Complaint,Petition: Fenchem, Inc. -v- SDC Nutrition, Inc. et al Print

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                                Aijun Zhang.       SBN   222‘32’6                                                      V
      Law Offices         of Aij un Zhang
id
      17890 Castleton       Street, Suite       304
      City of Industry.       CA   91   748
      6209641830                                                                              S%?&%%§§§§§Er%k"omm
      626-964 1 981 (fax)                                                                           SAN BERNARDmBo DISTfi'gO
      Attorneys for Plaintiff
                                                                                                        MAY 2 0       2021
      Fcnchenn     Inc.

                                                                                                             '
                                                                                                                         ’
                                                                                            BY
                                                                                                     CHms GOLDSTEIN, DEPUTY


                              SUPERIOR COURT 0F THE STATE OF CALIFORNIA
                                            FOR THE COUNTY 0F SAN BERNARDINO




     H?NCHHM. mo.             a California corporation.                Case No.
                                                                                         C|V SB          2   1    1   h 8 8        1


                 Plaintiff,                                                COMPLAINT FOR:

     vs.                                                                       l.   Breach ofContract
                                                                               -.   Breach ofCovenant 0f Good Faith and
     SDC NUTRITION, INC. a Delaware                                                 Fair Dealing,
              and DOES through 25.
     coz‘paration;                      1                                      3.   Negligent Misrepresentation
     inclusive                                                             4.       Intentional Misrepresentation


                Defendants.




                                                              W
           Plaintiff     Fenchcm.       Inc.   (“Fenchem”) alleges as follows:




           1.        PlaintiffFenchem            is   a California corporation with principal business office located in


     Chino. County 0f San Bemardino. State ofCalifomia.


           2.        I’laintiffis   informed and believes Defendant                   SDC   Nutrition. Inc.      ("SDC")     is,   and   at all



     times herein relevant was. a Delaware corporation with principal business office                                    in Pittsburgh,



     E’ennsylvania. and doing business in               County of San Bernardino, State ofCalifomia.

            (‘ompizxim                                             -   ]
                                                                           -
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                                                                       I




                  3.           The   {rue nzhfcs       and capaciiics. whether corpuratc. aficiate. individuaL 0r 'othcrwisc.


Ix.)       Qfdefcndams sued herein as Does                   I   through 2S. arc unknown 10 Plaintiffat                 this time,      who   thercfipre


1’)
           sues said defendants by fictitious names. Plaintiff will                           amend    this   Complaint   t0   show   the true       names


           and   capacities;     0f Does   I   through 25 when the same have been ascertained.                          Plaintii’t‘is   inibrmcd and


           believes, and         upon   that basis alleges. that            each 0f these fictitiously named defendants                        is   legally

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           responsible in         some manner           for the events       and occurrences herein alleged. and                     that Plaintiff‘s



           damages      as alleged herein            were proximately caused hereby.
600%




                  4.           Upon     information and belief. each Ofthe defendants are the agent, partner. servants


           andg’or   employees        of'thc other defendants,             and   at all     times relevant herein. each defendant acted


           within the scope and authority ofsuch agency and/or employment. and with the permission. consent.


           andfor ratificaticn 0f their co-defendams.


                                                 STATEMENT 0F JURISDICTION AND VENUE

                   5.          This action      is   filed   in the   County 0fSan Bernardina, San Bernardino                      Districi.        because


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           plaintiff has principal business place in the                    County 0f San Bcrnardino. State 0f California. or                          the


           agreement between             plaintiff      and defendants was entered into                      in   County 0f San Bernardino, 0r

           substantial acts 0r omissions giving rising t0 the causes                          of actions alleged herein uecurred              in   County

           Oszm      Bemardino, State ofCalifomia.



                                                             FACTUAL ALLEGATIONS

                   6.          Fcnchem     is   a global manufacturer and marketer of ingredients fer nutriticn                           & health.
k) k)




I‘d Lo)
          food, beverage. cosmetic; etc.


                   7.          On    or about    March      20. 201 9.     Fcnchem entered            into a written    agreement with SDC‘


          (“the 03/20/201 9 agreement) pursuant t0                   which       SDC        agreed t0 buy 6000 kgs Hydrolyzcd Bovine


          Collagen from Fenchem             at total price       0f$60.000.00.              A copy   of the 03/20/2019 agreement           is



          attached hereto as Exhibit            1.




                     Complain!                                                    -   Ix)