Case 2:18-cv-02571-FMO-AGR Document 14 Filed 06/01/18 Page 1 of 9 Page ID #:26

1 BUCHALTER
A Professional Corporation
2 Roger L. Scott (SBN 247165)
18400 Von Karman Avenue, Suite 800
3 Irvine, CA 92612-0514
Telephone: 949.760.1121
4 Fax: 949.720.0182
Email: rscott@buchalter.com
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Attorneys for Defendant
6 Terra Tech Corp.
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8 UNITED STATES DISTRICT COURT
9 CENTRAL DISTRICT OF CALIFORNIA
10 SCHAWK USA, INC., Case No. 2:18-CV-02571-FMO-AGR
11 Plaintiff, DEFENDANT TERRA TECH
CORP.’S ANSWER TO PLAINTIFF
12 vs. SCHAWK USA, INC.’S
COMPLAINT; DEMAND FOR
13 TERRA TECH CORP., JURY TRIAL
14 Defendant.
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BUCHALTER
A PROFES SION AL CORPORAT ION
IRVINE
DEFENDANT’S ANSWER TO COMPLAINT Case No. 2:18-CV-02571-FMO-AGR
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1 Defendant Terra Tech Corp (“Terra Tech” or “Defendant”) hereby submits

2 this Answer to the Complaint of Plaintiff Schawk USA, Inc. (“Schawk” or
3 “Defendant”) as follows:
4 1. Defendant denies the allegations of this paragraph.
5 I. THE PARTIES
6 2. Defendant lacks sufficient information to admit or deny the allegations
7 in this paragraph and on that basis denies those allegations.
8 3. Defendant lacks sufficient information to admit or deny the allegations
9 in this paragraph and on that basis denies those allegations.
10 4. Defendant admits the allegations of this paragraph
11 II. JURISDICTION AND VENUE
12 5. Defendant denies that Schawk is a proper party to this lawsuit and on
13 that basis denies that complete diversity exists between the parties. Defendant lacks
14 sufficient to admit or deny the amount properly in controversy in this action.
15 6. Defendant admits that it is subject to personal jurisdiction in this
16 district. Defendant denies the remaining allegations in this paragraph.
17 III. FACTUAL ALLEGATIONS
18 7. Defendant denies that it entered into any contract with Schawk.
19 Defendant admits that, in or about May 2014, it entered into a contract with the
20 entities SGK, Inc. and/or Anthem Worldwide to perform various services.
21 Defendant denies the remaining allegations in this paragraph.
22 8. Defendant lacks sufficient information to admit or deny, and therefore
23 denies, that Schawk performed any services for Defendant. Defendant admits that
24 it received various invoices from Schawk for services purportedly performed by
25 SGK, Inc. and/or Anthem Worldwide. Defendant denies the remaining allegations
26 in this paragraph.
27 9. Without admitting the legal effect of any contractual provisions,
28 Defendant admits that the May 2014 agreement with SGK, Inc. and/or Anthem
BUCHALTER
A PROFES SION AL CORPORAT ION
IRVINE
DEFENDANT’S ANSWER TO COMPLAINT Case No. 2:18-CV-02571-FMO-AGR
BN 33100563v1
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1 Worldwide purported to require payment within 30 days of invoice and a 1.5%

2 monthly interest charge. Defendant denies the remaining allegations in this
3 paragraph.
4 10. Without admitting the legal effect of any contractual provisions,
5 Defendant admits that certain invoices purported to provide for a 1% monthly
6 interest charge. Defendant denies the remaining allegations in this paragraph.
7 11. Defendant denies the allegations of this paragraph.
8 12. Defendant denies the allegations of this paragraph.
9 13. Defendant denies the allegations of this paragraph.
10 14. Defendant denies the allegations of this paragraph.
11 FIRSC CLAIM FOR BREACH OF CONTRACT
12 AGAINST DEFENDANT TERRA TECH, CORP.
13 15. Defendant incorporates its admissions and denials set forth in
14 paragraphs 1 through 14 above.
15 16. Defendant denies that it entered into any contract with Schawk.
16 Defendant admits that, in or about May 2014, it entered into a contract with the
17 entities SGK, Inc. and/or Anthem Worldwide to perform various services.
18 Defendant denies the remaining allegations in this paragraph.
19 17. Defendant lacks sufficient information to admit or deny, and therefore
20 denies, that Schawk performed any services for Defendant. Defendant admits that
21 it received various invoices from Schawk for services purportedly performed by
22 SGK, Inc. and/or Anthem Worldwide. Defendant denies the remaining allegations
23 in this paragraph.
24 18. Defendant lacks sufficient information as to what services and related
25 invoices Schawk contends were received and accepted and on that basis denies the
26 allegations of this paragraph.
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BUCHALTER
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A PROFES SION AL CORPORAT ION DEFENDANT’S ANSWER TO COMPLAINT Case No. 2:18-CV-02571-FMO-AGR
IRVINE
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1 19. Without admitting the legal effect of any contractual provisions,

