Holmes et al v. Yct. Nova et al

Filing 49

ORDER denying Defendant Stephen Yadvish's 37 Motion to Dismiss Individual Capacity Claims, by Judge Robert S. Lasnik. (SWT)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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ROBERT HOLMES, et al.,

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Plaintiffs,
Case No. C16-1422RSL
v.
YCT. NOVA, et al.,

ORDER DENYING MOTION TO
DISMISS INDIVIDUAL CAPACITY
CLAIMS

Defendants.

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This matter comes before the Court on “Defendant Stephen Yadvish’s Federal

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Rule of Civil Procedure 12(c) Motion to Dismiss Claims Against Him in His Individual

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Capacity.” Dkt. # 37. Defendant argues that the only claims asserted against him are

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based on his status as a shareholder and officer of defendant Yachtfish Marine, Inc. He is

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incorrect. Mr. Yadvish is accused of personally acting in a way that harmed plaintiffs.

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Corporate shareholders, officers, and agents can be held liable for their own wrongful

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conduct even if the actions were taken within the scope of their duties for the corporation.

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Dodson v. Economy Equip. Co., 188 Wash. 340, 343 (1936). Such liability is not based

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on an alter ego theory and does not require piercing the corporate veil. Grayson v. Nordic

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Constr. Co., Inc., 92 Wn.2d 548, 553-54 (1979).

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The allegations of the complaint adequately allege claims against Mr. Yadvish
based on his own tortious conduct, regardless of whether he was acting on his own behalf,

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ORDER DENYING MOTION TO DISMISS
INDIVIDUAL CAPACITY CLAIMS - 1

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on behalf of Yachtfish Marine, Inc., or on behalf of his partnership with defendant S.B.

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Joseph Clark. In addition, Mr. Yadvish has asserted a maritime lien which plaintiffs seek

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to expunge. The motion to dismiss plaintiffs’ claims against Mr. Yadvish in his individual

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capacity is DENIED.

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Dated this 20th day of April, 2017.

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A

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Robert S. Lasnik
United States District Judge

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ORDER DENYING MOTION TO DISMISS
INDIVIDUAL CAPACITY CLAIMS - 2