Attorney’s fees sought from serial ADA lawsuit filer in San Mateo and San Carlos

“Everyone uses the word serial litigant as though it were a terrible thing,” Andrews said during a motion for attorney fees in February. “I’m sorry to have to tell everyone in the sound of my voice that serial litigation is the way that the California Legislature has decided that existing buildings get enforced.”

Mason, who uses a wheelchair, allegedly visited the Orchid Room on Jan. 26, 2022, and sued over a lack of ADA-compliant counter seating and restrooms. While there was a restroom with a sign indicating it was wheelchair accessible, Mason “reasonably believed it was a women’s restroom” after noticing the wallpaper inside and decided not to use it, according to the complaint. 

Kathleen Argo, owner of the Orchid Room, said she has reason to believe that Mason never visited her establishment and worked with attorney Ara Sahelian to avoid jumping to a settlement. 

Mason claimed in three other lawsuits to experience ADA violations at three other establishments that same date — in Santa Clara, San Mateo and over 400 miles south in Escondido.  

“When you take his deposition, he has little or no recollection of what happened that day, except for certain bits of information that he’s been fed in preparation for his deposition,” Sahelian said.

Two other establishments, Tan-Cha and Taqueria La Cumbre, did not settle. Sahelian also represents Taqueria La Cumbre. Tan-Cha entered default in October 2023 and Andrews filed for dismissal that December.

Sahelian, who is a defense attorney specializing in laws related to people with disabilities, said he can understand why others may be quick to settle when served with these kinds of lawsuits. 

The Unruh Civil Rights Act is another layer on top of the ADA and the Disabled Persons Act that adds complexity to these cases, Sahelian said.

“There is so much interaction with these laws and the case law that results from this interaction becomes so muddled and so complex that unless you do it exclusively, you cannot possibly understand the law,” Sahelian said. 

Mason and his attorney called for a voluntary dismissal without prejudice for the Orchid Room and Taqueria La Cumbre in December 2023 citing immediate health concerns that would prevent Mason from proceeding with a trial for the time being. Filing without prejudice means Mason and his attorney can file complaints again.  

Sahelian, on behalf of both the Orchid Room and Taqueria La Cumbre, is now seeking attorney’s fee sanctions for what was incurred as a result of frivolous and meritless lawsuits.

Under Unruh alone, the defense is not eligible for reciprocal attorney fee returns. However, Sahelian said that because Unruh was filed invoking the ADA, which does allow for these requests if it becomes apparent it was a case without foundation, they will seek such sanctions.

“This is to discourage Mr. Mason along with his attorneys from repeatedly filing these cases to line their pockets and discourage them from lying,” Sahelian said.  

Andrews said during the February hearing the suggestion that serial filers aim to harm small businesses is a “flawed conception.”

Sahelian, who is in a wheelchair himself, said serial filers are individualistic profiteers, rather than civil rights advocates as they may claim. 

“The ADA is a great privilege to have for people with disabilities,” Sahelian said. “But if you are going to lie and go to court and ask for money for a difficulty that you never incurred, that you did not experience, then what you are doing is debasing the ADA and making it harder for people with legitimate ADA claims to bring to the courts.”

The hearing for attorney’s fees for the Orchid Room will be held June 20. The hearing for Taqueria La Cumbre is slated for Sept. 9 in front of Judge V. Raymond Swope.