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Restaurant Obviously Didn’t Like The A.D.A. Suit.

October 11, 2012 by Leave a Comment

A disabled man filed a complaint for damages and permanent injunctive relief against a restaurant because of alleged violations of the Americans with Disabilities Act [42 USC §12182(b)(2).] The restaurant filed a general denial and a cross-complaint alleging the disabled man and his attorney were liable under Government Code §12651(a)(7) of the California False Claims Act for knowingly filing false statements in fee waiver applications to avoid paying court fees, when the disabled man received funds of at least $65,000 from settlements in lawsuits the previous year. The attorney contends he is not liable as he did not have an independent obligation to pay court filing fees. The trial court granted summary judgment to the disabled man and his attorney, but the appellate court reversed and remanded the matter for further proceedings.  Mao’s Kitchen, Inc. v. Thomas Mundy and Morse Mehrban   (Cal. App. Second Dist., Div. 4; September 10, 2012) 209 Cal.App.4th 132.

Filed Under: Americans With Disabilities Act Law News, Appellate Law News, Government Law News, Legal News, Summary Judgment Law News

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