Thursday, September 3, 2020

Family of bluff collapse victims sues city, state, HOA

 LA Times:

The family of three women killed when a bluff collapsed at an Encinitas beach last year filed a wrongful death lawsuit Wednesday naming the city, the state and entities tied to the condo complex land overlooking the state beach where the sandstone slid.

The suit alleges negligence and dangerous conditions at the property where the Aug. 2, 2019 collapse happened, along a stretch of bluff at Grandview Beach, at the bottom of a steep set of stairs.

30 comments:

  1. Aren't bluff collapses considered "acts of God"? Given the rational of the claims of this lawsuit, the entire coastline is a hazard waiting to happen.

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    1. You are correct. Anyone that sits or lays at the base of a beach cliff is a fool. In general a yard of soil weighs about 2700 lbs. I guess they should have included the creator in the suit.

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    2. They couldn't serve HIM with a summons....

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    3. The only one that allows lawyers entry was busy stirring the fires in the cavernous pits of despair....

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  2. Blakespear was told about these hazardous condtions and choose to do NOTHING! How many lawsuits does the city have against them? 12???

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    1. If you are referring to soils and cliffs, there is nothing that can stop the falling/crumbling of soils. Well, there is, but hundreds of millions of dollars isn't going to occur. Who, with any sense inhabits real estate at the base of a cliff and thinks nothing will happen?
      This is all on the people that sat where they should have not. Gawd people are dumb

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    2. One report said that the family was told by the lifeguard on duty where to place their towels; that is hard to believe. Why would a lifeguard even notice where they were, other than a passing glance. This lawsuit borders on spurious.

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    3. Imagine if a boulder had fallen on someone's head. Who's fault would that be? The boulders? If I'm on that jury you ain't getting a dime. I'm sorry for your loss but no dime.

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    4. The parties involved will undoubtedly settle, as the costs of litigation are so high. The plaintiffs can't be counter-sued, as they are seen as "victims". One would have to prove malicious intent, which is impossible. Financial gain (aka pain and suffering) is acceptable as a motive.

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    5. The homeowners could do nothing, as the California Coastal Commission determines what (if any) bluff protection is allowed. Sue them for failure to allow any protective measures to be taken. Then sue the Surf Riders Assoc., for they protest allowing any permits for sea wall or protective devices to be installed. This lawsuit goes after the wrong entities.

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  3. At last count the city has lawsuits against property owners for the roundabouts and streetscape, and the city sewage into the lagoon along Manchester, against the residents of Encinitas on Prop A, the personal injury and death liability lawsuits against the city and council including the cycle trap on 101 - probably closer to 25 lawsuits and growing.

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    1. The city has no lawsuits against owners parts of whose property the city needs for Streetscape. The city is or has negotiated the buying prices.

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  4. But let's not forget the MOST important point of this story. Marco Gonzalez could hardly wait to see what Julie Thunder would say about the lawsuit regarding the three dead women. Marco's questions is really the most important issue. It isn't even his question. It is OF COURSE Marco! Blakespear, Kranz and Hinze are Marco's Choices.

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  5. It’s Friday, September 4th 2020, and Catherine Blakespear and the Enc City Council is the most corrupt elected group in Enc history.

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  6. Far more people have died in the waters offshore. I guess we should expect lawsuits until concrete jetties are installed to calm the waves and rip currents.

    All natural hazards must be rendered safe with concrete.

    It’s almost like some campaigns are being funded by concrete money.

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  7. It's almost like some PACs are made up of developer money dedicated to getting the mayor elected: https://beachstreetdev.com/team/

    Spoiler alert! Fourth partner down is a name you'll recognize.

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    1. Blakespear-Gonzales in full swing

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  8. When calamity strikes, Americans think someone is to blame. It is all about the almighty buck. Live in a bubble if you want to be "safe"; but even bubbles burst.

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    1. In general people are stupid. They cannot comprehend how anything they do could be their fault. Example?
      The poor deceased people under thousands of pounds of collapsed soil. Or the brain dead throwbacks that get themselves done in by Police Officers...while attacking Police Officers. Yes, those. It's always someone else's fault. Everyday is a school day, learn and practice, you'll do better in life. And, just maybe you won't get yourself killed.

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    2. 10:08,

      Let’s ask Philando Castile if complying with police instructions is the solution.

      Oh, wait. We can’t. He’s dead. Cops shot him while he was complying.

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  9. OK. but I'm not sure what to do with your comment. Thanks I guess?

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  10. Walk down the beach on any day and you will see throngs of people sitting within flattening distance from the bluff's edge - why don't the lifeguards enforce an "safe" distancing policy? There have been a number of collapses, but fortunately no one was under them at that moment. Maintaining and enforcing a reasonable distance away from the bluff edge is the least the city can attempt to achieve towards avoiding calamity.

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    1. Then what you are admitting is that people are much to stupid not to sit at the base of a cliff...right?
      The lifeguards job is to watch the water for people in trouble. That's their job. If you want their job to be different then you need to work in the field that makes those rules change. That will include every beach cliff in California where people inhabit.
      Can I educate you on anything else?

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    2. Since when did you qualify to define the parameters of the lifeguard's duty? It's "life" guard - water or land. If they are stationed in an area, that is their responsibility. And yes, many people are unaware of the dangers of sitting under the bluffs. It appears you can provide no useful remedy.

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    3. Since when did you define the government should do your thinking for people so dumb as to not sit below cliffs of stone and soil. Try thinking for yourselves, use what little sense the gawds gave you. And STOP blaming everyone else for your bad decisions. It's getting old.

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  11. So they acknowledge in their lawsuit that the seawall by the stairs contributed to weakening the cliff next to it, but then they are also pressuring the state to allow for the expansion of seawalls?

    Seawalls for those who can afford them, cliff collapse for the rest of us!

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    1. Fuck that.

      No bunker ‘da beach, Brah!

      ^^I want that on bumper stickers.

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  12. Julie must be ecstatic about the additional lawsuit!

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