Big Bear attorney Ross Cornell should not have been charged with a felony, Riverside Superior Judge Matthew Perantoni ruled May 12.
The Riverside District Attorney’s complaint claimed that Cornell filed fraudulent lawsuits against small business owners in Riverside County under the Americans with Disabilities Act. He filed 10 charges: five counts of a forged instrument and five counts of a conspiracy to commit a crime. Cornell’s client, Bryan Estrada, was charged with the same counts.
District Attorney Michael Hestrin, however, had no authority to bring the lawsuit, according to Perantoni. He concluded that the DA had no legal authority to prosecute conduct that occurred before federal courts, wrote attorney Meghan Blanco, counsel for Estrada, by email.
“A holding order in this case would have chilled ADA lawsuits across the country. But thankfully, people’s right to ensure businesses comply with discrimination laws remains protected,” Blanco wrote.
Follow Our Courts reached out to Cornell’s attorney, Joseph E. Markus of Bellflower’s Law Offices of Stein & Markus and has not yet received a reply.
The DA’s appellate unit is considering options, wrote Amy McKenzie, director of communications for the office.
The DA’s Office claimed in a March 10, 2022 press release that Cornell and Estrada had filed fraudulent lawsuits by misrepresenting facts in their legal documents, and by falsely claiming to be denied access to businesses. Estrada is a paraplegic.
“The Riverside County District Attorney’s Office supports accessibility rights for disabled persons but strongly maintains that ADA laws should not be manipulated solely for financial benefit as alleged in this case,” the release said.
The amended complaint against the pair claimed they filed 57 fraudulent federal ADA lawsuits from November 2019 to March 2022. The complaint named suits against the Corona Animal Hospital, Park Lane Mobile Homes, Ultra Imports Auto Parts, The Pets Place Animal Hospital and Murrieta Valley Golf. Each of these named cases were settled before trial.
Estrada never visited these businesses for services, but claimed to have encountered ADA barriers anyway, the complaint said.
The State Bar has not brought Cornell any disciplinary actions.
Cornell had previously filed a countersuit in federal court to dismiss the DA’s charges.
“Libelous press releases and SWAT-style arrests of disabled persons and attorneys for loosely alleged non-violent crimes committed in the context of protected federal civil rights advocacy are unjustified and portray animus and bias,” Cornell had written in his federal complaint.
The press release was made to besmirch Cornell, interfere with his current cases and civil rights advocacy and to damage his reputation, Cornell claimed.
His countersuit was dismissed by California Central District Judge John Holcomb, who said that he did not have the jurisdiction to review the DA’s actions.
Deputy District Attorney Timothy Brown prosecuted.
Case No. RIF2201190
Read the complaint here.
Read Cornell’s counter complaint here.
Read our prior coverage here: Attorney, accused by DA of felony lying in ADA cases, files federal complaint to dismiss
