DAL-010 Notice of Stay of Proceedings and Early Evaluation Conference

CASE NUMBER:
NOTICE OF STAY OF PROCEEDINGS AND EARLY EVALUATION CONFERENCE
(DISABILITY ACCESS LITIGATION)
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
ATTORNEY FOR (Name):
BRANCH NAME:
PLAINTIFF:
DEFENDANT:
NOTICE OF STAY OF PROCEEDINGS AND
EARLY EVALUATION CONFERENCE
(Disability Access Litigation)
Stay of Proceeding
1.
This action includes a construction-related accessibility claim under Civil Code Sectio n 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 evaluati on conference is scheduled as follows:
Date:
a.
b.
The conference will be held at
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 parti cipation by a telephone appearance or other alternate means or through the personal
appearance of an authorized representative.
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For a period of 90 days from the date of the filing of this court notice, unless otherwise ordered by the court, the parties ar e 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 inj unctive relief
which is still in place.
Notice of Early Evaluation Conference
Time:
Dept.:
Room:
the court address shown above
at the following address:
5.
The defendant who requested the conference and stay of proceedings must serve on all parties and file with the court the following:
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).)
Civil Code, § 55.54
DAL-010
Form Adopted for Mandatory Use
Judicial Council of California
DAL-010 [Re v. Jul y 1, 20 13 ]
(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. Defendant must serve and file the report 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).
a.
(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. Defendant must serve and
file the evidence within 10 days following completion of the corrections.
b.
(For a defendant applying under Small Business section) Evidence, if not previously served and filed, showing the correction
within 30 days of the service of the complaint of all violations giving rise to the construction-related accessibility claims.
Defendant must serve and file the evidence within 10 days of issuance of this order.
c.
www.courts.ca.gov
TELEPHONE NO.:
E-MAIL ADDRESS :
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
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