Suing a Hotel for Wrongful Accusation Leading to Getting Kicked Out

[MarvinCarlos80]

My question involves a consumer law issue in the State of: CALIFORNIA

Hi. I need as much legal advice here. On Saturday October 09, 2010. 3 of my friends visiting from New York had specifically booked a $380 suite at the Hard Rock Hotel located in the gaslamp district of downtown San Diego, CA. 5 others from Los Angeles, 1 from Florida, and 4 locals from San Diego were to meet at the Hard Rock at the nightclub/bar located in the hotel lobby. The plaintiff from Florida had also purchased a bottle/table service for $480. We were all there to celebrate a reunion of friends. Just about 45 minutes into the night, a security guard had approached our table and asked all the girls that were there at that time to come outside with him. He had told them that they were being kicked out of the club because of an altercation. The females in our group were shocked as they do not have any idea of what is going on. The security guard had accused them of being involved with with a female that was injured outside. The victim was nowhere to be seen as the females in our group wanted to prove their innocence and wanted the security guard to show them the girl who said it was one of the girls in our group. It was only one security guard (supposedly the head security guard) that was talking to them. The males in our group were still inside. Once we found out that they were no longer coming back in, we had no choice but to leave the establishment. The bar would not refund the cost of the table/bottle service and they would not give us a chance to prove our innocence. Upon leaving the nightclub, the plaintiff (person who rented the suite at the hotel) had a brief talk with the manager and they had said it was a caucasian female that had hit a bottle over another females head. The funny thing is we are an all asian minority group! We just found this out right after we had all exited the venue. We feel we were wrongfully accused and discriminated and that we were legitimate paying customers (for the hotel suite and the bottle/table service). They had completely had ruined our reunion and we had to move the party to a different venue down the street in complete disgust. Please help us bring justice to this as this is almost like highway robbery. We feel this could also be a case of racial/gender prejudice. Currently the person who booked the suite had recently sent a certified letter explaining their wrong doing. We are hoping to get, at the bare minimum, compensated for thier hotel room and bottle/table service costs (close to $900). However, they can not compensate us for the embarassment and the lost of memories that would've been created if were never wrongfully accused of being involved in an altercation. How can one security guard kick out a random selected group of girls from our table and not show them the victim who he says was attacked. One of the girls in our group was in the dance floor and she was not kicked out because she was not at the table at the time that the security guard came by.

[Dogmatique]

You have no class action case here.

At the very most, you may be able to persuade the bar to reimburse the cost of the bottle/table service. But frankly they're within their rights to eject any consumer at any point in time if they believe there's something going on - even if there is no proof.

[MarvinCarlos80]

You have no class action case here.

At the very most, you may be able to persuade the bar to reimburse the cost of the bottle/table service. But frankly they're within their rights to eject any consumer at any point in time if they believe there's something going on - even if there is no proof.

Are you serious?! I'm sure there has to be a loophole around this and the jury would agree if we took them to small claims court.. even if they have the right to eject any consumer, we, as consumers have rights as well.. You can't sell me a room, a bottle/table service, and then kick me out after I paid you for no legitimate reason at all.. ANY OTHER ATTORNEYS OR LAW EXPERTS can fill in on this?

[antrc170]

Did the bar actually kick the paying customer out, or just the girls who were at the table? If the bar forced the paying customer out (he just didn't walk out because his gf got kicked out) then you can argue that the bar never fulfilled the service agreement.

[jk]

I have no idea why you believe you would be due the cost of the room. You were kicked out of the bar, not the hotel.


saying it was racial or gender discrimination doesn't make it so. What support do you have that it was either?

the plaintiff (person who rented the suite at the hotel) had a brief talk with the manager and they had said it was a caucasian female that had hit a bottle over another females head.

and yet, even with the managers statement is was a Caucasian your friend simply walked away and didn't even say:

well, take a look at the girls they are booting. They are obviously not Caucasian so obviously it could not have been any of them.

Surely seems odd that the manager stated the suspect was Caucasian yet allowed several Asians to be blamed and removed for the assault.