Purpose and Scope of Statute for "Certified Access Specialist" or "CASp"
In chapter 549 of the 2008 Statutes (Sen. Bill No. 1608 (2007-2008 Reg. Sess.), the Legislature enacted several provisions:
a requirement that any attorney serving a complaint or sending a demand for money for a "construction-related accessibility claim" must include a notice informing the recipient, among other things, that he or she is not required to pay any money until found liable by a court and may have a right to have the action stayed pending an early evaluation conference (Sec. 55.3);
procedures for voluntary inspection of a property by a "certified access specialist" or "CASp" (Sec, 55.53);
procedures for staying actions raising construction-related accessibility claims for 90 days (extendable to 180 days), if the property has been inspected by a CASp, for the plaintiff to provide details of his or her claims, damages, and attorney fees incurred, and for the court to hold an early evaluation conference during the stay period in order to evaluate the site's current condition and progress toward correcting any alleged violations, settlement possibilities, and sharing of further information between the parties (§ 55.54); and
provisions for the court to consider written settlement offers made and rejected when determining the amount of reasonable attorney fees on a construction-related accessibility claim (§ 55.55).
(Munson v. Del Taco (2009) 46 Cal.4th 661, 677.)
2017 Amendment Concerning Commercial Property Owners or Lessors AB 2093
Requires the commercial property owner or lessor to state on every lease form or rental agreement executed on or after January 1, 2017, whether or not the premises have been inspected by a CASp specialist. The bill [requires] a commercial property owner or lessor to provide the lessee or tenant with a current disability access inspection certificate and inspection report or a copy of a CASp inspection report, as specified, if the premises have been issued an inspection report indicating that they meet applicable standards. If the premises have not been issued a disability access inspection certificate, the bill would require a statement on the lease form or rental agreement stating that, upon request of the lessee or tenant, the property owner may not prohibit a CASp inspection of the subject premises and that the parties must mutually agree on the arrangements for the time and manner of the inspection, the payment of the associated fee, and the cost of making repairs, as specified.
Requires a property owner or lessor of premises that have been subject to CASp inspection, and that remain unmodified or altered, as specified, since the date of the inspection and the lease or rental agreement with regard to construction-related accessibility standards, to provide a copy of the report that is to remain confidential except as necessary to make repairs and corrections, as specified.
Establishes a presumption that making repairs or modifications necessary to correct violations of construction-related accessibility standards that are noted in a CASp report is the responsibility of the commercial property owner or lessor unless otherwise agreed upon by the parties to the lease or rental agreement. The bill [grants] a prospective lessee or tenant the opportunity to review any CASp report prior to execution of the lease or rental agreement, and if the report is not provided at least 48 hours prior to execution of a lease or rental agreement, the bill would grant a prospective lessee or tenant the right to rescind the lease or agreement, based upon information in the report, for 72 hours after execution.
(Legislative Council Digest Assembly Bill No. 2093, An act to amend Section 1938 of the Civil Code, relating to disability access, and declaring the urgency thereof...)
CASE NAME: Martinez v. Long Bellflower, LLC, et al.
CASE NO.: BC702328
HEARING DATE: 12/6/18
DEPARTMENT: 37
CALENDAR NOS.: 4
FILING DATE: 4/12/18
FSC/TRIAL DATE: None
NOTICE: OK
MOTION: Application for Early Evaluation and Stay
MOVING PARTY: Defendant Long Bellflower, LLC
RESPONDING PARTY: Plaintiff Lorenzo Martinez
The Court GRANTS the application as described below and STAYS the proce...
..(“ADA”). Plaintiff Lorenzo Martinez (“Martinez”) contends that he is blind and that the accessible route on leading to and from the Business does not have the detectable warnings required by Title 24 of the California Code of Regulations (the California Building Code, “CBC”), creating an unnecessary risk of injury to blind and visually impaired persons. Defendant Long Bellflower, LLC (“Long Bel...
No dispositive tentative ruling is issued as to Defendant 1353 West Rosecrans, LLC’s Application for a Stay of Proceedings.
Background
Plaintiff alleges that he is a disabled person who, on February 13, 2017, was denied access to Defendant Donut Express (located at Defendant 1353 West Rosecrans, LLC) and/or to facilities therein in violation of, among other things, the Americans with Disabilitie...
