CJAC: Civil Justice Association of California

Sep 1, 2012

Statement from CJAC on Passage of Disabled Access Litigation Reform

SACRAMENTO – The California State Legislature approved Senate Bill 1186 today, legislation that seeks to restrict disabled access lawyers by prohibiting pre-lawsuit settlement demand letters, reducing statutory damages under certain circumstances, restricting “stacked” claims from plaintiffs who allege the same violation multiple times, and increasing funding for certified access specialists, among other changes. Kim Stone, President of the Civil Justice Association of California (CJAC), issued the following statement in response:

“While the bill does not go as far as we would have preferred, it is certainly encouraging to see the Legislature pass substantive reform on this very complicated issue and we are hopeful that this bill will provide some relief from abusive disabled access lawsuits.

“The authors of the bill, Senator Darrell Steinberg and Senator Bob Dutton, deserve a great deal of credit for seeing this all the way through and making a serious attempt at reform. Senator Dianne Feinstein is also to be commended for her recognition of the problem and for pushing the Legislature to act this year. The bill should be signed into law and we look forward to seeing how it works in practice.”

SB 1186 will now be considered by Governor Jerry Brown, who will have until September 30th to sign the bill into law. The bill would take effect immediately upon being signed.

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