Commercial property owners must be careful of the ADA/Unruh Act access claims filed by mills seeking $5,000 to $10,000 because your slope, or sign is missing, or faded regarding parking spots. The new laws require an attorney sending a demand letter or serving a complaint alleging a construction-related accessibility claim to provide additional information along with a new judicial council answer form.
This additional information and legal resources explain the background and some legal options to small business owners who may not realize how to minimize their liability for Americans with Disabilities Act or Unruh Act violations or how respond to a lawsuit filed against them, including to ask for an early evaluation conference. This new law also requires warnings, or a heads up on possible attorney misconduct, including that a demand letter cannot ask for money.
This law also obliges the attorney to inform the California Commission on Disability Access of the progress of the suit and whether alleged violations were remedied. This law creates additional requirements for “high-frequency” litigants. Assembly Bill 1521. Codified as Civil Code §§ 55.3, 55.32, and 55.54; Code of Civil Procedures §§ 425.50 and 425.55; and Government Code §§ 68085.35 and 70616.5. Effective Date is January 1, 2016.