Amended in Senate September 4, 2015

Amended in Senate September 3, 2015

Amended in Senate August 17, 2015

Amended in Senate July 16, 2015

Amended in Senate July 2, 2015

Amended in Assembly May 21, 2015

Amended in Assembly May 6, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 1521

Introduced by Committee on Judiciary (Assembly Members Mark Stone (Chair), Chau, Chiu, Cristina Garcia, and Holden)

March 10, 2015

An act to amend Sections 55.3, 55.32, and 55.54 of the Civil Code, to amend Section 425.50 of, and to add Section 425.55 to, the Code of Civil Procedure, and to add Sections 68085.35 and 70616.5 to the Government Code, relating to disability access, and declaring the urgency thereof, to take effect immediately.

LEGISLATIVE COUNSEL’S DIGEST

AB 1521, as amended, Committee on Judiciary. Disability access: construction-related accessibility claims.

Existing law provides that individuals with disabilities or medical conditions have the same right as the general public to the full and free use of the streets, highways, sidewalks, walkways, public buildings, medical facilities, public facilities, and other public places, and allows a person who is aggrieved or potentially aggrieved by a violation of specific provisions of law to bring an action to enjoin the violation. Existing law requires an attorney to provide a written advisory with each demand letter or complaint, as defined, sent to or served upon a defendant or potential defendant for any construction-related accessibility claim, as specified.

This bill would require the above-described advisory to include additional information regarding the rights and obligations of business owners and commercial tenants, as specified. In addition to the written advisory, the bill would require an attorney to provide a defendant or potential defendant of a construction-related accessibility claim with a verified answer form developed by the Judicial Council, which would allow a defendant to respond in the event a complaint is filed, as specified. The bill would, on or before July 1, 2016, require the Judicial Council to update the advisory form and adopt the answer form, as specified.

Existing law requires a demand letter alleging a violation of a construction-related accessibility standard or asserting a construction-related accessibility claim to include specified information and, among other things, until January 1, 2016, requires an attorney who provides a demand letter to send a copy of the demand letter to the State Bar of California.

This bill would extend that requirement until January 1, 2019.

Existing law requires an attorney who sends or serves a complaint on the basis of a construction-related accessibility claim to also send a copy of the complaint to the California Commission on Disability Access.

This bill would additionally require the attorney to notify the commission within 5 business days of judgment, settlement, or dismissal of the claim or claims alleged in the complaint of specified information, including, among others, whether or not the construction-related accessibility violations alleged in the complaint were remedied in whole or in part after the plaintiff filed a complaint or provided a demand letter.

Existing law requires every pleading, petition, or other similar paper to be signed by an attorney, or the party in cases where the party is not represented by counsel, as specified. Existing law further provides that an attorney or unrepresented party who presents a pleading, petition, or other similar paper to the court is certifying that specified conditions have been met, including, but not limited to, that the action is not being presented primarily for an improper purpose, such as to harass or to cause unnecessary delay.

This bill would specify that those requirements and provisions apply to a complaint alleging a construction-related accessibility claim.

Existing law authorizes a defendant to file a request for a court stay and an early evaluation conference in the proceedings under certain circumstances, and tolls the period for responsive pleadings.

This bill would specify that these provisions also apply if a defendant is a business that has been served with a complaint filed by a high-frequency litigant, as defined, or is a business requesting an early evaluation conference.

Existing law, upon the filing of an application for a court stay and an early evaluation conference by a defendant, requires the court to immediately issue an order that does certain things, including, but not limited to, scheduling a mandatory early evaluation conference for a date as soon as possible from the date of the order, but in no event later than 70 days after the issuance of the order.

This bill would, if requested by the defendant, additionally require the court order to direct the parties and their counsel to meet at the premises, or other place as specified, no later than 30 days after issuance of the court order, 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. The bill would authorize the court to allow a plaintiff who is unable to meet in person at the premises to be excused from participation, or participate by alternative means, for good cause and would provide that a plaintiff or plaintiff’s counsel is not required to attend more than one in-person site meeting.

Existing law requires a complaint alleging a construction-related accessibility claim to be verified by the plaintiff or be subject to a motion to strike, and further requires that an allegation of a construction-related accessibility claim in a complaint state facts sufficient to allow a reasonable person to identify the basis of the violation, including, but not limited to, a plain language explanation of the specific access barrier or barriers the individual encountered, or by which the individual alleges he or she was deterred.

This bill would, for cases filed by or on behalf of a high-frequency litigant, require the complaint to also state whether the complaint is filed by, or on behalf of, a high-frequency litigant, the number of complaints alleging a construction-related accessibility claim that the high-frequency litigant has filed during the 12 months prior to filing the complaint, and the reason why the individual visited the place of public accommodation. By expanding the definition of the crime of perjury, this bill would impose a state-mandated local program.

Existing law imposes a supplemental fee for filing first papers in certain civil proceedings, including, but not limited to, certain complex cases.

This bill would, in addition to the first paper filing fee, require payment of a single high-frequency litigant fee of $1,000, at the time of the filing of the first paper if the complaint alleges a construction-related accessibility claim and the plaintiff is a high-frequency litigant, and would make conforming changes related to the distribution of those fees.

Existing constitutional provisions require a statute that limits the right of public access to meeting or writings of public officials to be adopted with findings demonstrating the interest to be protected by that limitation and the need to protect that interest.

This bill would declare that it includes limitations on access, that the interests to be protected are the privacy rights of the litigants, and that the need to protect those interests is to prevent a chilling effect on litigation.

begin insert

This bill would also make other conforming changes.

end insert

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

This bill would declare that it is to take effect immediately as an urgency statute.

Vote: ²⁄₃. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

SECTION 1.  

Section 55.3 of the Civil Code is amended to
read:

55.3.  

(a) For purposes of this section, the following apply:

(1) “Complaint” means a civil complaint that is filed or is to be
filed with a court and is sent to or served upon a defendant on the
basis of one or more construction-related accessibility claims, as
defined in this section.

(2) “Construction-related accessibility claim” means any claim
of a violation of any construction-related accessibility standard,
as defined by paragraph (6) of subdivision (a) of Section 55.52,
with respect to a place of public accommodation.
“Construction-related accessibility claim” does not include a claim
of interference with housing within the meaning of paragraph (2)
of subdivision (b) of Section 54.1, or any claim of interference
caused by something other than the construction-related
accessibility condition of the property, including, but not limited
to, the conduct of any person.

(3) “Demand for money” means a prelitigation written document
or oral statement that is provided or issued to a building owner or
tenant, or the owner’s or tenant’s agent or employee, that does all
of the following:

(A) Alleges that the site is in violation of one or more
construction-related accessibility standards, as defined in paragraph
(6) of subdivision (a) of Section 55.52, or alleges one or more
construction-related accessibility claims, as defined in paragraph
(2).

(B) Contains or makes a request or demand for money or an
offer or agreement to accept money.

(C) Is provided or issued whether or not the attorney intends to
file a complaint, or eventually files a complaint, in state or federal
court.

