In a striking legal battle, a plaintiff has accused a restaurant of deceptive billing practices that could impact countless diners. On October 22, 2024, Alexander Xue filed a complaint in the Superior Court of California, County of Marin, against HS Restaurants, Inc., alleging that the company engaged in unfair and fraudulent business practices by secretly adding undisclosed fees to customer bills.
The lawsuit revolves around an incident on September 10, 2024, when Xue dined at "II Davide," an Italian restaurant operated by HS Restaurants in San Rafael, California. According to the complaint, Xue was presented with menus listing food and drink prices but was later surprised to find an additional "Supplemental Fee" of $5.60 added to his bill without prior notice or consent. This fee amounted to 4% of his pre-tax subtotal of $140. When questioned about the charge, a server named Alexandra suggested it might be related to medical expenses but admitted she did not benefit from it personally.
Xue argues that this practice violates several California laws designed to protect consumers from misleading pricing tactics. He cites the Unfair Competition Law (California Business and Professions Code §§17200 et seq.), which prohibits unlawful and deceptive business acts. The complaint accuses HS Restaurants of failing to disclose mandatory surcharges affecting product prices and deceptively inducing purchases by omitting these charges from advertised prices.
Additionally, Xue claims violations under the False Advertising Law (California Business and Professions Code §§17500 et seq.) for similar reasons—failing to clearly disclose all fees and charges associated with their products. The Consumer Legal Remedies Act (CLRA) is also invoked, as Xue alleges that HS Restaurants violated provisions requiring clear disclosure of all mandatory fees on advertisements or menus.
The plaintiff seeks various forms of relief from the court: actual damages for himself and other affected customers; punitive damages; injunctive relief preventing further undisclosed charges; refunds for all customers who paid hidden fees; and coverage of legal costs including filing fees. The case underscores broader concerns about transparency in consumer transactions and businesses' obligations under state law.
Representing himself pro se, Alexander Xue aims to hold HS Restaurants accountable for what he perceives as exploitative practices undermining consumer trust. As this case unfolds before Judge Sahar Enayati under Case ID CGC-24-6191153, it may set significant precedents regarding restaurant billing transparency in California.