Complaint Unlimited Fee AppliesCal. Super. - 6th Dist.March 29, 2021i E HLED PLD-c-om ATTORNEY OR PARTY \MTHOUT ATTORNEY (Name, Stale Bar number, and address): c 1 Robert T. Tang, Esq ,; SBN 29 5544 3/29/20?‘ m.fim Clerk of Court255 N. First Street, Suite 244 _ San Jose, CA 9511 SupenorCourt ofCA, TELEPHONE No ( 40 8)0 8 l6- 80 98 FAX No. {epsmnaI}: County 0f Santa Clara E-MAIL ADDRESS (092mg: robert@roberttlaw . org 21 CV381 420 moansv FDR mama): NTL Precision Machining, Inc . Reviewed By: M Vu SUPERIOR COURT or CALIFORNIA, COUNTY 0F Santa Clara srREEI'ADuRESS: l 9 l N. First Street MAILING ADDRESS: l9 1 N. First Street CITYAND zwcouE: San Jose , 9 5 l 1 3 BRANCH NAME: PLAINTIFF: NTL Precision Machining, Inc. DEFENDANT: Pentagon Technologies, Inc. E 00551 To CONTRACTE COMPLAINT E AMENDED COMPLAINT (Number): DeRoss-COMPLAINT E AMENDED CRosscOMPLAINTmumber): Jurisdiction (check all that apply):E ACTION IS A LIMITED CIVIL CASE Amount demanded .3 does not exceed s10,ooo 21 cv381420 ._] exceeds $10 000 but does not exceed $25,000E ACTION IS AN UNLIMITED CIVIL CASE (exceeds $25 000)E ACTION IS RECLASSIFIED by this amended complaint or cross-complaintE from limited to unlimitedE from unlimited to limited CASE NUMBER 1. Plaintiff” (name or names): NTL Precision Machining, Inc . alleges causes of action against defendant" (name or names): Pentagon Technologies , Inc . 2. This pleading, including attachments and exhibits, consists ofthe following number of pages: 3 3. a. Each plaintiff named above is a competent adultE except plaintiff (name): NTL Precision Machining , Inc. (1) Ea corporation qualifiedto do business in California (2) Dan unincorporated entity (descn'be): (3) Dother (specify): b. DPlaintiff (name): a. Ehascomplied with the fictitious business name laws and is doing business under the fictitious name (specifir): b-E has complied with all licensing requirements as a licensed (specify): c.D Information about additional plaintiffs who are not competent adults is shown in Attachment 3c. 4. a. Each defendant named above is a natural personE except defendant (name): Pentagon Technologies. Inc.D exaept defendant (name): (1) E a business organization, form unknown (1)E a business organization, form unknown (2) E a corporation (2)D a corporation (3)D an unincorporated entity (describe): (3)E an unincorporated entity (describe): (4)E a public entity (describe): (4)a a public entity (describe): (5) Dothewspecify): (5)E other (specify): ' If W5 form is used asa cross-oomglaint, plainb'ff means cross~eomplainanl and defendant means cross-defendant Ee 1 of 2 Form Approved fpromnawse COMPLAINT-Contract Code or cm: procecure. § 425 12Judcul Counch n1 Calvlarma PLD-COO1 [Rem January 1. 2007] PLD-C-001 SHORT TITLE? CASE NUMBER‘ NTL Precision Machining, Inc. v. Pentagon Technologies, Inc. 4, (Continued) b. The true names of defendants sued as Does are unknown to plaintiff. (1) E Doe defendants (specify Doe numbers): defendants and acted within the scope ofthat agency or employment. (2) D Doe defendants (special Doe numbers): plaintiff. were the agents or employees of the named are personswhose capacities are unknown to c. D Information about additional defendants who are notnatural persons is contained in Attachment 4c. d, G Defendants who are joined underCode of Civil Procedure section 382 are (names): 5. E Plaintiffis required to comply with a claims statute, and a. E has complied with applicable claims statutes, or b. E is excused from complying because (specify): 6. D This action is subject to D Civil Code section 1812.10 D Civil Code section 2984.4. 