The city of San Diego is countersuing some Southcrest property owners hit by last year’s devastating flood.
The cross-complaint, as it is officially called, was filed May 15. In it, the city blames the property owners for not properly maintaining drainage facilities, which caused "said properties and facilities (to) become overwhelmed or obstructed on or before January 22, 2024, resulting in flooding and damage to Plaintiff's real and/or personal property."
Evan Walker, attorney for the flood victims suing the city, said this was an intimidation tactic.
“A message the city is sending is that if you come after us, we’re coming after you,” he said.
Two of his clients are named in the countersuit, though he is not representing them in that case. Walker said the countersuit was a surprise.
"They (the city) may hope to scare some of these other flood victims from moving forward with this lawsuit,” he said.
The city faces 53 lawsuits with 1,552 plaintiffs over last year's flood. The plaintiffs claim the city failed to maintain Chollas Creek behind their homes, leading to the massive flooding.
In a statement, the City Attorney's Office said it is countersuing 11 property owners.
"(These parties) either have maintenance responsibilities for drainage facilities on their properties or took action on their properties that might have diverted or increased storm water runoff," the statement reads. "The City is continuing to investigate potential third parties’ responsibilities in these lawsuits, and we are committed to getting a just outcome for all parties involved."
Greg Montoya lives next to the creek. He is one of the plaintiffs suing the city, but is not named in the countersuit. Montoya said he's been after the city to clean up the creek for years.
“I've got hundreds and hundreds of emails and documentation telling them to fix problems in this area, and they don't," Montoya said. "But yet the city will try to spend millions and millions of dollars to get themselves out of a liability that they know they're liable for.”
Walker, the attorney, said it is the city's responsibility to maintain the creek channel.
"I think it's outrageous for the city to turn around and blame the flood victims for the flood," Walker said.
