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Java Stop in Lodi sued by disability-rights lawyer

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Bob Casalengo

Posted: Friday, July 15, 2011 12:00 am | Updated: 10:42 am, Wed Jan 30, 2013.

Bob Casalengo sat sipping a cup of ice water at a table at Java Stop, staring down at a manila folder full of court documents that is at least two inches thick.

The owner of the coffee shop sighed and shook his head, wondering how he got involved with the notorious, disabled Sacramento-area lawyer Scott Johnson.

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26 comments:

  • Darrell Baumbach posted at 7:47 am on Sat, Jul 16, 2011.

    Darrell Baumbach Posts: 9405

    In my opinion, this attorney is not acting in the spirit of the law but possibly the letter of the law. This is the unintended consequence of the ADA which should not have been enacted in the first place. I and many other people ( just ook at the posts on this thread) would go out of our way to be accommodating and helpful to those that have disabilities. Why should people be forced to be accommodating. Where is our freedom to be good or bad stewards of humanity.
    I think real pressure should be applied to legislators who could amend the ADA so that it is more reasonable.
    In addition, it is not only small business that is effected. Government entities and large businesses are as well. Doing something good for people is not always economically feasible. Just look at the cost of the Lodi Grape Bowl to the tax payers of Lodi because of a compliance issue afforded by the ADA. We pay for it. Is the extreme high cost of compliance to the ADA fair? Helping people with disabilities is a kind and wonderful thing to do. However, I think it is absurd and unfair to “ force “ society to do this.
    This attorney is simply a cancer grown from its roots... the ADA.

    I think if there is a lawsuit, it should be a class action lawsuit to make it more cost effective. For example, if all small businesses who were economically damaged joined together and pooled resources, maybe something could be done to take away this ADA nightmare society faces.

     
  • Barry Western posted at 11:51 pm on Fri, Jul 15, 2011.

    bb western Posts: 3

    Hmm. OK, one more. A Fair Oaks Beauty salon.

    Disabled Attorney Sues Area Business

    Fair Oaks Beauty Salon Owner Struggles To Make Choice

    SACRAMENTO, Calif. -- A disabled attorney, known for suing hundreds of businesses in the Sacramento area, is now going after a beauty salon owner in Fair Oaks.
    Sara Javidan has been running Sara's Salon for the last 26 years.
    Scott Johnson is suing Javidan because her private bathroom doesn't comply with standards set by the American with Disabilities Act.

    Read more: http://www.kcra.com/news/22529838/detail.html#ixzz1SFTASEEe
    http://www.kcra.com/news/22529838/detail.html

    You can't make this stuff up...

     
  • Barry Western posted at 11:26 pm on Fri, Jul 15, 2011.

    bb western Posts: 3

    Just had to include this...
    Squeeze Inn Owner Squeezed Out Of 30-Year Location
    Sacramento Restaurant Owner Says He Can't Compete With Lawsuit
    Read more: http://www.kcra.com/news/20005642/detail.html#ixzz1SFN3z3Vn

     
  • Barry Western posted at 11:24 pm on Fri, Jul 15, 2011.

    bb western Posts: 3

    Oh... the same "attorney" that's been going around and suing the "Squeeze In" hamburger places! I know real attorney's have more self-respect than that.

    Where is the State Bar of California in this? What is their function?
    Their Web Site says: "What can the State Bar of California do for you?" Well, just read this stuff... I don't think any interpreting is necessary.

    How does an attorney gain admittance to the State Bar of California?
    From the Web site:

    "How are members admitted?
    To practice law in California, State Bar applicants must pass a rigorous three-day examination, a test of their knowledge of the Rules of Professional Conduct and a screening for moral character. The exam, considered one of the toughest in the nation, is administered by the Committee of Bar Examiners (CBE).

