Jennifer Carbine v. Djeb Food LLC

Summary

On July 18, 2019, Jennifer Carbine filed a Complaint in California State court against DJEB Food LLC . Plaintiff Jennifer Carbine alleges that www.ogourmetcafe.com is not accessible.

About the defendant

DJEB Food LLC is in the grocery store business and operates O Gourmet French Cafe & Bakery.

What the complaint says

The problems the plaintiff describes with the website.

• The home page has graphics, links, and buttons that are not labeled or are incorrectly labeled, or lack alternative text ("Alt-text")
• Plaintiff encountered multiple unlabeled or mislabeled buttons and links
• Plaintiff encountered multiple pages containing insufficient navigational headings requiring Plaintiff to expend substantial additional time to access information
• Plaintiff was unable to make a reservation because of an inaccessible checkout system

Legal claims

The laws the plaintiff says the defendant broke, called causes of action.

• Violation of Unruh Civil Rights Act (California Civil Code §§ 51, et seq.)

What the plaintiff asks for

What the plaintiff wants the court to order.

• A Declaratory Iudgment that at the commencement of this action Defendant owns, maintains, and/or operates its website in a manner which discriminates against the blind, fails to provide access to blind or visuallv-impaired individuals, and that Defendant took no action that was reasonably calculated to ensure that its Website is fully accessible to, and independently usable by blind and visually-impaired individuals in violation of California’s Unruh Act, California Civil Code 51, et seq
• A preliminary and permanent injunction enjoining Defendant from further violations ofthe UCRA, Civil Code ) 51 et seq. with respect to "www.ogourmetcafe.com."
• A preliminary and permanent injunction requiring Defendant to take the steps necessary to make www.ogourmetcafe.com readily accessible to and usable by blind and visually-impaired individuals but Plaintiff hereby expressly limits the injunctive reliefto require that Defendant expend no more than $50,000 thereon
• An award of statutory minimum statutory damages of not less than $4,000 per violation pursuant to 52(a) ofthe California Civil Code
• An additional award of $4,000.00 as deterrence damages for each violation pursuant to Johnson v. Guedoir, 218 F. Supp. 3d 1096; 2016 U.S. Dist.LEXIS 150740 (USDC Cal, E.D. 2016)
• For attorneys fees and expenses pursuant to all applicable laws including, without limitation, Civil Code 52(a)
• For pre-judgment interest to the extent permitted by law
• For costs of suit
• For such other and further relief as this Court deems just and proper