7. This court is the proper court because a. E a defendant entered into the contract here. b. D a defendant lived here when the contract was entered into. c‘ D a defendant lives here now. d. E the contract was to be performed here. e. E a defendant is a corporafion or unincorporated association and its principal place of business is here. f. D real propertythat is the subject of this action is located here. 9. E other (specify): 8. The following causes of action are attached and the statements above apply to each (each complaint must have one or more causes of action attached): E Breach of Contract a Common Counts D Other (specify): 9. D Otherallegations: 10. Ptaintiff prays for judgment for costs of Suit: forsuch relief as is fair, just, and equitable: and for a. E damages of $ 51 r839 - 10 b. D intereston the damages (1)U according to proof (2)E at the rate of (specify): percent per year from (date): c. E attorney's fees (HE 0f“. $ (2)E according to proof. d. D other (specify): 11. D The paragraphs ofthis pleading alleged on information and belief are as follows (specify paragraph numbers): Date: 03/ l 1/2021 Robert T. Tang, Esq . ’ eyémtw mpgoafim NAME) (SIGNAT-JRE 0F pLAiNTIfiR ATTORNEY) (If you wish to verifi/ this pleading, affix a verification.) FLD-C-001 [Rem Janua:y 1. 2007} COMPLAINT-Contract Page 2 of 2 PLD-c-oo1(1) SHORT TITLE: CA§ NUMBER; NTL Precision Machining, Inc. v. Pentagon Technologies, Inc. FIRST CAUSE OF ACTION-Breach of Contract (number) ATTACHMENT To Complaint E Cross-Complaint (Use a separate cause of acfion form for each muse of action.) BC-1. Plaintiffmame); NTLPrecision Machininanc‘ alleges that on orabout (date): a written E oral a other (speciw’ agreement was made between (name parties to agreement): NTL Precision Machining, Inc. and Pentagon Technologies, Inc.E A copy ofthe agreement is attached as Exhibit A, or The essential terms of the agreement E are stated in Attachment BC-1 [)2] are as follows (specify): On or about 10/ 12/2020;10/ 16/2020; lO/ 17/2020;10/23/2020;10/26/20’_’O, Plaintiff sent purchase orders for parts to Pentagon Technologies, Inc, with specific instructions that they not be damaged in a manner such as but not limited Io "no scratch, no ding, no nick" and "protect top and insider surface". From about 10/12/2020 through 10/26/2020, Pentagon Technologies, Inc. delivered about 657 parts [hat were damaged. BC-2. On or about (dates): 10/ l 2/2020; 10/ 1 60020;] 0/1 7/2020; 1 0/23/2020; 1 0/26/2020 defendant breached the agreement by D the acts specified in Attachment BC-2 the following acts (specify): On or about: 10/12/2020: Delivered 162 dinged, dented, and/or scratched parts; 10/16/2020 & lO/l7/2020: Delivered 6O brown spotted, scratched, and/or blemished inside of parts; 10/23/2020 & 1012612020: Delivered 305 brown spotted and/or deeply scratched parts; 10/26/2020; Delivered 130 deeply scratched and/or black lined parts. BC-3. Plaintiff has performed all obligations to defendant except those obligations plairtiff was prevented or excused from performing. BC-4. Plaintiff suffered danages legally (proximately) caused by defendant’s breach ofthe agreementj as stated In Attachment BC-4 as follows (spe07y): For each defeclixe (657) product delixered trom 10/1 2/2020 through 10/26/2020, Plaintift suftered a loss of $80.00 m costs for but not limited Io matenal and labor. Total damage 01 $52,560.00 minus credit of $720.90 for a total sum of $51,839.10. BC-S. E Plaintiff is entitled to attorney fees by an agreement or a statute Eof$E accordingto proof. BC-6. | Other: Page __ _ Page1 0H Form Approved forOplbn aI Use _ Code of Civil Procedure, § 45 12MM Coma“3mm CAUSE OF ACTION Breach of Contract mmmmflw PLD.GOO1(1) [Ra Jamaly 1. m0?)
