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File #: 15-438    Version: 1
Type: Other Proposal Status: Passed
File created: 11/6/2015 In control: Judicial Council
On agenda: 12/11/2015 Final action: 12/11/2015
Title: Civil Forms: Disability Access Litigation (Action Required)
Attachments: 1. 15-438

Title

Title

Civil Forms: Disability Access Litigation (Action Required)

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Summary

Summary

The Civil and Small Claims Advisory Committee recommends that the Judicial Council revise the statutorily mandated Disability Access Litigation forms used for parties to apply for and the court to grant stays and mandatory evaluation conferences in construction-related accessibility claims, and the related proof of service form. The forms must be changed to reflect the amendments to the Civil Code made by Assembly Bill 1521 (Assembly Judiciary Committee; Stats. 2015, ch.755), enacted on October 10, 2015, as urgency legislation (and thus operative on enactment) to add a new category of defendants that may request a stay and early evaluation and another procedure that may be requested at the same time. The proof of service form for construction-related accessibility claims should be revised to reflect the new names of the forms used to apply for and grant stays and mandatory evaluation conferences.

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Recommendation

Recommendation

The Civil and Small Claims Advisory Committee recommends that that the Judicial Council revise Defendant’s Application for Stay and Early Evaluation Conference Pursuant to Civil Code Section 55.54 (form DAL-005), and Notice of Stay of Proceedings and Early Evaluation Conference (form DAL-010), and Proof of Service-Disability Access Litigation (form DAL- 012). The Civil and Small Claims Advisory committee will recommend to the Rules and Projects Committee that the revised forms be circulated for comment during the winter 2016 comment cycle.

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