Case Name Date Settled Amount Description Notes
SETTLEMENTS OVER $50,000 FINALIZED IN AUGUST 2023
No settlements to report
Claimant Name Date of Claim Date of Incident Claim Amount Location Description of Claim O'Connell, David 7/20/2023 6/19/2023 over $25,000 Kawana Springs Rd & Santa Rosa Avenue
Claimant alleges injuries due to CityBus colliding with another vehicle
Singh, Ashley 8/2/2023 2/3/2023 over $25,000 1599 Cleveland Ave and 965 Sonoma Ave
Claimant alleges she was falsely arrested by SRPD SWAT
Team
Gatlin, Esabela Maria 8/2/2023 2/3/2023 over $25,000 1599 Cleveland Ave and 965 Sonoma Ave
Claimant alleges she was falsely arrested by SRPD SWAT
Team
Shrader, Sarah 7/27/2023 8/30/2022 over $25,000 Santa Rosa Avenue & Kawana Springs
Claimant alleges false arrest by SRPD
4th Street Medical Building, LLC 7/27/2023 10/21/2020 over $25,000 1701 4th Street, Santa Rosa Claimant alleges trip and fall on a sidewalk resulted in bodily injuries
Valencia, Maria Gonzalez 8/18/2023 3/3/2023 over $25,000 Hoen Ave & Sierra Creek Circle, near Summerfield Road
Claimant alleges she was crossing in a crosswalk when she was struck by a vehicle resulting in catastrophic injuries NEW CLAIMS REFERRED TO THE CITY ATTORNEY'S OFFICE IN AUGUST 2023 Case Number Full Case Name Status Category Case Description Case Notes Amount ClaimedDismissed DateSettled DateSettlement 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; Case
Management Conference scheduled for
02/13/224 for status of receiver.
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; the City's defense is now being
handled by attorney Ray Fullerton; 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
Dismissed General Litigation - Property
Damage
Alleges vehicle damage due to
driving into drainage ditch along
Yolanda Ave at entrance into Wyatt
Irrigation Co.
City's Demurrer to the First Amended
Complaint was sustained on 7/7/2023; Initial
Case Management held on 7/27/2023; matter
set for trial on 7/5/2024; Case was dismissed
with prejudice as to the City, on motion filed
pursuant to CRC 3.1320(h) and CCP 581, on
8/28/2023.
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
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 $
LITIGATION AS OF AUGUST 31, 2023
Case Number Full Case Name Status Category Case Description Case Notes Amount ClaimedDismissed DateSettled DateSettlement Amount LITIGATION AS OF AUGUST 31, 2023
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
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
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.
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 has been
completed; 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
Case Number Full Case Name Status Category Case Description Case Notes Amount ClaimedDismissed DateSettled DateSettlement Amount LITIGATION AS OF AUGUST 31, 2023
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
SCV-273625 DEDRIA BEAUCHAMP, as the Successor-in-
Interest of the Estate of MARGARET LOUISE
MICHAELS, deceased, DEDRIA BEAUCHAMP,
an individual v. PROCTER & GAMBLE, a
business entity, form unknown, MARVIN
GARDENS SENIOR
APARTMENTS, a business entity, form
unknown, COUNTY OF SONOMA, a business
entity, form unknown, CITY OF SANTA ROSA,
a business entity, form unknown, STATE OF
CALIFORNIA, a business entity, form
unknown, and DOES 1 to 100, inclusive
Active - Pleadings Personal Injury/Dangerous
Condition
Complaint served 8/29/2023. According to Proof
SCV-273819 Adam Moeller v. City of Santa Rosa, Joseph
Vizcarra, and Does 1-10
Active - Pleadings Personal Injury/Dangerous
Condition
Claimant alleges CityBus employee
negligently operated their vehicle
causing collision with claimant's
vehicle, resulting in injuries and
property damage to Claimant.
Complaint served 8/9/2023. 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;
Appellant's post-conviction appeal was denied.
According to Proof
Case Number Full Case Name Status Category Case Description Case Notes Amount ClaimedDismissed DateSettled DateSettlement Amount LITIGATION AS OF AUGUST 31, 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-02478-TSH John Paul Johnson v. CITY OF SANTA ROSA,
OFFICERS CODY SOUSA, O'NEILL, DELEON,
JONES AND DOES 1-50
Active - Pleadings Police Action Complaint served 9/1/2023. 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 was set for 8/21/2023. On 8/3/2023
Judge Breyer vacated the hearing on motion.
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 and a Demurrer to FAC has been
filed; Case Management Conference scheduled
for 9/7/2023.
According to Proof
C 22-05196 James Earl Lindsey v. Santa Rosa Police
Officer Jason Jucutan
Active Police Action - Civil Rights Violation of civil rights; false arrest Officer Jucutan's Answer to complaint filed on 11/10/2022; Motion for More Definitive
Statement filed by Officer Jucutan on
12/15/2022; Court's Order Granting
Defendant's Motion to Stay on 1/25/2023; Case
is stayed pending resolution of the plaintiff's
criminal case. Court ordered parties to file
status report every 6 months and to notify court
within 30 days of resolution of criminal charges.
Unknown
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.
Case Number Full Case Name Status Category Case Description Case Notes Amount ClaimedDismissed DateSettled DateSettlement Amount LITIGATION AS OF AUGUST 31, 2023
SCV-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 - Pleadings 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
Trial has been dropped by Stipulation and Order
and Case Management Conference set for
11/02/2023.
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; Case Management Conference
continued to 10/24/2023 to allow time to
finalize the Administrative Record.
According to Proof