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Plaintiff further seeks permission to amend her pleadings to assert a claim for discount to the extent that the Court doesn’t find the doctrine already invoked in the FAC. As an initial matter, the Court does not find the FAC puts Defendants that Plaintiff seeks to hold the Rudkins accountable for HPV’s alleged breach of its arrangement.

#29. E (“SAC”)). The philosophy of corporate discount makes it possible for the”corporate entity to be dismissed and liability assessed against shareholders in the corporation when the corporation has been intentionally used to violate or evade a duty owed to the next.” Morgan v. Burks, 93 Wn.

Id. The doctrine can’t be invoked in this case for several reasons. First, Washington law precludes disregard where the resources of a corporation are intact and unaffected by the wrongful activity. Id. In 590 (appellate court erred in allowing disregard of a corporate kind” if the corporation’s assets are intact and so readily available for satisfaction of the judgment against it”).

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It alleges that today, as at the time of Plaintiff’s loan, HPV’s only assets have consisted of the Phillip’s IP, which she claims is appreciated at”hundreds of dollars.” SAC at 39. Plaintiff’s suggested cause of action will still fail even if it were not true that the assets of HPV remain undamaged.

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M&N Modern Hydraulic Press Co., 97 Wn. 2d 403, 410, 645 P.2d 689 (1982) (internal quotations omitted). This primarily asserts that abuse occurred through the implementation of a note offered to Hoover, which had the effect of subordinating Plaintiff’s loan of HPV. Watch SAC in 65. However, Plaintiff’s pleadings don’t reveal that this loan to be anything other than a regular business decision by a company needing additional capitalization, and there is no assertion that the Rudkins meant to induce HPV to evade its claimed duty to settle Plaintiff or that they personally benefitted thereby.

2d at 410 (no discount of the corporate form where corporate officer transferred his remaining shares to his mother). Corporate discount is also inappropriate where, as here, a plaintiff knows a firm to maintain fiscal conditions that are shaky but fails to take advantage of safeguards.

App. 638, 646, 618 P.2d 1017 (1980) (no disregard where creditor” made no effort to obtain a personal guarantee prior to extending credit nor did it record timely chattel liens when payment became suspicious”); see also SAC at 22 (“At the time of Plaintiff’s loan, HPV was nearly insolvent and in desperate need of a cash infusion.”) .

Mc Combs Constr is cited by plaintiff. App. 70, 645 P.2d 1131 (1982) for the proposition that judges could pierce the corporate veil in which a corporate officer commingles his private funds with the corporation’s assets such that separation between them ceases to exist. See Dkt.

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Watch Mc Combs. App. At 77 (“The record provides substantial evidence that defendant commingled his private affairs with those of the company such as to justify the imposition of personal liability.”) That HPV payments were made”straight from Mr. Du Wors’ IOTLA accounts,” Dkt. #31, p. 14, doesn’t encourage the imposition of personal liability on the Rudkins.

Plaintiff admits that this claim isn’t pled in the FAC, Dkt. #31, p. 15, and the Court neglects to differentiate within it adequate notice of a claim for tortious interference. The Rudkins are entitled to judgment as to the claim. Plaintiff also asks the Court to evaluate the motion together with her Motion to Amend.

As an initial matter, this claim undercuts the Plaintiff’s attempt to maintain a breach of contract claim against the Rudkins. It is well-accepted an”action for tortious interference with a contractual relationship is located only against a third party.” 2d 596, 598, 611 P.2d 737 (1980) (en banc).

Setting aside the inconsistencies of Plaintiff’s causes of action, Plaintiff fails to conquer the privilege preserved by the Rudkins as corporate officers. Under Washington law,” an officer or director of a corporation isn’t personally liable for inducing the corporation to violate a contractual relation given the officer or director acts in good faith,” in which”good religion signifies nothing more than the intention to benefit the company .” Id.

