Cities Index.
Litigation Report

Santa Rosa City Council
August 20, 2024

Document
Litigation Report
Meeting
August 20, 2024
Body
Santa Rosa City Council
Original file
372 KB
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 Settled Amount Description Notes
SETTLEMENTS OVER $50,000 FINALIZED IN JULY 2024
No Settlements

to Report
Claimant Name Date of Claim Date of Incident Claim Amount Location Description of Claim Fleming, Shea 7/18/2024 1/17/2024 over $35,000 1093 Lombardi Lane, Santa Rosa
Claimant alleges SRPD violated their 4th amendment
rights
Harris, Isaiah Rashad 7/18/2024 1/17/2024 over $35,000 Intersection of Santa Rosa Ave and Hearn Ave, in front
of In-N-Burger
Claimant alleges SRPD violated their 4th amendment
rights
Jones, Lydia 7/18/2024 1/17/2024 over $35,000 Intersection of Santa Rosa Ave and Hearn Ave, in front
of In-N-Burger
Claimant alleges SRPD violated their 4th amendment
rights
Petrison, Gary 7/19/2024 2/1/2024 over $35,000 Sonoma Avenue near intersection with Doyle Park
Drive
Claimant allegedly fell to the ground when walking
over plywood covering construction work
MCK America, Inc. 7/8/2024 2/22/2024 over $35,000 N/A Claimant alleges TPW breached its contract under PSA F002463 for construction management and
inspection services
Stillwater Insurance Company 7/26/2024 2/13/2024 TBD 1916 Viewpointe Circle, Santa Rosa
Claimant alleges the home of its insured (Carole
Farber) flooded when high pressure from main line
caused a faucet handle to pop off inside the home;
water ran into home for approximately 2-3 hours
NEW CLAIMS REFERRED TO THE CITY ATTORNEY'S OFFICE IN JULY 2024 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; the
executor of the decedent's estate filed a Motion
to Set Aside the Receivership Petition on
12/19/2023; which was argued and denied by
the court; Plaintiff filed a Notice of Appeal with
the Court of Appeals, 1st District on 6/27/2024;
Case Management Conference scheduled for
8/15/2024.

According to Proof

GENERAL LITIGATION
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;
currently waiting for new Case Management
Conference date to determine status of stay;
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
24CV02519 LUCAS BOHANAN v. CITY OF SANTA ROSA,
and DOES 1-25
Active - Pleadings Other Plaintiff alleges disability
discrimination, failure to
accommodation and retaliation
Complaint was served on City on 5/7/2024;
City's time for filing a responsive pleading was
extended 30 days pursuant to CCP section
430(a)(2); plaintiff filed a First Amended
Complaint on 6/13/2024; City filed an Answer
to the First Amended Complaint on 7/10/2024;
Case Management Conference has been
scheduled for 9/10/2024.

According to Proof
24CV02546 CLARE HARTMAN v. CITY OF SANTA ROSA,
and DOES 1 TO 10
Active - Discovery Other Plaintiff alleges wrongful
termination, discrimination, failure
to provide reasonable
accommodation and retaliation.

Complaint served on City on 5/8/2024; City
answered on 6/5/2024; discovery has
commenced; Case Management Conference set
for 9/12/2024.

According to Proof
SCV-272340 JOHN DOE #1 J.B., an individual, vs.

NATIONAL COUNCIL OF YOUNG MEN'S

CHRISTIAN ASSOCIATIONS OF THE UNITED
STATES OF AMERICA; SONOMA COUNTY

FAMILY YOUNG MEN'S CHRISTIAN
ASSOCIATION; SANTA ROSA DEPARTMENT OF
PARKS & RECREATION dba CAMP WA-TAM;
DAY; and DOES 4 through 100
Active - Pleadings Other Sexual abuse of a minor; intentional infliction of emotional distress;
sexual harassment; negligence;
negligent supervision; violation of
civil rights; battery. Conduct alleged
to have occurred in the early 1980s.

Original Complaint filed with ROE defendants
on 12/29/2022; Amended Complaint adding
Santa Rosa Department of Parks and Recreation
as a defendant filed on 4/11/2024; Amended
Complaint served on City of Santa Rosa on
8/1/2024; City will file a timely response; Case
Management Conference scheduled for
10/29/2024.

