1 FILED

2025 JUN 06 03:26 PM

2 KING COUNTY
SUPERIOR COURT CLERK
3 E-FILED
CASE #: 25-2-17042-0 SEA
4

6 SUPERIOR COURT OF WASHINGTON FOR KING COUNTY

7 KING COUNTY, a political subdivision of the )

State of Washington, )
8 ) No.
Plaintiff, )
9 )
vs. )
10 ) COMPLAINT FOR TIMBER
VLAD POPACH AND JESSICA POPACH, ) TRESPASS, DAMAGES,
11 individually and on behalf of their marital ) PERMANENT INJUNCTION, AND
community; SAM CUNNINGHAM AND LAURA ) ENFORCEMENT OF PENALTIES
12 BRICE CUNNINGHAM, individually and on )
behalf of their marital community; JULIE HSIEH, )
13 individually and on behalf of her marital )
community; HSIEH INVESTMENTS )
14 WASHINGTON III, LLC, a Washington limited )
liability company; DOE COMPANIES 1-10; and )
15 JANE and JOHN DOES 1-20, )
)
16 Defendants. )

17
COMES NOW Plaintiff King County (“King County” or “Plaintiff”), by and through its
18
attorneys of record, alleges and claims against Defendants as follows:
19
I. PARTIES, JURISDICTION, AND VENUE
20
1. Plaintiff, King County, a political subdivision of the State of Washington as a
21
home rule charter county, is the owner of the real property in King County, Washington,
22
identified as Grand Ridge Park, Parcel Number 252406-9107 (“Plaintiff’s Property” or the
23
“Property”), which is the subject of this Complaint.
Leesa Manion (she/her)
COMPLAINT FOR TIMBER TRESPASS, Prosecuting Attorney
DAMAGES, PERMANENT INJUNCTION AND CIVIL DIVISION
701 5th Avenue, Suite 600
ENFORCEMENT OF PENALTIES - 1 Seattle, Washington 98104
(206) 477-1120/FAX (206) 296-0191
1 2. Defendants Vlad Popach and Jessica Popach are residents of King County,

2 Washington and own real property located in King County, Washington, which adjoins

3 Plaintiff’s Property. Defendants are believed to be husband and wife, agents of Defendant

4 Compass Real Estate, LLC and/or Compass Real Estate Investors Corp., and all acts or

5 omissions of either of them was done for the benefit of marital property.

6 3. Defendants Sam Cunningham and Laura Brice Cunningham are residents of King

7 County, Washington and own real property located in King County, Washington, which adjoins

8 Plaintiff’s Property. Defendants are believed to be husband and wife, agents of Defendant

9 Compass Real Estate, LLC and/or Compass Real Estate Investors Corp., and all acts or

10 omissions of either of them was done for the benefit of marital property.

11 4. Defendant Julie Hsieh is a resident of King County, Washington and is the

12 registered agent and governor of Hsieh Investments Washington, III, LLC, a limited liability

13 company incorporated in the state of Washington that owns real property located in King

14 County, Washington, which adjoins Plaintiff’s Property.

15 5. As adjacent property owners, Defendants Vlad Popach, Jessica Popach, Sam

16 Cunningham, Laura Brice Cunningham, Julie Hsieh, and Hsieh Investments Washington, III,

17 LLC are hereinafter individually and collectively referred to as “Neighbor Defendants.”

18 6. Compass Real Estate, LLC is a limited liability company, incorporated in the state

19 of Washington, who employ or retain Defendants Vlad Popach, Sam Cunningham, and Laura

20 Brice Cunningham as agents of Compass Real Estate, LLC that offer their services within King

21 County, Washington.

22 7. Compass Real Estate Investment Corp. is a Washington profit corporation doing

23 business in King County, Washington.

