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

To Whom It May Concern...

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

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Answered in 2 hours by:
8/30/2013
Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5,299
Experience: Extensive experience representing employees and management
Verified
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!
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Customer reply replied 4 years 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

 

 

 

 

 

 

 

I'll look it over and get back to you soon.
Ask Your Own California Employment Law Question
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!
Ask Your Own California Employment Law Question

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
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5,299
Experience: Extensive experience representing employees and management
Verified
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