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JENNIFER _A. NILES State Bar N0. 188451
LAW OFFICE OF MARION QUESENBERY
2625 Alcatraz Ave, Suite 514
Berkeley, CA_94705
Telephone: 510-705-8894 F I i2
SAN MATEO COUNTX
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A’ a
E)
,
, an»!
Facsimile: 510-843-1716 XII
Email: jgniferé'flquesenbervlawsom JUL 2016
2 XBII
AttorneY for Plaintiff Wk OI me S I9!‘ GOUI L
1'
Q” w .
SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN
MA EO
UNLIMITED CIVIL CASE
IO
LUCKY STRIKE FARMS, INC, A
ll CALIFORNIA CORPORATION,
Case No.2 CIV5389I4
12
P LAINT IFF ,
13
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ROBERT BRUCE FOWLER’S CROSS-
vs, COMPLAINT AGAINST LUCKY STRIKE
l4 FARMS, INC.; GILBERT PAPAZIAN II,
ROBERT BRUCE FOWLER,
INDIVIDUALLY AND DBA THE PRODUCE AN INDIVIDUAL; AND DOES I
15
DETECTIVE; THROUGH 10 INCLUSIVE FOR:
16 I. INTENTIONAL INTERFERENCE
DEFENDANT’ WITH PROSPECTIVE BUSINESS
I7 ADVANTAGE
AND DOES 1 THROUGH 10> INCLUSIVE 2. NEGLIGENT INTERFERENCE
I8 WITH
PROSPECTIVE BUSINESS ADVANTAGE
19
ROBERT BRUCE FOWLER
20
.
21
A522 CROSS-COMPLAINANT,
R/ 23 vs. '
$538914
. CCMP .
24 '
Cross complami
25
KB
“MET
AND DOES l THROUGH 10, INCLUSIVE, _IIII\\\\\\\\\I\\IIIII
26
27 CROSS-DEFENDANTS
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l
ROBEERT BRUCE FOWLER’S CROSS-COMPLAINT
GENERAL ALLEGATIONS
l. At all times mentioned herein, ROBERT BRUCE FOWLER(hereinafter “MR.
FOWLER), is an individual residing in Arizona and engaged in the produce business, in
Avondale, Arizona.
2. Defendant LUCKY STRIKE FARMS, l'NC., (hereinafter “LSF”), is a
Corporation doing business in San Mateo County, California.
3. MR. FOWLER is informed and believes that Defendant GILBERT PAPAZIAN II,
10 (hereinafter “MR. PAPAZIA ”), is an individual owner and the President of LSF.
11
3. The true names of and capacities of those cross-defendants named and sued herein
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as does 1 through 10 inclusive, are unknown to MR. FOWLER and therefore he sues these cross-
13
defendants by such fictitious names. MR. FOWLER willamend this complaint to allege their
l4
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true names and capacities when the same have been ascertained. MR. FOWLER is informed and
16 believes, and thereon alleges, that each fictitiously named cross-defendant was negligently,
l7 intentionally, or in some other manner responsible for the events and happenings described
18
herein and the damages proximately caused thereby, as alleged herein. Each reference in this
19
complaint to “cross-defendant,” “cross-defendants” or to a specifically named cross-defendant,
20
21
refers also to all cross-defendants sued under such fictitious names.
22 4. MR. FOWLER is informed and believes that each of the defendants, including the
23
doe defendants, is jointly and severally liable as principal, agent, employer, partner or alter ego
24
of each of the remaining defendants and was, in performing the acts complained of in this
25
complaint, acting at least partially within the scoPe of that agency, employment, partnership or
26
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alter ego authority.
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2
ROBEERT BRUCE FOWLER‘S CROSS-COMPLAINT
5. MR. FOWLER is a produce broker in the business of getting fresh produce from
the farm to the buyer.
6. LSFand MR. PAPAZIAN are in the business of selling produce to various
purchasers and brokers.
7. MR. FOWLER has done business with LSFand MR. PAPAZIAN since
approximately 2010.
8. MR. FOWLER has ongoing economic relationships with his customers, who are
the buyers of produce including that of LSF. This relationship would have resulted in an
10
economic benefit to MR. FOWLER.
ll
l2
l3 FIRST CAUSE OF ACTION
l4
(LSF and MR. PAPAZIAN for Intentional Interference willy Prospective Economic
'
15 Advantage)
l6 9. As set forth above, LSFand MR. PAPAZIAN has now, and at all relevant times
l7
had, knowledge of an economic relationship between MR. FOWLER and his customers.
