Complaint,Petition: MAERSK AGENCY U.S.A. INC., AS AGENT FOR CARRIER MAERSK LINE A/S VS GATEWAY DRAYAGE, LLC

On February 11, 2020 a Complaint,Petition was filed involving a dispute between Maersk Agency U.S.A. Inc. As Agent For Carrier Maersk Line A S Dba Maersk Line, and Gateway Drayage Llc, for Other Promissory Note/Collections Case (General Jurisdiction) in the District Court of Los Angeles County.

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20CMCV00042
Assigned for all purposes to: Compton Courthouse, Judicial Officer: Maurice Leiter

Electronically FILED by Superior Court of California, County of Los Angeles on 02/11/2020 10:14 AM Sherri R. Carter, Executive Officer/Clerk of Court, by R. Marquez,Deputy Clerk

1 GABA GUERRINI LAW CORPORATION
Rodolfo Gaba, Jr. (State Bar No. 230475)
2 John D. Guerrini (State Bar No. 190972)

3 Ryan M. Arakawa (State Bar No. 315181)
8583 Irvine Center Drive • Suite 500
4 Irvine, California 92618
888-391-1228 Phone / 949-207-7108 Facsimile
5 updates@gglc.law
Attorneys for Plaintiff
6 MAERSK AGENCY U.S.A. INC., AS AGENT FOR CARRIER MAERSK LINE A/S DBA
MAERSK LINE
7 [166153.001]

8
SUPERIOR COURT OF THE STATE OF CALIFORNIA
9
FOR THE COUNTY OF LOS ANGELES, COMPTON COURTHOUSE
10

11
MAERSK AGENCY U.S.A. INC., as agent for ) Case No.:
12 carrier MAERSK LINE A/S DBA MAERSK )
LINE, ) COMPLAINT FOR:
13 )
Plaintiff, ) 1. BREACH OF CONTRACT
14 )
vs. ) DEMAND: $30871.25
15 )
GATEWAY DRAYAGE, LLC., and DOES 1 to ) UN-LIMITED CIVIL
16 10, inclusive, )
)
17 Defendants. )
)
18
Plaintiff, MAERSK AGENCY U.S.A. INC., as agent for carrier MAERSK LINE A/S
19
DBA MAERSK LINE (hereinafter referred to as “Plaintiff”) alleges the following causes of
20
action against GATEWAY DRAYAGE, LLC. and DOES 1 to 10, INCLUSIVE (hereinafter
21
collectively referred to as “Defendants,”) as follows:
22
1. Plaintiff is, and at all times relevant was, a Delaware corporation, qualified to
23
do business in California on 06/30/2009 under entity number C3216405.
24
2. Plaintiff alleges on information and belief that the Defendants, or some of
25
them, maintain their principal business address within the above-referenced County and
26
Judicial District.
27
3. The true names and capacities, whether individual, corporate, associate, or
28
otherwise, of Defendants DOES 1 to 10, inclusive, are unknown to Plaintiff, who therefore
- 1 -
COMPLAINT
1 sues said Defendants by such fictitious names. Plaintiff alleges on information and belief

2 that each of the Defendants designated herein as a fictitiously named Defendant is, in

3 some manner, responsible for the events and happenings referred to, either contractually

4 or tortiously, and/or that such fictitiously named Defendants claim that some right, title or

5 interest to the property described herein below and/or that such fictitiously named

6 Defendants are in some manner liable for the obligation described herein below. When

7 Plaintiff ascertains the true names and capacities of DOES 1 to 10, Plaintiff will amend this

8 Complaint accordingly.

9 4. Plaintiff alleges on information and belief that at all times herein mentioned,
10 all Defendants named herein each acted in concert and conspired with or aided and

11 abetted each other to do the acts complained of in this Complaint, and that each

12 Defendant acted as an agent for the other at all times.

13 5. Plaintiff alleges on information and belief that the obligation sued upon is not
14 subject to the provisions of California Civil Code sections 2984.4 and 1812.10.

15 6. On or about 07/03/2018, Plaintiff on the one hand, and Defendants on the
16 other hand, executed and entered into a written agreement (the “CONTRACT,”) of which a

17 true and correct copy is attached hereto, labeled as Exhibit “1,” and by this reference, its

18 terms are fully incorporated herein as though set forth in full.

19 7. Theretofore and thereafter, Plaintiff performed all of its obligations under the
20 CONTRACT, except those that were discharged by the conduct of the Defendants.

21 8. Thereafter, Defendants defaulted under the terms of the CONTRACT by
22 failing to pay the entire balance of money due to the Plaintiff, on 05/18/2019.

23 9. Attached as Exhibit 2 is a true and correct copy of the current statement of
24 the account for the monies due by the Defendants.

