Amended IN Assembly May 04, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2962Introduced by Committee on Judiciary (Assembly Members Stone (Chair), Holden, Kalra, Maienschein, Reyes, and Robert Rivas)March 08, 2022 An act to add Section 55.4 to the Civil Code, to amend Sections 425.50 and 425.55 of, and to add Section 425.6 to, the Code of Civil Procedure, and to amend Section 70616.5 of the Government Code, amend Section 14985.6 of the Government Code, relating to disability access. LEGISLATIVE COUNSEL'S DIGESTAB 2962, as amended, Committee on Judiciary. Disability access: construction-related accessibility claims. violations.Existing law requires the California Commission on Disability Access to develop educational materials and information for use by businesses to understand their obligations to provide disability access and to facilitate compliance with construction-related accessibility standards. Existing law requires the commission to develop and make available on its internet website, or work with another agency to develop, toolkits or educational modules that would educate businesses on the accessibility requirements and to facilitate compliance with those requirements.This bill would require, by July 1, 2023, the commission to develop toolkits or educational modules that focus on construction-related accessibility violations in parking lots and exterior paths of travel, including a checklist for businesses to recognize the most common construction-related accessibility violations in those areas.Existing law, the Unruh Civil Rights Act, provides that all persons within the jurisdiction of this state, regardless of their sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status, are entitled to full and equal accommodations, advantages, facilities, privileges, or services in all business establishments. Existing law provides that a violation of the right of any individual under the federal Americans with Disabilities Act of 1990 is also a violation of specified state laws. Existing law provides that any person denied the rights provided in specific provisions of state law may recover actual and statutory damages, and allows a person with a disability or medical condition, as defined, who is aggrieved or potentially aggrieved by a violation of specific provisions of law, to bring an action to enjoin the violation.Existing law sets forth requirements for the pleading of construction-related accessibility claims, as defined, by private parties. Existing law imposes additional pleading requirements and a $1,000 filing fee, in addition to the first paper filing fee, on high-frequency litigants, as defined, who file construction-related accessibility claims.This bill would clarify, in light of the federal court of appeals decision in Arroyo v. Rosas (9th Cir. 2021) 19 F.4th 1202, and other federal district court cases, that no California law related to high-frequency litigants is intended to cause federal courts to decline to exercise supplemental jurisdiction over construction-related accessibility claims. The bill would provide that the laws related to construction-related accessibility claims, as specified, do not express a legislative intent for California courts to maintain exclusive or preferred jurisdiction over such claims, regardless of whether the claim is brought by a high-frequency litigant. The bill would also provide that the laws related to pleading construction-related accessibility claims do not express a legislative intent that federal court should deny supplemental jurisdiction.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 14985.6 of the Government Code is amended to read:14985.6. (a) A priority of the commission shall be the development and dissemination of educational materials and information to promote and facilitate disability access compliance.(b) The commission shall work with other state agencies, including the Division of the State Architect and the Department of Rehabilitation, to develop educational materials and information for use by businesses to understand its their obligations to provide disability access and to facilitate compliance with construction-related accessibility standards.(c) (1) The commission shall develop and make available on its Internet Web site, internet website, or make available on its Internet Web site internet website if developed by another governmental agency, including Americans with Disabilities Act centers, toolkits or educational modules to assist a California business to understand its obligations under the law and to facilitate compliance with respect to the top 10 alleged construction-related violations, by type, as specified in subdivision (a) of Section 14985.8. Upon(2) (A) Upon completion of this requirement, the commission shall develop and make available on its Internet Web site, internet website, or work with another agency to develop, other toolkits or educational modules that would educate businesses of on the accessibility requirements and to facilitate compliance with that requirement. those requirements.(B) By July 1, 2023, the commission shall develop toolkits or educational modules that focus on construction-related accessibility violations in parking lots and exterior paths of travel, including a checklist for businesses to recognize the most common construction-related accessibility violations in those areas.(C) The Legislature finds and declares, based upon reports of the commission, that construction-related accessibility violations in parking lots and exterior paths of travel are consistently in the top 10 alleged construction-related accessibility violations, by type, as specified in subdivision (a) of Section 14985.8.(d) The commission shall post the following on its Internet Web site: internet website:(1) Educational materials and information that will assist building owners, tenants, building officials, and building inspectors to understand the disability accessibility requirements and to facilitate compliance with disability access laws. The commission shall at least annually review the educational materials and information on disability access requirements and compliance available on the Internet Web site internet website of other local, state, or federal agencies, including Americans with Disabilities Act centers, to augment the educational materials and information developed by the commission.(2) A link to the Internet Web site internet website of the Division of the State Architects certified access specialist (CASp) program to assist building owners and tenants in locating or hiring a CASp.(e) The commission shall, to the extent feasible, coordinate with other state agencies and local building departments to ensure that information provided to the public on disability access requirements is uniform and complete, and make its educational materials and information available to those agencies and departments.SECTION 1.The Legislature finds and declares all of the following:(a)The Legislature is aware of the discussion of legislative intent in the case of Arroyo v. Rosas (9th Cir. 2021) 19 F.4th 1202, as well as the holdings of previous and subsequent federal district court cases declining to exercise supplemental jurisdiction over claims brought under subdivision (f) of Section 51 or Section 54, 54.1, or 55 of the Civil Code, or Section 19955.5 of the Health and Safety Code, based on the enactment of Sections 425.50 and 425.55 of the Code of Civil Procedure and Section 70616.5 of the Government Code and the procedural requirements set forth in those statutes. The Legislature seeks to correct misunderstandings about its original intent in enacting those statutes.(b)The Legislature clearly did not consider or endorse the goal or even the prospect of having all disability rights cases based on construction-related accessibility claims being litigated solely in California courts. In fact, when justifying the need for an urgency statute so that AB 1521 would take effect immediately, the Legislature expressed that it wanted to ensure that the courts are not overburdened and are able to provide access to the judicial system for all persons seeking redress of their construction-related accessibility claims.(c)The Legislature is aware that some federal courts are denying supplemental jurisdiction for all construction-related accessibility claims, occasionally in some instances where the claims are not brought by a high-frequency litigant. The practice of denying these claims, at least as to high-frequency litigants, was improperly endorsed in Arroyo.(d)It is the expressed intent of the Legislature that federal courts should not rely on or construe the operative or uncodified language and procedural requirements of Section 425.50 or 425.55 of the Code of Civil Procedure, the enhanced filing fees established by Section 70616.5 of the Government Code, or any other procedural requirements or limitations enacted by the Legislature with respect to construction-related accessibility claims, to deny supplemental jurisdiction over said claims brought in federal court and that denial of supplemental jurisdiction under Section 1367(c)(4) of Title 28 of the United States Code, or for any other reason, works against the interests of comity with California law. The Legislature finds that denying supplemental jurisdiction over such claims would frustrate, rather than advance, the intent of the Legislature, the interests of comity, and the administration of justice. Further, such an outcome would require California courts to litigate federal questions, create unreasonable burdens for all litigants and California courts, and delay the resolution of disputes, thereby further frustrating the purpose of Californias statutory civil rights scheme, which is to ensure that people with disabilities have full and equal access to their communities and that these matters are resolved in as prompt a fashion as possible, without undue burdens on the rights of any parties. The Legislature also hereby clarifies the fact that when enacting or amending Section 425.50 or 425.55 of the Code of Civil Procedure or Section 70616.5 of the Government Code, it was and remains the position of the Legislature that existing federal law can and does adequately address the Legislatures concerns about construction-related accessibility claims and litigation of those claims by high-frequency litigants. The Legislature was aware of federal pleading standards, as well procedural tools, such as General Order 56 of the United States District Court for the Northern District of California, and has acted with an intent to bring state law pleading standards into greater alignment with federal standards and said procedural tools.(e)Therefore, a clarification of legislative intent is required to avoid an unintended outcome and the flooding of state courts with disability rights cases and claims related to construction-related accessibility claims that can and should be adjudicated in federal courts. This is particularly true in cases where state law claims are based on the same factual allegations as violations of the federal Americans with Disabilities Act of 1990. This is true regardless of whether those cases are filed by a high-frequency litigant.(f)Accordingly, new statutes, clarifying legislative intent with respect to Sections 51, 54, 54.1, and 55 of the Civil Code, Sections 425.50 and 425.55 of the Code of Civil Procedure, and Section 70616.5 of the Government Code, among others, are hereby enacted.SEC. 2.Section 55.4 is added to the Civil Code, immediately following Section 55.32, to read:55.4.This division does not express a legislative intent to maintain exclusive or preferred jurisdiction of state courts over causes of action under Section 51, 54, 54.1, or 55 of this code, or Section 19955.5 of the Health and Safety Code, for a construction-related accessibility claim, as defined in Section 55.52, regardless of whether the cause of action is brought by a high-frequency litigant, as defined in subdivision (b) of Section 425.55 of the Code of Civil Procedure. The fact such construction-related accessibility claims may be triggered by, or related to, a violation of the federal Americans with Disabilities Act of 1990 (Public Law 101-336) is irrelevant to the legislative intent in this regard.SEC. 3.Section 425.50 of the Code of Civil Procedure is amended to read:425.50.