On April 11, 2022, The People of The State Of California (“Plaintiff”), represented by Boudin. Chesa of the San Francisco District Attorney’s Office and Geoge Gascon of the Los Angeles County District Attorney’s Office, filed a contract lawsuit against Potter Handy LLP, Mark Potter, Russell Handy, Dennis Price, Amanda Lockhart Seabock and Ors (collectively, Defendants”), seeking injunctive relief, the restoration of benefits, civil penalties and the costs of litigation for the Defendants’ alleged unlawfully circumvention of the California Legislature’s procedural reforms on abusive Unruh Civil Rights Act (“Unruh Act”) disabilities litigation. This case was filed in the Civic Center Courthouse in the San Francisco County Superior Court with Judge Samuel K. Feng presiding.
In their complaint, the Plaintiff alleged that, “The law firm Potter Handy LLP, dba ‘Center for Disability Access’ is unlawfully circumventing the California Legislature’s procedural reforms on abusive Unruh Civil Rights Act (“Unruh Act”) disabilities litigation. The firm does so by filing thousands of boilerplate, cut-and-paste federal-court lawsuits that falsely assert its clients have standing under the federal Americans with Disabilities Act (‘ADA’).”
The Plaintiff further alleged that, “After the business settles, the Serial Filer fails to return to the business, and the firm rarely if ever monitors the business’s compliance with the ADA and Unruh Act, despite that being the alleged basis for the lawsuit. Instead, Potter Handy and the Serial Filer simply move on to other targets, filing an ever-increasing number of new lawsuits in order to keep the firm’s revenues flowing [...] This means that a disabled plaintiff filing a lawsuit in California may bring both a federal ADA claim for injunctive relief and a state law Unruh Act claim for damages, all for the same alleged set of facts—an “ADA/Unruh” suit.”
The Plaintiff then alleged that, “To help businesses comply with the laws and protect the rights of disabled persons while avoiding unnecessary litigation, the Legislature created the California Commission on Disability Access and set up a process by which businesses could voluntarily hire an inspector through the Certified Access Specialist program (“CASp”).”
The Plaintiff also alleged that, “Potter Handy has long been alleged to engage in fraud. Notably, in 2005, a former Potter Handy client named Phillip DiPrima asked to dismiss cases that Potter Handy had filed on his behalf, submitting a sworn declaration accusing Defendants Mark Potter and Russell Handy of multiple fraudulent acts. Relevant here, Mr. DiPrima accused Defendants Potter and Handy of (1) alleging ADA violations in complaints filed in Mr. DiPrima’s name that Mr. DiPrima did not experience and had not told Potter Handy he experienced; and (2) entering into settlements on Mr. DiPrima’s behalf without obtaining commitments to fix the alleged ADA violations, solely to maximize their own compensation.”
The Plaintiff has listed only one claim for relief, for the alleged violation of Business and Professions Code § 17200 et seq., against all Defendants.
In their prayer for relief, the Plaintiff has requested that the Court preliminarily and permanently restrain their successors and the assigns of all or substantially all their assets and enjoin them from engaging in any acts of unfair competition; that Defendants be ordered to restore to every person in interest all money and property which was acquired by Defendants through their unlawful conduct; that Defendants are ordered to pay cumulative civil penalties of Two Thousand Five Hundred Dollars ($2,500.00) and award to the Plaintiffs their costs of suit and any other such relief that the Court deems just and proper.