(4) “Demand letter” means a prelitigation written document that
is provided to a building owner or tenant, or the owner’s or tenant’s
agent or employee, that alleges the site is in violation of one or
more construction-related accessibility standards, as defined in
paragraph (6) of subdivision (a) of Section 55.52, or alleges one
or more construction-related accessibility claims, as defined in
paragraph (2), and is provided whether or not the attorney intends
to file a complaint, or eventually files a complaint, in state or
federal court.

(b) An attorney shall provide the following items with each
demand letter or complaint sent to or served upon a defendant or
potential defendant alleging a construction-related accessibility
claim:

(1) A written advisory on the form described in subparagraph
(B), or, until that form is available, on a separate page or pages
that are clearly distinguishable from the demand letter or complaint.
The advisory shall not be required in subsequent communications
following the initial demand letter or initial complaint unless a
new construction-related accessibility claim is asserted in the
subsequent demand letter or amended complaint.

(A) The advisory shall state as follows:

STATE LAW REQUIRES THAT YOU GET THIS
IMPORTANT ADVISORY INFORMATION FOR BUILDING
OWNERS AND TENANTS

This information is available in English, Spanish, Chinese,
Vietnamese, and Korean through the Judicial Council of California.
Persons with visual impairments can get assistance in viewing this
form through the Judicial Council Internet Web site at
www.courts.ca.gov.

California law requires that you receive this information because
the demand letter or court complaint you received with this
document claims that your building or property does not comply
with one or more existing construction-related accessibility laws
or regulations protecting the civil rights of persons with disabilities
to access public places.

YOU HAVE IMPORTANT LEGAL OBLIGATIONS.
Compliance with disability access laws is a serious and significant
responsibility that applies to all California building owners and
tenants with buildings open for business to the public. You may
obtain information about your legal obligations and how to comply
with disability access laws through the Division of the State
Architect at www.dgs.ca.gov. Information is also available from
the California Commission on Disability Access at
www.ccda.ca.gov/guide.htm.

YOU HAVE IMPORTANT LEGAL RIGHTS. The allegations
made in the accompanying demand letter or court complaint do
not mean that you are required to pay any money unless and until
a court finds you liable. Moreover, RECEIPT OF A DEMAND
LETTER OR COURT COMPLAINT AND THIS ADVISORY
DOES NOT NECESSARILY MEAN YOU WILL BE FOUND
LIABLE FOR ANYTHING. You will have the right if you are
later sued to fully present your explanation why you believe you
have not in fact violated disability access laws or have corrected
the violation or violations giving rise to the claim.

You have the right to seek assistance or advice about this demand
letter or court complaint from any person of your choice. If you
have insurance, you may also wish to contact your insurance
provider. Your best interest may be served by seeking legal advice
or representation from an attorney, but you may also represent
yourself and file the necessary court papers to protect your interests
if you are served with a court complaint. If you have hired an
attorney to represent you, you should immediately notify your
attorney.

If a court complaint has been served on you, you will get a
separate advisory notice with the complaint advising you of special
options and procedures available to you under certain conditions.

ADDITIONAL THINGS YOU SHOULD KNOW:

ATTORNEY MISCONDUCT. Except for limited circumstances,
state law generally requires that a prelitigation demand letter from
an attorney MAY NOT MAKE A REQUEST OR DEMAND FOR
MONEY OR AN OFFER OR AGREEMENT TO ACCEPT
MONEY. Moreover, a demand letter from an attorney MUST
INCLUDE THE ATTORNEY’S STATE BAR LICENSE
NUMBER.

If you believe the attorney who provided you with this notice
and prelitigation demand letter is not complying with state law,
you may send a copy of the demand letter you received from the
attorney to the State Bar of California by facsimile transmission
to 1-415-538-2171, or by mail to the State Bar of California, 180
Howard Street, San Francisco, CA, 94105, Attention: Professional
Competence.

REDUCING YOUR DAMAGES. If you are a small business
owner and correct all of the construction-related violations that
are the basis of the complaint against you within 30 days of being
served with the complaint, you may qualify for reduced damages.
You may wish to consult an attorney to obtain legal advice. You
may also wish to contact the California Commission on Disability
Access for additional information about the rights and obligations
of business owners.

COMMERCIAL TENANT. If you are a commercial tenant, you
may not be responsible for ensuring that some or all portions of
the premises you lease for your business, including common areas
such as parking lots, are accessible to the public because those
areas may be the responsibility of your landlord. You may want
to refer to your lease agreement and consult with an attorney or
contact your landlord, to determine if your landlord is responsible
for maintaining and improving some or all of the areas you lease.

(B) On or before July 1, 2016, the Judicial Council shall update
the advisory form that may be used by an attorney to comply with
the requirements of subparagraph (A). The advisory form shall be
in substantially the same format and include all of the text set forth
in subparagraph (A). The advisory form shall be available in
English, Spanish, Chinese, Vietnamese, and Korean, and shall
include a statement that the advisory form is available in additional
languages, and the Judicial Council Internet Web site address
where the different versions of the advisory form are located. The
advisory form shall include Internet Web site information for the
Division of the State Architect and the California Commission on
Disability Access.

(2) A verified answer form developed by the Judicial Council,
which allows a defendant to respond to the complaint in the event
a complaint is filed.

(A) The answer form shall be written in plain language and
allow the defendant to state any relevant information affecting the
defendant’s liability or damages including, but not limited to, the
following:

(i) Specific denials of the allegations in the complaint, including
whether the plaintiff has demonstrated that he or she was denied
full and equal access to the place of public accommodation on a
particular occasion pursuant to Section 55.56.

(ii) Potential affirmative defenses available to the defendant,
including:

(I) An assertion that the defendant’s landlord is responsible for
ensuring that some or all of the property leased by the defendant,
including the areas at issue in the complaint, are accessible to the
public. The defendant shall provide facts supporting that assertion,
and the name and contact information of the defendant’s landlord.

(II) Any other affirmative defense the defendant wishes to assert.

(iii) A request to meet in person at the subject premises, if the
defendant qualifies for an early evaluation conference pursuant to
Section 55.54.

(iv) Any other information that the defendant believes is relevant
to his or her potential liability or damages, including that the
defendant qualifies for reduced damages pursuant to paragraph
(1) or (2) of subdivision (f) of Section 55.56, and, if so, any facts
supporting that assertion.

(B) The answer form shall provide instructions to a defendant
who wishes to file the form as an answer to the complaint. The
form shall also notify the defendant that he or she may use the
completed form as an informal response to a demand letter or for
settlement discussion purposes.

(C) On or before July 1, 2016, the Judicial Council shall adopt
the answer form that may be used by an attorney to comply with
the requirements of this paragraph, and shall post the answer form
on the Judicial Council Internet Web site.

(c) Subdivision (b) applies only to a demand letter or complaint
made by an attorney. This section does not affect the right to file
a civil complaint under any other law or regulation protecting the
physical access rights of persons with disabilities. Additionally,
this section does not require a party to provide or send a demand
letter to another party before proceeding against that party with a
civil complaint.

