Abelardo Martinez, Jr. v. Parke-bell Ltd., Inc.
Filed
Case details
- Defendant’s website
Summary
On December 30, 2019, Abelardo Martinez, Jr. filed a Complaint in California State court against Parke-Bell Ltd., Inc.. Plaintiff Abelardo Martinez, Jr. alleges that www.touchofclass.com is not accessible per the WCAG 2.0 accessibility standard(s).
About the defendant
Parke-Bell Ltd., Inc. operates Touch of Class, which sells home furnishings.
What the complaint says
The problems the plaintiff describes with the website.
- Missing alternative text
- Empty links that contain no text
- Empty or missing form labels
Legal claims
The laws the plaintiff says the defendant broke, called causes of action.
- Violations of the Unruh Civil Rights Act, California Civil Code § 51 et seq.
What the plaintiff asks for
What the plaintiff wants the court to order.
- For a judgment that Defendant violated Plaintiff’s rights under the Unruh Civil Rights Act, California Civil Code § 51 et seq.
- For a preliminary and permanent injunction requiring Defendant to take the steps necessary to make the Website, https://www.touchofclass.com, readily accessible to and usable by visually-impaired individuals; but Plaintiff hereby expressly limits the injunctive relief to require that Defendant expend no more $20,000 as the cost of injunctive relief
- An award of statutory minimum damages of $4,000 per violation pursuant to section 52(a) of the California Civil Code; however, Plaintiff expressly limits the total amount of recovery, including statutory damages, attorneys’ fees and costs, and cost of injunctive relief not to exceed $74,999
- For attorneys’ fees and expenses pursuant to all applicable laws including, without limitation, California Civil Code § 52(a); however, Plaintiff expressly limits the total amount of recovery, including statutory damages, attorneys’ fees and costs, and cost of injunctive relief not to exceed $74,999
- For pre-judgment interest to the extent permitted by law
- For costs of suit
- For such other and further relief as the Court deems just and proper