25 10. Demand has been made on Defendants for said sum of $30871.25, but they

26 have failed and refused and continue to fail and refuse to pay said sum, and the whole

27 thereof is now due, owing and payable together with interest at the legal rate.

- 2 -
COMPLAINT
1 WHEREFORE, Plaintiff prays for Judgment against the Defendants, and each of
2 them, as follows:

3 1. For the principal sum of $30871.25;
4 2. Interest thereon at the legal rate of 10.0000% per annum from 05/18/2019;
5 3. For reasonable attorney’s fees pursuant to CONTRACT or statute, whichever
6 is greater;

7 4. For all costs incurred herein; and
8 5. For such further and other relief as the Court may deem just and proper.
9

10 Dated: January 9, 2020 GABA GUERRINI LAW CORPORATION
11

12
By:________________________________
13 Rodolfo Gaba, Jr.
14 John D. Guerrini
Ryan M. Arakawa
15 Attorneys for Plaintiff
MAERSK AGENCY U.S.A. INC., as agent for
16 carrier MAERSK LINE A/S DBA MAERSK LINE
17

19
20

- 3 -
COMPLAINT
EXHIBIT “1”
Developed By: Effective: March 1, 2018
The Intermodal Interchange
Executive Committee

UNIFORM
INTERMODAL
INTERCHANGE
AND
FACILITIES ACCESS
AGREEMENT
(U I I A)

Administered By:

The Intermodal Association of North America
11785 Beltsville Drive, Suite 1100
Calverton, Maryland 20705-4049
Phone: Toll-Free (877)438-UIIA (438-8442) or (301)474-8700
Fax:(301)982-3414 or (301)982-5478 Website: www.uiia.org
FORM 2
UNIFORM INTERMODAL INTERCHANGE
AND
FACILITIES ACCESS AGREEMENT

(A Program of the Intermodal Association of North America)

Participating Party Agreement

The Party named below agrees that by executing the Uniform Intermodal Interchange and Facilities
Access Agreement (UIIA) it will be bound by the provisions of the UIIA, and subsequent amendments and/or
revisions of that Agreement, and any addendum thereto, that does not conflict with the terms of this Agreement,
which govern the interchange and use of Equipment in intermodal interchange service. The Provider named
below agrees that in its interchange activities with Motor Carrier participants who are signatories to the
Agreement, this Agreement will be the only Agreement it will use, unless superseded in whole by a separate
bilateral written equipment interchange agreement.

This Agreement shall be effective unless cancelled in writing, by mutual consent of the Parties, or by any
Party upon thirty (30) days prior Notice to the other Party. A copy of the required written Notice must be provided
to the President of IANA at the time it is issued. [Revised 08/01/14]

COMPANY NAME:_______________________________________________________________________

AUTHORIZED BY: (Print or Type)__________________________________________________________

SIGNATURE:_____________________________ TITLE:______________________________________

BUSINESS ADDRESS:___________________________________________________________________
(Mailing Address) No. Street City

_______________________________________________________________________________________
State/Province Zip/Postal Code Phone No. Fax E-Mail

Indicate Nature of Business: ______ Motor Carrier ______ Provider

If Motor Carrier, please check all that apply to your business operations: Smartway Carrier

For Hire Private Interstate Intrastate Commercial Zone/Terminal Area Operator

Standard Carrier Alpha Code (SCAC):_________

MC Number: _______________ DOT Number: ________________

Tax Identification No. or Canadian Business Number: ______________________________

The provisions of this agreement shall become effective on the date accepted by the Association of the
above named carrier and published in the list of subscribers or supplements thereto.

Acceptance Date:_________________ By: __________________________________________
Assistant Vice President
Intermodal Information Services

*NOTE: THE PARTICIPATING SIGNATURE PAGE (FORM 2) SHOULD BE SENT VIA E-MAIL TO UIIA@INTERMODAL.ORG OR BY FAX TO (301)982-
3414. THE ORIGINAL PARTICIPATING PARTY SIGNATURE PAGE MUST BE RETURNED TO THE UIIA OFFICE WITHIN 30 DAYS AT THE
FOLLOWING ADDRESS: INTERMODAL ASSOC. OF NORTH AMERICA, C/O UIIA, 11785 BELTSVILLE DRIVE, SUITE 1100, CALVERTON, MD 20705
FORM 2
UNIFORM INTERMODAL INTERCHANGE
AND
FACILITIES ACCESS AGREEMENT

(A Program of the Intermodal Association of North America)

Participating Party Agreement

This Agreement shall be effective unless cancelled in writing, by mutual consent of the Parties, or by any
Party upon thirty (30) days prior Notice to the other Party. A copy of the required Notice must be provided to the
President of IANA at the time it is issued. [Revised 08/01/14]