Plaintiff
- Name: Abelardo Martinez Jr.
- Filing date: April 21, 2020
- State of filing: California
Defendant
- Name: Trulieve Inc.
- Website: www.trulieve.com
- Industry: Consumer Goods
- Summary: Trulieve manufactures and sells cannabis concentrate products including shatter, wax, live crystal, and budder.
Case Summary
On April 21, 2020, Abelardo Martinez Jr. filed a Complaint in California State court against Trulieve Inc.. Plaintiff Abelardo Martinez Jr. alleges that www.trulieve.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 which presents a problem because, if a form control does not have a properly associated text label, the function or purpose of that form control may not be presented to screen reader users. Form labels provide visible descriptions and larger clickable targets for form
controls; - Empty links that contain no text causing the function or purpose of the link to not be presented to the user. This can introduce confusion for keyboard and screen reader users; and
- Empty buttons, which present a problem because a button is empty or has no value text. When navigating to a button, descriptive text must be presented to screen reader users to indicate the function of the button.
Plaintiff asserts the following cause(s) of action in its Complaint:
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, http://www.trulieve.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; and
- For such other and further relief as the Court deems just and proper.