A new class action lawsuit against the city of San Diego alleges money designated for Chollas Creek stormwater infrastructure, repairs and maintenance was used to buy the 101 Ash St. building, "a building the city could not use," the lawsuit says.
Attorneys from the firms Aguirre & Severson and Gomez Trial Attorneys announced the lawsuit on Thursday filed on behalf of nearly 100 people impacted by the January floods.
Attorney Maria Severson said residents have been affected by the city’s “utter failure” to maintain its Chollas Creek flood control infrastructure.
"What we found out during our investigation is that the city had funds to do storm water repairs, do Chollas Creek infrastructure repairs and maintenance and the city actually published and touted accomplishments. But the accomplishments we found were not really true."
She said those accomplishments were stated as being "in progress, or or to be done," but were not scheduled or performed.
"These people were still left in a dangerous condition of the city's property, and in the path of that destruction," she said.
Robert Villa is one of the plaintiffs whose family home was badly damaged in the flooding. He said he and his neighbors want justice and for the city to take accountability.
"The city failed. This, plain and simple, failed us, neglected, ignored and didn't come to the aid the way that we thought that they would. You know, having to be with my handicapped sister on one little step stool as the water is up to here and she freaking out with her mentality, not knowing what's going to happen," Villa said.
A spokesperson from the city attorney's office said they do not comment on pending litigation.
