Senate BillNo. 67


Introduced by Senator Galgiani

January 7, 2015


An act to amend Sections 55.54 and 55.56 of the Civil Code, relating to disability access.

LEGISLATIVE COUNSEL’S DIGEST

SB 67, as introduced, Galgiani. Disability access: statutory damages.

Existing law permits statutory damages to be awarded in certain construction-related accessibility claims against a place of public accommodation only if the violation denied the plaintiff full and equal access to the place of public accommodation on a particular occasion. Existing law reduces a defendant’s minimum statutory damage liability to $1000 if the defendant demonstrates that it has corrected all construction-related violations that are the basis of a claim within 60 days of being served with the complaint, and other conditions are met, including, among others, that the structure or area was inspected by a certified access specialist, as defined. Existing law also reduces a defendant’s minimum statutory damage liability to $2000 in this context if it demonstrates that it has corrected all construction-related violations that are the basis of a claim within 30 days of being served with the complaint and it is a small business, as defined.

This bill would except a small business from statutory damage liability in connection with a construction-related accessibility claim, as described above, and would instead limit recovery to injunctive relief and reasonable attorney’s fees as deemed appropriate by the court. The bill would also extend the period for correcting construction-related violations that are the basis of a claim from 60 days to 120 days of being served with the complaint, for purposes of reducing a defendant’s minimum statutory damage liability to $1000. The bill would make conforming changes a notice a plaintiff is required to served on a defendant in an action that includes a construction-related accessibility claim.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

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

P2    1

SECTION 1.  

Section 55.54 of the Civil Code is amended to
2read:

3

55.54.  

(a) (1) An attorney who causes a summons and
4complaint to be served in an action that includes a
5construction-related accessibility claim, including, but not limited
6to, a claim brought under Section 51, 54, 54.1, or 55, shall, at the
7same time, cause to be served a copy of the application form
8specified in subdivision (c) and a copy of the following notice,
9including, until January 1, 2013, the bracketed text, to the defendant
10on separate papers that shall be served with the summons and
11complaint:


13ADVISORY NOTICE TO DEFENDANT


14
15YOU MAY BE ENTITLED TO ASK FOR A COURT
16STAY (AN ORDER TEMPORARILY STOPPING ANY
17LAWSUIT) AND EARLY EVALUATION CONFERENCE
18IN THIS LAWSUIT AND MAY BE ASSESSED REDUCED
19STATUTORY DAMAGESbegin insert OR NO STATUTORY DAMAGESend insert
20 IF YOU MEET CERTAIN CONDITIONS.


21If the construction-related accessibility claim pertains to a
22site that has a Certified Access Specialist (CASp) inspection
23report for that site, or to a site where new construction or
24improvement was approved after January 1, 2008, by the local
25building permit and inspection process, you may make an
26immediate request for a court stay and early evaluation
27conference in the construction-related accessibility claim by
28filing the attached application form with the court. You may
29be entitled to the court stay and early evaluation conference
30regarding the accessibility claim only if ALL of the statements
31in the application form applicable to you are true.


P3    1FURTHER, if you are a defendant described above (with a
2CASp inspection report or with new construction after January
31, 2008), and, to the best of your knowledge, there have been
4no modifications or alterations completed or commenced since
5the CASp report or building department approval of the new
6construction or improvement that impacted compliance with
7construction-related accessibility standards with respect to the
8plaintiff’s claim, your liability for minimum statutory damages
9may be reduced to $1,000 for each offense, unless the violation
10was intentional, and if all construction-related accessibility
11violations giving rise to the claim are corrected withinbegin delete 60end deletebegin insert 120end insert
12 days of being served with this complaint.


13IN ADDITION, if your business is a small business that,
14over the previous three years, or the existence of the business
15if less than three years, employs 25 or fewer employees on
16average over that time period and meets specified gross
17receipts criteria,begin delete you may also be entitled to the court stay and
18early evaluation conference and your minimum statutory
19damages for each claim may be reduced to $2,000 for each
20offense, unless the violation was intentional, and if all the
21alleged construction-related accessibility violations are
22corrected within 30 days of being served with the complaint.end delete

23begin insert recovery against you is limited to injunctive relief and
24reasonable attorney’s fees as determined by the court, if the
25violation was unintentional.end insert


26If you plan to correct the violations giving rise to the claim,
27you should take pictures and measurements or similar action
28to document the condition of the physical barrier asserted to
29be the basis for a violation before undertaking any corrective
30action in case a court needs to see the condition of a barrier
31before it was corrected.