According to Proof
LITIGATION AS OF AUGUST 9, 2024
Case Number Full Case Name Status Category Case Description Case Notes Amount Claimed Dismissed Date Settled Date Settlement Amount LITIGATION AS OF AUGUST 9, 2024
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 - Set for Trial 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 was stayed pending
mediation; mediation was unsuccessful;
discovery has commenced and depositions to
be scheduled; mediation has been completed.

According to Proof

PERSONAL INJURY/DANGEROUS CONDITION
23CV01446 DAVID KILONZO v. CITY OF SANTA ROSA;
DELIA SANCHEZ; AND DOES 1-10
Active - Set for Trial 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 2/28/2024; discovery
has commenced; Trial date set for 2/7/2025;
Plaintiff has been deposed; doctor depositions
to be scheduled.
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 (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; City served with First Amended
Complaint for Wrongful Death on 7/29/2024;
City will timely respond to First Amended
Complaint; Case Management Conference is
scheduled for 10/8/2024.

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 - Set for Trial Personal Injury/Dangerous
Condition
Insurance Company alleges it has no
duty to cover a loss caused by its
insured, Ivan Medina
Complaint for declaratory relief filed
1/19/2024; City timely filed an Answer;
discovery has commenced; depositions are in
progress. Trial scheduled for 4/11/2025.

According to Proof
24CV01061 DAVID O'CONNELL v. CITY OF SANTA ROSA;

COUNTY OF SONOMA, WILLIAM PHILLIP
RODGERS, JOHN RODGERS; DELIA MARIA
SANCHEZ, and DOES 1 through 100
Active - Discovery Personal Injury/Dangerous
Condition
Plaintiff alleges injuries due to
CityBus colliding with another
vehicle
First Amended Complaint filed on 3/11/2024;
City filed responsive pleading and cross-
complaint on 5/7/2024; Discovery has been
served on plaintiff; Plaintiff's deposition will go
forward in September 2024; Subsequent Case
Management Conference scheduled for
8/8/2024; Trial to be set.

According to Proof
24CV01383 NANCY MORENO, an individual, v. GEOVANNI
RECHY CORONA, an individual; CITY OF
SANTA ROSA; and DOES 1 to 50, Inclusive
Active - Pleadings Personal Injury/Dangerous
Condition
Claimant alleges they were a
passenger in a vehicle that was rear-
ended by a CityBus resulting in
bodily injuries
Complaint served on City 8/8/2024; City will file
a timely response.

According to Proof
24CV01390 MEUYNAI SAETUERN and ZACHARIAH
SAEPHANH (minor) v. CITY OF SANTA ROSA,
et al.

Active - Pleadings Personal Injury/Dangerous
Condition
Plaintiff's mother alleges tree limb
fell on her son causing severe bodily
injuries
Complaint served on City on 5/10/2024;
Plaintiff has agreed to dismiss action against
the City of Santa Rosa pending the County of
Sonoma's response to Plaintiff's First Amended
Complaint, and we are awaiting filed dismissal.

According to Proof
24CV01397 MARIA GONZALEZ v. CITY OF SANTA ROSA,
SARAH ELAINE SOLOMON and DOES 1
through 25
Active - Pleadings Personal Injury/Dangerous
Condition
Plaintiff alleges a dangerous
condition of public property resulted
in injuries
Complaint filed 2/22/2024; Answer to
Complaint filed 4/24/2024; discovery has
commenced; Initial Case Management
Conference scheduled for 10/22/2024.

According to Proof
24CV01412 Justin Chase v. City of Santa Rosa and DOES 1 to 25
Active - Discovery Personal Injury/Dangerous
Condition
Plaintiff alleges bodily injuries due to
fall into pothole
Complaint served on 4/8/2024; following meet
and confer, Plaintiff's First Amended Complaint
was filed on 6/24/2024; written discovery to
Plaintiff has commenced; Initial Case
Management Conference has been reset for
12/10/2024.

According to Proof
24CV01891 CSAA INSURANCE EXCHANGE v. CITY OF
SANTA ROSA, ELI ADAM HELD, DOES 1 to 10
Settlement Pending Personal Injury/Dangerous
Condition
Subrogation matter arising from a
motor vehicle accident involving
Plaintiff CSAA Insurance's insureds,
and City vehicle.

