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Katherine M. Knudsen (Bar No. 125731)
Michelle J. Wells (Bar No. 279967
PROCOPIO, CORY, HARGREAVES &
SAVITCH LLP
12544 High Bluff Drive, Suite 400
San Diego, CA 92130
Telephone: 858.720.6300
Facsimile: 619.235.0398
E-mail: kathy.knudsen@procopio.com
michelle.wells@procopio.com
Attorneys for Plaintiff
SUN GRO HORTICULTURE DISTRIBUTION INC.
SUPERIOR COURT OF THE STATE OF CALIFORNIA
10 COUNTY OF SONOMA
11 SUN GRO HORTICULTURE DISTRIBUTION Case No. 23CV01627
INC., a Delaware corporation,
12 DECLARATION OF MICHELLE J.
Plaintiff, WELLS IN SUPPORT OF SUN GRO
13 HORTICULTURE DISTRIBUTION
Vv. INC.’S APPLICATION FOR DEFAULT
14 JUDGMENT BY COURT AGAINST
PATRICK KING, an individual and doing PATRICK KING
15 business as SOIL KING and SOIL KING JR.; and
DOES | through 20, inclusive,
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Defendants.
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18 I, Michelle J. Wells, declare as follows:
19 1 Iam over 18 years of age and am an attorney licensed to practice law before all courts
20 of California. I am an attorney with the law firm of Procopio, Cory, Hargreaves & Savitch LLP,
21 counsel for Plaintiff Sun Gro Horticulture Distribution Inc. (“Sun Gro”). I have personal knowledge
22 of all the facts in this Declaration except as to matters stated to be based on information and belief
23 and, if called to testify, I could and would testify competently and truthfully to said matters.
24 Baxter Bailey & Associates Lawsuit
25 2. Iam the primary handling attorney for Sun Gro in this matter and was also the primary
26 handling attorney for Sun Gro in the matter of Baxter Bailey & Associates, Inc. v. Sun Gro
27 Horticulture, et al., Sonoma County Superior Court, Case No. SCV-271341.
28 //1
DECLARATION OF MICHELLE J. WELLS IN SUPPORT OF SUN GRO HORTICULTURE’S APPLICATION
FOR DEFAULT JUDGMENT BY COURT AGAINST PATRICK KING
3 In the complaint filed by Baxter Bailey & Associates, Inc., it alleged that Sun Gro
was responsible for the unpaid trucking charges incurred by Organiking LLC. A true and correct
copy of the complaint filed by Baxter Bailey & Associates, Inc. against Sun Gro is attached hereto
as Exhibit 1.
4 After Sun Gro filed a demurrer and after discussions between myself and counsel for
Baxter Bailey & Associates, Inc., the complaint was dismissed against Sun Gro on September 25,
2023. However, Sun Gro was forced to incur attorneys’ fees to achieve this result. A true and correct
copy of the Request for Dismissal is attached hereto as Exhibit 2.
Patrick King’s Default
10 5 In the instant action, Defendant Patrick King, an individual and doing business as Soil
11 King and Soil King Jr., was served with the summons and complaint on December 7, 2023. A true
12 and correct copy of the Complaint is attached hereto as Exhibit 3. A true and correct copy of the
13 proof of service of summons reflecting service on Mr. King is attached hereto as Exhibit 4.
14 6 As no responsive pleading was filed by Mr. King, Sun Gro requested entry of default,
15 which was entered on January 9, 2024. A true and correct copy of the request for entry of default is
16 attached hereto as Exhibit 5.
17 Attorneys’ Fees and Costs
18 7 Iam a 2011 graduate of the University of San Diego School of Law. I have been an
19 attorney in the litigation group at Procopio since 2014. I have substantial experience in handling a
20 wide variety of litigation matters, but my main practice areas are construction litigation and
21 telecommunications disputes. My hourly rate on this matter and the Baxter Bailey & Associates
22 matter is $585/hour. In the Baxter Bailey & Associates matter and the instant matter against Patrick
23 King, I performed the bulk of the work, but I also utilized the assistance of paralegals and other
24 attorneys on as-needed basis.
25 8 In the Baxter Bailey & Associates matter, my billed time defending Sun Gro was
26 reasonably spent on factual investigation, legal research, filing a demurrer, and communications with
27 counsel for Baxter Bailey & Associates for a total of $22,572 in fees. This amount does not include
28 the fees incurred by my colleagues William Smelko and Lianlian Wu for their time incurred in
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DECLARATION OF MICHELLE J. WELLS IN SUPPORT OF SUN GRO HORTICULTURE’S APPLICATION
FOR DEFAULT JUDGMENT BY COURT AGAINST PATRICK KING
132723-00000001/7708440.1
monitoring the Organiking bankruptcy matter (explained below), which fees have been deducted
from the total.
9. In pursuing this action against Patrick King, through January 2024, I reasonably billed
time for factual investigation, legal research, filing the complaint, and filing this request for default
judgment for a total of $9,875 in fees. This amount does not include the fees incurred by my
colleague William Smelko for his time incurred in monitoring the Organiking bankruptcy matter,
which fees have been deducted from the total. Although there are additional hours billed to this
matter for February 2024, because the invoice has yet to be generated, said hours are not included in
this request for default judgment (but no waiver of their legitimacy/recoverability is intended).
10 10. True and correct copies of the aforementioned fees are reflected in the invoices
11 attached hereto as Exhibit 6, with appropriate redactions for attorney-client privileged information
12 and exclusion of the amounts billed by Mr. Smelko and Ms. Wu.
13 ll. Reimbursable costs relating to the lawsuit filed against Patrick King matter total at
14 least $705.17. This includes $477.18 for filing the Complaint, $191.85 for service of the Summons
15 and Complaint, $17.04 for filing the Proof
of Service of Summons, and $19.10 for filing the Request
16 for Entry of Default. True and correct copies of the invoices and/or receipts for each of these
17 expenses are attached hereto as Exhibit 7.
