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Plaintiff alleges deceptive practices by Hinodeya Ramen over hidden charges

NORTHERN CALIFORNIA RECORD

Wednesday, November 27, 2024

Plaintiff alleges deceptive practices by Hinodeya Ramen over hidden charges

State Court
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In a recent legal filing, Alexander Xue has lodged a verified complaint against Sasala Dining USA Inc., alleging multiple violations of California's business and consumer protection laws. The complaint was filed on May 22, 2024, in the Superior Court of California, County of San Francisco, targeting the defendant for deceptive practices related to hidden charges at their restaurant, Hinodeya Ramen Union Square.

Xue's lawsuit claims that Sasala Dining USA Inc. has been misleading customers by incorporating a concealed 4% fee labeled as "SF Mandates" into the tax section of their bills. This practice, according to Xue, constitutes an unfair and deceptive business tactic designed to mislead consumers about the true cost of their purchases. The plaintiff asserts that this charge is neither disclosed properly nor remitted as a tax to any governmental authority but instead serves as additional revenue for the defendant.

The case details how Xue discovered this alleged deception during a visit to Hinodeya Ramen Union Square on April 7, 2024. After making a purchase totaling $63.74, he noticed that the sales tax appeared significantly higher than expected upon reviewing his emailed receipt. Closer inspection revealed that the "SF Mandates" charge had been included under taxes, inflating the effective tax rate to an unjustifiable level.

According to Xue, this practice violates several provisions of California law. Firstly, it breaches the Unfair Competition Law (California Business and Professions Code §§17200 et seq.), which prohibits unlawful, unfair, or fraudulent business acts or practices. Xue argues that Sasala Dining USA Inc.'s failure to disclose this surcharge and its false representation as a tax deceive customers and harm competitors by creating an illusion of lower prices.

Secondly, Xue accuses the defendant of violating the False Advertising Law (California Business and Professions Code §§17500 et seq.), which forbids false advertising practices. By not disclosing this mandatory surcharge upfront and falsely presenting it as a tax, Sasala Dining USA Inc. allegedly misleads consumers into believing they are paying legitimate taxes rather than an additional fee benefiting only the restaurant.

Lastly, Xue contends that these actions contravene the Consumer Legal Remedies Act (California Civil Code §§1750 et seq.), which targets unfair methods of competition and deceptive acts in commerce. He emphasizes that representing the "SF Mandates" fee as a tax obliges Sasala Dining USA Inc. to remit it to governmental authorities—a duty they do not fulfill—thereby misleading consumers about their financial obligations.

In his request for relief from the court, Xue seeks actual damages in an amount determined by proof and punitive damages for the fraudulent practices he experienced. Additionally, he demands injunctive relief prohibiting Sasala Dining USA Inc. from continuing these deceptive practices and either refunding affected customers or remitting collected fees to state authorities. He also requests compensation for legal costs incurred during this suit.

Alexander Xue representing himself pro se in this matter under Case ID CGC-24-614876.

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