Plaintiff
- Name: Cesar Cotto
- Filing date: January 10, 2019
- State of filing: California
Defendant
- Name: Komodo LLC
- Website: www.komodofood.com
- Industry: Hotel, Restaurant and Leisure
- Summary: Komodo LLC operates a carry out restaurant in Los Angeles, California.
Case Summary
On January 10, 2019, Cesar Cotto filed a Complaint in California State court against Komodo LLC. Plaintiff Cesar Cotto alleges that www.komodofood.com is not accessible per the WCAG 2.0, Section 508 accessibility standard(s).
Case Details
Plaintiff alleges issues in its Complaint including the following:
- The home page has graphics, links, and buttons that are not labeled or are incorrectly labeled, or lack alternative text ("Alt-text").
- Multiple unlabeled or mislabeled buttons and links
- Multiple pages containing unlabeled graphics, links, and buttons while navigating the Website
- Multiple pages containing insufficient navigational headings requiring Plaintiff to expend substantial additional time to access information
- Unable to make a purchase becuase of an inaccessible ordering system
Plaintiff asserts the following cause(s) of action in its Complaint:
- Violation of the Unruh Civil Rights Act, California Civil Code §51 et seq.
Plaintiff seeks the following relief by way of its Complaint:
- A Declaratory Judgment that at the commencement ofthis action Defendant owns, maintains, and(or operates its Website in a manner which discriminates against the blind, fails to 18 provide access to blind or visually-impaired individuals, and that Defendant took no action that was reasonably calculated to ensure that its Website is fullyaccessible to, and independently usable by 20 blind and visually impaired individuals in violation ofCalifornia's Unruh Act, California CivilCode 21 fJ 51, et seq
- A preliminary and permanent injunction enjoining Defendant from further violations ofthe UCRA, CivilCode Ij 51 et seq. with respect to its website www.komodofood.com
- A preliminary and permanent injunction requiring Defendant to take the steps necessary to make www.komodofood.com readily accessible to and usable by blind and visually-impaired individuals but Plaintiffhereby expressly limits the injunctive reliefto require that Defendant expend no more than $ 50,000 thereon
- An award of statutory minimum statutory damages ofnot less than $4,000 per violation pursuant to j(52(a) ofthe California Civil Code
- An additional award of $4,000.00 as deterrence damages for each violation pursuant to Johnson v. Guedoir, 218 F. Supp. 3d 1096; 2016 I..S. Dist. LEXIS 150740 (USDC Cal, E.D. 2016)
- For attorneys' fees and expenses pursuant to all applicable laws including, without limitation, Civil Code 52(a)
- For pre-judgment interest to the extent permitted by law
- For costs of suit
- For such other and further relief as this Court deems just and proper.
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