Case Name Date Settled Amount Description Notes
Bilingual Broadcasting Foundation, Inc. (KBBF) 12/23/2023 KBBF to pay the City $7,000 and other in-kind
settlement.
2006 code enforcement action against KBBF
for various building code violations related
to the property located at 4010 Finley
Avenue (APN 035-141-014) in which $7,000
in costs and penalties of $50,000 plus
interest at 7% interest per year were
assessed.
Settlement terms: KBBF paid the $7,000 in assessed
costs and granted the City 1) a 15' utility easement for sewer and water lines and a 30' access road easement
(combined value of $20,000), and 2) $10,000 worth of
free radio spots to be used within 5 years. The City
released the Special Assessment Lien and forgave the
penalties and interest (valued at $118,000).
SETTLEMENTS OVER $50,000 FINALIZED IN DECEMBER 2023
Claimant Name Date of Claim Date of Incident Claim Amount Location Description of Claim NEW CLAIMS REFERRED TO THE CITY ATTORNEY'S OFFICE IN DECEMBER 2023 No
claims received
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; Receiver appointed by Order of the Court on 6/17/2023; Case
Management Conference scheduled for
4/16/2024 for status of receiver; the executor
of the decedent's estate filed a Motion to Set
Aside the Receivership Petition on 12/19/2023.
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
Discovery is well underway; new outside
counsel has been assigned to the matter; trial is
set on 03/22/2024.
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 being handled by
outside counsel; the next CMC is scheduled for
1/19/2024; Trial has been continued to
9/9/2024.
3:23-cv-05201-WHO William Cressy, Francisco Yanez, Nathan Delgado, Christine Van Skike, Fabiola Serrano-
Guterriez, Edward Ballard, Sabrina Lee Gulgry-
Spurgeon v. California Department of
Transportation, et al, Tony Tavarez, County
of Sonoma, Maria Christina Rivera, City of
Santa Rosa, Maraskeshia Smith
Active - Pleadings General Litigation -
Constitutional and ADA
Ex Parte Application for TRO,
Complaint for Declaratory Relief and
Injunctive Relief (homeless
encampments)
Complaint filed on 10/12/2023; Ex Parte
Application for TRO denied; outside counsel
representing City; Motion to Dismiss filed on
behalf of City defendants and set for
01/31/2024.
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.
Settled 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
23CV01342 THOMAS LESTER, an individual v. CITY OF
SANTA ROSA, a public entity; and DOES 1
through 10, inclusive
Active - Pleadings Personal Injury/Dangerous
Condition
Plaintiff alleges they were injured
when stepping into an uncovered
manhole.
Plaintiff filed a Complaint against City on
11/1/2023; City will file a timely responsive
pleading.
According to Proof
PERSONAL INJURY/DANGEROUS CONDITION
23CV01446 DAVID KILONZO v. CITY OF SANTA ROSA;
DELIA SANCHEZ; AND DOES 1-10
Active - Pleadings Personal Injury/Dangerous
Condition
Plaintiff alleges a Santa Rosa CityBus
rear-ended his vehicle resulting in
vehicle damages and bodily injury
The Complaint was filed on 11/11/2023; City's
responsive pleading is due on 01/04/2024;
discovery to commence.
LITIGATION AS OF DECEMBER 29, 2023
Case Number Full Case Name Status Category Case Description Case Notes Amount Claimed Dismissed Date Settled Date Settlement Amount LITIGATION AS OF DECEMBER 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 - Set for Trial Personal Injury/Dangerous
Condition
Claimant alleges they suffered
injuries when struck by a vehicle
after 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; 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;
deposition of Titus to be continued to a new
date; Trial set for 11/1/2024.
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 is ongoing;
Plaintiff's deposition completed on 09/08/2023;
Trial has been set for 02/23/2024; IME of
Plaintiff is set for 01/18/2024; site inspection is
set for 01/23/2024; the parties anticipate
scheduling mediation in the case before trial.
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 completed; mediation scheduled for
1/16/2024.
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 02/15/2023; initial
written discovery is underway; Trial has been
set for 4/19/2024; Plaintiff's deposition to be
set in early 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 02/08/2023; the City filed its answer
and ROE Cross-Complaint on 03/08/2023; initial
written discovery is underway; Cross-Defendant
property owner has answered the complaint
and City's cross-complaint, and has cross-
complained against the City; Trial has been set
for 05/17/2024; Plaintiff's deposition to be
scheduled in early 2024.
