Case 2:22-cv-01127 Document 1-4 Filed 02/18/22 Page 1 of 5 Page ID #:16
`Case 2:22-cv-01127 Document 1-4 Filed 02/18/22 Page1of5 Page ID #:16
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`EXHIBIT D
`EXHIBIT D
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`PETER SUNUKJIAN, SBN 196896
`Peter@BriggsAndAlexander.com
`JEFFREY WEBER, SBN 283570
`jeff@briggsandalexander.com
`BRIGGS & ALEXANDER, APC
`4300 Campus Drive, Suite 210
`Newport Beach, CA 92660
`Tel. (714) 520-9250
`Fax (714) 520-9248
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`Attorneys for Plaintiff
`ACTCA, A MEMBER OF THE ALLIANCE, INC.
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`SUPERIOR COURT OF THE STATE OF CALIFORNIA
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`COUNTY OF LOS ANGELES – STANLEY MOSK COURTHOUSE
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`ACTCA, A MEMBER OF THE ALLIANCE,
`INC., a California corporation;
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`Plaintiff,
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`v.
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`RHYTHM PHARMACEUTICALS, INC., a
`Delaware corporation; and, DOES 1 through 10,
`Inclusive,
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`Defendants.
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`CASE NO.:
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`COMPLAINT FOR BREACH OF CONTRACT
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`DEMAND FOR JURY
`UNLIMITED CIVIL
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`Plaintiff ACTCA, A MEMBER OF THE ALLIANCE, INC., alleges for each cause of action
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`with knowledge as to itself and otherwise on information and belief, as follows:
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`PARTIES
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`1.
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`Plaintiff ACTCA, A MEMBER OF THE ALLIANCE, INC. is a corporation with its
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`principal place of business located in Los Angeles County, California.
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`2.
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`Plaintiff is informed and believes that Defendant RHYTHM PHARMACEUTICALS,
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`INC., is a Delaware Corporation with its principal place of business located in Suffolk County,
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`Massachusetts.
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`4.
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`Plaintiff is unaware of the true names, identities, or capacities of Defendants DOES 1
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`through 10, or any of them, and for this reason said defendants are sued herein by such fictitious
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`names. When Plaintiff ascertains the true names, identities, and capacities of Defendants DOES 1
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`ACTCA, A MEMBER OF THE ALLIANCE, INC. V. RHYTHM PHARMACEUTICALS, INC.., et al..: COMPLAINT
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`Electronically FILED by Superior Court of California, County of Los Angeles on 12/21/2021 11:43 AM Sherri R. Carter, Executive Officer/Clerk of Court, by H. Flores-Hernandez,Deputy Clerk
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`Assigned for all purposes to: Stanley Mosk Courthouse, Judicial Officer: Michelle Williams Court
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`21STCV46449
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`Case 2:22-cv-01127 Document 1-4 Filed 02/18/22 Page 3 of 5 Page ID #:18
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`through 10, or any of them, Plaintiff will amend this Complaint to allege the same. Plaintiff is
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`informed and believes, and thereon alleges that each such fictitiously named Defendant is responsible
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`in some manner for the acts, occurrences, happenings, and/or omissions herein after alleged.
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`5.
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`Plaintiff is informed and believe, and upon such information and belief alleges, that
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`Defendants and DOES 1 through 10, and each of them, were acting as agents, servants, employees,
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`successors, predecessors, associates, partners, joint ventures, representatives and/or in some capacity,
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`however termed and/or described, of each other and were acting within the course and scope of each
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`of the other Defendants and DOES 1 through 10, and with full knowledge and consent, such that the
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`Defendants are jointly and severally liable to Plaintiff.
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`JURISDICTION AND VENUE
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`7.
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`Plaintiff alleges, upon information and belief, that pursuant to Code of Civil Procedure
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`Section 395, venue is properly laid in the County of Los Angeles, which is the County where the
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`contract was entered into.
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`GENERAL ALLEGATIONS
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`8.
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`In and around 2018 RHYTHM PHARMACEUTICALS, INC. (hereinafter referred to
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`as “Rhythm”) entered into a series of written contracts with Plaintiff ACTA, A MEMBER OF THE
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`ALLIANCE, INC., SFCT, A Member of the Alliance, Inc.; ICTLV, Inc.; and NYCT, A Member of
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`the Alliance, Inc. (Plaintiff ACTA, A MEMBER OF THE ALLIANCE, INC., SFCT, A Member of
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`the Alliance, Inc.; ICTLV, Inc.; and NYCT, A Member of the Alliance, Inc. shall be jointly referred
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`to as “the Alliance”) for the purpose of conducting two separate and distinct clinical trials
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`(Hereinafter referred to as “Clinical Trial Contracts”).
