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Martinez v. Diamond Hill Vineyards CA2/5
Plaintiff Abelardo Martinez, Jr. (plaintiff) sued Diamond Hill Vineyards, LLC (defendant) for violation of the Unruh Civil Rights Act (Civ. Code, § 51 et seq.) based on its operation of a commercial website that is allegedly inaccessible to people who are blind. Plaintiff’s single cause of action rests on two theories: (1) intentional discrimination; and (2) violation of the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.) (ADA), which the Unruh Civil Rights Act (the Unruh Act) incorporates. (§ 51, subd. (f).) We consider whether the trial court erred in dismissing the action on the ground that plaintiff did not allege the nexus between defendant’s website and its “brick and mortar” facilities that the law requires.

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