18 Interest
19 12. I computed prejudgment interest at the rate of 10% per annum on the principal amount
20 due under the contract between Sun Gro and Organiking LLC. According to the Declaration of
21 Jennifer Postelnik filed herewith, the amount of $50,525.76 became due and owing no later than July
22 30, 2022. The interest calculation is thus as follows:
23 . $50,525.76 x 10% = $5,052.58 in interest per year
24 . $5,052.58 in interest per year/365 days = $13.84 in interest per day
25 July 30, 2022 through February 23, 2023 = 573 days
26 $13.84 in interest per day x 573 days = $7,930.32 in interest as of the date ofthis
27 Declaration
28 ///
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DECLARATION OF MICHELLE J. WELLS IN SUPPORT OF SUN GRO HORTICULTURE’S APPLICATION
FOR DEFAULT JUDGMENT BY COURT AGAINST PATRICK KING
132723-00000001/7708440.1
13. As for the legal fees incurred in connection with the Baxter Bailey & Associates
lawsuit, I computed prejudgment interest at the rate of 10% per annum on the principal amount. As
the lawsuit was dismissed on September 25, 2023, the amount of $22,572 in legal fees became due
and owing no later than 30 days after the date of dismissal (October 25, 2023). The interest
calculation is thus as follows:
. $22,572 x 10% = $2,257.20 in interest per year
. $2,257.20 in interest per year/365 days = $6.18 in interest per day
October 25, 2023 through February 23, 2023 = 486 days
$6.18 in interest per day x 486 days = $3,003.48 in interest as of the date of this
10 Declaration
11 Bankruptcy Filings and Mr. King’s Subsequent Business Operations
12 14. On or about March 29, 2023, Organiking filed for bankruptcy protection in U.S.
13 Bankruptcy Court for the Northern District of California and identified Soil King as a “dba.” I have
14 reviewed Organiking’s schedules, and they do not identify any heavy-duty equipment or machinery
15 being owned or leased by the business (other than a forklift). A true and correct copy of Organiking’s
16 Voluntary Petition for Non-Individuals Filing for Bankruptcy and accompanying documents is
17 attached hereto as Exhibit 8.
18 15. On June 19, 2023, the Trustee in Organiking’s bankruptcy matter, issued her Chapter
19 7 Trustee’s Report of No Distribution, stating that “no property [is] available for distribution” and
20 discharging $2,030,024.80 in claims without payment: “Chapter 7 Trustee’s Report of No
21 Distribution: I, Sarah L. Little, . . . have made a diligent inquiry into the financial affairs of the
22 debtor(s) and the location of the property belonging to the estate; and that there is no property
23 available for distribution from the estate over and above that exempted by law. .. . Key information
24 about this case as reported in schedules filed by the debtor(s) or otherwise found in the case record:
25 This case was pending for 3 months. Assets Abandoned (without deducting any secured claims): $
26 64854.10, Assets Exempt: Not Available, Claims Scheduled: $ 2030024.80, Claims Asserted: Not
27 Applicable, Claims scheduled to be discharged without payment (without deducting the value of
28 collateral or debts excepted from discharge): $ 2030024.80.” A true and correct copy of the
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DECLARATION OF MICHELLE J. WELLS IN SUPPORT OF SUN GRO HORTICULTURE’S APPLICATION
FOR DEFAULT JUDGMENT BY COURT AGAINST PATRICK KING
132723-00000001/7708440.1
Organiking bankruptcy docket reflecting the Chapter 7 Trustee’s Report of No Distribution is
attached hereto as Exhibit 9.
16. On or about June 26, 2023, Patrick King filed for bankruptcy protection in U.S.
Bankruptcy Court for the District of Arizona. At section 4.9 of his bankruptcy schedules, Mr. King
identified the debt owed to Sun Gro as his own debt. I have reviewed Mr. King’s schedules, and on
information and belief, they do not identify any heavy-duty equipment or machinery being owned
by him (despite the evident usage of such equipment as shown in Exhibit 12). A true and correct
copy of Mr. King’s bankruptcy schedules are attached hereto as Exhibit 10.
17. The bankruptcy action filed by Mr. King was dismissed on September 26, 2023 due
10 to failure to make payments. A true and correct copy of the docket in the Patrick King bankruptcy
11 matter reflecting same is attached hereto as Exhibit 11.
12 18. Attached hereto as Exhibit 12 are true and correct copies of screenshots from the
13 Facebook page for Patrick King, which were captured using the Page Vault software program that
14 allows for screen captures of web content. These screenshots show that Mr. King has resumed doing
15 business as Soil King.
16 I declare under the penalty of perjury under the laws of the State of California that the
17 foregoing is true and correct. Executed this 23rd day of February, 2024 at San Diego, California.
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Michelle J. Wells
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DECLARATION OF MICHELLE J. WELLS IN SUPPORT OF SUN GRO HORTICULTURE’S APPLICATION
FOR DEFAULT JUDGMENT BY COURT AGAINST PATRICK KING
132723-00000001/7708440.1
EXHIBIT 1
RICHARD L. GRANT, C.S.B. 093351 ELECTRONICALLY FILED
GRANT LAW, A Professional Law Corporation Superior Court of California
15375 Barranca Parkway, Suite A-208 County of Sorjoma
Irvine, CA_ 92618 8/4/2022 12:45 PM
Tel, 949-379-7172 By: Alex Fleckenstein, Deputy Clerk
Fax. 949-379-7192
Email: RGrant@GrantLawCA.com
1222.38646
Attorneys for Plaintiff:
BAXTER, BAILEY, & ASSOCIATES, INC. A CORPORATION,
AN ASSIGNEE OF TRADEWINDS BROKERAGE
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SONOMA
HALL OF JUSTICE
10
11 BAXTER, BAILEY, & ASSOCIATES, ) Case No. :SCV-271341
12
INC., A CORPORATION, AN )
ASSIGNEE OF TRADEWINDS )
13
BROKERAGE )
) [LIMITED JURISDICTION]
Plaintiff,
14 COMPLAINT FOR DAMAGES:
vs.
15 Breach of Contract
SUN GRO HORTICULTURE 7 A Open Book of Account
16 Account Stated
CANADA LIMITED PARTNERSHIP;
Quantum Meruit
17 BIOFLORAL LLC., A CALIFORNIA Unjust Enrichment
LIMITED LIABILITY COMPANY;
18 GREENGRO BIOLOGICALS LLC., A
CALIFORNIA LIMITED LIABILITY PRINCIPAL AMOUNT $27,240.00
19
COMPANY; GROUP GARDENING LLC.,
20 AN ILLINOIS LIMITED LIABILITY
COMPANY; THE SOIL KING GARDEN
21 CENTER. AKA ORGANIKING LLC., A
CALIFORNIA LIMITED LIABILITY
22
COMPANY; AND DOES 1 TO 100,
23
Defendants.
