Hangerud v. Paul Standford Hemp and Cannabis Foundation

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4                         IN THE CIRCUIT COURT OF THE STATE OF OREGON

5                                   FOR THE COUNTY OF MULTNOMAH

6      ANDREW HANGERUD,                                )
                                                       )      Case No. 0906-08915
7                             Plaintiff,               )
                                                       )      FIRST AMENDED COMPLAINT
8             v.                                       )      (Unpaid Wages; Breach of Contract;
                                                       )      Quantum Meruit; Unjust Enrichment;
9      THE HEMP AND CANNABIS                           )      Conversion)
       FOUNDATION, an Oregon not for profit            )
10     corporation.                                    )      CLAIM SUBJECT TO
                                                       )      MANDATORY ARBITRATION
11                            Defendant.

12
              Plaintiff alleges:
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                                                       1.
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              At all material times, THE HEMP AND CANNABIS FOUNDATION (hereinafter
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       referred to as “THC”) was an Oregon not for profit corporation, registered to do business in the
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       State of Oregon. Defendant is an employer within the meaning of ORS 652.310(1).
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                                                       2.
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              At all material times, Plaintiff Andrew Hangerud was a resident of the State of Oregon
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       over the age of 18 years. At all material times the work performed by Plaintiff on behalf of
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       Defendant was performed primarily in the State of Oregon.
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       //
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       //
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                                                                                    Oregon Cracker Building
                                                                  LAW WORKS         618 NW GLISAN STREET, SUITE 203
Page 1 - COMPLAINT                                                      LLC         PORTLAND, OR 97209
                                                                                    TELEPHONE (503) 227-1928
                                                                                    FACSIMILE (503) 334-2340
                                                                                    lake@law-works.com
1                                                       3.

2             Plaintiff was employed by Defendant from September 2007 through May 25, 2009.

3                                                       4.

4             Between May 16, 2009 and May 25, 2009, Defendant worked more than 80 hours

5      because it was “crunch time” in the garden.

6                                                       5.

7             Defendant locked Plaintiff out of the garden on May 26, 2009, discharging him.

8                                                       6.

9             Defendant, despite demand, has refused to pay Plaintiff for all wages owing at the time of

10     his termination. Based on information and belief, Plaintiff alleges that he is owed not less than

11     $1,733.33 in unpaid wages, less $562.16 paid on June 26, 2009.

12                                             FIRST CLAIM
                                               (Unpaid Wages)
13                                                   7.

14            Plaintiff incorporates the allegations of paragraphs 1 through 6.

15                                                      8.

16            Pursuant to ORS 652.140, Defendant has willfully failed to pay all wages due to Plaintiff

17     on Plaintiff’s termination from employment. In addition to the wages owing, Defendant is to be

18     assessed a penalty in the amount of $4,999.99.

19                                                      9.

20            Plaintiff has been required to retain an attorney to collect the compensation owed to him.

21     Pursuant to ORS 652.200(2), Plaintiff shall be awarded reasonable attorney fees.

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                                                                                     Oregon Cracker Building
                                                                  LAW WORKS          618 NW GLISAN STREET, SUITE 203
Page 2 - COMPLAINT                                                      LLC          PORTLAND, OR 97209
                                                                                     TELEPHONE (503) 227-1928
                                                                                     FACSIMILE (503) 334-2340
                                                                                     lake@law-works.com
1                                            SECOND CLAIM
                                     (Breach of Contract—ORS 20.082)
2
                                                       10.
3
              Plaintiff incorporates the allegations of paragraphs 1 through 6.
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                                                       11.
5
              Despite demand, Defendant has refused to reimburse Plaintiff for his wages. Based on
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       information and belief, Plaintiff alleges that he is owed not less than $1,733.33 unpaid wages,
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       less $562.16 paid on June 26, 2009.
8
                                                       12.
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              By failing to make all payments due, Defendant has breached the contract between
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       Defendant and Plaintiff. More than ten days before filing suit, Plaintiff caused a written demand
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       to be served on Defendant to pay the amount due. Defendant did not tender the amounts owing.
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       Plaintiff has performed all obligations under the contract.
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                                                       13.
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                      Plaintiff is entitled to his attorney fees under ORS 20.082.
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                                           THIRD CLAIM
16                               (Quantum Meruit and Unjust Enrichment)

17                                                     14.

18            Plaintiff incorporates the allegations of paragraphs 1 through 6.

19                                                     15.

20            Plaintiff performed work requested by the Defendant, and for the benefit of Defendant.

21     At all material times, Defendant was aware that such work was being performed, and of the

22     benefits it received from such work.

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                                                                                     Oregon Cracker Building
                                                                     LAW WORKS       618 NW GLISAN STREET, SUITE 203
Page 3 - COMPLAINT                                                         LLC       PORTLAND, OR 97209
                                                                                     TELEPHONE (503) 227-1928
                                                                                     FACSIMILE (503) 334-2340
                                                                                     lake@law-works.com
1

2                                                       16.