(d) This section does not apply to an action brought by the
Attorney General or any district attorney, city attorney, or county
counsel.

SEC. 2.  

Section 55.32 of the Civil Code, as added by Section
5 of Chapter 383 of the Statutes of 2012, is amended to read:

55.32.  

(a) An attorney who provides a demand letter, as defined
in subdivision (a) of Section 55.3, shall do all of the following:

(1) Include the attorney’s State Bar license number in the
demand letter.

(2) Contemporaneously with providing the demand letter, send
a copy of the demand letter to the State Bar of California by
facsimile transmission at 1-415-538-2171, or by mail to 180
Howard Street, San Francisco, CA, 94105, Attention: Professional
Competence.

(3) Within five business days of providing the demand letter,
send a copy of the demand letter to the California Commission on
Disability Access.

(b) An attorney who sends or serves a complaint, as defined in
subdivision (a) of Section 55.3, shall do both of the following:

(1) Send a copy of the complaint to the California Commission
on Disability Access within five business days of sending or
serving the complaint.

(2) Notify the California Commission on Disability Access
within five business days of judgment, settlement, or dismissal of
the claim or claims alleged in the complaint of the following
information in a standard format specified by the commission:

(A) The date of the judgment, settlement, or dismissal.

(B) Whether or not the construction-related accessibility
violations alleged in the complaint were remedied in whole or in
part after the plaintiff filed a complaint or provided a demand
letter, as defined by Section 55.3.

(C) If the construction-related accessibility violations alleged
in the complaint were not remedied in whole or in part after the
plaintiff filed a complaint or provided a demand letter, as defined
by Section 55.3, whether or not another favorable result was
achieved after the plaintiff filed the complaint or provided the
demand letter.

(D) Whether or not the defendant submitted an application for
an early evaluation conference and stay pursuant to Section 55.54,
whether the defendant requested a site inspection, the date of any
early evaluation conference, and the date of any site inspection.

(c) A violation of paragraph (2) or (3) of subdivision (a) or
subdivision (b) shall constitute cause for the imposition of
discipline of an attorney where a copy of the complaint, demand
letter, or notification of a case outcome is not sent to the California
Commission on Disability Access within five business days, or a
copy of the demand letter is not sent to the State Bar within five
business days. In the event the State Bar receives information
indicating that an attorney has failed to send a copy of the
complaint, demand letter, or notification of a case outcome to the
California Commission on Disability Access within five business
days, the State Bar shall investigate to determine whether paragraph
(3) of subdivision (a) or subdivision (b) has been violated.

(d) Notwithstanding subdivisions (a) and (b), an attorney is not
required to send to the State Bar of California or the California
Commission on Disability Access a copy of any subsequent
demand letter or amended complaint in the same dispute following
the initial demand letter or complaint, unless that subsequent
demand letter or amended complaint alleges a new
construction-related accessibility claim.

(e) A demand begin delete letter or complaint end delete begin insert letter, complaint, or
notification of a case outcome end insert sent to the California Commission
on Disability Access shall be for the informational purposes of
Section 8299.08 of the Government Code. A demand letter received
by the State Bar from either the sender or recipient of the demand
letter shall be reviewed by the State Bar to determine whether
subdivision (b) or (c) of Section 55.31 has been violated.

(f) (1) Commencing July 31, 2013, and annually each July 31
thereafter, the State Bar shall report to the Legislature and the
Chairs of the Senate and Assembly Committees on Judiciary, both
of the following with respect to demand letters received by the
State Bar:

(A) The number of investigations opened to date on a suspected
violation of subdivision (b) or (c) of Section 55.31.

(B) Whether any disciplinary action resulted from the
investigation, and the results of that disciplinary action.

(2) A report to be submitted pursuant to this subdivision shall
be submitted in compliance with Section 9795 of the Government
Code.

(g) The California Commission on Disability Access shall
review and report on the demand begin delete letters and complaints end delete begin insert letters,
complaints, and notifications of case outcomes end insert it receives as
provided in Section 8299.08 of the Government Code.

(h) Paragraphs (2) and (3) of subdivision (a) and subdivision
(b) shall not apply to a demand letter or complaint sent or filed by
an attorney employed or retained by a qualified legal services
project or a qualified support center, as defined in Section 6213
of the Business and Professions Code, when acting within the
scope of employment in asserting a construction-related
accessibility claim. The Legislature finds and declares that qualified
legal services projects and support centers are extensively regulated
by the State Bar of California, and that there is no evidence of any
abusive use of demand letters or complaints by these organizations.
The Legislature further finds that, in light of the evidence of the
extraordinarily small number of construction-related accessibility
cases brought by regulated legal services programs, and given the
resources of those programs, exempting regulated legal services
programs from the requirements of this section to report to the
California Commission on Disability Access will not affect the
purpose of the reporting to, and tabulation by, the commission of
all other construction-related accessibility claims.

(i) This section shall become operative on January 1, 2013.

(j) This section shall remain in effect only until January 1, 2019,
and as of that date is repealed.

SEC. 3.  

Section 55.32 of the Civil Code, as added by Section
6 of Chapter 383 of the Statutes of 2012, is amended to read:

55.32.  

(a) An attorney who provides a demand letter, as defined
in subdivision (a) of Section 55.3, shall do all of the following:

(1) Include the attorney’s State Bar license number in the
demand letter.

(2) Within five business days of providing the demand letter,
send a copy of the demand letter to the California Commission on
Disability Access.

(b) An attorney who sends or serves a complaint, as defined in
subdivision (a) of Section 55.3, shall do both of the following:

(1) Send a copy of the complaint to the California Commission
on Disability Access within five business days of sending or
serving the complaint.

(2) Notify the California Commission on Disability Access
within five business days of judgment, settlement, or dismissal of
the claim or claims alleged in the complaint of the following
information in a standard format specified by the commission:

(A) The date of the judgment, settlement, or dismissal.

(B) Whether or not the construction-related accessibility
violations alleged in the complaint were remedied in whole or in
part after the plaintiff filed a complaint or provided a demand
letter, as defined by Section 55.3.

(C) If the construction-related accessibility violations alleged
in the complaint were not remedied in whole or in part after the
plaintiff filed a complaint or provided a demand letter, as defined
by Section 55.3, whether or not another favorable result was
achieved after the plaintiff filed the complaint or provided the
demand letter.

(D) Whether or not the defendant submitted an application for
an early evaluation conference and stay pursuant to Section 55.54,
whether the defendant requested a site inspection, the date of any
early evaluation conference, and the date of any site inspection.

(c) A violation of paragraph (2) of subdivision (a) or subdivision
(b) shall constitute cause for the imposition of discipline of an
attorney if a copy of the demand letter, complaint, or notification
of a case outcome is not sent to the California Commission on
Disability Access within five business days. In the event the State
Bar receives information indicating that an attorney has failed to
send a copy of the demand letter, complaint, or notification of a
case outcome to the California Commission on Disability Access
within five business days, the State Bar shall investigate to
determine whether paragraph (2) of subdivision (a) or subdivision
(b) has been violated.

