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.
This case summary may not reflect the current position of the parties to this litigation or the status of this case. Sign up to view the latest case updates and court documents.
*******9079
04/11/2022
Not Classified By Court
Contract - Business
San Francisco, California
SAMUEL K. FENG
CURTIS KARNOW
RICHARD B. ULMER
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
GASCON, GEORGE
MARKOFF, GABRIEL
DARNELL, DAVID J.
CLERK'S ESTIMATE OF COST OF APPEAL RECORD SENT TO RESPONDENT, ESTIMATED COST $449.00 (A166490, DIV 3)
PROOF OF SERVICE BY ELECTRONIC MAIL (TRANSACTION ID # 68328516) FILED BY APPELLANT PEOPLE OF THE STATE OF CALIFORNIA
NOTICE DESIGNATING RECORD ON APPEAL (TRANSACTION ID # 68328273) FILED BY APPELLANT PEOPLE OF THE STATE OF CALIFORNIA
CLERK'S NOTICE OF FILING OF NOTICE OF APPEAL (APPEAL FILED 10/20/22)
CASE MANAGEMENT CONFERENCE OF NOV-16-2022 IS OFF CALENDAR. JUDGMENT ON FILE. NOTICE SENT BY COURT.
PROOF OF SERVICE OF NOTICE OF APPEAL (TRANSACTION ID # 68283489) FILED BY APPELLANT PEOPLE OF THE STATE OF CALIFORNIA
NOTICE OF APPEAL (TRANSACTION ID # 68283489) FILED BY APPELLANT PEOPLE OF THE STATE OF CALIFORNIA
NOTICE OF ENTRY OF JUDGMENT (TRANSACTION ID # 210018712)
THE COURT ORDERED THE FOLLOWING JUDGMENT ENTERED: IT IS ADJUDGED THAT PLAINTIFF PEOPLE OF THE STATE OF CALIFORNIA TAKE NOTHING FROM 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 SEE SCANNED DOCUMENT
DocketCERTIFICATION NOTICE
[-] Read LessDocketAPPEAL RECORD CERTIFIED TO THE COURT OF APPEAL - 3 VOLS CT, RT ATTACHED TO DESIGNATION, (APPEAL FILED 10/20/22) A166490 DIV 3
[-] Read LessFinancialPayment: COSTS ON PREPARING APPEAL; Amount: $449; Payment Type: ELECTRONIC; Receipt Number: X7722B22A001
[-] Read LessDocketCOSTS OF PREPARATION ON APPEAL DEPOSITED (TRANSACTION ID # 210022208) BY RESPONDENT 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 ZAMAN, TEHNIAT MASANQUE, ISABEL ROSE GUTIERREZ, FAYTHE GRACE, PHYL; Fee: $449.00
[-] Read LessHearingMatter(s): CASE MANAGEMENT CONFERENCE Off Calendar Oct-25-2022 Off Calendar; Location: CIVIC CENTER COURTHOUSE ROOM 610; Judge Name: SAMUEL K. FENG
[-] Read LessDocketCLERK'S ESTIMATE OF COST OF APPEAL RECORD SENT TO RESPONDENT, ESTIMATED COST $449.00 (A166490, DIV 3)
[-] Read LessDocketPROOF OF SERVICE BY ELECTRONIC MAIL (TRANSACTION ID # 68328516) FILED BY APPELLANT PEOPLE OF THE STATE OF CALIFORNIA
[-] Read LessDocketNOTICE DESIGNATING RECORD ON APPEAL (TRANSACTION ID # 68328273) FILED BY APPELLANT PEOPLE OF THE STATE OF CALIFORNIA
[-] Read LessDocketCLERK'S NOTICE OF FILING OF NOTICE OF APPEAL (APPEAL FILED 10/20/22)
[-] Read LessFinancialPayment: NOTICE OF APPEAL - CLERKS DEPOSIT; Payment Type: EXEMPT; Receipt Number: X7722A25A002
[-] Read LessDocketSUMMONS ON COMPLAINT (TRANSACTION ID # 67705157) FILED BY PLAINTIFF PEOPLE OF THE STATE OF CALIFORNIA SERVED MAY-05-2022, MAIL AND ACKNOWLEDGEMENT, ACKNOWLEDGMENT DATE MAY-25-2022 AS TO DEFENDANT GRACE, PHYL
[-] Read LessDocketSUMMONS ON COMPLAINT (TRANSACTION ID # 67705157) FILED BY PLAINTIFF PEOPLE OF THE STATE OF CALIFORNIA SERVED MAY-05-2022, MAIL AND ACKNOWLEDGEMENT, ACKNOWLEDGMENT DATE MAY-25-2022 AS TO DEFENDANT SEABOCK, CHRISTOPHER
[-] Read LessFinancialPayment: CERTIFIED/EXEMPLIFIED COPIES; Amount: $69; Payment Type: CREDIT CARD; Receipt Number: P0322516F013
[-] Read LessDocketCOPYING FEES (58 PAGE, 1 CERTIFIED COPY); Fee: $69.00
[-] Read LessDocketSUMMONS ISSUED (TRANSACTION ID # 67466833) TO PLAINTIFF PEOPLE OF THE STATE OF CALIFORNIA
[-] Read LessFinancialPayment: CIVIL COMPLAINT/PETITION/OTHER FIRST PAPER; Payment Type: EXEMPT; Receipt Number: H2522411F002
[-] Read LessDocketNOTICE TO PLAINTIFF
[-] Read LessDocketEXHIBITS 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