Leesa Manion (she/her)

COMPLAINT FOR TIMBER TRESPASS, Prosecuting Attorney
DAMAGES, PERMANENT INJUNCTION AND CIVIL DIVISION
701 5th Avenue, Suite 600
ENFORCEMENT OF PENALTIES - 2 Seattle, Washington 98104
(206) 477-1120/FAX (206) 296-0191
1 8. Doe Companies 1-10, individually or as company or corporation, were hired,

2 contracted, paid, or requested to perform work on Plaintiff’s Property within King County,

3 Washington at the behest of the Neighbor Defendants collectively, or at the behest of one or

4 more of them individually, without authorization or permits from King County, but at this time

5 are currently unknown to the Plaintiff. These Defendants are hereinafter collectively referred to

6 as Doe Companies 1-10.

7 9. Jane and John Does 1-20 may reside in King County, Washington, may have

8 hired Doe Company 1-10 or otherwise participated in the cutting and/or damaging of trees on

9 Plaintiff’s Property, or may themselves have cut or damaged trees on Plaintiff’s Property, but at

10 this time are currently unknown to the Plaintiff. These Defendants are hereinafter collectively

11 referred to as Jane and John Does 1-20.

12 10. The Court has subject matter jurisdiction over the claims in this action.

13 11. The Court has personal jurisdiction over all defendants because this action arises

14 from their conduct in King County, Washington.

15 12. Venue is proper in this action because the property at issue is located within King

16 County, Washington and at least two of the defendants reside in King County, Washington.

17 II. FACTUAL ALLEGATIONS COMMON TO ALL CLAIMS

18 13. Plaintiff realleges and incorporates all of the allegations in the preceding

19 paragraphs of this Complaint as though set forth in full.

20 14. Plaintiff’s Property is part of Grand Ridge Park, a lush 1,200-acre forest in King

21 County, Washington, maintained as a natural resource preservation space for passive recreation

22 including hikers, equestrians, mountain bikers, naturalists, and other recreational activities and

23 environmental benefits.

Leesa Manion (she/her)

COMPLAINT FOR TIMBER TRESPASS, Prosecuting Attorney
DAMAGES, PERMANENT INJUNCTION AND CIVIL DIVISION
701 5th Avenue, Suite 600
ENFORCEMENT OF PENALTIES - 3 Seattle, Washington 98104
(206) 477-1120/FAX (206) 296-0191
1 15. Defendants Vlad Popach and Jessica Popach are the owners of real property

2 located at 7050 270th Place Southeast, Issaquah, Washington 98029; King County Parcel

3 Number 2524069099.

4 16. Defendant Vlad Popach is a real estate agent or broker for Compass Real Estate,

5 LLC, Compass Real Estate Investment Corp, and/or Popach Real Estate, LLC.

6 17. Jessica Popach is the chief operating officer of the Popach Real Estate, LLC, a

7 limited liability corporation for Vlad Popach’s real estate business through Compass Real Estate,

8 LLC and/or Compass Real Estate Investment Corp.

9 18. Defendants Sam Cunningham and Laura Brice Cunningham are owners of real

10 property located at 7062 270th Place Southeast, Issaquah, Washington 98029; King County

11 Parcel Number 2524069098.

12 19. Sam Cunningham and Laura Brice Cunningham are both real estate agents or

13 brokers for Compass Real Estate, LLC and/or Compass Real Estate Investment Corp.

14 20. Defendant Julie Hsieh purchased the real property 7070 270th Place Southeast,

15 Issaquah Washington 98029 through Hsieh Investments Washington III, LLC, which was

16 incorporated on February 7, 2025; King County Parcel Number 2524069097.

17 21. Defendant Hsieh Investments Washington III, LLC made an offer to purchase the

18 7070 270th Place Southeast, Issaquah Washington 98029 on February 8, 2025.

19 22. The purchase of 7070 270th Place Southeast, Issaquah, Washington 98029 by

20 Defendant Hsieh Investments Washington III, LLC closed on March 14, 2025.

21 23. Skyline Properties acted as agent for the seller and buyer of real property located

22 at 7070 270th Place Southeast, Issaquah Washington 98029, sold to Defendant Julie Hsieh

23 through Defendant Hsieh Investments Washington, III, LLC.

