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Notice Of Stay Of Proceedings And Early Evaluation Conference Form. This is a California form and can be use in Mendocino Local County.
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Tags: Notice Of Stay Of Proceedings And Early Evaluation Conference, California Local County, Mendocino
FOR COURT USE ONLY
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number if attorney, and address):
FAX NO. (Optional):
TELEPHONE NO.:
E-MAIL ADDRESS (Optional):
ATTORNEY FOR (Name):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
PLAINTIFF:
DEFENDANT:
CASE NUMBER:
NOTICE OF STAY OF PROCEEDINGS AND EARLY EVALUATION CONFERENCE
(CONSTRUCTION-RELATED ACCESSIBILITY CLAIM)
Stay of Proceeding
For a period of 90 days from the date of the filing of this court notice, unless otherwise ordered by the court, the parties are stayed from
taking any further action relating to the construction-related accessibility claim or claims in this case.
This stay does not apply to any construction-related accessibility claim in which the plaintiff has obtained temporary injunctive relief
which is still in place.
Notice of Early Evaluation Conference
1. This action includes a construction-related accessibility claim under Civil Code Section 55.52(a)(1) or other provision of law.
2. A defendant has requested an early evaluation conference and a stay of proceedings under Civil Code Section 55.54.
3. The early evaluation conference is scheduled as follows:
a. Date:
Time:
b. The conference will be held at
Room:
Dept.:
the court address shown above, or
at:
4. The plaintiff and defendant shall attend with any other person needed for settlement of the case unless, with court approval, a
party’s disability requires the party’s participation by a telephone appearance or other alternate means or through the personal
appearance of an authorized representative.
5. The defendant that requested the conference and stay of proceedings must file with the court and serve on all parties a copy of
the CASp report for the site that is the subject of the construction-related accessibility claim at least fifteen (15) days before the
date set for the early evaluation conference. The CASp report is confidential and only available as set forth below and in Civil
Code Section 55.54(d)(4).
6. The CASp report shall be marked "CONFIDENTIAL" and may be disclosed only to the court, the parties to the action, the parties’
attorneys, those individuals employed or retained by the attorneys to assist in the litigation, and insurance representatives or
others involved in the evaluation and settlement of the case.
7. The plaintiff shall file with the court and serve on all parties at least fifteen (15) days before the date set for the early evaluation
conference a statement of, to the extent known, all of the following:
a. An itemized list of specific issues on the subject premises that are the basis of the claimed construction-related accessibility
violations in the plaintiff’s complaint;
b. The amount of damages claimed;
c. The amount of attorney’s fees and costs incurred to date, if any, that are being claimed; and
d. Any demand for settlement of the case in its entirety.
Page 1 of 2
NOTICE OF STAY OF PROCEEDINGS AND EARLY EVALUATION CONFERENCE
(Construction-related Accessibility Claim)
Provisional Form
Civil Code § 55.54
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8. A copy of this Notice and Order and the Defendant’s Application shall be served on the plaintiff or plaintiff’s attorney by hand
delivering it or mailing it to the address listed on the complaint on the same date that the court issues the Notice and Order of
Stay of Proceeding and Early Evaluation Conference.
Date:
Clerk, by
, Deputy
More information about this Notice and Order and the defendant’s application, and instructions to assist
plaintiff and defendants in complying with this Notice and Order, may be obtained at
www.courtinfo.ca.gov/selfhelp.
Request for Accommodation
Assistive listening systems, computer-assisted real-time captioning, or sign language interpreter services are
available if you ask at least 5 days before the date on which you are to appear. Contact the clerk’s office or go to
www.courtinfo.ca.gov/forms for Request for Accommodations by Persons with Disabilities and Order
(form MC-410). (Civil Code Section 54.8)
Proof of Service
(Required from Defendant Filing Application for Stay and Early Evaluation Conference)
I served a copy of the defendant’s Application For Stay and Early Evaluation Conference Pursuant To Civil Code
Section 55.54 and the court Notice and Order of Stay of Proceedings and Early Evaluation Conference (check one):
_____ On the Plaintiff’s attorney
_____ On the Plaintiff who is not represented by an attorney.
By hand delivering it or mailing it to the address listed on the complaint on the day the Court issued this Notice and Order of Stay
of Proceedings and Early Evaluation Conference.
I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct.
Dated:
Type or Print Name
Signature
Address of named person
Page 2 of 2
NOTICE OF STAY OF PROCEEDINGS AND EARLY EVALUATION CONFERENCE
(Construction-related Accessibility Claim)
Provisional Form
Civil Code § 55.54
American LegalNet, Inc.
www.FormsWorkFlow.com