(a)An allegation of a construction-related accessibility claim in a complaint, as defined in subdivision (a) of Section 55.52 of the Civil Code, shall state facts sufficient to allow a reasonable person to identify the basis of the violation or violations supporting the claim, including all of the following:(1)A plain language explanation of the specific access barrier or barriers the individual encountered, or by which the individual alleges they were deterred, with sufficient information about the location of the alleged barrier to enable a reasonable person to identify the access barrier.(2)The way in which the barrier denied the individual full and equal use or access, or in which it deterred the individual, on each particular occasion.(3)The date or dates of each particular occasion on which the claimant encountered the specific access barrier, or on which the claimant was deterred.(4)(A)Except in complaints that allege physical injury or damage to property, a complaint filed by or on behalf of a high-frequency litigant shall also state all of the following:(i)Whether the complaint is filed by, or on behalf of, a high-frequency litigant.(ii)In the case of a high-frequency litigant who is a plaintiff, the number of complaints alleging a construction-related accessibility claim that the high-frequency litigant has filed during the 12 months prior to filing the complaint.(iii)In the case of a high-frequency litigant who is a plaintiff, the reason the individual was in the geographic area of the defendants business.(iv)In the case of a high-frequency litigant who is a plaintiff, the reason why the individual desired to access the defendants business, including the specific commercial, business, personal, social, leisure, recreational, or other purpose.(B)As used in this section high-frequency litigant has the same meaning as set forth in subdivision (b) of Section 425.55.(b)(1)A complaint alleging a construction-related accessibility claim, as those terms are defined in subdivision (a) of Section 55.3 of the Civil Code, shall be verified by the plaintiff. A complaint filed without verification shall be subject to a motion to strike.(2)A complaint alleging a construction-related accessibility claim filed by, or on behalf of, a high-frequency litigant shall state in the caption ACTION SUBJECT TO THE SUPPLEMENTAL FEE IN GOVERNMENT CODE SECTION 70616.5.(c)A complaint alleging a construction-related accessibility claim shall be signed by at least one attorney of record in the attorneys individual name, or, if the party is not represented by an attorney, shall be signed by the party. By signing the complaint, the attorney or unrepresented party is certifying that, to the best of the persons knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, all of the following conditions are met:(1)It is not being presented primarily for an improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation.(2)The claims, defenses, and other legal contentions therein are warranted by existing law or by a nonfrivolous argument for the extension, modification, or reversal of existing law or the establishment of new law.(3)The allegations and other factual contentions have evidentiary support or, if specifically so identified, are likely to have evidentiary support after a reasonable opportunity for further investigation or discovery.(4)The denials of factual contentions are warranted on the evidence or, if specifically so identified, are reasonably based on a lack of information or belief.(d)A court may, after notice and a reasonable opportunity to respond, determine whether subdivision (c) has been violated and, if so, impose sanctions as provided in Section 128.7 for violations of subdivision (b) of Section 128.7.(e)This section does not limit the right of a plaintiff to amend a complaint under Section 472, or with leave of the court under Section 473. However, an amended pleading alleging a construction-related accessibility claim shall be pled as required by subdivision (a).(f)The determination whether an attorney is a high-frequency litigant shall be made solely on the basis of the verified complaint and any other publicly available documents. Notwithstanding any other law, no party to the proceeding may conduct discovery with respect to whether an attorney is a high-frequency litigant.(g)Notwithstanding this section or any other provision of state law governing construction-related accessibility claims, including subdivision (b) of Section 425.55 of this code and Section 70616.5 of the Government Code, it is the intent of the Legislature that federal courts should not rely on or construe the operative or uncodified language and procedural requirements of those laws to deny supplemental jurisdiction over said claims brought in federal court and that denial of supplemental jurisdiction under Section 1367(c)(4) of Title 28 of the United States Code, or for any other reason, works against the interests of comity with state law and the intent of said laws. (h)This section shall become operative on January 1, 2013.SEC. 4.Section 425.55 of the Code of Civil Procedure is amended to read:425.55.(a)The Legislature finds and declares all of the following:(1)Protection of the civil rights of persons with disabilities under both federal and state law is of the utmost importance to this state, and private enforcement is the essential means of achieving that goal, as the law has been designed.(2)According to information from the California Commission on Disability Access, more than one-half, or 54 percent, of all construction-related accessibility complaints filed between 2012 and 2014 were filed by two law firms. Forty-six percent of all complaints were filed by a total of 14 parties. Therefore, a very small number of plaintiffs have filed a disproportionately large number of the construction-related accessibility claims in the state, from 70 to 300 lawsuits each year. Moreover, these lawsuits are frequently filed against small businesses on the basis of boilerplate complaints, apparently seeking quick cash settlements rather than correction of the accessibility violation. This practice unfairly taints the reputation of other innocent disabled consumers who are merely trying to go about their daily lives accessing public accommodations as they are entitled to have full and equal access under the states Unruh Civil Rights Act (Section 51 of the Civil Code) and the federal Americans with Disability Act of 1990 (Public Law 101-336).(3)Therefore, given these special and unique circumstances, the provisions of this section are warranted for this limited group of plaintiffs. Notwithstanding subdivision (b) or any other provision of state law governing construction-related accessibility claims, including Section 425.50 of this code or Section 70616.5 of the Government Code, it is the intent of the Legislature that federal courts should not rely on or construe the operative or uncodified language and procedural requirements of those laws to deny supplemental jurisdiction over said claims brought in federal court and that denial of supplemental jurisdiction under Section 1367(c)(4) of Title 28 of the United States Code, or for any other reason, works against the interests of comity with state law and the intent of said laws. (b)For the purposes of this article, high-frequency litigant means a person, except as specified in paragraph (3), who utilizes court resources in actions arising from alleged construction-related access violations at such a high level that it is appropriate that additional safeguards apply so as to ensure that the claims are warranted. A high-frequency litigant means one or more of the following:(1)A plaintiff who has filed 10 or more complaints alleging a construction-related accessibility violation within the 12-month period immediately preceding the filing of the current complaint alleging a construction-related accessibility violation.(2)An attorney who has represented as attorney of record 10 or more high-frequency litigant plaintiffs in actions that were resolved within the 12-month period immediately preceding the filing of the current complaint alleging a construction-related accessibility violation, excluding all of the following actions:(A)An action in which an early evaluation conference was held pursuant to Section 55.54 of the Civil Code.(B)An action in which judgment was entered in favor of the plaintiff.(C)An action in which the construction-related accessibility violations alleged in the complaint were remedied in whole or in part, or a favorable result was achieved, after the plaintiff filed a complaint or provided a demand letter, as defined in Section 55.3 of the Civil Code.(3)This section does not apply to an attorney employed or retained by a qualified legal services project or a qualified support center, as defined in Section 6213 of the Business and Professions Code, when acting within the scope of employment to represent a client in asserting a construction-related accessibility claim, or the client in such a case.SEC. 5.Section 425.6 is added to the Code of Civil Procedure, to read:425.6.This article does not express a legislative intent to maintain exclusive or preferred jurisdiction of state courts over causes of action under Section 51, 54, 54.1, or 55 of the Civil Code, or Section 19955.5 of the Health and Safety Code, for a construction-related accessibility claim, as defined in Section 55.52 of the Civil Code, regardless of whether the cause of action is brought by a high-frequency litigant, as defined in subdivision (b) of Section 425.55. The fact such construction-related accessibility claims may be triggered by, or related to, a violation of the Americans with Disabilities Act of 1990 is irrelevant to the legislative intent in this regard.SEC. 6.Section 70616.5 of the Government Code is amended to read:70616.5.(a)In addition to the first paper filing fee required by Section 70611 or 70613, a single high-frequency litigant fee shall be paid to the clerk on behalf of a plaintiff who is a high-frequency litigant, as that term is defined in Section 425.55 of the Code of Civil Procedure, at the time of the filing of the first paper if the complaint alleges a construction-related accessibility claim, as those terms are defined in subdivision (a) of Section 55.3 of the Civil Code.(b)The fee established by this section shall be one thousand dollars ($1,000). The fee shall be transmitted as provided in Section 68085.35.(c)Failure to pay the fees required by this section shall have the same effect as the failure to pay a filing fee, and shall be subject to the same enforcement and penalties.(d)This section does not express a legislative intent to maintain exclusive or preferred jurisdiction of state courts over causes of action under Section 51, 54, 54.1, or 55 of the Civil Code, or Section 19955.5 of the Health and Safety Code, for a construction-related accessibility claim, as defined in Section 55.52 of the Civil Code, regardless of whether the cause of action is brought by a high-frequency litigant. The fact such construction-related accessibility claims may be triggered by, or related to, a violation of the federal Americans with Disabilities Act of 1990 (Public Law 101-336) is irrelevant to the legislative intent in this regard.
