DEFENDANT'S APPLICATION FOR STAY OF PROCEEDINGS
AND EARLY EVALUATION CONFERENCE, JOINT INSPECTION
(Disability Access Litigation)
(Information about this application and filing instructions may be obtained at www.courts.ca.gov/selfhelp.htm.)
requests a stay of proceedings and early
evaluation conference pursuant to Civil Code section 55.54.
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 meets one of the following sets of requirements (All items in one of a, b, c, or d must be checked for
the court to order a stay and early evaluation conference. Check a box if the statement is true.)
(1)
(2)
An inspection report by a Certified Access Specialist (CASp) relating to the site has been issued.
a.
Site has had new construction or improvements on or after January 1, 2008, approved pursuant to the local building
permit and inspection process;
(1)
(2)
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
(3)
All violations have been corrected, or will be corrected within 60 days of defendant's being served with the complaint.
b.
New Construction
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
section 55.56(2)(f);
(1)
(2) All violations have been corrected, or will be corrected within 30 days of being served with the complaint; and
c.
(3)
Evidence showing that all violations have been corrected (check one)
within 10 days of the court order setting an early evaluation conference.
(4)
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 (form 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; and
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.
Small Business
is attached will be filed with the court
1.
Defendant (name):
2.
3.
CASp-Inspected Site
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
Civil Code, § 55.54
www.courts.ca.gov
Form Adopted for Mandatory Use
Judicial Council of California
DAL-005 [Rev. July 1, 2016]
Page 1 of 2
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
BRANCH NAME:
CITY AND ZIP CODE:
STREET ADDRESS:
MAILING ADDRESS:
PLAINTIFF:
DEFENDANT:
FOR COURT USE ONLY
CASE NUMBER:
DEFENDANT'S APPLICATION PURSUANT TO CIVIL CODE SECTION 55.54
FOR
STAY AND EARLY EVALUATION CONFERENCE
JOINT
DAL-005
ATTORNEY OR PARTY WITHOUT ATTORNEY:
STATE: ZIP CODE:CITY:
STREET ADDRESS:
FIRM NAME:
NAME:
STATE BAR NO.:
TELEPHONE NO.: FAX NO.:
E-MAIL ADDRESS:
ATTORNEY FOR (name):
INSPECTION
