The People of the State of California v. CSK Auto Inc.
Published: Nov. 8, 2014 | Result Date: Jul. 1, 2014 | Filing Date: Jan. 1, 1900 |Case number: CIVDS 1409523 Settlement – $1,550,000
Court
San Bernardino Superior
Attorneys
Plaintiff
Michael A. Ramos
(Office of San Bernardino District Attorney)
Douglas S. Poston
(Office of San Bernardino District Attorney)
Defendant
James Michael Peterson
(Higgs, Fletcher & Mack LLP)
Facts
The People of the State of California filed a lawsuit against CSK Auto Inc., which runs automotive stores in California, including O'Reilly Auto Parts.
Contentions
PLAINTIFF'S CONTENTIONS:
The People alleged the CSK committed certain pricing violations, including sale prices and discounts on items that were not being applied when the items were scanned at checkout. The People also alleged that CSK failed to comply with the terms of a 2008 injunction against it.
Result
The court entered a stipulated final judgment, whereby CSK agreed to pay $1,120,814.20, which would be divided in four equal amounts between the San Bernardino District Attorney's Office, the Santa Clarita District Attorney's Office, the Santa Cruz District Attorney's Office, and the San Diego City Treasurer. CSK further agreed to pay plaintiff's costs in the amount of $161,977 and also agreed to pay cy pres restitution of $200,000. In addition, CSK was enjoined from charging an amount greater than the advertised price for any of its items and was ordered to implement a compliance program to correct inaccurate prices at its stores. CSK also agreed to implement a program that allowed customers who discovered an overcharge to obtain $5.00 off the price of the item, or if the item was less than $5.00 CSK would give the item to the customer for free.
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