Curd, Galindo & Smith, LLP, Files Lawsuit Against New Leaf Service Contracts, LLC, on Behalf of Howard’s Appliances, Inc

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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. 30-2021-01227447-CU-BC-CJC) on behalf of Howard’s Appliances, Inc., Southern California’s largest independent appliance retailer.

Joseph Curd

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. 30-2021-01227447-CU-BC-CJC) on behalf of Howard’s Appliances, Inc., Southern California’s largest independent appliance retailer. The filing named New Leaf Service Contracts, LLC, a Texas limited liability company, as the defendant in the case. The complaint alleges five causes of action which are: Breach of Contract, Intentional Interference with Prospective Economic Relations, Negligent Interference with Prospective Economic Relations, Rescission, and Common Count – Money Had and Received and Restitution Based on Unjust Enrichment.

The complaint alleges that Howard’s contracted with New Leaf to implement, maintain, and administer service contracts in the form of warranties for products sold to Howard’s customers from January 2016 through December 2020. As the warranty provider, New Leaf would be responsible for investigating, processing, adjusting, and paying valid claims covered by the Service Contracts.

The Complaint alleges, the essence of the contract with New Leaf was to allow Howard’s customers to buy with confidence and to protect them in the event of appliance failure. The Complaint alleges that Howard’s terminated the contract with New Leaf due to poor performance and poor customer service, and that New Leaf antagonized Howard’s customers by refusing to live up to their obligations under the warranties.

Furthermore, to provide service for Howard’s customers, the Complaint alleges that New Leaf is required to be registered and qualified to do business in the State of California. The complaint alleges that New Leaf failed to maintain proper insurance.

The complaint also alleges, “Howard’s seeks to fully terminate and rescind any rights, duties, or obligations of New Leaf to administer the Service Contracts” and asks for New Leaf to turn over “all unexpired warranties and Service Contracts currently in effect with New Leaf, as well as “the funds paid for such Service Contracts to assist in performing its obligations.”

The complaint alleges that New Leaf failed to deliver on their promises regarding appliance warranties. The complaint alleges that Howard’s is a company that is committed to upholding obligations to its customers.

Joseph Curd is a founding member of Curd, Galindo & Smith, LLP, 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.

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