San Bernardino County and the city of Ontario are denying liability for the drowning deaths of three people swept away in 2022 by a deluge of rainwater that swamped a homeless encampment in a flood control channel.
The denials are detailed in recent federal court papers filed in response to a November 2023 wrongful death lawsuit on behalf of the estates of the deceased victims — Anthony Ray Lopez Sr. and Madeline Velasquez, who lived in the flood control channel in the 200 block of East Fourth Street in Ontario, and Josephine Guadalupe Dominguez, who was visiting the encampment to assist the homeless.
The lawsuit alleges San Bernardino County, Ontario and the state negligently allowed individuals to live in the flood control channel, placing them in danger, and failed to regulate water levels in basins, storm drains and reservoirs during heavy rains.
In a response filed with the court last week, Ontario said the lawsuit should be dismissed because the plaintiffs have ignored the distinctions, functions and responsibilities of the three government entities.
“Plaintiffs try painting all the defendants as liable using sweeping, generic allegations, none of which rise above the mere possibility of culpability,” city officials said.
San Bernardino County’s response further attacked the lawsuit, calling it “completely devoid of facts.”
“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 response said. “Such conduct fails to show intentional interference or attempted interference with plaintiffs’ constitutional or legal rights.”
Additionally, the county argues the storm drain was used for its intended purpose during the record-breaking rainstorm and “sovereign immunity” applies to negligence and wrongful death claims.
Christian Contreras, an attorney for the plaintiffs, could not be immediately reached for comment Wednesday, Jan. 17.
Lopez, Velasquez and Dominguez were the only fatalities among 10 people swept away on Nov. 8, 2022, when a large volume of fast-moving water entered the West Cucamonga Channel.
Members of the Ontario Fire Department along with dive crews spent several days searching for possible drowning victims in the floodwaters.
Ontario owns and maintains about 137 miles of storm drains, culverts, and channels while the San Bernardino County Flood Control District is responsible for regional flood control protection, according to the suit. The state owns storm drains along Caltrans’ 10 and 60 freeway corridors.
All of the city-owned and state-owned facilities drain to several regional facilities owned and operated by the San Bernardino County Flood Control District.
The suit alleges that Ontario, San Bernardino County and state officials showed “deliberate indifference” by allowing heavy rains to flow into the flood control channel even though they knew homeless individuals lived there.
“It was foreseeable that opening the floodgates would expose Lopez Sr., Velasquez and Dominguez to the danger of death or serious bodily injury because heavy rains would violently sweep away anyone who was in the … storm drain,” the suit states.