Complaint served on 4/15/2024; Answer filed
on behalf of the City of Santa Rosa and Eli
Adam was filed on 5/15/2024; initial written
discovery to Plaintiff was completed, and the
matter has since been resolved; Notice of
Settlement of Entire Case was filed on
8/5/2024; Dismissal now pending circulation
and execution of all settlement documents.

According to Proof 35,497.77$
Case Number Full Case Name Status Category Case Description Case Notes Amount Claimed Dismissed Date Settled Date Settlement Amount LITIGATION AS OF AUGUST 9, 2024
24cv02174 ALEXIS CHILDRESS v. CITY OF SANTA ROSA,

KEVIN JENROY RYAN, MV PUBLIC
TRANSPORTATION, INC., DOES 1 to 100
Active - Discovery Personal Injury/Dangerous
Condition
Plaintiff alleges a paratransit driver
failed to secure wheelchair causing
claimant to flip and injure themself
Complaint served on City on 5/16/2024; City
filed an Answer to the Complaint and a Cross-
Complaint against co-defendant on 6/24/2024;
Discovery has commenced; City tendered its
defense to MV Transportation; Tender has been
accepted and new counsel has been assigned;
Case Management Conference scheduled for
10/3/2024.

According to Proof
24CV02175 Wallace Francis v. City of Santa Rosa, County of Sonoma and Does 1 to 20
Active - Discovery Personal Injury/Dangerous
Condition
Plaintiff alleges he was injured when
he hit a pothole while riding his
bicycle in the roadway
Complaint served on City on 5/3/2024; Answer
to Complaint filed on 6/26/2024; Discovery has
commenced; Case Management Conference
Scheduled for 8/22/24; Trial to be set.

According to Proof
24CV02473 MERLA ANDERS v. STERLING ADAPTIVES LLC;
CITY OF SANTA ROSA; and DOES 1 to 30
Active - Discovery Personal Injury/Dangerous
Condition
Plaintiff alleges they tripped and fell
on raised sidewalk causing injuries.

Complaint served on City on 5/23/2024; answer
and cross-complaint filed on 6/24/2024 against
owner of the real property; Initial written
discovery to Plaintiff has commenced.

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;
deposition of plaintiffs set for 6/11/2024; co-
defendants insurance carrier has filed a
complaint for declaratory relief; trial continued
to 03/25/2025; Plaintiffs have been deposed;
Deposition of Titus is pending. Doctor
depositions are pending.

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
Active - Discovery Personal Injury/Dangerous
Condition
Plaintiff 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; Plaintiff's deposition
scheduled for 8/21/2024.

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

Savage, and DOES 1 to 100
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-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 was
continued on co-defendant property owner,
Burbank Investment Service's ("Burbank")
motion to 10/11/2024; Plaintiff's deposition
was completed on 4/25/2024; Burbank has filed
a Motion for Summary Judgment (MSJ); the
parties have stipulated to allow Plaintiff to file a
First Amended Complaint, and to continue
hearing on Motion for Summary Judgment and
trial - order is pending.

According to Proof
SCV-272486 Eveline Jones v. City of Santa Rosa; and DOES 1 to 50
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; Plaintiff's
deposition was completed on 7/15/2024;
Mediation set for 8/14/2024; Trial set for
11/08/2024.

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 AUGUST 9, 2024
SCV-272709 Steven Hodges v. City of Santa Rosa, County
of Sonoma, Lucinda R. Heifner, and Does 1 to
25 Active - Pleadings Personal Injury/Dangerous
Condition
Plaintiff alleges they suffered injuries
when they tripped and fell due to
dangerous condition of sidewalk
Complaint served on defendant City of Santa
Rosa on 9/28/2023; the Court filed an Order
and Notice of Entry of Dismissal on 9/26/2023
dismissing the entire action without prejudice
for failure to prosecute; dismissal was vacated
on 11/02/2023; City filed Answer and initial
discovery on 4/18/2024; Plaintiff failed to
provide substantive discovery responses;
hearing on motion to compel to be heard on
8/30/2024; Case Management Conference
continued to 11/12/2024.

According to Proof 9/26/2023
SCV-273290 Josefina Moreno v. City of Santa Rosa,
Geovanni Rechy Corona, and Does 1 through
50 Settlement Pending 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;
settlement has been reached and the parties
are awaiting executed Settlement Agreement
and Dismissal of action; Notice of Conditional
Settlement has been filed with the court.

