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`Case 3:21-cv-05710-MLP Document 1 Filed 09/24/21 Page 1 of 17
`
`Bradley W. Andersen, WSBA# 20640
`bradley.andersen@landerholm.com
`LANDERHOLM, P.S.
`805 Broadway Street, Suite 1000
`Vancouver, WA 98660
`Telephone: (360) 816-2529
`Facsimile: (360) 816-2529
`
`UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF WASHINGTON AT TACOMA
`
`21-5710
`Case No.
`COMPLAINT FOR DAMAGES
`
`Wykanush Ventures, LLC, an Oregon
`limited liability company and TCAIXP LLC,
`d/b/a Eden, an Oregon limited liability
`company,
`
`Plaintiffs,
`
`v.
`Karstan Walker, a/k/a Karstan Yauchzee, a
`married person and Kristopher Walker, a/k/a
`Chris Walker, a married person, and their
`marital community and Ronald Yauchzee
`Defendants.
`
`The Plaintiffs, Wykanush Ventures, LLC and TCAIXP LLC allege:
`I.
`PARTIES
`Plaintiff Wykanush Ventures, LLC (“Wykanush”) is an Oregon limited
`1.1
`liability company with its principal place of business in Multnomah County, Oregon.
`Wykanush owns and operates a commercial cannabis grow facility in Multnomah
`County, Oregon.
`1.2 Wykanush was also the entity that contracted with the Defendant, Karstan
`Walker, aka Karstan Yauchzee (Walker) to provide accounting and other financial
`
`COMPLAINT FOR DAMAGES- 1
`WYKV01-000002 - 5565241v1- Complaint
`
`LANDERHOLM, P.S.
`805 Broadway Street, Suite 1000
`PO Box 1086
`Vancouver, WA 98660
`P: 360.696.3312 * F: 360.696.2122
`
`

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`Case 3:21-cv-05710-MLP Document 1 Filed 09/24/21 Page 2 of 17
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`management services for itself, the Plaintiff, TCAIXP and two other Oregon marijuana
`retail companies: Rose City USA, LLC (“Rose City”) an Oregon limited liability
`company, with its principal place of business in Multnomah County, Oregon and HAH
`Oregon, LLC (“HAH”) an Oregon limited liability company with its principal place of
`business in Marion County, Oregon.
`Plaintiff, TCAIXP LLC (“TCAIXP”) is an Oregon limited liability
`1.3
`company, with its principal place of business in Multnomah County Oregon. TCAIXP
`operates two retail marijuana business in Multnomah County, Oregon.
`The Defendant Karstan Walker, aka Karstan Yauchzee resides in Clark
`1.4
`County, Washington. Plaintiffs have information to believe she is married to Kristopher
`Walker, and that they own community property together, and that the acts complained of
`in the Complaint were on behalf of or benefited their marital community.
`Defendant Kristopher Walker resides in Clark County. Plaintiffs have
`1.5
`information to believe that he is married to Karstan Walker and that they own community
`property together and that the acts complained of in the Complaint were on behalf of or
`benefited their marital community.
`The Defendant Ronald Yauchzee is a resident of Weld County, Colorado.
`1.6
`He is Karstan Walker’s father.
`JURISDICTION/VENUE
`II.
`2.1 This court has subject matter jurisdiction under 28 U.S.C. § 1332 because
`there is complete diversity between the parties and the amount in controversy exceeds
`$75,000.
`2.2 Venue is also properly before this court under 28 U.S.C. § 1391 because
`at least one of the Defendants resides in Clark, County Washington, which is within the
`Western District of Washington.
`///
`
`
`
`COMPLAINT FOR DAMAGES- 2
`WYKV01-000002 - 5565241v1- Complaint
`
`LANDERHOLM, P.S.
