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NORTHERN CALIFORNIA RECORD

Thursday, April 18, 2024

Manufacturer seeks payment for goods delivered but not paid for

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LOS ANGELES — A manufacturer is suing Aliphcom d/b/a Jawbone and DOES 1-25, California corporation, citing alleged breach of contract and failure to pay for completed work.

Ace Mold (HeFei) Company Limited filed a complaint on Oct. 15, in the U.S. District Court for the Central District of California against the defendants alleging that they breached their duties of good faith and fair dealing.

According to the complaint, the plaintiff alleges that Ace Mold (HeFei) Company Limited entered into an agreement and business relationship with the defendants, wherein defendants provided written forecasts to plaintiff and defendant’s agent would arrange for payment and delivery of the goods produced by plaintiff. However, defendants abruptly stopped ordering certain products, thereby the plaintiff incurred and/or paid approximately $193,179.83 to its vendors for the raw materials and packaging and continues to incur costs to store the raw materials defendants ordered and then refused to pay for.

The plaintiff holds Aliphcom d/b/a Jawbone and DOES 1-25 responsible because the defendants allegedly failed to pay for materials and parts specially ordered and made by plaintiff for them, caused plaintiff to rely on their forecast and ordered inventory accordingly.

The plaintiff requests a trial by jury and seeks judgment in its favor, general, special and incidental damages in the sum of no less than $193,179.83, interest, attorney’s fees, costs of suit and further relief as the court deems just. They are represented by Shirley M. Kong of Blank Rome LLP in Los Angeles.

U.S. District Court for the Central District of California Case number 3:16-cv-06006

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