This case was last updated from California Courts of Appeal on 09/30/2021 at 20:47:17 (UTC).

Mercado v. Jechi Inc. et al.

Case Summary

On 09/09/2019 Mercado filed an Other lawsuit against Jechi Inc. This case was filed in California Courts of Appeal, First Appellate District - Division 1 located in Statewide, California. The Judge overseeing this case is Herbert, Paul. The case status is Pending - Other Pending.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ***8348

  • Filing Date:

    09/09/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Other

  • County, State:

    Statewide, California

Judge Details

Trial Court Judge

Herbert, Paul

 

Party Details

Appellant and Plaintiff

Ismael Mercado

Defendants and Respondents

Micha Oh

Jessica Oh

Chiyoung Moon

Jechi Inc.

Dongwoon Lee

Attorney/Law Firm Details

Appellant and Plaintiff Attorneys

Daniel Berko

819 Eddy Street

San Francisco, CA 94109

Carlos Jato

819 Eddy Street

San Francisco, CA 94109

Defendant and Respondent Attorneys

Joong Y. Im

1970 Broadway, Suite 1030

Oakland, CA 94612

Kate Sungeun Shin

Attorney at Bird Marella

1875 Century Park E Fl 23

Los Angeles, CA 90067

Ekwan Eric Rhow

Attorney at Bird Marella et al APC

1875 Century Park E 23Fl

Los Angeles, CA 90067

 

Court Documents

A158348M

Court of Appeal Opinion

 

Docket Entries

  • 04/20/2021
  • DocketDescription: Case complete.

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  • 04/20/2021
  • DocketDescription: Remittitur issued.

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  • 03/10/2021
  • DocketDescription: Mod. of opinion filed (no change in judgment).; Notes: THE COURT: It is ordered that the opinion filed herein on February 17, 2021, be modified as follows: 1. On page 24, in the first full paragraph, in the second sentence, which begins "We emphasize," we replace "be confined to" with "based on," so the sentence reads: We emphasize, however, that such PAGA claim must be based on the allegations stated in the current FAC concerning his employment at Bowl'd Albany, the only restaurant in which he was employed by Jeschi. 2. On page 24, at the end of the first full paragraph that begins with "To the extent," add: Should Mercado establish standing as an "aggrieved employee" under section 2699, subdivision (c), he may assert a representative action under PAGA on behalf of all affected Jechi employees at the Bowl'd Albany and Korean Spoon Bistro restaurants. (See Huff v Securitas Security Services USA, Inc. (2018) 23 Cal.App.5th 745, 754; Crestwood Behavioral Health, Inc. v. Superior Court (Feb. 17, 2021, A160523) ___ Cal.App.5th ___, ___ [2021 WL 613700 at p. *3].) We express no opinion as to the merits of these potential claims. The modification does not change the appellate judgment. (Cal. Rules of Court, rule 8.264(c)(2).) Respondent's petition for rehearing is denied.

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  • 03/04/2021
  • DocketDescription: Rehearing petition filed.

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  • 02/17/2021
  • DispositionDescription: Affirmed in part and reversed in part; Disposition Type: Final The order of dismissal is affirmed in part and reversed in part. The matter is remanded to allow Mercado leave to amend the FAC to allege, if he is able, a PAGA claim limited in scope to the matters addressed in this opinion. The parties shall bear their own costs on appeal.; Publication Status: Signed Unpublished; Author: Sanchez, Gabriel P.; Participants: Humes, James M. (Concur) Banke, Kathleen M. (Concur)

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  • 02/17/2021
  • DocketDescription: Opinion filed.; Notes: (Signed Unpublished) The order of dismissal is affirmed in part and reversed in part. The matter is remanded to allow Mercado leave to amend the FAC to allege, if he is able, a PAGA claim limited in scope to the matters addressed in this opinion. The parties shall bear their own costs on appeal.

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  • 02/09/2021
  • DocketDescription: Cause argued and submitted.; Notes: Daniel Berko appeared for appellant, Joong for respondents: Kansai Japanese Restaurant; Dongwon Lee; Kate Shin for respondents: OMC Brands LLC; Eat Bop Corp.; Kho Corp; Jechi, Inc.; Micha Oh; Jessica Kwon; Chiyoung Moon.

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  • 02/04/2021
  • DocketDescription: Request for oral argument filed by:; Notes: Respondents' Renewed Request for Oral Argument

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  • 02/03/2021
  • DocketDescription: Request for oral argument filed by:; Notes: Appellant's Renewed Request for Oral Argument

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  • 02/01/2021
  • DocketDescription: Issued tentative opinion or disputed issued memo; Notes: NOTICE OF TENTATIVE OPINION A158348-Ismael Mercado v. Jechi Inc., et al. This case is scheduled for oral argument on the court's February 9, 2021 calendar. The court is distributing the attached tentative opinion to the parties before the argument. The court believes the record and briefs satisfactorily present the facts and the controlling legal authority, and it is prepared to rule along the lines set forth in the tentative opinion. If neither party notifies the court before the close of business on February 5, 2021, that oral argument is still desired in light of the tentative opinion, the matter will be taken off the February 9, 2021 calendar and the court's final opinion will reflect the substance of the tentative opinion.

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30 More Docket Entries
  • 10/10/2019
  • DocketDescription: Record on appeal filed.; Notes: R-1(attached to designation)

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  • 10/10/2019
  • DocketDescription: Appellant's notice designating record on appeal filed in trial court on:; Notes: 09/27/19. Designating 8.124 with RT(attached).

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  • 10/04/2019
  • DocketDescription: Civil case information statement filed.; Notes: Plaintiff and Appellant: Ismael Mercado Attorney: Carlos Jato Order attached.

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  • 10/04/2019
  • DocketBrief: Civil case information statement filed.; Party Attorney: Plaintiff and Appellant: Ismael MercadoAttorney: Carlos Jato; Notes: Order attached.

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  • 10/03/2019
  • DocketDescription: Certificate of interested entities or persons filed by:; Notes: Submitted by appellant

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  • 09/26/2019
  • DocketDescription: Received default notice 8.121(a) designation not filed. Dated:; Notes: 09/25/19

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  • 09/17/2019
  • DocketDescription: Default notice sent-appellant notified per rule 8.100(c).

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  • 09/17/2019
  • DocketDescription: Notified parties of local rules and procedures.

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  • 09/17/2019
  • DocketDescription: Notice of appeal lodged/received.; Notes: Filed 09/09/19 by Counsel for Plaintiff Carlos Jato appealing order from 08/07/19.

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  • 08/07/2019
  • DocketTrial Court Name: Alameda County Superior Court - Main; County: Alameda; Trial Court Case Number: RG18899432; Trial Court Judge: Herbert, Paul

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