ADA Defense Lawyer: a Big Win against Abusive ADA Lawsuits. Recovering Attorney’s Fees in ADA and Unruh Act Cases | By Jim Butler

For small business owners, facing an Americans with Disabilities Act (ADA) lawsuit can feel like an uphill battle. These lawsuits often allege accessibility violations, and the costs of litigation can be daunting, even for businesses striving to comply with ADA regulations. However, a recent victory in the case of Orlando Garcia v. Zarco Hotels Inc. (Case No. 21STCV00023), defended by Stuart Tubis, Esq. and Martin Orlick, Esq., provides a roadmap for defendant businesses to not only fight these lawsuits but also recover significant attorneys’ fees when they prevail. It takes the right facts, the right lawyer and a genuine commitment to fight for what is right.

The Case: Orlando Garcia v. Zarco Hotels Inc.

JMBM previously reported a successful defense against an ADA lawsuit brought by plaintiff Orlando Garcia in which Garcia alleged that the Hollywood Hotel’s reservation requirements failed to comply with the ADA because the website did not provide enough information about the physical accessibility features of the hotel. Defendant Zarco Hotels found the claims meritless and committed to defending the case on the merits. Zarco Hotels prevailed, and the Court ordered Garcia to pay Zarco Hotels $57,604.90 on July 11, 2023.

Garcia appealed this decision, but Zarco Hotels won the appeal, again represented by Stuart Tubis, Esq. and Martin Orlick, Esq. So Zarco Hotels filed a motion to recover the attorneys’ fees it incurred on appeal. On June 20, 2025, the Superior Court of California adopted its tentative ruling as final and awarded Zarco Hotels an additional $84,980.00 in attorneys’ fees incurred defending against Garcia’s frivolous appeal for a total recovery of $142,584.90.

The plaintiff opposed the fee request, arguing that the defendant’s billing records were unreasonable. Despite this opposition, the court found the defendant’s fee request to be justified, highlighting that businesses can recover reasonable attorneys’ fees when they successfully defend against ADA claims that are meritless or frivolous. This recovery can specifically include fees incurred defending an appeal. Garcia is personally responsible for payment to Zarco Hotels.

Key Takeaways for Businesses Facing ADA Lawsuits

The Garcia v. Zarco Hotels case underscores several critical points for businesses navigating ADA litigation:

1. Vigorous Defense Can Lead to Victory: The court’s decision to award $142,584 to Zarco Hotels demonstrates that businesses can successfully defend against ADA lawsuits. By presenting a robust defense, businesses may not only defeat the claims but also position themselves to recover litigation costs. While smaller businesses may not opt for a vigorous and prolonged defense, larger businesses or those with a litigation budget should consider this option.
2. Recovering Attorneys’ Fees: Under certain circumstances, defendants in ADA lawsuits can seek attorneys’ fees if the plaintiff’s claims are found to be frivolous, unreasonable, or without foundation. The court’s approval of fees, including a detailed breakdown for JMBM’s work, shows that courts are willing to award substantial amounts when the defendant’s legal efforts are justified.
3. Challenging Plaintiff’s Billing Arguments: In this case, the plaintiff argued that the defendant’s billing records were unreasonable, citing hours not included in a previous version of the motion. However, the court rejected this argument, suggesting that businesses should meticulously document their legal expenses and be prepared to justify them. Clear, detailed billing records can strengthen a defendant’s position when seeking fee awards.
4. Strategic Litigation Matters: The ruling highlights the importance of strategic litigation. Businesses should work with experienced ADA defense attorneys to assess the merits of the plaintiff’s claims early in the process. If the claims lack substance, pursuing a defense that challenges the plaintiff’s case can lead to a favorable outcome, including the possibility of fee recovery.

Practical Steps for Businesses

To increase the likelihood of successfully defending an ADA lawsuit and recovering attorneys’ fees, businesses should consider the following steps:

• Conduct Proactive Compliance Audits: Regularly assess your property, website and business for ADA and California Unruh Civil Rights Act compliance to address potential issues before they lead to litigation. Document these efforts, as they can serve as evidence of good faith in court.
• Engage Experienced Legal Counsel: Partner with attorneys who specialize in ADA litigation. They can evaluate the strength of the plaintiff’s claims and develop a defense strategy that maximizes the chances of dismissal or a favorable ruling. You don’t always need to settle.
• Maintain Detailed Records: Keep thorough records of all legal expenses, including attorney hours and tasks. These records are critical when seeking fee awards, as demonstrated in the Garcia v. Zarco Hotels
• Use Experienced Experts: Utilize experienced and credible experts to help assess the merits of the claims and provide testimony to the court.
• Be Prepared for Opposition: As seen in this case, plaintiffs may challenge fee requests by questioning the reasonableness of billing records and appealing decisions. Anticipate such arguments, and ensure your legal team can stand its ground and substantiate the hours billed. Litigation is expensive and not for faint of heart, but can be successful with the right strategy.

Conclusion

The Orlando Garcia v. Zarco Hotels Inc. ruling is a roadmap for businesses to successfully defend ADA lawsuits and recover their attorneys’ fees and costs. It illustrates that with a strong defense and meticulous documentation, businesses can not only defeat meritless claims but also recover significant attorneys’ fees and litigation costs. By taking proactive steps to ensure ADA compliance and partnering with skilled legal counsel, businesses can protect themselves from the financial burden of litigation and potentially turn the tables on plaintiffs who bring unfounded claims. If your business is facing an ADA lawsuit, consult with an experienced attorney to explore your options for defense and fee recovery.

For more insights on navigating ADA compliance and litigation, contact Stuart K. Tubis, Esq. at skt@jmbm.com or 415-984-9622.

Reprinted with permission from the ADA Compliance and Defense Blog