The El Nino Aftermath: A Deluge of Lawsuits

John Goscinski loved his Laguna Beach hillside home on Nye’s Place. It had everything right: modern architecture, a canyon setting, sweeping views of the Pacific Ocean.

But El Nino storms last fall left several feet of mud and water in the palatial, three-story house, transforming his dream home into a nightmare. He filed a claim against the city seeking $500,000 for an alleged faulty neighborhood storm drain system. The city rejected the claim, and Goscinski sued.

In the aftermath of El Nino, legal battles such as Goscinski’s over flood damage are mounting against cities in Orange County.

About $2 million in claims from El Nino-related flooding have been filed against Laguna Beach. Newport Beach and Costa Mesa report a total of $816,000 in claims so far. Huntington Beach has claims ranging from minor, such as car seats, to $30,000 for damaged homes.

Meantime, the deadline for applying for federal disaster relief is 6 p.m. today.

Statewide, the Federal Emergency Management Agency has granted $21 million in disaster assistance to storm victims in the 40 counties declared eligible for relief by President Clinton. In Orange County, 456 renters and homeowners out of 1,826 who registered for help have received $717,071 in emergency funds.

In addition, the Small Business Administration has funded $2.4 million in loan approvals to Orange County residents. The SBA makes loans for federal disaster assistance to homeowners, renters, businesses and private, nonprofit organizations.

“There is still time for individuals and business owners to seek a wide range of assistance programs,” said Michael Lowder, a FEMA coordinating officer. “These programs cannot make disaster victims whole, but they can help people get back on their feet.”

Victims can call FEMA’s toll-free registration line at 1-800-462-9029 to register. People with speech or hearing impairments can call 1-800-462-7585.

Powerful storms driven by the El Nino phenomenon caused more than $58 million in damages in Orange County. In Laguna Niguel, heavy rainfall aggravated an ancient landslide and toppled several expensive homes. On the coast, high surf and tides pummeled many cities and homes.

In Laguna Beach, a storm that began Dec. 6 inundated the city’s storm drains and flooded the downtown business area as more than 8 inches of rain fell in 24 hours.

Hillside residents such as Goscinski could only watch as torrents of water spilled down steep canyons.

He has alleged in his lawsuit filed in Orange County Superior Court that the storm drain system above his new home failed during the night, sending huge amounts of water, mud and other debris down the hill and onto his property.

“He woke up and he found several feet of water on both lower floors [built into the hillside] of his home,” said Goscinski’s attorney, Christopher R. Clark of Newport Beach. “He had to open his patio doors to release the water.”

The lawsuit, which also names home builder Timothy J. Hickman and a Nye’s Place neighbor as defendants, asserts that similar damage occurred from a Feb. 7 storm. Hickman couldn’t be reached for comment.

Laguna Beach Mayor Steve Dicterow said he does not recall Goscinski’s negligence claim. The city attorney and a risk management consultant review each claim, he said. The City Council rejected the claim March 16.

“If we think we’re wrong or legally responsible, we try settling the case,” Dicterow said. “Here, we did not think we were at fault.”

One test courts use in negligence claims, said Philip Kohn, the city attorney, is whether the design, construction, operation and maintenance of the storm drain “was reasonable in light of all the known circumstances.”

“Reasonable engineers would tell you that the amount of rainfall from this El Nino storm was off the charts,” Kohn said.

No public agency, he argues, should be held liable for a storm drainage system that could not handle runoff from the Dec. 6 deluge because it would be “prohibitively expensive” to construct.

“Some of the rainfall episodes we’ve had from this season exceed 100-year storms, and some have approached the 10,000-year storm level,” he said.

(BEGIN TEXT OF INFOBOX / INFOGRAPHIC)

Staking a Claim

Claim applications and households assisted by the Federal Emergency Management Agency between Feb. 9 and May 6:

*--*

Households Grants County Applications assisted paid* Los Angeles 40,350 4,915 $6,000 Orange 1,826 456 717 San Diego 751 193 351 Santa Barbara 1,367 468 854 Ventura 2,069 609 886 Statewide 72,289 15,515 $21,000

*--*

* In thousands, as of May 1, most recent totals available

TO GET HELP

Today is the last day that county residents with property damage from El Nino storms can apply for federal assistance. Grants offered include:

* Temporary housing for homeowners and renters

* Minimal home repair

* Medical coverage, transportation, personal property replacement

* Advice on legal, veterans benefits and Social Security matters

* Crisis counseling and income tax assistance

Calling FEMA

Have basic information at hand such as permanent address, daytime telephone number and address of damaged property. Include insurance coverage, if any, and other information that helps substantiate losses.

* Call 1-800-462-9029 or 1-800-462-7585 (TTY), 8 a.m. to 6 p.m.

Source: Federal Emergency Management Agency; Researched by APRIL JACKSON/Los Angeles Times