LANDSLIDE LITIGATION

Homeowners damaged by the Mount Soledad, La Jolla landslide on October 3, 2007, should immediately hire a competent subsidence, landslide and government claims attorney.

A developer originally attempted to develop the 5700 block of Mount Soledad Road of La Jolla during 1961.  However, grading resulted in a massive landslide.  Pictures of that landslide made the front page of all San Diego newspapers.  The developer then sued the City of San Diego alleging a dangerous condition of public property.  The City settled the developer's lawsuit but the terms of the settlement were never disclosed to the public.

Homes were constructed in the 5600 and 5700 blocks of Mount Soledad Road and Desert View Drive from the late 1970s through the early 1990s.

In the early 1990s, the homeowner of 5613 Desert View Drive, Behnam Badiee, sued his neighbor, Sylvan Cooper, alleging that construction of the caisson foundations for the Cooper residence caused a loss of subjacent and lateral support, damaging the Badiee residence.

Sylvan Cooper responded by suing the City of San Diego, alleging an active landslide existed under the streets owned by the City of San Diego in the 5600 and 5700 blocks of Mount Soledad Road and Desert View Drive; this landslide was damaging the Badiee, Cooper and other residences; the City had actual knowledge of this dangerous condition of public property since 1961; and the City was responsible for all repairs and damages.

Geotechnical experts made numerous borings into the City's land and discovered that an ancient landslide plane, or clay seam, existed underneath the City's land and was moving, causing land to move downhill onto the Badiee and Cooper residences.

The City spent more than $400,000 to defend the case.  Shortly before trial, the City settled, agreeing to fix the landslide, pay Mr. Badiee $391,500, and allow Mr. Cooper to complete the construction of his residence and be granted a final building permit.

During 1993, the City paid approximately $550,000 to have the repair of the landslide designed and constructed.  The City installed forty (40) steel reinforced concrete piers underneath the 5600 and 5700 blocks of Desert View Drive, extending from the surface, through the landslide plane, and anchored to the underlying bedrock.  The fix was designed to provide lateral residence to the landslide plane and stop the landslide.

The City's repair is located approximately 300 feet directly downhill from the landslide which damaged numerous homes on October 3, 2007.

The City of San Diego's 1993 fix of the Mount Soledad landslide has not worked, and the October 3, 2007, landslide resulted.

California law gives only a short period of time to file a claim against a city.  Because of the short time period, homeowners damaged by the Mount Soledad landslide should immediately hire a competent subsidence, landslide and government claims attorney.

Rory R. Wicks is the Senior Partner of Coast Law Group LLP (CLG), a 10-attorney firm based in Encinitas, California.  Rory chairs CLG's General Civil Litigation and Appellate Practice Group.  Rory has twenty-eight years experience in construction, construction defect, landslide, subsidence, government claims and environmental litigation; and has tried twenty civil cases to verdict.  Rory represented the developers in the Fletcher Terrace Hills, El Cajon landslide litigation during the 1980s; represented the homeowners who successfully sued the City of San Diego over the 1990s Mount Soledad landslide; and has prosecuted numerous environmental cases against the City of San Diego.  Rory teaches environmental litigation at California Western School of Law in San Diego, and trial advocacy with the National Institute of Trial Advocacy (NITA). 

Rory can be reached at 760.942.8505 (office) or 619.838.3386 (cell).

About Coast Law Group

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COAST LAW GROUP LLP

169 Saxony Rd., Ste. 204

Encinitas, CA 92024

(760) 942-8505