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National City flood victims seek legal action against city

Posted at 9:01 AM, Mar 13, 2024
and last updated 2024-03-13 12:01:56-04

NATIONAL CITY, Calif. (KGTV) — Many flood victims in National City are now in the phase of taking on legal representation.

In ABC 10News' promise to continue to “Follow Through,” we’re checking back in with National City residents who lost their homes in the Jan. 22 floods.

Five households who live next to each other on E. 8th Street, off Paradise Valley Road, have just hired the same lawyer -- attorney Brian C. Gonzalez -- to represent them in their case against National City.

Their case is to have the city pay for damages after neglecting to open a grate the city installed in a storm drain that wraps around all five of their homes.

RELATED: "Remove that grate": National City victims plead with City Council one month after historic flood

Sherry and Roy Gogue are one of the homeowners, and they continue to fight for the removal of the grate, going to every City Council meeting and pleading during public comments.

The Gogues have photos of the grate being shut during the Jan. 22 storm, causing massive debris to clog the drain and overflow floodwaters onto the five household properties.

On Tuesday, the Gogues sat down with Gonzalez along with the rest of their neighbors.

Gonzalez said the problem they're facing was preventable and he said this was a National City maintenance issue that was neglected.

"They (city) knew that there was a problem last winter," Gonzalez said. "They complained and the city officials came out. They said that they would fix it and they did nothing. The fact that they didn’t do anything to prepare for this was just a further indictment of their lack of preparedness for this incident."

Now, Gonzalez is telling all nine of his clients to keep receipts and keep copies of their estimates on what they are spending out of pocket to repair their homes destroyed by the flooding.

On Feb. 29, Gonzales filed claims on behalf of his nine clients who live in the five homes, including the Gogues, who said they want to be repaid for not just the expenses to rebuild their homes, but also for hospital bills.

"We love National City and we love our home," Gogue said. "But my son suffered a bacterial infection from sitting in the water for 2.5 hours holding onto his dad. I hope that the city realizes this is something they need to take care of."

Because the claims against National City were filed on Feb. 29, Gonzales said he and his clients are now in a 45-day window where they need to give the city time to respond.

Gonzales said if the city denies their claims, they will have six months to file a lawsuit.

National City’s Risk Manager, Mike Gomez, wrote reporter Dani Miskell regarding the situation and said:

My investigation is ongoing, and it would be premature for my office to comment on this claim.
Mike Gomez, National City Risk Manager

Sherry Gogue is helping promote an important community event coming up this Saturday, March 16.

The nonprofit Adrian's Way will host a giving event, where flood victims can pick up shoes, clothes, food, furniture, and other supplies while they last.

It will be at the Ramada Hotel in National City, from 11 a.m. to 3 p.m.