24
25
Comes Now, Plaintiff, BAXTER, BAILEY, & ASSOCIATES, INC., A
26
CORPORATION, AN ASSIGNEE OF TRADEWINDS BROKERAGE hereafter
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“Plaintiff”, for causes of action against Defendants SUN GRO
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HORTICULTURE , A CANADA LIMITED PARTNERSHIP; BIOFLORAL LLC., A
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COMPLAINT FOR DAMAGES ~ BREACH OF CONTRACT
CALIFORNIA LIMITED LIABILITY COMPANY; GREENGRO BIOLOGICALS LLC.,
A CALIFORNIA LIMITED LIABILITY COMPANY; GROUP GARDENING LLC.,
AN ILLINOIS LIMITED LIABILITY COMPANY; THE SOIL KING GARDE
CENTER AKA ORGANIKING LLC., A CALIFORNIA LIMITED LIABILITY
COMPANY; AND DOES 1 TO 100, and each of them, as follows:
PARTIES
1 Plaintiff is a Mississippi corporation and Assignee of
the herein claims, rights, and remedies entitled to or in the
possession of its Assignor(s) TRADEWINDS BROKERAGE hereafter|
10 collectively referred to as “Assignor(s)”. Such. assignment
(s)
11 were provided to Plaintiff from the aforementioned Assignor(s)
12 prior to filing of this complaint. Plaintiff maintains its|
13 offices and conducts its principal place of business in|
14 Southaven, Mississippi. Plaintiff does not conduct any|
is intrastate business in the state of California. Further,
16 Plaintiff does not either operate or maintain offices or has
17 employees, agents, or representatives working in the State off
18 California, except for attorneys hired in the State of;
19 California for selected court cases.
20 2 Defendant SUN GRO HORTICULTURE , A CANADA LIMITED
21 PARTNERSHIP, hereafter SUN, with its principal place of business
22 located in McLellan, California and conducting business in the
23 State of California including this judicial district. At all
24 times mentioned herein, SUN acted as a Shipper/Consignor of the
25 subject matter shipments.
26 3 Defendant BIOFLORAL LLC., A CALIFORNIA LIMITED
27 LIABILITY COMPANY, hereafter BIO, with its principal place of
28 business located in Las Vegas, Nevada, and conducting business
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COMPLAINT FOR DAMAGES - BREACH OF CONTRACT
in all 50 states including this judicial district. At all times
mentioned herein, BIO acted as a Receiver/Consignee of the
subject matter shipments.
4 Defendant GREENGRO BIOLOGICALS LLC., A CALIFORNIA
LIMITED LIABILITY COMPANY, hereafter GREE, with its principal
place of business located in Petaluma, CALIFORNIA, and
conducting business in all 50 states including this judicial
district. At all times mentioned herein, GREE acted as al
Receiver/Consignee of the subject matter shipments.
10 5. Defendant GROUP GARDENING LLC., AN ILLINOIS LIMITED
11 LIABILITY COMPANY, hereafter GGL, with its principal place of
12 business located in Pekin, Illinois, and conducting business in
13 all 50 states including this judicial district. At all times
14 mentioned herein, GGL acted as a Receiver/Consignee of the
1s subject matter shipments.
16 6 Defendant THE SOIL KING GARDEN CENTER AKA ORGANIKING
17 LLC., A CALIFORNIA LIMITED LIABILITY COMPANY, hereafter ORG, is|
18 a California corporation, with its principal place of business
19 located in Cloverdale, California, and conducting business in
20 the State of California including this judicial district. At all
21 times mentioned herein, ORG was the Broker and/or transportation]
22 agent of the subject matter shipments.
23 7. Plaintiff is unaware of the true names or capacities,
24 whether individual, associate, corporate, or otherwise, of
25 Defendant
(s) DOES 1 to 100, and therefore sues them by such
26 fictitious names, and leave of the court will be asked to insert
27 their true names and capacities when same have been ascertained.
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COMPLAINT FOR DAMAGES - BREACH OF CONTRACT
8 Plaintiff is informed and believes and thereon alleges
that at all times herein mentioned, Defendants, DOES 1 to 100,
were agents, servants, and employees of their co-defendants, and|
in doing the things hereinafter alleged were acting in the scope
of their authority as such agents, servants, and employees, and
with the permission and consent of their co-defendants.
JURISDICTION AND VENUE
9 This judicial district is proper venue for this action
because this judicial district is where Defendants named herein
10 conduct business therein; and/or where the breach, and breaches
il of contract and/or debts had incurred for non-payment of
12 transportation services provided by Plaintiff's motor carrier
13 Assignor(s) at the request or direction or benefit of Defendants|
14 SUN, BIO, GREE, GGL and/or Defendant’s transportation agent,
15 ORG; and/or where the payment was to be made thereto for the
16 aforementioned breach and breaches of contract and/or debts.
17 Defendant ORG owns, operates, and/or maintains a (principal
18 location or shipping warehouse facility) in Cloverland,
19 California which is the location of the transportation arrivals)
20 and/or departures for the subject matter shipments. Further,
21 Defendants purposefully established contacts within California,
22 and the actions herein arise of or are related to Defendants|
23 contacts within California.
24 10. The within action is not subject to the provisions off
25 Civil Code Section 1812.10 or 2984.4.
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COMPLAINT FOR DAMAGES - BREACH OF CONTRACT
IRST CAUSE OF ACTION-BREACH OF CONTRACT
(Against All Defendants)
11. Plaintiff refers to all of the allegations contained
in Paragraphs 1-10 of the complaint and by this reference
incorporates them herein as though fully set forth.
12. Based upon information and belief, it is thereon
alleged that at all times mentioned herein, during the year of|
2021, Plaintiff’s Assignor(s) was a licensed motor carrier. It is
further alleged on information and belief and thereon alleged
10 that the motor carrier Assignor(s) had licenses with the
11 appropriate governmental authorities available for. publid
12 viewing.
13 13. At all times mentioned herein, during the year of
14 2021, Defendants SUN, ORG, BIO, GREE, GGL , and DOES 1 to 100,
15 and each of them, were desirous of transporting certain goods
16 and wares for the benefit of their businesses from various
17 locations and be delivered to destinations as designated on the
18 Bills Of Lading and instructed by Defendants, including SUN,
19 ORG, BIO, GREE, AND GGL . Further, alleged upon information and
20 belief, the terms of payment of the shipments as to being either
21 “PREPAID” or “COLLECT” was subject to the Bills of Lading; the
22 consequence of this designation of “PREPAID” was to place onl
23 notice to all parties that the designated SHIPPER/CONSIGNOR on
24 the Bill(s) of Lading was the guarantor of payment of freight|
25 charges and had primary responsibility of the payment of the
26 freight charges that belonged to Defendant Shipper/Consignor and
27 Does 1 to 100. Secondary responsibility for payment of the
28 subject transportation charges would be the designated Defendant
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COMPLAINT FOR DAMAGES - BREACH OF CONTRACT
Consignee as the Receiver/Consignee of the goods and wares from
Defendant Shipper/Consignor, as the accepting party of said
goods/wares. In the shipments that were designated “COLLECT”,
then the Primary obligor for payment of the transportation
charges belonged to the designated Defendant Receiver/Consignee
set forth on the Bill(s) of Lading.
