SAN DIEGO — A New Jersey corporation is suing a Beverly Hills surgical company, alleging breach of contract by defaulting on scheduled payments of more than $184,000.
Brainsway USA, Inc. filed a complaint March 1 in U.S. District Court for the Southern District of California against Linden Physicians Group LLP and Does 1-20, alleging the defendant breached a written and signed contract under which it is entitled to make timely payments.
According to the complaint, on Oct. 13, 2016, Brainsway entered into a contract in which Linden would lease a deep Transcranial Magnetic Stimulation System. The suit says Brainsway has complied with all duties and services required by the contract but has only received the initial down payment and the first two monthly payments.
The lawsuit says Brainsway has ceased receiving payments as required under the parties' contract. The plaintiff alleges Linden Physicians Group has failed to timely pay in accordance with the parties' written contract, constituting a material default and breach of contract.
Brainsway USA seeks trial by jury, damages of $184,466.80 plus taxes, prejudgment interest, court costs, attorney fees and all other relief the court deems just and proper. It is represented by Richard H. Martha and Eric M. Leenerts of Horton, Oberrecht, Kirkpatrick & Martha in San Diego.
U.S. District Court for the Southern District of California case number 2:18-cv-01731-JLS-GJS