LOS ANGELES, Jan. 11, 2023 (GLOBE NEWSWIRE) -- Joseph D. Curd, an attorney with the law firm Curd, Galindo & Smith, LLP, announces the filing of a lawsuit in Orange County Superior Court (OCSC Case No. 30-2022-01297964-CU-BC-WJC) on behalf of Howard’s Appliances, Inc., Southern California’s largest independent appliance retailer. The filing named Pilot Air Freight, LLC, a Delaware limited liability company, as the defendant in the case. Four complaints have been specified: Breach of Contract, Negligent Misrepresentation, Negligence, and Accounting.
The complaint states that Howard’s contracted with DSI Logistics, Inc., a Nevada corporation (“DSI”), wherein DSI agreed to provide delivery service haulers and intrastate motor carrier haulers to deliver merchandise Howard’s sold to its customers at various rates set forth in the contract. In about 2021, Pilot Air Freight, LLC (“Pilot”) took over the obligations of the contract from DSI.
According to the Complaint, Pilot breached the contract by overcharging Howard’s for what is described in the agreement as “complex deliveries,” and, by overcharging Howard’s for “regular deliveries.” The Complaint alleges that Howard’s was current on all payments, and had paid all amounts rightfully owed under the contract, but Pilot threatened to cut off all deliveries, without proper notice, during Howard’s busiest season of the year, in order to extort or force Howard’s to pay additional sums that it did not owe, and to pay a half-million dollar security deposit not called for in the contract in order for Pilot to keep delivering merchandise for Howard’s. The Complaint further claims Pilot also failed and refused to give an accounting or back-up documentation or audits of the charges, and that Pilot repeatedly breached the contract by refusing to make deliveries even though it had been paid in full, and had in fact been overpaid.
The Complaint states that because of Pilot’s breaches of contract, Howard’s has suffered actual, compensable damages in an amount according to proof at time of trial but not less than $1,000,000.
Curd is a founding member of Curd, Galindo & Smith, LLP, is a full-service law firm that represents both corporate and professional clients as well as consumers. The law firm has recovered millions of dollars for its thousands of clients since 1995 by winning complex and challenging business disputes, cases for consumers including death and injury cases involving police misconduct, workplace injuries, and defective products, against some of the world’s largest companies and governmental agencies.
Attorney Joseph D. Curd graduated cum laude from the University of Southern California in 1981. In 1984, he graduated cum laude from the University of Santa Clara with the degree of Doctor of Jurisprudence. He was also an extern for the Honorable Robert F. Peckham, Chief Justice of the United States District Court for the Northern District of California. Curd is admitted to practice before the United States Court of Appeal, 9th District, the United States District Courts, and the California Supreme Courts. Mr. Curd has received the American Jurisprudence Award and is a member of the State Bar of California.
A copy of the Howard’s Appliances Inc. vs. Pilot Air Freight, LLC is available here: bit.ly/3WU7eGY
Media Contact: Sabrina Suarez
sabrina@echomediateam.com
