Sacramento – Emergency legislation introduced by Senate Republican Leader Bob Dutton (R–Rancho Cucamonga) that would have stopped predatory lawyers from filing frivolous lawsuits against small businesses was killed by Democrats during a Senate Judiciary Committee hearing on July 5.

Senate Bill 783 would have required the owner of a property to be notified of an Americans With Disabilities Act (ADA) violation before a lawsuit could be filed. The property owner would have had 120 days to fix the violation. If the violation(s) was not fixed within the timeframe, a lawsuit would then be allowed to move forward.

Business owners throughout the Inland Empire and California have been sent threatening letters from attorneys claiming ADA violations, even though the business owner wasn’t aware of any ADA issues. The letter says to avoid a costly lawsuit, the business owner must pay the attorney and his client thousands of dollars.

Mark Kim, a small business owner in National City testified during the Senate Judiciary hearing on July 5, how his business has been sued twice for ADA violations and how SB 783 would have allowed his business and the others within the same complex to fix the violation.

Also testifying was Paul Barich, owner of Barich and Associates Insurance and President–elect of the Redlands Chamber of Commerce. He outlined how he and more than a dozen other businesses in the City of Redlands alone have been hit with these threatening letters and lawsuits for violations they weren’t even aware of.

“Democrats are very good at paying lip service when it comes to the issue of providing a business–friendly environment in California,” Senator Dutton said following the hearing. “But when it comes time for them to step up to the plate and make a real difference on an issue that will help these struggling businesses, they once again failed to do so.”

“These lawyers are committing what amounts to extortion on the business community and hiding behind the ADA laws as justification,” Senator Dutton continued. “They are an embarrassment to their profession. They are not serving the needs of the ADA community and, ultimately, they are killing jobs in California. This problem will not go away and I hope the majority party will work with me to find a solution to this serious issue.”

Senator Dutton indicated that while SB 783 died in committee he remains committed to finding a solution to this serious problem.