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Plaintiff Schawk USA, Inc. (“Schawk”) files the following Complaint against
25 Defendant Terra Tech Corp. (“Terra Tech”).
26 1. This matter concerns Defendant Terra Tech’s failure to make the required
27 monetary payments due and owing to Plaintiff Schawk for the goods and services
28 provided by Schawk to Terra Tech under the parties’ agreement.
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PLAINTIFF SCHAWK USA, INC.’S. COMPLAINT FOR DAMAGES
1345335.1
Case 2:18-cv-02571-FMO-AGR Document 1 Filed 03/29/18 Page 2 of 7 Page ID #:2
1 I. THE PARTIES
2 2. Schawk is a corporation organized under the laws of the State of Illinois
3 and currently maintains its principal place of business at 1600 Sherwin Ave., Des
4 Plaines, IL 60018 United States.
5 3. Schawk provides digital prepress and other graphic services primarily for
6 consumer product packaging, advertising, and point-of-sale marketing. Schawk also
7 provides brand strategy and creative design services under its Anthem Group brand.
8 4. Terra Tech is a Nevada corporation with its principal place business
Chicago ♦ Cleveland ♦ Columbus ♦ Houston ♦ Los Angeles ♦ San Francisco ♦ St. Louis
9 located at 18101 Von Karman Avenue, Third Floor, Irvine, CA 92612. Upon
10 information and belief, Terra Tech is a cannabis-focused agriculture company that
11 cultivates and provides medical cannabis and other agricultural products.
12 II. JURISDICTION AND VENUE
TUCKER ELLIS LLP
13 5. The United States District Court for the Central District of California has
14 jurisdiction over the instant action pursuant to 28 U.S.C. § 1332 because there is
15 complete diversity between the parties and the amount in controversy exceeds
16 $75,000, excluding interest and fees.
17 6. Venue is proper in the Central District of California pursuant to 28 U.S.C.
18 § 1391 because Terra Tech is subject to personal jurisdiction in this district
19 and Terra Tech’s breach of the parties’ agreement occurred in this district. III.
20 FACTUAL BACKGROUND
21 7. In May 2014, Terra Tech contracted with Schawk to provide, inter alia,
22 brand development, brand strategy, and design services in connection with Terra
23 Tech’s launch of a new line of products.
24 8. After Schawk completed the brand and design services performed for Terra
25 Tech, Schawk submitted invoices to Terra Tech that itemize the amounts due to Schawk.
26 9. Pursuant to paragraph 11 of the terms and conditions governing the parties’
27 agreement, Terra Tech was required to remit payment to Schawk within thirty days from
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PLAINTIFF SCHAWK USA, INC.’S. COMPLAINT FOR DAMAGES
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Case 2:18-cv-02571-FMO-AGR Document 1 Filed 03/29/18 Page 3 of 7 Page ID #:3
1 the date of Schawk’s invoice. That same paragraph entitled Schawk to an interest charge
2 of 1.5% per month on all overdue accounts.
3 10. The invoices also entitled Schawk to a late fee of 1% per month on
4 all overdue accounts.
5 11. Schawk performed all of the required duties and obligations under the
6 parties’ agreement.
7 12. Despite Schawk’s performance, Terra Tech has failed and refused to pay
8 Schawk for the brand development, brand strategy, and design services delivered to Terra
9 Tech.
Chicago ♦ Cleveland ♦ Columbus ♦ Houston ♦ Los Angeles ♦ San Francisco ♦ St. Louis
10 13. All conditions precedent to Terra Tech’s duty to perform have occurred.
11 14. Due to Terra Tech’s failure and refusal to pay Schawk the sums of money
12 due and owing under the parties’ agreement, Schawk has been damaged in an amount in
TUCKER ELLIS LLP
1 20. Contrary to the terms of the parties’ agreement, Terra Tech has failed and
2 refused to pay Schawk for services ordered and delivered under the following invoice
3 numbers: US103-1003746, US103-1004034, US103-1004051, and US103-1004442.
4 21. As a result of Terra Tech’s failure to pay the amounts due pursuant to
5 the invoices, Terra Tech has breached its agreement with Schawk, which has
6 damaged Schawk in an amount in excess of $179,005.10.
7 22. WHEREFORE, Schawk respectfully requests that this Court enter
8 judgment against Defendant Terra Tech Corp. in the amount in excess of $179,005.10,
Chicago ♦ Cleveland ♦ Columbus ♦ Houston ♦ Los Angeles ♦ San Francisco ♦ St. Louis
9 plus interest and late fees as required by the parties’ agreement, and any other relief as
10 the Court may deem reasonable and just.
11 SECOND CLAIM FOR UNJUST ENRICHMENT
12 AGAINST DEFENDANT TERRA TECH, CORP.
TUCKER ELLIS LLP
9 and unpaid despite Schawk’s demand, plus prejudgment interest at the rate of ten
10 percent (10%) from the date the sum mentioned above became due and owing.
11 FOURTH CLAIM FOR COMMON COUNT – OPEN BOOK ACCOUNT
12 AGAINST DEFENDANT TERRA TECH, CORP.
TUCKER ELLIS LLP
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PLAINTIFF SCHAWK USA, INC.’S. COMPLAINT FOR DAMAGES
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By: /s/ Valeria Golodnitska
7 Bart L. Kessel
Valeria Golodnitska
8 Attorneys for Plaintiff
SCHAWK USA, INC.
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Chicago ♦ Cleveland ♦ Columbus ♦ Houston ♦ Los Angeles ♦ San Francisco ♦ St. Louis
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TUCKER ELLIS LLP
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PLAINTIFF SCHAWK USA, INC.’S. COMPLAINT FOR DAMAGES
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