Hi I received a package containing a 4 page out of a 22 page summons a couple of days ago, now In this package is a Lawyer offering her/his services when I am ready to hire an attorney. But please note that this package is not the complete summons, and I have not been officially served yet.
But I do have several questions for you guys, since this is the first time I am getting this kind of mail..
Please Read:
- In the 3 page summons/ complain says that a customer in a wheelchair came in to my business last year around November and order food, and he went to the restroom, and Plaintiff claims that he did not order a soda as the soda fountain nozzles are over his head height and that the plaintiff cannot see the level of soda when filling his cup.
- He also mention on the complaint that there is a slope at the door leading to the patio has no level landing so customers/patrons WOULD not be able to go back inside the restaurant from the patio.
So like I said I haven not recieved the summons yet which was filed no more than 5 days ago, I only got what that lawyer sent me via mail a couple of days ago offering his/her services. I have talked already to the person in charge of the shopping center and I explained of what I have recieved and that she would contact me if she gets such summons.
Now going back to November - December, I received a letter directly from "now" the Plaintiff, and he wrote that he encounter several ADA barriers (Restroom, parking, seating, etc.) while visiting my Business which is inside of a shopping center and that I needed to respond to him via certified mail giving him a LIST of what barriers I found and to fix them within 2-3 months and to contact the local city offices to get accurate information. I replied to him via certified mail saying that I will look into it and if found any ADA Barriers we will fix them, but that since I do not own the building I do not know when this can be done, and that in the mean while we will be more that gladly to accomodate him in any way so we can make his experience more comfortable.
I contacted and make an appointment with the city's building inspector and I got educated regarding ADA, the building inspector gave me copies from the 2010 California building code and told me what to look for and to measure here and there etc. I had that appoiment in December of 2011 after gathering information then I contacted the person in charge of the shopping center, she just told me to get a lawyer and to have my insurances in place and that I should never respond to that person (now the plaintiff) BUT before I contacted the person in charge of the shopping center I did reply to (now the plaintiff) the customer saying that i will look into it and fix if any ADA barriers existed.
So after a a few months March-April of this year things got fixed and brought up to code, I do have receipts of all Job done and copies of checks of such jobs. So now that this customer is serving me with a summons what should I do because I did in fact brought up to code where the fountain machine is at. So he never order the drink or served his drink, how he knows what height is it? also same for the slope outside the building if he never went outside besides there is NO slope.
Now here is the kicker a week or so I got an email from the person in charge of the shopping center saying that they will fix the parking lot and the entrance to my business. But now we have this 3 page out of a 22 page summons. So for me as the business owner I think of what the plaintiff's is saying on his story in the summons I think he is not correct. Becasue He mention there is no sitting for the disable person outside in the patio and THERE IS...
- The Plaintiff back in November also mention that there was a problem on the parking space for the Disable People. So when I went to talk to the City Inspector he also told me that it needed to be a path of travel to the public sidewalk if there was NONE. And in the summons plaintiff is claiming that the parking space for the disable is to narrow for a Van and there is no Path of travel to the public sidewalk even knowing he drove into the shopping center. Plaintiff lives like an hour or Two from where I do business. And also he has filed 100's of cases here in California.
What should I do, any pointers. I do have a bussines/Tenant-Landlord Lawyer but as many people do, I like to do more research around and get more knowledge, maybe is something that I can do my self or if not, just go ahead hire an Attorney.
-And also I am in and out of my Business meaning I am only there for a couple of hours checking on things, etc. How am I suppost to get served with that summons?
Thanks a million for reading this long post.
PS.- If this Thread is in the incorrect Forum please move it.
Kind Regards,
Felixr
But I do have several questions for you guys, since this is the first time I am getting this kind of mail..
Please Read:
- In the 3 page summons/ complain says that a customer in a wheelchair came in to my business last year around November and order food, and he went to the restroom, and Plaintiff claims that he did not order a soda as the soda fountain nozzles are over his head height and that the plaintiff cannot see the level of soda when filling his cup.
- He also mention on the complaint that there is a slope at the door leading to the patio has no level landing so customers/patrons WOULD not be able to go back inside the restaurant from the patio.
So like I said I haven not recieved the summons yet which was filed no more than 5 days ago, I only got what that lawyer sent me via mail a couple of days ago offering his/her services. I have talked already to the person in charge of the shopping center and I explained of what I have recieved and that she would contact me if she gets such summons.
Now going back to November - December, I received a letter directly from "now" the Plaintiff, and he wrote that he encounter several ADA barriers (Restroom, parking, seating, etc.) while visiting my Business which is inside of a shopping center and that I needed to respond to him via certified mail giving him a LIST of what barriers I found and to fix them within 2-3 months and to contact the local city offices to get accurate information. I replied to him via certified mail saying that I will look into it and if found any ADA Barriers we will fix them, but that since I do not own the building I do not know when this can be done, and that in the mean while we will be more that gladly to accomodate him in any way so we can make his experience more comfortable.
I contacted and make an appointment with the city's building inspector and I got educated regarding ADA, the building inspector gave me copies from the 2010 California building code and told me what to look for and to measure here and there etc. I had that appoiment in December of 2011 after gathering information then I contacted the person in charge of the shopping center, she just told me to get a lawyer and to have my insurances in place and that I should never respond to that person (now the plaintiff) BUT before I contacted the person in charge of the shopping center I did reply to (now the plaintiff) the customer saying that i will look into it and fix if any ADA barriers existed.
So after a a few months March-April of this year things got fixed and brought up to code, I do have receipts of all Job done and copies of checks of such jobs. So now that this customer is serving me with a summons what should I do because I did in fact brought up to code where the fountain machine is at. So he never order the drink or served his drink, how he knows what height is it? also same for the slope outside the building if he never went outside besides there is NO slope.
Now here is the kicker a week or so I got an email from the person in charge of the shopping center saying that they will fix the parking lot and the entrance to my business. But now we have this 3 page out of a 22 page summons. So for me as the business owner I think of what the plaintiff's is saying on his story in the summons I think he is not correct. Becasue He mention there is no sitting for the disable person outside in the patio and THERE IS...
- The Plaintiff back in November also mention that there was a problem on the parking space for the Disable People. So when I went to talk to the City Inspector he also told me that it needed to be a path of travel to the public sidewalk if there was NONE. And in the summons plaintiff is claiming that the parking space for the disable is to narrow for a Van and there is no Path of travel to the public sidewalk even knowing he drove into the shopping center. Plaintiff lives like an hour or Two from where I do business. And also he has filed 100's of cases here in California.
What should I do, any pointers. I do have a bussines/Tenant-Landlord Lawyer but as many people do, I like to do more research around and get more knowledge, maybe is something that I can do my self or if not, just go ahead hire an Attorney.
-And also I am in and out of my Business meaning I am only there for a couple of hours checking on things, etc. How am I suppost to get served with that summons?
Thanks a million for reading this long post.
PS.- If this Thread is in the incorrect Forum please move it.
Kind Regards,
Felixr
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