POWELL v. CLOUD KITCHENS INC. et al Document 1: Complaint Received

New Jersey District Court
Case No. 2:21-cv-20456-CCC-LDW
Filed December 10, 2021

Complaint Received. (Attachments: # (1) Application IFP, # (2) Summons, # (3) Summons, # (4) Text of Proposed Order)(qa, )

BackBack to POWELL v. CLOUD KITCHENS INC. et al

Tags No tags have been applied so far. Sign in to add some.

  Formatted Text Tab Overlap Raw Text Right End
Page 1 PageID: Pro Se 2 (Rev. 12/16) Complaint and Request for Injunction
UNITED STATES DISTRICT COURT
for the
DistrictDistrict
of NewofJersey
__________
__________
________CIVIL__
Division
__________ Division
ZENA L. POWELL
Plaintiff(s)
(Write the full name of each plaintiff who is filing this complaint.
If the names of all the plaintiffs cannot fit in the space above,
please write “see attached” in the space and attach an additional
page with the full list of names.)
-vCLOUD KITCHENS INC.DBA 500 CORTLAND ST
BEL LLC, & OTTER COMPUTER INC.
Defendant(s)
(Write the full name of each defendant who is being sued. If the
names of all the defendants cannot fit in the space above, please
write “see attached” in the space and attach an additional page
with the full list of names.)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
Case No.
(to be filled in by the Clerk’s Office)
COMPLAINT AND REQUEST FOR INJUNCTION
I.
The Parties to This Complaint
A.
The Plaintiff(s)
Provide the information below for each plaintiff named in the complaint. Attach additional pages if
needed.
B.
Name
ZENA L POWELL
Street Address
20 HOWARD DRIVE APT. V
City and County
BERGENFIELD & BERGEN
State and Zip Code
NEW JERSEY
Telephone Number
551-275-
E-mail Address
TEOTEOJOHNSON@OUTLOOK.COM
The Defendant(s)
Provide the information below for each defendant named in the complaint, whether the defendant is an
individual, a government agency, an organization, or a corporation. For an individual defendant,
include the person's job or title (if known). Attach additional pages if needed.
Page 1 of 6
Page 2 PageID: Pro Se 2 (Rev. 12/16) Complaint and Request for Injunction
Defendant No. Name
CLOUD KITCHENS
Job or Title (if known)
COMPANY
Street Address
777 S. FIGUEROA ST. SUITE
City and County
LOS ANGELES, LOS ANGELES
State and Zip Code
CALIFORNIA
Telephone Number
301-756-
E-mail Address (if known)
SALES@CLOUDKITCHENS.COM
Defendant No. Name
OTTER COMPUTER INC
Job or Title (if known)
COMPANY
Street Address
3350 SCOTT BLVD BLDG
City and County
SANTA CLARA
State and Zip Code
CALIFORNIA 954054-
Telephone Number
408-735-
E-mail Address (if known)
WWW.OTTERUSA.COM
Defendant No. Name
Job or Title (if known)
Street Address
City and County
State and Zip Code
Telephone Number
E-mail Address (if known)
Defendant No. Name
Job or Title (if known)
Street Address
City and County
State and Zip Code
Telephone Number
E-mail Address (if known)
Page 2 of 6
Page 3 PageID: Pro Se 2 (Rev. 12/16) Complaint and Request for Injunction
II.
Basis for Jurisdiction
Federal courts are courts of limited jurisdiction (limited power). Generally, only two types of cases can be
heard in federal court: cases involving a federal question and cases involving diversity of citizenship of the
parties. Under 28 U.S.C. § 1331, a case arising under the United States Constitution or federal laws or treaties
is a federal question case. Under 28 U.S.C. § 1332, a case in which a citizen of one State sues a citizen of
another State or nation and the amount at stake is more than $75,000 is a diversity of citizenship case. In a
diversity of citizenship case, no defendant may be a citizen of the same State as any plaintiff.
What is the basis for federal court jurisdiction? (check all that apply)
✔ Federal question

