SAN DIEGO — Hundreds of South San Diego residents and property owners have joined together for a mass lawsuit against the city for the loss of homes, businesses and other property during the January 22 floods.
In a non-conformed lawsuit obtained by CBS 8, a total of 270 property owners say the city failed to maintain or improve the Chollas Creek storm drains and storm channels ahead for decades leading up to the historic storm this year that dropped several inches of rain in less than a few hours. The downpour inundated storm drains which caused the water to back up and flood entire streets.
"Justice will not be served until those who are unaffected are as outraged as those who are," reads the lawsuit.
The complaint alleges that the city was aware that the cost to maintain and improve San Diego's aging stormwater system outpaced revenue. Yet, despite this, the city, according to the complaint, took "little to no action to develop and pursue a long-term funding strategy," causing what attorneys say was a "moderate inflow of failures into a deluge of need."
In their lawsuit, the plaintiffs say that city engineers told the city as far back as 2016 that the South Chollas Creek Channel needed maintenance.
Their attorneys argue that the city was not only negligent for ignoring maintenance needs but that it is responsible for effectively taking their property without compensation. They estimate the city should be on the hook for more than $100 million.
"It's like saying 'I have a hole in my roof, but I'm gonna put a new kitchen,'" said plaintiff Greg Montoya during an interview with CBS 8 Tuesday morning. "Shouldn't you fix the roof first? So I don't understand the logic of Todd Gloria and the city council. There's no logic to it. How can you put millions of dollars in bike paths knowing the storm drain system is inadequate?"
"We're hoping a lawsuit with the magnitude of this size will finally get the city's attention to stand up and do what's right for its residents," said attorney Evan Walker. He is one of the attorneys representing the plaintiffs.
He said this lawsuit is just the first of several lawsuits that will be filed. Even though Southeast San Diego saw the worst of the flooding, he said there are other cities within the county where homes were damaged too.
The filing comes at an inopportune time for Mayor Todd Gloria and city councilmembers as they grapple with plugging a $170 million budget hole. Currently, city councilmembers are reviewing the mayor's budget which proposes millions in cuts to city services.
The lawsuit also comes as the Mayor and elected officials will soon begin to lobby for the passage of a new stormwater tax which if passed could help pay for the more than a billion dollars in necessary stormwater fixes.
CBS 8 reached out to the city for comment. The city has not been served with the lawsuit yet. A spokesperson for the San Diego City Attorney's Office said it will not comment on this pending litigation.