Form DAL-002 "Answer - Disability Access" - California

What Is Form DAL-002?

This is a legal form that was released by the California Superior Court - a government authority operating within California. As of today, no separate filing guidelines for the form are provided by the issuing department.

Form Details:

  • Released on July 1, 2016;
  • The latest edition provided by the California Superior Court;
  • Easy to use and ready to print;
  • Quick to customize;
  • Compatible with most PDF-viewing applications;
  • Fill out the form in our online filing application.

Download a fillable version of Form DAL-002 by clicking the link below or browse more documents and templates provided by the California Superior Court.

ADVERTISEMENT
ADVERTISEMENT

Download Form DAL-002 "Answer - Disability Access" - California

960 times
Rate (4.7 / 5) 58 votes
DAL-002
STATE BAR NO.:
ATTORNEY OR PARTY WITHOUT ATTORNEY:
FOR COURT USE ONLY
NAME:
FIRM NAME:
STREET ADDRESS:
CITY:
STATE:
ZIP CODE:
TELEPHONE NO.:
FAX NO.:
E-MAIL ADDRESS:
ATTORNEY FOR (name):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
PLAINTIFF:
DEFENDANT:
CASE NUMBER:
ANSWER—DISABILITY ACCESS
This form may be filed with the court and served on the plaintiff as an answer to the complaint, or it may be used as an informal
response to a demand letter or for settlement discussion purposes.
1.
Defendant(s) (Each defendant for whom this answer is filed must be named and must sign this answer unless his or her attorney
signs):
answers the complaint as follows:
2. Check ONLY ONE of the next three boxes, a, b, or c:
Defendant generally denies each statement of the complaint.
a.
b.
Defendant denies that plaintiff has demonstrated that he or she was denied full and equal access to the place of public
accommodation on a particular occasion. (See Civ. Code, § 55.56.)
c.
Defendant admits that all of the statements of the complaint are true EXCEPT:
(1)
Defendant claims the following statements of the complaint are false. (State paragraph numbers from the complaint or
Explanation is on Attachment 2c(1). (You may use form MC-025 for this purpose.)
explain below.)
(2)
Defendant has no information or belief that the following statements of the complaint are true, so defendant denies them.
(State paragraph numbers from the complaint or explain below.)
Explanation is on Attachment 2c(2). (You may use form MC-025 for this purpose.)
3.
AFFIRMATIVE DEFENSES (NOTE: For each box checked below, you must state brief facts to support it in item 4.)
a.
Defendant is not liable because the facility is not open to the public.
b.
Defendant is not liable because defendant's landlord is responsible for ensuring that some or all of the property leased by
the defendant, including the areas at issue in the complaint, are accessible to the public. (Give the name and contact
information of defendant's landlord in item 4.)
c.
Other affirmative defenses. (Specify and state facts in support in item 4.)
Page 1 of 2
Form Approved for Optional Use
ANSWER—DISABILITY ACCESS
Civil Code, § 55.56
Judicial Council of California
www.courts.ca.gov
DAL-002 [New July 1, 2016]
DAL-002
STATE BAR NO.:
ATTORNEY OR PARTY WITHOUT ATTORNEY:
FOR COURT USE ONLY
NAME:
FIRM NAME:
STREET ADDRESS:
CITY:
STATE:
ZIP CODE:
TELEPHONE NO.:
FAX NO.:
E-MAIL ADDRESS:
ATTORNEY FOR (name):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
PLAINTIFF:
DEFENDANT:
CASE NUMBER:
ANSWER—DISABILITY ACCESS
This form may be filed with the court and served on the plaintiff as an answer to the complaint, or it may be used as an informal
response to a demand letter or for settlement discussion purposes.
1.
Defendant(s) (Each defendant for whom this answer is filed must be named and must sign this answer unless his or her attorney
signs):
answers the complaint as follows:
2. Check ONLY ONE of the next three boxes, a, b, or c:
Defendant generally denies each statement of the complaint.
a.
b.
Defendant denies that plaintiff has demonstrated that he or she was denied full and equal access to the place of public
accommodation on a particular occasion. (See Civ. Code, § 55.56.)
c.
Defendant admits that all of the statements of the complaint are true EXCEPT:
(1)
Defendant claims the following statements of the complaint are false. (State paragraph numbers from the complaint or
Explanation is on Attachment 2c(1). (You may use form MC-025 for this purpose.)
explain below.)
(2)
Defendant has no information or belief that the following statements of the complaint are true, so defendant denies them.
(State paragraph numbers from the complaint or explain below.)
Explanation is on Attachment 2c(2). (You may use form MC-025 for this purpose.)
3.
AFFIRMATIVE DEFENSES (NOTE: For each box checked below, you must state brief facts to support it in item 4.)
a.
Defendant is not liable because the facility is not open to the public.
b.
Defendant is not liable because defendant's landlord is responsible for ensuring that some or all of the property leased by
the defendant, including the areas at issue in the complaint, are accessible to the public. (Give the name and contact
information of defendant's landlord in item 4.)
c.
Other affirmative defenses. (Specify and state facts in support in item 4.)
Page 1 of 2
Form Approved for Optional Use
ANSWER—DISABILITY ACCESS
Civil Code, § 55.56
Judicial Council of California
www.courts.ca.gov
DAL-002 [New July 1, 2016]
DAL-002
PLAINTIFF:
CASE NUMBER:
DEFENDANT:
4.
FACTS SUPPORTING AFFIRMATIVE DEFENSES (NOTE: For each box checked in item 3, you must state brief facts to support
the defense. Include letters a, b, c, and d from item 3 to make clear which affirmative defense(s) you are supporting.)
Supporting facts are on Attachment 4. (You may use form MC-025 for this purpose.)
A request for an early evaluation conference and to meet in person with plaintiff at the subject premises has been filed or is
5.
being filed concurrently with this answer, on Defendant's Application for Stay of Proceedings and Early Evaluation
Conference, Joint Inspection (form DAL-005).
6.
Defendant qualifies for reduced damages. (See Civ. Code, § 55.56(f)(1) or (2).)
7.
Number of pages attached:
(Each defendant for whom this answer is filed must be named in item 1 and must sign this answer unless his or her attorney signs.)
(TYPE OR PRINT NAME)
(SIGNATURE OF DEFENDANT OR ATTORNEY)
(TYPE OR PRINT NAME)
(SIGNATURE OF DEFENDANT OR ATTORNEY)
VERIFICATION
(Use a different verification form if the verification is by an attorney or for a corporation or partnership.)
I am the defendant in this proceeding and have read this answer. I declare under penalty of perjury under the laws of the State of
California that the foregoing is true and correct.
Date:
(TYPE OR PRINT NAME)
(SIGNATURE OF DEFENDANT)
Page 2 of 2
ANSWER—DISABILITY ACCESS
DAL-002 [New July 1, 2016]
For your protection and privacy, please press the Clear
This Form button after you have printed the form.
Print this form
Save this form
Clear this form
Page of 2