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Case

2:18-cv-02571-FMO-AGR

Document 14

Filed 06/01/18

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BUCHALTER A Professional Corporation

Roger L. Scott (SBN 247165) 18400 Von Karman Avenue, Suite 800

Irvine, CA 92612-0514 Telephone: 949.760.1121

Fax: 949.720.0182 Email: rscott@buchalter.com

 

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Attorneys for Defendant

Terra Tech Corp.

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UNITED STATES DISTRICT COURT

 

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CENTRAL DISTRICT OF CALIFORNIA

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SCHAWK USA, INC.,

Case No. 2:18-CV-02571-FMO-AGR

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Plaintiff,

DEFENDANT TERRA TECH CORP.’S ANSWER TO PLAINTIFF SCHAWK USA, INC.’S COMPLAINT; DEMAND FOR JURY TRIAL

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vs.

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TERRA TECH CORP.,

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Defendant.

 

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BUCHALTER

A P ROFESSIONAL CORPORATION

I RVINE

DEFENDANT’S ANSWER TO COMPLAINT

BN 33100563v1

Case No. 2:18-CV-02571-FMO-AGR

Case

2:18-cv-02571-FMO-AGR

Document 14

Filed 06/01/18

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Page ID #:27

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Defendant Terra Tech Corp (“Terra Tech” or “Defendant”) hereby submits

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this Answer to the Complaint of Plaintiff Schawk USA, Inc. (“Schawk” or

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“Defendant”) as follows:

 

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1. Defendant denies the allegations of this paragraph.

 

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I.

THE PARTIES

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2. Defendant lacks sufficient information to admit or deny the allegations

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in this paragraph and on that basis denies those allegations.

 

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3.

Defendant lacks sufficient information to admit or deny the allegations

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in this paragraph and on that basis denies those allegations.

 

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4. Defendant admits the allegations of this paragraph

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II.

JURISDICTION AND VENUE

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5. Defendant denies that Schawk is a proper party to this lawsuit and on

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that basis denies that complete diversity exists between the parties. Defendant lacks

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sufficient to admit or deny the amount properly in controversy in this action.

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6.

Defendant admits that it is subject to personal jurisdiction in this

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district. Defendant denies the remaining allegations in this paragraph.

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III.

FACTUAL ALLEGATIONS

 

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Defendant denies that it entered into any contract with Schawk.

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Defendant admits that, in or about May 2014, it entered into a contract with the

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entities SGK, Inc. and/or Anthem Worldwide to perform various services.

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Defendant denies the remaining allegations in this paragraph.

 

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8.

Defendant lacks sufficient information to admit or deny, and therefore

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denies, that Schawk performed any services for Defendant. Defendant admits that

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it received various invoices from Schawk for services purportedly performed by

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SGK, Inc. and/or Anthem Worldwide. Defendant denies the remaining allegations

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in this paragraph.

 

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9.

Without admitting the legal effect of any contractual provisions,

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Defendant admits that the May 2014 agreement with SGK, Inc. and/or Anthem

BUCHALTER

A P ROFESSIONAL CORPORATION

I RVINE

DEFENDANT’S ANSWER TO COMPLAINT

BN 33100563v1

Case No. 2:18-CV-02571-FMO-AGR

Case

2:18-cv-02571-FMO-AGR

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Filed 06/01/18

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Worldwide purported to require payment within 30 days of invoice and a 1.5%

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monthly interest charge. Defendant denies the remaining allegations in this

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paragraph.

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10.

Without admitting the legal effect of any contractual provisions,

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Defendant admits that certain invoices purported to provide for a 1% monthly

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interest charge. Defendant denies the remaining allegations in this paragraph.

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11. Defendant denies the allegations of this paragraph.

 

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12. Defendant denies the allegations of this paragraph.

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13. Defendant denies the allegations of this paragraph.

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14. Defendant denies the allegations of this paragraph.

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FIRSC CLAIM FOR BREACH OF CONTRACT

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AGAINST DEFENDANT TERRA TECH, CORP.

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15. Defendant incorporates its admissions and denials set forth in

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paragraphs 1 through 14 above.

 

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16.

Defendant denies that it entered into any contract with Schawk.

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Defendant admits that, in or about May 2014, it entered into a contract with the

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entities SGK, Inc. and/or Anthem Worldwide to perform various services.

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Defendant denies the remaining allegations in this paragraph.

 

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17.

Defendant lacks sufficient information to admit or deny, and therefore

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denies, that Schawk performed any services for Defendant. Defendant admits that

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it received various invoices from Schawk for services purportedly performed by

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SGK, Inc. and/or Anthem Worldwide. Defendant denies the remaining allegations

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in this paragraph.

 

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18.

