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More than 14,000 ADA/access lawsuits have been filed in California in just the past few years by a small number of lawyers. Many firms have closed, dismissed employees or sought bankruptcy protection as a result.
The information in this website is intended to help those being sued in ADA/access lawsuits and also to demonstrate why California's "private enforcement" system of disabled access laws should be changed to increase access for the disabled, but in a fair, efficient and cost-effective manner. | Another small business closes after an ADA/access lawsuit! |
Click to view a short news clip |
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Are sanctions just a "cost of doing business" for some?
After being ordered to pay $198,634 just a few months earlier, one frequent filing attorney is hit with a $25,000 sanction in the same court: " . . . the seriousness of plaintiff and his attorneys' abusive litigation practices and their improper, bad-faith actions during these proceedings present more than sufficient grounds to declare this litigation vexatious, improper and oppressive."
What about the defendants who didn't have the resources to fight/document these litigation tactics? With millions of dollars at stake each year, did the $198k fee award make any difference? Read the latest sanction decision and decide for yourself! | 
$25,000 ordered 29 Feb 08 |
$198,643 ordered 6 Jul 06 |
Frequent filer sanctioned, ordered to ethics class? Has it done any good?
"Plaintiff's counsel further unreasonably and vexatiously prolonged this litigation. . . At best, P & W's arguments and pleadings demonstrate a reckless disregard for their duties as officers of the court . . . the complaint is baseless and a simple inquiry would have demonstrated this fact."
Problem: despite the Court's commendable efforts, highly troubling reports continue to pour in. Did the order make a difference? Has there been any change/improvement?
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Click to view |
Parapalegic jumps from wheelchair to run from police!
An activist who reportedly filed a number of disabled access lawsuits miraculously jumped from her motorized wheelchair to evade police and fraud investigators! |
Click to view article |
| Think disability fraud is not a problem? See the article at right => |
Click to view |
Frequent Filing Attorney Suspended by Judges for 6 months.
A Northern California attorney who is believed to have filed over 700 ADA/access lawsuits was suspended for six months from practicing in the United States District Court in Los Angeles, by the Standing Disciplinary Committee of that Court.
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Click Here To Read Order |
Another criminal investigation against an ADA frequent filer
The Yolo County District Attorney recently opened an investigation into the filings of Attorney Matthew Lakota. Click on this link to view the "must see" news report and video: http://www.kxtv.com/storyfull2.aspx?storyid=14536 or view a printed summary at right =>
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Click to view |
$200,000 for a bad weekend?
One disabled San Diego attorney demands $200,000 from 67 small, mostly family-run businesses in a small, historic mountain community. Apparently, he visited the community one weekend and noticed access issues at certain properties, now he wants each of them to pay him at least $4,000. Many have questioned whether these are the actions of a true access crusader or the tactics of a shakedown artist.
Click here to learn more, or watch the video at right=> |
Click to view |
Breaking news:
CRIMINAL INVESTIGATION
. . . in connection with the filing of over 600 ADA access lawsuits
[see KFMB News 8 Special Report, parts 4 and 5, to the right =>]
See also the earlier features in this investigation, below; especially Part 2, below, about one professional plaintiff who reportedly became disabled committing armed robbery;
See video deposition footage of another similar case (different plaintiff, same attorney), further down this page . . . |
Part 4 (3.4 mins) |
Part 5 (2.3 mins) |
NEW: Part 6 (1.7 mins) |
Actual Video Deposition Footage: "If I fall out of this wheelchair, it's your responsibility" See shocking video of what one well-known professional plaintiff actually said under oath when a settlement offer was in question! |
Watch 1-minute video clip |
Read actual transcript excerpt |
Became Disabled Committing an Attempted Robbery View actual footage of a video deposition, which has been obscured to protect the identity of the witness [click on the clip to the right =>]. At least four former felons are known to have filed more than 1,150 ADA/access lawsuits. Problem: this plaintiff knew nothing about many lawsuits filed, and settled, on his behalf, each of which claimed he had been injured! |
Watch 1-minute video clip |
Read actual transcript excerpt |
Disabled Access Lawsuits for the Dead? Each of the lawsuits in this section was filed on behalf of the estate of a plaintiff who had filed over 80 access lawsuits. In the first posted below, the plaintiff claimed to visit 15 different businesses in the same day-- including 6 different restaurants! [see paragraph 17]. In the second and third lawsuits, the plaintiff also went to another fast food restaurant and a toy store, that very same day! [see paragraph 8 of each] Interestingly, at paragraphs 68, 17 and 18, respectively, the complaints claim that the decesaed plaintiff would like to return to these facilities. Plaintiff claimed to suffer injuries in each of these lawsuits, at paragraphs 98, 46 and 47 respectively. |
100 injuries in one year? One attorney filed 100 lawsuits for the same plaintiff in just one year, and claimed he was injured in each one. While we take no position as to the validity of these claims, because false claims of injury are a crime (Cal. Penal Code 550) and injury claims can trigger insurance coverage, please Contact Us if you have ever seen any substantiation (such as medical records) for these injuries, or if the claims were dropped suddenly when you requested support for them. Because injury claims can force an insurer to defend, and sometimes settle, an entire lawsuit (even the portion unrelated to the purported injury), many think the practice of consistently claiming disabled clients are injured-- just by visiting buildings-- causes rates to go up for insureds, even though proof of injuries is almost never produced. Video clips of two related investigations are posted below. |
