A Santa Monica condominium owner and his tenant have reached a tentative settlement in their lawsuit against the city in which both alleged negligence by workers for the municipality caused a sewage backup that damaged the home and their belongings.
James Chen and the live-in tenant at his property, Michael Spragg, filed the negligence suit against the city in Santa Monica Superior Court in September 2023. Their attorney filed court papers with Judge Mark A. Young notifying him of a “conditional” accord along with the expectation a request for dismissal will be filed by Sept. 9. No terms were divulged.
The city maintained in their court papers that the flooding was of a “minor, trivial or insignificant nature in view of the surrounding circumstances.” They filed a cross-complaint against the 1749 12st Street HOA, which oversees the property where the condominum is located.
The city contended that the HOA contributed to the sewage backup by failing to install or require installation of backwater valves. The city sought compensation for a fair share of any damages assessed against them.
According to the Chen-Spragg suit, in October 2022 the city’s employees negligently performed work on sewage and drainage lines that were connected to their premises, causing dirty sewage water to flood the condominium and damage both the residence and the plaintiffs’ personal property.