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Martinez v. Pillow Perfect Corporation, Inc

Filed

Case details

Summary

On November 6, 2020, Abelardo Martinez, Jr. filed a Complaint in California State court against Pillow Perfrect Corporation, Inc.. Plaintiff Abelardo Martinez, Jr. alleges that www.pillowperfect.com is not accessible per the WCAG 2.0 accessibility standard(s).

About the defendant

Pilow Perfect manufactures and sells decorative pillows as well as the component parts for sewing and assembling pillows via its website.

What the complaint says

The problems the plaintiff describes with the website.

  • Empty or missing form labels
  • Empty links which present a problem because a link contains no text.
  • Redundant Links where adjacent links go to the same URL address which results in additional navigation and repetition for keyboard and screen reader users.

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.almased.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.