How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Joseph Your Own Question

Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 4503
Experience:  Extensive experience representing employees and management
Type Your California Employment Law Question Here...
Joseph is online now
A new question is answered every 9 seconds

To Whom It May Concern:I, a layman, have prepared about

Resolved Question:

To Whom It May Concern: I, a layman, have prepared about three page- "Answer to a Complaint" as to the ADA violation for an indigent Vietnamese-American woman for free. I want to have the answer edited or refined by a lawyer. Could you please tell us how much it will cost for the woman to have the paper reviewed by professional in conjunction with the legalese, etc.? I think I can email the papers to you. Your answer will greatly be appreciated. Song XXXX (XXX) XXX-XXXX

Submitted: 7 months ago.
Category: California Employment Law
Expert:  Joseph replied 7 months ago.
Hello Song,

I will be happy to look over the answer to the complaint for you. However, I can only make suggestions (and edits for grammar, etc.) rather than provide any substantial revisions, as that would constitute the practice of law.

Please attach the documents by using the paper clip icon here.

Thanks!
Customer: replied 7 months ago.

XXXXXXXXX

(XXX) XXX-XXXX

Defendant in Pro Per

 

UNITED STATES DISTRICT COURT FOR
THE EASTERN DISTRICT OF CALIFORNIA

XXXXXXX

,

Plaintiff,

vs.XXXXXXXXX

dba Hair Do’s & Nails; and Does 1-10

Defendant(s).

)

)

)

)

)

)

)

)

)

)

Case No.: No. 2:13-cv-026-GEB-KJN filed 08/07/13

Defendant’s Answer to Plaintiff’s Complaints for Damages and Injunctive Relief for Violations of: American’s With Disabilities Act; Unruh Civil Rights Acts; California Disabled Persons Act; Negligence

 

Demand for Jury

 

 

Defendant, XXXXX, answers the complaint of Plaintiff, XXXXXXX as follows:

  1. Defendant admits that Defendant runs the Hair Do’s & Nails as a cosmetologist and

as a lessee of the Premises of the Beauty Salon atXXXXXXXXXXX

  1. Defendant admits the legalities of the articles and clauses of American’s With

Disabilities Act; Unruh Civil Rights Acts; California Disabled Persons Act in the complaint.

  1. Defendant admits that this court has subject matter jurisdiction over this lawsuit.
  2. Defendant denies Plaintiff’s allegations in paragraph 7,9,10, 11,12, 13,14,15,16,17,18,

19, 20, 21, 22, 23, 24 and 25 on the grounds that Plaintiff had failed to see

Defendant’s Hair Do’s and Nails store additionally does have the bathrooms for the

Disabled, male and female, which were established architecturally and legally according to the California Building Codes.

  1. FURTHER, AS SEPARATE AFFIRMATIVE DEFENSES to each and every claim for

relief of the complaint, the answering Defendant states as follows:

 

II. DEFENSES

FIRST AFFIRAMTIVE DEFNESE:

Defendant counters Plaintiff’s allegation in paragraph 10, “The Plaintiff has

both patronized and been deterred from patronizing the defendants’ facilities over

the last year, including a number of times in 2013,” on the grounds that Plaintiff

stopped by Defendant’s salon three times in 2013 not over the last year.

At first, without saying a word to anyone the store, in his wheelchair Plaintiff

entered Defendant’s salon at the beginning of this year. In August 2013 Plaintiff

came again the Defendant’s beauty salon and scrutinized the bathroom for

the nondisabled, but he failed to see the bathrooms for disabled male and female

which are adjacent of the bathroom that Plaintiff complained of. In the

afternoon on the same day, Plaintiff returned to the Defendant's beautify

salon and had his hair cut observed the said Plaintiff and later she filed

the false complaint.