..the CASp has been issued. Defendant submits photographs evidencing the correction of the alleged violations giving rise to the construction-related claims. The photographs depict the sidewalk and handicapped parking signs in front of Donut Express and seem to indicate accessibility. Defendant has noticed an Early Evaluation Conference for July 26, 2017 in connection with its request.
Legal Stan...
Defendants Menchies Frozen Yogurt and Zimar, Inc.’s unopposed Application for a Stay of Proceedings is GRANTED.
Background
Plaintiff alleges that he is a disabled person who, on November 15, 2016, was denied access to Defendant Menchie’s Frozen Yogurt and/or to facilities therein in violation of, among other things, the Unruh Civil Rights Act. Plaintiff commenced this action on May 2, 2017.
Def...
..s noticed an Early Evaluation Conference for July 26, 2017 in connection with its request.
Legal Standard
Under Cal. Civ. Code §§ 55.54(d)(4)(B) and 55.545(c)(2), a defendant may request a stay of proceedings based on a connected request for an early evaluation conference on the ground that the site at issue has been inspected by a CASp. The defendant must serve a copy of the CASp report at le...
Nature of Proceedings: Motion Strike 3rd Amended Complaint
CASE:
Alfred Pirjanians, et al. v. Windsor Capital Group, Inc., Case No. 16CV03797 (Judge Sterne)
HEARING DATE: April 9, 2018
MATTER:
Motion to Strike Portions of Plaintiffs’ Third Amended Complaint without Leave to Amend
ATTORNEYS:
Gor Mnatsakanyan for Plaintiffs Alfred Pirjanians, Arusyak Pirjanians, and Aidan Pirjanians
Zoje...
..er 22, 2015 at the Embassy Suites Hotel in Lompoc, California. At the time of the incident, plaintiff Alfred Pirjanians was a guest at the hotel along with his wife, plaintiff Arusyak Pirjanians, and their two year old son, plaintiff Aidan Pirjanians. The hotel is owned by defendant Windsor Capital Group, Inc. The room where the Pirjanianses were staying was advertised as ADA compliant and include...
TENTATIVE RULING
EARLY EVALUATION CONFERENCE
[Civil Code §55.54.]
Calendar: 9
Date: 6/9/17
Case No.: EC 066410
Case Name: Cabrera v. Einstein and Noah Corp.
Moving Party: Defendant Einstein and Noah Corp.
Responding Party: Plaintiff Gabriala Cabrera
RULING:
Conduct Early Evaluation Conference.
RELIEF REQUESTED:
High frequency litigant disclosures
Payment of high frequency litigant fil...
..ch, as the dispensers were placed out of plaintiff’s reach and the countertop on which they were located did not provide the proper knee clearance. Plaintiff alleges that defendant has violated the Americans with Disabilities Act, and Civil Code sections 54 and 54.1.
ANALYSIS:
Defendant Einstein and Noah Corp. filed an Application for Stay and Early Evaluation Conference, and the court issued...
Plaintiff’s Motion for Summary Judgment is DENIED.
Background Request for Judicial Notice Defendant New Millenium Foods, Inc. owns and operates Subway Restaurant (“Restaurant”) located at 233 S. La Cienga Blvd., Los Angeles, CA, now and did so in January 2014, with Defendant 235 S. La Cienega Blvd. Associates, LLC., owning the property located at or about 233 S. La Cienga Blvd., Los Angeles, CA....
..urt on February 24, 2014. (Complaint, ¶10.) During the course of that suit, Defendants installed a new parking space, mooting out the federal cause of action under the ADA. (Id.) Judgment was entered in favor of the Defendant on this federal cause of action. The court, declining to exercise supplemental jurisdiction, dismissed the state claims without prejudice to them being refiled in state cou...
H. Tenant’s Address for Notice:
Sonder USA Inc.
101 15th Street
San Francisco, CA 94103
Attention: Abbas Causer, General Manager, San Francisco
With a copy to:
Sonder USA Inc.
