Abelardo Martinez, Jr. v. Johnson and Johnson Consumer Inc.

I. INTRODUCTION

On April 13, 2020, Plaintiff Abelardo Martinez, Jr. (“Plaintiff”) filed a Complaint in Los Angeles Superior Court against Defendant Johnson & Johnson Consumer Inc. (“Defendant”). The Complaint asserts a single claim for violation of the Unruh Civil Rights Act (“Unruh Act”), Cal. Civil Code § 51 et seg. On May 12, 2020, Defendant removed the action to federal court on the basis of diversity jurisdiction. Presently before the Court is Plaintiff's Motion to Remand. For the following reasons the Court GRANTS Plaintiff's Motion. Il. FACTUAL BACKGROUND Plaintiff's Complaint alleges the following: Plaintiff is a blind individual who requires screen reading software to read website content and access the internet. Defendant’s website, https://www.benadryl.com, contains numerous access barriers that prevent Plaintiff and other blind and visually impaired individuals using screen reading software from gaining equal access to the website. Specifically, Defendant’s website is deficient in the following ways: (1) linked images are missing alternative text, which prevents screen reading software from providing a vocal description of images on the…