SAN JOSE – A guitar string distributor alleges that an envelope manufacturer falsely represented its product and damaged business.
Wayne Preis, doing business as Webstrings.com, filed a complaint on May 2 in the U.S. District Court for the Northern District of California, San Jose Division against Cenveo Corp. and John Does 1 to 10 alleging breach of contract, negligence and other counts.
According to the complaint, the plaintiff alleges that it suffered damages to its business as a result of several customer complaints about their unused guitar strings developing rust, which is believed to be caused by the tablet envelope the strings were packaged in and produced by the defendant. The plaintiff holds Cenveo Corp. and John Does 1 to 10, responsible because the defendant allegedly claimed that its tablet envelope contains the same properties as its grease-proof envelopes, which the plaintiff previously used, in order for plaintiff to continue his business with them.
The plaintiff requests a trial by jury and seeks compensatory damages in an amount of more than $75,000, consequential damages, general damages, interest, order that the defendant is liable to Preis for the monies and benefits wrongfully procured, disgorgement and restitution, exemplary and punitive damages, all legal fees and any other relief as the court deems just. He is represented by Merton A. Howard and Kyle A. Mabe of Hanson Bridgett LLP in San Francisco.
U.S. District Court for the Northern District of California, San Jose Division Case number 5:16-cv-02384-HRL