Amended IN Assembly May 04, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2962Introduced by Committee on Judiciary (Assembly Members Stone (Chair), Holden, Kalra, Maienschein, Reyes, and Robert Rivas)March 08, 2022 An act to add Section 55.4 to the Civil Code, to amend Sections 425.50 and 425.55 of, and to add Section 425.6 to, the Code of Civil Procedure, and to amend Section 70616.5 of the Government Code, amend Section 14985.6 of the Government Code, relating to disability access. LEGISLATIVE COUNSEL'S DIGESTAB 2962, as amended, Committee on Judiciary. Disability access: construction-related accessibility claims. violations.Existing law requires the California Commission on Disability Access to develop educational materials and information for use by businesses to understand their obligations to provide disability access and to facilitate compliance with construction-related accessibility standards. Existing law requires the commission to develop and make available on its internet website, or work with another agency to develop, toolkits or educational modules that would educate businesses on the accessibility requirements and to facilitate compliance with those requirements.This bill would require, by July 1, 2023, the commission to develop toolkits or educational modules that focus on construction-related accessibility violations in parking lots and exterior paths of travel, including a checklist for businesses to recognize the most common construction-related accessibility violations in those areas.Existing law, the Unruh Civil Rights Act, provides that all persons within the jurisdiction of this state, regardless of their sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status, are entitled to full and equal accommodations, advantages, facilities, privileges, or services in all business establishments. Existing law provides that a violation of the right of any individual under the federal Americans with Disabilities Act of 1990 is also a violation of specified state laws. Existing law provides that any person denied the rights provided in specific provisions of state law may recover actual and statutory damages, and allows a person with a disability or medical condition, as defined, who is aggrieved or potentially aggrieved by a violation of specific provisions of law, to bring an action to enjoin the violation.Existing law sets forth requirements for the pleading of construction-related accessibility claims, as defined, by private parties. Existing law imposes additional pleading requirements and a $1,000 filing fee, in addition to the first paper filing fee, on high-frequency litigants, as defined, who file construction-related accessibility claims.This bill would clarify, in light of the federal court of appeals decision in Arroyo v. Rosas (9th Cir. 2021) 19 F.4th 1202, and other federal district court cases, that no California law related to high-frequency litigants is intended to cause federal courts to decline to exercise supplemental jurisdiction over construction-related accessibility claims. The bill would provide that the laws related to construction-related accessibility claims, as specified, do not express a legislative intent for California courts to maintain exclusive or preferred jurisdiction over such claims, regardless of whether the claim is brought by a high-frequency litigant. The bill would also provide that the laws related to pleading construction-related accessibility claims do not express a legislative intent that federal court should deny supplemental jurisdiction.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO
Amended IN Assembly May 04, 2022
Amended IN Assembly May 04, 2022
CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION
Assembly Bill
No. 2962
Introduced by Committee on Judiciary (Assembly Members Stone (Chair), Holden, Kalra, Maienschein, Reyes, and Robert Rivas)March 08, 2022
Introduced by Committee on Judiciary (Assembly Members Stone (Chair), Holden, Kalra, Maienschein, Reyes, and Robert Rivas)
March 08, 2022
An act to add Section 55.4 to the Civil Code, to amend Sections 425.50 and 425.55 of, and to add Section 425.6 to, the Code of Civil Procedure, and to amend Section 70616.5 of the Government Code, amend Section 14985.6 of the Government Code, relating to disability access.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 2962, as amended, Committee on Judiciary. Disability access: construction-related accessibility claims. violations.
Existing law requires the California Commission on Disability Access to develop educational materials and information for use by businesses to understand their obligations to provide disability access and to facilitate compliance with construction-related accessibility standards. Existing law requires the commission to develop and make available on its internet website, or work with another agency to develop, toolkits or educational modules that would educate businesses on the accessibility requirements and to facilitate compliance with those requirements.This bill would require, by July 1, 2023, the commission to develop toolkits or educational modules that focus on construction-related accessibility violations in parking lots and exterior paths of travel, including a checklist for businesses to recognize the most common construction-related accessibility violations in those areas.Existing law, the Unruh Civil Rights Act, provides that all persons within the jurisdiction of this state, regardless of their sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status, are entitled to full and equal accommodations, advantages, facilities, privileges, or services in all business establishments. Existing law provides that a violation of the right of any individual under the federal Americans with Disabilities Act of 1990 is also a violation of specified state laws. Existing law provides that any person denied the rights provided in specific provisions of state law may recover actual and statutory damages, and allows a person with a disability or medical condition, as defined, who is aggrieved or potentially aggrieved by a violation of specific provisions of law, to bring an action to enjoin the violation.Existing law sets forth requirements for the pleading of construction-related accessibility claims, as defined, by private parties. Existing law imposes additional pleading requirements and a $1,000 filing fee, in addition to the first paper filing fee, on high-frequency litigants, as defined, who file construction-related accessibility claims.This bill would clarify, in light of the federal court of appeals decision in Arroyo v. Rosas (9th Cir. 2021) 19 F.4th 1202, and other federal district court cases, that no California law related to high-frequency litigants is intended to cause federal courts to decline to exercise supplemental jurisdiction over construction-related accessibility claims. The bill would provide that the laws related to construction-related accessibility claims, as specified, do not express a legislative intent for California courts to maintain exclusive or preferred jurisdiction over such claims, regardless of whether the claim is brought by a high-frequency litigant. The bill would also provide that the laws related to pleading construction-related accessibility claims do not express a legislative intent that federal court should deny supplemental jurisdiction.
Existing law requires the California Commission on Disability Access to develop educational materials and information for use by businesses to understand their obligations to provide disability access and to facilitate compliance with construction-related accessibility standards. Existing law requires the commission to develop and make available on its internet website, or work with another agency to develop, toolkits or educational modules that would educate businesses on the accessibility requirements and to facilitate compliance with those requirements.
This bill would require, by July 1, 2023, the commission to develop toolkits or educational modules that focus on construction-related accessibility violations in parking lots and exterior paths of travel, including a checklist for businesses to recognize the most common construction-related accessibility violations in those areas.
