Bill Text: CA AB1521 | 2015-2016 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Disability access: construction-related accessibility claims.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Passed) 2015-10-10 - Chaptered by Secretary of State - Chapter 755, Statutes of 2015. [AB1521 Detail]
Download: California-2015-AB1521-Amended.html
Bill Title: Disability access: construction-related accessibility claims.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Passed) 2015-10-10 - Chaptered by Secretary of State - Chapter 755, Statutes of 2015. [AB1521 Detail]
Download: California-2015-AB1521-Amended.html
BILL NUMBER: AB 1521 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 6, 2015
INTRODUCED BY Committee on Judiciary (Assembly Members Mark Stone
(Chair), Alejo, Chau, Chiu, Cristina Garcia, Holden, and O'Donnell)
MARCH 10, 2015
An act to amend Sections 17, 581d, 582, and 1003 of the
Code of Civil Procedure, relating to civil procedure.
Section 55.3 of the Civil Code, relating to disability access.
LEGISLATIVE COUNSEL'S DIGEST
AB 1521, as amended, Committee on Judiciary. Civil
procedure: electronic signatures. 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 an 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.
(1) Existing law provides definitions for particular terms used
within the Code of Civil Procedure, including the terms "signature"
or "subscription," which are defined to include a mark of a person,
when the person cannot write, with his or her name being written near
it by a person who writes his or her own name as a witness, as
specified.
This bill would provide that the terms "signature" or
"subscription" also include an electronic signature, defined as an
electronic image or symbol of a person's signature that is attached
to, or logically associated with, a document and executed or adopted
by the person with an intent to sign the document.
(2) Existing law provides, in a dismissal of an action by a court,
that the court is required to sign a written order and file the
order in the action, which constitutes a judgment that is effective
for all purposes. In all other cases, existing law provides that a
judgment is required to be rendered on the merits.
This bill would require all judgments to be signed by the court,
and would provide that an electronic signature is as effective as an
original signature.
The bill also would include technical changes to these provisions.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
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
shall 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 a 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:
written
(1) A written advisory on the
form described in subdivision (c),
subparagraph (B), or, until that form is available, on a
separate page or pages that are clearly distinguishable from the
demand letter or complaint, with each demand letter or
complaint sent to or served upon a defendant or potential defendant.
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. The
(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: If
ATTORNEY MISCONDUCT. Except for limited circumstances, state
law generally requires that a prelitigation demand letter from
an attorney the document accompanying this notice
is a demand letter from a lawyer and not a formal court complaint,
the lawyer is generally required by law to also provide a copy of it
to the State Bar of California, until January 1, 2016, in order that
the State Bar may determine whether the demand letter complies with
legal requirements, INCLUDING THAT THE DEMAND LETTER MAY
NOT MAKE A REQUEST OR DEMAND FOR MONEY OR AN OFFER OR AGREEMENT TO
ACCEPT MONEY. Any Moreover, a demand
letter or court complaint must list the lawyer's State Bar
license number on the document. 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.
You are encouraged, but are not required, to provide the State Bar
with a copy of the demand letter so the State Bar is aware that you
received this demand letter and may determine whether it is in
compliance with specified legal requirements. A copy of the letter
can be sent to the State Bar 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 if the matter results
in a court judgment. If you believe you qualify for reduced damages,
you may wish to consult an attorney to obtain legal advice, or
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 under the terms of your
lease for maintaining and improving some or all of the areas you
lease to operate your business.
(c)
(B) On or before July 1, 2013,
2016, the Judicial Council shall update the advisory
form that may be used by attorneys an
attorney to comply with the requirements of
subdivision (b). subparagraph (A). The
advisory form shall be in substantially the same format and
include all of the text set forth in subdivision (b).
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 may be 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) An 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 qualifies for reduced damages
pursuant to paragraph (1) or (2) of subdivision (f) of Section 55.56,
and facts supporting that assertion.
(II) 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.