l8
10. LSFand MR. PAPAZIAN intentionally committed acts designed to disrupt this
l9
relationship including, but not limited to, mishandling an account causing customer
20
21 dissatisfaction and loss of the account, maliciously sending an invoice directly to a customer
22 thereby revealing MR. F OWLER’s profit margin and causing irreparable harm to the business
23
relationship. In addition, LSF and MR PAPAZIAN made disparaging statements which
24
offended the customer and caused that customer to stop doing business with MR. FOWLER and
25
LSF. Moreover, LSFand MR. PAPAZIAN maliciously spread rumors about MR. F OWLER’S
26
27 financial condition to customers that filrther caused a reduction in cash flow. These acts breach
28 3
ROBEERT BRUCE FOWLER’S CROSS-COMPLAINT
the duty of care owed by LSF and MR. PAPAZIAN not to interfere with MR. FOWLER’S ability
to perform his contractual duties to L-SF. LSF’S and MR. PAPAZIAN’S actions were undertaken
with malice and a conscious disregard of MR. FOWLER’S business relationships.
11. MR. F OWLER’S economic relationship with several of his customers was
harmed.
12. MR. FOWLER as a result,suffered financial harm.
13. LSF’Sand MR. PAPAZIAN’S conduct was a direct and substantial factor in
causing MR. FOWLER harm.
10
14. As a direct result of LSF’S and MR. PAPAZIAN’Sinterference with the
11
l2 prospective economic relationship between MR. FOWLER and his customers, MR. FOWLER
l3 lost business revenue in excess of $100,000 as a result of LSF’S and MR. PAPAZIAN’S
l4
wrongful conduct in an amount to be determined at trial.
15
SECOND CAUSE OF ACTION
l6
(LSF and MR. PAPAZIAN for Negligent Interference vLiLh Prospective Economic
l7
Ame.)
l8
l9 15. MR. FOWLER alleges and incorporates herein by this reference each and every
20
allegation made above in Paragraphs 1-12 of this Complaint.
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16. As set forth above, LSFand MR. PAPAZIAN has now, and at all relevant times
22
had, knowledge of an economic relationship betweeniMR. FOWLER and his customers.
23
24 l7. LSFand MR. PAPAZIAN was negligent in his conduct and such conduct
25 interfered with MR. FOWLER’S economic relationship between MR. FOWLER and his
26
customers. LSF and MR. PAPAZIAN negligently committed acts designed to disrupt this
27
28 4
ROBEERT BRUCE FOWLER’S CROSS-COMPLAINT
relationship including, but not limited to, mishandling of an account causing customer
dissatisfaction and loss of the account, maliciously sending an invoice directly to a customer
thereby revealing MR. FOWLER’S profit margin and causing irreparable harm to the business
relationship. In addition, LSFand MR. PAPAZIAN made disparaging statements which
offended a customer and caused that customer to stop doing business with MR. FOWLER.
Moreover, LSF and MR. PAPAZIAN maliciously spread rumors about MR. F OWLER’S
financial condition that further caused a reduction in cash flow. These acts breached the duty of
care owed by LSF and MR. PAPAZIAN not to interfere with IVIR. FOWLER’S ability to
10
perform his contractual duties to LSF. LSF’°Sand MR. PAPAZIAN’S actions were negligent and
11
12 undertaken in disregard of MR. FOWLER’S business relationships.
13 18. LSFand MR. PAPAZIAN failed to exercise the duty of due care by engaging in
l4
the actions described above.
15
19. As the result of LSF’Sand MR. PAPAZIAN’S negligence, MR. FOWLER’s
l6
economic relationship with several of his customers was harmed.
17
18 20- As the result of LSF’S and MR. PAPAZLAN’S negligence, MR. FOWLER was
19 harmed and, as a result, suffered financial harm.
20
21. LSF’Sand MR. PAPAZIAN’Snegligent conduct was a direct and substantial
21
factor in causing MR. FOWLER’S harm.
22
22. As a direct result of LSF’Sand MR. PAPAZIAN’S negligent interference with
23
24 the prospective economic relationship between MR. FOWLER and his customers, MR.
25 FOWLER lost business revenue in excess of $100,000 as a result of LSF’S wrongful conduct in
26
an amount to be determined at trial.