14. At all times mentioned herein, ORG (transportatio:
agent), with full authority, delegation, and knowledge by and of|
Defendants SUN, BIO, GREE, AND GGL , was engaged by Defendants
10 SUN, BIO, GREE, AND GGL to act as a transportation agent to
a. locate and hire motor carriers to pick up goods and wares of the
12 Defendant Shippers/Consignors from their origin location(s) ta
13 be delivered to designated locations, as instructed by Defendant|
14 SUN, BIO, GREE, AND GGL.
15 15. In or about 2021, Defendant ORG acting as ql
16 transportation agent for its disclosed principal(s) Defendants|
17 SUN, BIO, GREE, GGL, and DOES 1 to 100, and each of them,
18 engaged Plaintiff’s Assignor( as set forth in this complaint
19 to provide the transportation services described in paragraphs
20 11 and 12 (two preceding paragraph numbers) above and herein.
21 16. Further and except for those excused performances,
22 Plaintiff’s Assignor(s) had performed each and every obligation|
23 and covenant incumbent upon it by virtue of said written Bills
24 of Lading and/or transportation agreements as specified above
25 and below in this complaint and as agreed. Said delivery too
26 place during and on or about December 16, 2021, and
27 subsequently. copies of said Bills of Lading and other relevant}
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COMPLAINT FOR DAMAGES - BREACH OF CONTRACT
transportation agreements and Documents are attached to Exhibit
“ny”
17. Defendants SUN, ORG, BIO, GREE, GGL, and DOES 1 to
100, and each of them, materially breached the herein written
transportation agreement
(s) by refusing and continues to refuse
to pay the unpaid freight charges/services to the herein motor]
carrier Assignor(s) and/or Plaintiff for the principal sum off
$27,240.00. The payment of transportation charges by the shipper
and/or consignee to a freight broker/agent or any third-party
10 other than the motor carrier does not relieve the shipper’sg
11 and/or consignee’s obligation to pay the motor carrier who
12 performed the transportation services. The shipper, consignee,
13 and broker are jointly and severally liable for unpaid freight
14 charges. Oak Harbor Lines Vs. Sears Roebuck & CO. (2008) $13)
1s F.3rd 949, The consignee is further and independently liable for
16 the unpaid freight charges, due to accepting the goods and wares
17 from the motor carrier for which the consignee enjoyed the
18 economic benefit therefrom. Id. 49 U.S.C. 13706.
19 18. Plaintiff’s counsel had placed demand upon Defendants
20 SUN, ORG, BIO, GREE, GGL, and DOES 1 to 100, and each of them,
21
by virtue of this complaint and service thereof, for the
22 outstanding sum of unpaid principal and accrued interest
23 pursuant to the agreed written transportation agreements herein,
24 but said Defendants SUN, ORG, BIO, GREE, GGL, and DOES 1 to 100,
25 and each. of them, have failed to pay Plaintiff’s Assignor(s) ox
26 Plaintiff the outstanding principal sum of $27,240.00 and)
27 accrued interest from December 16, 2021. Thus, the Plaintiff's
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COMPLAINT FOR DAMAGES - BREACH OF CONTRACT
Assignor(s) and/or Plaintiff have been damaged therefore in the
said amount.
SECOND CAUSE OF ACTION-OPEN BOOK
(Against All Defendants)
19. Plaintiff refers to all of the allegations containe
in Paragraphs 1-18 of the complaint and by this reference
incorporates them herein as though fully set forth.
20. That Defendants SUN, ORG, BIO, GREE, GGL, and DOES ]|
to 100, and each of them, within the last four years and on oy
10 about December 16, 2021, became indebted to Plaintiff's
11 Assignor(s) herein on an open book account for a balance due for|
12 transportation services requested on and for the behalf of
13 Defendants SUN, ORG, BIO, GREE, GGL, and DOES 1 to 100, and each]
14 of them, and rendered at the special instance and request off
15 Defendants SUN, ORG, BIO, GREE, GGL, and DOES 1 to 100, and each]
16 of them, and for which Defendants SUN, ORG, BIO, GREE, GGL, and
17 DOES 1 to 100, and each of them, promised to pay the sum of|
18 $27,240.00.
19 21. Although demand for payment of a said sum of has been
20 made, by virtue of this complaint and service thereof,
21 Defendants SUN, ORG, BIO, GREE, GGL, and each of them, have
22 failed and refused to pay the said sum, and the whole principal}
23 amount thereof is now due, and owing, and unpaid, together wit
24 interest at the rate of ten (10) percent per annum, from and
25 after December 16, 2021.
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COMPLAINT FOR DAMAGES - BREACH OF CONTRACT
THIRD CAUSE OF ACTION-ACCOUNT STATED
(Against All Defendants)
22. Plaintiff refers to all of the allegations contained
in Paragraphs 1-21 of the complaint and by this reference
incorporates them herein as though fully set forth.
23. That within the last four years prior to filing this
complaint, subsequent to December 16, 2021, an ACCOUNT STATED
was created/formed as a matter of law between Plaintiff's
Assignor(s) and Defendants SUN, ORG, BIO, GREE, GGL, and DOES |]
10 to 100, and each of them. Defendants SUN, ORG, BIO, GREE, GGL,
a. and DOES 1 to 100 became indebted to Plaintiff’s Assignor(s in
12 the sum of $27,240.00 for an unpaid balance due for
13 transportation services rendered on the behalf and benefit off
14 Defendants herein and DOES 1 TO 100 and each of them. All off
15 which the Defendants and DOES 1 TO 100, and each of them, have al
16 legal obligation to pay Plaintiff’s Assignor
(s) the sum of
17 $27,240.00 plus accrued interest at the rate of ten (10) percent
18 per annum from December 16, 2021.