Leesa Manion (she/her)

COMPLAINT FOR TIMBER TRESPASS, Prosecuting Attorney
DAMAGES, PERMANENT INJUNCTION AND CIVIL DIVISION
701 5th Avenue, Suite 600
ENFORCEMENT OF PENALTIES - 4 Seattle, Washington 98104
(206) 477-1120/FAX (206) 296-0191
1 24. Prior to March 22, 2025, Neighbor Defendants and/or Jane and John Does 1-20

2 hired or contracted with Doe Company 1-10 to cut down, remove, top, trim, limb up, debark or

3 strip, fell, or otherwise damage trees on Plaintiff’s Property.

4 25. On or about March 22, 2025, Neighbor Defendants, and/or their agents, Doe

5 Company 1-10, and Jane and John Does 1-20 were observed entering onto Plaintiff’s Property

6 and performed unauthorized work by cutting down, removing, topping, trimming, limbing up,

7 debarking, felling, and otherwise damaging approximately one hundred and forty-two (142) trees

8 on Plaintiffs Property without the consent, permission, permit, or authorization of Plaintiff.

9 26. Of the approximately 142 affected trees, at least seventy-two (72) were limbed up,

10 forty-five (45) were cut, eighteen (18) were topped, and seven (7) others were damaged in a

11 combination of methods, including but not limited to being limbed up, cut and damaged, split

12 trunk, debarked, branches broken off, or topped and damaged; all of which are hereinafter

13 referred to as the “Trees.”

14 27. “Limbed up” refers to the damaging practice of removing lower branches on a

15 tree, leaving only the crown of the tree, which impacts the structural integrity of the tree,

16 introduces a higher probability of disease, fungus, or other decay.

17 28. Tree “topping” refers to the damaging practice of removing the central leader

18 branch of the tree’s crown, impacting the tree’s natural form, shortening the tree’s life, creates

19 higher probability of dangerous or hazardous trees, and often results in a slow death to the tree

20 itself.

21 29. “Debarking or stripping” refers to the damaging practice of removing tree bark

22 that reduces stability of the trees structure and exposes trees to more disease, pests, or other

23

Leesa Manion (she/her)

COMPLAINT FOR TIMBER TRESPASS, Prosecuting Attorney
DAMAGES, PERMANENT INJUNCTION AND CIVIL DIVISION
701 5th Avenue, Suite 600
ENFORCEMENT OF PENALTIES - 5 Seattle, Washington 98104
(206) 477-1120/FAX (206) 296-0191
1 impacts that can impact a tree’s ability to grow. In such cases where significant amount of bark is

2 removed, the tree is likely to die.

3 30. The species of the Trees affected include, but are not limited to, Douglas Fir,

4 Western Redcedar, Sitka Spruce, Grand Fir, Western Hemlock, Madrone, and Big Leaf Maple

5 trees.

6 31. Plaintiff’s Property is located in an environmentally critical area that contains

7 steep slopes and is in a landslide or erosion prone area.

8 32. During the cutting of the Trees, at least one negligently felled tree flew down the

9 steep slope of Plaintiff’s Property at a high rate of speed and nearly crossed 272nd Avenue

10 Southeast, posing a risk of serious injury or death to innocent bystanding pedestrians and

11 vehicles.

12 33. As a result of the unauthorized removal and damage of the Trees, at least one of

13 the Neighbor Defendants has substantially improved their view of West Tiger Mountain. Upon

14 information and belief, other properties owned by Neighbor Defendants also now enjoy

15 improved or less obstructed views of the mountain and surrounding area.

16 34. At all times material to this action, Neighbor Defendants and/or Jane or John

17 Does 1-20 knew or should have known, that they, their agents, and Doe Company 1-10 did not

18 have the right, claim, title, or interest in Plaintiff’s Property or Trees.

