Two Ceres men will have to appear in court to answer charges that they defrauded Denny's out of $28.16 after eating early Tuesday morning, May 26 breakfasts for which they both refused to pay.

Jessie Gallion, 57, and Cuom Phan, 37, ordered and ate full breakfasts at Denny's. Gallion walked out for a smoke and was then followed by Phan. A restaurant employee confronted the two for not paying but they refused to return and began walking away. At around midnight a police officer came along and cited both on defrauding an innkeeper charges.