Defendant lacks sufficient information as to what services and related

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invoices Schawk contends were received and accepted and on that basis denies the

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allegations of this paragraph.

 

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BUCHALTER

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A P ROFESSIONAL CORPORATION

I RVINE

DEFENDANT’S ANSWER TO COMPLAINT

BN 33100563v1

Case No. 2:18-CV-02571-FMO-AGR

Case

2:18-cv-02571-FMO-AGR

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Filed 06/01/18

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19.

Without admitting the legal effect of any contractual provisions,

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Defendant admits that the May 2014 agreement with SGK, Inc. and/or Anthem

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Worldwide purported to require payment within 30 days of invoice.

 

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20. Defendant denies the allegations of this paragraph.

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21. Defendant denies the allegations of this paragraph.

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22. Defendant denies that Schawk is entitled to any damages or other

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relief.

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SECOND CLAIM FOR UNJUST ENRICHMENT

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AGAINST DEFNEDANT TERRA TECH, CORP.

 

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23. Defendant incorporates its admissions and denials set forth in

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paragraphs 1 through 22 above.

 

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24. Defendant denies the allegations of this paragraph.

 

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25. Defendant denies the allegations of this paragraph.

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26. Defendant denies the allegations of this paragraph.

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27. Defendant denies the allegations of this paragraph.

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28. Defendant denies the allegations of this paragraph.

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29. Defendant denies that Schawk is entitled to any damages or other

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relief.

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THIRD CLAIM FOR COMMON COUNT-ACCOUNT STATED

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AGAINST DEFNEDANT TERRA TECH, CORP.

 

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Defendant incorporates its admissions and denials set forth in

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paragraphs 1 through 29 above.

 

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31. Defendant denies the allegations of this paragraph.

 

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32. Defendant denies that Schawk is entitled to any damages or other

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relief.

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BUCHALTER

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A P ROFESSIONAL CORPORATION

I RVINE

DEFENDANT’S ANSWER TO COMPLAINT

BN 33100563v1

Case No. 2:18-CV-02571-FMO-AGR

Case

2:18-cv-02571-FMO-AGR

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FOURTH CLAIM FOR COMMON COUNT-OPEN BOOK ACCOUNT

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AGAINST DEFNEDANT TERRA TECH, CORP.

 

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Defendant incorporates its admissions and denials set forth in

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paragraphs 1 through 32 above.

 

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34. Defendant denies the allegations of this paragraph.

 

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35. Defendant denies that Schawk is entitled to any damages or other

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relief.

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FIFTH CLAIM FOR COMMON COUNT-MONEY HAD AND RECEIVED

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AGAINST DEFNEDANT TERRA TECH, CORP.

 

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Defendant incorporates its admissions and denials set forth in

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paragraphs 1 through 35 above.

 

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37. Defendant denies the allegations of this paragraph.

 

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38. Defendant denies that Schawk previously demanded payment and

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therefore denies that its Complaint is a “repeat” of any such demand.

 

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Defendant denies that it has refused to make payment for any amounts

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properly due and owing.

 

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Defendant denies that Schawk is entitled to any damages or other

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relief.

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PRAYER FOR RELIEF

 

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Defendant denies that Schawk is entitled to any damages or other relief.

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BUCHALTER

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A P ROFESSIONAL CORPORATION

I RVINE

DEFENDANT’S ANSWER TO COMPLAINT

BN 33100563v1

Case No. 2:18-CV-02571-FMO-AGR

Case

2:18-cv-02571-FMO-AGR

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Filed 06/01/18

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Page ID #:31

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AFFIRMATIVE DEFENSES

 

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Without assuming the burden of proof on any matters that would otherwise

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rest with Plaintiff, and expressly denying any and all wrongdoing, Defendant

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asserts the following affirmative defenses.

 

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FIRST AFFIRMATIVE DEFENSE Unclean Hands

 

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1.

Plaintiff’s Complaint is barred, in whole or in part, by the doctrine of

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unclean hands. Specifically, Plaintiff deliberately billed for amounts in excess of

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those agreed upon by the parties.

 

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SECOND AFFIRMATIVE DEFENSE Laches

 

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Plaintiff’s Complaint is barred, in whole or in part, by the doctrine of

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laches. Specifically, Plaintiff unreasonably delayed in the bringing of this

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Complaint for nearly four years after the alleged breach.

 

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THIRD AFFIRMATIVE DEFENSE Unconscionability

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Plaintiff’s Complaint is barred, in whole or in part, by the doctrine of

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unconscionability. Specifically, Plaintiff’s claims for interest exceed the amounts

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permitted under applicable usury laws.