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5
ROBEERT BRUCE FOWLER’S CROSS-COMPLAINT
WHEREFORE, MR. FOWLER prays for judgment against LSF and GILBERT
PAPAZIAN H as follows:
1. For compensatory damages in an amount to be proven at trial; and
2. For general and special damages according to proof; and
3. For the costs of the suit herein; and
4. For exemplary and punitive damages according to proof; and
5. For any other fimher relief as the Court deems appropriate.
ll
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13
14 Dated this 25th of July, 2016.
15
l6 Respec
l7
Jennif r . 'ilesV‘ l Vv
l8
Atto ey for Defendant Robert Bruce Fowler
l9 \
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ROBEERT BRUCE FOWLER’S CROSS-COMPLAINT
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JENNIFER _A. NILES State Bar N0. 188451 LAW OFFICE OF MARION QUESENBERY 2625 Alcatraz Ave, Suite 514 Berkeley, CA_94705 Telephone: 510-705-8894 F I i2 SAN MATEO COUNTX E A’ a E) , , an»! Facsimile: 510-843-1716 XII Email: jgniferé'flquesenbervlawsom JUL 2016 2 XBII AttorneY for Plaintiff Wk OI me S I9!‘ GOUI L 1' Q” w . SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN MA EO UNLIMITED CIVIL CASE IO LUCKY STRIKE FARMS, INC, A ll CALIFORNIA CORPORATION, Case No.2 CIV5389I4 12 P LAINT IFF , 13 - ROBERT BRUCE FOWLER’S CROSS- vs, COMPLAINT AGAINST LUCKY STRIKE l4 FARMS, INC.; GILBERT PAPAZIAN II, ROBERT BRUCE FOWLER, INDIVIDUALLY AND DBA THE PRODUCE AN INDIVIDUAL; AND DOES I 15 DETECTIVE; THROUGH 10 INCLUSIVE FOR: 16 I. INTENTIONAL INTERFERENCE DEFENDANT’ WITH PROSPECTIVE BUSINESS I7 ADVANTAGE AND DOES 1 THROUGH 10> INCLUSIVE 2. NEGLIGENT INTERFERENCE I8 WITH PROSPECTIVE BUSINESS ADVANTAGE 19 ROBERT BRUCE FOWLER 20 . 21 A522 CROSS-COMPLAINANT, R/ 23 vs. ' $538914 . CCMP . 24 ' Cross complami 25 KB “MET AND DOES l THROUGH 10, INCLUSIVE, _IIII\\\\\\\\\I\\IIIII 26 27 CROSS-DEFENDANTS 28 l ROBEERT BRUCE FOWLER’S CROSS-COMPLAINT GENERAL ALLEGATIONS l. At all times mentioned herein, ROBERT BRUCE FOWLER(hereinafter “MR. FOWLER), is an individual residing in Arizona and engaged in the produce business, in Avondale, Arizona. 2. Defendant LUCKY STRIKE FARMS, l'NC., (hereinafter “LSF”), is a Corporation doing business in San Mateo County, California. 3. MR. FOWLER is informed and believes that Defendant GILBERT PAPAZIAN II, 10 (hereinafter “MR. PAPAZIA ”), is an individual owner and the President of LSF. 11 3. The true names of and capacities of those cross-defendants named and sued herein 12 as does 1 through 10 inclusive, are unknown to MR. FOWLER and therefore he sues these cross- 13 defendants by such fictitious names. MR. FOWLER willamend this complaint to allege their l4 15 true names and capacities when the same have been ascertained. MR. FOWLER is informed and 16 believes, and thereon alleges, that each fictitiously named cross-defendant was negligently, l7 intentionally, or in some other manner responsible for the events and happenings described 18 herein and the damages proximately caused thereby, as alleged herein. Each reference in this 19 complaint to “cross-defendant,” “cross-defendants” or to a specifically named cross-defendant, 20 21 refers also to all cross-defendants sued under such fictitious names. 22 4. MR. FOWLER is informed and believes that each of the defendants, including the 23 doe defendants, is jointly and severally liable as principal, agent, employer, partner or alter ego 24 of each of the remaining defendants and was, in performing the acts complained of in this 25 complaint, acting at least partially within the scoPe of that agency, employment, partnership or 26 27 alter ego authority. 28 2 ROBEERT BRUCE FOWLER‘S CROSS-COMPLAINT 5. MR. FOWLER is a produce broker in the business of getting fresh produce from the farm to the buyer. 6. LSFand MR. PAPAZIAN are in the business of selling produce to various purchasers and brokers. 7. MR. FOWLER has done business with LSFand MR. PAPAZIAN since approximately 2010. 