Plaintiff
- Name: Abelardo Martinez, Jr.
- Filing date: September 25, 2019
- State of filing: California
Defendant
- Name: Hearst Communications Inc.
- Website: www.elledecor.com
- Industry: Professional Services
- Summary: Hearst Communications Inc. Hearst Communications Inc. publishes a fashion magazine for women.
Case Summary
On September 25, 2019, Abelardo Martinez, Jr. filed a Complaint in California State court against Hearst Communications Inc. . Plaintiff Abelardo Martinez, Jr. alleges that www.elledecor.com is not accessible per the WCAG 2.0 accessibility standard(s).
Case Details
Plaintiff alleges issues in its Complaint including the following:
- Empty or missing form labels
- Empty links that contain no text causing the function or purpose of the link to not be presented to the user.
- Empty headings, which present no information and may introduce confusion
- Missing alternative text
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, elledecor.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