[-] Read LessDocketCIVIL CASE COVERSHEET FILED (TRANSACTION ID # 67466833) FILED BY PLAINTIFF PEOPLE OF THE STATE OF CALIFORNIA
[-] Read LessDocketBUSINESS 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
[-] Read LessCase Number: | *******9079 | |
Case Title: | PEOPLE OF THE STATE OF CALIFORNIA VS. POTTER HANDY LLP ET AL | |
Court Date: | AUG-26-2022 09:30 AM | |
Calendar Matter: | DEMURRER TO COMPLAINT | |
Rulings: | Matter on calendar for Friday August 26, 2022, Line 16, DEMURRER TO COMPLAINTComplete tentative ruling sent to the parties via e-msil.On demurrer, the court assumes the facts in the complaint are true. The only issues presented are, assuming the truth of the allegations, whether there are legal reasons why nevertheless the case may not proceed. See generally, Weil & Brown, et al., CALIFORNIA PRACTICE GUIDE: CIVIL PROCEDURE BEFORE TRIAL 7:43 (Rutter 2022) ("RUTTER").The complaint was filed by the district attorneys of Los Angeles and San Francisco. It outlines a shakedown scheme operated by the defendant lawyers. They are accused of perpetrating a scam by accusing people and small businesses of violations of the American With Disabilities Act (ADA). The lawyers (it is said) have filed thousands of complaints with false standing allegations, in order to obtained the jurisdiction of federal courts. They extracted millions of dollars in essentially coerced settlement from parties who cannot afford to litigate. The complaint alleges: Each year, Potter Handy files thousands of boilerplate "ADA/Unruh" lawsuits on behalf of a few repeat plaintiffs ("Serial Filers") against California small businesses with little regard to whether those businesses actually violate the ADA. These lawsuits are financially onerous, in large part because the Unruh Act (but not its federal counterpart) allows Potter Handy to demand damages of at least $4,000 per alleged violation. Small businesses, particularly those owned by immigrants and individuals for whom English is a second language, who are often less familiar with the complexities of the American legal system, are rarely able to afford the risk and expense of defending themselves in court. As a result, each year Potter Handy uses ADA/Unruh lawsuits to shake down hundreds or even thousands of small businesses to pay it cash settlements, regardless of whether the businesses actually violate the ADA.Any party who contests a tentative ruling must send an email to contestdept302tr@sftc.org with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. The text of the email shall include the name and contact information, including email address, of the attorney or party who will appear at the hearing. Counsel for the prevailing party is required to prepare a proposed order which repeats verbatim the substantive portion of the tentative ruling and must email it to contestdept302tr@sftc.org prior to the hearing even if the tentative ruling is not contested.The court no longer provides a court reporter in the Law & Motion Department. Parties may retain their own reporter, who may appear in the courtroom or remotely. A retained reporter must be a California certified court reporter (CSR), for only a CSR's transcript may be used in California courts. If a CSR is being retained, include in your email all of the following: their name, CSR and telephone numbers, and their individual work email address.=(302/CK) | |
Case Number: | *******9079 | |
Case Title: | PEOPLE OF THE STATE OF CALIFORNIA VS. POTTER HANDY LLP ET AL | |
Court Date: | AUG-11-2022 09:30 AM | |
Calendar Matter: | HEARING ON TIMELINESS OF PLAINTIFF'S MOTION TO RECUSE RICHARD B. ULMER JR. VASED ON PEREEMPTORY CHALLENGE | |
