Gaby's Bags, LLC v. Mercari, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
GABY'S BAGS, LLC, Plaintiff/Counterdefendant, No. C 20-00734 WHA
v.
MERCARI, INC., ORDER GRANTING LEAVE TO
AMEND A COUNTERCLAIM
Defendant/Counterplaintiff.
15 INTRODUCTION In this breach-of-contract action, counterplaintiff online marketplace moves for leave to amend its counterclaim to join counterdefendants. To the following extent, the motion is GRANTED. STATEMENT Defendant/counterplaintiff, Mercari, Inc., promotes its web platform called Mercari.com for commerce in miscellaneous goods as a venue where “anyone can sell” (Dkt. No. 4 at 5–6, 11, 15). Plaintiff/counterdefendant, Gaby’s Bags, LLC, operated a seller’s account on Mercari, generating $400,000 in handbag sales from January 2017 until the account’s termination in May 2019 (Dkt. No. 7 ¶¶ 9, 35). Because of Gaby’s Bags’ suspicious bank account deposits and high volume of sales on multiple platforms and department…