(d) Notwithstanding subdivisions (a) and (b), an attorney is not
required to send to the California Commission on Disability Access
a copy of any subsequent demand letter or amended complaint in
the same dispute following the initial demand letter or complaint,
unless that subsequent demand letter or amended complaint alleges
a new construction-related accessibility claim.

(e) A demand letter begin insert or notification of a case outcome end insert sent to
the California Commission on Disability Access shall be for the
informational purposes of Section 8299.08 of the Government
Code. A demand letter received by the State Bar from the recipient
of the demand letter shall be reviewed by the State Bar to determine
whether subdivision (b) or (c) of Section 55.31 has been violated.

(f) (1) Notwithstanding Section 10231.5 of the Government
Code, on or before July 31, 2019, and annually thereafter, the State
Bar shall report to the Legislature and the Chairs of the Senate and
Assembly Judiciary Committees, both of the following with respect
to demand letters received by the State Bar:

(A) The number of investigations opened to date on a suspected
violation of subdivision (b) or (c) of Section 55.31.

(B) Whether any disciplinary action resulted from the
investigation, and the results of that disciplinary action.

(2) A report to be submitted pursuant to this subdivision shall
be submitted in compliance with Section 9795 of the Government
Code.

(g) The California Commission on Disability Access shall
review and report on the demand begin delete letters and complaints end delete begin insert letters,
complaints, and notifications of case outcomes end insert it receives as
provided in Section 8299.08 of the Government Code.

(h) The expiration of any ground for discipline of an attorney
shall not affect the imposition of discipline for any act prior to the
expiration. An act or omission that constituted cause for imposition
of discipline of an attorney when committed or omitted prior to
January 1, 2019, shall continue to constitute cause for the
imposition of discipline of that attorney on and after January 1,
2019.

(i) Paragraph (2) of subdivision (a) and subdivision (b) shall
not apply to a demand letter or complaint sent or filed by an
attorney employed or retained by a qualified legal services project
or a qualified support center, as defined in Section 6213 of the
Business and Professions Code, when acting within the scope of
employment in asserting a construction-related accessibility claim.
The Legislature finds and declares that qualified legal services
projects and support centers are extensively regulated by the State
Bar of California, and that there is no evidence of any abusive use
of demand letters or complaints by these organizations. The
Legislature further finds that, in light of the evidence of the
extraordinarily small number of construction-related accessibility
cases brought by regulated legal services programs, and given the
resources of those programs, exempting regulated legal services
programs from the requirements of this section to report to the
California Commission on Disability Access will not affect the
purpose of the reporting to, and tabulation by, the commission of
all other construction-related accessibility claims.

(j) This section shall become operative on January 1, 2019.

SEC. 4.  

Section 55.54 of the Civil Code is amended to read:

55.54.  

(a) (1) An attorney who causes a summons and
complaint to be served in an action that includes a
construction-related accessibility claim, including, but not limited
to, a claim brought under Section 51, 54, 54.1, or 55, shall, at the
same time, cause to be served a copy of the application form
specified in subdivision (c) and a copy of the following notice,
including, until January 1, 2013, the bracketed text, to the defendant
on separate papers that shall be served with the summons and
complaint:

ADVISORY NOTICE TO DEFENDANT

 
YOU MAY BE ENTITLED TO ASK FOR A COURT
STAY (AN ORDER TEMPORARILY STOPPING ANY
LAWSUIT) AND EARLY EVALUATION CONFERENCE
IN THIS LAWSUIT AND MAY BE ASSESSED REDUCED
STATUTORY DAMAGES IF YOU MEET CERTAIN
CONDITIONS.

 
If the construction-related accessibility claim pertains to a
site that has a Certified Access Specialist (CASp) inspection
report for that site, or to a site where new construction or
improvement was approved after January 1, 2008, by the local
building permit and inspection process, you may make an
immediate request for a court stay and early evaluation
conference in the construction-related accessibility claim by
filing the attached application form with the court. You may
be entitled to the court stay and early evaluation conference
regarding the accessibility claim only if ALL of the statements
in the application form applicable to you are true.

 
FURTHER, if you are a defendant described above (with a
CASp inspection report or with new construction after January
1, 2008), and, to the best of your knowledge, there have been
no modifications or alterations completed or commenced since
the CASp report or building department approval of the new
construction or improvement that impacted compliance with
construction-related accessibility standards with respect to the
plaintiff’s claim, your liability for minimum statutory damages
may be reduced to $1,000 for each offense, unless the violation
was intentional, and if all construction-related accessibility
violations giving rise to the claim are corrected within 60 days
of being served with this complaint.

 
ALSO, if your business has been served with a complaint
filed by a high-frequency litigant, as defined in subdivision
(b) of Section 425.55 of the Code of Civil Procedure, asserting
a construction-related accessibility claim, including, but not
limited to, a claim brought under Section 51, 54, 54.1, or 55
of the Civil Code, you may also be entitled to a court stay and
an early evaluation conference. If you choose to request a stay
and early evaluation conference, you may also request to meet
in person with the plaintiff and counsel for both parties, as
well as experts if the parties so elect, at the subject premises
no later than 30 days after issuance of the court order to jointly
inspect the portions of the subject premises and review any
conditions that are claimed to constitute a violation of a
construction-related accessibility standard.

 
IN ADDITION, if your business is a small business that,
over the previous three years, or the existence of the business
if less than three years, employs 25 or fewer employees on
average over that time period and meets specified gross
receipts criteria, you may also be entitled to the court stay and
early evaluation conference and your minimum statutory
damages for each claim may be reduced to $2,000 for each
offense, unless the violation was intentional, and if all the
alleged construction-related accessibility violations are
corrected within 30 days of being served with the complaint.

 
If you plan to correct the violations giving rise to the claim,
you should take pictures and measurements or similar action
to document the condition of the physical barrier asserted to
be the basis for a violation before undertaking any corrective
action in case a court needs to see the condition of a barrier
before it was corrected.

 
The court will schedule the conference to be held within 70
days after you file the attached application form.

[If you are not a defendant with a CASp inspection report,
until a form is adopted by the Judicial Council, you may use
the attached form if you modify the form and supplement it
with your declaration stating any one of the following:

 
(1) Until January 1, 2018, that the site’s new construction
or improvement on or after January 1, 2008, and before January
1, 2016, was approved pursuant to the local building permit
and inspection process; that, to the best of your knowledge,
there have been no modifications or alterations completed or
commenced since the building department approval that
impacted compliance with construction-related accessibility
standards with respect to the plaintiff’s claim; and that all
violations giving rise to the claim have been corrected, or will
be corrected within 60 days of the complaint being served.

 
(2) That the site’s new construction or improvement passed
inspection by a local building department inspector who is a
certified access specialist; that, to the best of your knowledge,
there have been no modifications or alterations completed or
commenced since that inspection approval that impacted
compliance with construction-related accessibility standards
with respect to the plaintiff’s claim; and that all violations
giving rise to the claim have been corrected, or will be
corrected within 60 days of the complaint being served.

