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# Pavilions to stand trial for overcharging
- URL: https://www.smdp.com/pavilions-to-stand-trial-for-overcharging/
- Published: 2003-04-26T15:00:00.000Z
- Updated: 2026-10-23T02:05:58.000Z
- Author: John Wood
- Tags: Crime, Montana, #archive-import

*Pavilions jury trial to begin Monday in Malibu*

After months of judicial back-and-forth, Pavilions on Montana Avenue is going to trial.

The city is suing the Santa Monica grocery store for allegedly charging customers more at checkout than the prices advertised on aisleway tags, according to court documents.

Lawyers for Pavilions, which is owned by the Vons Company, argued for a dismissal of the lawsuit Friday, pointing to a handful of similar cases statewide that have been found in the company’s favor.

But Superior Court Judge Lawrence J. Mira denied the request. He said the facts in the current case are different and scheduled the suit for a Malibu jury trial beginning Monday.

Charges were filed against Pavilions following an October 2001 inspection by the L.A. County Department of Weights and Measures.

The undercover investigation showed that the store charged full price for items that advertised discounts for “club card” carriers.

Customers buying Hungry Jack Waffles, Taglio Primo Brie cheese and four other items were overcharged by as much as $2.90, inspectors said.

Lawyers for the grocery store admit that discount tags are sometimes left up after offers expire, but said the price tags have dates clearly printed on them.

More than 10,000 special offers are made at Pavilions each week, lawyers said.

“We have human beings doing these,” said attorney Fred Dibernardo, adding that expired tags are usually pulled down immediately but sometimes stay up for as long as three days.

Both a Whittier judge and an L.A. County administrative judge have thrown out similar cases on the grounds that the issues have been tried in Vons’ favor in the past.

Dibernardo said he hoped Mira would do the same.

“It’s the identical case,” he said. “They’re taking another bite at the apple, I guess.”

But Mira decided to hear the case, saying the transactions at issue should stand on their own.

“We’re dealing with totally different factual circumstances,” Mira said.

Deputy District Attorney Eda Suh, who works with the city’s consumer protection unit, agreed.

“When you go to the grocery store, you assume you’ll be charged for what (the price tags show),” she said, adding that Pavilions should be held responsible for the lapse whether it was intentional or mechanical.

> “When you go to the grocery store, you assume you’ll be charged for what (the price tags show).” — - EDA SUH Deputy District Attorney

Pavilions faces six counts of scanner violations and one count of false advertising. The first charge carries a maximum penalty of one year in jail and a $1,000 fine, while the second carries a maximum penalty of six months in jail and a $2,500 fine.

With the penalty assessment fee, which is tacked on to all criminal penalties, city officials said Pavilions faces more than $20,000 in possible fines.

\- Deputy District Attorney Eda Suh

*Originally published in the Santa Monica Daily Press print edition on April 26, 2003.* [Read the original PDF.](https://s3.us-east-1.amazonaws.com/smdp%5Fbackissues/042603.pdf?ref=smdp.com)