Plaintiff
- Name: Perla Mageno
- Filing date: January 30, 2019
- State of filing: California
Defendant
- Name: Waffle Love LLC
- Website: www.waffluv.com
- Industry: Consumer Goods
- Summary: Food truck
Case Summary
On January 30, 2019, Perla Mageno filed a Complaint in California State court against Waffle Love LLC . Plaintiff Perla Mageno alleges that www.waffluv.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:
Plaintiff asserts the following cause(s) of action in its Complaint:
- VIOLATIONOF THE UNRUH CIVIL RIGHTS ACT. CALIFORNIA CIVIL CODE Section 8-51 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 fullyaccessible to, and independently usable by 18 blind and visually impaired individuals in violation ofCalifornia's Unruh Act, California CivilCode tj 51, etseq; 20
- A preliminary and permanent injunction enjoining Defendant from further violations 21 ofthe UCRA, Civil Code Ij 51 et seq. wdth respect to its website "www.waffluv.corn." 22 vl 23 K cv 24 6 4 i~ ~25 27 28
- A preliminary and permanent injunction requiring Defendant to take the steps necessary to make www.waffluv.corn readily accessible to and usable by blind and visually-impaired individuals but Plaintiff hereby expressly limitsthe 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 ( 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 Ll.S. Dist. LEXIS 150740 (USDC Cal, E.D. 2016)
- For attorneys'ees and expenses pursuant to all applicable laws including, without limitation, Civil Code tj 52(a)
- For pre-judgment interest to the extent permitted by law;
- For costs ofsuit; and,
- For such other and further relief as this Court deems just and proper.