Sam Lavi, individually and on behalf of all others v. BJ’s Restaurants, Inc.

(CN) - BJ's Restaurants refuses to redeem gift cards with a cash value of less than $10, a violation of California law, a class action claims.

The Defendant operates a number of restaurants in California under the brand names BJ's Restaurant & Brewery, BJ's Restaurant and Brewhouse, BJ's Pizza & GRill, and BJ's Grill.

In a complaint filed on July 13, lead plaintiff Sam Lavi says she visited one of these locations within the past 12 months, used her gift card to pay for purchases, but was left with a balance on the card of less than $10.

Lavi says she asked a food server if she could obtain the cash balance on the card, and was told should could not, that "balance had to remain on the card for future use at BJ's."

She says then had investigations performed on her behalf, and that these investigation revealed that BJ's employees consistently refused to honor valid requests for cash back on gift cards with a balance of less than $10.

As a result, Lavi says, "Defendant has become unjustly enriched - and will continue to become unjustly enriched - by Defendant retaining the actual cash paid for such gift cards and by requiring consumers to redeem gift cards for Defendant's food, beverages and merchandise only, even when Plaintiff and other Calidornia consumers do not wish to purchase Defendant's food, beverages and merchandise."

Lavi seeks injunctive relief and restitution to all gift card holders who currently have a balance of less than $10 on their card.

She is represented by Phillip Poliner of Fineman Poliner LLP in Anaheim Hills, Calif.

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