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Accessibility.com, LLC

UNITED AFRICAN-ASIAN ABILITIES CLUB ET AL v. TAM STOCKTON, LLC ET AL

Filed May 1, 2019

Plaintiff

  • Name: United African Asian Abilities Club Theodore Arthur Pinnock
  • Filing date: May 1, 2019
  • State of filing: California

Defendant

  • Name: Tam Stockton, LLC
  • Website: www.kendallwoodwhittier.com
  • Industry: Real Estate
  • Summary: Tam Stockton, LLC is a provider of rental services and operates rental properties and/or apartment complexes.

Case Summary

On May 1, 2019, United African Asian Abilities Club Theodore Arthur Pinnock filed a Complaint in California Federal court against Tam Stockton, LLC. Plaintiff United African Asian Abilities Club Theodore Arthur Pinnock alleges that www.kendallwoodwhittier.com is not accessible.

Case Details

Plaintiff alleges issues in its Complaint including the following:

  • Website requires travel to the Property to determine if it is accessible, then require them to request the effective communication, and then thereafter to request a reasonable accommodation to the overt and obvious communication barrier
  • Website photos exclude any photographs of any accessible features that would aid the Plaintiffs
  • Telephone number provided on the website for the public to call to inquire about the rental services without providing any effective alternative communications for Plaintiffs and other people that are deaf or have speech impairments.

Plaintiff asserts the following cause(s) of action in its Complaint:

  • Claims Under The Americans With Disabilities Act Of 1990
  • Violation of California Fair Housing Act
  • DISCRIMINATORY PRACTICES IN HOUSING ACCOMMODATIONS – FAIR HOUSING ACT CLAIMS
  • CLAIMS UNDER CALIFORNIA ACCESSIBILITY LAWS

Plaintiff seeks the following relief by way of its Complaint:

  • All named Plaintiffs seeks injunctive relief pursuant to 42 U.S.C. 3613(c) and 42 U.S.C. § 12188(a). Only the named Individual Plaintiff seeks injunctive relief pursuant to CA Civil Code §52. Pursuant to 42 U.S.C. 3613(c), all Plaintiffs request this court to enjoin Defendants to cease their discriminatory practices in housing rental services, rental housing management services, and for Defendants to implement written policies and methods to respond to reasonable accommodation and reasonable modification requests. Pursuant to 42 U.S.C. § 12188(a), Plaintiffs request this Court enjoin Defendants to remove all barriers to equal access to the disabled Plaintiffs in, at, or on their facilities, including but not limited to architectural and communicative barriers in the provision of Defendants’ rental services. Plaintiffs do not seek injunctive relief pursuant to Cal. Civil Code §55 and Plaintiffs do not seek attorneys’ fees pursuant to Cal. Civil Code §55. Plaintiffs do not seek any relief at all pursuant to Cal. Civil Code §55.
  • All named Plaintiffs seek actual damages pursuant to 42 U.S.C. 3613(c). However, Plaintiff Club only seeks damages for itself. Plaintiff Club does not seek damages on behalf of its members;
  • Only the named Individual Plaintiff seeks recovery of actual damages pursuant to Cal. Civil Code §§ 52 or 54.3
  • Only the named Individual Plaintiff seeks $4,000 in minimum statutory damages pursuant to Cal. Civil Code § 52 for each and every offense of Civil Code § 51, pursuant to Munson v. Del Taco, (June 2009) 46 Cal. 4th 661
  • In the alternative to the damages pursuant to Cal. Civil Code § 52 in Paragraph C above, only the named individual Plaintiff seeks $1,000 in minimum statutory damages pursuant to Cal. Civil Code § 54.3 for each and every offense of Civil Code § 54.1
  • All named Plaintiffs seek attorneys' fees pursuant to 42 U.S.C. 3613(c)(2), 42 U.S.C. § 12205, and Cal. Civil Code §§ 52, 54.3
  • Only the named individual Plaintiff seeks treble damages pursuant to Cal. Civil Code §§ 52(a) or 54.3(a)
  • The named Plaintiffs are seeking perspective injunctive relief to require the Defendants to provide obvious reasonable accommodations, to provide the required auxiliary aids and to modify Defendants’ procedures, practices, and policies of the Defendants in the provision of Defendants’ rental services. Without perspective relief the Plaintiffs will suffer future harm
  • All named Plaintiffs seek a Jury Trial
  • For such other further relief as the court deems proper 

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