3             Plaintiff has not been fully compensated or paid for performing such work.

4                                                       17.

5             It would be unjust for Defendant to retain the benefits conferred upon it by Plaintiff.

6                                                       18.

7             Plaintiff is entitled to the reasonable value of the benefits conferred upon Defendant, or

8      $1733.33, less $562.16 paid on June 26, 2009.

9                                              FOURTH CLAIM
                                               (Breach of Contract)
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                                                        19.
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              Plaintiff incorporates the allegations of paragraphs 1-3.
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                                                        20.
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       Beginning approximately January 2007, Plaintiff began teaching classes on Plaintiff’s behalf
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       once per week every Wednesday. Plaintiff and Defendant agreed that Plaintiff would be paid
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       one-third of all paid student admissions.
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                                                        21.
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       Upon information and belief, Defendant has failed to pay Plaintiff all amounts to which he was
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       entitled, including but not limited to those proceeds from “pre-paid” student tuition payments, in
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       an amount to be determined after additional discovery.
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                                                        22.
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       By failing to pay Plaintiff one-third of all of the student tuition payments, Defendant has
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       breached its contract. Plaintiff is entitled to these payments.
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                                                                                      Oregon Cracker Building
                                                                    LAW WORKS         618 NW GLISAN STREET, SUITE 203
Page 4 - COMPLAINT                                                        LLC         PORTLAND, OR 97209
                                                                                      TELEPHONE (503) 227-1928
                                                                                      FACSIMILE (503) 334-2340
                                                                                      lake@law-works.com
1                                                      23.

2             Plaintiff performed all of his obligations under the contract.

3                                               FIFTH CLAIM
                                                 (Conversion)
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                                                       24.
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                                   Plaintiff incorporates the allegations of 1-3
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                                                       25.
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       While Plaintiff worked at THC, he brought personal personal property onto THC’s premises,
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       which included among other property, approximately 25 balasts, 30 hoods, 3 air filtration
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       systems/ionizers, 9 inline fans, 15 bulbs, 8 timer controllers, Ryobi panel saw and drill kit and
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       charger, DeWalt tools, and other items of a combined value of not more than $10,000.
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       Plaintiff has demanded that these items be returned to him.
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       Defendant has refused.
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                                                       26.
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       Plaintiff has been deprived by Defendant of his right to use and access to his personal property
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       such that Defendant should be made to pay Plaintiff for their loss.
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              WHEREFORE, Plaintiff requests judgment in his favor and against Defendant as
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       follows:
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              On his FIRST CLAIM FOR RELIEF, for unpaid wages in an amount not less than
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       $1,733.33, together with a statutory penalty in the amount of $4,999.99, an award of pre-
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       judgment interest, and reasonable attorney fees and costs;
22

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                                                                                      Oregon Cracker Building
                                                                    LAW WORKS         618 NW GLISAN STREET, SUITE 203
Page 5 - COMPLAINT                                                        LLC         PORTLAND, OR 97209
                                                                                      TELEPHONE (503) 227-1928
                                                                                      FACSIMILE (503) 334-2340
                                                                                      lake@law-works.com
1             On his SECOND CLAIM FOR RELIEF, for damages in the amount of not less than

2      $1,733.33 unpaid wages, less $562.16, plus an award of pre-judgment interest, attorney fees, and

3      costs; and,

4             On his THIRD CLAIM FOR RELIEF, for damages in an amount of $1733.33, less

5      $562.16 paid on June 26, 2009, plus prejudgment interest.

6             On his FOURTH CLAIM FOR RELIEF, for damages in an amount to be proven at trial,

7      plus prejudgment interest.

8             On his FIFTH CLAIM FOR RELIEF, for damages in an amount not more than $10,000,

9      plus prejudgment interest.

10            DATED this 30th day of June, 2009.

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12                                               LAW WORKS, LLC

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                                                 Lake Perriguey, OSB No. 98321
16                                               Of Attorneys for Plaintiff

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                                                                                   Oregon Cracker Building
                                                                   LAW WORKS       618 NW GLISAN STREET, SUITE 203
Page 6 - COMPLAINT                                                       LLC       PORTLAND, OR 97209
                                                                                   TELEPHONE (503) 227-1928
                                                                                   FACSIMILE (503) 334-2340
                                                                                   lake@law-works.com

				
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Description: Paul Stanford and the Hemp and Cannabis Foundation of Portland Oregon sued for defamation and for failure to pay wages. Case settles. THCF and Paul Stanford agree to keep plaintiff on THCF health insurance for four years. Paul Stanford/THCF breaches contract, leaving Plaintiff without health care.