Existing law, the Unruh Civil Rights Act, provides that all persons within the jurisdiction of this state, regardless of their sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status, are entitled to full and equal accommodations, advantages, facilities, privileges, or services in all business establishments. Existing law provides that a violation of the right of any individual under the federal Americans with Disabilities Act of 1990 is also a violation of specified state laws. Existing law provides that any person denied the rights provided in specific provisions of state law may recover actual and statutory damages, and allows a person with a disability or medical condition, as defined, who is aggrieved or potentially aggrieved by a violation of specific provisions of law, to bring an action to enjoin the violation.
Existing law sets forth requirements for the pleading of construction-related accessibility claims, as defined, by private parties. Existing law imposes additional pleading requirements and a $1,000 filing fee, in addition to the first paper filing fee, on high-frequency litigants, as defined, who file construction-related accessibility claims.
This bill would clarify, in light of the federal court of appeals decision in Arroyo v. Rosas (9th Cir. 2021) 19 F.4th 1202, and other federal district court cases, that no California law related to high-frequency litigants is intended to cause federal courts to decline to exercise supplemental jurisdiction over construction-related accessibility claims. The bill would provide that the laws related to construction-related accessibility claims, as specified, do not express a legislative intent for California courts to maintain exclusive or preferred jurisdiction over such claims, regardless of whether the claim is brought by a high-frequency litigant. The bill would also provide that the laws related to pleading construction-related accessibility claims do not express a legislative intent that federal court should deny supplemental jurisdiction.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 14985.6 of the Government Code is amended to read:14985.6. (a) A priority of the commission shall be the development and dissemination of educational materials and information to promote and facilitate disability access compliance.(b) The commission shall work with other state agencies, including the Division of the State Architect and the Department of Rehabilitation, to develop educational materials and information for use by businesses to understand its their obligations to provide disability access and to facilitate compliance with construction-related accessibility standards.(c) (1) The commission shall develop and make available on its Internet Web site, internet website, or make available on its Internet Web site internet website if developed by another governmental agency, including Americans with Disabilities Act centers, toolkits or educational modules to assist a California business to understand its obligations under the law and to facilitate compliance with respect to the top 10 alleged construction-related violations, by type, as specified in subdivision (a) of Section 14985.8. Upon(2) (A) Upon completion of this requirement, the commission shall develop and make available on its Internet Web site, internet website, or work with another agency to develop, other toolkits or educational modules that would educate businesses of on the accessibility requirements and to facilitate compliance with that requirement. those requirements.(B) By July 1, 2023, the commission shall develop toolkits or educational modules that focus on construction-related accessibility violations in parking lots and exterior paths of travel, including a checklist for businesses to recognize the most common construction-related accessibility violations in those areas.(C) The Legislature finds and declares, based upon reports of the commission, that construction-related accessibility violations in parking lots and exterior paths of travel are consistently in the top 10 alleged construction-related accessibility violations, by type, as specified in subdivision (a) of Section 14985.8.(d) The commission shall post the following on its Internet Web site: internet website:(1) Educational materials and information that will assist building owners, tenants, building officials, and building inspectors to understand the disability accessibility requirements and to facilitate compliance with disability access laws. The commission shall at least annually review the educational materials and information on disability access requirements and compliance available on the Internet Web site internet website of other local, state, or federal agencies, including Americans with Disabilities Act centers, to augment the educational materials and information developed by the commission.(2) A link to the Internet Web site internet website of the Division of the State Architects certified access specialist (CASp) program to assist building owners and tenants in locating or hiring a CASp.(e) The commission shall, to the extent feasible, coordinate with other state agencies and local building departments to ensure that information provided to the public on disability access requirements is uniform and complete, and make its educational materials and information available to those agencies and departments.SECTION 1.The Legislature finds and declares all of the following:(a)The Legislature is aware of the discussion of legislative intent in the case of Arroyo v. Rosas (9th Cir. 2021) 19 F.4th 1202, as well as the holdings of previous and subsequent federal district court cases declining to exercise supplemental jurisdiction over claims brought under subdivision (f) of Section 51 or Section 54, 54.1, or 55 of the Civil Code, or Section 19955.5 of the Health and Safety Code, based on the enactment of Sections 425.50 and 425.55 of the Code of Civil Procedure and Section 70616.5 of the Government Code and the procedural requirements set forth in those statutes. The Legislature seeks to correct misunderstandings about its original intent in enacting those statutes.(b)The Legislature clearly did not consider or endorse the goal or even the prospect of having all disability rights cases based on construction-related accessibility claims being litigated solely in California courts. In fact, when justifying the need for an urgency statute so that AB 1521 would take effect immediately, the Legislature expressed that it wanted to ensure that the courts are not overburdened and are able to provide access to the judicial system for all persons seeking redress of their construction-related accessibility claims.(c)The Legislature is aware that some federal courts are denying supplemental jurisdiction for all construction-related accessibility claims, occasionally in some instances where the claims are not brought by a high-frequency litigant. The practice of denying these claims, at least as to high-frequency litigants, was improperly endorsed in Arroyo.(d)It is the expressed intent of the Legislature that federal courts should not rely on or construe the operative or uncodified language and procedural requirements of Section 425.50 or 425.55 of the Code of Civil Procedure, the enhanced filing fees established by Section 70616.5 of the Government Code, or any other procedural requirements or limitations enacted by the Legislature with respect to construction-related accessibility claims, to deny supplemental jurisdiction over said claims brought in federal court and that denial of supplemental jurisdiction under Section 1367(c)(4) of Title 28 of the United States Code, or for any other reason, works against the interests of comity with California law. The Legislature finds that denying supplemental jurisdiction over such claims would frustrate, rather than advance, the intent of the Legislature, the interests of comity, and the administration of justice. Further, such an outcome would require California courts to litigate federal questions, create unreasonable burdens for all litigants and California courts, and delay the resolution of disputes, thereby further frustrating the purpose of Californias statutory civil rights scheme, which is to ensure that people with disabilities have full and equal access to their communities and that these matters are resolved in as prompt a fashion as possible, without undue burdens on the rights of any parties. The Legislature also hereby clarifies the fact that when enacting or amending Section 425.50 or 425.55 of the Code of Civil Procedure or Section 70616.5 of the Government Code, it was and remains the position of the Legislature that existing federal law can and does adequately address the Legislatures concerns about construction-related accessibility claims and litigation of those claims by high-frequency litigants. The Legislature was aware of federal pleading standards, as well procedural tools, such as General Order 56 of the United States District Court for the Northern District of California, and has acted with an intent to bring state law pleading standards into greater alignment with federal standards and said procedural tools.(e)Therefore, a clarification of legislative intent is required to avoid an unintended outcome and the flooding of state courts with disability rights cases and claims related to construction-related accessibility claims that can and should be adjudicated in federal courts. This is particularly true in cases where state law claims are based on the same factual allegations as violations of the federal Americans with Disabilities Act of 1990. This is true regardless of whether those cases are filed by a high-frequency litigant.(f)Accordingly, new statutes, clarifying legislative intent with respect to Sections 51, 54, 54.1, and 55 of the Civil Code, Sections 425.50 and 425.55 of the Code of Civil Procedure, and Section 70616.5 of the Government Code, among others, are hereby enacted.SEC. 2.Section 55.4 is added to the Civil Code, immediately following Section 55.32, to read:55.4.This division does not express a legislative intent to maintain exclusive or preferred jurisdiction of state courts over causes of action under Section 51, 54, 54.1, or 55 of this code, or Section 19955.5 of the Health and Safety Code, for a construction-related accessibility claim, as defined in Section 55.52, regardless of whether the cause of action is brought by a high-frequency litigant, as defined in subdivision (b) of Section 425.55 of the Code of Civil Procedure. The fact such construction-related accessibility claims may be triggered by, or related to, a violation of the federal Americans with Disabilities Act of 1990 (Public Law 101-336) is irrelevant to the legislative intent in this regard.SEC. 3.Section 425.50 of the Code of Civil Procedure is amended to read:425.50.