DAL-005 Defendant's Application for Stay and Early Evaluation Conference Pursuant
CASE NUMBER:
DEFENDANT'S APPLICATION FOR STAY AND EARLY EVALUATION
CONFERENCE PURSUANT TO CIVIL CODE SECTION 55.54
FOR COURT USE ONLY
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number if attorney, and address):
FAX NO.:
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
PLAINTIFF:
DEFENDANT:
DEFENDANT’S APPLICATION FOR STAY OF PROCEEDINGS
AND EARLY EVALUATION CONFERENCE
(Disability Access Litigation)
(Information about this application and filing instructions may be obtained at www.courts.ca.gov/selfhelp.htm)
1.
Defendant (name):
requests a stay of proceedings and early
evaluation conference pursuant to Civil Code section 55.54.
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.)
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
i.
ii.
An inspection report by a Certified Access Specialist (CASp) relating to the site has been issued.
Civil Code, § 55.54
DAL-005
a.
Site has had new construction or improvements on or after January 1, 2008, approved pursuant to the local building
permit and inspection process;
i.
ii.
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
b.
iii.
All violations have been corrected, or will be corrected within 60 days of defendant’s being served with the complaint.
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);
i.
ii.
All violations have been corrected, or will be corrected within 30 days of being serve d with the complaint; and
c.
iii.
Evidence showing that all violations have been corrected (ch eck one) is attached will be filed with the court
within 10 days of the court order setting an early evaluation conference.
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 (fo rm 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.
Form Adopted for Ma nd a tor y U se
Judicial Council of California
DAL-005 [New Ja nuary 1, 2013]
Page 1 of 2
CASp-Inspected Site
New Constructi on
Small Business
www.courts.ca.gov
ATTORNEY FOR (Name):
TELEPHONE NO.:
E-MAIL ADDRESS :
BRANCH N AM E:
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
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