32The court will schedule the conference to be held within 70
33days after you file the attached application form.

34[If you are not a defendant with a CASp inspection report,
35until a form is adopted by the Judicial Council, you may use
36the attached form if you modify the form and supplement it
37with your declaration stating any one of the following:


38(1) Until January 1, 2018, that the site’s new construction
39or improvement on or after January 1, 2008, and before January
401, 2016, was approved pursuant to the local building permit
P4    1and inspection process; that, to the best of your knowledge,
2there have been no modifications or alterations completed or
3commenced since the building department approval that
4impacted compliance with construction-related accessibility
5standards with respect to the plaintiff’s claim; and that all
6violations giving rise to the claim have been corrected, or will
7be corrected withinbegin delete 60end deletebegin insert 120end insert days of the complaint being served.


8(2) That the site’s new construction or improvement passed
9inspection by a local building department inspector who is a
10certified access specialist; that, to the best of your knowledge,
11there have been no modifications or alterations completed or
12commenced since that inspection approval that impacted
13 compliance with construction-related accessibility standards
14with respect to the plaintiff’s claim; and that all violations
15giving rise to the claim have been corrected, or will be
16corrected withinbegin delete 60end deletebegin insert 120end insert days of the complaint being served.


17(3) That your business is a small business with 25 or fewer
18employees and meets the gross receipts criteria set out in
19Section 55.56 of the Civilbegin delete Code, and that all violations giving
20rise to the claim have been corrected, or will be corrected
21within 30 days of being served with the complaint.]end delete
begin insert Code.]end insert


22The court will also issue an immediate stay of the
23proceedings unless the plaintiff has obtained a temporary
24restraining order in the construction-related accessibility claim.
25You may obtain a copy of the application form, filing
26instructions, and additional information about the stay and
27early evaluation conference through the Judicial Council
28Internet Web site at www.courts.ca.gov/selfhelp-start.htm.


29You may file the application after you are served with a
30summons and complaint, but no later than your first court
31pleading or appearance in this case, which is due within 30
32days after you receive the summons and complaint. If you do
33not file the application, you will still need to file your reply
34to the lawsuit within 30 days after you receive the summons
35and complaint to contest it. You may obtain more information
36about how to represent yourself and how to file a reply without
37hiring an attorney at www.courts.ca.gov/selfhelp-start.htm.


38You may file the application without the assistance of an
39attorney, but it may be in your best interest to immediately
40seek the assistance of an attorney experienced in disability
P5    1access laws when you receive a summons and complaint. You
2may make an offer to settle the case, and it may be in your
3interest to put that offer in writing so that it may be considered
4under Section 55.55 of the Civil Code.


6(2) An attorney who files a Notice of Substitution of Counsel
7to appear as counsel for a plaintiff who, acting in propria persona,
8had previously filed a complaint in an action that includes a
9construction-related accessibility claim, including, but not limited
10to, a claim brought under Section 51, 54, 54.1, or 55, shall, at the
11same time, cause to be served a copy of the application form
12specified in subdivision (c) and a copy of the notice specified in
13paragraph (1) upon the defendant on separate pages that shall be
14attached to the Notice of Substitution of Counsel.

15(b) (1) Notwithstanding any other law, upon being served with
16a summons and complaint asserting a construction-related
17accessibility claim, including, but not limited to, a claim brought
18under Section 51, 54, 54.1, or 55, a qualified defendant, or other
19defendant as defined in paragraph (2), may file a request for a court
20stay and early evaluation conference in the proceedings of that
21claim prior to or simultaneous with that defendant’s responsive
22pleading or other initial appearance in the action that includes the
23claim. If that defendant filed a timely request for stay and early
24evaluation conference before a responsive pleading was due, the
25period for filing a responsive pleading shall be tolled until the stay
26is lifted. Any responsive pleading filed simultaneously with a
27request for stay and early evaluation conference may be amended
28without prejudice, and the period for filing that amendment shall
29be tolled until the stay is lifted.