 
(3) That your business is a small business with 25 or fewer
employees and meets the gross receipts criteria set out in
Section 55.56 of the Civil Code, and that all violations giving
rise to the claim have been corrected, or will be corrected
within 30 days of being served with the complaint.]

 
The court will also issue an immediate stay of the
proceedings unless the plaintiff has obtained a temporary
restraining order in the construction-related accessibility claim.
You may obtain a copy of the application form, filing
instructions, and additional information about the stay and
early evaluation conference through the Judicial Council
Internet Web site at www.courts.ca.gov/selfhelp-start.htm.

 
You may file the application after you are served with a
summons and complaint, but no later than your first court
pleading or appearance in this case, which is due within 30
days after you receive the summons and complaint. If you do
not file the application, you will still need to file your reply
to the lawsuit within 30 days after you receive the summons
and complaint to contest it. You may obtain more information
about how to represent yourself and how to file a reply without
hiring an attorney at www.courts.ca.gov/selfhelp-start.htm.

 
You may file the application without the assistance of an
attorney, but it may be in your best interest to immediately
seek the assistance of an attorney experienced in disability
access laws when you receive a summons and complaint. You
may make an offer to settle the case, and it may be in your
interest to put that offer in writing so that it may be considered
under Section 55.55 of the Civil Code.

(2) An attorney who files a Notice of Substitution of Counsel
to appear as counsel for a plaintiff who, acting in propria persona,
had previously filed a complaint in an action that includes a
construction-related accessibility claim, including, but not limited
to, a claim brought under Section 51, 54, 54.1, or 55, shall, at the
same time, cause to be served a copy of the application form
specified in subdivision (c) and a copy of the notice specified in
paragraph (1) upon the defendant on separate pages that shall be
attached to the Notice of Substitution of Counsel.

(b) (1) Notwithstanding any other law, upon being served with
a summons and complaint asserting a construction-related
accessibility claim, including, but not limited to, a claim brought
under Section 51, 54, 54.1, or 55, a qualified defendant, or other
defendant as defined in paragraph (2), may file a request for a court
stay and early evaluation conference in the proceedings of that
claim prior to or simultaneous with that defendant’s responsive
pleading or other initial appearance in the action that includes the
claim. If that defendant filed a timely request for stay and early
evaluation conference before a responsive pleading was due, the
period for filing a responsive pleading shall be tolled until the stay
is lifted. Any responsive pleading filed simultaneously with a
request for stay and early evaluation conference may be amended
without prejudice, and the period for filing that amendment shall
be tolled until the stay is lifted.

(2) This subdivision shall also apply to a defendant if any of
the following apply:

(A) Until January 1, 2018, the site’s new construction or
improvement on or after January 1, 2008, and before January 1,
2016, was approved pursuant to the local building permit and
inspection process, and the defendant declares with the application
that, to the best of the 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
that all violations have been corrected, or will be corrected within
60 days of being served with the complaint.

(B) The site’s new construction or improvement was approved
by a local public building department inspector who is a certified
access specialist, and the defendant declares with the application
that, to the best of the 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
that all violations have been corrected, or will be corrected within
60 days of being served with the complaint.

(C) The defendant is a small business described in subdivision
(f) of Section 55.56, and the defendant declares with the application
that all violations have been corrected, or will be corrected within
30 days of being served with the complaint.

(D) The defendant is a business that has been served with a
complaint filed by a high-frequency litigant, as defined in
subdivision (b) of Section 425.55 of the Code of Civil Procedure,
asserting a construction-related accessibility claim, including, but
not limited to, a claim brought under Section 51, 54, 54.1, or 55.

(3) Notwithstanding any other law, if the plaintiff had acted in
propria persona in filing a complaint that includes a
construction-related accessibility claim, including, but not limited
to, a claim brought under Section 51, 54, 54.1, or 55, a qualified
defendant, or a defendant described by paragraph (2), who is served
with a Notice of Substitution of Counsel shall have 30 days to file
an application for a stay and an early evaluation conference. The
application may be filed prior to or after the defendant’s filing of
a responsive pleading or other initial appearance in the action that
includes the claim, except that an application may not be filed in
a claim in which an early evaluation conference or settlement
conference has already been held on the claim.

(c) (1) An application for an early evaluation conference and
stay by a qualified defendant shall include a signed declaration
that states both of the following:

(A) The site identified in the complaint has been
CASp-inspected or meets applicable standards, or is CASp
determination pending or has been inspected by a CASp, and if
the site is CASp-inspected or meets applicable standards, 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 the
defendant’s knowledge.

(B) An inspection report pertaining to the site has been issued
by a CASp. The inspection report shall be provided to the court
and the plaintiff at least 15 days prior to the court date set for the
early evaluation conference.

(2) An application for an early evaluation conference and stay
by a defendant described by subparagraph (A) of paragraph (2) of
subdivision (b), which may be filed until January 1, 2018, shall
include a signed declaration that states all of the following:

(A) The site’s new construction or improvement was approved
pursuant to the local building permit and inspection process on or
after January 1, 2008, and before January 1, 2016.

(B) To the best of the 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.

(C) All construction-related violations giving rise to the claim
have been corrected, or will be corrected within 60 days of the
complaint being served upon the defendant.

(3) An application for an early evaluation conference and stay
by a defendant described in subparagraph (B) of paragraph (2) of
subdivision (b) shall include a signed declaration that states all of
the following:

(A) The site’s new construction or improvement was approved
by a local building department inspector who is a certified access
specialist.

(B) To the best of the 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.

(C) All construction related violations giving rise to the claim
have been corrected, or will be corrected within 60 days of the
complaint being served upon the defendant.

(4) An application for an early evaluation conference and stay
by a defendant described by subparagraph (C) of paragraph (2) of
subdivision (b) shall include the materials listed in paragraphs (5)
and (6) of this subdivision, and shall include a signed declaration
that states both of the following:

(A) The defendant is a small business that employs 25 or fewer
employees and meets the gross receipts eligibility criteria provided
in paragraph (2) of subdivision (f) of Section 55.56.

(B) All construction-related violations giving rise to the claim
have been corrected, or will be corrected within 30 days of the
complaint being served upon the defendant.

(5) An application for an early evaluation conference and stay
by a small business defendant under paragraph (4) shall include
evidence showing correction of all violations within 30 days of
the service of the complaint and served upon the plaintiff with the
reply unless the application is filed prior to completion of the
corrections. In that event, the evidence shall be provided to the
court and served upon the plaintiff within 10 days of the court
order as provided in paragraph (4) of subdivision (d). This
paragraph shall not be construed to extend the permissible time
under subdivision (f) of Section 55.56 to make the corrections.

(6) An application for an early evaluation conference and stay
by a small business defendant under paragraph (4) shall also
include both of the following, which shall be confidential
documents filed only with the court and not served upon or
available to the plaintiff:

(A) Proof of the defendant’s number of employees, as shown
by wage report forms filed with the Employment Development
Department.

