9/21/2018 4:08 PM 18CV42523 IN THE CIRCUIT COURT FOR THE STATE OF OREGON FOR MULTNOMAH COUNTY. Case No.

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1 // :0 PM CV 1 IN THE CIRCUIT COURT FOR THE STATE OF OREGON FOR MULTNOMAH COUNTY 1 SHANA MAURER, individually and on behalf of other tenants, vs. Plaintiff, SYLVAN HIGHLANDS LLC, Defendant. 1. Case No. CLASS ACTION COMPLAINT Negligence and Intentional Infliction of Emotional Harm Not Subject to Mandatory Arbitration Filing Fee Authority: ORS.(1) INTRODUCTION Shana Maurer files this class action on her own behalf, and on behalf of all other residents ( tenants ) of the Commons at Sylvan Highlands apartments against their landlord, Sylvan Highlands LLC ( Sylvan Highlands ). In June during a renovation project, Sylvan Highlands discovered that its luxury apartments had recently tested hot for potentially harmful asbestos. Rather than do the right thing, Sylvan Highlands failed to properly remediate the asbestos, and failed to timely notify tenants of the asbestos, intentionally subjecting the tenants to foreseeable economic losses and emotional harm. CLASS ACTION COMPLAINT Page 1 of

2 1. JURISDICTION AND THE PARTIES This Court has jurisdiction over this case because the tenants claims arise under Oregon law. Plaintiff is a natural person and citizen of Oregon. Defendant is a limited liability company and a citizen of Oregon with its principal place of business in Oregon and conducted regular and sustained business in Multnomah County, Oregon and its registered agent is located in Multnomah County, Oregon.. FACTUAL ALLEGATIONS This complaint s allegations are based on personal knowledge as to the tenants own behavior and made upon information and belief as to the behavior of others. Sylvan Highlands is a multimillion-dollar company that owns the Commons at Sylvan Highlands, a large luxury apartment community in the West Hills of Portland. At all times, Sylvan Highlands was the tenants landlord. In June during a renovation project, Sylvan Highlands discovered that its luxury apartments had recently tested hot for potentially harmful asbestos.. Asbestos is known to cause malignant diseases such as lung cancer, pleural mesothelioma and peritoneal mesothelioma. Asbestos is particularly dangerous because microscopic fibers cannot be seen, smelled or tasted, leading to unknowing exposure. CLASS ACTION COMPLAINT Page of

3 1. Rather than do the right thing upon discovering that its apartments contained potentially harmful asbestos, Sylvan Highlands orchestrated a massive coverup to keep the asbestos a secret from its tenants and the government. Sylvan Highlands s intentional coverup of the asbestos discovery, and its failure to timely notify its tenants and the government of the asbestos, and its failure to properly remediate the asbestos, and its choice to remove material it knew contained hot asbestos through common areas and hallways intentionally inflicted foreseeable economic losses and emotional harm on its tenants.. In Ms. Maurer was a tenant at Sylvan Highlands. She was also employed by Sylvan Highlands s property management company. Sylvan Highlands never told Ms. Maurer about its asbestos discovery. Ms. Maurer lived in the old apartment building that contained the asbestos, and the material containing asbestos was transported in the hallway to her apartment unit. On or around August,, Ms. Maurer eventually learned of the asbestos discovery from a former co-worker. As a result, Ms. Maurer left her job and her apartment, ultimately moving out on September,, incurring moving expenses and experiencing severe ongoing stress, anxiety, fear and other emotional harm she otherwise would not have incurred or experienced had Sylvan Highlands not tried to coverup the asbestos discovery. CLASS ACTION COMPLAINT Page of

4 1. CAUSES OF ACTION Claim One Negligence Sylvan Highlands breached its legal duties to its tenants under state and federal law and the implied duty of good faith and fair dealings, causing them foreseeable economic losses and emotional harm as alleged in this complaint. Sylvan Highlands was negligent in its behavior as alleged in this complaint, and Sylvan Highlands s negligence infringed on its tenants legal protections. The tenants rights to live in a safe, compliant apartment community are of public importance, and the tenants protected interests under the law are of sufficient importance to merit protection from the emotional harm caused by Sylvan Highlands s negligence. Sylvan Highlands s negligence as alleged in this complaint created various foreseeable and unreasonable risks of economic loss and emotional harm to its tenants, which also violated state and federal laws and regulations (see, e.g., ORS. Unlawful disposal, storage or treatment of hazardous waste in the first degree; ORS. Unlawful disposal, storage or treatment of hazardous waste in the second degree; Department of Environmental Quality regulations, et seq., C.F.R.. Asbestos, et seq.), constituting negligence per se. As a result of Sylvan Highlands s negligence, tenants are entitled to fair compensation for their economic losses and emotional harm in amounts to be determined by the jury. Tenants are also entitled to a court order requiring Sylvan Highlands to cease CLASS ACTION COMPLAINT Page of

