DAL-010 - Notice of Stay of Proceedings and Early Evaluation Conference, Joint Inspection

Summary

Notice of Stay of Proceedings and Early Evaluation Conference, Joint Inspection

Text

Form ID: DAL-010
Title: Notice of 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-010
Primary Download URL: https://www.courts.ca.gov/documents/dal010.pdf
Form Detail Page:
Notice of Stay of Proceedings and Early Evaluation Conference, Joint Inspection
(DAL-010)
In a case about whether a building meets requirements for access of disabled persons, gives notice to the parties that the court has put the court proceedings on hold, ordered the parties to participate in an early evaluation conference, or ordered a joint inspection of the building.
Get form DAL-010
Effective: July 1, 2016
PDF Text:
Form Adopted for Mandatory Use 
Judicial Council of California 
DAL-010 [Rev. July 1, 2016]
NOTICE OF STAY OF PROCEEDINGS AND EARLY 
EVALUATION CONFERENCE, JOINT INSPECTION 
(Disability Access Litigation)
Civil Code, § 55.54 
www.courts.ca.gov
DAL-010
FOR COURT USE ONLY
CASE NUMBER:
ATTORNEY (Name, State Bar number, and address): STATE BAR NO.:
NAME:
FIRM NAME:
STREET ADDRESS:
CITY: STATE: ZIP CODE:
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:
NOTICE OF STAY OF PROCEEDINGS AND EARLY EVALUATION
CONFERENCE JOINT INSPECTION (Disability Access Litigation)
Stay of Proceedings
For a period of 90 days from the date of the filing of this court notice, unless otherwise ordered by the court, the parties are 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 injunctive relief  
which is still in place.
1. This action includes a construction-related accessibility claim under Civil Code section 55.52(a)(1) or other provision of law.
Notice of Early Evaluation Conference
2. A defendant has requested an early evaluation conference and a stay of proceedings under Civil Code section 55.54.
3. The early evaluation conference is scheduled as follows:
a. Date: Time: Dept.: Room:
b. The conference will be held at the court address shown above the following address:
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 participation by a telephone appearance or other alternate means or through the personal 
appearance of an authorized representative.
5. The defendant who requested the conference and stay of proceedings must serve on all parties and file with the court the following:
a. (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).
b. (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.
c. (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. 
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).)
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DAL-010 [Rev. July 1, 2016] NOTICE OF STAY OF PROCEEDINGS AND EARLY 
EVALUATION CONFERENCE, JOINT INSPECTION 
(Disability Access Litigation)
DAL-010
CASE NUMBER:PLAINTIFF:
DEFENDANT:
a. An itemized list of specific issues on the subject premises that are the basis of the claimed construction-related accessibility  
violations in the plaintiff's complaint;
b. The amount of damages claimed;
c. The amount of attorney's fees and costs incurred to date, if any, that are being claimed; and
d. Any demand for settlement of the case in its entirety. 
The plaintiff must at least 15 days before the date set for the early evaluation conference serve and file a statement of, to the extent 
known, all of the following:
7.
Notice of Joint Inspection 
(only applies if boxes are checked)
8. A defendant has requested a meeting with plaintiff to jointly inspect the site that is the subject of the construction-related 
accessibility claim.
9. Plaintiff and plaintiff's counsel, if any, must, within 30 days of the date this notice is issued, meet in person with defendant at 
the site to jointly inspect the premises and review any programmatic or policy issues that are claimed to constitute a violation 
of a construction-related accessibility standard. (See Civ. Code, § 55.54(d)(6).)
10. If plaintiff is unable to meet in person at the site, he or she may move the court or apply for leave to be excused or to appear 
telephonically or by other means. (See Civ. Code, § 55.54(d)(6).)
Service of Notice
11. A copy of this notice and defendant's application must be served on the plaintiff by hand-delivering it or mailing it to the address  
listed on the complaint of plaintiff's attorney or plaintiff, if without an attorney, within 10 days of date that the court issues the Notice 
of Stay of Proceedings and Early Evaluation Conference, Joint Inspection. Defendant must file proof of service with the court at 
least 15 days before the date of the conference. Proof of Service–Disability Access Litigation (form DAL-012) may be used to show 
service of the documents.
Date: Clerk, by , Deputy
More information about this Notice and Order and the defendant's application, and instructions to assist 
plaintiff and defendants in complying with this Notice and Order, may be obtained at www.courts.ca.gov/selfhelp.
Request for Accommodation
Assistive listening systems, computer-assisted real-time captioning, or sign language interpreter services are available 
if you ask at least 5 days before the date on which you are to appear. Contact the clerk's office or go to  
www.courts.ca.gov/forms for Request for Accommodations by Persons with Disabilities and Response (form MC-410). 
(Civ. Code, § 54.8.)
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Retrieval chunks

• #1

  Form ID: DAL-010 Title: Notice of 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-010 Primary Download URL: https://www.courts.ca.gov/documents/dal010.pdf Form Detail Page: Notice of Stay …

• #2

  party's disability requires the party's participation by a telephone appearance or other alternate means or through the personal appearance of an authorized representative. 5. The defendant who requested the conference and stay of proceedings must serve on all parties and file with the court the following: a. (For …

• #3

  The plaintiff must at least 15 days before the date set for the early evaluation conference serve and file a statement of, to the extent known, all of the following: 7. Notice of Joint Inspection (only applies if boxes are checked) 8. A defendant has requested a meeting with plaintiff to jointly inspect the site …