Defendants Application For Stay Of Proceedings And Early Evaluation Conference Download Free Print-Only PDF OR Purchase Interactive PDF Version of this Form
Defendants Application For Stay Of Proceedings And Early Evaluation Conference Form. This is a California form and can be use in San Diego Local County.
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Tags: Defendants Application For Stay Of Proceedings And Early Evaluation Conference, CIV-367, California Local County, San Diego
FOR COURT USE ONLY
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):
TELEPHONE NO.:
FAX NO.(Optional):
E-MAIL ADDRESS (Optional):
ATTORNEY FOR (Name):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN DIEGO
CENTRAL DIVISION, HALL OF JUSTICE, 330 W. BROADWAY, SAN DIEGO, CA 92101
EAST COUNTY DIVISION, 250 E. MAIN ST., EL CAJON, CA 92020
EAST COUNTY DIVISION, RAMONA, 1428 MONTECITO RD., RAMONA, CA 92065
NORTH COUNTY DIVISION, 325 S. MELROSE DR., VISTA, CA 92081
SOUTH COUNTY DIVISION, 500 3RD AVE., CHULA VISTA, CA 91910
PLAINTIFF
DEFENDANT
JUDGE/DEPT
DEFENDANT'S APPLICATION FOR STAY AND EARLY EVALUATION
CONFERENCE PURSUANT TO CIVIL CODE SECTION 55.54
CASE NUMBER
(Construction-Related Accessibility Claim)
(Information about this application and the filing instructions may be obtained at www.courtinfo.ca.gov/selfhelp.)
1.
Defendant (name)
requests a stay of proceeding
and early evaluation conference pursuant to Civil Code Section 55.54.
2.
The complaint in this case alleges a construction-related accessibility claim as defined under Civil Code Section 55.52(a)(1).
3.
The claim concerns a site that (check the box if the statement is true):
a.
Has been inspected by a Certified Access Specialist (CASp) and determined to be CASp inspected or CASp determination
pending and, if CASp inspected, there have been no modifications completed or commenced since the date of inspection
that may impact compliance with construction-related accessibility standards to the best of defendant's knowledge; and
b.
An inspection report by a Certified Access Specialist (CASp) relating to the site has been issued.
(Both (a) and (b) must be met for the court to order a Stay and Early Evaluation Conference.)
4.
I am requesting the court to:
a. Stay the proceedings relating to the construction-related accessibility claim.
b. Schedule an Early Evaluation Conference.
c. Order Defendant to file a confidential copy of the Certified Access Specialist (CASp) report with the court and serve a
copy of the report on the Plaintiff at least fifteen (15) days before the date of the Early Evaluation Conference, which
shall be kept confidential as set forth in Civil Code Section 55.54(d)(4).
d. Order Plaintiff to file the statement required by Civil Code Section 55.54(d)(6)(A)-(D) with the court and serve a copy of
the statement on the Defendant at least fifteen (15) days before the date of the Early Evaluation Conference.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date:
(TYPE OR PRINT NAME OF DECLARANT)
(SIGNATURE OF DECLARANT)
(TITLE OF DECLARANT)
SDSC CIV-367 (New 3/10)
DEFENDANT'S APPLICATION FOR STAY OF PROCEEDINGS
AND EARLY EVALUATION CONFERENCE
Civil Code ยง 55.54
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