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Defendants Application For Stay Of Proceedings And Early Evaluation Conference CIV-367 - California
| Defendants Application For Stay Of Proceedings And Early Evaluation Conference Form. This is a California form and can be used in Civil San Diego Local County . |
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ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY TELEPHONE NO.: E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name): FAX NO.(Optional): SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN DIEGO CENTRAL DIVISION, HALL OF JUSTICE, 330 W. BROADWAY, SAN DIEGO, CA 92101 EAST COUNTY DIVISION, 250 E. MAIN ST., EL CAJON, CA 92020 EAST COUNTY DIVISION, RAMONA, 1428 MONTECITO RD., RAMONA, CA 92065 NORTH COUNTY DIVISION, 325 S. MELROSE DR., VISTA, CA 92081 SOUTH COUNTY DIVISION, 500 3RD AVE., CHULA VISTA, CA 91910 PLAINTIFF DEFENDANT JUDGE/DEPT CASE NUMBER DEFENDANT'S APPLICATION FOR STAY AND EARLY EVALUATION CONFERENCE PURSUANT TO CIVIL CODE SECTION 55.54 (Construction-Related Accessibility Claim) (Information about this application and the filing instructions may be obtained at www.courtinfo.ca.gov/selfhelp.) 1. Defendant (name) and early evaluation conference pursuant to Civil Code Section 55.54. 2. 3. The complaint in this case alleges a construction-related accessibility claim as defined under Civil Code Section 55.52(a)(1). The claim concerns a site that (check the box if the statement is true): a. 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. requests a stay of proceeding b. (Both (a) and (b) must be met for the court to order a Stay and Early Evaluation Conference.) 4. I am requesting the court to: a. Stay the proceedings relating to the construction-related accessibility claim. b. Schedule an Early Evaluation Conference. c. Order Defendant to 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 fifteen (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). d. Order Plaintiff to file the statement required by Civil Code Section 55.54(d)(6)(A)-(D) with the court and serve a copy of the statement on the Defendant at least fifteen (15) days before the date of the Early Evaluation Conference. 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) (TITLE OF DECLARANT) SDSC CIV-367 (New 3/10) DEFENDANT'S APPLICATION FOR STAY OF PROCEEDINGS AND EARLY EVALUATION CONFERENCE Civil Code ยง 55.54 American LegalNet, Inc. www.FormsWorkFlow.com
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