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`9.
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`Plaintiff ACTA, A MEMBER OF THE ALLIANCE, INC. accepted Rhythm’s offer to
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`conduct the clinical trials in the County of Los Angeles.
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`10.
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`The Alliance diligently performed pursuant to the Clinical Trial Contracts and
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`performed all conditions, covenants, and promises required on its part to be performed in accordance
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`with the terms and conditions of the Clinical Trial Contracts.
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`Case 2:22-cv-01127 Document 1-4 Filed 02/18/22 Page 4 of 5 Page ID #:19
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`11.
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`In approximately 2021 it became clear to The Alliance that Rhythm did not intend to
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`pay the remaining amounts due and owing pursuant to the Clinical Trial Contracts. Specifically,
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`Rhythm owes, and is refusing to pay to the specific Alliance entities the following amounts:
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`ACTCA, A Member of the Alliance, Inc.
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`ICTLV, Inc. – Las Vegas Location
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`SFCT, A Member of the Alliance, Inc.
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`NYCT, A Member of the Alliance, Inc.
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`$903,079.95
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`$354,321.90
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`$342,817.65
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`$702,172.75
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`12.
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`Demand has been made by The Alliance for Rhythm to tender the amounts owed and
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`Rhythm has refused.
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`13.
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`After Rhythm’s breach of the Clinical Trial Contracts, SFCT, A Member of the
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`Alliance, Inc. ICTLV, Inc.; and NYCT, A Member of the Alliance, Inc. assigned their respective
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`rights to collect the amounts due and owing from Rhythm to Plaintiff ACTA, A MEMBER OF THE
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`ALLIANCE, INC.
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`FIRST CAUSE OF ACTION
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`Breach of Contract
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`(Against All Defendants)
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`14.
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`Plaintiff repeats and re-alleges all of the above paragraphs and incorporates those
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`paragraphs as though fully set forth herein.
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`15.
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`Pursuant the Clinical Trial Contracts, Rhythm was to pay The Alliance for conducting
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`certain clinical trials at the request of Rhythm.
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`16.
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`The Alliance have performed all conditions, covenants, and promises required on their
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`part to be performed in accordance with the terms and conditions of the Clinical Trial Contracts or
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`have been excused from further performance because of the actions of Defendants.
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`ACTCA, A MEMBER OF THE ALLIANCE, INC. V. RHYTHM PHARMACEUTICALS, INC.., et al..: COMPLAINT
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`Case 2:22-cv-01127 Document 1-4 Filed 02/18/22 Page 5 of 5 Page ID #:20
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`17.
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`Rhythm materially breached the Clinical Trial Contracts by failing to pay sums due
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`and owing to The Alliance.
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`18.
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`As a direct and proximate result of Rhythm’s wrongful conduct and material breach of
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`the Clinical Trial Contracts as described herein, The Alliance has sustained damages in the amount to
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`be proven at trial but in excess of this Court’s jurisdiction.
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`RESERVATION OF RIGHT TO AMEND
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`19.
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`Plaintiff, on information and belief, allege that they may have additional causes of
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`action against Defendants. On this basis, Plaintiff hereby reserves the right to amend this Complaint
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`to assert additional causes of action as appropriate.
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`JURY DEMAND
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`20.
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`Plaintiff reserves its right to, and hereby does request, a trial by jury on all matters so
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`triable.
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`PRAYER FOR RELIEF
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`WHEREFORE, Plaintiff prays for judgment against Defendants, and each of them, as
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`follows:
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`1. For general, incidental, and consequential damages in an amount exceeding the unlimited
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`jurisdictional limits of this Court, such amount to be subject to proof at the time of trial;
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`2. For attorneys’ fees;
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`3. For costs of suit incurred herein; and
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`4. For such other and further relief as the Court may deem just and proper.
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`DATED: December 21, 2021
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`Respectfully submitted,
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`BRIGGS & ALEXANDER, APC
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`____________________________________
`Jeffrey Weber
`Lev Zartarian
`Attorneys for Plaintiff
`4300 CAMPUS DRIVE LLC
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