`805 Broadway Street, Suite 1000
`PO Box 1086
`Vancouver, WA 98660
`P: 360.696.3312 * F: 360.696.2122
`
`

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`Case 3:21-cv-05710-MLP Document 1 Filed 09/24/21 Page 3 of 17
`
`III. RELEVANT FACTS AND ALLEGATIONS
`3.1 Wykanush contracted with Karstan Walker in 2019 to provide Wykanush,
`TCAIXP and the other above listed companies with bookkeeper and other financial
`management services. Walker was always an independent contractor and was therefore
`never paid as a W-2 employee. Wykanush paid Walker for her services. Walker therefore
`owed a contractual and fiduciary duty to the Plaintiffs and the other companies regarding
`the financial management and accounting of the Plaintiffs’ various businesses.
`3.2 Before being hired, Walker represented that she was an experienced,
`reliable, and qualified bookkeeper familiar with accounting principles, managing
`accounts and methodology and was proficient with QuickBooks and other accounting
`software.
`3.3 Under the agreement, Walker was responsible to maintain each of the
`Plaintiffs’ financial records through accounting software. She was also responsible to
`receive revenue and to pay bills, which included making rental, payroll, federal and state
`taxes, utility, vendor, supplier and other payments on the Plaintiffs’ behalf. She was also
`responsible to deposit and account for checks or cash that each of the Plaintiffs’ business
`received. Walker was also responsible to work with creditors and to provide reports and
`accounts to the Plaintiffs’ owners and managers, including Laszlo Bagi and Sophia Bagi.
`WYKANUSH THEFTS
`3.4 Wykanush leases a large warehouse and cannabis production facility from
`TKM Investment properties, LLC (TKM) for its cannabis grow operation in Multnomah
`County. TKM is managed by Dan Boverman of Boverman & Associates, LLC
`(“Boverman”) as TKM’s receiver.
`In February, 2020 Mr. Boverman notified Mr. Bagi that Wykanush’s rent
`3.5
`was several months in arrears and threatened to take eviction action. When questioned
`about the past due account, Walker represented to Mr. Bagi that there was a
`
`
`
`
`COMPLAINT FOR DAMAGES- 3
`WYKV01-000002 - 5565241v1- Complaint
`
`LANDERHOLM, P.S.
`805 Broadway Street, Suite 1000
`PO Box 1086
`Vancouver, WA 98660
`P: 360.696.3312 * F: 360.696.2122
`
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`Case 3:21-cv-05710-MLP Document 1 Filed 09/24/21 Page 4 of 17
`
`misunderstanding and that she would immediately take steps to address the concerns
`with the landlord.
`3.6 Mr. Bagi learned a few months later that Wykanush had fallen even further
`behind on its rent obligations and that Walker had presented Boverman with checks
`returned by Wykanush’s bank for insufficient funds. Besides failing to advise of these
`bad checks, Walker did not advise Mr. Bagi that Wykanush’s was behind on rents.
`3.7 Mr. Bagi also learned that Wykanush had fallen far behind on its utility
`payments to Portland General Electric (PGE) and that PGE was threatening to take
`action against Wykanush.
`3.8 Knowing Wykanush had generated sufficient revenue to pay the rent and
`utilities, Mr. Bagi again confronted Walker about the accounts. Walker claimed she had
`made the payments, that there was confusion and that the fault lied with Mr. Boverman
`and PGE.
`3.9 To substantiate her claim, Walker provided Ms. Bagi with records that
`she had falsified from QuickBooks to show that these accounts had been paid. Walker
`also created other false documents to try and convince Mr. Bagi that PGE and Mr.
`Boverman were wrong and that she had made the rent and utility payments, when in
`fact she had not. This included her providing Mr. Bagi:
`///
`///
`///
`///
`///
`///
`///
`///
`
`
`
`COMPLAINT FOR DAMAGES- 4
`WYKV01-000002 - 5565241v1- Complaint
`
`LANDERHOLM, P.S.
`805 Broadway Street, Suite 1000
`PO Box 1086
`Vancouver, WA 98660
`P: 360.696.3312 * F: 360.696.2122
`
`

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`Case 3:21-cv-05710-MLP Document 1 Filed 09/24/21 Page 5 of 17
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`1.
`
`2.
`
`3.
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`4.
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`5.
