Pols lauded for battling lawsuit abuse

State Sen. Tom Harman and Assemblyman Van Tran were honored Tuesday in Costa Mesa for their efforts to fend off lawsuit abuse in California.

The local chapter of California Citizens Against Lawsuit Abuse, which is based in Corona del Mar, honored Harman (R-Costa Mesa) and Tran (R-Costa Mesa) at a luncheon marking its ninth annual Lawsuit Abuse Awareness Week. The group gave the two lawmakers its Champion Against Lawsuit Abuse award.

“I’m gratified, honored and humbled by this group that works very hard,” Harman said. “These were civil lawsuits that caused damage and financial harm to small businesses.”

Harman was recognized for co-writing and -sponsoring state legislation to deal with frivolous lawsuits arising from the Americans with Disabilities Act.

The federal law requires businesses and public facilities to be accessible for people with physical disabilities. It prohibits discrimination based on one’s physical disabilities.

But the law often has been abused by lawyers filing suits against businesses because of small infractions, Harman said. If, for example, a business installed a mirror an inch too high, the owner could be sued for violating the law, he said.

Harman’s legislation, the California Disability Access Commission, now gives business owners some time to fix the problem before a potential plaintiff can proceed with a lawsuit.

Tran was honored for introducing a bill to level the playing field between plaintiffs and respondents.

In a class-action suit, only the plaintiff can petition a court’s order, which the respondent cannot.

Tran’s bill, which died in committee, would have given both parties in a suit the right to petition a court order.

Tran is working to introduce a similar bill in the Assembly’s next session.

In 2001, Barry Zanck, president of Newport Beach-based Americap Direct, a lending company, was sued for not listing his broker’s license number in a magazine ad. Zanck said he simply forgot to include it.

Although he corrected the mistake, the plaintiff, Callahan McCune & Willis LLP, offered him a deal that was hard to resist at the time the suit was presented: pay $15,000 and the suit will go away.

He said his first attorney told him to settle it. But Zanck decided to fight the case on principle, and won.

“I was terrified,” he said. “I was sole proprietor and I have kids. I could’ve lost my whole business.”