Rulings: | Matter on calendar for Thursday, August 11, 2022, Line 15 1. HEARING ON TIMELINESS OF PLAINTIFF'S MOTION TO RECUSE RICHARD B. ULMER JR. BASED ON PEREEMPTORY CHALLENGE.Hearing required.For the 9:30 a.m. Law & Motion calendar, all attorneys and parties may appear in Department 302 remotely. Remote hearings will be conducted by videoconference using Zoom. To appear remotely at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Rulings," and click on the appropriate link, or dial the corresponding phone number.The court no longer provides a court reporter in the Law & Motion Department. Parties may retain their own reporter, who may appear in the courtroom or remotely. A retained reporter must be a California certified court reporter (CSR), for only a CSR's transcript may be used in California courts. If a CSR is being retained, include in your email all of the following: their name, CSR and telephone numbers, and their individual work email address. = (302/RBU) | |
Case Number: | *******9079 | |
Case Title: | PEOPLE OF THE STATE OF CALIFORNIA VS. POTTER HANDY LLP ET AL | |
Court Date: | AUG-04-2022 09:30 AM | |
Calendar Matter: | Hearing On Status As To Whether Case Is Maintained By The District Attorney | |
Rulings: | Matter on calendar for Thursday, August 4, 2022, Line 11HEARING ON STATUS AS TO WHETHER CASE IS MAINTAINED BY THE DISTRICT ATTORNEY.Continued to August 11, 2022 to join another matter in this case.For the 9:30 a.m. Law & Motion calendar, all attorneys and parties may appear in Department 302 remotely. Remote hearings will be conducted by videoconference using Zoom. To appear remotely at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Rulings," and click on the appropriate link, or dial the corresponding phone number.Any party who contests a tentative ruling must send an email to contestdept302tr@sftc.org with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. The text of the email shall include the name and contact information, including email address, of the attorney or party who will appear at the hearing. The court no longer provides a court reporter in the Law & Motion Department. Parties may retain their own reporter, who may appear in the courtroom or remotely. A retained reporter must be a California certified court reporter (CSR), for only a CSR's transcript may be used in California courts. If a CSR is being retained, include in your email all of the following: their name, CSR and telephone numbers, and their individual work email address. = (302/RBU) |
Case Number: | *******9079 | |
Case Title: | PEOPLE OF THE STATE OF CALIFORNIA VS. POTTER HANDY LLP ET AL | |
Court Date: | JUL-07-2022 09:30 AM | |
Calendar Matter: | DEMURRER to COMPLAINT | |
Rulings: | Matter on calendar for Thursday, July 7, 2022, Line 13DEFENDANTS POTTER HANDY LLP, MARK POTTER, RUSSELL HANDY, DENNIS PRICE, CHRISTOPHER SEABOCK, AMANDA SEABOCK, CHRISTINA CARSON, PRATHIMA PRICE, RAYMOND BALLISTER JR., ELLIOTT MONTGOMERY, BRADLEY SMITH, JOSIE ZIMMERMAN, TEHNIAT ZAMAN, ISABEL MASANQUE, FAYTHE GUTIERREZ and PHYL GRACE'S DEMURRER to COMPLAINT.Hearing required to address appointment of new district attorney; demurrer to be continued.For the 9:30 a.m. Law & Motion calendar, all attorneys and parties may appear in Department 302 remotely. Remote hearings will be conducted by videoconference using Zoom. To appear remotely at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Rulings," and click on the appropriate link, or dial the corresponding phone number. The court no longer provides a court reporter in the Law & Motion Department. Parties may retain their own reporter, who may appear in the courtroom or remotely. A retained reporter must be a California certified court reporter (CSR), for only a CSR's transcript may be used in California courts. If a CSR is being retained, please send an email to contestdept302tr@sftc.org to provide the following: their name, CSR and telephone numbers, and their individual work email address. = (302/RBU) |