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 NOTICE AND ORDER OF STAY OF PROCEEDINGS AND EARLY EVALUATION CONFERENCE CASE NUMBER (Construction-Related Accessibility Claim) Stay of Proceeding For a period of 90 days from the date 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: Dept.: the court address shown above, or Room: at the following address: 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 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 in 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. SDSC CIV-368 (New 3/10) NOTICE AND ORDER OF STAY OF PROCEEDINGS AND EARLY EVALUATION CONFERENCE Civil Code § 55.54 (Construction-Related Accessibility Claim) American LegalNet, Inc. www.FormsWorkFlow.com SHORT TITLE CASE NUMBER 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. IT IS SO ORDERED. Date: Judge/Commissioner of the Superior Court More information about this Notice and Order and the defendant's application, and instructions to assist the 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, a 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 NOTICE AND ORDER OF STAY OF PROCEEDINGS AND EARLY EVALUATION CONFERENCE SDSC CIV-368 (New 3/10) Civil Code § 55.54 (Construction-Related Accessibility Claim) American LegalNet, Inc. www.FormsWorkFlow.com