’ Diversity of citizenship
Fill out the paragraphs in this section that apply to this case.
A.
If the Basis for Jurisdiction Is a Federal Question
List the specific federal statutes, federal treaties, and/or provisions of the United States Constitution that
are at issue in this case.
FTC ACT SECTION 5(A) UNFAIR OR DECEPTIVE TRADE PRACTICES, NJSA 56:8-2, AND THE
FEDERAL LANHAM ACT TITLE 15 U.S.C 1125(A)
B.
If the Basis for Jurisdiction Is Diversity of Citizenship
1.
The Plaintiff(s)
a.
If the plaintiff is an individual
, is a citizen of the
The plaintiff, (name) ZENA L POWELL
State of (name) NEW JERSEY
b.
.
If the plaintiff is a corporation
The plaintiff, (name)
, is incorporated
under the laws of the State of (name)
,
and has its principal place of business in the State of (name)
.
(If more than one plaintiff is named in the complaint, attach an additional page providing the
same information for each additional plaintiff.)
2.
The Defendant(s)
a.
If the defendant is an individual
, is a citizen of
The defendant, (name)
the State of (name)
(foreign nation)
. Or is a citizen of
.
Page 3 of 6
Page 4 PageID: Pro Se 2 (Rev. 12/16) Complaint and Request for Injunction
b.
If the defendant is a corporation
The defendant, (name) CLOUD KITCHENS INC.
the laws of the State of (name) CALIFORNIA
, is incorporated under
, and has its
principal place of business in the State of (name) CALIFORNIA
Or is incorporated under the laws of (foreign nation)
,
and has its principal place of business in (name)
.
.
(If more than one defendant is named in the complaint, attach an additional page providing the
same information for each additional defendant.)
3.
The Amount in Controversy
The amount in controversy–the amount the plaintiff claims the defendant owes or the amount at
stake–is more than $75,000, not counting interest and costs of court, because (explain):
I am requesting compensatory, consequential, and nominal damages
III.
Statement of Claim
Write a short and plain statement of the claim. Do not make legal arguments. State as briefly as possible the
facts showing that each plaintiff is entitled to the injunction or other relief sought. State how each defendant
was involved and what each defendant did that caused the plaintiff harm or violated the plaintiff's rights,
including the dates and places of that involvement or conduct. If more than one claim is asserted, number each
claim and write a short and plain statement of each claim in a separate paragraph. Attach additional pages if
needed.
A.
Where did the events giving rise to your claim(s) occur?
IN THE STATE OF NEW JERSEY
B.
What date and approximate time did the events giving rise to your claim(s) occur?
7/27/
Page 4 of 6
Page 5 PageID: Pro Se 2 (Rev. 12/16) Complaint and Request for Injunction
C.
What are the facts underlying your claim(s)? (For example: What happened to you? Who did what?
Was anyone else involved? Who else saw what happened?)
The business relationship was formed on deceptive business practices and false statements of services
to be provided and fees being all inclusive by Georgia Morhbacher on behalf of Cloud Kitchens. In my
brief the details of the aforementioned communications resulting in the approved transaction by my son
Teo Powell who funded the business initially from his brokerage account. In addition the company
operates in unsafe practices as there are no twenty four hour facilities managers that are qualified HVAC
Osha certified facilities manager to shut off gas line in the event of an emergency gas leak or water
issues. The promise of nightly general kitchen cleaning (all equipment and floors), weekly hood cleaning
and quarterly deep cleaning, marketing, application assistance, and signage were lies. Also charged
operational fees prior to any equipment being delivered or me taking complete possession of the space.
Charging licensing fees of $3600 monthly in addition to $2000 operational fees and a storage fee of per rack but cannot explain what it is that they are licensing since you cannot license commercial space.
IV.
Irreparable Injury
Explain why monetary damages at a later time would not adequately compensate you for the injuries you
sustained, are sustaining, or will sustain as a result of the events described above, or why such compensation
could not be measured.
The business model they have imposed with the assistance of their partnership with Tryotter.com is one that
gurantees high turn-over of merchants within the building. Not even the franchises that have contracted with them
are satisfied and have left their facilities such as TGIFridays left during the month of November acknowledging
that their fees for licensing were bogus and the additional fees hidden incurred were not what was promised
during the sales pitch. The merchant such as myself can never become profitable because Otter system is used
to control sales flow and since Cloud does not advertise or market on your business as stated in the sales
presentation you wont pickup the foot traffic needed to sustain the monthly cost in which they rely on and they
intentionally donot respond during the onboarding process immediately to take up the time you would have to