5 engaging in the behavior alleged in this complaint, immediately comply with all state and federal laws and asbestos notification requirements, identify all potential class members, and preserve internal documents and communications that evidence or pertain to the discovery of asbestos at the Commons at Sylvan Highlands apartments. 1 CLASS ACTION COMPLAINT Page of

6 1. Claim Two Intentional Infliction of Emotional Harm Sylvan Highlands s intentional behavior as alleged in this complaint was in pursuit of profit, and constituted an extraordinary transgression of the bounds of socially tolerable conduct. Severe emotional harm was certain or substantially certain to result from Sylvan Highlands s behavior, when and if its tenants found out about its illegal scheme to coverup the asbestos discovery. Sylvan Highlands s intentional, outrageous and extreme behavior caused its tenants severe ongoing emotional harm as alleged in this complaint. Sylvan Highlands s special relationship with its tenants as their landlord made the tenants even more vulnerable and made Sylvan Highlands s behavior even more outrageous. Due to the extreme and outrageous nature of Sylvan Highlands s behavior, its intentional nature in seeking to coverup and hide potentially harmful asbestos, the special landlord-tenant relationship involved, and the disparity in bargaining power and knowledge between the parties, tenants are entitled to fair compensation for their severe ongoing emotional harm in amounts to be decided by the jury. Tenants are also entitled to a court order requiring Sylvan Highlands to cease engaging in the behavior alleged in this complaint, immediately comply with all state and federal laws and asbestos notification requirements, identify all potential class members, and preserve internal documents and communications that evidence or pertain to the discovery of asbestos at the Commons at Sylvan Highlands apartments. CLASS ACTION COMPLAINT Page of

7 1. Excluded from this class action are any individuals who suffered any physical injuries including cancer or mesothelioma caused by Sylvan Highlands s behavior as alleged in this complaint. Tenants reserve the right and intend to amend this complaint to include a claim for actual damages and punitive damages.. PRAYER FOR RELIEF A. Injunctive and equitable relief as described in the paragraphs and, B. An order certifying this matter as a class action, C. Reimbursement of costs, and D. Other relief the Court may deem necessary. REQUEST FOR JURY TRIAL Tenants respectfully request a trial by a jury of their peers. September, (additional counsel on next page) RESPECTFULLY FILED, /s/ Michael Fuller Michael Fuller, OSB No. 0 Lead Trial Attorney for Tenants OlsenDaines US Bancorp Tower 1 SW th Ave., Suite 0 Portland, Oregon michael@underdoglawyer.com Direct CLASS ACTION COMPLAINT Page of

8 1 Kevin Mehrens, OSB No. 0 Kelly Jones, OSB No. 0 Of Attorneys for Tenants Of Attorneys for Tenants Law Office of Kevin A Mehrens The Law Office of Kelly Jones kevin@mehrenslaw.com kellydonovanjones@gmail.com Christina Stephenson, OSB No. Alina Salo, OSB No. Of Attorneys for Tenants Of Attorneys for Tenants Meyer Stephenson Meyer Stephenson christina@oregonworkplacelaw.com alina@oregonworkplacelaw.com PROOF OF MAILING I caused a copy of this complaint to be mailed to the following: Oregon State Police c/o Senior Trooper Craig Ball Trelstad Avenue SE Salem, Oregon Oregon Occupational Safety and Health 0 Winter St NE, rd Floor Salem, Oregon 0-00 Chairperson Deborah Kafoury 01 SE Hawthorne Blvd, Suite 00 Portland, Oregon - September, /s/ Michael Fuller Michael Fuller, OSB No. 0 Lead Trial Attorney for Tenants OlsenDaines US Bancorp Tower 1 SW th Ave., Suite 0 Portland, Oregon michael@underdoglawyer.com Direct CLASS ACTION COMPLAINT Page of