`
`Bank records showing payments but deceptively failing to disclose that
`these payments were for other purposes and were not paid toward rent or
`utilities;
`Forged or altered written communications purporting to come from
`Wykanush’s bank, MAPS Credit Union;
`An altered cashier’s check (Ck. No. 123045) from Wykanush’s bank,
`MAPS showing a $20,000 rent payment to TKM, when in fact the check
`had been issued to PGE;
`A fabricated or phony Domestic Wire Transfer Request to MAPS
`designed to mislead Mr. Bagi to believe that Walker had applied to wire
`money to the landlord; and
`Falsely entering or changing QuickBooks account or other records to
`falsely corroborate her claim that she had paid the landlord and PGE.
`
`3.10 After learning from PGE and Mr. Boverman that the utility and rent
`payments had not been paid, and that the records she provided were false, Mr. Bagi again
`confronted Walker. Walker suddenly quit with no further explanations.
`3.11 Upon further investigation, the Plaintiffs discovered the following:
`Missing and Stolen PGE payments ($94,945).
`3.12 Walker had arranged for Wykanush’s bank (MAPS) to issue a $20,000
`Cashier’s Check to PGE (check No. 123045) on February 21, 2020. PGE cashed and
`applied that check to Wykanush’s past due utility account.
`3.13 However, when she was later confronted about not paying rent, Walker
`altered a copy of the Cashier’s check issued to PGE to fraudulently change the listed
`“Payee” from “Portland General Electric” to “TKM.”. The Plaintiffs verified this fraud
`with MAPS which reported that the Cashier’s Check No. 123045 was indeed issued to
`PGE and not TKM, and that the instrument had been fraudulently altered to show TKM
`as a Payee.
`3.14 The Plaintiffs also discovered, after Walker walked-out, that despite what
`she had represented to Mr. Bagi through her QuickBooks entries and in other
`conversations, Walker had failed to make all of the utility payments owed to PGE. After
`
`
`
`
`COMPLAINT FOR DAMAGES- 5
`WYKV01-000002 - 5565241v1- Complaint
`
`LANDERHOLM, P.S.
`805 Broadway Street, Suite 1000
`PO Box 1086
`Vancouver, WA 98660
`P: 360.696.3312 * F: 360.696.2122
`
`

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`Case 3:21-cv-05710-MLP Document 1 Filed 09/24/21 Page 6 of 17
`
`comparing PGE’s accounting records to Walker’s reports, Wykanush discovered that
`Walker had over-reported the amounts paid to PGE. In particular, for the period between
`June 21, 2019 and February 23, 2020, the Plaintiffs discovered that Walker had reported
`making $94,945.50 more to PGE than was actually paid. Wykanush also confirmed that
`it had generated sufficient revenue to make the PGE payments and therefore this
`$94,945.50 can only be accounted for as stolen.
`3.15 The Plaintiffs therefore have sufficient information to believe that
`Walker intentionally, fraudulently and knowingly converted, stole or embezzled the
`missing $94,945.50 PGE utility payments.
`Missing Rent Payments ($146, 213.68)
`3.16 Wykanush also investigated the missing rent payments to the landlord by
`comparing the landlord’s records to the false accounting provided by Walker.
`3.17 Wykanush discovered at least a $146,213.68 discrepancy between what
`the landlord showed was paid and what Walker claimed she paid on Wykanush’s behalf.
`Wykanush also determined that it had generated sufficient revenue to pay these rents
`and therefore these monies are missing.
`3.18 The Plaintiffs therefore have sufficient information to believe that Walker
`intentionally, fraudulently and knowingly converted, stole, or embezzled the missing
`$146,213.68 rent payments.
`Other Embezzlement ($8,775.00 student loan and $2,500.00 dental payments)
`3.19 Walker also wrongfully used Wykanush’s debit card on February 20, 2020
`to pay for dental care provided to her father, the Defendant Ronald Yauchzee in the
`amount of $2,500, which payment was not authorized by the Plaintiffs.
`TCAIXP LLC THEFTS
`3.20 At all relevant times, the Plaintiff, TCAIXP LLC Oregon ran two
`marijuana retail stores in Portland under the name Eden.
`
`
`
`
`COMPLAINT FOR DAMAGES- 6
`WYKV01-000002 - 5565241v1- Complaint
`
`LANDERHOLM, P.S.
