1 California Corporation organized under the laws of the State of California and doing

2 business in the County of Los Angeles, State of California. Faraday is in the business of

3 designing and manufacturing electronic cars.

4 3. The true names and capacities, whether individual, corporate, associate or

5 otherwise of Defendants sued herein as DOES 1 through 20, inclusive, are unknown to

6 Plaintiff, who therefore sues said Defendants by such fictitious names, and Plaintiff will

7 amend this Complaint to show their names and capacities when same have been

8 ascertained. Plaintiff is informed and believes and upon such ground alleges, that each of

9 the fictitiously named defendants is responsible to Plaintiff for the injuries and damages
10 herein alleged or is subject to the jurisdiction of the Court as a necessary party for the relief

11 sought herein.

12 4. At all times herein mentioned, each of the defendants was the agent,

13 employee or joint venturer of each of the remaining defendants, and was acting at all times

14 within the purpose and scope ofsaid agency, employment and joint venture; each of the

15 defendants is responsible to Plaintiff for the injuries and damages herein alleged, or has an

16 interest in the subject matter ofthe litigation, and is subject to the reliefsought by Plaintiff

17 herein, or may be effected by any judgment, order or decree issued by this Court.

18 5. Each of the acts, events and damages alleged herein occurred in the County

19 of Lbs Angeles, State of California, or has the proximate effect of causing damage to

.20 Plaintiff in Los Angeles County.

21 6. Since its inception in 1989, Plaintiff has been recognized as a leading

22 staffing provider oftechnology professionals to a growing client base of premier

23 corporations across most major Southern California industries. Plaintiff provides solutions

24 for every level and function ofIT. Plaintiffs IT professionals cover all platforms (Internet,

25 Client/Server, Midrange, Mainframe and Enterprise Architecture.)

26 7. In March 2018, Faraday representatives approached Plaintiff to inquire

27 whether it would be interested in providing Faraday IT with recruiting support.

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COMPLAINT I'HimUl ON UKCrCJM)I'M-KH
 1 Specifically, Faraday wanted to use IT professionals that Plaintiff would employ to perform
2 various work at Faraday.

3 8. In or around April 2018, representatives of Plaintiff and Faraday each

4 signed and entered into a written Services Agreement(the "Agreement")in Los Angeles

5 County.

6 9. Under the Agreement, PlaintifPs duties and obligations:

7 (a) Providing Faraday with temporary personnel of required skill,

8 experience and qualifications

9 (b) Appointing a primary contact to act as its authorized representative

10 with respect to all matters pertaining to the Agreement;

n (c) Providing Faraday with a sufficient number of employees, agents or

12 contractors to perform the services required under the Agreement;

13 and

14 (d) Maintaining complete and accurate records relating to the provision

15 ofthe services provided under the Agreement.

16 10. Under the Agreement, Faraday's duties and obligations included:

17 (a) Paying Plaintiff a fee determined in accordance with the fee

18 schedule set forth in the "Statement of Work" attached as Exhibit

19 "A"to the Agreement.

20 (b) Paying Plaintiff its fees within fifteen(15)days of receipt of an

21 invoice from Plaintiff to Faraday.

22 11. Immediately upon execution ofthe Agreement, Plaintiff started providing

23 Faraday with temporary employees per the terrns ofthe Agreement. Plaintiff then invoiced

24 Faraday for the work that was performed and expected payment within fifteen(15)days of
25 Faraday's receipt ofthe invoice.

26 12. Faraday has failed to pay Plaintiff as required under the terms ofthe

27 Agreement and, as a result, there is now due and owing the sum of$201,754.50.

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COMPLAINT Pmmw ON nhxyvmiI'/im

 1 13. Plaintiff performed its duties, obligations and services under the Agreement,
2 but the Defendants, and each of them, have refused to pay Plaintiff all monies owed for

3 services rendered, thus breaching the Agreement.

4 14. Plaintiff has initiated this action in order to seek provisional remedies and

5 avoid the possibility of having any favorable award or judgment rendered ineffectual. Not

6 withstanding the initiation ofthis action. Plaintiff reserves its right to seek to compel

7 arbitration as may be allowed under the Agreement.

8 FIRST CAUSE OF ACTION

9 (For Breach of Contract and Damages Against Faraday and DOES 1-20, Inclusive)

10 15. Plaintiff repeats, repleads and realleges Paragraphs 1 through 15, inclusive,
11 ofthe Common Allegations and incorporates them herein by this reference.

12 16. Plaintiff has performed each and all of the covenants and conditions

13 required on its part to be performed under the Agreement except those covenants or

14 conditions excused by reason ofeach Defendants' prior breaches as set forth hereinabove.

15 17. Within the last four years. Defendants, and each of them, breached the

16 Agreement as alleged herein, primarily by not paying Plaintiff for services rendered.
17 18. As a direct and proximate result of Defendants breaches ofthe Agreement,
18 Plaintiff has been damaged in an amount no less than $230,000.00, excluding attorneys'
19 fees, interest, court costs and expenses. When the true amount of Plaintiffs damages have
20 been ascertained. Plaintiff will seek leave of Court to amend this Complaint to set forth the

21 same.

