As 2008 draws to a close we can say goodby to the costly antics of two plaintiffs lawyers: Harpreet Singh Brar and Jarek Molski.
Brar was a frequent filer under pre-Proposition 64 B&P Code 17200. But he wasn't slowed much by the CJAC-sponsored 2004 initiative that brought sensible injury requirements to unfair competition lawsuits filed by private attorneys. He tried some creative attempts to establish damages despite Proposition 64, but all went for naught as disbarment proceedings progressed. The result, as published in the California Lawyer magazine's "Discipline Report," included:
"Harpreet Singh Brar, State Bar # 206460. Brar, 37 was disbarred after being found culpable of misconduct in seven matters. He was disciplined for maintaining illegal actions, engaging in acts of moral turpitude, failing to cooperate with a State Bar investigation, and disobeying court orders ... he failed to maintain just actions by filing an unmeritorious appeal and by commingling funds in the client trust account. He acted in bad faith by filing a frivolous motion and appeal. He also harmed the public and the administration of justice by wasting judicial resources and by interfering with the attorney general's duty to protect California consumers. In the current disciplinary matter, the misconduct demonstrated a pattern of misconduct that harmed the pubic and the administration of justice. Brar also demonstrated a contemptuous attitude toward disciplinary proceedings."
As for Molski, as Los Angeles Times writer Carol Williams put it, "Whether Jarek Molski is a crusader for the diabled or an extortionist who abused the law for personal gain, the vexatious litigant has filed his last lawsuit."
The U.S. Supreme Court turned down Molski's appeal of a lower federal court ruling barring Molski from future litigation. In 2004 the late U.S. District Judge Edward Rafeedie branded Molski a "hit and run plaintiff" and accused him of systematic Americans with Disabilities Act extortion lawsuits across California. Molski is believed to have earned hundreds of thousands of dollars suing businesses and demanding $4,000 a day in penalities for the disabled access violations he claimed to observe.