19 35. At all times material to this action, Neighbor Defendants and/or Jane or John

20 Does 1-20 knew or should have known that they, their agents, and Doe Company 1-10 did not

21 have the consent, permission, or authorization to enter Plaintiff’s Property, nor to cut down,

22 remove, top, trim, limb up, debark or strip, fell, or otherwise damage Trees on Plaintiff’s

23 Property.

Leesa Manion (she/her)

COMPLAINT FOR TIMBER TRESPASS, Prosecuting Attorney
DAMAGES, PERMANENT INJUNCTION AND CIVIL DIVISION
701 5th Avenue, Suite 600
ENFORCEMENT OF PENALTIES - 6 Seattle, Washington 98104
(206) 477-1120/FAX (206) 296-0191
1 36. At all times material to this action, Neighbor Defendants and/or Jane or John

2 Does 1-20 never sought any such consent, permission, permit, or authorization from Plaintiff to

3 cut down, remove, top, trim, limb up, debark or strip, fell, or otherwise damage Plaintiff’s Trees.

4 37. Plaintiff’s stewardship of Grand Ridge Park benefits all of King County and its

5 residents and visitors.

6 38. The cost to repair the damaged Trees includes, but is not limited to, debris

7 removal, habitat restoration, slope stabilization, tree and vegetation replanting and restoration,

8 and establishment costs to restore the vegetation and forest.

9 39. If successful, it will likely take multiple generations of time to restore to

10 Plaintiff’s Property and its dense forest to its previously undisturbed and mature state.

11 III. FIRST CLAIM FOR RELIEF – TIMBER TRESPASS (RCW 64.12.030)

12 40. Plaintiff realleges and incorporates all of the allegations in the preceding

13 paragraphs of this Complaint as though set forth in full.

14 41. The Trees were located entirely on Plaintiff’s Property.

15 42. Doe Company 1-10 knew or should have known that Plaintiff’s Property did not

16 belong to the Neighbor Defendants.

17 43. In violation of RCW 64.12.030, Defendants’ or their agents cut down timber on

18 Plaintiff’s Property without lawful authority and are liable for timber trespass.

19 44. Defendants are responsible for the acts of their agents, contractors, or other

20 individuals who Defendants made arrangements with to remove, cut, or damage Plaintiff’s Trees.

21 45. Defendants’ or their agents’ actions have resulted in damages to Plaintiff, for

22 which Plaintiff is entitled to recover treble damages in an amount to be proven at trial because

23

Leesa Manion (she/her)

COMPLAINT FOR TIMBER TRESPASS, Prosecuting Attorney
DAMAGES, PERMANENT INJUNCTION AND CIVIL DIVISION
701 5th Avenue, Suite 600
ENFORCEMENT OF PENALTIES - 7 Seattle, Washington 98104
(206) 477-1120/FAX (206) 296-0191
1 the Defendants’ actions in cutting, removing, topping, trimming, limbing up, debarking or

2 stripping, felling, and otherwise damaging the Plaintiff’s Trees were not causal or involuntary.

3 46. Defendants’ or their agents’ actions have diminished the value of Plaintiff’s

4 Property in an amount to be proven at trial.

5 47. The overall value of the Trees was preliminarily estimated at a value over two and

6 a third million dollars. The specific value of the Trees will be proven at trial, and those damages

7 should be trebled under RCW 64.12.030.

8 48. The Plaintiff is entitled to damages, including but not limited to compensation for

9 the appraised loss of value of the Trees, restoration costs, loss of property value, emotional

10 damages, arborist fees, court costs, and all other allowed damages, all of which should be

11 trebled, as authorized under RCW 64.12.030 and in an amount to be proven at trial.

12 IV. SECOND CLAIM FOR RELIEF – DAMAGE TO LAND (RCW 4.24.630)

13 49. Plaintiff realleges and incorporates all of the allegations in the preceding

14 paragraphs of this Complaint as though set forth in full.

15 50. In violation of RCW 4.24.630, Defendants or their agents wrongfully cut down

16 Trees and vegetation on Plaintiff’s Property, resulting in damage to the land, understory, and

17 property itself.

18 51. Defendants or their agents damaged Plaintiff’s Property because in cutting or

19 damaging 142 Trees and other vegetation, they made landslides on a steep sloped property more

20 likely.

