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William B. Esq.
William B. Esq., Attorney
Category: Legal
Satisfied Customers: 3007
Experience:  Civil litigation attorney for individuals and businesses.
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in the last 6 months, I have been sued by the same lawyer,

Customer Question

in the last 6 months, I have been sued by the same lawyer, different plaintiffs for the discrimination to the handicapped while visiting my small family restaurant. The first summons, it was a fraud, because it accused me of not having a mirror low enough for someone in a wheel chair to see themselves. The problem was I did not have a mirror and he withdrew the case. Now, the complaint is that my doorknobs are circular and a paraplegic had a hard time opening it. This is already ridiculous. Isn't there a law against individuals like this? what should I do?
Submitted: 1 year ago.
Category: Legal
Expert:  William B. Esq. replied 1 year ago.

William B. Esq. :

Dear Customer, thank you for choosing Just Answer. I am sorry to hear of this conduct. In California there is relief from this type of conduct, but it is difficult to obtain. The relief is under a statute for "vexatious litigation" requiring the vexatious litigant to file multiple cases without merit in a short period of time, this includes the attorney prosecuting these claims. here is the statute, you can review it to see if it applies to your situation: http://codes.lp.findlaw.com/cacode/CCP/3/2/3A/s391

William B. Esq. :

I hope that my answer was of assistance to you. My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions. Please remember to rate my service once you have all the information you need. Thank you for your business!

William B. Esq., Attorney
Category: Legal
Satisfied Customers: 3007
Experience: Civil litigation attorney for individuals and businesses.
William B. Esq. and 18 other Legal Specialists are ready to help you
Expert:  William B. Esq. replied 1 year ago.
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Customer: replied 1 year ago.

William,


Thank you for partially answering my question. It has been helpful, now along with the complaint, I have a blank form called "Defendant's application for stay and early evaluation conference pursuant to code section 55.54" What happens in this matter if I file this form? And why would I get an offer of compromise with this complaint?

Expert:  William B. Esq. replied 1 year ago.
Dear Customer,

The application for stay is an effort by the Courts to reduce litigation costs and expenses by allowing correction of violations to occur prior to to court when the violation does not carry a penalty (new construction, small businesses, or no violation actually occurring). If you qualify for one of these it makes sense to file for the stay in proceedings as it reduces costs and you can simply address the issue prior to court.

If you have received an offer of compromise, I assume it is a demand letter that you pay a sum to the plaintiff and they will drop the case, this is commonly a "shake down" case in which routine plaintiffs or plaintiffs counsel will sue businesses repeatedly or sue multiple businesses in order to accrue fees based on the private attorney general statutes (meaning legislature allows private law firms to obtain money for enforcing these regulations). You can compromise or send them money and they will drop the case.

Expert:  William B. Esq. replied 1 year ago.
Dear Customer,
Thank you for the kind rating, it is greatly appreciated. I wish you the best of luck with this matter. If you have further questions regarding this type of issue, or any other legal matter, please do not hesitate to use our service in the future. You may post a question for any of our experts in general, or to me directly by titling your question “To CalAttorney 2…”
Best regards, and thank you,
Bill
Customer: replied 1 year ago.

Thank you. Now, I am a small business with less than 10 employees and I can supply the information requested on the form, but what will be the result of filing this form. Will I be exonerated from these charges if I show the doorknobs have been brought up to code?

Expert:  William B. Esq. replied 1 year ago.
Dear Customer,

You will not be exhonorated of any charges, but you will have your minimum statutory liability reduced to $2,000.00 per incident. Filing the form will allow you to avoid the litigation process and give you a speedy resolution to the matter.

You can find more detail in the statute itself: http://law.onecle.com/california/civil/55.54.html

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