Sheppard Mullin achieved a complete defense victory on behalf of the San Diego County Credit Union in Abelardo Martinez v. San Diego County Credit Union in San Diego Superior Court.
In this lawsuit, Abelardo Martinez, a visually-impaired individual, alleged that San Diego County Credit Union’s website was not compatible with his screen reader in violation of the Americans with Disabilities Act (“ADA”) and the California Unruh Civil Rights Act (“Unruh Act”). Mr. Martinez is a professional litigant who has filed a myriad of similar lawsuits. He sought statutory damages, attorney’s fees, and a permanent injunction requiring San Diego County Credit Union to make its website accessible to visually-impaired individuals.
At trial, the court granted San Diego County Credit Union’s motion for nonsuit, concluding that neither the ADA nor the Unruh Act applies to websites as a matter of law. The Court’s written ruling will be forthcoming.
The Sheppard Mullin team included partners Gregory F. Hurley (Picture) and Michael J. Chilleen, and associate Brad Leimkuhler.
Law Firms: Sheppard Mullin;
Clients: San Diego County Credit Union;