Bill Text: CA SB585 | 2023-2024 | Regular Session | Amended
Bill Title: Disability access: construction-related accessibility claims: statutory damages: attorney’s fees and costs.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed) 2023-06-08 - Referred to Com. on JUD. [SB585 Detail]
Download: California-2023-SB585-Amended.html
|
Amended
IN
Senate
May 18, 2023 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Senate Bill
No. 585
| Introduced by Senator Niello |
February 15, 2023 |
An act to add Section 55.565 to the Civil Code, relating to disability access.
LEGISLATIVE COUNSEL'S DIGEST
SB 585, as amended, Niello.
Disability access: construction-related accessibility claims: statutory damages: attorney’s fees and costs.
Existing law prohibits discrimination on the basis of various specified personal characteristics, including disability. Existing law imposes minimum statutory damages for construction-related accessibility claims if the violation of a construction-related accessibility standard denied the plaintiff full and equal access to the place of public accommodation on a particular occasion, including by causing difficulty, discomfort, or embarrassment. Existing law, for claims filed on or after a specified date, presumes that certain technical violations do not cause a person difficulty, discomfort, or embarrassment for these purposes if specified criteria are satisfied. Existing law limits a defendant’s liability for statutory damages under specified conditions, including if a defendant corrects the construction-related violations within a specified time.
This bill would prohibit a construction-related accessibility claim for statutory damages from being initiated in a legal proceeding against a defendant who employs 50 or fewer individuals, as specified, until the defendant has been served with a demand letter specifying each alleged violation of a construction-related accessibility standard and given 120 days to correct the alleged violation. The bill would provide that a defendant is not liable for statutory damages, plaintiff’s attorney’s fees, or costs for an alleged violation that is corrected within 120 days of service of a demand letter alleging the violation. The bill would also prohibit a plaintiff from avoiding the notice and opportunity
to correct provisions and the liability limitations by claiming they are seeking general discrimination damages based on a violation of the Americans with Disabilities Act of 1990 if the underlying claim is based on a defendant’s failure to comply with physical accessibility standards under California law.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 55.565 is added to the Civil Code, to read:55.565.
(a) Notwithstanding any other law, a construction-related accessibility claim for statutory damages shall be initiated in a legal proceeding against a defendant only if both of the following apply:(1) The defendant has been served with a demand letter specifying each alleged violation of a construction-related accessibility standard.
(2) The alleged violations of construction-related accessibility standards have not been corrected within 120 days of service of the demand
letter.
(b) Service of a demand letter pursuant to this section may be accomplished by mail to the defendant pursuant to Section 415.30 of the Code of Civil Procedure, by personal delivery to the defendant pursuant to Section 415.10 of the Code of Civil Procedure, or by any other means authorized for service of a summons.
(c) A defendant shall not be liable for statutory damages, plaintiff’s attorney’s fees, or costs for an alleged violation of a construction-related accessibility standard that is corrected within 120
days of service of a demand letter alleging the violation.
(d) A plaintiff shall not be permitted to circumvent the requirements of subdivision (a) and the limitations on liability under subdivision (c) by claiming that they are seeking general discrimination damages based on a violation of the Americans with Disabilities Act of 1990, and not damages for a construction-related accessibility claim, if the underlying basis of the claim is the defendant’s alleged failure to comply with physical accessibility standards under this part.
(e) This section shall apply to any defendant who employs 50 or fewer individuals as of the date of the receipt of the
letter described in paragraph (1) of subdivision (a) or for any period over the past three years from the date of the receipt of the letter described in paragraph (1) of subdivision (a).