(a)An allegation of a construction-related accessibility claim in a complaint, as defined in subdivision (a) of Section 55.52 of the Civil Code, shall state facts sufficient to allow a reasonable person to identify the basis of the violation or violations supporting the claim, including all of the following:(1)A plain language explanation of the specific access barrier or barriers the individual encountered, or by which the individual alleges they were deterred, with sufficient information about the location of the alleged barrier to enable a reasonable person to identify the access barrier.(2)The way in which the barrier denied the individual full and equal use or access, or in which it deterred the individual, on each particular occasion.(3)The date or dates of each particular occasion on which the claimant encountered the specific access barrier, or on which the claimant was deterred.(4)(A)Except in complaints that allege physical injury or damage to property, a complaint filed by or on behalf of a high-frequency litigant shall also state all of the following:(i)Whether the complaint is filed by, or on behalf of, a high-frequency litigant.(ii)In the case of a high-frequency litigant who is a plaintiff, the number of complaints alleging a construction-related accessibility claim that the high-frequency litigant has filed during the 12 months prior to filing the complaint.(iii)In the case of a high-frequency litigant who is a plaintiff, the reason the individual was in the geographic area of the defendants business.(iv)In the case of a high-frequency litigant who is a plaintiff, the reason why the individual desired to access the defendants business, including the specific commercial, business, personal, social, leisure, recreational, or other purpose.(B)As used in this section high-frequency litigant has the same meaning as set forth in subdivision (b) of Section 425.55.(b)(1)A complaint alleging a construction-related accessibility claim, as those terms are defined in subdivision (a) of Section 55.3 of the Civil Code, shall be verified by the plaintiff. A complaint filed without verification shall be subject to a motion to strike.(2)A complaint alleging a construction-related accessibility claim filed by, or on behalf of, a high-frequency litigant shall state in the caption ACTION SUBJECT TO THE SUPPLEMENTAL FEE IN GOVERNMENT CODE SECTION 70616.5.(c)A complaint alleging a construction-related accessibility claim shall be signed by at least one attorney of record in the attorneys individual name, or, if the party is not represented by an attorney, shall be signed by the party. By signing the complaint, the attorney or unrepresented party is certifying that, to the best of the persons knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, all of the following conditions are met:(1)It is not being presented primarily for an improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation.(2)The claims, defenses, and other legal contentions therein are warranted by existing law or by a nonfrivolous argument for the extension, modification, or reversal of existing law or the establishment of new law.(3)The allegations and other factual contentions have evidentiary support or, if specifically so identified, are likely to have evidentiary support after a reasonable opportunity for further investigation or discovery.(4)The denials of factual contentions are warranted on the evidence or, if specifically so identified, are reasonably based on a lack of information or belief.(d)A court may, after notice and a reasonable opportunity to respond, determine whether subdivision (c) has been violated and, if so, impose sanctions as provided in Section 128.7 for violations of subdivision (b) of Section 128.7.(e)This section does not limit the right of a plaintiff to amend a complaint under Section 472, or with leave of the court under Section 473. However, an amended pleading alleging a construction-related accessibility claim shall be pled as required by subdivision (a).(f)The determination whether an attorney is a high-frequency litigant shall be made solely on the basis of the verified complaint and any other publicly available documents. Notwithstanding any other law, no party to the proceeding may conduct discovery with respect to whether an attorney is a high-frequency litigant.(g)Notwithstanding this section or any other provision of state law governing construction-related accessibility claims, including subdivision (b) of Section 425.55 of this code and Section 70616.5 of the Government Code, it is the intent of the Legislature that federal courts should not rely on or construe the operative or uncodified language and procedural requirements of those laws to deny supplemental jurisdiction over said claims brought in federal court and that denial of supplemental jurisdiction under Section 1367(c)(4) of Title 28 of the United States Code, or for any other reason, works against the interests of comity with state law and the intent of said laws. (h)This section shall become operative on January 1, 2013.SEC. 4.Section 425.55 of the Code of Civil Procedure is amended to read:425.55.(a)The Legislature finds and declares all of the following:(1)Protection of the civil rights of persons with disabilities under both federal and state law is of the utmost importance to this state, and private enforcement is the essential means of achieving that goal, as the law has been designed.(2)According to information from the California Commission on Disability Access, more than one-half, or 54 percent, of all construction-related accessibility complaints filed between 2012 and 2014 were filed by two law firms. Forty-six percent of all complaints were filed by a total of 14 parties. Therefore, a very small number of plaintiffs have filed a disproportionately large number of the construction-related accessibility claims in the state, from 70 to 300 lawsuits each year. Moreover, these lawsuits are frequently filed against small businesses on the basis of boilerplate complaints, apparently seeking quick cash settlements rather than correction of the accessibility violation. This practice unfairly taints the reputation of other innocent disabled consumers who are merely trying to go about their daily lives accessing public accommodations as they are entitled to have full and equal access under the states Unruh Civil Rights Act (Section 51 of the Civil Code) and the federal Americans with Disability Act of 1990 (Public Law 101-336).(3)Therefore, given these special and unique circumstances, the provisions of this section are warranted for this limited group of plaintiffs. Notwithstanding subdivision (b) or any other provision of state law governing construction-related accessibility claims, including Section 425.50 of this code or Section 70616.5 of the Government Code, it is the intent of the Legislature that federal courts should not rely on or construe the operative or uncodified language and procedural requirements of those laws to deny supplemental jurisdiction over said claims brought in federal court and that denial of supplemental jurisdiction under Section 1367(c)(4) of Title 28 of the United States Code, or for any other reason, works against the interests of comity with state law and the intent of said laws. (b)For the purposes of this article, high-frequency litigant means a person, except as specified in paragraph (3), who utilizes court resources in actions arising from alleged construction-related access violations at such a high level that it is appropriate that additional safeguards apply so as to ensure that the claims are warranted. A high-frequency litigant means one or more of the following:(1)A plaintiff who has filed 10 or more complaints alleging a construction-related accessibility violation within the 12-month period immediately preceding the filing of the current complaint alleging a construction-related accessibility violation.(2)An attorney who has represented as attorney of record 10 or more high-frequency litigant plaintiffs in actions that were resolved within the 12-month period immediately preceding the filing of the current complaint alleging a construction-related accessibility violation, excluding all of the following actions:(A)An action in which an early evaluation conference was held pursuant to Section 55.54 of the Civil Code.(B)An action in which judgment was entered in favor of the plaintiff.(C)An action in which the construction-related accessibility violations alleged in the complaint were remedied in whole or in part, or a favorable result was achieved, after the plaintiff filed a complaint or provided a demand letter, as defined in Section 55.3 of the Civil Code.(3)This section does not apply to an attorney employed or retained by a qualified legal services project or a qualified support center, as defined in Section 6213 of the Business and Professions Code, when acting within the scope of employment to represent a client in asserting a construction-related accessibility claim, or the client in such a case.SEC. 5.Section 425.6 is added to the Code of Civil Procedure, to read:425.6.This article does not express a legislative intent to maintain exclusive or preferred jurisdiction of state courts over causes of action under Section 51, 54, 54.1, or 55 of the Civil Code, or Section 19955.5 of the Health and Safety Code, for a construction-related accessibility claim, as defined in Section 55.52 of the Civil Code, regardless of whether the cause of action is brought by a high-frequency litigant, as defined in subdivision (b) of Section 425.55. The fact such construction-related accessibility claims may be triggered by, or related to, a violation of the Americans with Disabilities Act of 1990 is irrelevant to the legislative intent in this regard.SEC. 6.Section 70616.5 of the Government Code is amended to read:70616.5.(a)In addition to the first paper filing fee required by Section 70611 or 70613, a single high-frequency litigant fee shall be paid to the clerk on behalf of a plaintiff who is a high-frequency litigant, as that term is defined in Section 425.55 of the Code of Civil Procedure, at the time of the filing of the first paper if the complaint alleges a construction-related accessibility claim, as those terms are defined in subdivision (a) of Section 55.3 of the Civil Code.(b)The fee established by this section shall be one thousand dollars ($1,000). The fee shall be transmitted as provided in Section 68085.35.