Martinez

FACTS AND PROCEEDINGS BELOW

In the operative first amended complaint (FAC), Abelardo Martinez, Jr. 1 alleges a single cause of action against CW for violation of the Unruh Act, which provides that “[a]ll persons within the jurisdiction of this state . . . no matter what their . . . disability . . . are entitled to the full and equal accommodations, advantages, facilities, privileges, or services in all business establishments of every kind whatsoever.” (Civ. Code, § 51, subd. (b).)

A. Allegations of the FAC The FAC alleges the following facts: CW “owns, operates and provides to the public” a website that “provides access to [CW’s] array of products and services, including descriptions of its products, . . . [and an] online shop.” CW is not alleged to offer any products and services at any physical location, or in any manner other than through its website. Martinez is “permanently blind and uses screen readers in order to access the internet and read website content.” There are “well-established, industry standard guidelines for ensuring

1 Abelardo Martinez, Jr. died during the pendency of this appeal. We subsequently granted a joint motion to substitute Martinez’s…