`805 Broadway Street, Suite 1000
`PO Box 1086
`Vancouver, WA 98660
`P: 360.696.3312 * F: 360.696.2122
`
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`Case 3:21-cv-05710-MLP Document 1 Filed 09/24/21 Page 7 of 17
`
`3.21 TCAIXP maintained a bank accounts at MAPS Credit Union.
`3.22 Sophia Bagi managed these two stores on the Plaintiffs’ behalf.
`3.23 Walker was responsible to manage TCAIXP by properly accounting for
`the revenue, paying the bills, and providing an accurate accounting for all payments
`received and paid by each of the stores. Walker was also responsible to make payments
`to vendors and other creditors through their MAPS bank accounts. Walker was also
`responsible to maintain QuickBooks and other spreadsheets to track monies received
`and paid, and to report to their manager, Sophia Bagi regarding the stores’ finances.
`3.24 Because of the nature of the cannabis business, all sales were in cash. This
`meant each of the three stores had to account for each day’s sales. The daily cash receipts
`would be placed into separate security bank deposit bags (bank bags) provided by MAPS
`Credit Union. Once placed in bank bags, the stores’ manager would insert a bank deposit
`slip consistent with the daily receipts in each bank bag for later deposit with MAPS.
`These bags would then be sealed and placed into the stores’ safe until they were delivered
`to the bank for deposit. This meant the daily receipts from each of the three stores would
`be deposited with the bank. MAPS would then count the cash in each bag to make sure
`they matched the deposit slip and would provide an accounting of the amounts deposited.
`3.25 Except on rare occasions, and only upon Ms. Bagi’s advanced approval,
`the stores would never use the cash generated by the stores to pay expenses. The
`expenses instead were paid through bank checks, cashier check, debit cards, or wires. In
`other words, all monies received by the stores would be deposited into the bank and
`accounted for accordingly.
`3.26 Walker was responsible to manage and properly account for the revenue
`from each of the stores. She was also responsible to pay and account for all of the
`accounts payable and to maintain TCAIXP’s QuickBooks to accurately reflect the
`
`
`
`
`COMPLAINT FOR DAMAGES- 7
`WYKV01-000002 - 5565241v1- Complaint
`
`LANDERHOLM, P.S.
`805 Broadway Street, Suite 1000
`PO Box 1086
`Vancouver, WA 98660
`P: 360.696.3312 * F: 360.696.2122
`
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`Case 3:21-cv-05710-MLP Document 1 Filed 09/24/21 Page 8 of 17
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`amounts received, deposited with the bank and paid out, and to provide an accounting
`for Ms. Bagi.
`3.27 When questions arose, Ms. Bagi would contact Walker about revenue and
`vendor payments, including discrepancies between the bank records and QuickBooks.
`Walker would regularly answer Ms. Bagi’s questions by providing false or misleading
`information, excuses, or other falsehoods, including false statements on how much
`money the stores had received, when the deposits were made, why they were not made,
`how much had been deposited and how much had been spent. Walker lied to Ms. Bagi
`to cover up her embezzlements.
`3.28 On September 24, 2020, Walker took deposit bags from one of the stores
`in the total amount of $14,160. Walker was required to immediately deposit this money
`with the bank. When the money came up missing, Ms. Bagi confronted Walker who
`falsely claimed that the bank was unable to accept the deposit because its “Microsoft
`365 was down.” After Walker quit, Ms. Bagi contacted the bank and learned that Walker
`had lied—that the bank did not even use Microsoft 365 for deposits. Ms. Bagi also
`confirmed that the monies were not deposited. Moreover, Ms. Bagi learned that Walker
`later changed the deposit slip showing different amounts in the bank deposit bags.
`3.29 The Plaintiffs also discovered after Walker quit that, on August 4, 2020,
`Walker had wrongfully used TCAIXP’s bank account to pay her student loan in the
`amount of $8,775 (“US Dept of Edu – DMCS2 800 872-5372 DC”).
