CALIFORNIA SENATE BILL SB 1186

CALIFORNIA SENATE BILL SB 1186 (Disability Access)

 

For a copy of the Senate Bill SB 1186, click here.

Although SB 1186 was signed into law on September 19, 2012, most provisions will not take effect until after 1/1/13.

The stay provision of Section 9 of SB1186 of the statute takes effect immediately.

To obtain a stay, a defendant needs to show the following:

  1. a) The defendant employs fewer than 25 employees (DE-7 Form); and
  2. b) The defendant has an average gross receipt of less than $3.5 million per year for the previous three years, or for the existence of the business if less than three years (Federal or state tax documents).

Both documents under Paragraphs a) and b) will be sealed by the court and not accessible by the plaintiff.

Unlike an answer or a demurrer, an application for a stay does not require any court filing fee.¬† The court will order a stay and order an “early evaluation conference” requiring all the parties to attend.

The defendant must complete the corrective work(s) within 30 days from the service of the summons and complaint on the defendant and obtain a compliance report from a Certified Access Specialist within 10 days of the stay order.