Rios

FACTS AND PROCEDURAL HISTORY

We draw the facts from the allegations of plaintiff’s operative first amended complaint and other matters properly subject to judicial notice. (Orange Unified School Dist. v. Rancho Santiago Community College Dist. (1997) 54 Cal.App.4th 750, 764; Stevenson v. Superior Court (1997) 16 Cal.4th 880, 885.) “[W]e treat as true all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law.” (Freeman

1 Statutory references are to the Civil Code, unless otherwise designated.

2 v. San Diego Assn. of Realtors (1999) 77 Cal.App.4th 171, 178, fn. 3.) Webroot owns and operates a publicly accessible website that “provides access” to its “array of products and services, including descriptions of its products, amenities and services, online shops, and many other benefits related to its products and services.”2 Plaintiff is permanently blind. He must use screen reading software to read website content and access the Internet. He visited Webroot’s website both “to avail himself” of Webroot’s goods and services and in connection with his work as a “ ‘tester’ ” who “ ‘visit[s] places of public accommodation to determine their…