File #: 18-139    Version: 1
Type: Form Proposal Status: Passed
File created: 8/8/2018 In control: Judicial Council
On agenda: 9/21/2018 Final action: 9/21/2018
Title: Rules and Forms: Civil Form for Gender Discrimination Notice (Action Required)
Attachments: 1. 20180921-18-139

Title

Title

Rules and Forms: Civil Form for Gender Discrimination Notice (Action Required)

 

body

Summary

Summary

The Civil and Small Claims Advisory Committee proposes adopting a new form to comply with legislation requiring the Judicial Council to adopt, no later than January 1, 2019, a written advisory notice to be used by a plaintiff’s attorney with each demand letter or complaint alleging gender discrimination in pricing. Assembly Bill 1615 (Stats. 2017, ch. 156) added the Small Business Gender Discrimination in Services Compliance Act to division 1 of the Civil Code. It defines a “gender discrimination in pricing services claim” as a civil claim based on an alleged price difference in similar services charged to a person because of the person’s gender. Among its provisions is Civil Code section 55.62, which requires the Judicial Council to adopt a written advisory notice to be used by a plaintiff’s attorney to comply with that statute’s provisions, including the requirement that a notice accompany each demand letter or complaint. The text of the notice is set out in Civil Code section 55.62(c).

 

body

Recommendation

Recommendation

The Civil and Small Claims Advisory Committee recommends that the Judicial Council, effective January 1, 2019, adopt Advisory Notice to Defendant (form GDC-001), which, under statute, is a written advisory notice to be used by a plaintiff’s attorney when making a claim for gender discrimination in pricing.