Johnson v. Chae et al
Filing
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ORDER DENYING 14 DEFENDANTS' APPLICATION PURSUANT TO CALIFORNIA CIVIL CODE SEC. 55.54 FOR STAY, EARLY EVALUATION CONFERENCE, AND JOINT INSPECTION. Signed by Magistrate Judge Susan van Keulen on 5/19/2017. (ofr, COURT STAFF) (Filed on 5/19/2017)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SCOTT JOHNSON,
Plaintiff,
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United States District Court
Northern District of California
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Case No. 17-cv-01162-SVK
v.
MICHAEL S. CHAE, et al.,
Defendants.
ORDER DENYING DEFENDANTS'
APPLICATION PURSUANT TO
CALIFORNIA CIVIL CODE SEC. 55.54
FOR STAY, EARLY EVALUATION
CONFERENCE, AND JOINT
INSPECTION
Re: Dkt. No. 14
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Plaintiff Scott Johnson brings this action against defendants Michael Chae and Heidi Chae
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for violation of the Americans with Disabilities Act, 42 U.S.C. §§ 12101 et seq. (“ADA”) and the
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California Unruh Civil Rights Act, Cal. Civ. Code §§ 51 et seq. Before the Court is defendants’
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request pursuant to California Civil Code § 55.54 to stay the action, schedule an early evaluation
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conference, and hold a joint inspection. ECF 14. Plaintiff opposes defendants’ request. ECF 16.
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Pursuant to Civil Local Rule 7-1(b), the Court concludes that the issue presented is appropriate for
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determination without oral argument. Having considered the papers, the Court DENIES
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defendants’ application.
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Defendants’ application is a form designed to be filed in California state courts in actions
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brought under California’s Construction-Related Accessibility Standards Compliance Act, Cal.
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Civ. Code §§ 51.51-55.54. Under that Act, a defendant who meets certain requirements may file a
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request for a court stay and early evaluation conference. Cal. Civ. Code § 51.54(b)(1).
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There are several reasons why this California statute does not apply in this case. First,
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courts in the Ninth Circuit have held that section 55.54(b)’s stay and early evaluation procedures
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do not apply to ADA claims because the California statute “impose[s] additional procedural
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hurdles to a plaintiff bringing a claim under the ADA.” See O’Campo v. Chico Mall, LP, 758 F.
Supp. 2d 976, 984-85 (E.D. Cal. 2010); see also Johnson v. GDRR Properties, LLC, No. 16-CV-
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05839-LHK, 2016 U.S. Dist. LEXIS 176156, at *2-3 (N.D. Cal. Dec. 20, 2016) and cases cited
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therein. In addition, the California statute is a state procedural law, which does not govern in the
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federal courts, even in connection with state law claims. Johnson, 2016 U.S. Dist. LEXIS 176156,
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at *2; see also Erie R. Co. v. Tompkins, 304 U.S. 64, 92 (1938). “Under the Erie doctrine the
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Court must follow applicable federal procedural law, which does not provide for a stay and early
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evaluation conference in these circumstances, but instead provides for a revised schedule pursuant
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to General Order No. 56 of the Northern District of California.” Johnson, 2016 U.S. Dist. LEXIS
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176156, at *3; see also ECF 5 (scheduling order in this case). Defendants have not filed a Motion
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for Administrative Relief pursuant to Civil Local Rule 7-11, as required if any party “wishes to be
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United States District Court
Northern District of California
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relieved of any requirement of [General Order 56] or to adjust the schedule set forth [therein].”
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N.D. Cal. Gen. Order 56 at ¶ 9. In any event, the scheduling order in this case, which is based on
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this district’s General Order No. 56, already provides for a stay of most discovery and requires the
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parties to engage in an early site inspection and, if necessary, mediation. See id. at ¶¶ 2-4, 7; see
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also ECF 5 (scheduling order).
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For these reasons, defendants’ request for a stay, early evaluation conference, and joint
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inspection pursuant to California Civil Code § 55.54 is DENIED. The existing scheduling order
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(ECF 5) remains in place.
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SO ORDERED.
Dated: May 19, 2017
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SUSAN VAN KEULEN
United States Magistrate Judge
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