30(2) This subdivision shall also apply to a defendant if any of
31the following apply:

32(A) Until January 1, 2018, the site’s new construction or
33improvement on or after January 1, 2008, and before January 1,
342016, was approved pursuant to the local building permit and
35inspection process, and the defendant declares with the application
36that, to the best of the defendant’s knowledge, there have been no
37modifications or alterations completed or commenced since that
38approval that impacted compliance with construction-related
39accessibility standards with respect to the plaintiff’s claim, and
P6    1that all violations have been corrected, or will be corrected within
2begin delete 60end deletebegin insert 120end insert days of being served with the complaint.

3(B) The site’s new construction or improvement was approved
4by a local public building department inspector who is a certified
5access specialist, and the defendant declares with the application
6that, to the best of the defendant’s knowledge, there have been no
7modifications or alterations completed or commenced since that
8approval that impacted compliance with construction-related
9accessibility standards with respect to the plaintiff’s claim, and
10that all violations have been corrected, or will be corrected within
11begin delete 60end deletebegin insert 120end insert days of being served with the complaint.

12(C) The defendant is a small business described in subdivision
13(f) of Sectionbegin delete 55.56, and the defendant declares with the application
14that all violations have been corrected, or will be corrected within
1530 days of being served with the complaint.end delete
begin insert 55.56.end insert

16(3) Notwithstanding any other law, if the plaintiff had acted in
17propria persona in filing a complaint that includes a
18construction-related accessibility claim, including, but not limited
19to, a claim brought under Section 51, 54, 54.1, or 55, a qualified
20defendant, or a defendant described by paragraph (2), who is served
21with a Notice of Substitution of Counsel shall have 30 days to file
22an application for a stay and an early evaluation conference. The
23application may be filed prior tobegin insert,end insert or afterbegin insert,end insert the defendant’s filing
24of a responsive pleading or other initial appearance in the action
25that includes the claim, except that an applicationbegin delete mayend deletebegin insert shallend insert not
26be filed in a claim in which an early evaluation conference or
27settlement conference has already been held on the claim.

28(c) (1) An application for an early evaluation conference and
29stay by a qualified defendant shall include a signed declaration
30that states both of the following:

31(A) The site identified in the complaint has been
32CASp-inspected or meets applicable standards, or is CASp
33determination pending or has been inspected by a CASp, and if
34the site is CASp-inspected or meets applicable standards, there
35have been no modifications completed or commenced since the
36date of inspection that may impact compliance with
37construction-related accessibility standards to the best of the
38defendant’s knowledge.

39(B) An inspection report pertaining to the site has been issued
40by a CASp. The inspection report shall be provided to the court
P7    1and the plaintiff at least 15 days prior to the court date set for the
2early evaluation conference.

3(2) An application for an early evaluation conference and stay
4by a defendant described by subparagraph (A) of paragraph (2) of
5subdivision (b), which may be filed until January 1, 2018, shall
6include a signed declaration that states all of the following:

7(A) The site’s new construction or improvement was approved
8pursuant to the local building permit and inspection process on or
9after January 1, 2008, and before January 1, 2016.

10(B) To the best of the defendant’s knowledge there have been
11no modifications or alterations completed or commenced since
12that approval that impacted compliance with construction-related
13accessibility standards with respect to the plaintiff’s claim.

14(C) All construction-related violations giving rise to the claim
15have been corrected, or will be corrected withinbegin delete 60end deletebegin insert 120end insert days of
16the complaint being served upon the defendant.

17(3) An application for an early evaluation conference and stay
18by a defendant described in subparagraph (B) of paragraph (2) of
19subdivision (b) shall include a signed declaration that states all of
20the following:

21(A) The site’s new construction or improvement was approved
22by a local building department inspector who is a certified access
23specialist.

24(B) To the best of the defendant’s knowledge there have been
25no modifications or alterations completed or commenced since
26that approval that impacted compliance with construction-related
27accessibility standards with respect to the plaintiff’s claim.

28(C) All construction related violations giving rise to the claim
29have been corrected, or will be corrected withinbegin delete 60end deletebegin insert 120end insert days of
30the complaint being served upon the defendant.

