Abelardo Martinez v. Epic Games, Inc.

I. INTRODUCTION & BACKGROUND

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22 On November 19, 2019, Plaintiff Abelardo Martinez, Jr. brought an action against 23 Defendant Epic Games, Inc. in Los Angeles Superior Court, asserting one state law cause 24 of action for violations of California’s Unruh Civil Rights Act. (Dkt. 1-1 [Complaint, 25 hereinafter “Compl.”].) Epic Games is a video game company perhaps best known for its 26 video game Fortnite. Plaintiff is blind and alleges that the online store portion of 27 Defendant’s website denies blind users full and equal enjoyment and access to the 1 services, advantages, privileges, and accommodations offered through that website. (Id. 2 ¶ 16.) Plaintiff seeks injunctive relief, statutory damages under the Unruh Act, attorney 3 fees, and costs. (Id. ¶ Prayer for Relief.) 4 5 In a clear attempt to evade federal jurisdiction, Plaintiff’s Complaint “expressly 6 limits his total amount of recovery, including statutory damages, attorneys’ fees and 7 costs, and cost of injunctive relief not to exceed $74,999.” (Id.) He further “expressly 8 limits the injunctive relief to require that Defendant expend no more $20,000 as the cost 9 of injunctive relief.” …