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COMPLAINT FOR DAMAGES - BREACH OF CONTRACT
FOURTH CAUSE OF ACTION-QUANTUM MERUIT
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Katherine M. Knudsen (Bar No. 125731) Michelle J. Wells (Bar No. 279967 PROCOPIO, CORY, HARGREAVES & SAVITCH LLP 12544 High Bluff Drive, Suite 400 San Diego, CA 92130 Telephone: 858.720.6300 Facsimile: 619.235.0398 E-mail: kathy.knudsen@procopio.com michelle.wells@procopio.com Attorneys for Plaintiff SUN GRO HORTICULTURE DISTRIBUTION INC. SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 COUNTY OF SONOMA 11 SUN GRO HORTICULTURE DISTRIBUTION Case No. 23CV01627 INC., a Delaware corporation, 12 DECLARATION OF MICHELLE J. Plaintiff, WELLS IN SUPPORT OF SUN GRO 13 HORTICULTURE DISTRIBUTION Vv. INC.’S APPLICATION FOR DEFAULT 14 JUDGMENT BY COURT AGAINST PATRICK KING, an individual and doing PATRICK KING 15 business as SOIL KING and SOIL KING JR.; and DOES | through 20, inclusive, 16 Defendants. 17 18 I, Michelle J. Wells, declare as follows: 19 1 Iam over 18 years of age and am an attorney licensed to practice law before all courts 20 of California. I am an attorney with the law firm of Procopio, Cory, Hargreaves & Savitch LLP, 21 counsel for Plaintiff Sun Gro Horticulture Distribution Inc. (“Sun Gro”). I have personal knowledge 22 of all the facts in this Declaration except as to matters stated to be based on information and belief 23 and, if called to testify, I could and would testify competently and truthfully to said matters. 24 Baxter Bailey & Associates Lawsuit 25 2. Iam the primary handling attorney for Sun Gro in this matter and was also the primary 26 handling attorney for Sun Gro in the matter of Baxter Bailey & Associates, Inc. v. Sun Gro 27 Horticulture, et al., Sonoma County Superior Court, Case No. SCV-271341. 28 //1 DECLARATION OF MICHELLE J. WELLS IN SUPPORT OF SUN GRO HORTICULTURE’S APPLICATION FOR DEFAULT JUDGMENT BY COURT AGAINST PATRICK KING 3 In the complaint filed by Baxter Bailey & Associates, Inc., it alleged that Sun Gro was responsible for the unpaid trucking charges incurred by Organiking LLC. A true and correct copy of the complaint filed by Baxter Bailey & Associates, Inc. against Sun Gro is attached hereto as Exhibit 1. 4 After Sun Gro filed a demurrer and after discussions between myself and counsel for Baxter Bailey & Associates, Inc., the complaint was dismissed against Sun Gro on September 25, 2023. However, Sun Gro was forced to incur attorneys’ fees to achieve this result. A true and correct copy of the Request for Dismissal is attached hereto as Exhibit 2. Patrick King’s Default 10 5 In the instant action, Defendant Patrick King, an individual and doing business as Soil 11 King and Soil King Jr., was served with the summons and complaint on December 7, 2023. A true 12 and correct copy of the Complaint is attached hereto as Exhibit 3. A true and correct copy of the 13 proof of service of summons reflecting service on Mr. King is attached hereto as Exhibit 4. 14 6 As no responsive pleading was filed by Mr. King, Sun Gro requested entry of default, 15 which was entered on January 9, 2024. A true and correct copy of the request for entry of default is 16 attached hereto as Exhibit 5. 17 Attorneys’ Fees and Costs 18 7 Iam a 2011 graduate of the University of San Diego School of Law. I have been an 19 attorney in the litigation group at Procopio since 2014. I have substantial experience in handling a 20 wide variety of litigation matters, but my main practice areas are construction litigation and 21 telecommunications disputes. My hourly rate on this matter and the Baxter Bailey & Associates 22 matter is $585/hour. In the Baxter Bailey & Associates matter and the instant matter against Patrick 23 King, I performed the bulk of the work, but I also utilized the assistance of paralegals and other 24 attorneys on as-needed basis. 25 8 In the Baxter Bailey & Associates matter, my billed time defending Sun Gro was 26 reasonably spent on factual investigation, legal research, filing a demurrer, and communications with 27 counsel for Baxter Bailey & Associates for a total of $22,572 in fees. This amount does not include 28 the fees incurred by my colleagues William Smelko and Lianlian Wu for their time incurred in 2 DECLARATION OF MICHELLE J. WELLS IN SUPPORT OF SUN GRO HORTICULTURE’S APPLICATION FOR DEFAULT JUDGMENT BY COURT AGAINST PATRICK KING 132723-00000001/7708440.1 monitoring the Organiking bankruptcy matter (explained below), which fees have been deducted from the total. 9. In pursuing this action against Patrick King, through January 2024, I reasonably billed time for factual investigation, legal research, filing the complaint, and filing this request for default judgment for a total of $9,875 in fees. This amount does not include the fees incurred by my colleague William Smelko for his time incurred in monitoring the Organiking bankruptcy matter, which fees have been deducted from the total. Although there are additional hours billed to this matter for February 2024, because the invoice has yet to be generated, said hours are not included in this request for default judgment (but no waiver of their legitimacy/recoverability is intended). 10 10. True and correct copies of the aforementioned fees are reflected in the invoices 11 attached hereto as Exhibit 6, with appropriate redactions for attorney-client privileged information 12 and exclusion of the amounts billed by Mr. Smelko and Ms. Wu. 13 ll. Reimbursable costs relating to the lawsuit filed against Patrick King matter total at 14 least $705.17. This includes $477.18 for filing the Complaint, $191.85 for service of the Summons 15 and Complaint, $17.04 for filing the Proof of Service of Summons, and $19.10 for filing the Request 16 for Entry of Default. True and correct copies of the invoices and/or receipts for each of these 17 expenses are attached hereto as Exhibit 7. 