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Defendants Application For Stay And Early Evaluation Conference DAL-005 - California
| Defendants Application For Stay And Early Evaluation Conference Form. This is a California form and can be used in Disability Access Litigation Judicial Council . |
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DAL-005 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number if attorney, and address): FOR COURT USE ONLY TELEPHONE NO.: E-MAIL ADDRESS : ATTORNEY FOR (Name): FAX NO.: SUPERIOR COURT OF CALIFORNIA, COUNTY OF STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: BRANCH NAME: PLAINTIFF: DEFENDANT: CASE NUMBER: DEFENDANT'S APPLICATION FOR STAY AND EARLY EVALUATION CONFERENCE PURSUANT TO CIVIL CODE SECTION 55.54 (Information about this application and filing instructions may be obtained at www.courts.ca.gov/selfhelp.htm) 1. Defendant (name): evaluation conference pursuant to Civil Code section 55.54. requests a stay of proceedings and early 2. The complaint in this case alleges a construction-related accessibility claim as defined under Civil Code section 55.52(a)(1). 3. The claim concerns a site that meets one of the following sets of requirements ( All items in one of a, b, or c must be checked for the court to order a stay and early evaluation conference. Check a box if the statement is true.) a. i. CASp-Inspected Site Site has been inspected by a Certified Access Specialist (CASp) and determined to be CASp inspected or CASp determination pending and, if CASp inspected, there have been no modifications completed or commenced since the date of inspection that may impact compliance with construction-related accessibility standards to the best of defendant's knowledge; and An inspection report by a Certified Access Specialist (CASp) relating to the site has been issued. New Construction i. ii. Site has had new construction or improvements on or after January 1, 2008, approved pursuant to the local building permit and inspection process; To the best of defendant's knowledge, there have been no modifications or alterations completed or commenced since that approval that impacted compliance with construction-related accessibility standards with respect to the plaintiff's claim; and All violations have been corrected, or will be corrected within 60 days of defendant's being served with the complaint. Small Business i. ii. iii. Site is owned or occupied by a defendant that is a small business that has employed an average of 25 or fewer employees over the past three years and meets the gross receipts eligibility criteria provided in Civil Code, § 55.56(2)(f); All violations have been corrected, or will be corrected within 30 days of being served with the complaint; and Evidence showing that all violations have been corrected (check one) within 10 days of the court order setting an early evaluation conference. is attached will be filed with the court ii. b. iii. c. iv. I am filing the following with the court along with this application: (The documents should be filed separately attached to a Confidential Cover Sheet and Declaration (form DAL-006).) Proof of the number of defendant's employees as shown by wage reports forms filed with the Employment Development Department over the past three years or for existence of the business if less than three years. Proof of defendant's average gross receipts as shown by federal or state tax documents for the three years before this application or for existence of the business if less than three years. Page 1 of 2 Form Adopted for Mandatory Use Judicial Council of California DAL-005 [New January 1, 2013] DEFENDANT'S APPLICATION FOR STAY OF PROCEEDINGS AND EARLY EVALUATION CONFERENCE (Disability Access Litigation) Civil Code, § 55.54 www.courts.ca.gov American LegalNet, Inc. www.FormsWorkFlow.com DAL-005 PLAINTIFF: DEFENDANT: CASE NUMBER: 4. Defendant requests that the court: a. Stay the proceedings relating to the construction-related accessibility claim. b. Schedule an early evaluation conference. c. Order defendant to: i. File a confidential copy of the Certified Access Specialist (CASp) report with the court and serve a copy of the report on the plaintiff at least 15 days before the date of the early evaluation conference, which shall be kept confidential as set forth in Civil Code section 55.54(d)(4); or ii. File with the court and serve on plaintiff evidence showing correction of all violations within 10 days of completion of the correction or, if seeking relief as a small business, within 10 days after issuance of a court order granting a stay. d. Order plaintiff to file with the court and serve on defendants the statement required by Civil Code section 55.54(d)(6) at least 15 days before the date of the early evaluation conference. Date: (TYPE OR PRINT NAME) (SIGNATURE OF ATTORNEY OR PARTY WITHOUT ATTORNEY) DECLARATION OF DEFENDANT I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: (TYPE OR PRINT NAME OF DECLARANT) (SIGNATURE OF DECLARANT) DAL-005 [New January 1, 2013] DEFENDANT'S APPLICATION FOR STAY OF PROCEEDINGS AND EARLY EVALUATION CONFERENCE (Disability Access Litigation) Page 2 of 2
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