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Budrow v. Dave & Buster's of California, Inc., B205026

In a class action suit, trial court's grant of defendant's motion for summary judgment is affirmed where: 1) bartenders employed by defendant may participate in tip pools established pursuant to the Labor Code, as the Code does not distinguish between direct and indirect table service or limit tip pools to employees providing direct table service; and 2) plaintiff cannot maintain his action under the Business and Professions Code, as it is predicated solely on the alleged illegality of defendant's tip pool.

Appellate Information

  • Decided 03/02/2009
  • Published 03/02/2009


  • FLIER, J.


  • California Court of Appeal


  • For Appellant:
  • Kingsley & Kingsley, Eric B. Kingsley, Encino, and Brian Levine, Palo Alto, for Plaintiff and Appellant.

  • For Appellees:
  • Seyfarth Shaw, Diana Tabacopoulos, Los Angeles;  Gardere Wynne Sewell, Celeste Y. Winford and Grant H. Teegarden for Defendant and Respondent., Law Offices of Steven Drapkin, Steven Drapkin, Los Angeles;  Paul, Hastings, Janofsky & Walker and Stephen L. Berry, Costa Mesa, as Amicus Curiae on behalf of Defendant and Respondent.
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