18 Interest 19 12. I computed prejudgment interest at the rate of 10% per annum on the principal amount 20 due under the contract between Sun Gro and Organiking LLC. According to the Declaration of 21 Jennifer Postelnik filed herewith, the amount of $50,525.76 became due and owing no later than July 22 30, 2022. The interest calculation is thus as follows: 23 . $50,525.76 x 10% = $5,052.58 in interest per year 24 . $5,052.58 in interest per year/365 days = $13.84 in interest per day 25 July 30, 2022 through February 23, 2023 = 573 days 26 $13.84 in interest per day x 573 days = $7,930.32 in interest as of the date ofthis 27 Declaration 28 /// 3 DECLARATION OF MICHELLE J. WELLS IN SUPPORT OF SUN GRO HORTICULTURE’S APPLICATION FOR DEFAULT JUDGMENT BY COURT AGAINST PATRICK KING 132723-00000001/7708440.1 13. As for the legal fees incurred in connection with the Baxter Bailey & Associates lawsuit, I computed prejudgment interest at the rate of 10% per annum on the principal amount. As the lawsuit was dismissed on September 25, 2023, the amount of $22,572 in legal fees became due and owing no later than 30 days after the date of dismissal (October 25, 2023). The interest calculation is thus as follows: . $22,572 x 10% = $2,257.20 in interest per year . $2,257.20 in interest per year/365 days = $6.18 in interest per day October 25, 2023 through February 23, 2023 = 486 days $6.18 in interest per day x 486 days = $3,003.48 in interest as of the date of this 10 Declaration 11 Bankruptcy Filings and Mr. King’s Subsequent Business Operations 12 14. On or about March 29, 2023, Organiking filed for bankruptcy protection in U.S. 13 Bankruptcy Court for the Northern District of California and identified Soil King as a “dba.” I have 14 reviewed Organiking’s schedules, and they do not identify any heavy-duty equipment or machinery 15 being owned or leased by the business (other than a forklift). A true and correct copy of Organiking’s 16 Voluntary Petition for Non-Individuals Filing for Bankruptcy and accompanying documents is 17 attached hereto as Exhibit 8. 18 15. On June 19, 2023, the Trustee in Organiking’s bankruptcy matter, issued her Chapter 19 7 Trustee’s Report of No Distribution, stating that “no property [is] available for distribution” and 20 discharging $2,030,024.80 in claims without payment: “Chapter 7 Trustee’s Report of No 21 Distribution: I, Sarah L. Little, . . . have made a diligent inquiry into the financial affairs of the 22 debtor(s) and the location of the property belonging to the estate; and that there is no property 23 available for distribution from the estate over and above that exempted by law. .. . Key information 24 about this case as reported in schedules filed by the debtor(s) or otherwise found in the case record: 25 This case was pending for 3 months. Assets Abandoned (without deducting any secured claims): $ 26 64854.10, Assets Exempt: Not Available, Claims Scheduled: $ 2030024.80, Claims Asserted: Not 27 Applicable, Claims scheduled to be discharged without payment (without deducting the value of 28 collateral or debts excepted from discharge): $ 2030024.80.” A true and correct copy of the 4 DECLARATION OF MICHELLE J. WELLS IN SUPPORT OF SUN GRO HORTICULTURE’S APPLICATION FOR DEFAULT JUDGMENT BY COURT AGAINST PATRICK KING 132723-00000001/7708440.1 Organiking bankruptcy docket reflecting the Chapter 7 Trustee’s Report of No Distribution is attached hereto as Exhibit 9. 16. On or about June 26, 2023, Patrick King filed for bankruptcy protection in U.S. Bankruptcy Court for the District of Arizona. At section 4.9 of his bankruptcy schedules, Mr. King identified the debt owed to Sun Gro as his own debt. I have reviewed Mr. King’s schedules, and on information and belief, they do not identify any heavy-duty equipment or machinery being owned by him (despite the evident usage of such equipment as shown in Exhibit 12). A true and correct copy of Mr. King’s bankruptcy schedules are attached hereto as Exhibit 10. 17. The bankruptcy action filed by Mr. King was dismissed on September 26, 2023 due 10 to failure to make payments. A true and correct copy of the docket in the Patrick King bankruptcy 11 matter reflecting same is attached hereto as Exhibit 11. 12 18. Attached hereto as Exhibit 12 are true and correct copies of screenshots from the 13 Facebook page for Patrick King, which were captured using the Page Vault software program that 14 allows for screen captures of web content. These screenshots show that Mr. King has resumed doing 15 business as Soil King. 16 I declare under the penalty of perjury under the laws of the State of California that the 17 foregoing is true and correct. Executed this 23rd day of February, 2024 at San Diego, California. 18 19 Michelle J. Wells 20 21 22 23 24 25 26 27 28 5 DECLARATION OF MICHELLE J. WELLS IN SUPPORT OF SUN GRO HORTICULTURE’S APPLICATION FOR DEFAULT JUDGMENT BY COURT AGAINST PATRICK KING 132723-00000001/7708440.1 EXHIBIT 1 RICHARD L. GRANT, C.S.B. 093351 ELECTRONICALLY FILED GRANT LAW, A Professional Law Corporation Superior Court of California 15375 Barranca Parkway, Suite A-208 County of Sorjoma Irvine, CA_ 92618 8/4/2022 12:45 PM Tel, 949-379-7172 By: Alex Fleckenstein, Deputy Clerk Fax. 949-379-7192 Email: RGrant@GrantLawCA.com 1222.38646 Attorneys for Plaintiff: BAXTER, BAILEY, & ASSOCIATES, INC. A CORPORATION, AN ASSIGNEE OF TRADEWINDS BROKERAGE SUPERIOR COURT OF CALIFORNIA, COUNTY OF SONOMA HALL OF JUSTICE 10 11 BAXTER, BAILEY, & ASSOCIATES, ) Case No. :SCV-271341 12 INC., A CORPORATION, AN ) ASSIGNEE OF TRADEWINDS ) 13 BROKERAGE ) ) [LIMITED JURISDICTION] Plaintiff, 14 COMPLAINT FOR DAMAGES: vs. 15 Breach of Contract SUN GRO HORTICULTURE 7 A Open Book of Account 16 Account Stated CANADA LIMITED PARTNERSHIP; Quantum Meruit 17 BIOFLORAL LLC., A CALIFORNIA Unjust Enrichment LIMITED LIABILITY COMPANY; 18 GREENGRO BIOLOGICALS LLC., A CALIFORNIA LIMITED LIABILITY PRINCIPAL AMOUNT $27,240.00 19 COMPANY; GROUP GARDENING LLC., 20 AN ILLINOIS LIMITED LIABILITY COMPANY; THE SOIL KING GARDEN 21 CENTER. AKA ORGANIKING LLC., A CALIFORNIA LIMITED LIABILITY 22 COMPANY; AND DOES 1 TO 100, 23 Defendants. 