Flooded mobile home park owners sue: Residents unlikely to receive money in case against Caltrans

“Nobody ever did anything about maintaining or even inspecting that [valve],” said David Finkelstein, an attorney representing the park owners. “We’re still concerned with whether there’s a regular maintenance program.”

Although Caltrans has since unclogged the pipes and repaired the valves that release stormwater into the Bay, predictions that El Niño will ramp up in the coming week have some worried.

“I just heard on the news it’s going to rain, so I’m nervous as hell,” said resident Debra Swensen, who’s lived at the park for 15 years.

In December 2014, a winter storm overwhelmed the homes abutting southbound Highway 101 on Harbor Boulevard and its residents were forced to evacuate as numerous properties flooded — some overrun with several feet of water — and officials yellow-tagged numerous trailers for days.

Yet the lawsuit, which is seeking nearly $214,000 to cover the costs of repairs to the property including the park’s main office, does not include support for residents whose homes or belongings were damaged.

Residents were advised to submit individual claims for reimbursements to Caltrans, but many were denied, Swensen said, adding she has health problems that were exacerbated by the flood as she got an infection on her feet after awaking to dirty water in her home. She too didn’t receive any reimbursement from the state.

Between damage to her property, having to board her dogs while she stayed at a hotel immediately after the flood and spending 11 days in the hospital to treat her infection, Swensen said the incident caused her significant hardship.

She’s heard a few residents were awarded reimbursement, such as one who was given nearly $1,000 for tools. But many simply gave up on the process after being rejected, unable to produce receipts or due to language barriers, Swensen said.

Finkelstein said this particular lawsuit is not a class-action case and doesn’t cover damage to individual residents. Assistance was provided to tenants when filling out their reimbursement forms at a meeting. Finkelstein said his firm hasn’t been contacted by residents about being denied and wasn’t aware of the status of their claims.

Finkelstein said he’s hopeful the case will be resolved, but frustrated that it came to this point. The park owners originally submitted a detailed claim for reimbursement to Caltrans — expenses range from $12 for concrete to $20,000 for electrical work. But the state agency said the amount was too large for the board to approve and instructed them to file suit instead, Finkelstein said.

“I’m disappointed that we had to file suit because we filed a comprehensive claim, we enclosed proof of all the damages and the response that we got was that the amount is so high, that we can’t settle without litigation. So we filed and we’re still hopeful now that we’ll have someone look at it who will resolve it with us,” Finkelstein said.

Still in the discovery or investigation stage, Finkelstein said they opted to include the city of Belmont and San Mateo County as defendants because it’s possible the failed pipes cross jurisdictions or other systems contributed to the backup.

Belmont City Attorney Scott Rennie said the faulty pipes or valves that caused the flooding are not part of Belmont’s storm system and the property is technically in unincorporated San Mateo County.

Finkelstein noted Belmont officials have been very sympathetic and the lawsuit would be amended if it’s determined the city or county isn’t at fault.

County Counsel John Beiers echoed Rennie’s defense that the pipes in question aren’t under the county’s control. Furthermore, the park owners legally should have filed a government claim with the county before filing suit and have exceeded the statute of limitations, Beiers said.

“We think the lawsuit really misses the mark against the county,” Beiers said, adding his office plans to contact the plaintiff’s attorneys and “respectfully request they dismiss their lawsuit against the county. If they don’t, then we’re going to be seeking our costs in attorneys’ fees to get the case dismissed. … The pipe is the sole responsibility of the state, of Caltrans and there’s really no ambiguity there at all.”

A Caltrans official said they could not comment on pending litigation and were in the process of reviewing the case.

For Swensen, who said she’s still healing from her infection and trying to repair parts of her property, the lawsuit may not provide her with much reprieve.

“Everything’s messed up, outside and inside. … If they sue, I think they should share it with everyone,” Swensen said. “At the least, I want my medical bills paid for. I was in pain because of this.”

samantha@smdailyjournal.com

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