`Other Fraudulent Acts
` Besides the above, Walker engaged in a pattern of other deceptive or
`3.30
`fraudulent acts designed to cover her embezzlements and to assist in defrauding the
`Plaintiffs and others. This includes the following:
` After quitting, Walker falsely told Ajabola Ibudini, a minority member of
`3.31
`Wykanush that she owned the computer she used to perform her work, and the
`
`
`
`
`COMPLAINT FOR DAMAGES- 8
`WYKV01-000002 - 5565241v1- Complaint
`
`LANDERHOLM, P.S.
`805 Broadway Street, Suite 1000
`PO Box 1086
`Vancouver, WA 98660
`P: 360.696.3312 * F: 360.696.2122
`
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`Case 3:21-cv-05710-MLP Document 1 Filed 09/24/21 Page 9 of 17
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`QuickBooks files contained on that computer, and asked Mr. Ibudini for assistance to
`retrieve this computer. This was not true—Wykanush paid for the computer and
`software. Plaintiffs believe Walker was attempting to take the computer to destroy or
`alter the evidence of her actions.
`3.32 After she quit, the Plaintiffs reviewed the books and accounts maintained
`by Walker and found that Walker had not properly or reasonable maintained the
`Plaintiffs’ financial records and that many entries were missing, inaccurate, mis-
`categorized, or falsified.
`3.33 Walker also created and presented several false QuickBooks or other
`spreadsheet reports to the Plaintiffs’ managers, Laszlo Bagi and Sophia Bagi, to conceal
`her embezzlements or to falsely convince them that vendors or other creditors were being
`paid, when they were not. This included rent, utility, gas, garbage, Airgas, and alarm
`company payments.
`3.34 Walker would also represent to the Bagis that certain revenues, such as
`monies received from high volume customers (e.g., Highly Distributed) were being used
`to pay creditors, when in fact they were not.
`3.35 Walker also falsified or altered records or communications from the bank
`that the Plaintiffs later discovered were false.
`3.36 Walker also lied about the timing of certain payments and would blame
`others or come up with excuses on why certain payments were not timely made or
`received.
`3.37 Walker also presented Mr. Bagi with a copy of an $84,000 Cashier’s
`Check from Bank of America that was to be used to pay for an Injunction Bond issue by
`the Clark County Superior Court, but later claimed that she had deposited the money
`into the wrong account. After Mr. Bagi paid the $84,000 from his personal checking
`
`
`
`
`COMPLAINT FOR DAMAGES- 9
`WYKV01-000002 - 5565241v1- Complaint
`
`LANDERHOLM, P.S.
`805 Broadway Street, Suite 1000
`PO Box 1086
`Vancouver, WA 98660
`P: 360.696.3312 * F: 360.696.2122
`
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`Case 3:21-cv-05710-MLP Document 1 Filed 09/24/21 Page 10 of 17
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`account, Walker caused Wykanush to issue a bad check (No. 9231) to Mr. Bagi for
`reimbursement.
`3.38 The Plaintiffs also discovered that Walker had not filed Plaintiffs’
`quarterly state or federal tax returns for 2019 and 2020, even though she had represented
`to the Bagis otherwise.
`3.39 The Plaintiffs also discovered that Walker had removed Mr. Bagi’s name
`from various accounts to prevent the Bagis him from receiving late notices or to learn
`the truth about the status of the vendor accounts, such as PGE. To conceal her
`embezzlement or failures, Walker also made sure to intercept incoming mail to prevent
`the Bagis from learning the truth about the status of the Plaintiffs’ accounts.
`It also appears Walker ceased recording cash deposits in QuickBooks in
`3.40
`2020 in order to conceal her thefts.
`3.41 Walker would also provide false excuses on why certain bills were not
`paid or even mislead the Bagis that she had paid certain bills, when in fact she had not.
`In 2020, the Walkers were attempting to purchase property in Clark
`3.42
`County Washington and were therefore attempting to qualify for a loan. It appears that
`Walker falsified a W-2 Wage and Tax Statement from Wykanush for the 2019 tax year.
`Besides falsely identifying herself as an employee of Wykanush instead of an
`independent contractor, Walker falsely listed her salary as $88,000, when she actually
`only received $47,000 in 2019.
`3.43 Walker also has a criminal history that includes convictions in Oregon,
`Washington and Idaho for crimes of dishonesty, including felonies, which Walker never
`disclosed.