8. MR. FOWLER has ongoing economic relationships with his customers, who are the buyers of produce including that of LSF. This relationship would have resulted in an 10 economic benefit to MR. FOWLER. ll l2 l3 FIRST CAUSE OF ACTION l4 (LSF and MR. PAPAZIAN for Intentional Interference willy Prospective Economic ' 15 Advantage) l6 9. As set forth above, LSFand MR. PAPAZIAN has now, and at all relevant times l7 had, knowledge of an economic relationship between MR. FOWLER and his customers. l8 10. LSFand MR. PAPAZIAN intentionally committed acts designed to disrupt this l9 relationship including, but not limited to, mishandling an account causing customer 20 21 dissatisfaction and loss of the account, maliciously sending an invoice directly to a customer 22 thereby revealing MR. F OWLER’s profit margin and causing irreparable harm to the business 23 relationship. In addition, LSF and MR PAPAZIAN made disparaging statements which 24 offended the customer and caused that customer to stop doing business with MR. FOWLER and 25 LSF. Moreover, LSFand MR. PAPAZIAN maliciously spread rumors about MR. F OWLER’S 26 27 financial condition to customers that filrther caused a reduction in cash flow. These acts breach 28 3 ROBEERT BRUCE FOWLER’S CROSS-COMPLAINT the duty of care owed by LSF and MR. PAPAZIAN not to interfere with MR. FOWLER’S ability to perform his contractual duties to L-SF. LSF’S and MR. PAPAZIAN’S actions were undertaken with malice and a conscious disregard of MR. FOWLER’S business relationships. 11. MR. F OWLER’S economic relationship with several of his customers was harmed. 12. MR. FOWLER as a result,suffered financial harm. 13. LSF’Sand MR. PAPAZIAN’S conduct was a direct and substantial factor in causing MR. FOWLER harm. 10 14. As a direct result of LSF’S and MR. PAPAZIAN’Sinterference with the 11 l2 prospective economic relationship between MR. FOWLER and his customers, MR. FOWLER l3 lost business revenue in excess of $100,000 as a result of LSF’S and MR. PAPAZIAN’S l4 wrongful conduct in an amount to be determined at trial. 15 SECOND CAUSE OF ACTION l6 (LSF and MR. PAPAZIAN for Negligent Interference vLiLh Prospective Economic l7 Ame.) l8 l9 15. MR. FOWLER alleges and incorporates herein by this reference each and every 20 allegation made above in Paragraphs 1-12 of this Complaint. 21 16. As set forth above, LSFand MR. PAPAZIAN has now, and at all relevant times 22 had, knowledge of an economic relationship betweeniMR. FOWLER and his customers. 23 24 l7. LSFand MR. PAPAZIAN was negligent in his conduct and such conduct 25 interfered with MR. FOWLER’S economic relationship between MR. FOWLER and his 26 customers. LSF and MR. PAPAZIAN negligently committed acts designed to disrupt this 27 28 4 ROBEERT BRUCE FOWLER’S CROSS-COMPLAINT relationship including, but not limited to, mishandling of an account causing customer dissatisfaction and loss of the account, maliciously sending an invoice directly to a customer thereby revealing MR. FOWLER’S profit margin and causing irreparable harm to the business relationship. In addition, LSFand MR. PAPAZIAN made disparaging statements which offended a customer and caused that customer to stop doing business with MR. FOWLER. Moreover, LSF and MR. PAPAZIAN maliciously spread rumors about MR. F OWLER’S financial condition that further caused a reduction in cash flow. These acts breached the duty of care owed by LSF and MR. PAPAZIAN not to interfere with IVIR. FOWLER’S ability to 10 perform his contractual duties to LSF. LSF’°Sand MR. PAPAZIAN’S actions were negligent and 11 12 undertaken in disregard of MR. FOWLER’S business relationships. 13 18. LSFand MR. PAPAZIAN failed to exercise the duty of due care by engaging in l4 the actions described above. 15 19. As the result of LSF’Sand MR. PAPAZIAN’S negligence, MR. FOWLER’s l6 economic relationship with several of his customers was harmed. 17 18 20- As the result of LSF’S and MR. PAPAZLAN’S negligence, MR. FOWLER was 19 harmed and, as a result, suffered financial harm. 20 21. LSF’Sand MR. PAPAZIAN’Snegligent conduct was a direct and substantial 21 factor in causing MR. FOWLER’S harm. 22 22. As a direct result of LSF’Sand MR. PAPAZIAN’S negligent interference with 23 24 the prospective economic relationship between MR. FOWLER and his customers, MR. 25 FOWLER lost business revenue in excess of $100,000 as a result of LSF’S wrongful conduct in 26 an amount to be determined at trial. 27 28 5 ROBEERT BRUCE FOWLER’S CROSS-COMPLAINT WHEREFORE, MR. FOWLER prays for judgment against LSF and GILBERT PAPAZIAN H as follows: 1. For compensatory damages in an amount to be proven at trial; and 2. For general and special damages according to proof; and 3. For the costs of the suit herein; and 4. For exemplary and punitive damages according to proof; and 5. For any other fimher relief as the Court deems appropriate. ll 12 13 14 Dated this 25th of July, 2016. 15 l6 Respec l7 Jennif r . 'ilesV‘ l Vv l8 Atto ey for Defendant Robert Bruce Fowler l9 \ 20 21 22 23 24 25 26 27 28 6 ROBEERT BRUCE FOWLER’S CROSS-COMPLAINT