31(4) An application for an early evaluation conference and stay
32by a defendant described by subparagraph (C) of paragraph (2) of
33subdivision (b) shall include the materials listed inbegin delete paragraphs (5)
34and (6)end delete
begin insert paragraph (5)end insert of this subdivision, and shall include a signed
35declaration that statesbegin delete both of the following:end delete

36begin delete(A)end deletebegin deleteend deletebegin deleteTheend deletebegin insert that theend insert defendant is a small business that employs 25
37or fewer employees and meets the gross receipts eligibility criteria
38provided in paragraph (2) of subdivision (f) of Section 55.56.

begin delete

P8    1(B) All construction-related violations giving rise to the claim
2have been corrected, or will be corrected within 30 days of the
3complaint being served upon the defendant.

end delete
begin delete

4(5) An application for an early evaluation conference and stay
5by a small business defendant under paragraph (4) shall include
6evidence showing correction of all violations within 30 days of
7the service of the complaint and served upon the plaintiff with the
8reply unless the application is filed prior to completion of the
9corrections. In that event, the evidence shall be provided to the
10court and served upon the plaintiff within 10 days of the court
11order as provided in paragraph (4) of subdivision (d). This
12paragraph shall not be construed to extend the permissible time
13under subdivision (f) of Section 55.56 to make the corrections.

end delete
begin delete

14(6) 

end delete

15begin insert(5)end insertbegin insertend insert An application for an early evaluation conference and stay
16by a small business defendant under paragraph (4) shall also
17include both of the following, which shall be confidential
18documents filed only with the court and not served upon or
19available to the plaintiff:

20(A) Proof of the defendant’s number of employees, as shown
21by wage report forms filed with the Employment Development
22Department.

23(B) Proof of the defendant’s average gross receipts for the
24previous three years, or for the existence of the business if less
25than three years, as shown by a federal or state tax document.

begin delete

26(7) 

end delete

27begin insert(6)end insertbegin insertend insert The following provisional request and notice forms may be
28used and filed by a qualified defendant until forms are adopted by
29the Judicial Council for those purposes pursuant to subdivision
30(l):

31
32* * * * * * * * * * * * * * * * * * * * * * * * * * * * * *

33
34 NOTICE OF INCOMPLETE TEXT: Forms relating to Stay
35 of Proceedings and Early Evaluation Conference appear
36 in the hard-copy publication of the chaptered bill.
37 See pages 22 to 24 of Chapter 383, Statutes of 2012.

38
39* * * * * * * * * * * * * * * * * * * * * * * * * * * * * *

P9    1PRINTER PLEASE NOTE: TIP-IN MATERIAL TO BE
2INSERTED

[3 pages]

begin delete

P12   1(8) 

end delete

2begin insert(7)end insertbegin insertend insert The provisional forms and any replacement Judicial Council
3forms shall include the defendant’s declaration of proof of service
4of the application, the notice of the court’s order, and the court’s
5order pursuant to subdivision (d).

6(d) Upon the filing of an application for stay and early evaluation
7conference by a qualified defendant, or a defendant described by
8paragraph (2) of subdivision (b), the court shall immediately issue
9an order that does all of the following:

10(1) Grants a 90-day stay of the proceedings with respect to the
11construction-related accessibility claim, unless the plaintiff has
12obtained temporary injunctive relief that is still in place for the
13construction-related accessibility claim.

14(2) Schedules a mandatory early evaluation conference for a
15date as soon as possible from the date of the order, but in no event
16later than 70 days after issuance of the order, and in no event earlier
17than 50 days after the filing of the request.

18(3) Directs the parties, and any other person whose authority is
19required to negotiate and enter into settlement, to appear in person
20at the time set for the conference. Appearance by counsel shall not
21satisfy the requirement that the parties or those with negotiation
22and settlement authority personally appear, provided, however,
23that the court may allow a party who is unable to attend in person
24due to his or her disability to participate in the hearing by telephone
25or other alternative means or through a representative authorized
26to settle the case.

27(4) (A) Directs the qualified defendant to file with the court
28and serve on the plaintiff a copy of any relevant CASp inspection
29report at least 15 days before the date of the conference. The CASp
30inspection report is confidential and is available only as set forth
31in paragraph (5) of this subdivision and in paragraph (4) of
32subdivision (e).