22 19. Section 10.2 ofthe Agreement provides that should suit be commenced by
23 either party thereto to enforce any ofthe provisions of said Agreement,then the successful

24 party to such litigation shall be entitled to court costs and reasonable attorneys' fees and

25 costs. Plaintiff has been compelled to commence litigation and has engaged the services of

26 HAMBURG,KARIC,EDWARDS & MARTIN LLP to represent them in this matter.

27 Plaintiff is therefore entitled to the recovery of its reasonable attorneys' fees.

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COMPLAINT Printki)on RKcrriMi)Papkk
 1 SECOND CAUSE OF ACTION

2 (For Account Stated Against Faraday and DOES 1-20, Inclusive)

3 20; Plaintiff repeats, repleads and realleges Paragraphs 1 through 15, inclusive,
4 ofthe Common Allegations, and incorporates them herein by this reference.

5 21. At all times relevant herein. Plaintiff, at the special instruction ofthe

6 Defendants, and each ofthem, performed services for the Defendants, and each of them,

7 originating out ofthe County of Los Angeles, as alleged hereinabove.

8 22. Within 2 years last past, an account was stated in writing by and

9 between Plaintiff, on the one side, and the Defendants, and each of them, on the other side,

10 wherein and whereby it was agreed by Defendants, and each of them, that they were

11 indebted to Plaintiff in the sums sets forth above on an account stated with respect to the
12 services rendered and costs incurred by the Plaintiff for the benefit of the Defendants, and

13 each ofthem.

14 23. Neither all nor any part ofthe agreed balance has been paid, although a
15 demand therefor has been made.

16 24. Section 10.2 ofthe Agreement provides that should suit be commenced by
17 either party thereto to enforce any ofthe provisions ofsaid Agreement,then the successful

18 party to such litigation shall be entitled to court costs and reasonable attorneys' fees and

19 costs. Plaintiff has been compelled to commence litigation and has engaged the services of

20 HAMBURG,KARJC,EDWARDS & MARTIN LLP to represent them in this matter.

21 Plaintiffis therefore entitled to the recovery of its reasonable attorneys' fees.

22 THIRD CAUSE OF ACTION

23 (For Quantum Meruit Against Faraday and DOES 1-20, Inclusive)

24 25. Plaintiff repeats, repleads and realleges Paragraphs 1 through 15, inclusive,

25 and incorporates them herein by this reference.

26 26. Within the last two(2)years. Plaintiff agreed to provide Defendants, and

27 each ofthem, with certain services. Defendants received the benefits of those services and

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COMPLAINT I'mrFM /)N tlKcrcm)I'mm
 greatly enhanced its own business, the benefit of which inures to Defendants, and each of

them.

3 27. Defendants, and each of them, have failed to pay Plaintiff fair and
4 reasonable compensation despite Plaintiffs repeated requests therefor.
5 28. The fair and reasonable value ofthe services performed by Plaintiff, and
6 currently unpaid by Defendants, and each of them, is a sum not less than $230,000.00.

7 Plaintiff will seek leave ofcourt to amend this Complaint when the exact amount of

8 damages suffered by Plaintiff has been ascertained.

9 29. Section 10.2 of the Agreement provides that should suit be commenced by
10 either party thereto to enforce any ofthe provisions of said Agreement,then the successful

11 party to such litigation shall be entitled to court costs and reasonable attorneys' fees and
12 costs. Plaintiff has been compelled to commence litigation and has engaged the services of
13 HAMBURG,KARIC,EDWARDS & MARTIN LLP to represent them in this matter.
14 Plaintiff is therefore entitled to the recovery of its reasonable attorneys' fees.
15 WHEREFORE,Plaintiff prays for judgment against Defendants, and each of them,
16 as follows;

17 1. As to the First Cause of Action for Breach of Contract and Damages,for

18 compensatory damages in a sum of no less than $230,000.00, according to proof at trial.

19 2. As to the Second Cause of Action for Account Stated, for compensatory damages in
20 a sum of no less than $230,000.00, according to proof at trial.
21 3. As to the Third Cause of Action for Quantum Meruit. for compensatory damages in
22 a sum of no less than $230,000.00, according to proof at trial.
23 4. As to all Causes of Action:

24 a. For costs ofsuit;

25 b. For attorney's fees;

26 c. For interest at the legal rate; and

27 d. For such other and further relief as the Court may deem proper.
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COMPLAINT PiuNTSi)ON Rscrn^Pawm
 1 Plaintiff has initiated this action in order to seek provisional remedies and avoid the

2 possibility of having any favorable award or judgment rendered ineffectual. Notwithstanding the

3 initiation of this action. Plaintiff reserves its right to seek to compel arbitration as may be allowed

4 under the Agreement.

6 DATED: October 24, 2018 Hamburg,Karic,Edwards & Mart[N llp

8
gKegg a. ma
9 DAVID M. ALMARAZ,ESQ.
Attorneys for TENTEK,INC. a California
10 Corporation

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COM PLAINT I'mmtON lint-R•/.«> /V/'Wi