California Court of Appeal

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Audio Visual Services v. Superior Court of Los Angeles County, B256266

In this class action involving whether plaintiff and his representative class of audio-visual workers are within the class of hotel workers entitled to be paid service charges pursuant to the Hotel Service Charge Reform Ordinance in the Los Angeles Municipal Code (L.A. Mun. Code section 184.02), defendant's petition for writ of mandate challenging the trial court's order overruling their demurrer to the unfair competition cause of action is granted, and the trial court is direct to reverse its order, where, because the class action complaint does not allege that plaintiff and the class he seeks to represent are within the class of hotel workers who traditionally relied on gratuities, and no proposed amendment could cure this defect, the complaint fails to state an unfair competition claim based upon a violation of the Ordinance.

Appellate Information

  • Decided 01/21/2015
  • Published 01/21/2015

Judges

  • Aldrich

Court

  • California Court of Appeal

Counsel