`3.44 Walker represented to Mr. Bagi and Ms. Bagi that she was an experienced
`bookkeeper, familiar with accounting principles and methodology, and proficient with
`QuickBooks accounting software. She also represented that she was in the process of
`
`
`
`
`COMPLAINT FOR DAMAGES- 10
`WYKV01-000002 - 5565241v1- Complaint
`
`LANDERHOLM, P.S.
`805 Broadway Street, Suite 1000
`PO Box 1086
`Vancouver, WA 98660
`P: 360.696.3312 * F: 360.696.2122
`
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`Case 3:21-cv-05710-MLP Document 1 Filed 09/24/21 Page 11 of 17
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`obtaining a Washington Certified Public Accountant license, knowing this was not true
`and that her criminal history disqualified her from obtaining a license.
`3.45 Walker also failed to disclose her criminal record to the Oregon State
`Liquor and Cannabis Commission when she applied for her license to participate in the
`marijuana industry.
`3.46 Evidence also exists that while working for Wykanush, Walker was
`spending more than her legitimate earnings. This includes purchasing multiple vehicles
`and a boat for herself and her husband, purchasing a vehicle for her father and co-
`defendant Yauchzee, taking multiple and expensive vacations with her, sending her
`husband and co-Defendant on a baseball junket, purchasing a new home, paying off her
`student loan, buying new furniture, a bathroom remodel, purchasing a real estate option
`on Clark County property, and other expenditures that seemed to exceed her income.
`3.47 Besides the embezzled monies taken by Walker, the Plaintiffs have had to
`retain accountants to correct and reconcile the Plaintiffs’ financial records. Walker’s
`misconduct or omissions have also caused the Plaintiffs to suffer damages in the form
`of late fees and interest on accounts payable, failure to file penalties from the IRS and
`Oregon Department of Revenue, damaged reputation and bank overdraft and returned
`check fees.
`3.48 The Plaintiffs also discovered that Walker routinely emailed her father,
`Yauchzee copies of the companies’ financial records without the Plaintiffs’ knowledge
`or consent.
`
`IV. CAUSES OF ACTION
`FIRST CAUSE OF ACTION
`CONVERSION/EMBEZZELMENT/CONSPIRACY
`4.1 Plaintiffs incorporate the allegations set forth above as if fully set forth
`herein.
`///
`
`
`
`COMPLAINT FOR DAMAGES- 11
`WYKV01-000002 - 5565241v1- Complaint
`
`LANDERHOLM, P.S.
`805 Broadway Street, Suite 1000
`PO Box 1086
`Vancouver, WA 98660
`P: 360.696.3312 * F: 360.696.2122
`
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`Case 3:21-cv-05710-MLP Document 1 Filed 09/24/21 Page 12 of 17
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`4.2 Walker knowingly took monies belonging to Plaintiffs for her use, or that
`of family, including the co-defendants without the knowledge or consent of Plaintiffs. The
`Defendants received the benefit of these thefts. Based on her communicating confidential
`information with her father, it appears that Walker and Yauchzee were conspiring to
`convert the money or to conceal the conversions.
`4.3 Despite demand, Walker has not refunded or returned the monies she
`wrongfully took from Plaintiffs.
`4.4 The Defendants have permanently deprived Plaintiffs of these monies.
` As a result, the Plaintiffs have suffered damages in an amount to be
`4.5
`proven at trial but at least the following:
` Wykanush - $240,159.18
`4.5.1
`4.5.2
` TCAIXP - $24,000
`4.6 Because the Defendants’ actions are outrageous or because they acted
`with malice or acted with a conscious disregard of the Plaintiff’s welfare, the Plaintiffs
`reserve the right under ORS 31.725 to request punitive damages.
`
`
`SECOND CAUSE OF ACTION
`V.
`FRAUD/MISREPRESENTATION/CONSPIRACY
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`5.1 Plaintiff incorporates the allegations set forth above as if fully set forth
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`herein.
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`5.2 Through a pattern of deception, including forged or altered documents,
`Walker made numerous representations – as outlined above of existing facts – regarding
`the Plaintiffs’ financial accounts, receipts and payments.