33(B) Directs a defendant described by subparagraph (A) or (B)
34of paragraph (2) of subdivision (b) who has filed a declaration
35stating that the violation or violations have been corrected, or will
36be corrected withinbegin delete 60end deletebegin insert 120end insert days of service of the complaint to file
37with the court and serve on the plaintiff evidence showing
38correction of the violation or violations within 10 calendar days
39after the completion of the corrections.

begin delete

P13   1(C) Directs a defendant described by subparagraph (C) of
2paragraph (2) of subdivision (b) who has filed a declaration stating
3that the violation or violations have been corrected, or will be
4corrected within 30 days of service of the complaint to file with
5the court and serve on the plaintiff within 10 days after issuance
6of the court order evidence of correction of the violation or
7violations, if that evidence showing correction was not filed
8previously with the application and served on the plaintiff.

end delete

9(5) Directs the parties that the CASp inspection report may be
10disclosed only to the court, the parties to the action, the parties’
11attorneys, those individuals employed or retained by the attorneys
12to assist in the litigation, and insurance representatives or others
13involved in the evaluation and settlement of the case.

14(6) Directs the plaintiff to file with the court and serve on the
15defendant at least 15 days before the date of the conference a
16statement that includes, to the extent reasonably known, for use
17solely for the purpose of the early evaluation conference, all of the
18following:

19(A) An itemized list of specific conditions on the subject
20premises that are the basis of the claimed violations of
21construction-related accessibility standards in the plaintiff’s
22complaint.

23(B) The amount of damages claimed.

24(C) The amount of attorney’s fees and costs incurred to date, if
25any, that are being claimed.

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

27(e) (1) A party failing to comply with any court order may be
28subject to court sanction at the court’s discretion.

29(2) (A) The court shall lift the stay when the defendant has
30failed to file and serve the CASp inspection report prior to the
31early evaluation conference and has failed also to produce the
32report at the time of the early evaluation conference, unless the
33defendant shows good cause for that failure.

34(B) The court shall lift the stay when a defendant described by
35paragraph (2) of subdivision (b) has failed to file and serve the
36evidence showing correction of the violation or violations as
37required by law.

38(3) The court may lift the stay at the conclusion of the early
39evaluation conference upon a showing of good cause by the
40plaintiff. Good cause may include the defendant’s failure to make
P14   1reasonably timely progress toward completion of corrections noted
2by a CASp.

3(4) The CASp inspection report filed and served pursuant to
4subdivision (d) shall remain confidential throughout the stay and
5shall continue to be confidential until the conclusion of the claim,
6whether by dismissal, settlement, or final judgment, unless there
7is a showing of good cause by any party. Good cause may include
8the defendant’s failure to make reasonably timely progress toward
9completion of corrections noted by a CASp. The confidentiality
10of the inspection report shall terminate upon the conclusion of the
11claim, unless the owner of the report obtains a court order pursuant
12to the California Rules of Court to seal the record.

13(f) All discussions at the early evaluation conference shall be
14subject to Section 1152 of the Evidence Code. It is the intent of
15the Legislature that the purpose of the evaluation conference shall
16include, but not be limited to, evaluation of all of the following,
17as applicable:

18(1) Whether the defendant is entitled to the 90-day stay for some
19or all of the identified issues in the case, as a qualified defendant.

20(2) The current condition of the site and the status of any plan
21of corrections, including whether the qualified defendant has
22corrected or is willing to correct the alleged violations, and the
23timeline for doing so.

24(3) Whether subdivision (f) of Section 55.56 may be applicable
25to the case, and whether all violations giving rise to the claim have
26been corrected within the specified time periods.

27(4) Whether the case, including any claim for damages or
28injunctive relief, can be settled in whole or in part.

29(5) Whether the parties should share other information that may
30facilitate early evaluation and resolution of the dispute.

31(g) Nothing in this section precludes any party from making an
32offer to compromise pursuant to Section 998 of the Code of Civil
33Procedure.

34(h) For a claim involving a qualified defendant, as provided in
35paragraph (1) of subdivision (b), the court may schedule additional
36conferences and may extend the 90-day stay for good cause shown,
37but not to exceed one additional 90-day extension.

