23-2-03454-34
SUMMONS
IN THE SUPERIOR COURT OF WASHINGTON
FOR THURSTON COUNTY
THURSTON COUNTY and THURSTON COUNTY SHERIFF, Plaintiffs,
vs.
REAL PROPERTY KNOWN AS
8961 GRAVELLY LAKE DR SW,
LAKEWOOD, PIERCE COUNTY,
WASHINGTON, AND ALL
APPURTENANCES THEREON,
Defendant,
HIEU T. HUYNH,
Defendant.
TO: HIEU T. HUYNH, Defendant
A lawsuit has been started against you in the above-entitled court by Thurston County, Plaintiffs. Plaintiffs’ claim is stated in the written complaint, a copy of which is served upon you with this Summons.
You are hereby summoned to appear within 60 days after the date of the first publication of this summons in the Tacoma Daily Index, to wit, within 60 days after the 15th day of December 2023, and defend the above entitled action in the above entitled court, and answer the complaint of the Plaintiffs and serve a copy of your answer upon the undersigned attorneys for Plaintiffs, at their office below stated; and in case of your failure so to do, judgment will be rendered against you according to the demand of the complaint, which has been filed with the clerk of said court. Plaintiffs request a judgment/order for damages as alleged in the complaint in no event less than $100,028.80. Attachment of the real property located at 8961 Gravelly Lake Drive SW, Lakewood, Pierce County, Washington, by way of judgment and lien to secure payment of the monies owed via the contract/settlement agreement and addendum thereto.
If you wish to seek the advice of an attorney in this matter, you should do so promptly so that your written response, if any, may be served on time.
This Summons is issued pursuant to Rule 4 of the Superior Court Civil Rules of the State of
Washington.
DATED this 11 day of December 2023.
JON TUNHEIM
PROSECUTING ATTORNEY
/s/ DONALD “RICK” PETERS JR.,
WSBA #23642
Senior Deputy Prosecuting
Attorney
Attorney for Thurston County Sheriff
23-2-03454-34
COMPLAINT FOR BREACH OF CONTRACT AND MONIES DUE AND PETITION FOR WRIT OF
ATTACHMENT
IN THE SUPERIOR COURT OF
WASHINGTON
FOR THURSTON COUNTY
THURSTON COUNTY and THURSTON COUNTY SHERIFF, Plaintiff(s), vs. REAL PROPERTY KNOWN AS 8961 GRAVELLY LAKE DR SW, LAKEWOOD, PIERCE COUNTY, WASHINGTON, AND ALL APPURTENANCES
THEREON, Defendant, HIEU T. HUYNH, Defendant.
COMES NOW, Plaintiffs Thurston County/Thurston County Sheriff, by and through Thurston County Senior Deputy Prosecuting Attorney Donald R. “Rick” Peters, Jr. for cause of action against the defendant and asserts the following in support of their claim:
I. PARTIES
1.1 Plaintiffs. Plaintiff Thurston County is a municipal corporation located within Thurston County and the Thurston County Sheriff is the Chief Law Enforcement Officer of Thurston County.
1.2 Defendant. Defendant Hieu Huynh agreed to and signed the bargained-for settlement agreement and amendment thereto that are the subject of this Complaint in Thurston County and the property that is the subject of the settlement agreement is located in Thurston County.
1.3 Real property known as 8961 Gravelly Lake Drive SW, Lakewood, Pierce County, Washington, and all appurtenances thereon, is listed as Defendant herein as this property is this listed residence of Hieu Huynh and is required as a surety in order to secure payment of monies owed as described in this Complaint.
II. VENUE AND JURISDICTION
2.1 This Court has jurisdiction under RCW 2.08.010. Venue and jurisdiction are properly in Thurston County as the acts which have taken place occurred within Thurston County, Washington, and the property that was subject of the contract/settlement agreement is located in Thurston County, Washington.
III. FACTUAL ALLEGATIONS
3.1 Hieu Huynh was the subject of a criminal prosecution related to violations of RCW 69.50. As a result of those violations, the Thurston County Sheriff, via the Thurston County Narcotics Task Force, filed a Complaint seeking the seizure of Defendant Huynh’s home located at 6141 Lemon Road NE, Olympia, Washington 98506. A lis pendens was also filed with the Thurston County Auditor reflecting Thurston County legal interest in said property.
3.2 As a result of that notice of seizure, Defendant Huynh, represented by legal counsel, entered into a settlement agreement attached as Exhibit “A” to this Complaint. The settlement agreement, entered on December 19, 2022, resulted in Defendant Huynh agreeing to sell the subject property with the Thurston County Narcotics Task Force receiving a minimum of $250,000 out of the proceeds of that sale.
3.3 At the conclusion of the sale, on or about June 20, 2023, Defendant Huynh met with Task Force Detective Tyson Shenkel and provided a partial payment of $150,000 towards resolution of the settlement agreement. Defendant Huynh read, signed, and was provided a copy of an addendum to the December 2022 settlement agreement indicating a remaining balance of $100,028.80 due under the December 2022 Agreement. This addendum is attached to this Complaint as Exhibit “B”.