 

SEOCND AFFIRAMTIVE DEFENSE:

 

Defendant counters Plaintiff’s allegation in paragraph 11, “…. This violation denied

 

the plaintiff full and equal access to facilities, privileges, and accommodations offered

 

by the defendants,” on the grounds that Plaintiff investigated the bathroom

 

for the nondisabled, but failed to observe that Defendant’s salon has appropriate

 

and legitimate bathrooms for the disabled (handicapped) male and female adjacent

 

to the bathroom for the nondisabled of which Plaintiff complained mistakenly or wrongly.

 

THIRD AFFIRMATIVE DEFENSE:

 

Defendant counters Plaintiff’s allegation in paragraph 17, “The plaintiff has been to the

 

defendants’ property on a number of occasions. Given its location and options, it is

 

in a desirable location for him and he will …and will continue to encounter the

 

unlawful barriers and discriminatory conditions there so long as they remain,”

 

on the grounds that Plaintiff has been to the Plaintiff's leased store just three times

 

not on a number of occasions.

.

WHEREOF defendant prays this Court to dismiss the complaint and enter judgment in

favor of defendant and to consider the following counterclaims:

 

  1. COUNTERCLAIMS
  2. Plaintiff failed to see that there are two bathrooms for female and male disabled persons, which are adjacent to the bathroom that Plaintiff mistakenly and wrongly complained of as if Defendant violated the ADA laws.
  3. Defendant had to hire a English-Korean bilingual translator and paid $ 300. to translate the English-version complaint into Korean.
  4. Defendant hired a translator to prepare this answer and paid $500.
  5. Defendant drove to several pertinent places to prepare this answer, which incurred expense of $100.
  6. Defendant has not been able to run her beauty salon for five days since August 19, 2012 when she was served on the summons; as a result, her income loss is $1500.
  7. As a result of the translation of the complaint, and writing this answer, it cost Defendant $2,400. all together.

 

DATED: August 29, 2013

 

XXXXXXX

YOUR NAME

In Pro Per

 

 

 

 

 

 

 

Expert:  Joseph replied 7 months ago.
I'll look it over and get back to you soon.
Expert:  Joseph replied 7 months ago.
I have looked it over and made some suggestions, but it would be helpful to see the copy of the original complaint if you can send that along.

Please make sure to redact (cut out) any identifying information (names, addresses, and phone numbers).

Thanks!
Expert:  Joseph replied 7 months ago.