38(i) Early evaluation conferences shall be conducted by a superior
39court judge or commissioner, or a court early evaluation conference
40officer. A commissioner shall not be qualified to conduct early
P15   1evaluation conferences pursuant to this subdivision unless he or
2she has received training regarding disability access requirements
3imposed by the federal Americans with Disabilities Act of 1990
4(Public Law 101-336; 42 U.S.C. Sec. 12101 et seq.), state laws
5that govern access to public facilities, and federal and state
6regulations adopted pursuant to those laws. For purposes of this
7subdivision, a “court early evaluation conference officer” means
8an attorney employed by the court who has received training
9regarding disability access requirements imposed by the federal
10Americans with Disabilities Act of 1990, state laws that govern
11access to public facilities, and federal and state regulations adopted
12pursuant to those laws. Attorneys serving in this capacity may also
13be utilized by the court for other purposes not related to these
14proceedings.

15(j) Nothing in this part shall be deemed to make any inspection
16report, opinion, statement, or other finding or conclusion of a CASp
17binding on the court, or to abrogate in any manner the ultimate
18authority of the court to make all appropriate findings of fact and
19law. The CASp inspection report and any opinion, statement,
20finding, or conclusion therein shall be given the weight the trier
21of fact finds that it deserves.

22(k) Nothing in this part shall be construed to invalidate or limit
23any California construction-related accessibility standard that
24provides greater or equal protection for the rights of individuals
25with disabilities than is afforded by the federal Americans with
26 Disabilities Act (Public Law 101-336; 42 U.S.C. Sec. 12101 et
27seq.) and the federal regulations adopted pursuant to that act.

28(l) (1) The Judicial Council shall, by January 1, 2013, prepare
29and post on its Internet Web site instructions and a form for use
30by a qualified defendant, or other defendant described by paragraph
31(2) of subdivision (b), to file an application for stay and early
32evaluation conference as provided in subdivisions (b) and (c), a
33form for the court’s notice of stay and early evaluation conference,
34and any other forms appropriate to implement the provisions
35relating to early evaluation conferences. Until those forms are
36adopted, the Judicial Council shall post on its Internet Web site
37the provisional forms set forth in subdivision (c).

38(2) Until the adoption of the forms as provided in paragraph
39(1), the provisional application form may be used by a defendant
40described by paragraph (2) of subdivision (b).

P16   1(3) In lieu of the provisions specified in number 3 of page 1 of
2the application form set forth in paragraph (7) of subdivision (c),
3the application shall include one of the following declarations of
4the defendant as to the basis for the application, as follows:

5(A) That all of the following apply to a defendant described by
6subparagraph (A) of paragraph (2) of subdivision (b):

7(i) The site’s new construction or improvement was approved
8pursuant to the local building permit and inspection process on or
9after January 1, 2008, and before January 1, 2016.

10(ii) To the best of the defendant’s knowledge there have been
11no modifications or alterations completed or commenced since
12that approval that impacted compliance with construction-related
13accessibility standards with respect to the plaintiff’s claim.

14(iii) All the violations giving rise to the claim have been
15corrected, or will be corrected within 60 days of the complaint
16being served.

17(B) That all of the following apply to a defendant described by
18subparagraph (B) of paragraph (2) of subdivision (b):

19(i) The site’s new construction or improvement was approved
20by a local public building department inspector who is a certified
21access specialist.

22(ii) To the best of the defendant’s knowledge there have been
23no modifications or alterations completed or commenced since
24that approval that impacted compliance with construction-related
25accessibility standards with respect to the plaintiff’s claim.

26(iii) All the violations giving rise to the claim have been
27corrected, or will be corrected within 60 days of the complaint
28being served.

