CALL TO ACTION: AAHOA and CH&LA "renting to minors" scam update

AAHOA & CH&LA SCAM ALERT UPDATE

Jonathan Asselin-Normand - Renting to Minors

Note: All members are reminded that AAHOA & CH&LA are not law firms, and neither are acting in any manner as an attorney for any member. Nothing in this Update should be considered to be legal advice of any kind, and members should seek their own legal counsel if they need formal legal advice and/or representation regarding this problem.

A number of AAHOA & CH&LA members have recently received "demand letters" from Jonathan Asselin-Normand (JAN) about alleged violations of California law regarding renting to minors. JAN has made claims like this against hundreds of lodging establishments in California over several years.

His usual approach is to send demand letters to hotels and to make lodging operators fearful enough so that they send him money to make the threat of a lawsuit "go away." JAN has in fact filed lawsuits against hotels that did not send him money for his frivolous claims. There have been a number of court rulings that have rejected his legal claims.

The latest round of his demand letters threaten that JAN would file a lawsuit against the hotels unless they paid him $3,000 by last Friday (1/20).

Working on behalf of our members, AAHOA & CH&LA have done a great deal of research and analysis investigating this latest JAN blitz of claims and to the extent, if any, to which his allegations have any legal merit. AAHOA & CH&LA want you to be aware of the following encouraging information:

1. CH&LA has retained attorney Marty Orlick of Jeffers, Mangels, Butler & Mitchell, LLP (JMBM) to advise CH&LA how it can best assist its members in dealing with JAN.

2. JMBM got JAN to agree to a two-week extension (i.e., to February 3) for hotels to respond to his demand letters. Specifically, JAN confirmed that during that time that he "will not file a claim against [any hotel JMBM represents] or may represent." Hence, members who have received demand letters should not be required to take any action before February 3.

3. AAHOA & CH&LA have carefully analyzed each of the alleged "causes of action" in JAN’s complaint – (a) violation of the Unruh Civil Rights Act, (b) violation of the Unfair Competition Law, (c) violation of the Right to Safety in the California Constitution, (d) breach of the common-law duty of innkeepers to accommodate individuals, and (e) negligence – and it is our conclusion, as well as the conclusion of JMBM, that none of his claims have any legal merit whatsoever. In other words, any hotel that JAN might sue should have absolutely no legal liability.

4. CH&LA and its attorneys are investigating ways to stop JAN’s activities once and for all.

5. It might be possible for hotels that have paid JAN money after receiving a demand letter threatening litigation to recover the money they paid him. CH&LA's attorneys are looking into this possibility, as well as a number of other claims that AAHOA & CH&LA and/or their members might be able to pursue against JAN.

What AAHOA & CH&LA Need Our Members to Do:

1. Please notify AAHOA and/or CH&LA immediately if you received a demand letter from JAN.

2. Please notify AAHOA and/or CH&LA immediately if you actually paid him money to "make him go away." AAHOA & CH&LA have been advised that those hotels might be able to recover the money they paid him.

3. Please notify AAHOA and/or CH&LA immediately if your hotel has been sued at any time by JAN.

AAHOA & CH&LA will continue to keep our members informed. If you have questions, feel free to contact Jim Abrams, CH&LA’s Member Legal Advisor, at jim@calodging.com.