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NORTHERN CALIFORNIA RECORD

Saturday, November 2, 2024

Plaintiff alleges Oso Pequeno LLC's deceptive surcharge practices

State Court
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In a recent court filing, Alexander Xue has lodged a verified complaint against Oso Pequeno LLC, the operator of Osito restaurant, alleging violations of California's Business and Professions Code and Civil Code. The complaint was filed on May 22, 2024, in the Superior Court of California, County of San Francisco.

The plaintiff, Alexander Xue, claims that during his visit to Osito restaurant on December 10, 2022, he discovered undisclosed charges on his bill amounting to $924.68. Specifically, Xue found a 5% charge labeled as "SF Employer Mandate" and a 20% "Equitable Compensation Service Charge." According to Xue, these charges were not disclosed prior to ordering food nor listed on the menu. He retained a copy of the menu from his visit which corroborates his claim that these charges were not disclosed.

Xue argues that even if the charges had been disclosed beforehand, they are misleadingly named. The term "SF Employer Mandate" suggests it is a government-imposed fee when in reality it is not mandated by any governmental authority but rather an additional charge imposed by the restaurant to increase its profit margins. This misrepresentation led Xue and potentially other customers to believe that these fees were obligatory government mandates.

The lawsuit outlines three main causes of action: violation of the Unfair Competition Law (California Business and Professions Code §§17200 et seq.), violation of False Advertising Law (California Business and Professions Code §§17500 et seq.), and violation of the Consumer Legal Remedies Act (California Civil Code §§1750 et seq.). Each cause details how Oso Pequeno LLC allegedly engaged in unlawful business practices by failing to disclose mandatory surcharges, falsely advertising prices with no intention to sell at those prices, and misleading consumers about the nature of these surcharges.

Xue asserts that he would not have made purchases at Osito had he been aware of these hidden fees or their deceptive nature. He seeks actual damages according to proof, punitive damages for fraudulent business practices, injunctive relief preventing Oso Pequeno LLC from continuing such practices, and an order mandating refunds for all customers who paid the hidden "SF Employer Mandate" fee. Additionally, Xue requests reimbursement for legal costs including filing fees and service process fees.

Representing himself pro se in this matter, Alexander Xue has taken significant steps to hold Oso Pequeno LLC accountable for what he perceives as deceptive business practices. The Case ID is CGC-24-614906.

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