(c)Failure to pay the fees required by this section shall have the same effect as the failure to pay a filing fee, and shall be subject to the same enforcement and penalties.(d)This section does not express a legislative intent to maintain exclusive or preferred jurisdiction of state courts over causes of action under Section 51, 54, 54.1, or 55 of the Civil Code, or Section 19955.5 of the Health and Safety Code, for a construction-related accessibility claim, as defined in Section 55.52 of the Civil Code, regardless of whether the cause of action is brought by a high-frequency litigant. The fact such construction-related accessibility claims may be triggered by, or related to, a violation of the federal Americans with Disabilities Act of 1990 (Public Law 101-336) is irrelevant to the legislative intent in this regard.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 14985.6 of the Government Code is amended to read:14985.6. (a) A priority of the commission shall be the development and dissemination of educational materials and information to promote and facilitate disability access compliance.(b) The commission shall work with other state agencies, including the Division of the State Architect and the Department of Rehabilitation, to develop educational materials and information for use by businesses to understand its their obligations to provide disability access and to facilitate compliance with construction-related accessibility standards.(c) (1) The commission shall develop and make available on its Internet Web site, internet website, or make available on its Internet Web site internet website if developed by another governmental agency, including Americans with Disabilities Act centers, toolkits or educational modules to assist a California business to understand its obligations under the law and to facilitate compliance with respect to the top 10 alleged construction-related violations, by type, as specified in subdivision (a) of Section 14985.8. Upon(2) (A) Upon completion of this requirement, the commission shall develop and make available on its Internet Web site, internet website, or work with another agency to develop, other toolkits or educational modules that would educate businesses of on the accessibility requirements and to facilitate compliance with that requirement. those requirements.(B) By July 1, 2023, the commission shall develop toolkits or educational modules that focus on construction-related accessibility violations in parking lots and exterior paths of travel, including a checklist for businesses to recognize the most common construction-related accessibility violations in those areas.(C) The Legislature finds and declares, based upon reports of the commission, that construction-related accessibility violations in parking lots and exterior paths of travel are consistently in the top 10 alleged construction-related accessibility violations, by type, as specified in subdivision (a) of Section 14985.8.(d) The commission shall post the following on its Internet Web site: internet website:(1) Educational materials and information that will assist building owners, tenants, building officials, and building inspectors to understand the disability accessibility requirements and to facilitate compliance with disability access laws. The commission shall at least annually review the educational materials and information on disability access requirements and compliance available on the Internet Web site internet website of other local, state, or federal agencies, including Americans with Disabilities Act centers, to augment the educational materials and information developed by the commission.(2) A link to the Internet Web site internet website of the Division of the State Architects certified access specialist (CASp) program to assist building owners and tenants in locating or hiring a CASp.(e) The commission shall, to the extent feasible, coordinate with other state agencies and local building departments to ensure that information provided to the public on disability access requirements is uniform and complete, and make its educational materials and information available to those agencies and departments.
SECTION 1. Section 14985.6 of the Government Code is amended to read:
### SECTION 1.
14985.6. (a) A priority of the commission shall be the development and dissemination of educational materials and information to promote and facilitate disability access compliance.(b) The commission shall work with other state agencies, including the Division of the State Architect and the Department of Rehabilitation, to develop educational materials and information for use by businesses to understand its their obligations to provide disability access and to facilitate compliance with construction-related accessibility standards.(c) (1) The commission shall develop and make available on its Internet Web site, internet website, or make available on its Internet Web site internet website if developed by another governmental agency, including Americans with Disabilities Act centers, toolkits or educational modules to assist a California business to understand its obligations under the law and to facilitate compliance with respect to the top 10 alleged construction-related violations, by type, as specified in subdivision (a) of Section 14985.8. Upon(2) (A) Upon completion of this requirement, the commission shall develop and make available on its Internet Web site, internet website, or work with another agency to develop, other toolkits or educational modules that would educate businesses of on the accessibility requirements and to facilitate compliance with that requirement. those requirements.(B) By July 1, 2023, the commission shall develop toolkits or educational modules that focus on construction-related accessibility violations in parking lots and exterior paths of travel, including a checklist for businesses to recognize the most common construction-related accessibility violations in those areas.(C) The Legislature finds and declares, based upon reports of the commission, that construction-related accessibility violations in parking lots and exterior paths of travel are consistently in the top 10 alleged construction-related accessibility violations, by type, as specified in subdivision (a) of Section 14985.8.(d) The commission shall post the following on its Internet Web site: internet website:(1) Educational materials and information that will assist building owners, tenants, building officials, and building inspectors to understand the disability accessibility requirements and to facilitate compliance with disability access laws. The commission shall at least annually review the educational materials and information on disability access requirements and compliance available on the Internet Web site internet website of other local, state, or federal agencies, including Americans with Disabilities Act centers, to augment the educational materials and information developed by the commission.(2) A link to the Internet Web site internet website of the Division of the State Architects certified access specialist (CASp) program to assist building owners and tenants in locating or hiring a CASp.(e) The commission shall, to the extent feasible, coordinate with other state agencies and local building departments to ensure that information provided to the public on disability access requirements is uniform and complete, and make its educational materials and information available to those agencies and departments.
14985.6. (a) A priority of the commission shall be the development and dissemination of educational materials and information to promote and facilitate disability access compliance.(b) The commission shall work with other state agencies, including the Division of the State Architect and the Department of Rehabilitation, to develop educational materials and information for use by businesses to understand its their obligations to provide disability access and to facilitate compliance with construction-related accessibility standards.(c) (1) The commission shall develop and make available on its Internet Web site, internet website, or make available on its Internet Web site internet website if developed by another governmental agency, including Americans with Disabilities Act centers, toolkits or educational modules to assist a California business to understand its obligations under the law and to facilitate compliance with respect to the top 10 alleged construction-related violations, by type, as specified in subdivision (a) of Section 14985.8. Upon(2) (A) Upon completion of this requirement, the commission shall develop and make available on its Internet Web site, internet website, or work with another agency to develop, other toolkits or educational modules that would educate businesses of on the accessibility requirements and to facilitate compliance with that requirement. those requirements.(B) By July 1, 2023, the commission shall develop toolkits or educational modules that focus on construction-related accessibility violations in parking lots and exterior paths of travel, including a checklist for businesses to recognize the most common construction-related accessibility violations in those areas.(C) The Legislature finds and declares, based upon reports of the commission, that construction-related accessibility violations in parking lots and exterior paths of travel are consistently in the top 10 alleged construction-related accessibility violations, by type, as specified in subdivision (a) of Section 14985.8.(d) The commission shall post the following on its Internet Web site: internet website:(1) Educational materials and information that will assist building owners, tenants, building officials, and building inspectors to understand the disability accessibility requirements and to facilitate compliance with disability access laws. The commission shall at least annually review the educational materials and information on disability access requirements and compliance available on the Internet Web site internet website of other local, state, or federal agencies, including Americans with Disabilities Act centers, to augment the educational materials and information developed by the commission.(2) A link to the Internet Web site internet website of the Division of the State Architects certified access specialist (CASp) program to assist building owners and tenants in locating or hiring a CASp.(e) The commission shall, to the extent feasible, coordinate with other state agencies and local building departments to ensure that information provided to the public on disability access requirements is uniform and complete, and make its educational materials and information available to those agencies and departments.