(B) Proof of the defendant’s average gross receipts for the
previous three years, or for the existence of the business if less
than three years, as shown by a federal or state tax document.

(7) An application for an early evaluation conference and stay
by a defendant described by subparagraph (D) of paragraph (2) of
subdivision (b) shall include a signed declaration that the defendant
was served with a complaint filed by a high-frequency litigant, as
defined in subdivision (b) of Section 425.55 of the Code of Civil
Procedure, asserting a construction-related accessibility claim,
including, but not limited to, a claim brought under Section 51,
54, 54.1, or 55.

(8) The following provisional request and notice forms may be
used and filed by a qualified defendant until forms are adopted by
the Judicial Council for those purposes pursuant to subdivision
(l):

PRINTER PLEASE NOTE: TIP-IN MATERIAL TO BE
INSERTED

[3 pages]

(9) The provisional forms and any replacement Judicial Council
forms shall include the defendant’s declaration of proof of service
of the application, the notice of the court’s order, and the court’s
order pursuant to subdivision (d).

(d) Upon the filing of an application for stay and early evaluation
conference by a qualified defendant, or a defendant described by
paragraph (2) of subdivision (b), the court shall immediately issue
an order that does all of the following:

(1) Grants a 90-day stay of the proceedings with respect to the
construction-related accessibility claim, unless the plaintiff has
obtained temporary injunctive relief that is still in place for the
construction-related accessibility claim.

(2) Schedules a mandatory early evaluation conference for a
date as soon as possible from the date of the order, but in no event
later than 70 days after issuance of the order, and in no event earlier
than 50 days after the filing of the request.

(3) Directs the parties, and any other person whose authority is
required to negotiate and enter into settlement, to appear in person
at the time set for the conference. Appearance by counsel shall not
satisfy the requirement that the parties or those with negotiation
and settlement authority personally appear, provided, however,
that the court may allow a party who is unable to attend in person
due to his or her disability to participate in the hearing by telephone
or other alternative means or through a representative authorized
to settle the case.

(4) (A) Directs the qualified defendant to file with the court
and serve on the plaintiff a copy of any relevant CASp inspection
report at least 15 days before the date of the conference. The CASp
inspection report is confidential and is available only as set forth
in paragraph (5) of this subdivision and in paragraph (4) of
subdivision (e).

(B) Directs a defendant described by subparagraph (A) or (B)
of paragraph (2) of subdivision (b) who has filed a declaration
stating that the violation or violations have been corrected, or will
be corrected within 60 days of service of the complaint to file with
the court and serve on the plaintiff evidence showing correction
of the violation or violations within 10 calendar days after the
completion of the corrections.

(C) Directs a defendant described by subparagraph (C) of
paragraph (2) of subdivision (b) who has filed a declaration stating
that the violation or violations have been corrected, or will be
corrected within 30 days of service of the complaint to file with
the court and serve on the plaintiff within 10 days after issuance
of the court order evidence of correction of the violation or
violations, if that evidence showing correction was not filed
previously with the application and served on the plaintiff.

(5) Directs the parties that the CASp inspection report 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.

(6) If the defendant so requests, directs the parties that no later
than 30 days after issuance of the court order the parties and their
counsel, accompanied by their experts if the parties so elect, shall
meet in person at the subject premises. They shall jointly inspect
the portions of the subject premises, and shall review any
programmatic or policy issues, that are claimed to constitute a
violation of a construction-related accessibility standard. The court
may allow a plaintiff who is unable to meet in person at the subject
premises to be excused from participating in a site visit or to
participate by telephone or other alternative means for good cause.
A plaintiff or plaintiff’s counsel is not required, but may agree, to
attend more than one in-person site meeting. A site inspection
pursuant to this paragraph shall not affect the right of the parties
to conduct otherwise appropriate discovery.

(7) Directs the plaintiff to file with the court and serve on the
defendant at least 15 days before the date of the conference a
statement that includes, to the extent reasonably known, for use
solely for the purpose of the early evaluation conference, all of the
following:

(A) An itemized list of specific conditions on the subject
premises that are the basis of the claimed violations of
construction-related accessibility standards 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.

(D) Any demand for settlement of the case in its entirety.

(e) (1) A party failing to comply with any court order may be
subject to court sanction at the court’s discretion.

(2) (A) The court shall lift the stay when the defendant has
failed to file and serve the CASp inspection report prior to the
early evaluation conference and has failed also to produce the
report at the time of the early evaluation conference, unless the
defendant shows good cause for that failure.

(B) The court shall lift the stay when a defendant described by
paragraph (2) of subdivision (b) has failed to file and serve the
evidence showing correction of the violation or violations as
required by law.

(3) The court may lift the stay at the conclusion of the early
evaluation conference upon a showing of good cause by the
plaintiff. Good cause may include the defendant’s failure to make
reasonably timely progress toward completion of corrections noted
by a CASp.

(4) The CASp inspection report filed and served pursuant to
subdivision (d) shall remain confidential throughout the stay and
shall continue to be confidential until the conclusion of the claim,
whether by dismissal, settlement, or final judgment, unless there
is a showing of good cause by any party. Good cause may include
the defendant’s failure to make reasonably timely progress toward
completion of corrections noted by a CASp. The confidentiality
of the inspection report shall terminate upon the conclusion of the
claim, unless the owner of the report obtains a court order pursuant
to the California Rules of Court to seal the record.

(f) All discussions at the early evaluation conference shall be
subject to Section 1152 of the Evidence Code. It is the intent of
the Legislature that the purpose of the evaluation conference shall
include, but not be limited to, evaluation of all of the following,
as applicable:

(1) Whether the defendant is entitled to the 90-day stay for some
or all of the identified issues in the case, as a qualified defendant.

(2) The current condition of the site and the status of any plan
of corrections, including whether the qualified defendant has
corrected or is willing to correct the alleged violations, and the
timeline for doing so.

(3) Whether subdivision (f) of Section 55.56 may be applicable
to the case, and whether all violations giving rise to the claim have
been corrected within the specified time periods.

(4) Whether the case, including any claim for damages or
injunctive relief, can be settled in whole or in part.

(5) Whether the parties should share other information that may
facilitate early evaluation and resolution of the dispute.

(g) Nothing in this section precludes any party from making an
offer to compromise pursuant to Section 998 of the Code of Civil
Procedure.

(h) For a claim involving a qualified defendant, as provided in
paragraph (1) of subdivision (b), the court may schedule additional
conferences and may extend the 90-day stay for good cause shown,
but not to exceed one additional 90-day extension.