(III) Any other affirmative defense the defendant wishes to
assert.
(iii) Whether the defendant made a written settlement offer that
was rejected by the plaintiff, or met with the plaintiff in a good
faith effort to negotiate a settlement of the complaint.
(iv) Any other information that the defendant believes is relevant
to his or her potential liability or damages.
(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.
(d)
(c) Subdivision (b) shall apply
applies only to a demand letter or complaint made by an
attorney. Nothing in this This section
is intended to 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, nothing in this section
requires does not require a party to provide or
send a demand letter to another party before proceeding against that
party with a civil complaint.
(e)
(d) This section shall does
not apply to any an action
brought by the Attorney General, or by any district attorney, city
attorney, or county counsel.
SECTION 1. Section 17 of the Code of Civil
Procedure is amended to read:
17. (a) Words used in this code in the present tense include the
future as well as the present. Words used in the masculine gender
include the feminine and neuter. The singular number includes the
plural and the plural number includes the singular.
(b) As used in this code, the following words have the following
meanings, unless otherwise apparent from the context:
(1) "Affinity," when applied to the marriage relation, signifies
the connection existing in consequence of marriage between each of
the married persons and the blood relatives of the other.
(2) "County" includes "city and county."
(3) "Month" means a calendar month, unless otherwise expressed.
(4) "Oath" includes an affirmation or declaration.
(A) "Depose" includes any written statement made under oath or
affirmation.
(B) "Testify" includes any mode of oral statement made under oath.
(5) "Person" includes a corporation as well as a natural person.
(6) "Process" means a writ or summons issued in the course of a
judicial proceeding.
(7) "Property" includes both personal and real property.
(A) "Personal property" includes money, goods, chattels, things in
action, and evidences of debt.
(B) "Real property" is coextensive with lands, tenements, and
hereditaments.
(8) "Section" means to a section of this code, unless some other
code or statute is expressly mentioned.
(9) "Sheriff" includes marshal.
(10) "Signature" is synonymous with "subscription," and includes
both of the following:
(A) An electronic signature, which is an electronic image or
symbol of a person's signature that is attached to, or logically
associated with, a document and executed or adopted by the person
with an intent to sign the document.
(B) A mark of a person's name, if the person cannot write, with
his or her name being written near it by a person who writes his or
her own name as a witness. In order that a mark may be acknowledged
or serve as the signature to any sworn statement, it shall be
witnessed by two persons who shall subscribe their own names as
witnesses thereto.
(11) "State," when applied to the different parts of the United
States, includes the District of Columbia and the territories of the
United States.
(12) "United States" may include the District of Columbia and the
territories of the United States.
(13) "Will" includes codicil.
(14) "Writ" means an order or precept in writing, issued in the
name of the people or of a court or judicial officer.
(15) "Writing" includes printing and typewriting.
SEC. 2. Section 581d of the Code of Civil
Procedure is amended to read:
581d. (a) A written dismissal of an action shall be entered in
the clerk's register and is effective for all purposes when so
entered.
(b) A dismissal ordered by the court shall be in the form of a
written order signed by the court and filed in the action, and, once
filed, shall constitute a judgment, which is effective for all
purposes. An electronic signature, as defined in subdivision (b) of
Section 17, of the court shall be effective as an original signature.
The clerk shall note judgments in the register of actions in the
case.
SEC. 3. Section 582 of the Code of Civil
Procedure is amended to read:
582. In all other cases, a judgment shall be rendered on the
merits. The judgment shall be signed by the court. An electronic
signature, as defined in subdivision (b) of Section 17, of the court
shall be effective as an original signature.
SEC. 4. Section 1003 of the Code of Civil
Procedure is amended to read:
1003. (a) Every direction of a court or judge, made or entered in
writing, and not included in a judgment, is denominated an order. An
application for an order is a motion.
(b) If any provision of this code requires the court to sign an
order, an electronic signature, as defined in subdivision (b) of
Section 17, of the court shall be as effective as an original
signature.
