plaintiffs case management statement

Cal. Super. - 1st Dist.September 21, 2021

Shannon Guevara (SBN: 301873) CGC-18-569414 Vicki Ross Venquest BG, LLC dba Buckhorn Grill 10/30/2019 10:30 a.m. 610 Plaintiff Vicki Ross, individually and on behalf of all others similarly situatedX 9/04/2018 and First Amended Complaint filed on 5/14/2019 X 1. Breach of Contract; 2. Breach of Duty of Good Faith and Fair Dealing; 3. California Bus. & Prof. § 17500, et seq. 4. California Bus. & Prof. § 17200, et seq. Counsel on behalf of Plaintiff SGuevara@BBLawGroupLLP.com San Francisco 400 McAllister St. 400 McAllister St. San Francisco, CA 94102 Civic Center Courthouse X 5. Negligent Misrepresentation; 6. Intentional Misrepresentation; 7. Conversion; 8. Concealment; 9. Common Count: Mistaken Receipt 10. California Civil Code §§ 1750, et seq. Plaintiff Vickie Ross, individually and on behalf of all others similarly situated ELECTRONICALLY F I L E D Superior Court of California, County of San Francisco 10/15/2019 Clerk of the Court BY: DARLENE LUM Deputy Clerk Vicki Ross Venquest BG, LLC dba Buckhorn Grill CGC-18-569414 X On or about March 22, 2018 Plaintiff ate at Defendant Buckhorn's restaurant, located at 619 Market St., San Francisco, California 94105. After eating, Plaintiff was billed a “surcharge” of $0.34, which was hidden, without explanation, between the “Taxable” and “Tax” portions of the bill. Plaintiff's bill subtotaled $8.99, so the surcharge amount was 3.8% of the total. Instead of being charged the stated, listed, and offered price for the items, Plaintiff was charged a higher price without her agreement. The higher price was not disclosed to Plaintiff prior to Plaintiff paying for the meal and was not agreed to by Plaintiff in anyway. Rather, Defendant Blue Barn unilaterally added the surcharge to the items, increasing the price by 3.8 percent. Plaintiff was only notified of the surcharge after her payment was processed and only in a cryptic and vague manner: Defendant Blue Barn included a charge for “3.8% SF Surcharge.” 10-15 Vicki Ross Venquest BG, LLC dba Buckhorn Grill CGC-18-569414 Vicki Ross Venquest BG, LLC dba Buckhorn Grill CGC-18-569414 Per CodePlaintiff Plaintiff Plaintiff Depositions Written Discovery Expert Discovery Per Code Per Code X Motion for class certification filed by Plaintiff . Vicki Ross Venquest BG, LLC dba Buckhorn Grill 10/15/2019 Shannon Guevara CGC-18-569414 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 PROOF OF SERVICE BORDIN MARTORELL LLP 6100 Center Dr. SUITE 1130 LOS ANGELES, CA 90045 (323) 457-2110 PROOF OF SERVICE I am employed in the County of Los Angeles, State of California. I am over the age of 18 and not a party to the within action. My business address is 6100 Center Drive, Suite 1100, Los Angeles, California 90045. On October 15, 2019, I served the within document(s) described as: PLAINTIFF'S CASE MANAGEMENT STATEMENT on the interested parties in this action as stated on the attached mailing list. (BY MAIL) By placing a true copy of the foregoing document(s) in a sealed envelope addressed as set forth on the attached mailing list. I placed each such envelope for collection and mailing following ordinary business practices. I am readily familiar with this Firm's practice for collection and processing of correspondence for mailing. Under that practice, the correspondence would be deposited with the United States Postal Service on that same day, with postage thereon fully prepaid at Los Angeles, California, in the ordinary course of business. (BY ELECTRONIC SERVICE) Complying with Code of Civil Procedure § 1010, I caused such document(s) to be Electronically Filed and Served through the _for the above-entitled case. Upon completion of transmission of said document(s), a filing receipt is issued to the filing party acknowledging receipt, filing and service by ____ ’s system. A copy of the filing receipt page will be maintained with the original document(s) in our office. Executed on October 15, 2019, at Los Angeles, California. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Kally Imaicela (Signature) X 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 PROOF OF SERVICE BORDIN MARTORELL LLP 6100 Center Dr. SUITE 1130 LOS ANGELES, CA 90045 (323) 457-2110 Case No. CGC-18-569414 CLIENT: Vicki Ross FILE NO.: 1139.004 SERVICE LIST Alan G. Novodor, Esq. LAW OFFICES OF ALAN G. NOVODOR 11835 W. Olympic Boulevard, Suite 1125 E Los Angeles, California 90064-5001 Tel: (310)479-9387 Fax: (310)479-9388 Emails: novodor@msm.com Attorney for Defendant: Venquest BG, LLC dba Buckhorn Grill