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*******9079
04/11/2022
Not Classified By Court
Contract - Business
San Francisco, California
SAMUEL K. FENG
PEOPLE OF THE STATE OF CALIFORNIA
BALLISTER JR., RAYMOND
CARSON, CHRISTINA
DOES 1-100
GRACE, PHYL
GUTIERREZ, FAYTHE
HANDY, RUSSELL
MASANQUE, ISABEL ROSE
MONTGOMERY, ELLIOTT
POTTER HANDY LLP
POTTER, MARK
PRICE, DENNIS
PRICE, PRATHIMA
SEABOCK, AMANDA LOCKHART
SEABOCK, CHRISTOPHER
SMITH, BRADLEY
ZAMAN, TEHNIAT
ZIMMERMAN, JOSIE
BOUDIN, CHESA
Attorney at SAN FRANCISCO DISTRICT ATTORNEY'S OFFICE
350 Rhode Island St.
San Francisco, CA 94103
GASCON, GEORGE
Attorney at LOS ANGELES COUNTY DISTRICT ATTORNEY
211 West Temple Street, 10Th Floor
Los Angeles, CA 90012
BUSINESS TORT, COMPLAINT (TRANSACTION ID # 67466833) FILED BY PLAINTIFF PEOPLE OF THE STATE OF CALIFORNIA AS TO DEFENDANT POTTER HANDY LLP POTTER, MARK HANDY, RUSSELL PRICE, DENNIS SEABOCK, CHRISTOPHER SEABOCK, AMANDA LOCKHART CARSON, CHRISTINA PRICE, PRATHIMA BALLISTER JR., RAYMOND MONTGOMERY, ELLIOTT SMITH, BRADLEY ZIMMERMAN, JOSIE ZAMAN, TEHNIAT MASANQUE, ISABEL ROSE GUTIERREZ, FAYTHE GRACE, PHYL DOES 1-100 NO SUMMONS ISSUED, JUDICIAL COUNCIL CIVIL CASE COVER SHEET NOT FILED CASE MANAGEMENT CONFERENCE SCHEDULED FOR SEP-14-2022 PROOF OF SERVICE DUE ON JUN-10-2022 CASE MANAGEMENT STATEMENT DUE ON AUG-22-2022
CIVIL CASE COVERSHEET FILED (TRANSACTION ID # 67466833) FILED BY PLAINTIFF PEOPLE OF THE STATE OF CALIFORNIA
EXHIBITS A-K TO COMPLAINT FOR RESTITUTION, CIVIL PENALTIES, PRELIMINARY AND PERMANENT INJUNCTIONS, AND OTHER EQUITABLE RELIEF (TRANSACTION ID # 67466833) FILED BY PLAINTIFF PEOPLE OF THE STATE OF CALIFORNIA
NOTICE TO PLAINTIFF
SUMMONS ISSUED (TRANSACTION ID # 67466833) TO PLAINTIFF PEOPLE OF THE STATE OF CALIFORNIA
HearingMatter(s): CASE MANAGEMENT CONFERENCE; Location: CIVIC CENTER COURTHOUSE ROOM 610; Judge Name: SAMUEL K. FENG
DocketSUMMONS ISSUED (TRANSACTION ID # 67466833) TO PLAINTIFF PEOPLE OF THE STATE OF CALIFORNIA
FinancialPayment: CIVIL COMPLAINT/PETITION/OTHER FIRST PAPER; Payment Type: EXEMPT; Receipt Number: H2522411F002
DocketNOTICE TO PLAINTIFF
DocketEXHIBITS A-K TO COMPLAINT FOR RESTITUTION, CIVIL PENALTIES, PRELIMINARY AND PERMANENT INJUNCTIONS, AND OTHER EQUITABLE RELIEF (TRANSACTION ID # 67466833) FILED BY PLAINTIFF PEOPLE OF THE STATE OF CALIFORNIA
DocketCIVIL CASE COVERSHEET FILED (TRANSACTION ID # 67466833) FILED BY PLAINTIFF PEOPLE OF THE STATE OF CALIFORNIA
DocketBUSINESS TORT, COMPLAINT (TRANSACTION ID # 67466833) FILED BY PLAINTIFF PEOPLE OF THE STATE OF CALIFORNIA AS TO DEFENDANT POTTER HANDY LLP POTTER, MARK HANDY, RUSSELL PRICE, DENNIS SEABOCK, CHRISTOPHER SEABOCK, AMANDA LOCKHART CARSON, CHRISTINA PRICE, PRATHIMA BALLISTER JR., RAYMOND MONTGOMERY, ELLIOTT SMITH, BRADLEY ZIMMERMAN, JOSIE ZAMAN, TEHNIAT MASANQUE, ISABEL ROSE GUTIERREZ, FAYTHE GRACE, PHYL DOES 1-100 NO SUMMONS ISSUED, JUDICIAL COUNCIL CIVIL CASE COVER SHEET NOT FILED CASE MANAGEMENT CONFERENCE SCHEDULED FOR SEP-14-2022 PROOF OF SERVICE DUE ON JUN-10-2022 CASE MANAGEMENT STATEMENT DUE ON AUG-22-2022; Fee: EXEMPT
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