California Law (Last Updated: March 4, 2014) |
Code of Civil Procedure - CCP |
Part 2. OF CIVIL ACTIONS |
Title 6. OF THE PLEADINGS IN CIVIL ACTIONS |
Chapter 2. Pleadings Demanding Relief |
ARTICLE 1. General Provisions |
Section 425.50.
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(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 he or she was 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 he or she was deterred.
(b) Any 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.
(c) Nothing in this section shall limit the right of a plaintiff to amend a complaint under Section 472, or with leave of court under Section 473. However, any amended pleading alleging a construction-related accessibility claim shall be pled as required by subdivision (a).
(d) This section shall become operative on January 1, 2013.