Sean Licea v. DBV Distribution, Inc.

Summary

On September 13, 2019, Sean Licea filed a Complaint in California State court against DBV Distribution Inc. . Plaintiff Sean Licea alleges that www.venum.com is not accessible.

About the defendant

DBV Distribution Inc.d/b/a Venum, is a manufacturer apparel and equipment for various martial arts, combat sports and fitness.

What the complaint says

The problems the plaintiff describes with the website.

• Links and buttons on the Website do not describe their purpose
• The Website uses visual cues to convey content and other information to sighted users.
• The Websites use color as the only means of conveying information, indicating an action, prompting a response, or distinguishing a visual element.

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.

• A Declaratory Judgment that Defendant violated Plaintiff’s rights under the Unruh Civil Rights Act, California Civil Code § 51 et seq.
• A preliminary and permanent injunction pursuant to the Unruh Civil Rights Act, California Civil Code § 51 et seq. which directs Defendant to do the following, with Plaintiff hereby expressly limiting the cost of injunctive relief to require that Defendant spend no more than $74,999.00, inclusive of statutory damages, attorneys’ fees and costs, and the costs of injunctive relief—the specific injunctive relief requested by Plaintiff is described more fully in paragraph 14 above.
• 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 $74,999.00
• For attorneys’ fees and expenses pursuant to all applicable laws including, without limitation, California Civil Code § 52(a), including costs of monitoring Defendant’s compliance with the judgment. However, Plaintiff expressly limits the total amount of recovery, including statutory damages, attorneys’ fees and costs, and cost of injunctive relief not to exceed $74,999.00
• For pre-judgment interest to the extent permitted by law
• For costs of suit
• An Order retaining jurisdiction over this case until Defendant has complied with the Court’s Orders
• Whatever other relief the Court deems just, equitable and appropriate