SAN FRANCISCO – An ocean carrier alleges it is owed money under the terms of a master carrier services agreement.
Polynesia Line LTD filed a complaint on July 29 in the U.S. District Court for the Northern District of California against
Fax Cargo Inc., Xavier A. Faletoi, Easter Galo and Does 1 to 20
alleging breach of maritime contract and other counts.
According to the complaint, the plaintiff alleges that it suffered damages as the result of not being able to collect the appropriate master carrier service agreement (MCSA) rates and tariff. The plaintiff holds Fax Cargo Inc., Xavier A Faletoi, Easter Galo and Does 1 to 20 responsible because the defendants allegedly misdeclared or misdescribed commodities of cargo to plaintiff in 33 shipments and as a result, plaintiff charged and collected less than what was actually due.
The plaintiff seeks $285,605 plus interest, accounting of additional amounts of freight, all sums and amounts due and owing from the defendant, all legal fees and any other relief as the court deems just. It is represented by Conte C. Cicala of Clyde & Co US LLP in San Francisco.
U.S. District Court for the Northern District of California Case number 4:16-cv-04305-KAW