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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1 2 3 4 5 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 7 8 ROBERT HOLMES, et al., 9 10 11 12 Plaintiffs, Case No. C16-1422RSL v. YCT. NOVA, et al., ORDER DENYING MOTION TO DISMISS INDIVIDUAL CAPACITY CLAIMS Defendants. 13 14 This matter comes before the Court on “Defendant Stephen Yadvish’s Federal 15 Rule of Civil Procedure 12(c) Motion to Dismiss Claims Against Him in His Individual 16 Capacity.” Dkt. # 37. Defendant argues that the only claims asserted against him are 17 based on his status as a shareholder and officer of defendant Yachtfish Marine, Inc. He is 18 incorrect. Mr. Yadvish is accused of personally acting in a way that harmed plaintiffs. 19 Corporate shareholders, officers, and agents can be held liable for their own wrongful 20 conduct even if the actions were taken within the scope of their duties for the corporation. 21 Dodson v. Economy Equip. Co., 188 Wash. 340, 343 (1936). Such liability is not based 22 on an alter ego theory and does not require piercing the corporate veil. Grayson v. Nordic 23 Constr. Co., Inc., 92 Wn.2d 548, 553-54 (1979). 24 25 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, 26 ORDER DENYING MOTION TO DISMISS INDIVIDUAL CAPACITY CLAIMS - 1 1 on behalf of Yachtfish Marine, Inc., or on behalf of his partnership with defendant S.B. 2 Joseph Clark. In addition, Mr. Yadvish has asserted a maritime lien which plaintiffs seek 3 to expunge. The motion to dismiss plaintiffs’ claims against Mr. Yadvish in his individual 4 capacity is DENIED. 5 6 Dated this 20th day of April, 2017. 7 A 8 Robert S. Lasnik United States District Judge 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ORDER DENYING MOTION TO DISMISS INDIVIDUAL CAPACITY CLAIMS - 2

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