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Restaurant Accused of Deceptive Pricing Practices

NORTHERN CALIFORNIA RECORD

Tuesday, December 24, 2024

Restaurant Accused of Deceptive Pricing Practices

State Court
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A San Francisco restaurant is under fire for allegedly deceiving its customers with hidden fees. Alexander Xue, the plaintiff, filed a complaint on October 23, 2024, in the Superior Court of California against Troia Alimentari Italiani, Inc., accusing the company of unlawful business practices at their restaurant "54 Mint." The lawsuit alleges that the defendant secretly added a "SB Mandate" fee to customer bills without proper disclosure.

According to the complaint, Xue visited 54 Mint on October 21, 2024. He ordered food and drinks based on the prices listed on the menu, only to find an unexpected $15.84 charge labeled as "SB Mandate" on his receipt. This fee amounted to 6% of his pre-tax subtotal of $264.00. Xue claims that this charge was not disclosed anywhere on the menu or during his visit. The plaintiff argues that this practice violates several California laws designed to protect consumers from deceptive pricing tactics.

Xue's complaint outlines three primary 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 accuses Troia Alimentari Italiani, Inc. of failing to disclose mandatory surcharges, misleading customers about product prices, and harming competitors by presenting deceptively low prices.

The lawsuit highlights that while there is an exception for restaurants regarding certain fees under California law, it requires these fees to be clearly displayed with explanations on menus or advertisements. Since Troia Alimentari Italiani did not comply with these requirements, they are accused of breaching consumer protection laws.

Xue seeks various forms of relief from the court: actual damages in an amount according to proof, punitive damages, injunctive relief preventing further illegal actions by the defendant, a mandate for refunds to all affected customers including himself, coverage for legal costs incurred during the suit process, and any other relief deemed appropriate by the court.

The case is being handled in San Francisco County under Case Number CGC-24-619189. Alexander Xue is representing himself pro se in this matter.

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