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Case 2:18-cv-02571-FMO-AGR Document 1 Filed 03/29/18 Page 1 of 7 Page ID #:1

1 TUCKER ELLIS LLP


BART L. KESSEL SBN 125080
2 bart.kessel@tuckerellis.com
VALERIA GOLODNITSKA, SBN 289865
3 valeria.golodnitska@tuckerellis.com
4
515 South Flower Street
Forty-Second Floor
5 Los Angeles, CA 90071-2223
Telephone: 213.430.3400
6 Facsimile: 213.430.3409
7 Attorneys for Plaintiff
SCHAWK USA, INC.
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9 UNITED STATES DISTRICT COURT


Chicago ♦ Cleveland ♦ Columbus ♦ Houston ♦ Los Angeles ♦ San Francisco ♦ St. Louis

10 FOR THE CENTRAL DISTRICT OF CALIFORNIA


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12 SCHAWK USA, INC., CASE NO.: 2:18-CV-02571


TUCKER ELLIS LLP

13 Plaintiff, COMPLAINT OF SCHAWK USA, INC.


FOR:
14 v.
(1) BREACH OF CONTRACT
15 TERRA TECH CORP., (2) UNJUST ENRICHMENT
16 Defendant. (3) COMMON COUNT – ACCOUNT
STATED
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(4) COMMON COUNT – OPEN BOOK
18 ACCOUNT
(5) COMMON COUNT – MONEY HAD
19
AND RECEIVED
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DEMAND FOR A JURY TRIAL
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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
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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
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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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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

13 excess of $179,005.10, plus continuing interest and late fees.


14 FIRST CLAIM FOR BREACH OF CONTRACT
15 AGAINST DEFENDANT TERRA TECH, CORP.
16 15. Schawk incorporates by reference paragraphs 1 through 14 of this
17 Complaint.
18 16. Starting in May 2014, Terra Tech contracted with Schawk to provide, inter
19 alia, brand development, brand strategy, and design services in connection with Terra
20 Tech’s launch of a new line of products.
21 17. Upon Schawk’s completion of the work performed pursuant to the parties’
22 agreement, Schawk submitted invoices to Terra Tech itemizing the amounts due for
23 Schawk’s services.
24 18. Terra Tech received and accepted Schawk’s services and the related
25 invoices.
26 19. Pursuant to the terms and conditions governing the parties’ agreement, Terra
27 Tech was required to pay for the services received from Schawk within thirty days of the
28 date of invoice.
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PLAINTIFF SCHAWK USA, INC.’S. COMPLAINT FOR DAMAGES
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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.
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13 23. Schawk incorporates by reference paragraphs 1 through 22 of


14 this Complaint.
15 24. Terra Tech ordered services from Schawk and Schawk provided Terra
16 Tech with those services.
17 25. Terra Tech accepted those services from Schawk and received the
18 benefit thereof.
19 26. Terra Tech has failed to remit payment to Schawk for the services that
20 Terra Tech ordered and received.
21 27. As a result of having received and benefited from Schawk’s services
22 without providing just compensation, Terra Tech has been unjustly enriched
23 28. As a direct result of Terra Tech’s unjust enrichment, Schawk has
24 suffered damages.
25 29. WHEREFORE, Schawk respectfully requests that this Court enter
26 judgment against Defendant Terra Tech Corp. for actual and consequential damages
27 sustained by Schawk, plus interest, costs, and any other relief as the Court may deem
28 reasonable and just.
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PLAINTIFF SCHAWK USA, INC.’S. COMPLAINT FOR DAMAGES
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1 THIRD CLAIM FOR COMMON COUNT – ACCOUNT STATED


2 AGAINST DEFENDANT TERRA TECH, CORP.
3 30. Schawk incorporates by reference paragraphs 1 through 29 of
4 this Complaint.
5 31. Terra Tech became indebted to Schawk because an account was stated in
6 writing by and between Terra Tech and Schawk in which it was agreed that Terra
7 Tech was indebted to Schawk.
8 32. The sum in excess of $179,005.10, which is a reasonable value, is due
Chicago ♦ Cleveland ♦ Columbus ♦ Houston ♦ Los Angeles ♦ San Francisco ♦ St. Louis

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.
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13 33. Schawk incorporates by reference paragraphs 1 through 32 of


14 this Complaint.
15 34. Terra Tech became indebted to Schawk on an open book account for
16 money due in the sum in excess of $179,005.10.
17 35. The sum in excess of $179,005.10, which is a reasonable value, is due and
18 unpaid despite Schawk’s demand, plus prejudgment interest on that amount at the rate
19 of ten percent (10%) per year from the date that payment should have been made.
20 FIFTH CLAIM FOR COMMON COUNT – MONEY HAD AND RECEIVED
21 AGAINST DEFENDANT TERRA TECH, CORP.
22 36. Schawk incorporates by reference paragraphs 1 through 35 of
23 this Complaint.
24 37. Terra Tech became indebted to Schawk in the amount in excess of
25 $179,005.10 for money had and received by Terra Tech for the use and benefit
26 of Schawk.
27 38. Schawk has previously demanded payment and hereby repeats its
28 demand for payment.
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PLAINTIFF SCHAWK USA, INC.’S. COMPLAINT FOR DAMAGES
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1 39. Terra Tech has refused to make payment.


2 40. Schawk is informed and believes and thereon alleges that there is a balance due in
3 the amount in excess of $179,005.10, plus prejudgment interest on that amount at the
4 rate of ten percent (10%) per year from the date that payment should have been
5 made. PRAYER FOR RELIEF
6 WHEREOF Schawk respectively requests entry of a judgment and order on all
7 claims as follows:
8 1. For compensatory damages in the amount of at least 179,005.10;
9 2. For costs of suit incurred herein;
Chicago ♦ Cleveland ♦ Columbus ♦ Houston ♦ Los Angeles ♦ San Francisco ♦ St. Louis

10 3. For prejudgment interest;


11 4. For such other and further relief as the Court may deem just, proper, and
12 appropriate.
TUCKER ELLIS LLP

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14 DATED: March 29, 2018 TUCKER ELLIS LLP


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16 By: /s/ Valeria Golodnitska


17 Bart L. Kessel
Valeria Golodnitska
18 Attorneys for Plaintiff
19 SCHAWK USA, INC.

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PLAINTIFF SCHAWK USA, INC.’S. COMPLAINT FOR DAMAGES
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1 DEMAND FOR A JURY TRIAL


2 Schawk requests a trial by jury on all issues for which it is entitled to a jury.
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4 DATED: March 29, 2018 TUCKER ELLIS LLP


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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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PLAINTIFF SCHAWK USA, INC.’S. COMPLAINT FOR DAMAGES
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