2 Defendant admits that the May 2014 agreement with SGK, Inc. and/or Anthem
3 Worldwide purported to require payment within 30 days of invoice.
4 20. Defendant denies the allegations of this paragraph.
5 21. Defendant denies the allegations of this paragraph.
6 22. Defendant denies that Schawk is entitled to any damages or other
7 relief.
8 SECOND CLAIM FOR UNJUST ENRICHMENT
9 AGAINST DEFNEDANT TERRA TECH, CORP.
10 23. Defendant incorporates its admissions and denials set forth in
11 paragraphs 1 through 22 above.
12 24. Defendant denies the allegations of this paragraph.
13 25. Defendant denies the allegations of this paragraph.
14 26. Defendant denies the allegations of this paragraph.
15 27. Defendant denies the allegations of this paragraph.
16 28. Defendant denies the allegations of this paragraph.
17 29. Defendant denies that Schawk is entitled to any damages or other
18 relief.
19 THIRD CLAIM FOR COMMON COUNT-ACCOUNT STATED
20 AGAINST DEFNEDANT TERRA TECH, CORP.
21 30. Defendant incorporates its admissions and denials set forth in
22 paragraphs 1 through 29 above.
23 31. Defendant denies the allegations of this paragraph.
24 32. Defendant denies that Schawk is entitled to any damages or other
25 relief.
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BUCHALTER
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A PROFES SION AL CORPORAT ION DEFENDANT’S ANSWER TO COMPLAINT Case No. 2:18-CV-02571-FMO-AGR
IRVINE
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1 FOURTH CLAIM FOR COMMON COUNT-OPEN BOOK ACCOUNT

2 AGAINST DEFNEDANT TERRA TECH, CORP.
3 33. Defendant incorporates its admissions and denials set forth in
4 paragraphs 1 through 32 above.
5 34. Defendant denies the allegations of this paragraph.
6 35. Defendant denies that Schawk is entitled to any damages or other
7 relief.
8 FIFTH CLAIM FOR COMMON COUNT-MONEY HAD AND RECEIVED
9 AGAINST DEFNEDANT TERRA TECH, CORP.
10 36. Defendant incorporates its admissions and denials set forth in
11 paragraphs 1 through 35 above.
12 37. Defendant denies the allegations of this paragraph.
13 38. Defendant denies that Schawk previously demanded payment and
14 therefore denies that its Complaint is a “repeat” of any such demand.
15 39. Defendant denies that it has refused to make payment for any amounts
16 properly due and owing.
17 40. Defendant denies that Schawk is entitled to any damages or other
18 relief.
19 PRAYER FOR RELIEF
20 Defendant denies that Schawk is entitled to any damages or other relief.
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A PROFES SION AL CORPORAT ION DEFENDANT’S ANSWER TO COMPLAINT Case No. 2:18-CV-02571-FMO-AGR
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1 AFFIRMATIVE DEFENSES
2 Without assuming the burden of proof on any matters that would otherwise
3 rest with Plaintiff, and expressly denying any and all wrongdoing, Defendant
4 asserts the following affirmative defenses.
5 FIRST AFFIRMATIVE DEFENSE
6 Unclean Hands
7 1. Plaintiff’s Complaint is barred, in whole or in part, by the doctrine of
8 unclean hands. Specifically, Plaintiff deliberately billed for amounts in excess of
9 those agreed upon by the parties.
10 SECOND AFFIRMATIVE DEFENSE
11 Laches
12 2. Plaintiff’s Complaint is barred, in whole or in part, by the doctrine of
13 laches. Specifically, Plaintiff unreasonably delayed in the bringing of this
14 Complaint for nearly four years after the alleged breach.
15 THIRD AFFIRMATIVE DEFENSE
16 Unconscionability
17 3. Plaintiff’s Complaint is barred, in whole or in part, by the doctrine of
18 unconscionability. Specifically, Plaintiff’s claims for interest exceed the amounts
19 permitted under applicable usury laws.
20 FOURTH AFFIRMATIVE DEFENSE
21 Estoppel
22 4. Plaintiff’s Complaint is barred, in whole or in part, by the doctrine of
23 estoppel. Specifically, Plaintiff, by its words or conduct, communicated that no
24 further amounts were due and owing from Defendant, or, in the alternative, that
25 Defendant was not required to remit payment within 30 days, and Defendant relied
26 on those representations.
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BUCHALTER
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A PROFES SION AL CORPORAT ION DEFENDANT’S ANSWER TO COMPLAINT Case No. 2:18-CV-02571-FMO-AGR
IRVINE
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1 FIFTH AFFIRMATIVE DEFENSE

