A judge has granted the city of Santa Monica's motion to file a cross-complaint against a homeowners association that is a spinoff of a lawsuit brought against the city by a condominium owner and his tenant, who both allege the municipality's negligence caused a sewage backup in the home.

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. On Tuesday, Judge Mark A. Young gave the nod to the city's request to bring a cross-complaint against the 1749 12th Street Homeowners Association, which oversees the plaintiffs' property. Both men allege the city's negligence caused a sewage backup in the home, resulting in flooding and property damage.

The city maintains the flooding was of a "minor, trivial or insignificant nature in view of the surrounding circumstances." Now, the city's countersuit will allow them to seek compensation for a fair share of any damages assessed against them. The city also is seeking a judge's declaration of the rights and duties of the defendants.

"The city believes that the HOA contributed to the sewage backup described in plaintiffs' complaint by failing to install or require installation of backwater valves at the property," the judge wrote. "There is no known prejudice that will result from allowing the city to bring the HOA into the case."

According to the underlying suit, in October 2022 the city's employees were "negligently performing work on sewage and drainage lines that were directly or indirectly connected to the subject premises."

A sewage backup caused dirty sewage water to back up into the home, causing flooding, damage and destruction to the home and to personal property, according to the suit.