(i) Early evaluation conferences shall be conducted by a superior
court judge or commissioner, or a court early evaluation conference
officer. A commissioner shall not be qualified to conduct early
evaluation conferences pursuant to this subdivision unless he or
she has received training regarding disability access requirements
imposed by the federal Americans with Disabilities Act of 1990
(Public Law 101-336; 42 U.S.C. Sec. 12101 et seq.), state laws
that govern access to public facilities, and federal and state
regulations adopted pursuant to those laws. For purposes of this
subdivision, a “court early evaluation conference officer” means
an attorney employed by the court who has received training
regarding disability access requirements imposed by the federal
Americans with Disabilities Act of 1990, state laws that govern
access to public facilities, and federal and state regulations adopted
pursuant to those laws. Attorneys serving in this capacity may also
be utilized by the court for other purposes not related to these
proceedings.

(j) Nothing in this part shall be deemed to make any inspection
report, opinion, statement, or other finding or conclusion of a CASp
binding on the court, or to abrogate in any manner the ultimate
authority of the court to make all appropriate findings of fact and
law. The CASp inspection report and any opinion, statement,
finding, or conclusion therein shall be given the weight the trier
of fact finds that it deserves.

(k) Nothing in this part shall be construed to invalidate or limit
any California construction-related accessibility standard that
provides greater or equal protection for the rights of individuals
with disabilities than is afforded by the federal Americans with
Disabilities Act (Public Law 101-336; 42 U.S.C. Sec. 12101 et
seq.) and the federal regulations adopted pursuant to that act.

(l) (1) The Judicial Council shall, by January 1, 2013, prepare
and post on its Internet Web site instructions and a form for use
by a qualified defendant, or other defendant described by paragraph
(2) of subdivision (b), to file an application for stay and early
evaluation conference as provided in subdivisions (b) and (c), a
form for the court’s notice of stay and early evaluation conference,
and any other forms appropriate to implement the provisions
relating to early evaluation conferences. Until those forms are
adopted, the Judicial Council shall post on its Internet Web site
the provisional forms set forth in subdivision (c).

(2) Until the adoption of the forms as provided in paragraph
(1), the provisional application form may be used by a defendant
described by paragraph (2) of subdivision (b).

(3) In lieu of the provisions specified in number 3 of page 1 of
the application form set forth in paragraph (7) of subdivision (c),
the application shall include one of the following declarations of
the defendant as to the basis for the application, as follows:

(A) That all of the following apply to a defendant described by
subparagraph (A) of paragraph (2) of subdivision (b):

(i) The site’s new construction or improvement was approved
pursuant to the local building permit and inspection process on or
after January 1, 2008, and before January 1, 2016.

(ii) To the best of the 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.

(iii) All the violations giving rise to the claim have been
corrected, or will be corrected within 60 days of the complaint
being served.

(B) That all of the following apply to a defendant described by
subparagraph (B) of paragraph (2) of subdivision (b):

(i) The site’s new construction or improvement was approved
by a local public building department inspector who is a certified
access specialist.

(ii) To the best of the 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.

(iii) All the violations giving rise to the claim have been
corrected, or will be corrected within 60 days of the complaint
being served.

(C) That both of the following apply to a defendant described
by subparagraph (C) of paragraph (2) of subdivision (b):

(i) The defendant is a small business described in paragraph (2)
of subdivision (f) of Section 55.56.

(ii) The violation or violations giving rise to the claim have been
corrected, or will be corrected within 30 days of the complaint
being served.

(4) In lieu of the provision specified in number 4(c) of page 1
of the application form set forth in paragraph (7) of subdivision
(c), the application shall include a request that the court order the
defendant to do either of the following:

(A) For a defendant who has filed a declaration stating that all
violations have been corrected, or will be corrected within 60 days
of service of the complaint, file with the court and serve on the
plaintiff evidence showing correction of the violation or violations
within 10 calendar days of the completion of the corrections.

(B) For a defendant who is a small business that has filed a
declaration stating that all the violations have been corrected, or
will be corrected within 30 days of the service of the complaint,
file with the court and serve on the plaintiff evidence showing
correction of the violation or violations within 10 calendar days
after issuance of the court order, if that evidence showing correction
was not filed previously with the application and served on the
plaintiff.

(5) The Judicial Council shall also prepare and post on its
Internet Web site instructions and cover pages to assist plaintiffs
and defendants, respectively, to comply with their filing
responsibilities under subdivision (d). The cover pages shall also
provide for the party’s declaration of proof of service of the
pertinent document served under the court order.

(m) The stay provisions shall not apply to any
construction-related accessibility claim in which the plaintiff has
been granted temporary injunctive relief that remains in place.

(n) This section shall not apply to any action brought by the
Attorney General, or by any district attorney, city attorney, or
county counsel.

(o) The amendments to this section made by Senate Bill 1186
of the 2011-12 Regular Session of the Legislature shall apply only
to claims filed on or after the operative date of that act. Nothing
in this part is intended to affect any complaint filed before that
date.

(p) Nothing in this part is intended to affect existing law
regarding class action requirements.

SEC. 5.  

Section 425.50 of the Code of Civil Procedure is
amended to read:

425.50.  

(a) An allegation of a construction-related accessibility
claim in a complaint, as defined in subdivision (a) of Section 55.52
of the Civil Code, shall state facts sufficient to allow a reasonable
person to identify the basis of the violation or violations supporting
the claim, including all of the following:

(1) A plain language explanation of the specific access barrier
or barriers the individual encountered, or by which the individual
alleges he or she was deterred, with sufficient information about
the location of the alleged barrier to enable a reasonable person to
identify the access barrier.

(2) The way in which the barrier denied the individual full and
equal use or access, or in which it deterred the individual, on each
particular occasion.

(3) The date or dates of each particular occasion on which the
claimant encountered the specific access barrier, or on which he
or she was deterred.

(4) (A) Except in complaints that allege physical injury or
damage to property, a complaint filed by or on behalf of a
high-frequency litigant shall also state all of the following:

(i) Whether the complaint is filed by, or on behalf of, a
high-frequency litigant.

(ii) In the case of a high-frequency litigant who is a plaintiff,
the number of complaints alleging a construction-related
accessibility claim that the high-frequency litigant has filed during
the 12 months prior to filing the complaint.

(iii) In the case of a high-frequency litigant who is a plaintiff,
the reason the individual was in the geographic area of the
defendant’s business.

(iv) In the case of a high-frequency litigant who is a plaintiff,
the reason why the individual desired to access the defendant’s
business, including the specific commercial, business, personal,
social, leisure, recreational, or other purpose.

(B) As used in this section “high-frequency litigant” has the
same meaning as set forth in subdivision (b) of Section 425.55.

(b) (1) A complaint alleging a construction-related accessibility
claim, as those terms are defined in subdivision (a) of Section 55.3
of the Civil Code, shall be verified by the plaintiff. A complaint
filed without verification shall be subject to a motion to strike.

(2) A complaint alleging a construction-related accessibility
claim filed by, or on behalf of, a high-frequency litigant shall state
in the caption “ACTION SUBJECT TO THE SUPPLEMENTAL
FEE IN GOVERNMENT CODE SECTION 70616.5.”

