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Notice Of Stay Of Proceedings And Early Evaluation Conference DAL-010 - California
| Notice Of Stay Of Proceedings 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-010 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: NOTICE OF STAY OF PROCEEDINGS AND EARLY EVALUATION CONFERENCE (CONSTRUCTION-RELATED ACCESSIBILITY CLAIM) Stay of Proceeding For a period of 90 days from the date of the filing of this court notice, unless otherwise ordered by the court, the parties are stayed from taking any further action relating to the construction-related accessibility claim or claims in this case. This stay does not apply to any construction-related accessibility claim in which the plaintiff has obtained temporary injunctive relief which is still in place. Notice of Early Evaluation Conference 1. This action includes a construction-related accessibility claim under Civil Code Section 55.52(a)(1) or other provision of law. 2. A defendant has requested an early evaluation conference and a stay of proceedings under Civil Code Section 55.54. 3. The early evaluation conference is scheduled as follows: a. Date: b. The conference will be held at Time: Dept.: the court address shown above Room: at the following address: 4. The plaintiff and defendant must attend with any other person needed for settlement of the case unless, with court approval, a party's disability requires the party's participation by a telephone appearance or other alternate means or through the personal appearance of an authorized representative. 5. The defendant that requested the conference and stay of proceedings must file with the court and serve on all parties a. (For a defendant applying under CASp-Inspected Site section) A copy of the CASp report for the site that is the subject of the construction-related accessibility claim at least 15 days before the date set for the early evaluation conference. The CASp report is confidential and only available as set forth below and in Civil Code Section 55.54(d)(4). b. (For a defendant applying under New Construction section) Evidence showing the correction of all violations giving rise to the construction-related accessibility claim within 60 days of the service of the complaint. The evidence must be filed and served on all other parties within 10 days following completion of the corrections. c. (For a defendant applying under Small Business section) Evidence if not previously filed and served showing the correction, within 30 days of the service of the complaint, of all violations giving rise to the construction-related accessibility claims. The evidence must be filed and served on all other parties within 10 days of issuance of this order. 6. The CASp report must be marked "CONFIDENTIAL" and may be disclosed only to the court, the parties to the action, the parties' attorneys, those individuals employed or retained by the attorneys to assist in the litigation, and insurance representatives or others involved in the evaluation and settlement of the case. (File the court's copy attached to Confidential Cover Sheet and Declaration (form DAL-006)). Page 1 of 2 Form Adopted for Mandatory Use Judicial Council of California DAL-010 [New January 1, 2013] NOTICE OF STAY OF PROCEEDINGS AND EARLY EVALUATION CONFERENCE (Disability Access Litigation) Civil Code ยง 55.54 www.courts.ca.gov American LegalNet, Inc. www.FormsWorkFlow.com DAL-010 PLAINTIFF: DEFENDANT: CASE NUMBER: 7. The plaintiff must file with the court and serve on all parties at least 15 days before the date set for the early evaluation conference a statement of, to the extent known, all of the following: a. An itemized list of specific issues on the subject premises that are the basis of the claimed construction-related accessibility violations in the plaintiff's complaint; b. The amount of damages claimed; c. The amount of attorney's fees and costs incurred to date, if any, that are being claimed; and d. Any demand for settlement of the case in its entirety. 8. A copy of this notice and defendant's application must be served on the plaintiff by hand-delivering it or mailing it to the address listed on the complaint of plaintiff's attorney or plaintiff if without an attorney, within 5 court days of date that the court issues the Notice of Stay of Proceedings and Early Evaluation Conference. Defendant may file Proof of Service--Disability Access Litigation (form DAL-012) with the court to show service of the documents. Date: Clerk, by , Deputy More information about this Notice and Order and the defendant's application, and instructions to assist plaintiff and defendants in complying with this Notice and Order, may be obtained at www.courts.ca.gov/selfhelp. Request for Accommodation Assistive listening systems, computer-assisted real-time captioning, or sign language interpreter services are available if you ask at least 5 days before the date on which you are to appear. Contact the clerk's office or go to http://www.courts.ca.gov/forms.htm for Request for Accommodations by Persons with Disabilities and Order (form MC-410). (Civil Code section 54.8.) DAL-010 [New January 1, 2013] NOTICE OF STAY OF PROCEEDINGS AND EARLY EVALUATION CONFERENCE (Disability Access Litigation) Page 2 of 2
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