`5.3 These representations were material and false.
`5.4 Walker knew her representations were false when made.
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`COMPLAINT FOR DAMAGES- 12
`WYKV01-000002 - 5565241v1- Complaint
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`LANDERHOLM, P.S.
`805 Broadway Street, Suite 1000
`PO Box 1086
`Vancouver, WA 98660
`P: 360.696.3312 * F: 360.696.2122
`
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`Case 3:21-cv-05710-MLP Document 1 Filed 09/24/21 Page 13 of 17
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`5.5 Walker intended that the Plaintiffs rely upon these false statements and
`representations.
`5.6 The Plaintiffs had a right to rely upon Walker’s statements and
`representations.
`5.7 The Plaintiffs reasonably relied upon these false statements and
`representations.
`5.8 There is also evidence that Walker conspired with Yauchzee to help cover
`up her thefts and that he benefitted from her embezzlement.
`5.9 As outlined above, the Plaintiffs suffered damages as a result of relying
`upon Walkers misrepresentation in an amount to be proven at trial and as described above.
`5.10 Because the Defendants actions are outrageous or because Walker acted
`with malice or acted with a conscious disregard of the Plaintiff’s welfare, the Plaintiffs
`reserve the right under ORS 31.725 to request punitive damages.
`
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`THIRD CAUSE OF ACTION
`VI.
` BREACH OF CONTRACT
`
`(Walker Only)
`Plaintiffs incorporate the allegations set forth above as if fully set
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`6.1
`forth herein.
`The Defendant entered into an agreement with the Plaintiffs to
`6.2
`provide accounting and other financial services for Plaintiffs, which included her
`managing revenue and expenditures, maintain accounting records and reporting to the
`Plaintiffs’ owners and managers.
`Plaintiffs fulfilled their obligation under the Agreement, or their
`6.3
`performance is excused.
`As detailed above, the Defendant breached the agreement by (1)
`6.4
`taking monies belonging to the Plaintiffs, (2) failing to properly account for monies
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`
`
`COMPLAINT FOR DAMAGES- 13
`WYKV01-000002 - 5565241v1- Complaint
`
`LANDERHOLM, P.S.
`805 Broadway Street, Suite 1000
`PO Box 1086
`Vancouver, WA 98660
`P: 360.696.3312 * F: 360.696.2122
`
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`Case 3:21-cv-05710-MLP Document 1 Filed 09/24/21 Page 14 of 17
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`received and paid, (3) failing to timely pay Plaintiffs’ vendors or creditors, (4) failing to
`provide honest and accurate reports to the Plaintiffs, and (5) failing to properly maintain
`the Plaintiffs’ books.
`The Defendant’s breaches of this agreement have caused the
`6.5
`Plaintiffs to suffer direct and consequential damages as detailed above, including but not
`limited to the missing monies, and the expense of having to correct or reconcile the
`Plaintiffs’ financial records.
`
`VII. FOURTH CAUSE OF ACTION
`BREACH OF FIDUCIARY DUTY
`
`(Walker Only)
`Plaintiff incorporates the allegations set forth above as if fully set
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`7.1
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`forth herein.
`
`As their hired bookkeeper, Walker was provided access to personal
`7.2
`and financial information belonging to the Plaintiffs, its members and managers.
`Walker owed the Plaintiffs a fiduciary duty to safeguard the
`7.3
`personal and financial information, keep it confidential, and not use it adversely against
`the Plaintiffs. She also had a duty to properly account for all of the Plaintiffs revenue and
`expenses and to convert information, money or property.
`In breach of her duty Walker routinely communicated with others,
`7.4
`including her father, about Wykanush’s financial records without Plaintiffs’ consent.
`As detailed above, the Plaintiffs have suffered damages in an
`7.5
`amount to be proven at trial.
`Because the Defendants actions are outrageous or because she
`7.6
`acted with malice or acted with a conscious disregard of the Plaintiff’s welfare, the
`Plaintiffs reserve the right under ORS 31.725 to request punitive damages.
`
`////
`
`
`
`COMPLAINT FOR DAMAGES- 14
`WYKV01-000002 - 5565241v1- Complaint
`
`LANDERHOLM, P.S.
