LOS ANGELES (Legal Newsline) - A California county says it is not to blame for the drowning of three homeless individuals in a storm drain during a historic storm.
San Bernardino County on Dec. 18 in Los Angeles federal court filed a motion to dismiss the lawsuit brought by the estates of three people - Anthony Ray Lopez Sr., Madeline Velasquez and Josephine Guadalup Dominquez. They drowned in November 2022 while living in a storm drain on East 4th St. in Ontario.
They were swept away by rushing water in a storm basin during what San Bernardino County called a "record-breaking" storm. It was reported that more than nine inches of rain fell in 48 hours in the county.
"There are no allegations the system malfunctioned or failed to operate as intended," the motion to dismiss says. "Plaintiffs, through the liberal use of conclusory and bombastic allegations, attempt to convert their wrongful death and survivor claims (which appear to be based on a dangerous condition of public property...) into a series of alleged civil rights violations.
"The plaintiffs contend, without any factual support whatsoever, that the intentional and malicious actions of the county and unnamed county employees constituted violations of the plaintiffs' constitutional rights."
The lawsuit alleges the defendants' employees opened flood gates in order to permit water to travel to the storm drain where the plaintiffs were present.
The plaintiffs further allege the defendants were aware that the plaintiffs were present in the storm drain and that 10 people were swept away by the water.
They allege the defendants' employees failed to properly operate the flood control system and maintain the basins, storm drains and other water reservoirs.
San Bernardino County argues that:
-Civil rights claims should be tossed because the plaintiffs can't show a municipal employee committed a constitutional violation pursuant to an official policy or longstanding practice or custom;
-Sovereign immunity from liability applies to the negligence and wrongful death claims; and
-The storm drain was used for its intended purpose, so no intentional interference of the plaintiffs'' constitutional rights exists.
Other defendants include the City of Ontario and the State of California.