Legal Question in Business Law in California

Re: Suing A Restaurant

Sure, but why? Were you harmed? You have to plead and prove damage. Otherwise, you will lose. Damage is a necessary element of most tort claims, including negligence. The exceptions I know of are that intentional torts such as assault, trespass, false imprisonment, etc. can be pled and proved without an allegation or proof of harm done, but the award of damages will be nominal. It used to be half a shilling; nowadays I think a dollar is common.

Re: Suing A Restaurant

Sure you can. Was it a really big, gnarly bug? Did you save the bug? Did you poke little holes in the top of the jar so it won't suffocate? Did you ask the waiter, "Waiter, what's this fly doing in my soup?"

Unfortunately, bugs are found in restaurant food about as often as in Microsoft software.

You have nothing to lose by taking the restaurant to small claims court, except your time and the possible humiliation of being flyswatted out of court.