SAN DIEGO — An attorney who helped homeowners sue the city of San Diego over flood damage to their homes back in 2019, announced Wednesday, that he's been hired to once again take legal action against the city.
"You have to listen to your residents," said attorney Evan Walker. "People have been telling the city about this for years, they've been telling the city, 'Get out here, fix the drainage' and the city hasn't done it."
One of Walker's clients is Greg Montoya. Montoya was part of the 2019 lawsuit against the city over drainage issues. The lawsuit ended in a settlement.
Last week, Montoya's home flooded again.
"They're going to claim this 'Act of God' thing, this 1000-year storm. That's the same defense they used in 2019," said Montoya.
Walker said he's filing a tort claim with the city. He said the city has 45 days to respond. If the city doesn't settle the claim, Walker said they will sue.
He said nothing has changed since the 2019 lawsuit. He said the drainage problems were never addressed. He believes if the city had cleared the channel that runs behind Montoya's Southcrest home like Montoya had told them, none of this mess would've happened.
Montoya said he has documentation proving he's begged the city to clear the channel for years.
"The city of San Diego should count their lucky stars nobody died," said Montoya. "Somebody could've died. So many elderly people who couldn't evacuate live in this community and that water was rushing in so fast."
Walker said he's partnered with a law firm out of Los Angeles that specializes in handling large tort lawsuits.
CBS 8 reached out to Mayor Gloria's office Wednesday afternoon. So far, we have not heard back.