21 52. Defendants or their agents knew or should have known that they were not

22 authorized to cut, remove, top, trim, limb up, debark or strip, fell, or otherwise damage the Trees

23

Leesa Manion (she/her)

COMPLAINT FOR TIMBER TRESPASS, Prosecuting Attorney
DAMAGES, PERMANENT INJUNCTION AND CIVIL DIVISION
701 5th Avenue, Suite 600
ENFORCEMENT OF PENALTIES - 8 Seattle, Washington 98104
(206) 477-1120/FAX (206) 296-0191
1 and such action would likely impact tree canopy, understory vegetation, animal habitats, and

2 slope integrity.

3 53. Defendants’ actions have resulted in damages to Plaintiff, for which Plaintiff is

4 entitled to recover treble damages under RCW 4.24.630.

5 54. Plaintiff is entitled to damages to the land resulting from the cutting, including but

6 not limited to the costs associated with restoration of the land, reestablishing slope integrity over

7 many years, animal habitat restoration, and reasonable costs including investigation costs,

8 attorney’s fees, and other litigation-related costs.

9 V. THIRD CLAIM FOR RELIEF – TRESPASS

10 55. Plaintiff realleges and incorporates herein the preceding paragraphs of this

11 Complaint as though set forth in full.

12 56. Defendants or their agents entered without permission onto Plaintiff’s Property

13 and caused damage thereto by cutting, removing, topping, trimming, limbing up, debarking or

14 stripping, felling, and otherwise damaging the Plaintiff’s Trees.

15 57. Defendants’ or their agents’ actions have resulted in damages to the Plaintiff, for

16 which Plaintiff is entitled to recover damages to be proven at trial as well as the costs of this

17 litigation and attorneys’ fees.

18 VI. FOURTH CLAIM FOR RELIEF – NEGLIGENCE

19 58. Plaintiff realleges and incorporates herein the preceding paragraphs of this

20 Complaint as though set forth in full.

21 59. Defendants or their agents owe Plaintiff a duty to refrain from the acts herein

22 alleged, including duties to refrain from cutting, removing, topping, trimming, limbing up,

23 debarking or stripping, felling, and otherwise damaging the Plaintiff’s Trees. Defendants or their

Leesa Manion (she/her)

COMPLAINT FOR TIMBER TRESPASS, Prosecuting Attorney
DAMAGES, PERMANENT INJUNCTION AND CIVIL DIVISION
701 5th Avenue, Suite 600
ENFORCEMENT OF PENALTIES - 9 Seattle, Washington 98104
(206) 477-1120/FAX (206) 296-0191
1 agents knew or should have known that they lacked permission to cut, remove, top, trim, limb

2 up, debark or strip, fell, or otherwise damage Trees in a King County Park that they did not own,

3 breached their duty, and proximately caused injury and damage to Plaintiff’s Trees and Property.

4 VII. FIFTH CLAIM FOR RELIEF – VIOLATIONS OF THE ENVIRONMENTALLY

CRITICAL AREAS CODE
5
60. Plaintiff realleges and incorporates herein the preceding paragraphs of this
6
Complaint as though set forth in full.
7
61. Defendants cut and damaged Trees in an environmentally critical steep slope and
8
landslide or erosion hazard area as defined in KCC 21A.06 and other provisions of the King
9
County Environmentally Critical Area Ordinance (“ECA”), codified in King County Code
10
21A.24.
11
62. Defendants or their agents violated the ECA by cutting, removing, topping,
12
trimming, limbing up, debarking or stripping, felling, or otherwise damaging Trees and
13
vegetation in an environmentally Critical Area without a permit or authorization to do so.
14
63. Sam Cunningham and Laura Brice Cunningham, and possibly other Defendants,
15
had prior notice of the Critical Area, as indicated by a Notice recorded on the title of their
16
property on October 7, 2020; Instrument Number 20201007000164.
17
64. Approximately one hundred thirty five (135) Trees had a greater than eight (8)
18
inches in diameter at cut, diameter at chest height, or diameter of remaining stump, indicating
19
that of the impacted Trees, a vast majority of them were significant trees, as defined by KCC
20
21A.06.1167.
21
65. Pursuant to KCC 23.24.070, Defendants are subject to a civil penalty for each
22
violation until the date of compliance.
23

