United States District Court Northern District Of California San Francisco/oakland Division printable pdf download

United States District Court Northern District Of California San Francisco/oakland Division

Case 3:07-cv-02864-JSW

Document 11

Filed 07/11/2007

Page 1 of 4

Paul E. Rice/Bar No. 062509

RICE & BRONITSKY

350 Cambridge Avenue, Suite 225

Palo Alto, CA 94306

Telephone:

650/289-9088

Facsimile:

650/289-9093

Attorneys for Plaintiff

B&O Manufacturing, Inc.

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

SAN FRANCISCO/OAKLAND DIVISION

B&O MANUFACTURING, INC.,

Case No.: C 07-02864 JSW

Plaintiff,

FIRST AMENDED COMPLAINT

FOR BREACH OF CONTRACT,

RESCISSION, AND RESTITUTION

HOME DEPOT U.S.A., INC.,

Defendant.

DEMAND FOR TRIAL BY JURY

COMES NOW Plaintiff, and demanding trial by jury, alleges as follows:

GENERAL ALLEGATIONS

Plaintiff, B&O Manufacturing, Inc. (“B&O”), is a California corporation, whose principal

place of business is South San Francisco, California.

Defendant, Home Depot, U.S.A., Inc. (“HD”), is a Delaware corporation, whose principal

place of business is Atlanta, Georgia.

JURISDICTION

The Court has jurisdiction of this Complaint, pursuant to 28 USC 1332, as the parties are

citizens of different states and the amount in controversy exceeds $75,000.

Further, pursuant to a contract entered into by B&O and HD on or about April 5, 2005, the

parties agreed that any litigation arising out of said contract, which this lawsuit does, shall be brought

only in the United Stated District Court for the Northern District of California. A true and correct

FIRST AMENDED COMPLAINT

United States District Court Northern District Of California San Francisco/oakland Division