14985.6. (a) A priority of the commission shall be the development and dissemination of educational materials and information to promote and facilitate disability access compliance.(b) The commission shall work with other state agencies, including the Division of the State Architect and the Department of Rehabilitation, to develop educational materials and information for use by businesses to understand its their obligations to provide disability access and to facilitate compliance with construction-related accessibility standards.(c) (1) The commission shall develop and make available on its Internet Web site, internet website, or make available on its Internet Web site internet website if developed by another governmental agency, including Americans with Disabilities Act centers, toolkits or educational modules to assist a California business to understand its obligations under the law and to facilitate compliance with respect to the top 10 alleged construction-related violations, by type, as specified in subdivision (a) of Section 14985.8. Upon(2) (A) Upon completion of this requirement, the commission shall develop and make available on its Internet Web site, internet website, or work with another agency to develop, other toolkits or educational modules that would educate businesses of on the accessibility requirements and to facilitate compliance with that requirement. those requirements.(B) By July 1, 2023, the commission shall develop toolkits or educational modules that focus on construction-related accessibility violations in parking lots and exterior paths of travel, including a checklist for businesses to recognize the most common construction-related accessibility violations in those areas.(C) The Legislature finds and declares, based upon reports of the commission, that construction-related accessibility violations in parking lots and exterior paths of travel are consistently in the top 10 alleged construction-related accessibility violations, by type, as specified in subdivision (a) of Section 14985.8.(d) The commission shall post the following on its Internet Web site: internet website:(1) Educational materials and information that will assist building owners, tenants, building officials, and building inspectors to understand the disability accessibility requirements and to facilitate compliance with disability access laws. The commission shall at least annually review the educational materials and information on disability access requirements and compliance available on the Internet Web site internet website of other local, state, or federal agencies, including Americans with Disabilities Act centers, to augment the educational materials and information developed by the commission.(2) A link to the Internet Web site internet website of the Division of the State Architects certified access specialist (CASp) program to assist building owners and tenants in locating or hiring a CASp.(e) The commission shall, to the extent feasible, coordinate with other state agencies and local building departments to ensure that information provided to the public on disability access requirements is uniform and complete, and make its educational materials and information available to those agencies and departments.
14985.6. (a) A priority of the commission shall be the development and dissemination of educational materials and information to promote and facilitate disability access compliance.
(b) The commission shall work with other state agencies, including the Division of the State Architect and the Department of Rehabilitation, to develop educational materials and information for use by businesses to understand its their obligations to provide disability access and to facilitate compliance with construction-related accessibility standards.
(c) (1) The commission shall develop and make available on its Internet Web site, internet website, or make available on its Internet Web site internet website if developed by another governmental agency, including Americans with Disabilities Act centers, toolkits or educational modules to assist a California business to understand its obligations under the law and to facilitate compliance with respect to the top 10 alleged construction-related violations, by type, as specified in subdivision (a) of Section 14985.8. Upon
(2) (A) Upon completion of this requirement, the commission shall develop and make available on its Internet Web site, internet website, or work with another agency to develop, other toolkits or educational modules that would educate businesses of on the accessibility requirements and to facilitate compliance with that requirement. those requirements.
(B) By July 1, 2023, the commission shall develop toolkits or educational modules that focus on construction-related accessibility violations in parking lots and exterior paths of travel, including a checklist for businesses to recognize the most common construction-related accessibility violations in those areas.
(C) The Legislature finds and declares, based upon reports of the commission, that construction-related accessibility violations in parking lots and exterior paths of travel are consistently in the top 10 alleged construction-related accessibility violations, by type, as specified in subdivision (a) of Section 14985.8.
(d) The commission shall post the following on its Internet Web site: internet website:
(1) Educational materials and information that will assist building owners, tenants, building officials, and building inspectors to understand the disability accessibility requirements and to facilitate compliance with disability access laws. The commission shall at least annually review the educational materials and information on disability access requirements and compliance available on the Internet Web site internet website of other local, state, or federal agencies, including Americans with Disabilities Act centers, to augment the educational materials and information developed by the commission.
(2) A link to the Internet Web site internet website of the Division of the State Architects certified access specialist (CASp) program to assist building owners and tenants in locating or hiring a CASp.
(e) The commission shall, to the extent feasible, coordinate with other state agencies and local building departments to ensure that information provided to the public on disability access requirements is uniform and complete, and make its educational materials and information available to those agencies and departments.
The Legislature finds and declares all of the following:
(a)The Legislature is aware of the discussion of legislative intent in the case of Arroyo v. Rosas (9th Cir. 2021) 19 F.4th 1202, as well as the holdings of previous and subsequent federal district court cases declining to exercise supplemental jurisdiction over claims brought under subdivision (f) of Section 51 or Section 54, 54.1, or 55 of the Civil Code, or Section 19955.5 of the Health and Safety Code, based on the enactment of Sections 425.50 and 425.55 of the Code of Civil Procedure and Section 70616.5 of the Government Code and the procedural requirements set forth in those statutes. The Legislature seeks to correct misunderstandings about its original intent in enacting those statutes.
(b)The Legislature clearly did not consider or endorse the goal or even the prospect of having all disability rights cases based on construction-related accessibility claims being litigated solely in California courts. In fact, when justifying the need for an urgency statute so that AB 1521 would take effect immediately, the Legislature expressed that it wanted to ensure that the courts are not overburdened and are able to provide access to the judicial system for all persons seeking redress of their construction-related accessibility claims.
(c)The Legislature is aware that some federal courts are denying supplemental jurisdiction for all construction-related accessibility claims, occasionally in some instances where the claims are not brought by a high-frequency litigant. The practice of denying these claims, at least as to high-frequency litigants, was improperly endorsed in Arroyo.
(d)It is the expressed intent of the Legislature that federal courts should not rely on or construe the operative or uncodified language and procedural requirements of Section 425.50 or 425.55 of the Code of Civil Procedure, the enhanced filing fees established by Section 70616.5 of the Government Code, or any other procedural requirements or limitations enacted by the Legislature with respect to construction-related accessibility claims, to deny supplemental jurisdiction over said claims brought in federal court and that denial of supplemental jurisdiction under Section 1367(c)(4) of Title 28 of the United States Code, or for any other reason, works against the interests of comity with California law. The Legislature finds that denying supplemental jurisdiction over such claims would frustrate, rather than advance, the intent of the Legislature, the interests of comity, and the administration of justice. Further, such an outcome would require California courts to litigate federal questions, create unreasonable burdens for all litigants and California courts, and delay the resolution of disputes, thereby further frustrating the purpose of Californias statutory civil rights scheme, which is to ensure that people with disabilities have full and equal access to their communities and that these matters are resolved in as prompt a fashion as possible, without undue burdens on the rights of any parties. The Legislature also hereby clarifies the fact that when enacting or amending Section 425.50 or 425.55 of the Code of Civil Procedure or Section 70616.5 of the Government Code, it was and remains the position of the Legislature that existing federal law can and does adequately address the Legislatures concerns about construction-related accessibility claims and litigation of those claims by high-frequency litigants. The Legislature was aware of federal pleading standards, as well procedural tools, such as General Order 56 of the United States District Court for the Northern District of California, and has acted with an intent to bring state law pleading standards into greater alignment with federal standards and said procedural tools.
(e)Therefore, a clarification of legislative intent is required to avoid an unintended outcome and the flooding of state courts with disability rights cases and claims related to construction-related accessibility claims that can and should be adjudicated in federal courts. This is particularly true in cases where state law claims are based on the same factual allegations as violations of the federal Americans with Disabilities Act of 1990. This is true regardless of whether those cases are filed by a high-frequency litigant.
(f)Accordingly, new statutes, clarifying legislative intent with respect to Sections 51, 54, 54.1, and 55 of the Civil Code, Sections 425.50 and 425.55 of the Code of Civil Procedure, and Section 70616.5 of the Government Code, among others, are hereby enacted.
This division does not express a legislative intent to maintain exclusive or preferred jurisdiction of state courts over causes of action under Section 51, 54, 54.1, or 55 of this code, or Section 19955.5 of the Health and Safety Code, for a construction-related accessibility claim, as defined in Section 55.52, regardless of whether the cause of action is brought by a high-frequency litigant, as defined in subdivision (b) of Section 425.55 of the Code of Civil Procedure. The fact such construction-related accessibility claims may be triggered by, or related to, a violation of the federal Americans with Disabilities Act of 1990 (Public Law 101-336) is irrelevant to the legislative intent in this regard.
(a)An allegation of a construction-related accessibility claim in a complaint, as defined in subdivision (a) of Section 55.52 of the Civil Code, shall state facts sufficient to allow a reasonable person to identify the basis of the violation or violations supporting the claim, including all of the following:
(1)A plain language explanation of the specific access barrier or barriers the individual encountered, or by which the individual alleges they were deterred, with sufficient information about the location of the alleged barrier to enable a reasonable person to identify the access barrier.
(2)The way in which the barrier denied the individual full and equal use or access, or in which it deterred the individual, on each particular occasion.
