LITIGATION AS OF JULY 27, 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;
Co-defendant's uncle has filed an Answer. 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 she 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; plaintiff's deposition is on
calendar; a jury trial is set for 8/2/2024. According to Proof SCV-272128
Bruce Baxter v. City of Santa Rosa, Steven R. Savage, and DOES 1 to 100 inclusive Active - Discovery 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 has been filed; Plaintiff's deposition
has been scheduled. 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 - Discovery Personal Injury/Dangerous Condition Claimant alleges CityBus employee
negligently operated their vehicle
causing collision with claimant's,
resulting in injuries.
Initial written discovery is underway; Initial Case
Management Conference scheduled for
9/21/2023. 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 has filed
an appeal; the matter remains stayed; the
appeal has been heard and is currently under
submission. 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; City Defendants have filed a Motion to
Dismiss and the hearing on that motion is set
for 8/21/2023. 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; plaintiff amended his
Complaint; a responsive pleading is due
8/9/2023. 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; the settlement conference scheduled
for 6/13/2023 proved unsuccessful; 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
Dismissed 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;
Dismissal without prejudice filed on
7/21/2023 by Plaintiff. According to Proof 7/21/2023
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.; 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; Case Management Conference
continued to 10/24/2023 to allow time to
finalize 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 NEW CLAIMS REFERRED TO THE CITY ATTORNEY'S OFFICE IN JULY 2023 Description of Claim
Moreno, Nancy 7/6/2023 11/25/2022 to be determined Santa Rosa Plaza, light signal across where Sears Dept store
was once located
Claimant alleges they were a passenger in a vehicle that was rear-ended by a City Bus resulting in bodily injuries minor child - by his mother Margaret
Amanda Pearson
7/13/2023 1/19/2023 over $25,000 Hoen Ave & Sierra Creek Lane, near Summerfield Road
Claimant alleges a dangerous condition in crosswalk
resulted in claimant's son to be struck by motor vehicle Marchbanks, Earl 7/18/2023 10/21/2022 over $25,000 Maple and Santa Rosa Avenue Claimant alleges he was instructed to move his vehicle due to a nearby fire. The following day the vehicle was towed due to expired registration