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Licea v. Harvest Right, LLC

Filed

Case details

Summary

On May 1, 2019, Luis Licea Brittney Mejico filed a Complaint in California State court against Harvest Right, LLC . Plaintiff Luis Licea Brittney Mejico alleges that harvestright.com is not accessible per the WCAG 2.0 accessibility standard(s).

About the defendant

Harvest Right, LLC is a In-Home Freeze Dryer company based in North Salt Lake, Utah.

What the complaint says

The problems the plaintiff describes with the website.

  • Redundant Links where adjacent links go to the same URL address which results in additional navigation and repetition for keyboard and screen reader users.
  • Missing alternative text which pi-esents a problem because an image witlhout alternative text results in an empty link
  • 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, harvestright.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 $74,999 total, inclusive of statutory damages, attorneys’ fees and costs, and 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; and
  • For such other and further relief as the Court deems just and proper.