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22 Catt. 1: SUNdeVICH v. SUNdeVICH

2013 July 10

CATTLEYA, J., delivered the opinion of the Cart in which JEREMY, C.J., concurred. 

SUNdeVICH is a sandwich shop that runs out of a converted garage in Naylor Court. It started out as a brick-and-mortar operation in 2011, and last year it launched a food truck.  This Court undoubtedly has jurisdiction to review sandwiches from SUNdeVICH’s food truck, but do we have jurisdiction to review sandwiches from the original brick-and-mortar shop?


SUNdeVICH (food truck)


Our case law tells us that the answer must be yes. In In re Pupatella, 8 Catt. 4 (2012),  we declined to extend jurisdiction to a brick-and-mortar restaurant that previously, but no longer, operated as a food cart. In that case, we “[left] open the question of whether this court’s jurisdiction extends to a brick-and-mortar restaurant that concurrently operates a food cart” or food truck. We revisited a variation of that question in In re Curbside Cupcakes Kiosk, 20 Catt. 4 (2013). There, we were confronted not with a traditional brick-and-mortar establishment, but with an indoor kiosk at a food court. We granted jurisdiction to the kiosk because Curbside Cupcakes “simultaneously operates food trucks within our jurisdiction and the kiosk vends the same cupcakes as the food trucks.”

SUNdeVICH (brick-and-mortar)

SUNdeVICH (brick-and-mortar)

Today, we finally hold that this Supreme Cart has jurisdiction to review a brick-and-mortar restaurant that concurrently operates a food cart or truck when  that brick-and-mortar offers the same menu items as the food cart or truck. Here, the SUNdeVICH brick-and-mortar and food truck both offer gourmet sandwiches inspired by flavors found in cities across the globe. Although the food truck only offers about half of the brick-and-mortar’s twenty sandwiches, a visit to the food truck is representative of the brick-and-mortar and vice versa.


Having determined that we may properly review the sandwich offerings of SUNdeVICH’s brick-and-mortar, naturally we must ask whether the brick-and-mortar or the food truck is better. We address this question in the context of the Milan sandwich, which we ordered from both the permanent and mobile locations. SUNdeVICH classifies the Milan sandwich as a breakfast sandwich because it includes eggs, but it is appropriate at any time of the day. We had it for lunch twice. In addition to eggs, the Milan sandwich is comprised of pancetta, gorgonzola, arugula, and garlic mayo. It is served on a French style demi-baguette.

Milan sandwich

Milan sandwich (food truck)

Wow. The combination of flavors was perfect, and the sandwich was downright phenomenal. The bread was wonderfully crusty, the pancetta was salty, the arugula added pepperiness, and the gorgonzola was strong and creamy. And the egg! My brother and I are big fans of eggs. See In re Seoul Food, 3 Catt. 2 (2011) (affirming bibimbap with a perfectly-executed sunny side up egg). SUNdeVICH — both the brick-and-mortar and the food truck — met our high expectations for eggs. It made every bite a joy to eat.

So who made the better Milan sandwich? I am pleased to say that the brick-and-mortar and food truck executed the sandwich equally well. Consistency is highly valued in the food industry, and SUNdeVICH gets high marks. That being said, the Milan sandwich from the food truck wins out as a better deal. While the sandwich from the food truck was a little smaller in size, it was still a good-sized lunch portion. It was also cheaper, priced at $7 instead of the brick-and-mortar’s $10. Until Congress approves appropriations to pay for the business-related meals of the members of this Court, $10 will forever seem to me like a high price for a sandwich.


SUNdeVICH’s Milan sandwich is a masterpiece of delicious, fresh flavors. Get it for a reasonable $7 from the food truck if you can. If you can’t, the higher-priced (and larger) version from the brick-and-mortar is still worth it. You must try this at least once.

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