24 25 Comes Now, Plaintiff, BAXTER, BAILEY, & ASSOCIATES, INC., A 26 CORPORATION, AN ASSIGNEE OF TRADEWINDS BROKERAGE hereafter 27 “Plaintiff”, for causes of action against Defendants SUN GRO 28 HORTICULTURE , A CANADA LIMITED PARTNERSHIP; BIOFLORAL LLC., A 1 COMPLAINT FOR DAMAGES ~ BREACH OF CONTRACT CALIFORNIA LIMITED LIABILITY COMPANY; GREENGRO BIOLOGICALS LLC., A CALIFORNIA LIMITED LIABILITY COMPANY; GROUP GARDENING LLC., AN ILLINOIS LIMITED LIABILITY COMPANY; THE SOIL KING GARDE CENTER AKA ORGANIKING LLC., A CALIFORNIA LIMITED LIABILITY COMPANY; AND DOES 1 TO 100, and each of them, as follows: PARTIES 1 Plaintiff is a Mississippi corporation and Assignee of the herein claims, rights, and remedies entitled to or in the possession of its Assignor(s) TRADEWINDS BROKERAGE hereafter| 10 collectively referred to as “Assignor(s)”. Such. assignment (s) 11 were provided to Plaintiff from the aforementioned Assignor(s) 12 prior to filing of this complaint. Plaintiff maintains its| 13 offices and conducts its principal place of business in| 14 Southaven, Mississippi. Plaintiff does not conduct any| is intrastate business in the state of California. Further, 16 Plaintiff does not either operate or maintain offices or has 17 employees, agents, or representatives working in the State off 18 California, except for attorneys hired in the State of; 19 California for selected court cases. 20 2 Defendant SUN GRO HORTICULTURE , A CANADA LIMITED 21 PARTNERSHIP, hereafter SUN, with its principal place of business 22 located in McLellan, California and conducting business in the 23 State of California including this judicial district. At all 24 times mentioned herein, SUN acted as a Shipper/Consignor of the 25 subject matter shipments. 26 3 Defendant BIOFLORAL LLC., A CALIFORNIA LIMITED 27 LIABILITY COMPANY, hereafter BIO, with its principal place of 28 business located in Las Vegas, Nevada, and conducting business 2 COMPLAINT FOR DAMAGES - BREACH OF CONTRACT in all 50 states including this judicial district. At all times mentioned herein, BIO acted as a Receiver/Consignee of the subject matter shipments. 4 Defendant GREENGRO BIOLOGICALS LLC., A CALIFORNIA LIMITED LIABILITY COMPANY, hereafter GREE, with its principal place of business located in Petaluma, CALIFORNIA, and conducting business in all 50 states including this judicial district. At all times mentioned herein, GREE acted as al Receiver/Consignee of the subject matter shipments. 10 5. Defendant GROUP GARDENING LLC., AN ILLINOIS LIMITED 11 LIABILITY COMPANY, hereafter GGL, with its principal place of 12 business located in Pekin, Illinois, and conducting business in 13 all 50 states including this judicial district. At all times 14 mentioned herein, GGL acted as a Receiver/Consignee of the 1s subject matter shipments. 16 6 Defendant THE SOIL KING GARDEN CENTER AKA ORGANIKING 17 LLC., A CALIFORNIA LIMITED LIABILITY COMPANY, hereafter ORG, is| 18 a California corporation, with its principal place of business 19 located in Cloverdale, California, and conducting business in 20 the State of California including this judicial district. At all 21 times mentioned herein, ORG was the Broker and/or transportation] 22 agent of the subject matter shipments. 23 7. Plaintiff is unaware of the true names or capacities, 24 whether individual, associate, corporate, or otherwise, of 25 Defendant (s) DOES 1 to 100, and therefore sues them by such 26 fictitious names, and leave of the court will be asked to insert 27 their true names and capacities when same have been ascertained. 28 3 COMPLAINT FOR DAMAGES - BREACH OF CONTRACT 8 Plaintiff is informed and believes and thereon alleges that at all times herein mentioned, Defendants, DOES 1 to 100, were agents, servants, and employees of their co-defendants, and| in doing the things hereinafter alleged were acting in the scope of their authority as such agents, servants, and employees, and with the permission and consent of their co-defendants. JURISDICTION AND VENUE 9 This judicial district is proper venue for this action because this judicial district is where Defendants named herein 10 conduct business therein; and/or where the breach, and breaches il of contract and/or debts had incurred for non-payment of 12 transportation services provided by Plaintiff's motor carrier 13 Assignor(s) at the request or direction or benefit of Defendants| 14 SUN, BIO, GREE, GGL and/or Defendant’s transportation agent, 15 ORG; and/or where the payment was to be made thereto for the 16 aforementioned breach and breaches of contract and/or debts. 17 Defendant ORG owns, operates, and/or maintains a (principal 18 location or shipping warehouse facility) in Cloverland, 19 California which is the location of the transportation arrivals) 20 and/or departures for the subject matter shipments. Further, 21 Defendants purposefully established contacts within California, 22 and the actions herein arise of or are related to Defendants| 23 contacts within California. 24 10. The within action is not subject to the provisions off 25 Civil Code Section 1812.10 or 2984.4. 26 27 28 4 COMPLAINT FOR DAMAGES - BREACH OF CONTRACT IRST CAUSE OF ACTION-BREACH OF CONTRACT (Against All Defendants) 11. Plaintiff refers to all of the allegations contained in Paragraphs 1-10 of the complaint and by this reference incorporates them herein as though fully set forth. 12. Based upon information and belief, it is thereon alleged that at all times mentioned herein, during the year of| 2021, Plaintiff’s Assignor(s) was a licensed motor carrier. It is further alleged on information and belief and thereon alleged 10 that the motor carrier Assignor(s) had licenses with the 11 appropriate governmental authorities available for. publid 12 viewing. 13 13. At all times mentioned herein, during the year of 14 2021, Defendants SUN, ORG, BIO, GREE, GGL , and DOES 1 to 100, 15 and each of them, were desirous of transporting certain goods 16 and wares for the benefit of their businesses from various 17 locations and be delivered to destinations as designated on the 18 Bills Of Lading and instructed by Defendants, including SUN, 19 ORG, BIO, GREE, AND GGL . Further, alleged upon information and 20 belief, the terms of payment of the shipments as to being either 21 “PREPAID” or “COLLECT” was subject to the Bills of Lading; the 22 consequence of this designation of “PREPAID” was to place onl 23 notice to all parties that the designated SHIPPER/CONSIGNOR on 24 the Bill(s) of Lading was the guarantor of payment of freight| 25 charges and had primary responsibility of the payment of the 26 freight charges that belonged to Defendant Shipper/Consignor and 27 Does 1 to 100. Secondary responsibility for payment of the 28 subject transportation charges would be the designated Defendant 5 COMPLAINT FOR DAMAGES - BREACH OF CONTRACT Consignee as the Receiver/Consignee of the goods and wares from Defendant Shipper/Consignor, as the accepting party of said goods/wares. In the shipments that were designated “COLLECT”, then the Primary obligor for payment of the transportation charges belonged to the designated Defendant Receiver/Consignee set forth on the Bill(s) of Lading. 