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She fails to allege any facts to bolster this legal conclusion, although Plaintiff alleges from the proposed SAC that the Rudkins acted to serve their purposes, SAC in 82-83. Even if the Rudkins, therefore, interfered with Plaintiff’s contractual rights and acted with motives, the advantage to HPV condition of this capitalization works to protect the Rudkins from immunity.

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Also pending in this instance is related moves, which will be the subject of another purchase, in addition to a motion for summary judgment by Defendant John Du Wors. Having considered the pleadings, the parties’ moving papers and opposition thereto, along with the rest of the record, the Court grants Defendants’ Motion for Judgment on the Pleadings and denies Plaintiff’s petition for leave to amend.

HPV was integrated on or about May 3, 2010 by various friends of Mark Phillips, a non-party who had been convicted in a separate criminal proceeding on counts of wire fraud, mail fraud, and money laundering caused by theft by his former firm MOD Systems, Inc..

In 2009 and 2010, in addition to the subject of criminal identification, he contacted buddies including Defendants Chad and Elizabeth Rudkins (the”Rudkins”) for help in funding his lawsuit expenses and protecting his own intellectual property. Dkt. #15, First Amended Complaint (“FAC), 9, 10. Phillips subsequently licensed his intellectual property (“IP”) to HPV, that had been to increase funds by prosecuting offenses of the IP.

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In 11. Plaintiff believes that the stocks of HPV were split between Chad Rudkin and non-parties Stephen Schweickert, Doug Lower, and Mark Phillips. Id. Desiring to assist Phillips and further attempts to market his IP, Plaintiff allegedly made arrangements in April 2011 with then HPV C.E.O. Stephen Schweickert to loan $200,000 to HPV.

In p. 3 & 15. Plaintiff alleges that the counsel, Defendant John Du Wors, who simultaneously served as an attorney for Phillips of HPV, made willful misrepresentations to her in order to induce her own investment. Id. at 16-18. She asserts that Du Wors ready the promissory note on behalf of HPV, which stated that”the Lender was forced to enter this agreement with the mutual agreement and stipulation an 8 percent fully paid passive membership involvement in that partnership entity known as Hunts Point Venture Group, LLC”HPVG” will be granted.” Id.

Plaintiff further claims that she was told by Stephen Schweickert that her loan would enable HPV to form HPVG and that she’d be given an”8 percent passive membership” with no respect to HPV’s obligation on the notice. Id. At 26. Upon receiving a copy of Joint Participation Agreement and the Promissory Note from HPVG and HPV, $200,000 was wired by the plaintiff on April 26, 2011 to an HPV account.

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At 27; see id. at Ex. A. Plaintiff asserts that she has not obtained any scheduled payments from HPV on her note or any written documentation regarding her possession of shares in HPVG. Id. She filed the second lawsuit seeking to recover her damages.

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The Court entered a Scheduling Order setting a deadline for joinder of parties of October 11, 2013. Dkt. #24. Upon the appointment of a general recipient on behalf of Defendant HPV at Case No this activity had been automatically stayed on November 25, 2013.

Sup. Ct.). See Dkt. #26. Plaintiff has filed a proof of claim in the receivership actions seeking to recover interest and principal on her loan from HPV. See Dkt. #28. 1. Upon lifting of the automatic stay, the Rudkins filed the instant Motion for Judgment on the Pleadings as to all claims asserted against them, in the alternative, for summary judgment to the extent which Plaintiff seeks to assert derivative claims as a shareholder of HPV.

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#27. See Dkt. 29, ## 28.

Dkt. #30. The rest of the discovery motions relate to Defendant Du Wors. Du Wors moves the Court to induce Plaintiff to respond to his interrogatories and requests for production (Dkt. # 54), while Plaintiff moves the Court to compel Du Wors to respond to her second set of discovery requests served on June 11, 2014 (Dkt.

Before the September 15, 2014 deadline for discovery, Du Wors filed the depositions of both Stephen and Joyce Schweickert a motion seeking to finish two discovery events past this deadline and obtainment of files pursuant to third-party subpoenas on service providers. Dkt. #61.

