Articles Posted in Litigation

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California Senate Bill 585 (SB 585) seeks to achieve a balance between ensuring accessibility for individuals with disabilities and protecting small businesses from exploitative litigation. The draft bill proposes a “right to cure” period, allowing businesses with 50 or fewer employees 120 days to rectify alleged construction-related accessibility violations before facing statutory damages, attorney’s fees, or costs.

Background

Under existing California law, businesses found in violation of construction-related accessibility standards can be subject to minimum statutory damages starting at $4,000 per violation, along with attorney’s fees. This framework has led to a surge in lawsuits, particularly in California where statutory damages under the Unruh Civil Rights Act incentivize high levels of litigation. See Unruh Civil Rights Act Basics. Many of these lawsuits have targeted small businesses for minor infractions, resulting in significant financial burdens.

Provisions of SB 585

SB 585 introduces several key measures that would apply to business with 50 of fewer employees anytime in the past 3 years:

  • Notice Requirement: Plaintiffs must serve a letter to the business detailing each alleged violation of accessibility standards before filing a lawsuit; and
  • 120-Day Cure Period: Upon receiving the letter, businesses have 120 days to correct the specified violations before the plaintiff can file a lawsuit.
  • Limitation on Liability: If the business remedies the violations within the cure period, it is not liable for statutory damages, plaintiff’s attorney’s fees, or costs related to those violations.
  • Prevention of Circumvention: Plaintiffs cannot bypass these provisions by seeking general discrimination damages under the Americans with Disabilities Act (ADA) if the claim is based on physical accessibility standards under California law.

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On our ADA Compliance & Defense Blog, we have written extensively about Americans with Disabilities Act (ADA) and California Unruh Civil Rights Act lawsuits. Many such lawsuits are filed by a small handful of serial plaintiffs and their law firms who actively seek out physical locations and websites of businesses that are allegedly not fully accessible. Once found, the plaintiff will sue the business and/or the landlord for disability discrimination. For example, a plaintiff might sue 3 businesses in a week because the accessible parking slope was above 2.1% or the website was not accessible for blind users’ screen reading software. In such cases, the plaintiff typically seeks injunctive relief (a court order requiring compliance), statutory damages of $4,000 per occurrence, and attorneys’ fees.

There are various defenses to such cases that my team and I explore when defending a client who has been sued. See my recent articles on that topic:

Common Defenses to Unruh Civil Rights Act and ADA Lawsuits (Part 1)
by Stuart Tubis

California Unruh Civil Rights Act Law Basics
by Stuart Tubis

If you or your business has been named as a defendant in such a lawsuit, don’t panic. Take a deep breath and then reach out to me (skt@jmbm.com; 415-984-9622) or other experienced defense counsel soon since there are important deadlines triggered once a case has been filed and served. Complaint letters are sometimes sent before litigation is filed, so it’s best to respond to such letters rather than waiting for a lawsuit to be filed. Don’t ignore pre-litigation ADA demand letters!

For informational purposes, based on information available online, here is a list of law firms and plaintiffs who have or currently do file disability discrimination lawsuits:

Manning Law APC

Attorneys:

  • Joseph Manning, Esq., Michael Manning, Esq., Craig Cote, Esq., Phyl Grace, Esq.

Plaintiffs:

  • James Rutherford, Anthony Bouyer, James Shayler, Carmen John Perri, George Avalos, Suzanne Na Pier, Poupak Barekat, Kayla Reed, Perla Mageno, Jennifer Carbine, Rebecca Castillo, Cesar Cotto, Gabriela Cabrera, Jesus Torres

So. Cal. Equal Access Group

Attorneys:

  • Jason Kim, Esq., Jason Yoon, Esq.

Plaintiffs:

  • Leemanuel Weilch, Mister Bailey, Robert Cauley, Deondre Raglin, Colton Bryant, Kimberly Frazier, Ana Ventura, Edmond Neal, Sam Benford, Melanie Delapaz, Korttney Elliot, Hee Soon Park, Latanya Williams, Luz Zendejas, Michael Rhambo, Kee Sook Ahn, Roy Yuin, In Sun Kil, Ignacio Vera, Yeoung Lee, Larry Dunn, Joshua Cuevas, Gabriel Dorsey, Jeremy Holland, Lamar Myers, Maria Garcia, Miguel Hernandez, Oscar Magallanes, Moises Villalobos, Jesus Garcia, Dennis Cooper, Juan Valencia, Nelson Chilin, Miriam Maldonado, Marquise Bailey, Alvaro Orosco, Guri Gonzalez, Yuri Doering, Mario Mendoza

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Peter Strojnik (AKA P. Kristofer Strojnik) is an attorney based out of Phoenix, Arizona who files many accessibility lawsuits on behalf of his client, Theresa Brooke. According to publicly filed litigation documents, the office is located on East Camelback Road in Phoenix. Peter Strojnik has years of experience filing these types of cases against businesses and landlords regarding alleged violations of the California Unruh Civil Rights Act and Americans with Disabilities Act (ADA).