According to Proof 15,000.00$
SCV-273819 Adam Moeller v. City of Santa Rosa, Joseph
Vizcarra, and Does 1-10
Active - Set for Trial Personal Injury/Dangerous
Condition
Plaintiff alleges a City employee
negligently operated a City bus
causing collision with Plaintiff's
vehicle, resulting in injuries and
property damage to Plaintiff.

Complaint served on 08/09/2023; initial written
discovery has been completed; subpoenaed
records have been received and Plaintiff's and
treating physician depositions are set for
8/27/2024; Trial has been set for 10/25/2024.

According to Proof

POLICE ACTION
24CV00878 Sarah L. Shrader v. SRPD, J. Tamyo, M.

CHanin, John Doe, Sonoma Sheriff, MADF,
and CFMG
Active - Pleadings Police Action Plaintiff alleges false arrest by Santa Rosa Police Department
Complaint served on City on 5/24/2024; City
granted a 30 day extension to file a responsive
pleading; City's Demurrer to Complaint filed on
7/24/2024; Hearing on demurrer set for
10/9/2024; Case Management Conference
scheduled for 1/16/2025.

According to Proof
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
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)
motion taken under submission; Rule 12(b)(6)
motion granted and case dismissed. Time to
appeal has run.

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
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
Service of Complaint on all defendants is
complete; defendants filed Answer on
10/30/2023; discovery was stayed pending
mediation; mediation was unsuccessful;
discovery has commenced; dual Motions for
Summary Judgment are set for argument on
8/29/2024; Trial scheduled for 11/4/2024.

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 AUGUST 9, 2024
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 Plaintiff alleges damages related to excessive force, battery, Bane Act
Violation and Negligence.

Complaint served on the City 9/1/2023; Plaintiff
filed a First Amended Complaint; City and those
individual officers served have answered;
depositions of Plaintiff and the individual officer
defendants have been completed; Court
ordered settlement conference was
unsuccessful and a further settlement
conference is set for 11/22/2024; Trial set for
1/6/2025.

According to Proof
3:24-cv-01718-AGT Esabela Maria Gatlin and Ashley Anurag Singh v. City of Santa Rosa and Does 1
through 10
Active - Pleadings Police Action Plaintiffs allege they were falsely arrested by SRPD SWAT Team
Plaintiffs filed their section 1983 Complaint on
03/19/2024; City has filed an Answer to
Complaint; Initial Case Management
Conference to be set.

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 was due 04/15/2024 with
City's response due on 5/15/2024. Plaintiff has
failed to file his opening brief; Appellate court
issued Order Dismissing Appeal for Failure to
Prosecute on 5/24/2024 which will become
effective on 6/14/2024.

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 and trial is
currently scheduled for 8/23/2024; The City's
next status report is due filed on 1/23/2025.

Unknown
SCV-273745 Hiramu El-Kenyatta Bey v. Carla Rodriguez,
Troye E. Shaffer, Mathew Hobson, Mathew
Henning, Paul James Lozada, Jill Ravitch,
Barbara Nanney, Christopher Honigsberg,
Dana Beernink-Simonds, SRPD Garrison
Swartz, Amanda Bisagno, WELLPATH Denise
Garcia, WELLPATH C. Garcia, WELLPATH
Apple By, and DOES 1 to
Active - Pleadings Police Action Breach of contract, fraud, negligence, intentional tort
Complaint was served on City on 4/11/2024;
City's Motion to Quash Service of Summons was
granted on 8/5/2024; awaiting Court's order.

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
The City's Motion for Summary Judgment as to
the sole remaining cause of action in the case
was granted on 5/22/2024; Notice of Entry of
Order was filed and served on 6/26/2024; the
parties are preparing a proposed final judgment
for submission; Case Management Conference
is scheduled for 8/22/2024 for case status.

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 AUGUST 9, 2024
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
Active 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;
Hearing on Writ of Mandate was 5/24/2024; on
5/31/2024, the Court denied writ and
petitioner's motion for stay; on 6/6/2024 the
Court granted in part petitioner's ex parte
application for a stay, temporarily staying
enforcement of the Court's 5/31/2024 ruling
denying the writ until 8/9/2024; Plaintiff served
a Notice of Appeal of the Court's judgment on
7/16/2024; Petitioner's Writ of Supersedeas
and request for stay was denied by the Court of
Appeal on 7/31/2024.

According to Proof

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