29(C) Thatbegin delete both of the following apply toend delete a defendant described
30by subparagraph (C) of paragraph (2) of subdivisionbegin delete (b):end delete

31begin delete(i)end deletebegin deleteend deletebegin deleteThe defendantend deletebegin insert (b)end insert is a small business described in paragraph
32(2) of subdivision (f) of Section 55.56.

begin delete

33(ii) The violation or violations giving rise to the claim have been
34corrected, or will be corrected within 30 days of the complaint
35being served.

end delete

36(4) In lieu of the provision specified in number 4(c) of page 1
37of the application form set forth in paragraph (7) of subdivision
38(c), the application shall include a request that the court orderbegin delete the
39defendant to do either of the following:end delete

begin deleteP17   1(A) For Aend delete begin insert aend insert defendant who has filed a declaration stating that
2all violations have been corrected, or will be corrected withinbegin delete 60end delete
3begin insert 120end insert days of service of the complaint, file with the court and serve
4on the plaintiff evidence showing correction of the violation or
5violations within 10 calendar days of the completion of the
6corrections.

begin delete

7(B) For a defendant who is a small business that has filed a
8declaration stating that all the violations have been corrected, or
9will be corrected within 30 days of the service of the complaint,
10file with the court and serve on the plaintiff evidence showing
11correction of the violation or violations within 10 calendar days
12after issuance of the court order, if that evidence showing correction
13was not filed previously with the application and served on the
14plaintiff.

end delete

15(5) The Judicial Council shall also prepare and post on its
16Internet Web site instructions and cover pages to assist plaintiffs
17and defendants, respectively, to comply with their filing
18responsibilities under subdivision (d). The cover pages shall also
19provide for the party’s declaration of proof of service of the
20pertinent document served under the court order.

21(m) The stay provisions shall not apply to any
22construction-related accessibility claim in which the plaintiff has
23been granted temporary injunctive relief that remains in place.

24(n) This section shall not apply to any action brought by the
25Attorney General, or by any district attorney, city attorney, or
26county counsel.

27(o) The amendments to this section made by Senate Bill 1186
28of the 2011-12 Regular Session of the Legislature shall apply only
29to claims filed on or after the operative date of that act. Nothing
30in this part is intended to affect any complaint filed before that
31date.

32(p) Nothing in this part is intended to affect existing law
33regarding class action requirements.

34

SEC. 2.  

Section 55.56 of the Civil Code is amended to read:

35

55.56.  

(a) begin deleteStatutory end deletebegin insertSubject to the limitation provided in
36subdivision (f), statutory end insert
damages under either subdivision (a) of
37Section 52 or subdivision (a) of Section 54.3 may be recovered in
38a construction-related accessibility claim against a place of public
39accommodation only if a violation or violations of one or more
40construction-related accessibility standards denied the plaintiff
P18   1full and equal access to the place of public accommodation on a
2particular occasion.

3(b) A plaintiff is denied full and equal access only if the plaintiff
4personally encountered the violation on a particular occasion, or
5the plaintiff was deterred from accessing a place of public
6accommodation on a particular occasion.

7(c) A violation personally encountered by a plaintiff may be
8sufficient to cause a denial of full and equal access if the plaintiff
9experienced difficulty, discomfort, or embarrassment because of
10the violation.

11(d) A plaintiff demonstrates that he or she was deterred from
12accessing a place of public accommodation on a particular occasion
13only if both of the following apply:

14(1) The plaintiff had actual knowledge of a violation or
15violations that prevented or reasonably dissuaded the plaintiff from
16accessing a place of public accommodation that the plaintiff
17intended to use on a particular occasion.

18(2) The violation or violations would have actually denied the
19plaintiff full and equal access if the plaintiff had accessed the place
20of public accommodation on that particular occasion.

21(e) Statutory damages may be assessed pursuant to subdivision
22(a) based on each particular occasion that the plaintiff was denied
23full and equal access, and not upon the number of violations of
24construction-related accessibility standards identified at the place
25of public accommodation where the denial of full and equal access
26occurred. If the place of public accommodation consists of distinct
27facilities that offer distinct services, statutory damages may be
28assessed based on each denial of full and equal access to the distinct
29facility, and not upon the number of violations of
30construction-related accessibility standards identified at the place
31of public accommodation where the denial of full and equal access
32occurred.

