Rusty Rendon v. Chateau Montelena LLC

Summary

On November 25, 2019, Rusty Rendon filed a Complaint in California State court against Chateau Montelena LLC. Plaintiff Rusty Rendon alleges that www.montelena.com is not accessible per the WCAG 2.0 accessibility standard(s).

About the defendant

Chateau Montelena is a winery in Calistoga, CA.

What the complaint says

The problems the plaintiff describes with the website.

• Form input elements missing labels
• Text elements do not have sufficient color contrast against the background
• Zooming and scaling are disabled

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, www.montelena.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