ADA Lawsuit Defense

Facing an ADA Lawsuit?

A large part of my law practice is defending business owners and land owners sued by predatory ADA plaintiffs throughout California. From vigorous defense tactics in the federal courts to efficient settlements, I have the tools to guide you through this difficult process.

Keep reading for general information about ADA lawsuit best practices.

HR 620 Status

HR 620 is a bill pending in the United States Congress that may provide some meaningful relief for those facing ADA lawsuits. HR 620 passed from the House of Representatives and is currently pending before the Senate.

The Best Defense is Good Offense

The best defense against an ADA lawsuit is to ensure that your business meets current statutory requirements. I can help refer you to an architect or other compliance professional to evaluate your current accessibility situation.

A modest amount of money spent on preventative measures could save you thousands down the road.

ADA lawsuit abuse is a real problem

Many California businesses are threatened with lawsuits because of alleged violations of the Americans with Disabilities Act (ADA). Unfortunately, these threats rarely contain any supporting evidence of an actual denial of access or injury.

Typically, an ADA demand letter will reference a vague “injury” or “injuries” and will state a demand for thousands of dollars to “settle” the case.

While most businesses want to make their facilities open and convenient for all Californians, these threats of legal action do little to advance the cause of disabled Americans. A cottage industry of professional plaintiffs has emerged that bring these claims repeatedly. Political leaders both in Sacramento and in Washington DC have called for reforms of the ADA laws to reign in these actions, but not much is actually being done to rein in the abuse.

Even with new laws, business owners need a lawyer on their side when faced with an ADA lawsuit or legal demand. Not every business owner has the time or expertise needed to resolve these complaints satisfactorily.

My law firm will properly address threatening ADA demand letters and represent you in court if a lawsuit is filed against your business.

250

Average number of new ADA lawsuits filed each and every month in California.

Don’t ignore ADA lawsuit threats or customer complaints

Don’t wait until a lawsuit is filed to contact an attorney. My law office can advocate for you at the early stages of a complaint to ensure a fair and reasonable outcome.

In situations where no actual denial of access has occurred, I am prepared to defend your business all the way through a jury trial. I will fight for you and your business reputation in these situations.

If you receive an ADA demand in the mail or if you are served with a lawsuit, contact my law firm immediately. Time is of the essence and you do not want to be unprepared.

Litigation Tip

Don’t settle an ADA lawsuit or demand without first talking to an attorney. Call me at (916) 333-2222 if you have been served with a lawsuit or demand.

I consult with business and property owners on ADA lawsuits nearly every single day

If you are looking for expert representation with respect to ADA lawsuits, do not hesitate to contact our office.

Frequent ADA Filers

Most ADA lawsuits in California are filed by a small number of professional ADA law firms. Here is a list of the most prolific ADA filers in California.

  • Center for Disability Access

    The Center for Disability Access is probably the top filer in California. They operate statewide, from San Diego to Sacramento.

    Common named plaintiffs include: Scott Johnson, Chris Langer, Samuel Love, Shirley Lindsay, James Zarian, Daniel Lopez, Rafael Arroyo, Robert Elguezabal, Raul Uriarte-Limon, Scott Schutza, and Samuel Zarian.

  • Mission Law Firm / Tanya Moore

    Tanya Moore’s law firm used to be called “The Moore Law Firm.” Now they go by the name “The Mission Law Firm.” Tanya Moore is based out of San Jose.

    Common named plaintiffs include: Albert Dytch, Arthur Owens, Cecil Shaw, Cleveland Vickers, Francisca Moralez, Hendrik Block, Jose Acosta, Jose Escobedo, Jose Trujillo, Rachel Bryant, Rachel Lobato, Robert Kalani, Ronald Moore, and Ronny-Marie Wilson.

  • Peter Kristofer Strojnik

    Peter Strojnik does business as the “Strojnik Firm LLC” and operates out of Phoenix, Arizona. Peter is licensed to practice law in California. His main client that files ADA lawsuits in California appears to be Theresa Brooke. We find that they tend to focus on suing hotels and motels throughout California.

  • Daniel Malakauskas

    Daniel Malakauskas is a young attorney that appears to specialize in plaintiff-side ADA litigation. Daniel recently moved to Las Vegas, Nevada from Stockton, California. Common plaintiffs include: Cynthia Hopson and Meryl Pomponio.

  • David Wakefield

  • Disabled Advocacy Group APLC

  • Ascension Law Group

  • So Cal Equal Access Group

Served with an ADA Lawsuit?

In most Federal ADA lawsuits, you have just 21 days to formally respond to lawsuit after being served. Don’t delay. Failing to respond can result in a default judgment against you. We can help.

