The family of Diem Le Nguyen has filed a wrongful-death lawsuit accusing the Build a School Foundation of treating a crowded charity hike on Black Mountain like a casual park outing, with deadly consequences. The complaint, filed on Sunday, claims organizers brushed off heat risks, sidestepped proper permits and skipped key safety steps that the family argues could have prevented Nguyen's death during the 2024 fundraiser.
What the lawsuit alleges
According to the Times of San Diego, the suit says the foundation applied for a picnic permit intended for fewer than 50 people, even though roughly 150 to 200 hikers joined the event. The complaint also says organizers held the hike during a heat wave, had no event-specific commercial liability insurance in place and did not use an adequate system to confirm that everyone made it back from the Nighthawk Trail. Those alleged permit and safety lapses are at the heart of the family’s negligence claims.
How the 2024 hike unfolded
Local coverage recounts that on June 23, 2024, Nguyen joined a large fundraising group that left Hilltop Community Park and headed up the Nighthawk Trail toward the Black Mountain summit. NBC 7 San Diego and other outlets reported that Nguyen became separated from the group and, around 10 AM, called her sister to say she was hot and dehydrated. Search teams later scoured the area using helicopters, service dogs and drones. A helicopter crew located a body the next morning near trails above Rancho Peñasquitos.
Family attorney: permit choice reduced oversight
Attorney Tri Luu, who represents Nguyen’s family, told the Times of San Diego that the charity had held the fundraiser before and that the permit choice mattered. “If the city thinks it’s just a picnic, they’re not going to impose any requirements versus a hike of more than 100 people,” Luu said. The complaint points to an August 14, 2024 letter stating the foundation did not have an insurance policy in force on the day of the hike. The family argues that the permit decision and lack of coverage combined with an early-season heat wave to heighten the danger for participants.
Permits and park requirements
The City of San Diego’s Special Event Planning Guide explains that park gatherings and organized events trigger different approvals depending on size and impact. It notes that organized activities in city parks may require either a Park Use permit or a Citywide Special Event permit. A formal Special Event permit typically applies to assemblies of 75 or more people and brings additional public-safety requirements into play, such as medical coverage, coordination with park staff and police and communication about site-specific hazards, all outlined in the city’s planning materials. The lawsuit contends that those added protections were neither required nor enforced on the day Nguyen went missing.
Legal context
In California, wrongful-death claims are governed by Code of Civil Procedure section 377.60, which lays out who may sue, and section 377.61, which addresses the types of damages that may be recovered. Most personal-injury and wrongful-death actions must also comply with the two-year statute of limitations in CCP section 335.1 unless an exception applies. The filing of the complaint starts the civil process: defendants are served and given a chance to respond, both sides conduct discovery and the case either settles or heads toward trial depending on what emerges.
What to watch next
The Build a School Foundation has not yet issued a detailed legal response to the lawsuit. Earlier coverage has noted that the group’s founder expressed devastation after Nguyen’s body was found and said organizers had held similar fundraisers in the past. As the case moves into the courts, local filings and any formal statements from the foundation’s attorneys will shape what happens next, including whether the parties head to the negotiating table or fight it out in San Diego Superior Court.