    What is the attorney discipline system and how does it work?
    The State Bar’s discipline system is designed to protect the public, the courts and the profession from attorneys who violate ethical rules covering their professional conduct. Consumers with complaints about an attorney may call the bar’s toll-free number:

    1-800-843-9053 (there it is)

    The Office of the Chief Trial Counsel, which is responsible for reviewing charges of lawyer misconduct, then investigates and prosecutes these complaints.
    When the attorney complaint phone number is called, a specially trained complaint analyst in the Office of Intake/Legal Advice receives the call and seeks to determine the nature of the allegation.
    If a possible violation of the bar’s Rules of Professional Conduct seems to exist, a complaint form is sent to the caller and information gathering begins. Complaint forms are also available on the State Bar’s website, www.calbar.ca.gov.
    In some cases, the bar has no jurisdiction, but seeks to refer the caller to an appropriate agency. In other cases, the bar, by intervening, successfully re-establishes a positive attorney/client relationship between the two parties.
    If there is reason to proceed with a complaint, it is sent to the Office of Investigation where formal allegations of misconduct are pursued. At the end of an investigation – usually within six months – if it is concluded that the charges involve probable misconduct, the Office of Trials files formal charges and assumes responsibility for prosecuting them in State Bar Court.
    The State Bar of California is the only state bar in the nation with independent professional judges dedicated to ruling on attorney discipline cases.
    The independent State Bar Court hears the charges and has the power to recommend that the California Supreme Court suspend or disbar those attorneys found to have committed acts of professional misconduct or convicted of serious crimes. For lesser offenses, public or private reprovals may be issued.
    Also, the State Bar Court can temporarily remove lawyers from the practice of law when they are deemed to pose a substantial threat of harm to clients or the public. Lawyers may seek review of State Bar Court actions in the California Supreme Court.
    The State Bar also recommends that the Supreme Court accept lawyers’ resignations with disciplinary charges pending and immediately places such lawyers on inactive status until their resignations take effect.

    Call this number, and let them know how you feel about these lawsuits from Scott Johnson!

     
  • roy bitz posted at 8:55 pm on Fri, Jul 15, 2011.

    roy bitz Posts: 501

    It would be good if a few local handicapped folks would opine on this issue.
    Do they support JOHNSON'S tactics? Do they believe small local businesses such as Java Stop, Paul's lock and Key, or other local small businesses have discriminated against handicapped people.
    Memo to Mr. Johnson---check out all the smaller area wineries and tasting rooms---some may---or may not---- be in total compliance with ADA requriements.
    Drink a little wine---Spend some money--live a little---loose the bitterness.

     
  • Josh Morgan posted at 7:25 pm on Fri, Jul 15, 2011.

    Josh Morgan Posts: 532

    Having had some experience with building permits I have the following observation. When Bob acquired the property and did his renovation he was required to obtain a building permit and ultimately a Certificate of Occupancy. He was required to meet all ADA standards at that time or he would not have received his certificate. If he has made no significant improvements since then what law is he violating? This is absolutely ridiculous! I'm going to double up on my purchases at Java Stop.

     
  • Kim Lee posted at 5:04 pm on Fri, Jul 15, 2011.

    Kim Lee Posts: 1798

    This following is my personal opinion of this situation, of which I am entitled. The previous comment was for Scott Johnson. Like so many here I too think this attorney, Scott Johnson, is a man of low integrity and character and is only out for the money.

    If this lawyer, Johnson, had a shred of integrity (I know, an oxymoron) he would have spoken to Bob, Paul, Brodie, and the countless others he has attacked with his lawsuits, about the issues regarding their establishments before bringing a lawsuit against them. It's seems this lawyer is all about making the money without any genuine care whatsoever about the Americans with Disabilities Act or his fellow man.

    It sure seems obvious to me that Johnson could care less about getting a key made by Paul, a photo taken by Brodie or enjoying a coffee from Bob's Java Stop. It's all about making a living because, in my opinion, he doesn't want to make his money with integrity and hard work like most people he brings to these lawsuits. If the Americans with Disabilities Act were really at the heart and soul of all of this then this lawyer would not be making all of this money off of his neighbors and he wouldn't simply go straight to a lawsuit without first contacting the business owners about compliance.

    If Johnson were travelling the countryside addressing the Americans with Disabilities Act and trying to enlighten businesses about what is needed then I would say BRAVO!!! But, we all know that this is not the case, so shame on you Scott Johnson…shame. Someone needs to take this lawyer to task and stop the frivolous lawsuits.

