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Commercial lawsuits.

The following lawsuits involving local businesses have been filed in Chelan County Superior Court. Plaintiff is listed first. Readers are cautioned that claims in these actions have not been proven; they are alleged to be causes for actions and their truth will be determined at trial.

Alex Reyes v. Ali Moayeri, Lisa Moayeri and Harkey Construction and Development

Alex Reyes, owner of Stucco by Alex, was subcontracting on a project for Harkey Construction and Development, working on a house owned by Ali and Lisa Moayeri at 203 Sabio Way, Chelan.

During construction, Harkey enclosed a dangerous opening by fastening a board to the outside of a window. While working on the job, Reyes tripped, stumbled through the opening, pulling the board from the fastenings and fell 10 feet to the ground, sustaining substantial injuries from the fall.

In a lawsuit filed in Chelan County Superior Court on Dec. 23, 2015, Reyes claims Harkey and the Moayeris were negligent and is seeking damages from Harkey Construction and Development and the property owners for physical and emotional pain and suffering and disability and medical expenses and further relief as the court deems just and equitable.

Reyes is represented by Tyler D. Hotchkiss of Foreman, Appel Hotchkiss and Zimmerman PLLC.

A notice of appearance on behalf of Harkey was filed Jan; 5 by H. Lee Lewis of Jeffers, Danielson, Sonn and Aylward. On Jan. 13, a change of attorney for Harkey was noted, introducing Shane D. McFetridge of Lorber, Greenfield & Polito LLP, followed on Jan. 19 by a response denying allegations of negligence, stating the responsibility falls to Reyes of Stucco by Alex and/or the Moayeris. McFetridge cited, in part, a subcontractor agreement signed in 2012.

A notice of appearance on behalf of the Moayeris had not been filed.

Northwest Wholesale Inc. v. Alyse Barnes

Alyse Barnes, doing business as Barnes Orchard in Malaga, opened a credit account with Northwest Wholesale Inc. on Feb. 28, 2011, to purchase supplies for the 20-acre cherry orchard.

In a commercial lawsuit filed in Chelan County Superior Court on Dec. 28, 2015, Northwest Wholesale Inc. is seeking the unpaid balance on the account of $24,997.39 plus 18-percent interest, reasonable attorney fees and costs.

Northwest Wholesale is represented by attorney Thomas O'Connell.

A notice of appearance by the defendant had not been filed.

Lingel Holdings LLC, RIAN LLC and Richard L. Lingel v. ReadyCap Lending LLC

Lingel Holdings LLC and RIAN LLC obtained a $940,000 U.S. Small Business Administration guaranteed loan on June 27, 2005 through CIT Small Business Lending Corporation. Richard L. Lingel was the guarantor on the loan and used as collateral properties at 824 N. Emerson, 823, 827, 831 and 835 N. Miller St., Wenatchee. A deed of trust was executed to secure the property, dated Sept. 6, 2005.

On July 17, 2014, CIT assigned the loan to ReadyCap LLC. On July 15, 2015, ReadyCap issued a "notice of default" on the loan, seeking $136,398.68 to get the loan reinstated, which included $91,070.30 in monthly payments from Aug. 15, 2014, to June 15, 2015, along with late fees and a series of other charges.

On Oct. 1, Lingel Holdings and RIAN LLC sent a check for $81,661.09 and another for $1,891.05, in an attempt to get the loan reinstated. The checks were accompanied by a letter explaining the amount was based on payments due from August 2015 to September 2015, as well as some of the other fees and estimated costs.

On Oct. 8, ReadyCap returned the checks with a letter stating the amount was insufficient to reinstate the note and deed of trust, and said the amount to accomplish that was now $195,508.57. Lingel Holdings and RIAN questioned how how ReadyCap came up with that number and requested a detailed accounting of the charges in an Oct. 9 letter and then repeated on Oct. 16 after receiving no response.

A response that included incomplete and partially illegible information was received on Oct. 22.

Lingel and RIAN sent a letter to ReadyCap on Oct. 27 repeating the request for detailed and legible information, along with copies of all prior communication, followed by repeated requests Oct. 29 and Nov. 2.

A response from ReadyCap on Nov. 3 stated the documentation that had been provided was sufficient and nothing further would be coming, along with a request for the rents and income on the properties up for collateral, as well as a complete accounting of those monies back to August 2014. On Dec. 21, 2015, ReadyCap served notice of a trustees sale of the property set for March 25.

In a lawsuit filed against ReadyCap in Chelan County Superior Court on Dec. 31, Lingel Holdings LLC, RIAN LLC and Richard L. Lingel claim ReadyCap's failure to provide documentation to determine how much money would be required to reinstate the loan stalled the process. They are seeking to count payment of the two checks rejected by ReadyCap in October to be counted toward what is due and seek a restraining order on the sale of the property until the court can determine the exact amount due.

The plaintiffs are represented by J. Patrick Aylward and Sally White of Jeffers, Danielson, Sonn and Aylward PLLC. An amended complaint (removing Frances Lindell as a plaintiff) was filed Jan. 7. No response has been filed by the defendants.

Nicole Olson v. PACNW Wenatchee Drive In LLC

Nicole Olson's employment with Sonic Drive-In (owned by PACNW Wenatchee Drive In LLC) was terminated in April 2015, after she sought and received a protection order against the shift manager who had subjected her to what she claimed was inappropriate conduct, creating a hostile work environment. The protection order excluded the shift manager from her house, workplace or school and stated he could not come within 300 feet of where she was present.

In a lawsuit filed Jan. 4, 2016, she claims Sonic was aware of the inappropriate conduct and failed to take action to fix the problem and that her termination constitutes discrimination and retaliation. She is seeking economic losses, compensation for meal periods and rest periods that she did not receive during her shifts, attorney fees, court costs and other relief as the court deems just and equitable.

She is represented by attorney Stewart Smith of Lacy Kane in East Wenatchee.

No response by the defendants has been filed.
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Publication:Wenatchee Business Journal
Geographic Code:1U9WA
Date:Feb 1, 2016
Words:1071
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