I have said countless times that not all ADA cases are made equal, equally bad that is.  Some are actually meritorious, some are weak, others are strong and some are completely lacking in merit.    Scott N. Johnson, the most prolific Plaintiff in all of California has filed over 200 cases against apartments that completely lacked merit.  Everyone knew it, but no one did any thing about it except complain – including the California Apartment Association – that is, until three of my clients refused to settle.  Instead, those clients split the cost of undertaking the discovery and litigation necessary to prove a point – and they did.

Thus far, Scott N. Johnson has paid one client $15,000 to settle, and paid $18,575.08 to another client in sanctions.  We are awaiting a third ruling from Judge Mueller now.

This is not to suggest that these results are typical or available in every case, but imagine how much could be accomplished if more than three of the over 200 apartment owners had taken a joint stand.   I am confident that would could have had Mr. Johnson declared a vexatious litigant as well.

Every ADA case must be evaluated on its merits, and it requires an attorney specializing in ADA defense to identify the technical and legal issues.  If you need assistance, please call us. We have nearly 12 years experience, and have defended more than 3,000 properties ranging from race tracks to wineries to shopping centers, and many more.    

~ Kathi E. Finnerty, Esq.