withdraw from the contract upon discovering the issues mentioned because that would result in a refund of the
initial deposit. The organization targets a specific group of consumers as well that are less educated in business
but have dream of becoming a food business owner. Merchants are bankrupt or return to prior fields and I
personally expressed my need for the services to be as stated due to disability and needing those services.
V.
Relief
State briefly and precisely what damages or other relief the plaintiff asks the court to order. Do not make legal
arguments. Include any basis for claiming that the wrongs alleged are continuing at the present time. Include
the amounts of any actual damages claimed for the acts alleged and the basis for these amounts. Include any
punitive or exemplary damages claimed, the amounts, and the reasons you claim you are entitled to actual or
punitive money damages.
I am seeking damages of $200,000 which would include the money given to cloud thus far of $12,259.22 the
equipment fees I paid of $4,704.00 and the cost of Food $3,314.00and the additional damages requested in
compensatory, and other damages. I am also requesting an investigation into Cloud as they are the same
executives who left Weworx prior to charges being brought against the company they left and formed this one but
also own City Storage systems, LLC an a host of other subsidiaries across the country. The company needs to
have the merchants they lease to speak with investigators to share their experience and the pattern of deceptive
sales tactics will become very transparent as we all had different sales persons. To temporarily bar the licensing
fees until it is determined what it is that the company is licensing you for and to review how many cleints have
been illegally evicted without court paperwork. How many sales were effected by the Otter system being turned
off on them during business for lack of payment of an invoice within the same month? And, How many have been
affected by Otter being down offline or their sales flow experieince with otter directing the sales traffic.
Page 5 of 6
Page 6 PageID: Pro Se 2 (Rev. 12/16) Complaint and Request for Injunction
VI.
Certification and Closing
Under Federal Rule of Civil Procedure 11, by signing below, I certify to the best of my knowledge, information,
and belief that this complaint: (1) is not being presented for an improper purpose, such as to harass, cause
unnecessary delay, or needlessly increase the cost of litigation; (2) is supported by existing law or by a
nonfrivolous argument for extending, modifying, or reversing existing law; (3) the factual contentions have
evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable
opportunity for further investigation or discovery; and (4) the complaint otherwise complies with the
requirements of Rule 11.
A.
For Parties Without an Attorney
I agree to provide the Clerk’s Office with any changes to my address where case–related papers may be
served. I understand that my failure to keep a current address on file with the Clerk’s Office may result
in the dismissal of my case.
Date of signing:
12/10/
Signature of Plaintiff
Printed Name of Plaintiff
B.
Zena l. Powell
For Attorneys
Date of signing:
Signature of Attorney
Printed Name of Attorney
Bar Number
Name of Law Firm
Street Address
State and Zip Code
Telephone Number
E-mail Address
Page 6 of
Print
Save As...
Add Attachment
Reset
Page 7 PageID: AO 440 (Rev. 06/12) Summons in a Civil Action
UNITED STATES DISTRICT COURT
for the
District
of New
__________
District
ofJersey
__________
ZENA L. POWELL
Plaintiff(s)
v.
CLOUD KITCHENS INC, & OTTER COMPUTER
INC.
Defendant(s)
)
)
)
)
)
)
)
)
)
)
)
)
Civil Action No.
SUMMONS IN A CIVIL ACTION
To: (Defendant’s name and address) OTTER COMPUTER INC.
3350 SCOTT BLVD
BLDG SANTA CLARA, CA 95054-ATTN: LEGAL DEPARTMENT
A lawsuit has been filed against you.
Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,
whose name and address are: ZENA L. POWELL
20 HOWARD DRIVE
APT. V
BERGENFIELD, NJ,
If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.
CLERK OF COURT
Date:
12/10/Signature of Clerk or Deputy Clerk
Page 8 PageID: AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)
Civil Action No.
PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))
This summons for (name of individual and title, if any)
was received by me on (date)
.
’ I personally served the summons on the individual at (place)
on (date)
; or
’ I left the summons at the individual’s residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date)
, and mailed a copy to the individual’s last known address; or
’ I served the summons on (name of individual)
, who is
designated by law to accept service of process on behalf of (name of organization)
on (date)
; or
’ I returned the summons unexecuted because
; or
’ Other (specify):
.
My fees are $
for travel and $
for services, for a total of $
0.
I declare under penalty of perjury that this information is true.
Date:
Server’s signature
Printed name and title
Server’s address
Additional information regarding attempted service, etc:
Print
Save As...
Reset
.
Space
Issues Laws Cases Pro Articles Firms Entities
Issues Laws Cases Pro Articles Firms Entities
 
PlainSite
Sign Up
Need Password Help?