1 2 3 4 5 6 7 8 9 10 11 12 Plaintiff alleges: 13 1. 14 At all material times, Defendant THCF was an Oregon not for profit corporation, 15 registered to do business in the State of Oregon. Defendant is an employer within the meaning 16 of ORS 652.310(1). 17 2. 18 At all material times, Plaintiff Andrew Hangerud was a resident of the State of Oregon 19 over the age of 18 years. At all material times the work performed by Plaintiff on behalf of 20 Defendant was performed primarily in the State of Oregon. 21 // 22 // 23
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IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF MULTNOMAH ANDREW HANGERUD, Plaintiff, v. THCF, an Oregon not for profit corporation. Defendant. ) ) ) ) ) ) ) ) ) ) Case No. 0906-08915 SECOND AMENDED COMPLAINT (Unpaid Wages; Breach of Contract; Quantum Meruit; Unjust Enrichment; Conversion) CLAIM SUBJECT TO MANDATORY ARBITRATION
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3. Plaintiff was employed by Defendant from September 2007 through May 25, 2009. 4. Between May 16, 2009 and May 25, 2009, Plaintiff worked more than 80 hours because it was “crunch time” in the garden. 5. Defendant locked Plaintiff out of the garden on May 26, 2009, discharging him. 6. Defendant, despite demand, has refused to pay Plaintiff for all wages owing at the time of his termination. Based on information and belief, Plaintiff alleges that he is owed not less than $1,733.33 in unpaid wages, less $562.16 paid on June 26, 2009. FIRST CLAIM (Unpaid Wages) 7. Plaintiff incorporates the allegations of paragraphs 1 through 6. 8. Pursuant to ORS 652.140, Defendant has willfully failed to pay all wages due to Plaintiff on Plaintiff’s termination from employment. In addition to the wages owing, Defendant is to be assessed a penalty in the amount of $4,999.99. 9. Plaintiff has been required to retain an attorney to collect the compensation owed to him. Pursuant to ORS 652.200(2), Plaintiff shall be awarded reasonable attorney fees.
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SECOND CLAIM (Breach of Contract—ORS 20.082) 10.
3 Plaintiff incorporates the allegations of paragraphs 1 through 6. 4 11. 5 Despite demand, Defendant has refused to reimburse Plaintiff for his wages. Based on 6 information and belief, Plaintiff alleges that he is owed not less than $1,733.33 unpaid wages, 7 less $562.16 paid on June 26, 2009. 8 12. 9 By failing to make all payments due, Defendant has breached the contract between 10 Defendant and Plaintiff. More than ten days before filing suit, Plaintiff caused a written demand 11 to be served on Defendant to pay the amount due. Defendant did not tender the amounts owing. 12 Plaintiff has performed all obligations under the contract. 13 13. 14 Plaintiff is entitled to his attorney fees under ORS 20.082. 15 16 17 18 19 20 21 22 23
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THIRD CLAIM (Quantum Meruit and Unjust Enrichment) 14. Plaintiff incorporates the allegations of paragraphs 1 through 6. 15. Plaintiff performed work requested by the Defendant, and for the benefit of Defendant. At all material times, Defendant was aware that such work was being performed, and of the benefits it received from such work.
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1 2 3 4 5 6 7 8 9 10 19. 11 Plaintiff incorporates the allegations of paragraphs 1-3. 12 20. 13 Beginning approximately January 2007, Plaintiff began teaching classes on Defendant’s behalf 14 once per week every Wednesday. Plaintiff and Defendant agreed that Plaintiff would be paid 15 one-third of all paid student admissions. 16 21. 17 Upon information and belief, Defendant has failed to pay Plaintiff all amounts to which he was 18 entitled, including but not limited to those proceeds from “pre-paid” student tuition payments, in 19 an amount to be determined after additional discovery. 20 22. 21 By failing to pay Plaintiff one-third of all of the student tuition payments, Defendant has 22 breached its contract. Plaintiff is entitled to these payments. 23
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16. Plaintiff has not been fully compensated or paid for performing such work. 17. It would be unjust for Defendant to retain the benefits conferred upon it by Plaintiff. 18. Plaintiff is entitled to the reasonable value of the benefits conferred upon Defendant, or $1733.33, less $562.16 paid on June 26, 2009. FOURTH CLAIM (Breach of Contract)
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23. Plaintiff performed all of his obligations under the contract. FIFTH CLAIM (Conversion) 24.
5 Plaintiff incorporates the allegations of 1-3 6 25. 7 While Plaintiff worked for Defendant, he brought personal personal property onto THCF’s 8 premises, which included among other property, approximately 25 balasts, 30 hoods, 3 air 9 filtration systems/ionizers, 9 inline fans, 15 bulbs, 8 timer controllers, Ryobi panel saw and drill 10 kit and charger, DeWalt tools, and other items of a combined value of not more than $10,000. 11 Plaintiff has demanded that these items be returned to him. Defendant has refused. 12 26. 13 Plaintiff has been deprived by Defendant of his right to use and access to his personal property 14 such that Defendant should be made to pay Plaintiff for their loss. 15 16 WHEREFORE, Plaintiff requests judgment in his favor and against Defendant as 17 follows: 18 On his FIRST CLAIM FOR RELIEF, for unpaid wages in an amount not less than 19 $1,733.33, together with a statutory penalty in the amount of $4,999.99, an award of pre20 judgment interest, and reasonable attorney fees and costs; 21 22 23
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On his SECOND CLAIM FOR RELIEF, for damages in the amount of not less than $1,733.33 unpaid wages, less $562.16, plus an award of pre-judgment interest, attorney fees, and costs; and, On his THIRD CLAIM FOR RELIEF, for damages in an amount of $1733.33, less $562.16 paid on June 26, 2009, plus prejudgment interest. On his FOURTH CLAIM FOR RELIEF, for damages in an amount to be proven at trial, plus prejudgment interest. On his FIFTH CLAIM FOR RELIEF, for damages in an amount not more than $10,000, plus prejudgment interest. DATED this 9th day of July, 2009.
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Lake Perriguey, OSB No. 98321 Of Attorneys for Plaintiff
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