Winter storm victims file lawsuits against SLO County, alleging negligence 

San Luis Obispo County is facing legal ire for allegedly neglecting some of its constituents during the historic January rainstorms and thereafter.

On Oct. 4, the parents of San Miguel's missing 5-year-old, Kyle Doan, sued the county, the city of Paso Robles, and the California Department of Transportation (Caltrans) for damages pertaining to negligence, dangerous condition of public property, failure to warn, survival action, emotional distress, and wrongful death.

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• File Photo Taken From Chantel Pascal’s Facebook
• BLEAK END After months of a community-involved searching for missing 5-year-old Kyle Doan, his parents sued San Luis Obispo County, Paso Robles, and Caltrans for negligence and wrongful death.

Floodwaters from San Marcos Creek swept Doan away from his mother on Jan. 9 as passersby helped them try to exit their stuck truck.

The search for Doan spanned months, involving the local Sheriff's Office, police departments and law enforcement around the state, and community members. At the height of the effort, nearly 300 people were looking for the boy, drawing the attention of Gov. Gavin Newsom who issued the Doan family a permission letter to conduct their own search.

The lawsuit mentioned that although Doan's body hasn't been located yet, he is presumed deceased.

"The county of San Luis Obispo is no stranger to extreme flooding," the lawsuit stated. "The county was well aware of the weather conditions but failed to warn its residents."

One such failure, according to the complaint, was a lack of road closure signs at the crossing of San Marcos and Wellsona roads. That prompted Doan's mother, Lindsy, to keep driving until her car got trapped.

The Doans blame Paso Robles and the county for the design, construction, and maintenance of those roads. The lawsuit alleges that vehicles couldn't safely travel on them in the rain because of the overflowing creek, and it called the roads a violation of the standards in the California Highway Design Manual and the state's manual on uniform traffic controls.

A case management conference is set for Feb. 14, 2024, at the Superior Court in Paso Robles. SLO County Counsel Rita Neal told New Times on Oct. 10 that while the county hasn't been served with the complaint, officials obtained a copy through the court.

"While we empathize with the grief the Doans may be experiencing, we do not agree with the merits of the suit," Neal said. "Once served, we will actively defend the county."

Paso Robles City Manager Ty Lewis expressed condolences to the Doan family.

"The city will navigate the legal process as we seek to understand how we might be involved with what occurred north of our jurisdiction. That part isn't clear yet," Lewis said. "However, we respect the family's perspective and their need for closure."

Caltrans spokesperson Jim Shivers told New Times that the department has no comment because of pending litigation.

The Doans aren't alone in their grievances against local governments' actions during the natural disaster. Oceano residents Pat and Victoria Cardoza filed a complaint against SLO County on Sept. 14 for general negligence and property damage stemming from the southside breach of the Arroyo Grande Creek levee. Their action demands an unspecified amount that exceeds $25,000.

"Destruction includes but is not limited to the lower floor of the [Cardoza's] home and all personal belongings on that floor, attached garage, hay barn, tack room, horse barn, sheep barn, arena, roads, and a rental house," the complaint reads. "Everything on the 12-acre ranch was destroyed except the second story of the [Cardoza's] home."

Heavy rainstorms starting Jan. 9 caused the Arroyo Grande Creek Flood Control Channel to swell and overflow. The volume and pace of water eroded the levee on the south side, which is the area where the Cardoza property lies.

Victoria Cardoza is a founding member of the Flood Control Zone 1/1A Advisory Committee—a group comprising county representatives and private landowners who live along the creek. It's a special district responsible for maintaining and operating the Arroyo Grande and Los Berros creek channels for flood protection in the areas near Oceano and Arroyo Grande.

The complaint states that that Cardoza and other committee members repeatedly submitted recommendations to the county to deepen the flood control channel.

"[The county] has never acted on the recommendation," the complaint read. "The county continues to allow sediment and trees to accumulate in the flood control channel. This action or non-action created a restriction of water/debris flow and a lack of capacity, which creates flooding."

A case management conference is scheduled for Feb. 5, 2024. Δ