Hello Song, Please see my corrections below: Defendant,XXXXX, answers the complaint of Plaintiff, XXXXXX as follows: Defendant admits that Defendant runs the Hair Do’s & Nails as a cosmetologist and as a lessee of the Premises of the Beauty Salon at XXXXXXX. Defendant admits the legalities of the articles and clauses of American’s With Disabilities Act; Unruh Civil Rights Acts; California Disabled Persons Act in the complaint. Defendant admits that this court has subject matter jurisdiction over this lawsuit. Defendant denies Plaintiff’s allegations in paragraph 7,9,10, 11,12, 13,14,15,16,17,18, 19, 20, 21, 22, 23, 24 and 25 on the grounds that Plaintiff did fail to see that Defendant, Hair Do’s and Nails store, has bathrooms for Disabled persons, male and female, which were established architecturally and legally according to the California Building Codes. FURTHER, AS SEPARATE AFFIRMATIVE DEFENSES to each and every claim for relief of the complaint, the answering Defendant states as follows: II. DEFENSES FIRST AFFIRAMTIVE DEFNESE: Defendant counters Plaintiff’s allegation in paragraph 10, “The Plaintiff has both patronized and been deterred from patronizing the defendants’ facilities over the last year, including a number of times in 2013,” on the grounds that Plaintiff stopped by Defendant’s salon three times in 2013 not over the last year. [I'm not sure what point you're making here, so I'd suggest you delete the above]. At first, without saying a word to anyone the store, in his wheelchair Plaintiff entered Defendant’s salon at the beginning of this year. In August 2013, Plaintiff came again the Defendant’s beauty salon and scrutinized the bathroom for the nondisabled, but he failed to see the bathrooms for disabled men and women which are adjacent of the bathroom that Plaintiff complained about. In the afternoon on the same day, Plaintiff returned to the Defendant's beauty salon and had his hair cut. {I'm not sure what you're trying to say after this so I'd delete it.] observed the said Plaintiff and later she filed the false complaint. SEOCND AFFIRAMTIVE DEFENSE: Defendant counters Plaintiff’s allegation in paragraph 11, “…. This violation denied the plaintiff full and equal access to facilities, privileges, and accommodations offered by the defendants,” on the grounds that Plaintiff investigated the bathroom for the nondisabled, but failed to observe that Defendant’s salon has appropriate and legitimate bathrooms for the disabled (handicapped), which are adjacent to the bathrooms for the nondisabled, and which Plaintiff failed to observe. THIRD AFFIRMATIVE DEFENSE: Defendant counters Plaintiff’s allegation in paragraph 17, “The plaintiff has been to the defendants’ property on a number of occasions. Given its location and options, it is in a desirable location for him and he will …and will continue to encounter the unlawful barriers and discriminatory conditions there so long as they remain,” on the grounds that Plaintiff has been to the Plaintiff's leased store just three times not on a number of occasions. . WHEREOF defendant prays this Court to dismiss the complaint and enter judgment in favor of defendant and to consider the following counterclaims: COUNTERCLAIMS [You can bring a 'motion for costs' after the case. The counterclaims that you have here are not really relevant and shouldn't be included in the answer. Only you're response to the statements, whether you admit or deny, and your affirmative defenses]. Plaintiff failed to see that there are two bathrooms for female and male disabled persons, which are adjacent to the bathrooms that Plaintiff mistakenly and wrongly complained of as if Defendant violated the ADA laws. Defendant had to hire a English-Korean bilingual translator and paid $ 300 to translate the English-version complaint into Korean. Defendant hired a translator to prepare this answer and paid $500. Defendant drove to several pertinent places to prepare this answer, which incurred expense of $100. Defendant has not been able to run her beauty salon for five days since August 19, 2012 when she was served on the summons; as a result, her income loss is $1500. As a result of the translation of the complaint, and writing this answer, it cost Defendant $2,400 all together. DATED: August 29, 2013XXXXXXYOUR NAME In Pro Per

Joseph, Lawyer
Satisfied Customers: 4503
Experience: Extensive experience representing employees and management
Joseph and 3 other California Employment Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • LawTalk's Avatar

    LawTalk

    Attorney

    Satisfied Customers:

    907
    I have 30 years of experience in the practice of law, including employment law and discrimination law.
< Last | Next >
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney

    Satisfied Customers:

    907
    I have 30 years of experience in the practice of law, including employment law and discrimination law.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Attorney

    Satisfied Customers:

    816
    JD, 16 years experience & recognized by ABA for excellence in employment law.
  • http://ww2.justanswer.com/uploads/PI/PIExpert/2012-7-1_152453_Attorney.64x64.jpg Brandon, Esq.'s Avatar

    Brandon, Esq.

    Lawyer

    Satisfied Customers:

    314
    Has received a certificate of recognition from the California State Senate for his outstanding legal service.
  • http://ww2.justanswer.com/uploads/PH/phoenixrising119/2012-7-26_11214_043.64x64.jpg melissamesq's Avatar

    melissamesq

    Attorney

    Satisfied Customers:

    47
    Represent clients to maximum recovery in employment cases.
  • http://ww2.justanswer.com/uploads/IG/Iggy1001/2013-11-20_23344_JApic.64x64.jpg Joseph's Avatar

    Joseph

    Lawyer

    Satisfied Customers:

    2993
    Extensive experience representing employees and management
  • http://ww2.justanswer.com/uploads/JK/jkiani22/2013-11-18_15348_JacobKiani1copy2.64x64.jpg jkiani22's Avatar

    jkiani22

    Attorney

    Satisfied Customers:

    20
    Attorney
  • /img/opt/shirt.png Legal Counsel's Avatar

    Legal Counsel

    Lawyer

    Satisfied Customers:

    32
    California Licensed Attorney- 29 years- Wages, Hours, Overtime, Discrimination, Wrongful Termination.