VISTA, Calif. – A sentencing hearing was held Friday in a wrongful death and negligence case involving three women killed on a beach in Encinitas when a bluff collapsed in 2019.
The case focused on the City of Encinitas who filed a motion to dismiss the charges against them in error. However, the lawyer representing the families of the three women said in court that they did everything as they were instructed.
“We feel strongly when we read this case because the family does not want this tragedy to happen to anyone else,” said Bibi Fell, attorney for the Davis Family.
A family lost three of their loved ones one tragic afternoon on Aug. 2. 2019.
The three women, 65-year-old Julie Davis, her daughter Anne Clave, 35, and 62-year-old sister Elizabeth Charles, along with family went to Grandview Surf Beach in Encinitas to celebrate Charles’ cancer recovery. .
Another part of the rock fell and crushed the three women to death. Every woman leaves behind a husband and children.
Fell said the family is suing the city of Encinitas, the state of California and the local homeowners association.
Fell says that Encinitas had known for several years about the danger of the rocks but did not take steps to prevent the erosion or warn visitors.
Years later to the day, Fell said the city still hasn’t made those improvements.
On Friday, the attorney for the City of Encinitas asked a judge to dismiss all charges against them. The city claims that the Davis Family’s original attorney did not file their claim with the correct person, so the case cannot proceed.
However, in court Fell argued that the first attorney did exactly what the city instructed them to do.
The judge had a ruling in place as of Thursday night to deny the city’s motion and allow the charges to proceed.
“I have a lot of faith in this case, I believe we are on the right side. And there have certainly been devastating consequences for this poor family who have lost three beloved women,” Fell said.
When FOX 5 asked how the family was doing, Fell said “the family is moving forward as best they can to try to be there to support each other, but the gap that these three women have left will never end.” it will not be closed.”
The judge decided that he would look at the evidence again and make sure that what he was saying was correct, and then give another decision within a week.
Encinitas City Attorneys declined to comment after Friday’s hearing.