`805 Broadway Street, Suite 1000
`PO Box 1086
`Vancouver, WA 98660
`P: 360.696.3312 * F: 360.696.2122
`
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`VIII. FIFTH CAUSE OF ACTION
`UNJUST ENRICHMENT/CONSTRUCTIVE TRUST
`
`Plaintiffs incorporate the allegations set forth above as if fully set
`
`8.1
`forth herein.
`Defendants received material benefits from Plaintiffs in the form
`8.2
`of converted monies, and/or real property, personal property, and services purchased with
`Plaintiffs’ monies.
`Defendants knowingly and willingly received the above described
`8.3
`material benefits and it would be unjust and contrary to equity to allow Defendants to
`retain the monies, real property, personal property, and services without compensating
`Plaintiffs.
`PLAINTIFFS REQUEST AND DEMAND THAT THEIR CLAIMS BE
`IX.
`SUBMITTED TO A JURY
`The Plaintiffs hereby request a jury trial.
`9.1
`PLAINTIFFS RESERVE THE RIGHT TO AMEND THE COMPLAINT
`10.1
`Plaintiffs’ investigation of the Defendant is continuing and as
`described above, they have reason to believe the Defendant misappropriated additional
`sums of money, including taking money from some of the other related companies
`described above. They therefore expect to amend this Complaint to add additional claims.
`PRAYER FOR RELIEF
`XI.
`Based upon the described allegations and claims, the Plaintiffs request the
`following relief:
`For a judgment against the Defendants and in favor of the Plaintiffs for
`1.
`direct and consequential damages.
`For an award of pre and post judgment interest at the maximum rate
`2.
`allowed by law against Defendants, and in favor of Plaintiffs.
`
`
`
`COMPLAINT FOR DAMAGES- 15
`WYKV01-000002 - 5565241v1- Complaint
`
`X.
`
`LANDERHOLM, P.S.
`805 Broadway Street, Suite 1000
`PO Box 1086
`Vancouver, WA 98660
`P: 360.696.3312 * F: 360.696.2122
`
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`Case 3:21-cv-05710-MLP Document 1 Filed 09/24/21 Page 16 of 17
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`For a Constructive Trust to be imposed on all property, including any real
`3.
`property, vehicles or boats.
`An award against Defendants, and for Plaintiff, Wykanush Ventures, LLC
`4.
`for its statutory attorney fees and costs incurred in bringing this action.
`All other relief available in equity or law.
`5.
`6.
`Plaintiff respectfully request trial by jury on all claims and issues so
`triable.
`Plaintiffs also reserve their right under ORS 31.725 to recover punitive
`7.
`damages under Oregon law.
`DATED this 24th day of September, 2021.
`
`LANDERHOLM, P.S.
`
`/s/ Bradley W. Andersen
`BRADLEY W. ANDERSEN, WSBA #20640
`Attorneys for Plaintiff
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`COMPLAINT FOR DAMAGES- 16
`WYKV01-000002 - 5565241v1- Complaint
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`LANDERHOLM, P.S.
`805 Broadway Street, Suite 1000
`PO Box 1086
`Vancouver, WA 98660
`P: 360.696.3312 * F: 360.696.2122
`
`

`

`Case 3:21-cv-05710-MLP Document 1 Filed 09/24/21 Page 17 of 17
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`PLAINTIFFS' VERIFICATION
`
`The Plaintiffs, by and through their managing members, hereby swear and erify that
`they have reviewed the Complaint and either have personal knowledge or ha e good
`reason, though information or documentation, to believe the allegations are t e and that
`this Complaint is· being filed in good faith.
`
`Wykanush Ventures, LLC
`
`TCAIXP LLC, d/b/a E en
`
`Laszlo Bagi
`Managing Member
`L
`Dated:
`____ _ ..._-;-,----=+-..;;...;
`
`COMPLAINT FOR DAMAGES- 11
`WYKV0l-000002 - 5565241v I- Complaint
`
`, P.S.
`LANDERHOL
`805 Broadway Str et, Suite 1000
`PO Box 1086
`Vancouver, WA 9 660
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