Leesa Manion (she/her)

COMPLAINT FOR TIMBER TRESPASS, Prosecuting Attorney
DAMAGES, PERMANENT INJUNCTION AND CIVIL DIVISION
701 5th Avenue, Suite 600
ENFORCEMENT OF PENALTIES - 10 Seattle, Washington 98104
(206) 477-1120/FAX (206) 296-0191
1 66. Given the significant damage to a critical area pursuant to KCC 21A.24,

2 Defendants are also subject to the additional civil penalty at an amount determined by the King

3 County Department of Natural Resources for the redress of ecological, recreational, and

4 economic values lost or damaged due to their unlawful action under KCC 23.32.040 or at an

5 amount of the economic benefit derived by the violation, including but not limited to any

6 increased value of their homes in unlawfully creating improved views of West Tiger Mountain.

7 VIII. SIXTH CLAIM FOR RELIEF – PERMANENT INJUNCTION

8 67. Plaintiff realleges and incorporates herein the preceding paragraphs of this

9 Complaint as though set forth in full.

10 68. Defendants, their agents, representatives, tenants, and contractors should be

11 permanently enjoined from coming upon the Plaintiff’s Property, or cutting or otherwise

12 damaging any trees or vegetation located on the Plaintiff’s Property, or from committing

13 trespass, or timber trespass thereon.

14 IX. RIGHT TO AMEND COMPLAINT

15 69. Plaintiff reserves the right to amend its Complaint pursuant to CR 15.

16 X. REQUEST FOR JURY TRIAL

17 70. Plaintiff hereby requests a trial by jury.

18 XI. REQUEST FOR RELIEF

19 WHEREFORE, having asserted claims against Defendants, Plaintiff respectfully requests

20 that this Court enter a judgment against Defendants as follows:

21 A. Awarding Plaintiff treble damages in the amount of Plaintiff’s claimed damages

22 established at trial under RCW 64.12.030 and RCW 4.24.630;

23

Leesa Manion (she/her)

COMPLAINT FOR TIMBER TRESPASS, Prosecuting Attorney
DAMAGES, PERMANENT INJUNCTION AND CIVIL DIVISION
701 5th Avenue, Suite 600
ENFORCEMENT OF PENALTIES - 11 Seattle, Washington 98104
(206) 477-1120/FAX (206) 296-0191
1 B. Awarding monetary damages to be determined at trial based upon common law

2 trespass and negligence;

3 C. Awarding Plaintiff a permanent injunction against the Defendants and their

4 agents, representatives, tenants, or contractors from coming upon the Plaintiff’s Property, cutting

5 or otherwise damaging any trees or vegetation on Plaintiff’s Property, or committing trespass or

6 timber trespass thereon.

7 D. Awarding Plaintiff reasonable attorney’s fees and litigation costs, including the

8 expense of hiring a Certified Arborist and Surveyor to assess the damage caused by the

9 Defendants or their agents, provided by RCW 4.24.630 or other such statutes and authority upon

10 which the Court may rely;

11 E. Awarding Plaintiff any additional statutory fees and costs permitted by law;

12 F. Awarding Plaintiff any additional damages or relief, including all relevant civil

13 penalties allowed under King County Code, other damages permitted by law, or that the Court

14 finds equitable, appropriate, or just.

15

16 DATED: June 6, 2025

Elisa J. Wood, WSBA No. 47421
17 Senior Deputy Prosecuting Attorney
Richard L. Anderson, WSBA No. 25115
18 Senior Deputy Prosecuting Attorney
King County Prosecuting Attorney’s Office
19 701 Fifth Avenue, Suite 600
Seattle, WA 98104
20 [email protected]
[email protected]
21
Attorneys for Plaintiff King County
22

23

Leesa Manion (she/her)

COMPLAINT FOR TIMBER TRESPASS, Prosecuting Attorney
DAMAGES, PERMANENT INJUNCTION AND CIVIL DIVISION
701 5th Avenue, Suite 600
ENFORCEMENT OF PENALTIES - 12 Seattle, Washington 98104
(206) 477-1120/FAX (206) 296-0191