Each lawsuit generally includes a summons as a cover page informing you that you have been sued and must respond. It also contains the “VERIFIED COMPLAINT” with “Jury Trial Demanded,” which generally looks something like this:

Verified-Complaint

The complaints usually state in the first paragraph that “Plaintiff Theresa Brooke is a married woman. Plaintiff is legally disabled, and is therefore a member of a protected class under the ADA.”

It might further state under the “Allegations” section that “Plaintiff alleges that Defendant’s hotel does not have a compliant access aisle at the passenger loading zone adjacent to the hotel lobby in violation of Sections 209 and 503 of the 2010 Standards.”

There are specific accessibility requirements applicable to most businesses and places open to the public as outlined in the ADA and California law. These are provided in detail within the 2010 ADA Standards published by the Department of Justice (DOJ). A passenger loading zone is not always required under the ADA. Where passenger loading zones are provided, at least one accessible passenger loading zone is required in every continuous 100 linear feet of loading zone or fraction thereof. Compliance is required only where areas are specifically designed or designated for passenger loading, such as those at airports, many hotels, and convention centers. But it’s important to note that not all areas designated for a brief stop constitute passenger loading zones. There are specific measurements and details applicable when accessible passenger loading zones are required. Continue ›

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The Reddy Law Firm LLC is a relatively new law firm that started filing accessibility lawsuits on behalf of various plaintiffs alleging violations of the California Unruh Civil Rights Act and California Disabled Persons Act. Though a relatively new ADA plaintiff’s lawyers, the firm is an offshoot of Potter Handy, from San Diego.  The lawsuits generally reference the Americans with Disabilities Act (ADA) as well.

Generally, each of these lawsuits are filed on behalf of one of several serial plaintiffs, who file many similar cases each year. Some serial ADA plaintiffs in California have been known to file hundreds, sometimes thousands of lawsuits each against various businesses.

The Reddy Law Firm has filed Unruh litigation on behalf of these plaintiffs:

  • Meryl Pomponio
  • Orlando Garcia
  • Brian Whitaker

These lawsuits show no signs of stopping. Each lawsuit includes a summons as a cover page informing you that you have been sued and must respond. It also contains the complaint itself, which generally looks something like this: Continue ›

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Marty Orlick, Chair of JMBM’s ADA Compliance & Defense Group, was recently interviewed by ABC7 for a news report regarding the impact of serial ADA litigants on small businesses. The segment focused on a group of businesses in Santa Paula, California, who have been hit with lawsuits alleging violations of the Americans with Disabilities Act. The significant financial penalties imposed by these lawsuits threaten to close already struggling stores and restaurants.

During the segment, Marty discussed the California Unruh Civil Rights Act which requires businesses and public accommodations to provide equal access to their services and facilities. He explained that the Unruh Act “allows a plaintiff to recover $4,000 per occurrence every time they went to a particular business, or every time they thought of going but they realize there were barriers and they couldn’t get served.” The Unruh Act is often abused by serial plaintiffs who file hundreds of lawsuits every year, each claiming thousands of dollars in statutory damages.

These serial lawsuits can be incredibly damaging for businesses and are the antithesis of genuine legal action by advocates trying to make their communities more accessible.

You can watch the full ABC7 news report here.

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Pacific Trial Attorneys, as legal counsel, have filed hundreds of lawsuits for alleged violations of the California Unruh Civil Rights Act, California Civil Code § 51 et seq. and/or the Americans with Disabilities Act (ADA).

Based in Newport Beach, CA, Pacific Trial Attorneys is a law firm representing plaintiffs in a large number of accessibility lawsuits against businesses, often focused on website issues.

Generally, these lawsuits are filed by serial plaintiffs through their attorneys. Serial plaintiffs file numerous (sometimes hundreds) of lawsuits, often similar in nature. Pacific Trial Attorneys has historically filed such litigation on behalf of one of these plaintiffs:

  • Cheryl Thurston
  • Brittany Mejico
  • Dominick Martin
  • Rusty Rendon
  • Luis Licea
  • Isabel Rendon
  • Drew Hunthausen
  • Walter Mitchell
  • Anita Ogletree

These lawsuit show no signs of stopping. Each lawsuit includes a summons as a cover page informing you that you have been sued and requiring a response. Next is the complaint itself, which generally looks something like this:

PTA-Complaint

The complaints have often stated in the first paragraph, “As recently recognized by the Supreme Court of the United States, ‘The Internet’s prevalence and power have changed the dynamics of the national economy.'”