(3)The date or dates of each particular occasion on which the claimant encountered the specific access barrier, or on which the claimant was deterred.
(4)(A)Except in complaints that allege physical injury or damage to property, a complaint filed by or on behalf of a high-frequency litigant shall also state all of the following:
(i)Whether the complaint is filed by, or on behalf of, a high-frequency litigant.
(ii)In the case of a high-frequency litigant who is a plaintiff, the number of complaints alleging a construction-related accessibility claim that the high-frequency litigant has filed during the 12 months prior to filing the complaint.
(iii)In the case of a high-frequency litigant who is a plaintiff, the reason the individual was in the geographic area of the defendants business.
(iv)In the case of a high-frequency litigant who is a plaintiff, the reason why the individual desired to access the defendants business, including the specific commercial, business, personal, social, leisure, recreational, or other purpose.
(B)As used in this section high-frequency litigant has the same meaning as set forth in subdivision (b) of Section 425.55.
(b)(1)A complaint alleging a construction-related accessibility claim, as those terms are defined in subdivision (a) of Section 55.3 of the Civil Code, shall be verified by the plaintiff. A complaint filed without verification shall be subject to a motion to strike.
(2)A complaint alleging a construction-related accessibility claim filed by, or on behalf of, a high-frequency litigant shall state in the caption ACTION SUBJECT TO THE SUPPLEMENTAL FEE IN GOVERNMENT CODE SECTION 70616.5.
(c)A complaint alleging a construction-related accessibility claim shall be signed by at least one attorney of record in the attorneys individual name, or, if the party is not represented by an attorney, shall be signed by the party. By signing the complaint, the attorney or unrepresented party is certifying that, to the best of the persons knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, all of the following conditions are met:
(1)It is not being presented primarily for an improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation.
(2)The claims, defenses, and other legal contentions therein are warranted by existing law or by a nonfrivolous argument for the extension, modification, or reversal of existing law or the establishment of new law.
(3)The allegations and other factual contentions have evidentiary support or, if specifically so identified, are likely to have evidentiary support after a reasonable opportunity for further investigation or discovery.
(4)The denials of factual contentions are warranted on the evidence or, if specifically so identified, are reasonably based on a lack of information or belief.
(d)A court may, after notice and a reasonable opportunity to respond, determine whether subdivision (c) has been violated and, if so, impose sanctions as provided in Section 128.7 for violations of subdivision (b) of Section 128.7.
(e)This section does not limit the right of a plaintiff to amend a complaint under Section 472, or with leave of the court under Section 473. However, an amended pleading alleging a construction-related accessibility claim shall be pled as required by subdivision (a).
(f)The determination whether an attorney is a high-frequency litigant shall be made solely on the basis of the verified complaint and any other publicly available documents. Notwithstanding any other law, no party to the proceeding may conduct discovery with respect to whether an attorney is a high-frequency litigant.
(g)Notwithstanding this section or any other provision of state law governing construction-related accessibility claims, including subdivision (b) of Section 425.55 of this code and Section 70616.5 of the Government Code, it is the intent of the Legislature that federal courts should not rely on or construe the operative or uncodified language and procedural requirements of those laws to deny supplemental jurisdiction over said claims brought in federal court and that denial of supplemental jurisdiction under Section 1367(c)(4) of Title 28 of the United States Code, or for any other reason, works against the interests of comity with state law and the intent of said laws.
(h)This section shall become operative on January 1, 2013.
(a)The Legislature finds and declares all of the following:
(1)Protection of the civil rights of persons with disabilities under both federal and state law is of the utmost importance to this state, and private enforcement is the essential means of achieving that goal, as the law has been designed.
(2)According to information from the California Commission on Disability Access, more than one-half, or 54 percent, of all construction-related accessibility complaints filed between 2012 and 2014 were filed by two law firms. Forty-six percent of all complaints were filed by a total of 14 parties. Therefore, a very small number of plaintiffs have filed a disproportionately large number of the construction-related accessibility claims in the state, from 70 to 300 lawsuits each year. Moreover, these lawsuits are frequently filed against small businesses on the basis of boilerplate complaints, apparently seeking quick cash settlements rather than correction of the accessibility violation. This practice unfairly taints the reputation of other innocent disabled consumers who are merely trying to go about their daily lives accessing public accommodations as they are entitled to have full and equal access under the states Unruh Civil Rights Act (Section 51 of the Civil Code) and the federal Americans with Disability Act of 1990 (Public Law 101-336).
(3)Therefore, given these special and unique circumstances, the provisions of this section are warranted for this limited group of plaintiffs. Notwithstanding subdivision (b) or any other provision of state law governing construction-related accessibility claims, including Section 425.50 of this code or Section 70616.5 of the Government Code, it is the intent of the Legislature that federal courts should not rely on or construe the operative or uncodified language and procedural requirements of those laws to deny supplemental jurisdiction over said claims brought in federal court and that denial of supplemental jurisdiction under Section 1367(c)(4) of Title 28 of the United States Code, or for any other reason, works against the interests of comity with state law and the intent of said laws.
(b)For the purposes of this article, high-frequency litigant means a person, except as specified in paragraph (3), who utilizes court resources in actions arising from alleged construction-related access violations at such a high level that it is appropriate that additional safeguards apply so as to ensure that the claims are warranted. A high-frequency litigant means one or more of the following:
(1)A plaintiff who has filed 10 or more complaints alleging a construction-related accessibility violation within the 12-month period immediately preceding the filing of the current complaint alleging a construction-related accessibility violation.
(2)An attorney who has represented as attorney of record 10 or more high-frequency litigant plaintiffs in actions that were resolved within the 12-month period immediately preceding the filing of the current complaint alleging a construction-related accessibility violation, excluding all of the following actions:
(A)An action in which an early evaluation conference was held pursuant to Section 55.54 of the Civil Code.
(B)An action in which judgment was entered in favor of the plaintiff.
(C)An action in which the construction-related accessibility violations alleged in the complaint were remedied in whole or in part, or a favorable result was achieved, after the plaintiff filed a complaint or provided a demand letter, as defined in Section 55.3 of the Civil Code.
(3)This section does not apply to an attorney employed or retained by a qualified legal services project or a qualified support center, as defined in Section 6213 of the Business and Professions Code, when acting within the scope of employment to represent a client in asserting a construction-related accessibility claim, or the client in such a case.
This article does not express a legislative intent to maintain exclusive or preferred jurisdiction of state courts over causes of action under Section 51, 54, 54.1, or 55 of the Civil Code, or Section 19955.5 of the Health and Safety Code, for a construction-related accessibility claim, as defined in Section 55.52 of the Civil Code, regardless of whether the cause of action is brought by a high-frequency litigant, as defined in subdivision (b) of Section 425.55. The fact such construction-related accessibility claims may be triggered by, or related to, a violation of the Americans with Disabilities Act of 1990 is irrelevant to the legislative intent in this regard.
(a)In addition to the first paper filing fee required by Section 70611 or 70613, a single high-frequency litigant fee shall be paid to the clerk on behalf of a plaintiff who is a high-frequency litigant, as that term is defined in Section 425.55 of the Code of Civil Procedure, at the time of the filing of the first paper if the complaint alleges a construction-related accessibility claim, as those terms are defined in subdivision (a) of Section 55.3 of the Civil Code.
(b)The fee established by this section shall be one thousand dollars ($1,000). The fee shall be transmitted as provided in Section 68085.35.
(c)Failure to pay the fees required by this section shall have the same effect as the failure to pay a filing fee, and shall be subject to the same enforcement and penalties.
(d)This section does not express a legislative intent to maintain exclusive or preferred jurisdiction of state courts over causes of action under Section 51, 54, 54.1, or 55 of the Civil Code, or Section 19955.5 of the Health and Safety Code, for a construction-related accessibility claim, as defined in Section 55.52 of the Civil Code, regardless of whether the cause of action is brought by a high-frequency litigant. The fact such construction-related accessibility claims may be triggered by, or related to, a violation of the federal Americans with Disabilities Act of 1990 (Public Law 101-336) is irrelevant to the legislative intent in this regard.