On November 1, 2011, the United States District Court for the Northern District of California issued an opinion denying a motion to dismiss filed by Safeway, Inc. in a class action filed by Chimicles & Tikellis LLP (C&T) alleging that Safeway overcharges customers who order groceries for home delivery. The complaint alleges that, despite telling consumers that the prices for delivered groceries will be the same as the price in the store from which the groceries are delivered, Safeway secretly adds 10% or more to the in-store price of most groceries it delivers. C&T brought claims for breach of contract under California’s consumer protection laws, which are applicable to all consumers who place orders on Safeway.com, Genuardis.com, or Vonns.com. The Court denied Safeway’s motion to dismiss in its entirety, concluding that “[Safeway] clearly stated that there was price parity between the online prices and the prices charged in the store.”
Steven A. Schwartz
Timothy N. Mathews