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So. Cal. Equal Access Group is a law firm based in Los Angeles, CA that files a large number of physical accessibility lawsuits against businesses and landlords. The attorneys who are part of the law firm include Jason J. Kim, Jason Yoon, and Kevin Hong. Their lawsuits generally allege violations of the Americans with Disabilities Act (ADA), California’s Unruh Civil Rights Act and California’s Disabled persons Act.

Generally, the lawsuits are filed on behalf of serial plaintiffs, who file dozens or hundreds of nearly identical lawsuits. So. Cal. Equal Access Group often files each lawsuit on behalf of one of the plaintiffs listed below:

  • Lamar Myers
  • Maria Garcia
  • Ignacio Vera
  • Miguel Hernandez
  • Oscar Magallanes
  • Colton Bryant
  • Moises Villalobos
  • Michael Rhambo
  • Ana Ventura
  • Jesus Garcia
  • Dennis Cooper
  • Juan Valencia
  • Nelson Chilin
  • Miriam Maldonado
  • Yeong Lee
  • Marquise Bailey
  • Alvaro Orosco
  • Luz Zendejas
  • Jeremy Holland
  • Guri Gonzalez
  • Yuri Doering
  • Joshua Cuevas
  • Sam Benford
  • Deondre Raglin

Each lawsuit will generally allege that one of the above plaintiffs is physically disabled, that he or she visited the property on a certain date (often several months before filing the lawsuit), and that he or she encountered accessibility barriers that prevented full and equal access at the property. Common barriers alleged include the following: Continue ›

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The prevailing wisdom in Americans with Disabilities Act litigation is that defendants who successfully prevail in ADA and Unruh Civil Rights Act lawsuits cannot recover their attorneys’ fees or defense costs. This prevailing wisdom compels most businesses to settle, rather than pursue a meritless case to summary judgment or trial. The tide may just be changing as more courts are awarding successful defendants their attorney’s fees and defense costs.

ADA-Blog-Quote

As we recently posted, a JMBM client was awarded over $100,000 in attorneys’ fees and costs in two separate cases. The first award of fees and costs was against high frequency litigant Orlando Garcia, and the second award was against the law firm representing him, the Center for Disability Access. Garcia and the Center for Disability Access appealed the awards; however, our clients will nevertheless seek to enforce the judgments pending the appeals. Continue ›

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Recently, at least three attorneys who formerly worked for Center for Disability Access (AKA Potter Handy, LLP) branched off and founded a new firm called Seabock Price, APC. The founding attorneys are Amanda Seabock, Christopher Seabock and Dennis Price. The new law firm is based in Pasadena, California.

Seabock Price has been filing disability discrimination lawsuits against businesses and landlords in California. Generally, these lawsuits are filed on behalf of serial plaintiffs who have filed many nearly identical cases for alleged violations of the Americans with Disabilities Act (ADA), the California Unruh Civil Rights Act, and/or the California Disabled Persons Act.

The lawsuits are generally filed on behalf of one of the following plaintiffs:

  • Rafael Arroyo
  • Dolores Lara-Fierro
  • Christopher Langer
  • Raul Uriarte Limon
  • Dwain Lammey
  • Martin Vogel
  • Anthony R. Gandara
  • Breanna Ballard
  • Jose Madriz
  • Tonia Sartin

From what we have seen, these cases are usually filed in Superior Court for the State of California, County of Los Angeles. The lawsuits can be filed in other counties as well. These lawsuits generally allege that the plaintiff is disabled and visited the property or business but encountered barriers to access, such as issues with the accessible parking slope, signage, path of travel to the entrance, checkout counters, bathrooms or other features. The complaints  generally look something like this: Continue ›

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The Center for Disability Access (AKA Potter Handy, LLP) has filed thousands of lawsuits on behalf of serial plaintiffs for alleged violations of the Americans with Disabilities Act (ADA), the California Unruh Civil Rights Act, and/or the California Disabled Persons Act.

The lawsuit is generally filed on behalf of one of the plaintiffs listed below:

  • Scott Johnson
  • Brian Whitaker
  • Antonio Fernandez
  • Orlando Garcia
  • James Zarian
  • Nehemiah Kong
  • Luis Marquez

Most commonly these days, the lawsuit is filed in Superior Court for the State of California – often the County of Los Angeles. Sometimes the lawsuits are filed in other counties in the state. The lawsuit will allege that the plaintiff is disabled and visited the property but encountered barriers to access. The complaint will generally look something like this: Continue ›