    I think I'll go ask Paul to make me a key, make an appointment with Brodie for a photo and stop by for my coffee at Java Stop in the morning! Good luck to you, Bob Casalengo (and others). Lodi supports you! And if you open a fund to fight this lawsuit I will donate to it and I am sure most of Lodi will donate too. I say fight it! Best wishes to you.

    I hope Johnson gets to find out that his shenanigans will not be tolerated here in Lodi.

     
  • Kevin Paglia posted at 4:08 pm on Fri, Jul 15, 2011.

    Kevin Paglia Posts: 2024

    Bob, check into http://www.adaabuse.com/. might help.

     
  • Kevin Paglia posted at 4:04 pm on Fri, Jul 15, 2011.

    Kevin Paglia Posts: 2024

    From the ADA website "c) Exception for structural impracticability. (1) Full compliance with the requirements of this section is not required where an entity can demonstrate that it is structurally impracticable to meet the requirements. Full compliance will be considered structurally impracticable only in those rare circumstances when the unique characteristics of terrain prevent the incorporation of accessibility features.


    (2) If full compliance with this section would be structurally impracticable, compliance with this section is required to the extent that it is not structurally impracticable. In that case, any portion of the facility that can be made accessible shall be made accessible to the extent that it is not structurally impracticable.


    (3) If providing accessibility in conformance with this section to individuals with certain disabilities (e.g., those who use wheelchairs) would be structurally impracticable, accessibility shall nonetheless be ensured to persons with other types of disabilities (e.g., those who use crutches or who have sight, hearing, or mental impairments) in accordance with this section."

    I would think that given the very limited structure that is there that compliance would be "impractical".

     
  • Sam Heller posted at 3:45 pm on Fri, Jul 15, 2011.

    Sam Heller Posts: 176

    Bob, I have never been to your place (because I do not drink coffee). I will however stop by to donate if you choose to sue this jerk. He needs to be stopped.

     
  • Allison Genest posted at 3:23 pm on Fri, Jul 15, 2011.

    AliG50 Posts: 2

    Bob, thank you for the correction. I got so irritated as I was reading the article that I should have paid closer attention to the names

     
  • Anthony Marino posted at 1:20 pm on Fri, Jul 15, 2011.

    Anthony Marino Posts: 10

    This guy is outrageous. Burns me big time.

     
  • Bob Smith posted at 1:07 pm on Fri, Jul 15, 2011.

    Bob Smith Posts: 128

    Allison, Mr. Johnson IS the scumbag lawyer. He files these on behalf of himself.

     
  • Allison Genest posted at 12:28 pm on Fri, Jul 15, 2011.

    AliG50 Posts: 2

    Love Java Stop. They are all great people. Had Mr Johnson confronted the employees or owner; I'm sure they would have discussed his concerns but instead he calls his scumbag lawyer. Mr. Johnson, you have no conscious and you and your attorney are below dirt. Maybe a news crew needs to investigate you and your attorney
    Since this seems to be the way you make a living.

     
  • Bob Casalegno posted at 11:01 am on Fri, Jul 15, 2011.

    Bob Casalegno Posts: 1

    Thank you for your comments. And thank you for your business.

     
  • Laura Rouzer posted at 10:12 am on Fri, Jul 15, 2011.

    Laura Rouzer Posts: 57

    I've always had great experiences with Java Stop and I hope they take this guy on and put him in his place. I am more than happy to donate to the cause.

     
  • Shannon Mirfield posted at 9:55 am on Fri, Jul 15, 2011.

    Shannon Mirfield Posts: 41

    Disabled attorney defends his 1,000+ ADA lawsuits

    http://www.news10.net/news/local/story.aspx?storyid=76046

    One of the MANY stories on this guy I found :(

     
  • Shannon Mirfield posted at 9:46 am on Fri, Jul 15, 2011.

    Shannon Mirfield Posts: 41

    I hate it when bad things happen to people I like. I hope everything turns out all right. I love Java Stop AND everyone who works there. I know that if there is anything that I can do, I will do it. I love that when I go to Java Stop and they already have my coffee ready, because they saw me pull in. I am a very faithful customer. Java Stop is the reason Starbucks never gets my business. Great coffee, great service, great people.