14. At all times mentioned herein, ORG (transportatio: agent), with full authority, delegation, and knowledge by and of| Defendants SUN, BIO, GREE, AND GGL , was engaged by Defendants 10 SUN, BIO, GREE, AND GGL to act as a transportation agent to a. locate and hire motor carriers to pick up goods and wares of the 12 Defendant Shippers/Consignors from their origin location(s) ta 13 be delivered to designated locations, as instructed by Defendant| 14 SUN, BIO, GREE, AND GGL. 15 15. In or about 2021, Defendant ORG acting as ql 16 transportation agent for its disclosed principal(s) Defendants| 17 SUN, BIO, GREE, GGL, and DOES 1 to 100, and each of them, 18 engaged Plaintiff’s Assignor( as set forth in this complaint 19 to provide the transportation services described in paragraphs 20 11 and 12 (two preceding paragraph numbers) above and herein. 21 16. Further and except for those excused performances, 22 Plaintiff’s Assignor(s) had performed each and every obligation| 23 and covenant incumbent upon it by virtue of said written Bills 24 of Lading and/or transportation agreements as specified above 25 and below in this complaint and as agreed. Said delivery too 26 place during and on or about December 16, 2021, and 27 subsequently. copies of said Bills of Lading and other relevant} 28 6 COMPLAINT FOR DAMAGES - BREACH OF CONTRACT transportation agreements and Documents are attached to Exhibit “ny” 17. Defendants SUN, ORG, BIO, GREE, GGL, and DOES 1 to 100, and each of them, materially breached the herein written transportation agreement (s) by refusing and continues to refuse to pay the unpaid freight charges/services to the herein motor] carrier Assignor(s) and/or Plaintiff for the principal sum off $27,240.00. The payment of transportation charges by the shipper and/or consignee to a freight broker/agent or any third-party 10 other than the motor carrier does not relieve the shipper’sg 11 and/or consignee’s obligation to pay the motor carrier who 12 performed the transportation services. The shipper, consignee, 13 and broker are jointly and severally liable for unpaid freight 14 charges. Oak Harbor Lines Vs. Sears Roebuck & CO. (2008) $13) 1s F.3rd 949, The consignee is further and independently liable for 16 the unpaid freight charges, due to accepting the goods and wares 17 from the motor carrier for which the consignee enjoyed the 18 economic benefit therefrom. Id. 49 U.S.C. 13706. 19 18. Plaintiff’s counsel had placed demand upon Defendants 20 SUN, ORG, BIO, GREE, GGL, and DOES 1 to 100, and each of them, 21 by virtue of this complaint and service thereof, for the 22 outstanding sum of unpaid principal and accrued interest 23 pursuant to the agreed written transportation agreements herein, 24 but said Defendants SUN, ORG, BIO, GREE, GGL, and DOES 1 to 100, 25 and each. of them, have failed to pay Plaintiff’s Assignor(s) ox 26 Plaintiff the outstanding principal sum of $27,240.00 and) 27 accrued interest from December 16, 2021. Thus, the Plaintiff's 28 7 COMPLAINT FOR DAMAGES - BREACH OF CONTRACT Assignor(s) and/or Plaintiff have been damaged therefore in the said amount. SECOND CAUSE OF ACTION-OPEN BOOK (Against All Defendants) 19. Plaintiff refers to all of the allegations containe in Paragraphs 1-18 of the complaint and by this reference incorporates them herein as though fully set forth. 20. That Defendants SUN, ORG, BIO, GREE, GGL, and DOES ]| to 100, and each of them, within the last four years and on oy 10 about December 16, 2021, became indebted to Plaintiff's 11 Assignor(s) herein on an open book account for a balance due for| 12 transportation services requested on and for the behalf of 13 Defendants SUN, ORG, BIO, GREE, GGL, and DOES 1 to 100, and each] 14 of them, and rendered at the special instance and request off 15 Defendants SUN, ORG, BIO, GREE, GGL, and DOES 1 to 100, and each] 16 of them, and for which Defendants SUN, ORG, BIO, GREE, GGL, and 17 DOES 1 to 100, and each of them, promised to pay the sum of| 18 $27,240.00. 19 21. Although demand for payment of a said sum of has been 20 made, by virtue of this complaint and service thereof, 21 Defendants SUN, ORG, BIO, GREE, GGL, and each of them, have 22 failed and refused to pay the said sum, and the whole principal} 23 amount thereof is now due, and owing, and unpaid, together wit 24 interest at the rate of ten (10) percent per annum, from and 25 after December 16, 2021. 26 27 28 8 COMPLAINT FOR DAMAGES - BREACH OF CONTRACT THIRD CAUSE OF ACTION-ACCOUNT STATED (Against All Defendants) 22. Plaintiff refers to all of the allegations contained in Paragraphs 1-21 of the complaint and by this reference incorporates them herein as though fully set forth. 23. That within the last four years prior to filing this complaint, subsequent to December 16, 2021, an ACCOUNT STATED was created/formed as a matter of law between Plaintiff's Assignor(s) and Defendants SUN, ORG, BIO, GREE, GGL, and DOES |] 10 to 100, and each of them. Defendants SUN, ORG, BIO, GREE, GGL, a. and DOES 1 to 100 became indebted to Plaintiff’s Assignor(s in 12 the sum of $27,240.00 for an unpaid balance due for 13 transportation services rendered on the behalf and benefit off 14 Defendants herein and DOES 1 TO 100 and each of them. All off 15 which the Defendants and DOES 1 TO 100, and each of them, have al 16 legal obligation to pay Plaintiff’s Assignor (s) the sum of 17 $27,240.00 plus accrued interest at the rate of ten (10) percent 18 per annum from December 16, 2021. 19 20 a1 22 23 24 25 26 27 28 9 COMPLAINT FOR DAMAGES - BREACH OF CONTRACT FOURTH CAUSE OF ACTION-QUANTUM MERUIT