More than a dozen San Diego County residents are being accused of contributing to the damage from last year’s flooding — most of them by the city of San Diego, and now another two by an East County school district.
The new accusations come within a wave of litigation that the city of San Diego in particular has faced from hundreds of people since stormwater overwhelmed city infrastructure in January 2024.
More than 1,500 people are suing the city in 54 lawsuits, saying its failure to maintain its storm channels led to catastrophic flooding that displaced thousands, mainly in underserved neighborhoods in the Chollas Creek watershed. Many are still rebuilding.
In recent weeks, the city has filed countersuits against 11 parties — including two flood victims — maintaining that they were responsible for maintaining drainage facilities on their properties or that they “took action on their properties that might have diverted or increased storm water runoff,” the City Attorney’s Office said.
And on Friday afternoon, the La Mesa-Spring Valley School District filed its own countersuit against two residents and the County of San Diego, alleging they are liable for flood damages. Neither the district nor the county could immediately be reached for comment.
The city says it filed its cross-complaints “as part of the approach to these complex legal issues,” a city attorney spokesperson said in a statement.
“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,” the statement read.
But to Evan Walker, one of the lawyers representing flood victims suing the city, the move seems more defiant.
“It seems to me that it just sends a message to the flood victims: ‘If you start to hold us accountable, we’re not going to just take that lying down,’” he said.
Walker added that he expected the city to file a countersuit — but against one of the other defendants in his clients’ case, such as either the county or the San Diego Association of Governments, or SANDAG.
He was surprised when they filed against some of the residents themselves.
“I think the other message that it sends from the city is that the city is still not serious or willing to come to the table and compensate these flood victims,” he said.
The city’s countersuit comes after it tried to reduce the legal claims against it earlier this year over its management of stormwater infrastructure in southeastern San Diego. A Vista judge ruled in March that only one claim would be thrown out and five would proceed for now.
In addition to the 11 parties it names as defendants, the city’s countersuit also lists 1,000 unidentified defendants — people or entities that could also be responsible. Walker expects the city to bring them in at a later date.
Clariza Marin, who has led community recovery and rebuilding efforts for people affected by the floods, said that several of them have contacted her with concerns about what the new litigation means for them.
“People were freaking out,” she said. “It makes it rather scary to know that not only are they (the city) not going to be held accountable, but now they are putting it back on them.”
She also worries the countersuit could worsen the stormwater infrastructure problems, with residents “scrambling” to clean flood channels — rather than the city performing regular, cohesive maintenance.
“It’s unfortunate, because it’s going in the wrong direction,” she said. “We’re trying to rebuild trust. If we’re trying to heal, if we’re trying to build resiliency, it takes that mutual respect.”
The city’s countersuit presents another delay to the flood victims’ litigation, Walker said, but added that it doesn’t fundamentally change the case.
The next status conference is set for mid-July. Walker said he hopes to have a master complaint on file — one that combines all 54 lawsuits into one complaint — by the end of the summer.