In a bold legal move, a California resident has taken a stand against what he claims is deceptive business practice by a local restaurant. Alexander Xue filed a complaint on February 18, 2025, in the Superior Court of California, County of San Francisco, against 2036 Lombard Street, LLC. The lawsuit accuses the defendant of secretly inflating customer bills with undisclosed fees at their establishment.
The case centers around an incident that occurred on July 24, 2024, when Xue visited "Westwood," a restaurant and bar operated by the defendant at 2 Marina Blvd in San Francisco. According to the complaint, Xue was presented with a menu listing food and beverage items along with their prices. Trusting these prices to be accurate representations of his costs, Xue ordered food and paid using his credit card. However, upon reviewing his receipt later, he discovered an unexpected charge labeled “SF Surcharge / PPE,” amounting to $0.50 or approximately 5.55% of his pre-tax subtotal. This fee was neither disclosed nor explained on the menu or during the transaction.
Xue argues that this practice violates several California laws designed to protect consumers from unfair business practices. He cites violations of Business and Professions Code §§ 17200 et seq., which prohibits unlawful and fraudulent business acts; §§ 17500 et seq., which targets false advertising; and the Consumer Legal Remedies Act (CLRA), Civil Code §§ 1750 et seq., which prohibits deceptive acts in commerce. The complaint highlights that while some exceptions exist for restaurants under these laws, they require all fees to be clearly displayed with explanations—a requirement Xue claims was not met by Westwood.
The plaintiff seeks multiple forms of relief from the court: an injunction preventing further illegal charges by the defendant without proper disclosure; an order for refunds to all affected customers; reimbursement for legal costs incurred during this suit; and any additional relief deemed appropriate by the court.
This case will be presided over under Case ID CGC-25-622482 in front of Judge Sahar Enayati at the Superior Court of California in San Francisco County. Representing himself pro se, Alexander Xue takes on this legal battle without formal legal representation.