PILLSBURY WINTHROP SHAW PITTMAN LLP
THOMAS V. LORAN III CSBN
[email protected]
STACIE O. KINSER CSBN 300529
[email protected]
Four Embarcadero CenterTwenty SecondFloor
San Francisco, CA 94111
Telephone: (415) 983 1000
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AMENDED COMPLAINTF
FIRST AMENDED COMPLAINT
INTRODUCTION
Plaintiff Talkdesk, Inc. (“Plaintiff” or “Talkdesk”), by and through its attorney, hereby
complains against Defendant BXP Mission 335 LP (“BPX Mission” or “Defendant”) as follows:
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DAVID P. WASSERMAN (CA SBN 171923)
dwasserman( @wassermanstern.com
DANIEL R. STERN (CA SBN 159892)
WASSERMAN-STERN
2960 Van Ness Avenue
San Francisco, California 94109-1020
Telephone: (a3 567-9600
Facsimile: 415) 567-9696
teceet s for Plaintiff,
MOSS. ER COMPA\ TES, INC.
SUPERIOR COURT OF CALIFORNIA,
COUNTY OF SAN FRANCISCO
UNLIMITED CIVIL JURISDICTION
MOSSER COMPANIES, INC.,
Case Number: CGC-20-583899
Plaintiff,
vs. FIRST AMENDED COMPLAINT FOR
BRIAN N. FOLLAND, ESQ. [SBN: 157350]
THE FOLLAND LAW GROUP
8050 N. PALM AVE, SUITE 350
FRESNO, CA 93711
Telephone: (559) 549-3250
Facsimile: (559) 715-4071
Email: [email protected]
Attorney for Plaintiff
AMRITPALJIT RANDHAWA
Richard Morin (SBN 285275)
Bryce Fick (SBN 322951)
WN
Law Office of Rick Morin, PC
555 Capitol Mall Suite 750
FILED
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Sacramento, CA 95814-4508 Superior Court of Cal
1 DENNIS J. HERRERA, State Bar #139669
City Attorney
2 ROBB W. KAPLA, State Bar #238896 ELECTRONICALLY
Deputy City Attorney F I L E D
3 1 Dr. Carlton B. Goodlett Place Superior Court of California,
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STEPHEN H. M. WONG, SB #085093 F
ROCHESTER, WONG & SHEPARD San Francisco County &
A PROFESSIONAL CORPORATION ‘uperior Court
88 KEARNY STREET, SUITE 1850 MAR 14 20
SAN FRANCISCO, CA 94108 20
(415) 981-3880 (Telephone) OR eT
BY, :
Attorneys for Plaintiff Gary Karrass Deputy Clark
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA.
IN AND FOR THE COUNTY OF SAN FRANCISCO
GARY KARRASS, No. CUD-20-666730
Plaintiff, DECLARATION OF JILLIAN SPAAK IN
SUPPOR
Michael R. Bracamontes (SBN 242655)
Betzy Bras-Gonzalez (SBN 328716)
BRACAMONTES & VLASAK, P.C.
220 Montgomery Street, Suite 870
Bracamontes & Vlasak
A Professional Law Corporation
www.bvlawsf.com
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San Francisco, CA 94104
Phone: (415) 835-6777
Fax: (415) 835-6780
Attorneys for Plaintiff
RODRIGO LOPEZ,
Plaintiff,
vs.
1830 ALEMANY, LLC,
YOSEF TAHBAZOF,
JORGE PONCE and
DOES 1 to 20, inclusive,
ATLAS PROPERTY GROUP, INC.,
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DENNIS J. HERRERA, State Bar #139669
City Attorney
MEREDITH B. OSBORN, State Bar #250467
Chief Trial Attorney
THOMAS S. LAKRITZ, State Bar #161234
Deputy City Attorney
Fox Plaza
1390 Market Street, 6th Floor
San Francisco, California 94102-5408
Telephone: (415) 554-3963
Facsimile: (415) 554-3837
E-Mail: [email protected]
Attorneys for Defendant and Cross-Complainant
CITY AND COUNTY OF SAN FRANC
SUMMONS
(CITACION JUDICIAL)
UNLAWFUL DETAINER—EVICTION
(RETENCION ILICITA DE UN INMUEBLE—DESALOJO)
NOTICE TO DEFENDANT:
(AVISO AL DEMANDADO):
Georgia Illani Buie and Does 1-10
YOU ARE BEING SUED BY PLAINTIFF:
(LO ESTA DEMANDANDO EL DEMANDANTE):
Mark Gin
SUM-130
FOR COURT USE ONLY
(SOLO PARA USO DE LA CORTE)
'
NOTICE! You have been sued. The court may decide against
_| you without your being heard unless you respond within 5 days.