ADA Lawsuit Resources

ADA Signage

ADA Myth: My Business is Not Open to the Public

One of the largest challenges that I face as an ADA Defense Attorney is that there are numerous myths and misconceptions about ADA compliance. The purpose of this blog post is to discuss one common myth. Only Businesses that are Open to the…
To the courts!

Scott Johnson Continues Suing in Santa Clara County

Most people know that Scott Johnson is from the Sacramento area. Specifically, Scott Johnson lives in Carmichael, California, a sleepy suburb of Sacramento. But geography does not stop Scott Johnson from filing his ADA lawsuits all over California. Scott…

What are Truncated Domes?

ADA compliance guidelines are in constant flux. One example of the ever-adapting rules is truncated domes, also known as tactile paving or detectable warning surfaces. Truncated domes refer to the (often yellow) set of raised bumps on a pathway…
California State Capital

AB 150 Update -- ADA Reform Going Nowhere

I have been watching Assembly Bill 150 since Assembly Member Assembly Member Devon Mathis introduced the bill. AB 150 would provide some badly needed reform to California's ADA laws. Unfortunately, AB 150 did not make it very far. A…
California State Capital

AB 150: Another ADA Reform Bill in California

Real ADA lawsuit abuse reform has eluded California business owners for years. Will 2017 be any different? Updated May 7, 2017: AB 150 didn't even make it out of its first policy committee. Click here for an update. Assembly Bill 150 to…
Disabled Parking Space

ADA Lawsuits Continue All Over Northern California

The Modesto Bee wrote an article over the weekend that chronicles the continuing problems business owners are having over ADA lawsuits. The author Garth Stapley called my office for comment last week. I was more than happy to help Mr. Stapley…
Disabled Parking Space

Who is Zachary Best and Why is He Suing Me?

I follow ADA lawsuit abuse very carefully because ADA defense is a large part of my legal practice. Recently, one prolific plaintiff's ADA law firm changed their name. And it looks like the main attorney filing their lawsuits has changed…
Handicapped Parking Only

The Moore Law Firm is now the Mission Law Firm

Back in December I wrote that Tanya Moore was in the news because 60 Minutes profiled ADA lawsuit abuse all over the country. In fact, Ms. Moore's law firm was highlighted as one of the more prolific ADA filers in California. What happened…
Handicapped or disabled parking sign on blue asphalt

ADA Lawyer Tanya Moore in the News - Again!

My phone has been ringing off the hook after 60 Minutes profiled ADA lawsuit abuse on Sunday. The program chronicled the trouble that drive-by ADA lawsuits are causing nationwide, with a special focus on Florida and California. You can view…
ADA Lawsuits

Guess How Many ADA Lawsuits Tanya Moore has Filed in 2016

A large part of my law practice is defending business owners and property owners in ADA litigation. My office tracks trends in the local courts to ensure that we have a real sense of what is happening in this specialized field. To state it…
Paperwork

ADA Lawsuit Insurance Coverage California

A large part of my law practice is defending business owners and property owners in ADA access lawsuits. One of the first questions I am asked is whether the defendant should contact their liability insurance provider regarding coverage for…
ADA

Scott Johnson Has Filed 136 Lawsuits So Far This Year

We are just over halfway through 2016. ADA lawsuits continue to be a massive problem for small business owners in California. I decided to take a look at how many ADA lawsuits Scott Johnson has filed so far this year. The number may surprise…
California State Capital

SB 269 2016 - ADA Reform for California?

2016 is another year where California businesses continue to suffer from ADA-related litigation in the state and federal courts. As I have discussed before, the real problem with the ADA are some California-specific laws. Each year there…
United States Courthouse

ADA Lawyer Tanya Moore Back in the News

Prolific ADA lawsuit filer Tanya Moore is back in the news for continuing to extort small businesses up and down California for alleged violations of the Americans With Disabilities Act. About a week ago ABC 30 highlighted the often unfair…
ADA Lawsuits

Scott Johnson Filed 7 ADA Lawsuits in November 2015

How many people did you sue in November of this year? The answer is more than likely "zero." However, prolific ADA plaintiff / attorney Scott Johnson has filed seven lawsuits just in this month alone. These seven lawsuits were all filed in…
California State Capital

SB 251 ADA Reform Bill 2015 Vetoed

There were a handful of ADA-related bills introduced in the California Legislature this year. Just two actually went the distance and ended up on the Governor's desk. This blog is about Senate Bill 251, a bill that the Governor vetoed. SB…
ADA

Scott Johnson Has Filed Over 60 Lawsuits in Sacramento This Year

Scott Johnson, notorious abuser of the Americans with Disabilities Act, has filed over 60 lawsuits in Sacramento federal court so far this year. While Scott Johnson is not the only person filing ADA lawsuits in California, he is certainly…