Legal Question in Civil Litigation in California

I have not heard of any such decision, and I doubt it is true.

The rationale you describe does not make much sense. By that logic, the restaurant couldn't charge you anything for your food. The food may indeed be your property when you eat it, but only because you have agreed to pay the restaurant the corresponding prices. If those prices include a charge for sharing a dish, then that is part of what you agreed to pay when you placed your order. I don't see any reason why such a charge should be illegal.

I find it hard to believe that anyone would ever take this matter to court, and if he did I seriously doubt that it would be appealed where there would be written opinion. Perhaps another attorney can correct me if I am mistaken. Basically, if you go to a restaurant and it has split, share, or plate fee; and you don't want to pay it, go to another restaurant. Even if a diner was sucessful in her claim, it would only be worth the $4 split fee (hardly worth it).