DELGADILLO v. JL AND COMPANY LIMITED

    Plaintiff

    • Name: Desmond Delgadillo
    • Filing date: July 30, 2019
    • State of filing: California

    Defendant

    • Name: JL and Company Limited
    • Website: www.johnlobb.com
    • Industry: Apparel
    • Summary: JL and Company Limited produces footwear for misses, youth, and infants.

    Case Summary

    On July 30, 2019, Desmond Delgadillo filed a Complaint in California State court against JL and Company Limited. Plaintiff Desmond Delgadillo alleges that www.johnlobb.com is not accessible.

    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").
    • Plaintiff encountered multiple unlabeled or mislabeled buttons and links
    • Plaintiff encountered multiple pages containing insufficient navigational headings requiring Plaintiff to expend substantial additional time to access information
    • Plaintiff was unable to sign up for the newsletter becuase of an inaccessible signup system
    • Plaintiff was unable to make a purchase because of an inaccessible checkout 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 ludgment that at the commencement ofthis action Defendant owns, maintains, and/or operates its Website in a matmer which discriminates against the blind, fails to 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 blind and visually-impaired individuals in violation ofCalifornia's Unruh Act, California Civil Code ) 51, et seq
    • A preliminary and permanent injunction enjoining Defendant from further violations ofthe UCRA, CivilCode 51 ei seq, with respect to "www.johnlobb.com."
    • A preliminary and permanem injunction requiring Defendant to take the steps necessary to make www.johnlobb.com readily accessible to and usable by blind and msually impaired individuals but Plaintiffhereby expressly limits the injunctive reliefto require that Defendant expend no more than $ 50,000 thereon
    • An award ofstatutory minimum statutory damages ofnot less than $ 4,000 per violation pursuant to 52(a) of the 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 U.S. Dist.LEXIS 150740 (USDC 28 Cal, E.D. 2016);
    • For attorneys' fees and expenses pursuant to all applicable laws including, without limitation, pursuant to California Civil Code § 52(a)
    • For prejudgment interest to the extent permitted by law
    • For costs of suit
    • For such other and further relief as this Court deems just and proper

    Comments