Mike Hestrin, a district attorney in Riverside County, California, recently filed a civil lawsuit against two law firms and at least five individuals. The lawsuit claims that the defendants violated the state’s unfair competition laws by pursuing dozens of lawsuits against businesses within the county.
In the complaint, the plaintiffs detail a “shakedown” in which the attorneys and a plaintiff who is not an attorney pursued more than 100 lawsuits against small business owners in Riverside County. Each lawsuit accused the defendant of violations of the Americans with Disabilities Act, or ADA. According to the district attorney, the lawyers targeted certain small businesses, making misrepresentations in court filings that were designed to elicit a financial settlement from the defendants.
The defendants in the new Riverside County lawsuit include attorneys Babak Hashemi, Joseph Manning Jr., Michael Manning and Craig Cote. James Rutherford, who served as the plaintiff in many of the ADA lawsuits, also is named as a defendant in the lawsuit. In fact, court records indicate that Rutherford has been named as a plaintiff in at least 200 separate ADA-related lawsuits. These civil actions have been filed against small businesses and individuals in Los Angeles, San Bernardino, San Diego and Orange counties.
Defense attorney David Darnell has taken on representation of the defendants in the district attorney’s action. He says that the lawsuit “is completely misguided and without any merit.” Moreover, he argues that “those corporations that were sued did violate the act, and they settled or tried to settle the cases.”
The district attorney’s office states that it “fully supports accessibility rights for disabled persons” and that “the ADA laws are designed to help and protect disabled persons.” However, the office argues that the defendants in the lawsuit acted for the “purpose of illegitimate financial gain” rather than a disinterested effort to ensure compliance with the ADA.
Darnell argues that the district attorney’s case “is an attack on the ADA” because “this is a law they don’t like.” Moreover, he believes that “a reasonable judge” will immediately see their point of view and decide the case in their favor.