The complaint updated on May 7 in San Luis Obispo County Superior Court claims Susan Flores and Mike McConville assisted Ruben Flores, 80, in moving Smart's remains following a search of his Arroyo Grande residence in February 2020.
Paul Flores, 44, was last seen with Smart before she went missing on May 25, 1996. Smart was declared legally dead in 2002 and her body has yet to be recovered. Paul and Ruben Flores have been charged with murder and accessory to murder, respectively, to which they have pleaded not guilty.
Susan Flores, ex-wife of Ruben Flores, and current boyfriend McConville have not been charged. They could not be reached for comment.
In their lawsuit, Smart's parents Stan and Denise Smart allege severe emotional distress spanning nearly 25 years and are seeking compensation for damages in an amount to be determined at trial. They also are seeking additional damages "to make an example of and to punish" the defendants.
The initial lawsuit was filed on April 22 against Ruben Flores and later amended to include Susan Flores and McConville.
On Feb. 5, 2020, sheriff’s officials executed a search warrant at Ruben Flores’ home in the 700 block of White Court, Arroyo Grande. The lawsuit alleges that four days later, Susan Flores and McConville worked through the night to remove Smart's body from under the lattice enclosure below the deck of his home.
More than a year later, sheriff's officials executed two more search warrants, on March 15 and April 13, when Paul and Ruben Flores were arrested. No new information has been released as a result of the search warrants.
In the criminal case, both Paul and Ruben Flores are scheduled to reappear for preliminary hearing motions at 1:30 p.m. May 17 and again at 1:30 p.m. June 21 in Superior Court.