 

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FOURTH AFFIRMATIVE DEFENSE Estoppel

 

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Plaintiff’s Complaint is barred, in whole or in part, by the doctrine of

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estoppel. Specifically, Plaintiff, by its words or conduct, communicated that no

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further amounts were due and owing from Defendant, or, in the alternative, that

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Defendant was not required to remit payment within 30 days, and Defendant relied

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on those representations.

 

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BUCHALTER

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A P ROFESSIONAL CORPORATION

I RVINE

DEFENDANT’S ANSWER TO COMPLAINT

BN 33100563v1

Case No. 2:18-CV-02571-FMO-AGR

Case

2:18-cv-02571-FMO-AGR

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Filed 06/01/18

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Page ID #:32

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FIFTH AFFIRMATIVE DEFENSE Lack of Privity

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Plaintiff’s Complaint is barred, in whole or in part, by a lack of privity.

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Specifically, Schawk USA, Inc. is not in privity of contract with Defendant.

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SIXTH AFFIRMATIVE DEFENSE Lack of Standing

 

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Plaintiff’s Complaint is barred, in whole or in part, by Plaintiff’s lack

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of standing. Specifically, Schawk USA, Inc. is not a party to any contract with

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Defendant.

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SEVENTH AFFIRMATIVE DEFENSE Waiver

 

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Plaintiff’s Complaint is barred, in whole or in part, because Plaintiff

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waived its rights under any applicable contract. Specifically, Plaintiff, by its words

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or conduct, communicated that no further amounts were due and owing from

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Defendant.

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EIGHTH AFFIRMATIVE DEFENSE Absence of Condition Precedent

 

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8.

Plaintiff’s Complaint is barred, in whole or in part, by the absence of a

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condition precedent. Specifically, Plaintiff was obligated to obtain consent or

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authorization to perform services above and beyond those specifically stated in the

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contract, but failed to obtain the required consent or authorization. NINTH AFFIRMATIVE DEFENSE Payment

 

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Plaintiff’s Complaint is barred, in whole or in part, by reason of

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Plaintiff’s receipt of payment. Specifically, Defendant has already paid for all

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services properly due and owing under the contract.

 

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BUCHALTER

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A P ROFESSIONAL CORPORATION

I RVINE

DEFENDANT’S ANSWER TO COMPLAINT

BN 33100563v1

Case No. 2:18-CV-02571-FMO-AGR

Case 2:18-cv-02571-FMO-AGR

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Document 14

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TENTH AFFIRMATIVE DEFENSE

Failure to Join Indispensable Parties

10. Plaintiff’s Complaint is barred, in whole or in part, by Plaintiff’s

failure to join indispensable parties. Specifically, Plaintiff has failed to join SGK,

Inc. and/or Anthem Worldwide.

ELEVENTH AFFIRMATIVE DEFENSES

Failure to Mitigate

11. Plaintiff’s Complaint is barred, in whole or in part, by Plaintiff’s

failure to mitigate damages. Specifically, Plaintiff failed to take reasonable steps to

avoid incurring damages and/or to recoup any lost amounts.

TWELFTH AFFIRMATIVE DEFENSE

Failure to State a Claim

12. Plaintiff’s Complaint is barred, in whole or in part, by Plaintiff’s

failure to state a claim. Specifically, Plaintiff has failed to properly attach the

written contract alleged and/or specifically state the contents of the contract.

PRAYER

WHEREFORE, Defendant prays as follows:

1. That Plaintiff take nothing by reason of its Complaint, and that

judgment be rendered in favor of Defendant;

2. That Defendant be awarded its costs of suit incurred in defense of this

action; and

3. For such other relief as the Court deems just and proper.

BUCHALTER A Professional Corporation

By: /s/ Roger L. Scott

DATED: June 1, 2018

Roger L. Scott Attorneys for Defendant Terra Tech Corp.

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DEFENDANT’S ANSWER TO COMPLAINT

BN 33100563v1

Case No. 2:18-CV-02571-FMO-AGR

BUCHALTER

A P ROFESSIONAL CORPORATION

I RVINE

Case 2:18-cv-02571-FMO-AGR

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Document 14

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CERTIFICATE OF SERVICE

The undersigned hereby certifies that a true and correct copy of the above

and foregoing document has been served on June 1, 2018, to all counsel of record

who are deemed to have consented to electronic service via the Court’s CM/ECF

system per Civil Local Rule 5.4. Any counsel of record who have not consented to

electronic service through the Court’s CM/ECF system will be served by electronic

mail, first class mail, facsimile and/or overnight delivery.

/s/Roger L. Scott

Roger L. Scott

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DEFENDANT’S ANSWER TO COMPLAINT

BN 33100563v1

Case No. 2:18-CV-02571-FMO-AGR

BUCHALTER

A P ROFESSIONAL CORPORATION

I RVINE

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