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Vexatious Litigants

a pox on your houses

Wondering why it’s so hard for California’s economy to thrive, despite our abundance of natural resources, etc?  Here’s one reason.

A Carmichael attorney [Scott Johnson] has filed more than 100 disability-access lawsuits [between August 2003 and May 2005], mostly against small local stores and restaurants

“Robert Lorbeer, a Sacramento attorney who represents a landlord Johnson has sued twice” tried to have him declared a “ ‘vexatious litigant’ who had participated in a ‘pattern of abusive litigation, bordering on extortionate shysterism’ “ but apparently failed since Johnson is still at it.  Sacramento burger place, the Squeeze Inn, has had to close its store in an historic building and move due to a Johnson suit.

Johnson is not a lone nut—though nut he may be—he’s part of a statewide cottage industry.

Jarek Molski, 34, of Woodland Hills ... has filed more than 400 lawsuits alleging violations of the Americans With Disabilities Act.

These “poor disabled” find businesses who are ‘out of compliance’ with ADA rules, file lawsuits and typically settle for payments.  Yanno—extortion.  Still, the businesses are forced to

Between August 2003 and April 2005 Johnson filed 108 disability-access cases…

The suits primarily target mom-and-pop shops and restaurants and their landlords. Sometimes he sues two or three places on the same day, she said, and alleges similar problems and injuries from business to business. ...  Language in the suits are similar. “It’s pretty much boilerplate,"

No small business has cash reserves to fight a $30K bullshitte suit like this.  Most have the necessary reserves to move the paper towel dispenser down a foot or the hand rails over a half-inch.  But “faded parking lot lines”?  rly?!?

Johnson doesn’t ask for a lot of money, Corfee and Singh said, but it adds up. If Johnson settled all 22 cases he filed last December at, say, $5,000 each, that would total $110,000. The 15 cases filed in April would total $75,000.

Not a lot of money?  To whom?

And that doesn’t take into account how many businesses aren’t even started in CA—the Golden State—due to ADA requirements.  Didja know that a horse boarding/riding facility needs to be wheelchair accessible with special bathrooms, etc?

More here and here [both PDF]

Posted by Claire on 02/11 at 08:37 AM
  1. I didn’t know that such a thing could be possible! It is really unbelievably crazy! What is wrong with him? Why such a dark passion to kill convinience stores and small shops, honestly trying to make both ends meet?
    Revolting!
    Thank you very much for the post, as it is worth denouncing such things!

    Posted by julie celibataire  on  02/12/10  at  04:00 AM

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