ADA Defense Lawyers

We defend drive by ADA Lawsuits, and help stop ADA Lawsuit Abuse, while assisting with ADA Compliance.  Abusive ADA Lawsuit, sometimes referred to as Drive-by Lawsuits have be recently discussed in 60 minutes by Anderson Cooper in the December 3, 2016 episode.  Here's a link: 60 Minutes - Abusive Drive-By Lawsuits

Our Law Firm has developed ADA defense strategies designed to come to a quick and cost-effective resolution for our clients. If you have been served with an Americans with Disabilities Act (ADA) lawsuit, filed in a California State Court or in United States Federal Court, or if you have received an ADA violation letter threating an ADA lawsuit, you may be a victim of ADA extortion claim, or ADA fraud. If you want to resolve the ADA claim at the least expense, you should immediately contact one of the few law firms and lawyers experienced in the defense of ADA cases.

Under the new California ADA laws, and the United States Federal District Courts which follow California Law regarding ADA penalties, you may be able to reduce any damages or penalties by as much as 50% if you qualify as a small business and if certain modifications to your property are completed within 30 days of being served with an ADA lawsuit. Modifications, in most cases, can be inexpensive, and may include but are not limited to, adding signs, re-striping areas in the parking lot, or adding handicapped parking. If you have been, or you think you might be served with a California ADA lawsuit, you should contact an ADA attorney as soon as possible. If you are attempting to do any modifications, you should consult with a top-quality paving or striping company for guidance.

ADA lawsuits in California have increased rapidly. Since 2005, across the United States, more than 18,000 lawsuits claiming violations of the Americans with Disabilities Act were filed, with California in the lead. Owners of properties and businesses feel they are being extorted by people bringing these ADA claims. One reason is that California is one of the few states that impose an automatic penalty on owners and businesses and make owners and businesses pay Plaintiff's attorney's fees should the Plaintiff prevail on any of his or her claims.

The California ADA laws and the Federal United States American with Disabilities Act are one-sided. If the owner prevails, a Plaintiff does not usually have to pay the owner's attorney's fees, but if the Plaintiff prevails, the owner will likely have to pay the Plaintiff's attorney's fees. This is a main reason that property owners feel they are a victim of ADA extortion. It is imperative that California real estate owners, commercial property tenants, and management companies of commercial real estate retain experienced ADA defense law firms immediately after being served.

Recent changes in California law were passed with the intention of insulating certain commercial real estate and business owners from undue liability, but the situation appears to be may be no better than before, and if fact, it appears that the number of ADA lawsuits being filed have increased.

California SB 1186 was enacted, in part, through changes in the California Civil Code. The idea was to provide protection to owners and operators of public accommodations. The changes were to include: A provision allowing defendants to request a stay of court proceedings pending settlement discussions (early evaluation); reduction of the minimum statutory damages (in certain circumstances); allowing a court to consider the reasonableness of a plaintiff's "stacked claims" - numerous claims for the same property; a ban on pre-litigation demand letters; requirement for written advisories to defendants.

Despite the intentions of the law, it appears to our firm that the changes have resulted in an increase, not a decrease, in ADA lawsuits. Delayed demand letters, for example, may have forced law firms to file lawsuits instead of working with owners to fix the problem. The new law did not include a correction period where an owner could fix the ADA violation without facing an automatic penalty.

Law Firms and/or Attorneys filing ADA lawsuits in Southern California include:

The Center for Disability Access, Disabled Advocacy Group, APLC, Ray Ballister Jr., aka Raymond Ballister, Jr., Mark Potter, Phil Grace, Ross Cornell, Michael Taibi, Christopher Monge, Lynn Hubbard III, Scott Lynn J. Hubbard IV, Morse Mehrban, Thomas W. Gillen, Pamela Tsao, aka Pam Tsao, Ascension Law Group, Scott Cohen, Bahram Madaen, Ted Shin, Dayton Magallanes, Azidian Law Group, Anthony Blaser, Metz and Harrison, the Moore Law Firm, Tanya Moore, aka Tanya E. Moore, and others.

