2009 California Civil Code - Section 55.55-55.57 :: Part 2.53. Attorney's Fees And Statutory Damages In Construction-related Accessibility Standards Claims

CIVIL CODE
SECTION 55.55-55.57

55.55.  Notwithstanding subdivision (f) of Section 55.54, in
determining an award of reasonable attorney's fees and recoverable
costs with respect to any construction-related accessibility claim,
the court may consider, along with other relevant information,
written settlement offers made and rejected by the parties. Nothing
in this section affects or modifies the inadmissibility of evidence
regarding offers of compromise pursuant to Section 1152 of the
Evidence Code, including, but not limited to, inadmissibility to
prove injury or damage.

55.56.  (a) Statutory damages under either subdivision (a) of
Section 52 or subdivision (a) of Section 54.3 may be recovered in a
construction-related accessibility claim against a place of public
accommodation only if a violation or violations of one or more
construction-related accessibility standards denied the plaintiff
full and equal access to the place of public accommodation on a
particular occasion.
   (b) A plaintiff is denied full and equal access only if the
plaintiff personally encountered the violation on a particular
occasion, or the plaintiff was deterred from accessing a place of
public accommodation on a particular occasion.
   (c) A violation personally encountered by a plaintiff may be
sufficient to cause a denial of full and equal access if the
plaintiff experienced difficulty, discomfort, or embarrassment
because of the violation.
   (d) A plaintiff demonstrates that he or she was deterred from
accessing a place of public accommodation on a particular occasion
only if both of the following apply:
   (1) The plaintiff had actual knowledge of a violation or
violations that prevented or reasonably dissuaded the plaintiff from
accessing a place of public accommodation that the plaintiff intended
to use on a particular occasion.
   (2) The violation or violations would have actually denied the
plaintiff full and equal access if the plaintiff had accessed the
place of public accommodation on that particular occasion.
   (e) Statutory damages may be assessed pursuant to subdivision (a)
based on each particular occasion that the plaintiff was denied full
and equal access, and not upon the number of violations of
construction-related accessibility standards identified at the place
of public accommodation where the denial of full and equal access
occurred. If the place of public accommodation consists of distinct
facilities that offer distinct services, statutory damages may be
assessed based on each denial of full and equal access to the
distinct facility, and not upon the number of violations of
construction-related accessibility standards identified at the place
of public accommodation where the denial of full and equal access
occurred.
   (f) This section does not alter the applicable law for the
awarding of injunctive or other equitable relief for a violation or
violations of one or more construction-related accessibility
standards, nor alter any legal obligation of a party to mitigate
damages.

55.57.  (a) This part shall apply only to claims filed on or after
January 1, 2009. Nothing in this part is intended to affect
litigation filed before that date, and no inference shall be drawn
from provisions contained in this part concerning the state of the
law as it existed prior to January 1, 2009.
   (b) Nothing in this part is intended to affect existing law
regarding class action requirements.


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