Cities Index.
Litigation Report

Santa Rosa City Council
March 26, 2024

Document
Litigation Report
Meeting
March 26, 2024
Body
Santa Rosa City Council
Original file
1.2 MB
Text extracted from the city's file for reading and search. Open the original on legistar.granicus.com. That file is the official record.

Case Name Date SettledAmount Description Notes
SETTLEMENTS OVER $50,000 FINALIZED IN FEBRUARY 2024
No settments to report
Claimant Name Date of Claim Date of Incident Claim Amount Location Description of Claim Celia, Geoffrey & Ashley 12/8/2023 6/20/2023 To be determined 3899 Santa Rosa Ave Claimant alleges injuries resulting from an equipment operator at Global Materials Recovery Services
causing him to be struck by a large tree branch/trunk
Note: claim referred to the City Attorney's Office on
2/14/2024
Williams, Indugo Asifa 2/9/2024 11/20/2023 To be determined 715 Mendocino Ave Claimant alleges injuries during interaction with SRPD and K9 unit
Martin, Jennifer 2/13/2024 11/9/2023 To be determined Finley Avenue & Wright Road; Bus Stop 2B #80147
Claimant alleges injuries resulting from being run over by a CityBus.

Note: City received a claim on 1/2/2024 and an
amended claim on 2/13/2024
NEW CLAIMS REFERRED TO THE CITY ATTORNEY'S OFFICE IN FEBRUARY 2024 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; 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)
Discovery was underway when case was stayed
on 1/19/2024 pending a decision by the United
States Supreme Court in Grants Pass v. Johnson;
Trial has been continued to 9/9/2024.

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 for City's claim
against UPA is scheduled on 11/15/2024
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
complete; defendants filed Answer on
10/30/2023; discovery is stayed pending
mediation; mediation scheduled for 4/11/2024.

According to Proof
LITIGATION AS OF MARCH 11, 2024
Case Number Full Case Name Status Category Case Description Case Notes Amount ClaimedDismissed DateSettled DateSettlement Amount LITIGATION AS OF MARCH 11, 2024

PERSONAL INJURY/DANGEROUS CONDITION
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; Plaintiff has agreed to dismiss City
from the case.

According to Proof
23CV01446 DAVID KILONZO v. CITY OF SANTA ROSA;
DELIA SANCHEZ; AND DOES 1-10
Active - Pleadings Personal Injury/Dangerous
Condition
Plaintiff alleges a City employee
operating a City bus rear-ended his
vehicle resulting in vehicle damages
and bodily injury
The Complaint was filed on 11/11/2023; City's
responsive pleading to First Amended
Complaint was filed on 2/28/24; Case
Management Conference set for 3/21/2024;
discovery has commenced.
23CV01723 ATTICUS PEARSON, a minor, by and through
his Guardian Ad Litem MARGARET AMANDA
PEARSON v. CITY OF SANTA ROSA, REYNALDO
ZAMORA-RUIZ, JR., ROSALIE JULIANA LEHANE
and DOES 1 through 25, inclusive (MINOR)
Active - Pleadings Personal Injury/Dangerous
Condition
Claimant alleges a dangerous
condition in crosswalk resulted in
claimant's son to be struck by motor
vehicle
The City was served with the Complaint on
1/16/2024; before an Answer was filed, the
plaintiff passed away; City awaits service of the
Complaint for Wrongful Death.

According to Proof
24CV00351 Integon National Insurance Company v. Cindy
Gemignani, as conservator of the Estate of
Daryl W. Titus; City of Santa Rosa: Jose
Andrade; Ivan Medina; Alberto Vasquez
Rojas; and Does 1-50
Active - Pleadings Personal Injury/Dangerous
Condition
Claimant alleges they have no duty
to cover a loss caused by their
insured, Ivan Medina.

Complaint for declaratory relief; City will file a
timely demurrer to complaint.

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 - 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; co-defendants insurance carrier has filed a
complaint for declaratory relief; 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
Settled Personal Injury/Dangerous
Condition
Plaintiff alleges they suffered injuries
when they hit a low hanging tree
branch hanging over sidewalk
Case resolved at mediation on 2/13/2024;
global settlement of $30,000 reached with
$5,000 contribution by City; Notice of
Conditional Settlement filed with Court;
settlement pending with dismissal to be filed by
6/30/2024.

According to Proof
SCV-271462 Joyce Reynolds v. 4th Street Medical Buidling LLC, and DOES 1-100, inclusive
Active - Pleadings Personal Injury/Dangerous
Condition
Claimant alleges trip and fall on a
sidewalk resulted in bodily injuries
Cross-complainant property owner filed a cross-
complaint against City on 9/20/2023; City filed
Answer to Cross-Complaint and City's Cross-
complaint against property owner for
indemnity and contribution on 2/6/2024;
discovery is underway.

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 filed a cross-complaint against the adjacent
property owner; Discovery is ongoing; a jury
trial is set for 8/2/2024; Plaintiff has agreed to
dismiss City.

According to Proof
SCV-272128 Bruce Baxter v. City of Santa Rosa, Steven R.

Savage, and DOES 1 to 100 inclusive
Settled Personal Injury/Dangerous
Condition
Plaintiff alleges they suffered injuries
when they tripped and fell due to
uneven sidewalk
Global settlement of $175,000 with all
defendants reached at mediation on
1/16/2024. City of Santa Rosa's share is
$87,500 for release of all claims; dismissals
pending.

According to Proof 1/30/2024 87,500.00 $
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
Discovery is ongoing; Trial has been set for
4/19/2024; a Mandatory Settlement
Conference is scheduled for 3/6/2024.

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 City on 02/08/2023;
continued discovery underway; Trial set for
05/17/2024. Cross-Defendant property owner
has filed a Motion to Continue Trial, which is
set for hearing 3/29/2024.

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 City 02/10/2023;
continued discovery underway; Trial set for
11/08/2024. According to Proof
Case Number Full Case Name Status Category Case Description Case Notes Amount ClaimedDismissed DateSettled DateSettlement Amount LITIGATION AS OF MARCH 11, 2024
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 City employee
negligently operated their City
operated bus causing collision with
claimant's vehicle, resulting in
injuries.

Complaint served on City on 6/2/2023;
discovery underway; Trial set for 6/21/2024.

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;
Professional Negligence due to
power shutoff at Senior Facility
Complaint filed 7/3/2023; Plaintiff dismissed all
defendants but City; City has filed a Demurrer
to Complaint and Motion to Strike Punitive
Damages; hearing date set for 03/27/2024.

According to Proof
SCV-273819 Adam Moeller v. City of Santa Rosa, Joseph
Vizcarra, and Does 1-10
Active - Set for Trial Personal Injury/Dangerous
Condition
Claimant alleges a City employee
negligently operated a City bus
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. Trial has been set for
10/25/2024.

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;
Rule 12(b)(6) motions to be heard on
3/28/2024.

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, although 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, and
will answer on behalf of the individually named
officers; Trial set for 01/06/2025.

According to Proof
Case Number Full Case Name Status Category Case Description Case Notes Amount ClaimedDismissed DateSettled DateSettlement Amount LITIGATION AS OF MARCH 11, 2024
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
Judgment 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.; as of
3/11/2024 petitioner has not filed his opening
Brief.

According to Proof 1/21/2022
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. The underlying superior court
criminal matter remains pending.

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 07/19/2024. According to proof

WRIT OF MANDATE
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, filed on 2/15/2024; parties' briefing
anticipated by March 2024. Motion for
Summary Judgment hearing set for 5/1/2024.

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 was filed on 1/22/2024; Trial set for
5/24/2024.

According to Proof

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