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Being sued againg for ADA by different person

Discussion in 'Alternative Dispute Resolution' started by argonosiru, Mar 2, 2018.

  1. argonosiru

    argonosiru Law Topic Starter New Member

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    Hi eveyone,

    I'm hoping to get some legal advice on this.

    My parents use to rent a store in Los Angeles. Back in July of 2016 we and the landlords of the building were sued for ADA issues (minor things such as ramp and counters). We ended up hiring a lawyer, fixing the problems and settling. (our lease agreement stated we as the tenants were responsible for these ADA issues and not the landlord)

    My parents ended up retiring a year later in April of 2017. Now in March of 2018 we are getting sued again for the for ADA issues again by a different person from back in June of 2016.

    What can we do about this? is there such a thing as double jepeoardy? can we get sued twice for the same ADA issue? Are we still liable even though have give up the lease?

    Your help would be appreciated as my parents are on a fixed income and it would difficult to afford a lawyer again.

    Thanks

    Dan
     
  2. adjusterjack

    adjusterjack Super Moderator

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    No. That's for criminal cases.

    That you and/or your parents are being sued by a different person for conditions that existed prior to them being fixed means you have to start from scratch to defend yourself.

    Have your parents been served a summons and complaint? Some other form of notice?

    Apparently there is a two year statute of limitations in CA for that kind of lawsuit so the plaintiff is well within that limit for a lawsuit to be timely.

    Unless you and your parents want to immediately pay this person whatever he/she wants you really have no choice but to get a lawyer.
     
  3. argonosiru

    argonosiru Law Topic Starter New Member

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    Hi Adjusterjack,

    Thanks for the response, Yes, we were served a summons notice that the landlords sent us.

    I'm wondering if there is anyway I can counter sue the lawyer or do a class action lawsuit. I looked up the lawyer and he is one of the top 10 ADA abusers in the state. He's filed thousands of lawsuits. This is simply ADA laws run amok. What was meant to be a helpful law has led to greed and abuse and destroying the small american businesses.

    Thanks
     
  4. army judge

    army judge Super Moderator

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    This is one of many SCAMS that flourish in CA.

    The SCAM involves trolling business owners using "people that appear to be handicapped" and their evil mentor lawyers; who make out like a bandit.

    Your parents should have said no to any settlement, forcing the evil Svengali lawyer's hand.

    The "alleged handicapped person" files a complaint, the lawyer does the rest by SCARING the unsuspecting, trusting business owner out of loot to avoid going to court.

    These "drive by" lawsuits (known as drive bys, because the victim never actually sets foot on the site) because they "drive by", snap a picture, file a lawsuit.

    Some of these SERIAL filers end up getting sued by their victims.

    Read all about it, as your state and FL are the two most INFESTED states for "drive by" lawsuits:

    The ADA Lawsuit Contagion Sweeping U.S. States

    Serial ADA lawsuit filer striking Bay Area – The Mercury News

    Man sues hundreds over disability violations

    What's a "drive-by lawsuit"?

    Action News Investigates: ADA Lawsuits

    Those are just a small sample.

    You'll find thousands more if you're bored.

    Your parents need a lawyer to make this end, or move out of CA.

    Your parents might wish to consider filing a chapter 7 bankruptcy, talk to a couple BK lawyers near you.

    BK is an effective antidote to scams, among many other financial maladies.
     
  5. zddoodah

    zddoodah Well-Known Member

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    Hire an attorney.

    Yes. It's a criminal law concept that has nothing to do with your situation.

    Well...you said that's exactly what's happened, right?

    How could we possibly know? You provided zero relevant facts.

    Then they should sell their business.

    That sounds like the landlord was served and sent you a copy. That's not the same as you being served (although I assume your parents or you have a duty to indemnify and defend the landlord, so the distinction probably isn't very meaningful).

    The only person you can "countersue" is the plaintiff. You can file a cross-complaint against whomever you like, but I can't conceive what sort of claim you think you or your parents might have against the plaintiff's lawyer (at least I assume you're talking about the plaintiff's lawyer). As far as a class action, whom do you want to sue and why?

    Says who?
     
  6. adjusterjack

    adjusterjack Super Moderator

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    Could be, if the parents were the named defendants and the summons and complaint were left with an adult at their last known address.

    They retired last April so it's a good bet that the business is already sold or closed.
     
  7. argonosiru

    argonosiru Law Topic Starter New Member

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    Yup, the business was sold and the building returned to the landlords in april of 2017. The landlord was named as the defendants as the summons said they could not find any info on who was actually leasing the building.
     

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