2 Lack of Privity
3 5. Plaintiff’s Complaint is barred, in whole or in part, by a lack of privity.
4 Specifically, Schawk USA, Inc. is not in privity of contract with Defendant.
5 SIXTH AFFIRMATIVE DEFENSE
6 Lack of Standing
7 6. Plaintiff’s Complaint is barred, in whole or in part, by Plaintiff’s lack
8 of standing. Specifically, Schawk USA, Inc. is not a party to any contract with
9 Defendant.
10 SEVENTH AFFIRMATIVE DEFENSE
11 Waiver
12 7. Plaintiff’s Complaint is barred, in whole or in part, because Plaintiff
13 waived its rights under any applicable contract. Specifically, Plaintiff, by its words
14 or conduct, communicated that no further amounts were due and owing from
15 Defendant.
16 EIGHTH AFFIRMATIVE DEFENSE
17 Absence of Condition Precedent
18 8. Plaintiff’s Complaint is barred, in whole or in part, by the absence of a
19 condition precedent. Specifically, Plaintiff was obligated to obtain consent or
20 authorization to perform services above and beyond those specifically stated in the
21 contract, but failed to obtain the required consent or authorization.
22 NINTH AFFIRMATIVE DEFENSE
23 Payment
24 9. Plaintiff’s Complaint is barred, in whole or in part, by reason of
25 Plaintiff’s receipt of payment. Specifically, Defendant has already paid for all
26 services properly due and owing under the contract.
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A PROFES SION AL CORPORAT ION DEFENDANT’S ANSWER TO COMPLAINT Case No. 2:18-CV-02571-FMO-AGR
IRVINE
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1 TENTH AFFIRMATIVE DEFENSE

2 Failure to Join Indispensable Parties
3 10. Plaintiff’s Complaint is barred, in whole or in part, by Plaintiff’s
4 failure to join indispensable parties. Specifically, Plaintiff has failed to join SGK,
5 Inc. and/or Anthem Worldwide.
6 ELEVENTH AFFIRMATIVE DEFENSES
7 Failure to Mitigate
8 11. Plaintiff’s Complaint is barred, in whole or in part, by Plaintiff’s
9 failure to mitigate damages. Specifically, Plaintiff failed to take reasonable steps to
10 avoid incurring damages and/or to recoup any lost amounts.
11 TWELFTH AFFIRMATIVE DEFENSE
12 Failure to State a Claim
13 12. Plaintiff’s Complaint is barred, in whole or in part, by Plaintiff’s
14 failure to state a claim. Specifically, Plaintiff has failed to properly attach the
15 written contract alleged and/or specifically state the contents of the contract.
16 PRAYER
17 WHEREFORE, Defendant prays as follows:
18 1. That Plaintiff take nothing by reason of its Complaint, and that
19 judgment be rendered in favor of Defendant;
20 2. That Defendant be awarded its costs of suit incurred in defense of this
21 action; and
22 3. For such other relief as the Court deems just and proper.
23 DATED: June 1, 2018 BUCHALTER
A Professional Corporation
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By: /s/ Roger L. Scott
26 Roger L. Scott
Attorneys for Defendant
27 Terra Tech Corp.
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BUCHALTER
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A PROFES SION AL CORPORAT ION DEFENDANT’S ANSWER TO COMPLAINT Case No. 2:18-CV-02571-FMO-AGR
IRVINE
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1 CERTIFICATE OF SERVICE
2 The undersigned hereby certifies that a true and correct copy of the above
3 and foregoing document has been served on June 1, 2018, to all counsel of record
4 who are deemed to have consented to electronic service via the Court’s CM/ECF
5 system per Civil Local Rule 5.4. Any counsel of record who have not consented to
6 electronic service through the Court’s CM/ECF system will be served by electronic
7 mail, first class mail, facsimile and/or overnight delivery.
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9 /s/Roger L. Scott________________
10 Roger L. Scott
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A PROFES SION AL CORPORAT ION DEFENDANT’S ANSWER TO COMPLAINT Case No. 2:18-CV-02571-FMO-AGR
IRVINE
BN 33100563v1