RMG Sunset Restaurants Living Wage Surcharge Class Action Settlement

A class action settlement valued at $6.1 million is now available to California restaurant patrons who paid living wage surcharges at restaurants owned by RMG Sunset.

Plaintiff Jay South claims that restaurants owned by defendant RMG Sunset Inc. added living wage surcharges to their patrons’ bills without first disclosing those charges.

South says he paid one of these surcharges himself when he paid his bill at Cabo Cantina restaurant in Marina Del Rey, Calif. in August 2016. He alleges the bill’s total of $62.76 included a 4.9 percent surcharge and that Cabo Cantina did not provide him any notice of this surcharge before he ordered his food.

South claims these surcharges constituted false advertising and an unfair and deceptive business practice that violates California consumer protection laws. He raised claims under the state Unfair Competition Law, False Advertising Act, Consumers Legal Remedies Act, and provisions of the California Business and Professions Code, plus a claim for unjust enrichment.

Restaurants that allegedly imposed these living wage surcharges are within the Sunset Restaurant Management Group. They include any Cabo Cantina, Baja Beach Café, Fiesta Cantina, PB Cantina, Jameson’s Irish Pub and Sunset Trocadero Lounge.

The settlement provides for a full refund of all living wage surcharges for Class Members who have receipts documenting their transactions at one of the defendant restaurants. Class Members who do not have receipts can choose to receive either a minimum payment via check or a voucher for a discount off a new purchase at any of RMG Sunset’s restaurants.

RMG Sunset says its restaurants stopped assessing the living wage surcharge at all of their restaurants as of May 31, 2017. They confirm that no restaurant within the Sunset Restaurant Management Group will assess the charge for at least five years after the effective date of the settlement.

The settlement does not require RMG Sunset to admit any liability, and the court has made no decision on that issue.

Objections to the settlement and requests for exclusion must be received by April 30, 2018.

Who’s Eligible

Class Members include all persons who between Jan. 1, 2012 and May 31, 2017 purchased food or drinks at one of the defendants’ restaurants and paid an undisclosed living wage surcharge.

Qualifying restaurants include:

• Cabo Cantina
• Baja Beach Café
• Fiesta Cantina
• PB Cantina
• Jameson’s Irish Pub
• Sunset Trocadero Lounge

Potential Award

Full Refund.

Class Members can get a full refund of the amount they paid in living wage surcharges if they submit receipts documenting those payments. Class Members who do not have receipts to submit can choose between either a $3 payment via check or a voucher for a 10 percent discount off a new purchase at any of the defendants’ restaurants.

Proof of Purchase

Class Members seeking full reimbursement of the surcharges they paid must submit receipts documenting those surcharges. Class Members who claim the $3 payment or the voucher do not need to submit receipts.

Claim Form

CLICK HERE TO FILE A CLAIM »

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

5/21/2018

Case Name

South v. RMG Sunset Inc., et al., Case No. BC 652905, in Los Angeles County Superior Court

Final Hearing

8/3/2018

Settlement Website

www.SouthSurchargeSettlement.com

Claims Administrator

South v. RMG Sunset Inc. Settlement Administrator
c/o Heffler Claims Group
P.O. Box 42764
Philadelphia, PA 19101-2764
contact@SouthSurchargeSettlement.com
Class Counsel: (858) 793-6244

Class Counsel

Camille DeCamp
Timothy E. Campen
SLATTERY SOBEL & DeCAMP LLP

Defense Counsel

Moe Keshavarzi
SHEPPARD MULLIN RICHTER & HAMPTON LLP