According to Proof
SCV-272486 Eveline Jones v. City of Santa Rosa; and DOES 1 to 50, inclusive
Active - Set for Trial Personal Injury/Dangerous
Condition
Plaintiff alleges she suffered injuries
when they tripped and fell due to
uneven sidewalk
Complaint served on defendant City of Santa
Rosa on 02/10/2023; Plaintiff filed a First
Amended Complaint and City has answered;
initial written discovery has been completed;
Trial set for 11/08/2024; Plaintiff's deposition to
be scheduled for early 2024.
According to Proof
SCV-273290 Josefina Moreno v. City of Santa Rosa,
Geovanni Rechy Corona, and Does 1 through
50, inclusive
Active - Set for Trial Personal Injury/Dangerous
Condition
Claimant alleges CityBus employee
negligently operated their vehicle
causing collision with claimant's
vehicle, resulting in injuries.
Initial written discovery is underway; Trial set
for 6/21/2024; deposition of Plaintiff to be
scheduled early 2024.
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
Wrongful death; Survivorship Action Complaint filed 7/3/2023; Plaintiff to file a First Amended Complaint, removing reference to
punitive damages; City has filed a Demurrer to
Complaint and Motion to Strike Punitive
Damages; hearing date set for 03/27/2024.
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 DECEMBER 29, 2023
SCV-273819 Adam Moeller v. City of Santa Rosa, Joseph
Vizcarra, and Does 1-10
Active - Discovery 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 on 08/09/2023; the parties
met and conferred concerning the pleadings
and Plaintiff has filed an amended complaint;
Defendants have answered, and initial written
discovery is underway; an initial Case
Management Conference scheduled for
01/18/2024.
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;
Case Management Conference continued to
1/19/2024.
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 11/04/2024, though both
sides will be filing Rule 56 dispositive motions
the first half of 2024.
According to Proof
3:23-cv-02478-JSC John Paul Johnson v. CITY OF SANTA ROSA,
OFFICERS CODY SOUSA, O'NEILL, DELEON,
JONES AND DOES 1-50
Active - Set for Trial Police Action Claimant alleges damages related to excessive force, battery, Bane Act
Violation and Negligence.
Complaint served on the City 09/01/2023; City
filed a Motion to Dismiss as to the second and
third causes of action; Plaintiff filed a First
Amended Complaint; City has answered, but
the individually named defendants have not yet
been served; Further CMC set for 02/15/2024;
Trial set for 01/06/2025.
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 filed a Motion to
Dismiss and hearing set for 8/21/2023; Judge
vacated the hearing on motion.
According to Proof
4:20-cv-01323 Herman Tamrat v. The Santa Rosa Police
Department; Robert L. Schreeder, Chief of
Santa Rosa Police Department; Officer Erick
Rhoades (#352); Officer Patrick Albini; sued in
their individual and official capacities
Stayed Police Action Plaintiff alleges violation of federal civil rights during arrest.
Federal district court granted the City's Motion
for Summary Judgment and ordered the case
dismissed with prejudice and closed on
01/21/2022; Plaintiff filed an Appeal which was
dismissed by Order of the Appellate court for
lack of prosecution on 02/16/2023; on
12/19/2023 the Appellate court granted
Appellant Tamrat's Motion to Reinstate his
appeal; opening brief is due 02/05/2024 with
City's response due on 3/6/2024.
According to Proof 1/21/2022
Case Number Full Case Name Status Category Case Description Case Notes Amount Claimed Dismissed Date Settled Date Settlement Amount LITIGATION AS OF DECEMBER 29, 2023
C 22-05196 James Earl Lindsey v. Santa Rosa Police
Officer Jason Jucutan
Stayed Police Action 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; 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
SCV-269603 Leocha Metellus-McLemore v. City of Santa
Rosa, DOES 1 to 25
Active - Set for Trial Police Action Claimant alleges she suffered physical and emotional pain during
arrest.
Discovery in progress; Trial set for 06/21/2024. 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-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; Case Management Conference
continued to 3/28/2024; the parties have
stipulated to address the sole remaining cause
of action through dispositive motion by the
City, which is pending filing; parties' briefing
anticipated by March 2024.
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 - Set for Trial 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 complete and the
record was certified on 12/21/2023; City's
Answer will be filed on or before 1/21/2024;
Trial set for 5/24/2024.
According to Proof