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See Dkt. 67, ## 63. A motion was filed. The instantaneous Order considers all other motions in turn. DISCUSSION I. Motion for Judgment on the Pleadings (Dkt. #27) A. Legal Standard”After the pleadings are closed but early enough to not delay trial party may move for judgment on the pleadings.” Fed.

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These two components include: (1) representation of an existing fact; (2) materiality; (3) falsity; (4) the speaker’s knowledge of its falsity; (5) the speaker’s intention that it will be relied upon by the plaintiff; (6) the plaintiff’s ignorance of falsity; (7) dependence; (9) right to rely; and (9) consequent damages.

The parties do not dispute that the Court is to apply the substantive law of the State of Washington in this diversity case. ——– so as to prevail on her claim for negligent misrepresentation, Plaintiff must prove by”clear, cogent, and convincing evidence” that (1) the defendant supplied information for the guidance of others in their business transactions that has been false; (2) the defendant knew or should have known that the information was provided to guide the plaintiff in business transaction; (3) the defendant was negligent in obtaining or communicating false information; (4) the plaintiff relied on the false information supplied by the suspect; (5) the plaintiff’s reliance on the false information was reasonable under the circumstances; and (6) the false information was the proximate cause of damages to the plaintiff.

Kirner. Because the court must see evidence presented on summary judgment” through the prism of the substantive evidentiary burden,” Anderson, 477 U.S. in 254, a defendant seeking summary judgment on fraud or negligent misrepresentation have to show that no reasonable factfinder could realize that the plaintiff has proven each element by clear, cogent, and convincing evidence.

PG Alaska Crab Inv. Co., LLC, 2006 WL 328400, *2 (W.D. Wash. 2006). That is, that the non-moving party has to reveal from evidence in the record that the details are in question are”highly likely.” Tiger Oil Corp. v. Yakima County., 158 Wn. App. Plaintiff is unable to satisfy this burden regarding the allegedly false statements each.

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Justifiable reliance is”dependence which has been reasonable under the surrounding states,” Lawyers Title Ins. Corp. v. Baik, 147 Wash. 2d 536, 551 (2002) (internal quotes omitted), and a”party may not be heard to state she relied upon a representation when she had no right to do so.

Under Washington law, a party can’t reasonably rely upon an oral misrepresentation when a party had an opportunity to later review the record contradicting the misrepresentation before executing it. Id.; Skagit State Bank v. Rasmussen, 109 Wash. 2d 377, 385 (1987) (“A party normally can’t escape the duty of studying the documents…”).

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Consequently, she cannot demonstrate that she relied upon any previous misrepresentations regarding its own terms. Additionally, Plaintiff has failed to establish that the alleged individual misrepresentations made by Du Wors each were funny. Plaintiff hasn’t shown by clear, cogent, and convincing evidence that Du Wors’ announcement that HPVG was formed to grant citizenship pursuits was really false or her reliance on this statement was reasonable.

In p. 29; Dkt. Ex, # 80. 3. She hasn’t proven as it existed in that time, that Du Wors falsely misrepresented the nature of the firm. Further, Plaintiff’s repeated admissions that HPVG was merely a”concept” in the time of her investment instead of”a well-oiled machine” and that its connection to HPV was unsettled and fluid (see J.

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At pp. 28-29, 66-67) negate her promise that she justifiably relied on a guarantee her loan would assure her an equity interest that could confer upon her a”future economic expectancy.” FAC at 19. Additionally, to the extent that Plaintiff interpreted Du Wors’ announcement as being a promise for the”conferral of a prospective economic expectancy” (id.), the statement isn’t a representation of a present reality and consequently not actionable as a matter of legislation for either a claim of fraud or negligent misrepresentation.

King County, 164 Wash. 2d 640, 662, 192 P.3d 891 (2008) (A false guarantee doesn’t constitute the representation of a current fact.”) ; Micro Enhancement Intern., Inc. v. Coopers & Lybrand LLP, 110 Wash. App. 412, 436, 40 P.3d 1206 (2002) (“Attempting to do guarantees of future conduct can’t establish the requisite neglect for negligent misrepresentation.”) ; Havens v.