33(f) (1) Notwithstanding any other law, a defendant’s liability
34for statutory damages in a construction-related accessibility claim
35against a place of public accommodation is reduced to a minimum
36of one thousand dollars ($1,000) for each offense if the defendant
37demonstrates that it has corrected all construction-related violations
38that are the basis of a claim withinbegin delete 60end deletebegin insert 120end insert days of being served
39with the complaint, and the defendant demonstrates any of the
40following:

P19   1(A) The structure or area of the alleged violation was determined
2to be “CASp-inspected” or “meets applicable standards” and, to
3the best of the defendant’s knowledge, there were no modifications
4or alterations that impacted compliance with construction-related
5accessibility standards with respect to the plaintiff’s claim that
6were completed or commenced between the date of that
7determination and the particular occasion on which the plaintiff
8was allegedly denied full and equal access.

9(B) The structure or area of the alleged violation was the subject
10of an inspection report indicating “CASp determination pending”
11or “Inspected by a CASp,” and the defendant has either
12implemented reasonable measures to correct the alleged violation
13before the particular occasion on which the plaintiff was allegedly
14denied full and equal access, or the defendant was in the process
15of correcting the alleged violation within a reasonable time and
16manner before the particular occasion on which the plaintiff was
17allegedly denied full and equal access.

18(C) For a claim alleging a construction-related accessibility
19violation filed before January 1, 2018, the structure or area of the
20alleged violation was a new construction or an improvement that
21was approved by, and passed inspection by, the local building
22department permit and inspection process on or after January 1,
232008, and before January 1, 2016, and, to the best of the
24defendant’s knowledge, there were no modifications or alterations
25that impacted compliance with respect to the plaintiff’s claim that
26were completed or commenced between the completion date of
27the new construction or improvement and the particular occasion
28on which the plaintiff was allegedly denied full and equal access.

29(D) The structure or area of the alleged violation was new
30construction or an improvement that was approved by, and passed
31inspection by, a local building department official who is a certified
32access specialist, and, to the best of the defendant’s knowledge,
33there were no modifications or alterations that affected compliance
34with respect to the plaintiff’s claim that were completed or
35commenced between the completion date of the new construction
36or improvement and the particular occasion on which the plaintiff
37was allegedly denied full and equal access.

38(2) Notwithstanding any other law, begin delete a defendant’s liability for
39statutory damages in a construction-related accessibility claim
40against a place of public accommodation is reduced to a minimum
P20   1of two thousand dollars ($2,000) for each offense if the defendant
2demonstrates both of the following:end delete
begin insert statutory damages are not
3available in a construction-related accessibility claim against a
4place of public accommodation that is a small business as defined
5in subparagraph (B) for an unintentional violation.end insert

6(A) begin deleteThe defendant has corrected all construction-related
7violations that are the basis of a claim within 30 days of being
8served with the complaint. end delete
begin insertRecovery on a claim against a small
9business described in this paragraph is limited to injunctive relief
10and reasonable attorney’s fees as deemed appropriate by the court.end insert

11(B) The defendant is a small businessbegin delete thatend deletebegin insert if itend insert has employed 25
12or fewer employees on average over the past three years, or for
13the years it has been in existence if less than three years, as
14evidenced by wage report forms filed with the Economic
15Development Department, and has average annual gross receipts
16of less than three million five hundred thousand dollars
17($3,500,000) over the previous three years, or for the years it has
18been in existence if less than three years, as evidenced by federal
19or state income tax returns. The average annual gross receipts
20dollar amount shall be adjusted biannually by the Department of
21General Services for changes in the California Consumer Price
22Index for All Urban Consumers, as compiled by the Department
23of Industrial Relations. The Department of General Services shall
24post that adjusted amount on its Internet Web site.

25(3) This subdivision shall not be applicable to intentional
26violations.

27(4) Nothing in this subdivision affects the awarding of actual
28damages, or affects the awarding of treble actual damages.

29(5) This subdivision shall apply only to claims filed on or after
30the effective date of Senate Bill 1186 of the 2011-12 Regular
31Session of the Legislature. Nothing in this subdivision is intended
32to affect a complaint filed before that date.

33(g) This section does not alter the applicable law for the
34awarding of injunctive or other equitable relief for a violation or
35violations of one or more construction-related accessibility
36standards, nor alter any legal obligation of a party to mitigate
37damages.

38(h) In assessing liability under subdivision (d), in an action
39alleging multiple claims for the same construction-related
40accessibility violation on different particular occasions, the court
P21   1shall consider the reasonableness of the plaintiff’s conduct in light
2of the plaintiff’s obligation, if any, to mitigate damages.



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