Complaint Unlimited Fee AppliesCal. Super. - 6th Dist.March 2, 2021E-FILED 3/2/2021 3:51 PM Clerk of Court Superior Court of CA, County of Santa Clara 21CV378932 Reviewed By: D Harris 21CV378932 NOOO-QOLII#UJN-‘ NNNNNNNNN--t-I-d-IH-nfl-H mfi¢mAWNHO©OONQM$WN~O LAW OFFICES OF JOSEPH R. KAFKA Joseph R. Kafka, Esq. SB #139510 1541 The Alameda San Jose, California 95 1 26 Telephone: 408-993-8441 Facsimile: 408-279-0402 Attorney for Plaintiff SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY 0F SANTA CLARA ACTCA, A MEMBER OF THE ALLIANCE, CASE NO. INC, COMPLAINT FOR DAMAGES Plaintiff, v. (Unlimited civil case) CHILTERN INTERNATIONAL, INC., and DOES 1 to 10, inclusive, Defendant. GENERAL ALLEGATIONS 1. Defendant, CHILTERN INTERNATIONAL, INC. is a North Carolina corporation. Since the Defendant is not registered with the California Secretary of State, a lawsuit against it may be venued in any county in the State 0f California. 2. The true names and capacities of Defendants named herein as DOES 1 to 10, inclusive, whether individual, corporate, associate, or otherwise, are unknown to Plaintiff who therefore, sue such Defendants by fictitious names pursuant to California Code 0f Civil Procedure 474. Plaintiff is informed and believes that each of these fictitiously named Defendants are responsible in some manner for the occurrences herein alleged and that its damages were proximately caused by their conduct. Plaintiff will amend this Complaint to show their true names and capacities when they have been determined. COMPLAINT FOR DAMAGES I \OOOQOUI-RUJNH NNNNNNNNNHH-I-Hu-a-H-u-sp- WQOM-PWN-‘OQOONOMAWNHO 3. Plaintiff alleges that the Defendants, and each 0f them, in doing the things hereinafief alleged were acting as the agents of one another. FIRST CAUSE OF ACTION (BREACH 0F WRITTEN CONTRACT) 4. Plaintiff realleges and incorporates herein each allegation set forth in paragraphs l through 3 above as though fully set forth herein. 5. On or about June 29, 2018, the Plaintiff and Chiltem International, Inc entered into a written contract. The contract was called a “Clinical Study Agreement.” It was given protocol number P2-IMU-838-UC. The contract provided that the Plaintiff would conduct a Clinical research study of a drug for a sponsor - a pharmaceutical company. The clinical research study would be done in Los Angeles, California through individuals recruited in Los Angeles. The contract provided that the Plaintiff would be paid by the Defendant under the terms of a budget, Exhibit B, to the contract. Thereafter, the Clinical Study Agreement was amended, in writing, three times t0 provide for additional compensation for the Plaintiff. 6. The Plaintiff performed the clinical research study, and the Plaintiff invoiced the Defendant. The Defendant paid the Plaintiff for some of the invoices, but failed and refused to pay for all the invoices. 7. On or about December 1, 2020, the Defendant breached the contract when it failed and refused to pay for all the invoices. The Defendant has not paid for the following: (1) $5,000 for advertising budgeted as Pass Through Costs 0n page 13; (2) $7,255 for additional advertising budgeted as Pass Through Costs on page 13; (3) $2,515 for unscheduled visits budgeted as Unscheduled Visits on page 13; (4) $1 5,315.12 for screen failures budgeted as Screen Failures on page 12 and 0n page 10f the Third Amendment; (5) $4,350 for colonoscopy budgeted as Colonoscopy on page 1 of the Second Amendment; (6) $4,500 for close out fee budgeted as Close COMPLAINT FOR DAMAGES 2 \OOOQQUI-PWNH NNNNNNNNNHr-‘Hr-an-n-np-ap-‘y-‘fl OOQQM-bWNHOOOOflam-RWN-‘O Out Fee on page 13; (7) $17.02 for medical supplies budgeted as Medical Supplies 0n page 13. 8. Due t0 the Defendant’s breach of the contract, the Plaintiffs seek damages in the amount of $38,952. 14 with statutory interest at 10% since December 1, 2020 until the day of trial. WHEREFORE, Plaintiff prays for judgment against CHILTERN INTERNAIONAL, INC., the Defendant, as follows: 1. For special damages in the amount 0f $38,952. 14; 2. For prejudgment interest at 10% since the date of the breach until the date of trial; 3. For costs of suit; 4. For such other and further relief as the court may deem just and proper. Dated: March L, 2021 LAW OFFICES OF JOSEPH R. KAFKA 4636ph R. Kafkafgsq. Counsel for Plaintiff COMPLAINT FOR DAMAGES 3