     
  • Dave Christy posted at 9:41 am on Fri, Jul 15, 2011.

    Dave Christy Posts: 27

    I havn't had a dissabled person on my property that I can remember , why can't small business just post a sign on the front gate stating that they do not provide facilities for the handicapped ? There are not usually dissabled people buying my product, heavy trucks trailersand excavation equipment.In the past I would have gone out of my way to help the handicapped, now I'll go the other way and ignore them. This PUKE Johnson is ruining it for many.

     
  • Dave Christy posted at 9:18 am on Fri, Jul 15, 2011.

    Dave Christy Posts: 27

    This Puke makes my blood boil, I don't know you Bob I have never done business with The Java Stop but I have $ 100.00 to donate to the cause of fighting this PUKE Johnson. I know your facility well I worked there in the 70's for Jim McCarty at the then Milk Stop. JAM in his fighting days would have made mince meat out of this PUKE if he laid a slimy wheel chair wheel on the property. I don't know the extent of the PUKE's damages but will be following the case closely. There is, right around the corner the straw that will break the Camels back and run a lot more of us small business people out of this toilet called California. Johnson the PUKE deserves to be left here in the ruins!

     
  • Darrell Baumbach posted at 9:08 am on Fri, Jul 15, 2011.

    Darrell Baumbach Posts: 9405

    Jay stated...Bob - you need to sue this fool in return. Java Stop is a DRIVE-THROUGH

    Jay... great idea. Go on offense again him. ( Jay, I believe it has a walk in area as well)

    Bob, maybe you should set up a trust fund at a bank where people can donate to this cause in your behalf. I wonder if there is a bighearted attorney out there that could help you at a low cost just because it would be a good thing to do. I would think the city of Lodi should help you as well. The city should protect its tax paying small businesses that are doing business here from these kind of vultures.

     
  • Jay Samone posted at 8:09 am on Fri, Jul 15, 2011.

    Jay Samone Posts: 359

    Bob - you need to sue this fool in return. Java Stop is a DRIVE-THROUGH. If that idiot can't drive a vehicle, then maybe he should su the car companies because every vehicle should be in compliance with the ADA. I am so tired of this man. He has made his way through this state FOR YEARS suing businesses right and left making money off of mom and pop shops that he only visits ONCE in order to view the location so he can sue them for not being in ADA compliance. I get so tired of these turds working the system and putting businesses out of business because of looholes in the system. And what the F was he doing at Brodie Jaynes' studio? Did he even get his photo taken? Order a package? Come on.......

     
  • Mary Holden posted at 7:58 am on Fri, Jul 15, 2011.

    Mary Holden Posts: 3

    This lawyer reflects very poorly on attorneys AND on people with disabilities. A NORMAL person might bring a compliance issue to the attention of the business owner...but this litigious loser seems to think he was put on this earth to make others miserable. And isn't he doing a great job of it!!!

    I am about to relocate to Lodi and Java Stop will have my business precisely because of this low-life.

     
  • Darrell Baumbach posted at 5:55 am on Fri, Jul 15, 2011.

    Darrell Baumbach Posts: 9405

    How unfortunate that the Disability Act which was intended for " the good", can be manipulated by sleazy selfish attorneys to do harm. I think these kind of things make America less free. I hope people with disabilities speak up and defend Bob. Do we really need one more reason to put businesses under stress in this economy?

     
  • Joe Baxter posted at 5:51 am on Fri, Jul 15, 2011.

    Joe Baxter Posts: 1846

    Check this Bozo out. This is how he makes his living. Although I do believe that handicapped people need to have the same access to public buildings and businesses, this guy is over the top. He preys on small businesses, some struggling to keep their doors open. He won't go after big business because they have the resources to fight back.

     
  • Joe Baxter posted at 5:51 am on Fri, Jul 15, 2011.

    Joe Baxter Posts: 1846

    Check this Bozo out. This is how he makes his living. Although I do believe that handicapped people need to have the same access to public buildings and businesses, this guy is over the top. He preys on small businesses, some struggling to keep their doors open. He won't go after big business because they have the resources to fight back.

     
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