DAL-005 - Defendant's Application for Stay of Proceedings and Early Evaluation Conference, Joint Inspection

Summary

Defendant's Application for Stay of Proceedings and Early Evaluation Conference, Joint Inspection

Text

Form ID: DAL-005
Title: Defendant's Application for Stay of Proceedings and Early Evaluation Conference, Joint Inspection
Effective Date: 2016-07-01
Mandatory Form: yes
Info Page: https://selfhelp.courts.ca.gov/jcc-form/DAL-005
Primary Download URL: https://www.courts.ca.gov/documents/dal005.pdf
Form Detail Page:
Defendant's Application for Stay of Proceedings and Early Evaluation Conference, Joint Inspection
(DAL-005)
Ask the court to put a hold on (stay) court proceedings about whether a building that you own or in which you are a tenant meets requirements for access of disabled persons and order the parties to participate in an early evaluation conference. Can also ask the court to order a joint inspection of the building.
Get form DAL-005
Effective: July 1, 2016
PDF Text:
Form Adopted for Mandatory Use 
Judicial Council of California 
DAL-005 [Rev. July 1, 2016]
DEFENDANT'S APPLICATION FOR STAY OF PROCEEDINGS 
AND EARLY EVALUATION CONFERENCE, JOINT INSPECTION 
(Disability Access Litigation)
Civil Code, § 55.54 
www.courts.ca.gov
DAL-005
FOR COURT USE ONLY
CASE NUMBER:
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):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
PLAINTIFF:
DEFENDANT:
DEFENDANT'S APPLICATION PURSUANT TO CIVIL CODE SECTION 55.54 
FOR STAY AND EARLY EVALUATION CONFERENCE JOINT
INSPECTION
(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, 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.)
a. CASp-Inspected Site
(1) 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
(2) An inspection report by a Certified Access Specialist (CASp) relating to the site has been issued.
b. New Construction
(1) Site has had new construction or improvements on or after January 1, 2008, approved pursuant to the local building  
permit and inspection process; 
(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.
c. Small Business
(1) 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); 
(2) All violations have been corrected, or will be corrected within 30 days of being served with the complaint; and
(3) Evidence showing that all violations have been corrected (check one) 
within 10 days of the court order setting an early evaluation conference. 
is attached will be filed with the court
(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.
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DEFENDANT'S APPLICATION FOR STAY OF PROCEEDINGS 
AND EARLY EVALUATION CONFERENCE, JOINT INSPECTION 
(Disability Access Litigation)
 DAL-005 [Rev. July 1, 2016]
DAL-005
CASE NUMBER:
DEFENDANT:
PLAINTIFF:
3. d. Case Filed by High-Frequency Litigant
(1) Site is owned or occupied by a defendant that is a business.
(2) The complaint was filed by, or on behalf of, a "high-frequency litigant," as defined in Code of Civil Procedure section 
425.55(b), asserting a construction-related accessibility claim including, but not limited to, a claim brought under Civil 
Code section 51, 54, 54.1, or 55.
(3) The complaint includes a statement that it was filed by or on behalf of a high-frequency litigant, or a statement in the 
caption that "action subject to the supplemental fee in Government Code section 70616.5."
4. Defendant requests that the court:
a. Stay the proceedings relating to the construction-related accessibility claim.
b. Schedule an early evaluation conference.
c. Order defendant to: 
(1) File a confidential copy of the Certified Access Specialist (CASp) report with the court and serve a copy of the report on the  
plaintiff at least 15 days before the date of the early evaluation conference, which shall be kept confidential as set forth in  
Civil Code section 55.54(d)(4); or 
(2) File with the court and serve on plaintiff evidence showing correction of all violations within 10 days of completion of the  
correction or, if seeking relief as a small business, within 10 days after issuance of a court order granting a stay.
d. Order plaintiff to file with the court and serve on defendants the statement required by Civil Code section 55.54(d)(6) at least 15 
days before the date of the early evaluation conference. 
e. Order plaintiff and plaintiff's counsel, if any, to meet in person with defendant within 30 days, at the site that is the subject 
of this action, for a joint inspection to review any issues that plaintiff claims are a violation of construction-related 
accessibility standards.
Date:
(TYPE OR PRINT NAME OF DECLARANT)
 (SIGNATURE OF DECLARANT)
DECLARATION OF DEFENDANT
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. 
Date:
(TYPE OR PRINT NAME OF DECLARANT)
 (SIGNATURE OF DECLARANT)
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Retrieval chunks

• #1

  Form ID: DAL-005 Title: Defendant's Application for Stay of Proceedings and Early Evaluation Conference, Joint Inspection Effective Date: 2016-07-01 Mandatory Form: yes Info Page: https://selfhelp.courts.ca.gov/jcc-form/DAL-005 Primary Download URL: https://www.courts.ca.gov/documents/dal005.pdf Form Detail Page…

• #2

  date of inspection that may impact compliance with construction-related accessibility standards to the best of defendant's knowledge; and (2) An inspection report by a Certified Access Specialist (CASp) relating to the site has been issued. b. New Construction (1) Site has had new construction or improvements on o…

• #3

  (2) The complaint was filed by, or on behalf of, a "high-frequency litigant," as defined in Code of Civil Procedure section 425.55(b), asserting a construction-related accessibility claim including, but not limited to, a claim brought under Civil Code section 51, 54, 54.1, or 55. (3) The complaint includes a statem…