1

FILED
2 2023 DEC 15 09:00 AM
KING COUNTY
3 SUPERIOR COURT CLERK
E-FILED
4 CASE #: 23-2-24842-2 KNT

5
KING COUNTY SUPERIOR COURT
6
KING COUNTY, STATE OF WASHINGTON
7

8 KELSEY KOPEC & JORDAN MARSH,

individuals, and the marital community,
9 No.
Plaintiffs,
10 v.

11 COMPLAINT FOR DAMAGES

THE DOG RESORT, LLC, a Washington
12 limited liability company,

13 Defendant.

14

15

16 Jurisdiction & Venue

17
1. This is a complaint for damages arising from injuries sustained by the
18

19 Plaintiffs’ dog while under the care of the Defendant’s business.

20 2. This claim is within the Court’s subject matter jurisdiction under RCW
21
4.12.020. The venue is proper in this Court under RCW 4.12.025.
22

23
Parties

24 3. Plaintiffs Kelsey Kopec and Jordan Marsh reside in Snohomish County.

25
Plaintiffs are the owners of Nahla, a seven-year-old husky labrador mix.

COMPLAINT -1 ZUANICH LAW PLLC

U.S. Bank Centre
1420 5th Avenue, Suite 2200
Seattle, WA 98101
Ph: 206.829.8415
1 4. The Dog Resort is a Washington limited liability company with a principal
2
business in Burien, Washington. The Dog Resort provides dog boarding services and
3
operates a day care center at 629 Industrial Way, in Seattle.
4

5 Factual Allegations
6
5. On Saturday, July 22, 2023, at around 10:30 am, the Plaintiffs brought their
7
dog, Nahla, to the Defendant’s dog boarding facility in Seattle. They were going to
8

9 enjoy the Bite of Seattle, an annual food festival in the Seattle Center, after which they

10
would be picking up Nahla late that evening.
11
6. At 3:48 pm, Kopec received a voicemail from the manager named Josie at
12

13 the Dog Resort, stating that “an incident occurred this morning” and that Nahla was

14 missing. Kopec immediately called back and spoke to Josie.

15
7. According to Josie, one of the employees, Michelle, tripped while she was
16
taking Nahla for a walk. When Michelle tripped, she let go of the leash, and Nahla took
17

18 off running. During the phone call, Josie told Kopec that the incident took place this

19 afternoon, not the morning, as she originally said in her voicemail.

20
8. Kopec and Marsh immediately went to the Seattle facility, arriving around
21
just before 4:30 pm. Neither Josie nor Michelle was present. Nor was any other
22

23 employee who had direct knowledge about the incident. Josie called Kopec by phone

24
and said that she had organized a search party to look for Nahla.
25

COMPLAINT -2 ZUANICH LAW PLLC

U.S. Bank Centre
1420 5th Avenue, Suite 2200
Seattle, WA 98101
Ph: 206.829.8415
1 9. Plaintiffs asked to speak to Michele about the incident, but Michelle never
2
contacted them, nor were they provided with Michele’s contact information. Their
3
understanding is that Michelle was terminated shortly after Nahla went missing
4

5 because she “gave conflicting accounts” about how Nahla went missing.

6
10. On Sunday, July 23, around 5:00 pm, Kopec received a phone call from a
7
woman named Alondra Lopez, who had found Nahla, injured, walking near in the
8

9
Queen Anne area of Seattle. The distance between the Seattle facility and Queen Anne

10 is approximately eight miles. After spotting Nahla, Alondra brought the dog to a

11
shelter in Interbay, where Kopec met her.
12
11. Nahla sustained injuries to her right hind leg. She spent the night at the
13

14 Animal Medical Center and was released on July 25. Over the next two weeks,

15 Plaintiffs returned to AMC multiple times to treat Nahla’s wounds, change the dressing
16
on her bandages, and to deal with a possible infection.
17
12. On July 23, Kopec contacted Mona Elassiouti, one of the owners, and
18

19 asked to see the video footage of Nahla leaving the dog facility. In response, Elassiouti

20
texted her: “I’ll have my IT person look for the footage tomorrow.” Kopec also asked
21
The Dog Resort to return Nahla’s leash and medication, which were still at the facility.
22

23 13. Over the next 48 hours, Kopec made multiple requests to see the video

24 footage, but she never received a copy. On July 25, in response to another text message,
25

COMPLAINT -3 ZUANICH LAW PLLC

U.S. Bank Centre
1420 5th Avenue, Suite 2200
Seattle, WA 98101
Ph: 206.829.8415
1 Elassiouti responded: “We’re so happy we found Nahla and that’s she ok. Going
2
forward we’ll have Michael Safren, our attorney, communicate you.”
3
14. To date, The Dog Resort has not returned Nahla’s leash or medication to
4

5 the Plaintiffs. Nor has the company allowed the Plaintiffs to see the surveillance

6
footage.
7
15. Nahla is still being treated for her injuries. To date, The Dog Resort has
8

9
not reimbursed Plaintiff’s for Nahla’s medical expenses.

10 16. On September 20, 2023, Plaintiff’s attorney contacted Michael Safren via

11
email, requesting confirmation that his office represented The Dog Resort. Safren did
12
not respond to this email. Safren did not respond to a second email on October 3.
13

14 Cause of Action – King County Code Violation

15
17. Plaintiffs incorporate by reference her allegations in paragraphs 1-16.
16
18. Title 8 of the King County Board of Health Code regulates pet businesses,
17

18 including pet daycare and boarding facilities. The Code requires pet businesses to have

19 a sufficient number of employees to provide adequate supervision or pets to maintain

20
their well-being.
21
19. Defendant breached its duty under the Code, and this breach constitutes
22

23 negligent conduct. Furthermore, Defendants conduct and behavior toward plaintiffs

24
after their discovery that Nahla was missing constitutes reckless and outrageous
25
conduct.
COMPLAINT -4 ZUANICH LAW PLLC
U.S. Bank Centre
1420 5th Avenue, Suite 2200
Seattle, WA 98101
Ph: 206.829.8415
1 20. As a result of Defendant’s negligent conduct, Plaintiffs suffered emotional
2
distress and have incurred past and future medical care for Nahla.
3

4
Request for Relief

5 THEREFORE, Plaintiff pray for judgment against Defendant as follows:

6
1. That this Court award such general and special damages in an amount
7
that plaintiffs will establish at the time of trial; and
8

9 2. That this Court award reasonable attorney fees, court costs, and further

10
relief as it deems just and equitable.
11

12
DATED this 15th day of December 2023.
13

14
By: /s/ Brian Christopher Zuanich
15 Brian C. Zuanich, WSBA #43877
ZUANICH LAW PLLC
16
U.S. Bank Centre
17 1420 5th Avenue, Suite 2200
Seattle, WA 98101
18
Tel.: 206.829.8415
19 Email: brian@zuanichlaw.com
Attorney for Plaintiffs
20

21

22

23

24

25

COMPLAINT -5 ZUANICH LAW PLLC

U.S. Bank Centre
1420 5th Avenue, Suite 2200
Seattle, WA 98101
Ph: 206.829.8415