(c) A complaint alleging a construction-related accessibility
claim shall be signed by at least one attorney of record in the
attorney’s individual name, or, if the party is not represented by
an attorney, shall be signed by the party. By signing the complaint,
the attorney or unrepresented party is certifying that, to the best
of the person’s knowledge, information, and belief, formed after
an inquiry reasonable under the circumstances, all of the following
conditions are met:

(1) It is not being presented primarily for an improper purpose,
such as to harass or to cause unnecessary delay or needless increase
in the cost of litigation.

(2) The claims, defenses, and other legal contentions therein
are warranted by existing law or by a nonfrivolous argument for
the extension, modification, or reversal of existing law or the
establishment of new law.

(3) The allegations and other factual contentions have
evidentiary support or, if specifically so identified, are likely to
have evidentiary support after a reasonable opportunity for further
investigation or discovery.

(4) The denials of factual contentions are warranted on the
evidence or, if specifically so identified, are reasonably based on
a lack of information or belief.

(d) A court may, after notice and a reasonable opportunity to
respond, determine whether subdivision (c) has been violated and,
if so, impose sanctions as provided in Section 128.7 for violations
of subdivision (b) of Section 128.7.

(e) Nothing in this section shall limit the right of a plaintiff to
amend a complaint under Section 472, or with leave of the court
under Section 473. However, an amended pleading alleging a
construction-related accessibility claim shall be pled as required
by subdivision (a).

(f) The determination whether an attorney is a high-frequency
litigant shall be made solely on the basis of the verified complaint
and any other publicly available documents. Notwithstanding any
other law, no party to the proceeding may conduct discovery with
respect to whether an attorney is a high-frequency litigant.

(g) This section shall become operative on January 1, 2013.

SEC. 6.  

Section 425.55 is added to the Code of Civil Procedure,
to read:

425.55.  

(a) The Legislature finds and declares all of the
following:

(1) Protection of the civil rights of persons with disabilities is
of the utmost importance to this state, and private enforcement is
the essential means of achieving that goal, as the law has been
designed.

(2) According to information from the California Commission
on Disability Access, more than one-half, or 54 percent, of all
construction-related accessibility complaints filed between 2012
and 2014 were filed by two law firms. Forty-six percent of all
complaints were filed by a total of 14 parties. Therefore, a very
small number of plaintiffs have filed a disproportionately large
number of the construction-related accessibility claims in the state,
from 70 to 300 lawsuits each year. Moreover, these lawsuits are
frequently filed against small businesses on the basis of boilerplate
complaints, apparently seeking quick cash settlements rather than
correction of the accessibility violation. This practice unfairly
taints the reputation of other innocent disabled consumers who are
merely trying to go about their daily lives accessing public
accommodations as they are entitled to have full and equal access
under the state’s Unruh Civil Rights Act (Section 51 of the Civil
Code) and the federal Americans with Disability Act of 1990
(Public Law 101-336).

(3) Therefore, given these special and unique circumstances,
the provisions of this section are warranted for this limited group
of plaintiffs.

(b) For the purposes of this article, “high-frequency litigant”
means a person, except as specified in paragraph (3), who utilizes
court resources in actions arising from alleged construction-related
access violations at such a high level that it is appropriate that
additional safeguards apply so as to ensure that the claims are
warranted. A “high-frequency litigant” means one or more of the
following:

(1) A plaintiff who has filed 10 or more complaints alleging a
construction-related accessibility violation within the 12-month
period immediately preceding the filing of the current complaint
alleging a construction-related accessibility violation.

(2) An attorney who has represented as attorney of record 10
or more high-frequency litigant plaintiffs in actions that were
resolved within the 12-month period immediately preceding the
filing of the current complaint alleging a construction-related
accessibility violation, excluding all of the following actions:

(A) An action in which an early evaluation conference was held
pursuant to Section 55.54 of the Civil Code.

(B) An action in which judgment was entered in favor of the
plaintiff.

(C) An action in which the construction-related accessibility
violations alleged in the complaint were remedied in whole or in
part, or a favorable result was achieved, after the plaintiff filed a
complaint or provided a demand letter, as defined in Section 55.3
of the Civil Code.

(3) This section does not apply to an attorney employed or
retained by a qualified legal services project or a qualified support
center, as defined in Section 6213 of the Business and Professions
Code, when acting within the scope of employment to represent
a client in asserting a construction-related accessibility claim, or
the client in such a case.

SEC. 7.  

Section 68085.35 is added to the Government Code, immediately following Section 68085.3, to read:

68085.35.  

(a) Fees collected under Section 70616.5 shall be
deposited in a bank account established by the Administrative
Office of the Courts for deposit of fees collected by the courts.

(b) For each one-thousand-dollar ($1,000) fee listed in
subdivision (a), the Administrative Office of the Courts shall
distribute specified amounts as follows:

(1) Five hundred dollars ($500) to the General Fund for use,
upon appropriation by the Legislature, by the California
Commission on Disability Access.

(2) The remainder of the fee to the Trial Court Trust Fund.

(c) If any of the fees listed in subdivision (a) are reduced or
partially waived, the amount of the reduction or partial waiver
shall be deducted from the amount to be distributed to each fund
in the same proportion as the amount each distribution bears to
the total amount of the fee.

(d) No revenue collected pursuant to Section 70616.5 shall be
used to supplant existing program funding of the California
Commission on Disability Access.

SEC. 8.  

Section 70616.5 is added to the Government Code, to
read:

70616.5.  

(a) In addition to the first paper filing fee required
by Section 70611 or 70613, a single high-frequency litigant fee
shall be paid to the clerk on behalf of a plaintiff who is a
high-frequency litigant, as that term is defined in Section 425.55
of the Code of Civil Procedure, at the time of the filing of the first
paper if the complaint alleges a construction-related accessibility
claim, as those terms are defined in subdivision (a) of Section 55.3
of the Civil Code.

(b) The fee established by this section shall be one thousand
dollars ($1,000). The fee shall be transmitted as provided in Section
68085.35.

(c) Failure to pay the fees required by this section shall have
the same effect as the failure to pay a filing fee, and shall be subject
to the same enforcement and penalties.

SEC. 9.  

The Legislature finds and declares that Section 3 of
this act limits the public’s right of access to public documents
within the meaning of Section 3 of Article I of the California
Constitution. Pursuant to that constitutional provision, the
Legislature makes the following findings to demonstrate the interest
and the need for protecting that interest:

(a) The interest protected by this limitation is the privacy rights
of litigants.

(b) The need for protecting those interests is to preclude the
chilling effect on litigation if public disclosure were required.

SEC. 10.  

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of
the Government Code, or changes the definition of a crime within
the meaning of Section 6 of Article XIII B of the California
Constitution.

SEC. 11.  

This act is an urgency statute necessary for the
immediate preservation of the public peace, health, or safety within
the meaning of Article IV of the Constitution and shall go into
immediate effect. The facts constituting the necessity are:

In order to ensure that the courts are not overburdened and are
able to provide access to the judicial system for all persons seeking
redress of their construction-related accessibility claims, it is
necessary that these reasonable requirements placed on
high-frequency litigants take effect immediately.