2d 158, 182, 876 P.2d 435 (1994). Likewise the second alleged misrepresentation – that Plaintiff would benefit from profit sharing between HPV and HPVG – is at a guarantee of future performance. As such, it doesn’t constitute a representation of a present reality and isn’t actionable as a matter of law.

2d at 662; Havens, 124 Wash. 2d at 182. Plaintiff attempts to avoid this result by asserting that she had been”led to think the parties had formulated and would at least attempt to execute this plan for any patent offenses that Mr. Du Wors prosecuted.” FAC in 20. Plaintiff’s fraud claim still fails based on the misrepresentation so characterized.

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John is a high stakes litigator and business adviser, representing businesses in the technology, internet, telecommunications, and media spaces, as well as financial institutions. He has a profound understanding of business, intellectual property, employment law, advertising regulation, cell phone communication difficulties, and e-commerce. John along with his firm likely to represent more digital marketing companies than any firm in the world.

John is licensed to practice law in the state and federal courts of California, New York, and Washington. He is a co-founder and board member of Green Canopy Homes, a house builder who sells and rehabilitates residences with an emphasis on reduction of greenhouse gas emissions and carbon footprint.

Against Johns customer, Dicks Sporting Goods, the plaintiff sued on behalf in this Telephone Consumer Protection Act class actions. They maintained $55,000,000 in damages, and alleged mass prohibited text messaging.

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Following motion training, John and his team successfully defeated plaintiffs motion for class certification. They argued that the plaintiff was an inadequate class representative since he was a plaintiff class action lawyer who’d baited. The case was voluntarily dismissed by the plaintiff, by Johns client without a payment.

In cases like this, Johns client was accused in a class action of distributing advertising and marketing text messages. John and his staff responded to the complaint with a motion to dismiss and a petition to have the prosecution and his law firm for bringing a frivolous action fined.

In this Telephone Consumer Protection Act class actions, the plaintiff sought hundreds of millions of dollars in putative class actions for advertising telephone calls that he claimed were illegal since he didn’t agree to get them and continued to receive following requests that he be placed on a do-not-call record.

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John and his team also demonstrated that Zeta Interactive doesn’t use an automated telephone dialing system required an element of a TCPA course action. To cure his case flaws, the plaintiff attempted to abuse discovery to identify other case theories and plaintiffs that could be joined to his claim. However, the court granted Johns clients movement to protect against those discovery attempts.

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After this powerful discovery movement and service of a movement to have his counsel fined for bringing a frivolous lawsuit and plaintiff, plaintiff voluntarily dismissed his claims with prejudice.

Plaintiffs concept was that proper reporting of those plaintiffs debt payments that are overdue should have been changed when the plaintiff contested. However, the plaintiffs’ disputes were baseless. On the day of mediation, Johns company served a motion to the plaintiff to dismiss based on lack of injury, citing the recent Supreme Court decision in Spokeo v.

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2d 635 (2016). John also threatened to possess prosecution for bringing a frivolous action fined. His claims were voluntarily dismissed by plaintiff without any payment by Johns client. Aeropioneers purchase of Virgin Australia’s air fleet. John signifies Aeropioneer, a company that manages a fleet of airplanes that delivers food and supplies around Africa to organizations and entities, such as United Nations peacekeepers in Somalia.

Sarah represents clients in technology-related and intellectual-property litigation. Before joining Newman Du Wors, she was a partner at Kirkland & Ellis where she represented clients in patent cases involving wireless telecommunications (cellular and Wi-Fi), database technologies, and cryptography. Her expertise includes litigating cases involving disputes, trade secrets, unfair competition, and trademarks.

Consider the following: Comfort Degree – Are you familiar telling the lawyer personal information Does the attorney look interested in resolving your issue Credentials – How long has the lawyer been in practice Has the attorney worked on different cases similar to yours Price – How are the attorney’s fees structured – hourly or flat fee Can the attorney estimate the cost of your circumstance City – Is the lawyer’s office conveniently located.