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BUDROW v. DAVE & BUSTER'S OF CALIFORNIA, INC.

No. B205026.

171 Cal.App.4th 875 (2009)

AARON BUDROW, Plaintiff and Appellant, v. DAVE & BUSTER'S OF CALIFORNIA, INC., Defendant and Respondent.

Court of Appeal of California, Second District, Division Eight.

March 2, 2009.

Attorney(s) appearing for the Case

Kingsley & Kingsley, Eric B. Kingsley and Brian Levine for Plaintiff and Appellant.

Seyfarth Shaw, Diana Tabacopoulos; Gardere Wynne Sewell, Celeste R. Yeager and Grant H. Teegarden for Defendant and Respondent.

Law Offices of Steven Drapkin, Steven Drapkin; Paul, Hastings, Janofsky & Walker and Stephen L. Berry for California Restaurant Association and California Hotel & Lodging Association as Amici Curiae on behalf of Defendant and Respondent.

OPINION

FLIER, J.

Appellant Aaron Budrow brought a putative class action against respondent Dave & Buster's of California, Inc., on the theory that distributions from the "tip pool" to persons who did not provide direct table service violated Labor Code section 351 (section 351).1 After demurrers to two of appellant's three causes of action were sustained without leave to amend,2...

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