Plaintiff
- Name: Kayla Reed
- Filing date: July 29, 2019
- State of filing: California
Defendant
- Name: Nobu Malibu, LLC
- Website: www.noburyokanmalibu.com
- Industry: Hotel, Restaurant and Leisure
- Summary: Nobu Malibu, LLC operates in the Japanese Restaurant business.
Case Summary
On July 29, 2019, Kayla Reed filed a Complaint in California State court against Nobu Malibu, LLC . Plaintiff Kayla Reed alleges that www.noburyokanmalibu.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")
- Plaintiff encountered multiple unlabeled or mislabeled buttons and links
- Plaintiff was unable to access any link and/or sub-link associated with the home page because the structure of the Website was not designed for use by a screen-reader
- Plaintiff was unable to locate the Hotel because the "View Map & Directions" link was inaccessible for screen-reader users.
- Plaintiff was unable to make a reservation because the "Inquiries" link on the home page was inaccessible for screen-reader users
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 provide access to blind or visually-impaired individuals, and that Defendant took no action that was reasonably calculated to ensure that its Website is fully accessible to, and independently usable by blind and visually-impaired individuals in violation of California's Unruh Act, California Civil Code II 51, et seq
- A preliminary and permanent injunction enjoining Defendant from further violations ofthe UCRA, Civil Code 51 et seq. with respect to "noburyokanmalibu.com."
- A preliminary and permanent injunction requiring Defendant to take the steps necessary to make noburyokanmalibu.com readily accessible to and usable by blind and visually-impaired individuals but Plaintiff hereby expressly limits the injunctive reliefto require that Defendant expend no more than $50,000 thereon
- Plaintiff seeks no relief related to anv architectural barriers to access in this Complaint and expressly limits all claims to injunctive reliefto modifications of Defendant's policies and procedures related to the Website
- An award ofstatutory minimum statutory damages of not 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 Cal, E.D. 2016)
- For attorneys'ees 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.