A new lawsuit has been filed against a popular San Francisco restaurant, accusing it of deceptive pricing practices that mislead customers. Alexander Xue lodged the complaint in the Superior Court of California, County of San Francisco, on September 16, 2024, targeting Asclepius Beverage Company, LLC.
According to the verified complaint, Xue visited Pie Punks, a restaurant operated by Asclepius Beverage Company, on September 14, 2024. Xue alleges that after ordering two slices of pizza based on the prices displayed on the menu board, he was shocked to find additional undisclosed fees added to his bill. The total charge was $13.63 for an order that should have cost $12.00 before tax. These extra charges included a "to go" fee of 5%, an "Employee Srv fee" of another 5%, and a credit card surcharge of 3%.
Xue claims that these fees were not disclosed at any point before he placed his order or made his payment. He argues that this practice constitutes a “bait and switch” tactic designed to deceive customers into believing they are paying lower prices than they actually are. "Had I known about these hidden fees," Xue stated in his complaint, "I would have reconsidered my purchase or chosen not to eat there at all."
The lawsuit accuses Asclepius Beverage Company of violating several California laws including the Unfair Competition Law (California Business and Professions Code §§17200 et seq.), False Advertising Law (California Business and Professions Code §§17500 et seq.), and the Consumer Legal Remedies Act (California Civil Code §§1750 et seq.). Each cause of action outlines how the defendant's actions allegedly misled consumers and provided an unfair competitive advantage over other businesses.
Xue is seeking multiple forms of relief from the court: actual damages in an amount to be determined during trial, punitive damages to deter future misconduct by the defendant, injunctive relief preventing Asclepius Beverage Company from continuing its current pricing practices without proper disclosure, and an order mandating refunds for all customers who were charged these hidden fees.
The case has been assigned Case Number CGC-24-618144 in the Superior Court of California for San Francisco County. Representing himself pro se is Alexander Xue. The presiding judge has yet to be named.