Plaintiffs filing ADA lawsuits include:

Alejo Mendez, Katrina Menell, David Mugridge, Steven Ngo, Dimas O'Campo, Robert Oliver, Arthur Owens, Young Hee Park, Jose Perez, Farah Torkian Rafie, Diego Ramirez, Emmanauel Ramirez, Josephina Reyes, Guillermo Robles, Marco Saavedra, Gilbert Salinas, Walter Sanchez, Gary Scherer, Ronald Schoors, Scott Schutza, Mark Shedlin, Richard Sherfield, Larry Singer, Frank Singh, David Singletary, Matt Strong, Angelyn Tarantino, Johnny Tchang, Garrett Trapp, Jose Trujillo, Ronnie Vasquez, Jeremiah Wagenfeld, Steve Walker, Brian Whitaker, Dorothy White, Mark Wiedenfeld, Lauren Wilcox, Patricia Sue Williams, Bernard Williams, Marcia Gayla, Duane Goettsch, Andres Gomez, Ruben Paul Gonzales, Manuel Gonzalez, Sean Gorecki, Arthur Gray, William Hopson, Cynthia Hopson, Terry Hubbard, Jeanette Jaime, Scott Johnson, Debbie Johnson, Robert Kalani, Roberta LaFleur, Rachel Lobato, Daniel Lopez, Michael Lopez, Judy Magana, Carlos Marsh, Chris McAleer, Robert McCarthy, Gilbert McCory, Michael McCune, Felipe Antonio, Jesus Ayala, Hendrik Blok, Juan Briseno, Theresa Brooke, Bryon Chapman, John Cheung, Gwendolyne Clouser, Diane Cross, Roy Davis-Gash, Rueben Deanda, Michelle Derakhshanian, Francisco Duarte, Jose Escobedo, Oscar Flores, Jeffrey Gamble, Alfonso Garcia, Orlando Garcia, Michelle Johnson, Tim Conn, Martin Vogel, Roberta Rogers, Rafeal Arroyo Jr., Priscilla Flores, Luis Villegas, Matthew Verdiglione, Willie Fontano, James Rodriguez, James Zarian, Raul Uriarte, Shirley Lindsay, Jose Reyes, John Ho, Hoang Minh Le, Samuel Zarian, Samuel Love, Michael Rocca, Chris Langer, Anthony Navarro, Gabriela Cabrera, Alejandro Diaz, Narbeh Martussian, Pedro Perez Pelano, Cecil Shaw, Darnel Hines, William Turner, John Weekley, Jose Estrada, Jerry Jackson, Robert Elguezabel, Darryl Eversole, Jose Acosta, and others.

If your real estate or business has become the subject of an ADA lawsuit, or an ADA SB 1608 or Unruh Act or Unruh Civil Rights Act Lawsuit, contact an experienced ADA real estate attorney as soon as possible in order to understand your rights and your legal options. When it comes to litigation, there is no substitute for an experienced ADA real estate lawyer who understands the needs and concerns of owners and commercial property managers in the defense of ADA lawsuits.

News Report on ADA Fraud and Extortion, including a report regarding a suspect named Rodolfo DeHoyos ( De Hoyos ) in Riverside County who was arrested by Police: ADA Fraud and Extortion Reported

These California ADA Lawsuits are often filed as a Federal ADA Lawsuit in the United States District Court (U.S. District Court) for the Central District, Southern, Northern, and Eastern District, these U.S. District Courts are Located in Orange, San Diego, Los Angeles, San Jose, San Francisco, Sacramento and other California Cities.

The first step in reducing unnecessary expenses is acknowledging them as they arise, and taking the appropriate measures to address them. Our Law Firm understands ADA Compliance, Unruh Act Violation Litigation, and changes in California Law involving commercial real estate access issues. We understand how to minimize attorney's fees and costs in defending against ADA lawsuits in California, as well as, defending against frivolous lawsuits, in general.

In addition to issues with these lawsuits, Landlord and Tenants need to address ADA issues in negotiating their Commercail Leases, particularly in light of such new law's as California's AB 2093 and California Civil Code 1938 discussed in the side bar page tab: AB 2093 and Civil Code 1938