SAN DIEGO – A New York health and wellness company alleges the Escondido individual it hired to work on its website misled it regarding quality and improvements.
HealthyWage LLC filed a complaint on May 22 in the U.S. District Court for the Southern District of California against Mohit Jagetia, an individual and Tekpalette, an Indian company, alleging breach of contract, intentional misrepresentation, negligence and other counts.
According to the complaint, the plaintiff alleges that in 2010, plaintiff began working with Jagetia to maintain and enhance its website and Jagetia subcontracted some of the work to Tekpalette. However, from 2013 to April 2017, plaintiff alleges it experienced a decline in quality with its website, including frequent crashes. It also claims the defendants' delivery time and billed hours exceeded industry standards, leading to overbilling.
The plaintiff allege the defendants failed to provide the requisite diligence in the DevOps works and software development management and implementation, billed plaintiff for many hours that they did not actually work and intentionally misled plaintiff regarding quality and improvements they would to induce plaintiff to continue entering into agreements.
The plaintiff requests a trial by jury and seeks to award of compensatory and consequential damages in the amount of $1,077,800, punitive damages, judgment declaring the HealthyWage does not owe any additional money under any agreement, and for such other and further relief as the court deems just and proper. It is represented by Joseph S. Leventhal of Dinsmore and Shohl LLP in San Diego.
U.S. District Court for the Southern District of California Case number 3:17-cv-01041-W-BLM