3.4 On June 21, 2023, Narcotics Task Force Lieutenant Tim Rudloff held a telephone conversation with Defendant Huynh for the purpose of ensuring that he fully understood the terms of the settlement addendum content. Defendant Huynh confirmed he understood the contents of the addendum and every requirement within it.
3.5 Between July 2 – August 28, Lt. Rudloff made weekly attempts to call, text and/or facetime Defendant Huynh’s phone to express the urgency for him to contact TNT regarding his failure to comply with the deadlines in the Addendum without success.
3.6 On August 29, 2023, Sgt. Malcolm McIver and Detective Jordan Goss of the Narcotics Task Force attempted to contact Defendant Huynh by visiting his residence at 8961 Gravelly Lake Dr. SW Lakewood, Pierce County, WA. 98499. Mr. Huynh was not found at the residence, and it did not appear that he was currently residing there. A note was left at the residence for Defendant Huynh to contact the Task Force at his earliest convenience. All further attempts to contact Defendant Huynh have been futile. The entire $100,028.80 balance remains unpaid.
3.7 The property described above located at 8961 Gravelly Lake Drive SW, Lakewood, Pierce County, Washington, is listed as the primary residence of Hieu Huynh. The property is currently vacant and listed as “for sale” by the owner, Defendant Huynh. If the County prevails in this action, it will be necessary to attach that real property to this action as a surety against the monies owed to Thurston County, and the Thurston County Sheriff via the Narcotics Task Force pursuant to the contract/settlement agreement and addendum thereto.
IV. CAUSE OF ACTION
4.1 Plaintiffs incorporate by reference paragraphs 1.1 through 3.7 of their complaint as if fully stated herein verbatim.
4.2 The parties entered into a contract/settlement agreement for which Defendant Hieu Huynh agreed to pay Plaintiffs at least $250,000 from the proceeds of the sale of the house located on Lemon Road, Thurston County as described in Attachment “A”.
4.3 Each party signed the contract/settlement agreement, free from any outside incentives or duress. Defendant Huynh was represented by legal counsel during the entirety of the negotiations up to the signing of the settlement agreement.
4.4 Hieu Huynh has breached the terms of the contract/settlement agreement and addendum thereto for any and all of the following reasons:
i) Failing to pay the balance of $100,028.80 as required.
ii) By failing to submit a debt payment list as required by the deadline in the addendum.
iii) By failing to inform TNT of his change of address.
4.5 Plaintiffs are economically damaged as a result of Defendant Huynh’s failure to comply with the terms of the contract/settlement agreement and addendum. The full extent of Defendants’ breach will be confirmed through the discovery process in amounts to be proven at trial.
4.6 The breaches of the contract described in 4.4 of the Complaint are material to the contract.
4.7 As a result of the actions of Defendant Huynh, Plaintiffs have incurred harm and damages in an amount to be proven at trial but not less than $100,028.80.
4.8 Plaintiffs are entitled to expenses of litigation and attorney fees from Defendant for their breach bringing about the necessity of this lawsuit. Attachment of the currently listed property via a lis pendens is required to secure an interest in the monies currently owed to Plaintiffs.
V. PRAYER FOR RELIEF
WHEREFORE, having alleged their causes of action, Plaintiffs pray for the following relief:
a. Judgement/Order for damages as alleged herein and as will be proven at trial but in no event less than $100,028.80.
b. Judgement/Order awarding Plaintiffs their reasonable attorney fees.
c. Such other and further relief as the court deems just and equitable.
d. Attachment of the real property located at 8961 Gravelly Lake Drive SW, Lakewood, Pierce County, Washington, by way of judgment and lien to secure payment of the monies owed via the contract/settlement agreement and addendum thereto.
VI. PETITION
In the event Plaintiffs prevail in this suit for breach, Plaintiffs hereby Petition this Court for a Writ of Attachment for the following real property situated in Pierce County, Washington at 8961 Gravelly LK DR SW, Lakewood, Pierce County Assessor’s Office parcel number 0220354042, as:
Section 35 Township 20 Range 02 Quarter 42: COM AT SW COR OF NW OF SE TH N 00 DEG 11 MIN 45 SEC E 5 FT TH S 89 DEG 49 MIN E 200.62 FT TH N 63 DEG 20 MIN 10 SEC E 95 FT TO POB TH N 26 DEG 39 MIN 50 SEC W 150 FT TO SELY LI OF GRAVELLY LK DR TH N 63 DEG 20 MIN 10 SEC E ALG SD SELY LI 80 FT TH S 26 DEG 39 MIN 50 SEC E 150 FT TH S 63 DEG 20 MIN 10 SEC W 80 FT TO POB
Pursuant to RCW 6.25 and the facts contained herein. It is necessary to attach this real property to any judgment obtained herein to assure that Plaintiffs have a redress against the debt. Defendant’s whereabouts are currently unknown, and the property described above is the only tangible item of value the Plaintiffs have knowledge of.
DATED this 20 day of October 2023.
JON TUNHEIM
PROSECUTING ATTORNEY
/s/ DONALD “RICK” PETERS JR.,
WSBA #23642
Senior Deputy Prosecuting Attorney
Attorney for Thurston County Sheriff
IDX988837
December 15, 22, 29, 2023, January 5, 12, 19, 2024
