SAN DIEGO — Residents in a La Jolla condominium complex whose homes were nearly swallowed up by a massive sinkhole that formed last March and who have been displaced from their homes since October are prepared to take legal action against the city.
Documents obtained by CBS 8 through a public records request, show that the city has received eight claims from homeowners as well as renters who are looking to be paid for their damaged belongings or hope to recoup rental income lost since the city forced them to leave in early October 2023 for safety issues.
Meanwhile, other displaced residents, such as Kyle Voors and his wife, say the city is now leaving them out to dry to find a new place to live without their belongings and any rental assistance.
The sinkhole
The land near 8803 Gilman Drive gave way due to a broken storm pipe that burst after a series of storms in March 2023.
From March through October, crews worked to stabilize the area, however, city emails show that the land underneath was unstable.
More wet weather arrived in the form of Hurricane Hillary which struck San Diego as a tropical storm this past August. The already unstable earth became more unstable, with the sinkhole expanding to a width of more than 50 feet wide and at least 35 feet deep.
Voors and his wife lived feet from the sinkhole, their front door blocked by large compactors and earth movers from April to October when city engineers ordered residents to vacate the property.
It was during that time, Voors said that he witnessed cracks inside of his La Jolla apartment etch their way across the ceiling and along the floorboards.
It was also during that time that Voors said he pleaded with the city to assess the damage and to move residents out to avoid the possibility of their apartments falling into the giant hole.
"There was a water line that broke six times, while we lived here because the sidewalk kept falling," Voors said.
After being forced to live in a hotel for the past three months, unable to return to his apartment for his and his wife's belongings, Voors told CBS 8 that the city will soon stop paying for their hotel and fears that he and his wife will not get reimbursed for their belongings, upcoming moving expenses, and for the rental deposit.
"It was complete negligence by the City, they should all be fired - every single one of them," Voors added.
Meanwhile, other residents at the Gilman Drive apartments, now seek legal recourse.
In one of the eight claims, obtained through a records request, a homeowner is asking that the city reimburse her for the rental income that she lost from the sinkhole.
"As an owner, [I have lost] monthly rental income of $3,100, while still paying HOA fees and property taxes, et cetera. I have not been able to enter the unit to assess the damages," reads the November 2023 legal claim, a precursor to a lawsuit.
The City's response
A city spokesperson told CBS 8 safety is the city's top priority.
In terms of why the city waited in the months leading up to red-tagging the buildings and forcing residents to move out, the spokesperson said that the "decision to require people to leave their homes is something we do not take lightly, so we must take our time and conduct the proper assessments to make sure that step is necessary."
The spokesperson said that the area has since been stabilized as crews work to backfill the large sinkhole.
As for claims that the city will soon stop paying for hotel rooms for the tenants of the two buildings who were told to evacuate, the spokesperson said that because of the size and scope of the project, and the extensive time needed to perform those fixes, the city informed residents on November 7, 2023, that it was no longer willing to pay for hotel rooms on February.
"This will allow renters direct access to all of their belongings in a more standard living situation while the City's Risk Management Department works to close renters’ claims filed against the City," the spokesperson said. "Owner-occupants of units at 8803 and 8807 Gilman Drive may continue to live in the accommodations provided by the City beyond January as the City continues to work through a long-term solution for the future of the buildings. Other accommodations for owner-occupants may be provided in the future."
The spokesperson said the city expects to allow tenants to retrieve their belongings in the coming month. It is also working with local moving companies to provide assistance moving into new rental units as well, said the spokesperson.
Added the spokesperson, "We recognize that this has been an unfortunate situation for the impacted families. We have made every effort to speed up the process of providing assistance and resources during this difficult time. We have remained in routine communication with the impacted residents, providing updates on both the ongoing sinkhole project and the status of the buildings, and we plan to do so until this situation is fully resolved."