You have 5 DAYS, not counting Saturdays and Su
~ SUM-100
(CITACION JUDICIAL) [eal eee ee
NOTICE TO DEFENDANT:
(AVISO AL DEMANDADO):
WOVE TECHNOLOGIES, INC.; and DOES 1 through 30, inclusive
YOU ARE BEING SUED BY PLAINTIFF:
(LO ESTA DEMANDANDO EL DEMANDANTE):
46 GEARY, LLC
NOTICE! You have been sued. The court may decide against you without your being heard unless you respond within 30 days. Read the information
below.
You have 30 CALENDAR DAYS after this summons and legal papers are served on you to file a written response at this
a UD-100
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130 Breda, Site 700 i 2020 FEB 24 PH 3:33 |
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ATTORNEY FOR (ioro}; Plaintiff DS & Arch Road LLC
SUPERIOR ¢ SOURTO OF F CA HRORNIA, COUNTY oF SAN JOAQUIN
vntno coors 180 E. Weber Ave,
ervanozpcone: Stockton, CA 94202
BRANCH NAME:
PLAINTIFF: DS & G ARCH ROAD tLe
DEFENDANT: HARJINDER SINGH dba FRESH SLICE PIZZA
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COMPLAINT — UNLAWFUL DET
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EMAL ADDRESS (Cafanay: eTOS!
attorney ror camo: Plaintiff DS & 6 Arch Road LLC AMM
SUPERIOR COURT OF Sauer A COUNTY oF S. IOAQ
waunaanoress: 180 E, Weber Ave. |
emvaxozrcene: Stockton, CA 94202 |
BRANCH NAME:
PuainniFr; DS & G ARCH ROAD LLC
DEFENDANT: _HARJINDER SINGH dba FRESH SLICE PIZZA
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COMPLAINT — UNLAWFUL. DETAINER* , UDC.
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Ira Leshin, (State Bar No. 139768) RK [ i, BR HD)
LAW OFFICES OF IRA LESHIN San Francisco Covi Cmnrs
4040 Civic Center Drive, Suite 200 manatee Cee Sener Court
San Rafael, CA 94903 FEB 2 4 2020
Telephone: (415) 399-1000 CLERK Or jHE
Email: [email protected] BY: oF ie ooyRT
Attorney for Plaintiff Perdy Ob
DAVID TSAO
SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE CITY AND COUNTY OF SAN FRANCISCO
LIMITED JURISDICTION
DAVID TSAO, Case No.: CUD-
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Ira Leshin, (State Bar No. 139768) RK [ i, BR HD)
LAW OFFICES OF IRA LESHIN San Francisco Covi Cmnrs
4040 Civic Center Drive, Suite 200 manatee Cee Sener Court
San Rafael, CA 94903 FEB 2 4 2020
Telephone: (415) 399-1000 CLERK Or jHE
Email: [email protected] BY: oF ie ooyRT
Attorney for Plaintiff Perdy Ob
DAVID TSAO
SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE CITY AND COUNTY OF SAN FRANCISCO
LIMITED JURISDICTION
DAVID TSAO, Case No.: CUD-
SUM-100
SUMMONS FoR COURT USE ONLY
(CITAGION JUDICIAL) (5010 PARA USO DELACORTE)
NOTICE TO DEFENDANT:
(AVISO AL DEMANDADO):
STEVEN SPINGOLA and JARED WENDT, and DOES 1-10, inclusive
YOU ARE BEING SUED BY PLAINTIFF:
(LO ESTA DEMANDANDO EL DEMANDANTE):
STACEY CARTER
NOTICE! You have been sued. The court may decide against you without your being heard unless you respond within 30 days. Read the information
below.
You have 30 CALENDAR DAYS after this summons and legal papers are served on