Plaintiff
- Name: Abelardo Martinez
- Filing date: September 28, 2020
- State of filing: California
Defendant
- Name: Amerisleep LLC
- Website: www.amerisleep.com
- Industry: Consumer Goods
- Summary: Amerisleep is an American manufacturer of memory foam mattresses
Case Summary
On September 28, 2020, Abelardo Martinez filed a Complaint in California State court against Amerisleep LLC. Plaintiff Abelardo Martinez alleges that www.amerisleep.com is not accessible per the WCAG 2.0 accessibility standard(s).
Case Details
Plaintiff alleges issues in its Complaint including the following:
- Missing alternative text
- 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
Plaintiff asserts the following cause(s) of action in its Complaint:
- Violations of the Unruh Civil Rights Act, California Civil Code § 51 et seq.
Plaintiff seeks the following relief by way of its Complaint:
- 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://amerisleep.com/, readily accessible to and usable by visuallyimpaired 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.
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