| 2 April 2003 Fox 6 News Investigation of one lawyer who has filed over 1,200 ADA/access lawsuits: |
Click to view. |
| 2000 KGTV 10 News Investigation of one plaintiff who filed 288 ADA/access lawsuits in just a few years: |
Click to view. |
Multi-Million Dollar Demands! Many "professional plaintiffs" would characterize themselves as crusaders for the disabled. It is interesting to note how few of these "crusaders" were filing access lawsuits before it became profitable to do so. Click the icon at the right to view 150 lawsuits which have been filed demanding many millions of dollars each; the smallest of which are just under $1,000,000, and most are many times that! While some plaintiffs claim to be making demands on behalf of others in the disabled community who won't advocate for themselves, it is interesting to note to whom the settlement proceeds are ultimately paid! |
Click to view |
In California, a disabled plaintiff can earn $12,000/day just eating 3 meals out. One disabled plaintiff (who can walk) has filed more than 1,000 lawsuits, in just the past few years.
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The purpose of the ADA "is to place those with disabilities on equal footing and not to give them an unfair advantage."
(D'Amico v. NY State Bd. of Law Examiners (1993) 813 F. Supp 217, 221) |
"Do as I say-- not as I do" See photos below of the offices of an attorney who has filed 600+ ADA/access lawsuits against others. Note many of the same violations he's alleged injured his clients at others' locations; including: - Paper towel dispenser over 40" from floor
- Soap dispenser beyond acceptable reach range
- No grab bars in stalls
- Seat paper dispenser above acceptable range
- Mirror too high
- Urinal too high
- Pipes under sink not wrapped
- Inadequate maneuvering room for wheelchair (partition could easily be removed)
- Various irregularities in parking area
If you are disabled and have attempted to use this attorney's services, and were injured or deterred by the various access impediments on his property, please Contact Us. |
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| Disabled parking sign too low, not van accessible, paint barely visible, ramp in improper access aisle, no ISA symbol at door, no tow away signage |
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| Paper towel dispenser too high, soap dispenser out of reach range |
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| Seat paper dispenser too high, no grab bars, inadequate maneuvering range (easily fixed by removing partition) |
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| Urinal too high |
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| Pipes under sink not wrapped, could scald wheelchair user |
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| Paper towel dispenser too high and out of reach range |
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| Don't believe us? You can see this property for yourself at 7840 Mission Center Court, San Diego, CA 92108. If you are disabled and have had difficulty accessing this attorney's offices, please Contact Us. To see more pictures of this attorney's offices and other shocking information, please Click Here. |
If you are currently being sued in an ADA/access lawsuit, you may wish to visit ADAlawsuits.com. If you would like to find the names of legislators who have voted against ADA/access lawsuit reform, please see LegislativeDisgrace.com. To see some proposed solutions which could improve some of the problems associated with ADA/access lawsuits in California, please see: ADAreform.com. To find a Citizens Against Lawsuit Abuse group near you, please see: CALA.com. If you are being sued by any of the individuals or firms mentioned in this website, or have information about the inappropriate use of disability claims for personal profit, you may wish to contact LawyersAgainstLawsuitAbuse, APC. |
Please keep in mind that it has been estimated that 20% of Americans are disabled-- that could be as many as 50,000,000 people or more. Many good disabled people have suffered unnecessarily because of the actions of the very few. Viewers are reminded that each of us may someday find ourselves disabled and urged to consider how we would feel if it was assumed that we had engaged in similar conduct to others, solely based on the fact that we were disabled. Additionally, viewers are reminded that some plaintiffs bring access lawsuits from a true need to gain access to commercial premises, only after previous attempts to informally resolve the matter have failed. Any reference to any specific individual or organization on this website should not be construed to suggest that they are engaging in inappropriate conduct of any sort; a reference to an individual or organization in one area of this website does not mean they are involved in conduct described elsewhere herein. Any reference to court documents or an investigation is necessarily incomplete without reviewing the entire file on the matter; viewers should assume that postings on this website do not include all possible information which may be available as to any particular matter, and that some or all of such information might influence the impression the information in this website creates. There is no warranty, express or implied, that the claims or information represented herein is correct, or was correct at the time it was posted. This is is intended to be a convenient reference viewers can use to independently verify all matters represented herein. This site is intended to provide useful information to individuals being sued in ADA/access lawsuits, government officials and others; it is hoped that some of the information provided herein will lead to a change in the law. |
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