San Diego County is currently facing a wave of litigation stemming from severe flooding that occurred in January 2024, prompting legal action from over 1,500 residents.
The city of San Diego is at the center of these lawsuits, with many residents accusing it of failing to maintain stormwater infrastructure, which they claim led to catastrophic flooding in underserved areas, particularly in the Chollas Creek watershed.
As a result, thousands of residents have been displaced, and recovery efforts are still underway for many affected families.
In the past few weeks, the city has taken a defensive stance, filing countersuits against 11 individuals—including two flood victims—asserting that these parties failed to adequately maintain drainage facilities on their properties.
According to a spokesperson from the City Attorney’s Office, the city’s legal team contends that these individuals may have engaged in activities that either diverted or intensified stormwater runoff from their properties.
Additionally, the La Mesa-Spring Valley School District has entered the fray, filing its own countersuit against two residents alongside the County of San Diego, claiming these parties bear responsibility for the flood damage.
Neither the school district nor the county responded immediately to inquiries regarding their actions.
The city’s countersuits appear to be part of a broader strategy to address the complex legal issues surrounding the flood damages, according to the statement from the city attorney’s office.
The city insists that it is committed to uncovering the role of potential third parties involved in the lawsuits with a goal of achieving a fair resolution.
However, many lawyers representing flood victims, like Evan Walker, interpret the city’s legal maneuvers as defiance rather than cooperation.
Walker expressed concern that the countersuits send a disturbing message to those affected by the floods, suggesting that the city is unwilling to take accountability.
“It seems to me that it just sends a message to the flood victims: ‘If you start to hold us accountable, we’re not going to just take that lying down,’” Walker stated.
He had anticipated that the city would counter with suits directed at larger entities such as the county or SANDAG but was surprised to see residents being named as defendants.
This has further fueled skepticism among victims, showcased by Clariza Marin, a community leader managing recovery initiatives for flood-affected residents.
Marin reported that numerous residents have reached out to her, expressing fear regarding the implications of the new lawsuits, fearing further victimization rather than accountability for the city.
“People were freaking out,” she affirmed. “It makes it rather scary to know that not only are they (the city) not going to be held accountable, but now they are putting it back on them.”
There are also concerns that the countersuits could exacerbate the ongoing issues with stormwater management.
Residents may feel compelled to take it upon themselves to clean flood channels instead of relying on the city to conduct regular maintenance, raising fears about the future resilience of the area.
Marin highlighted the detrimental impact this strategy may have in a time when community trust needs to be rebuilt.
“It’s unfortunate, because it’s going in the wrong direction,” she said.
“The city’s countersuit presents another delay to the flood victims’ litigation,” Walker confirmed, “but it doesn’t fundamentally change the case.”
As the legal situation unfolds, a status conference is scheduled for mid-July, with expectations of consolidating the 54 lawsuits into a master complaint before the close of summer.
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