Lawsuit 1

Electronically Filed
1/20/2021 2:13 PM
Steven D. Grierson
CLERK OF THE COURT
1 COMP
DAVID Z. CHESNOFF, ESQ.
2 Nevada Bar No. 2292
RICHARD A. SCHONFELD, ESQ.
3 evada Bar No. 6815
CHESNOFF & SCHONFELD CASE NO: A-21-828090-C
4 520 South Fourth Street Department 11
Las Vegas, Nevada 89101
5 Telephone: (702) 384-5563
Attorneys for Plaintiff
6
7 DISTRICT COURT
COUNTY OF CLARK, STATE OF NEVADA
8
9 BABY MONSTER, LLC., a Nevada Limited CASE NO.
Liability Company,
DEPT.NO.
10
Plaintiff,
11 JURY DEMAND REQUESTED
12 vs.
13
PCVI, LLC, a Utah Limited Liability
14 Company; RICHARD HSIEH AND ARBITRATION EXEMPT:
ANDREW HSIEH, as co-special
administrators of the Estate of Anthony DAMAGES IN EXCESS OF $50,000
15
Hsieh; Doe Individuals I through X, and Roe
16 Corporations I through X,
17
Defendants.
18
COMPLAINT AND DEMAND FOR JURY TRIAL
19
COMES NOW, Plaintiff Baby Monster, LLC (hereinafter "Plaintiff'), by and through its
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attorneys, DAVID Z. CHESNOFF, ESQ., and RICHARD A. SCHONFELD, ESQ., of the law firm
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of CHESNOFF & SCHONFELD, and hereby files this Complaint against Defendants PCVI, LLC,
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RICHARD HSIEH and ANDREW HSIEH as co-special administrators of the Estate of Anthony
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Hsieh, Doe Individuals I through X, and Roe Corporations I through X, collectively referred to as
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("Defendants") alleging and stating as follows:
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Case Number: A-21-828090-C

1 INTRODUCTION
2 1. On August 25, 2020, PCVI, LLC, entered into a written Services Agreement
3 ("Contract") with Plaintiff Baby Monster, LLC, whereby Plaintiff would: a) identify and hire
4 contractors and/or suppliers to perform specific work for PCVI, LLC; b) pay compensation to the
5 hired contractors; c) enter into written agreements with the contractors when they are hired; d)
6 enforce the terms of the agreements with the contractors; and, e) assist with managing the
7 relationship with the hired contractors. In exchange for the foregoing services, Plaintiff was
8 entitled to receive a fee equal to 10% of the hired contractor's compensation. Plaintiff performed
9 under terms of the Contract and Defendants have breached said Contract. The Contract was
10 negotiated by Plaintiff Baby Monster, LLC, directly with Anthony Hsieh ("Tony Hsieh") who was
11 the sole member and manager of PCVI, LLC. As further alleged herein, Tony Hsieh was the alter
12 ego of PCVI, LLC;

13 THE PARTIES
14 2. Plaintiff Baby Monster, LLC, is a Nevada Limited Liability Company with Jennifer
15 "Mimi" Pham and Roberto Grande as the Managing Members;

16 3. PCVI, LLC, is a Utah Limited Liability Company;
17 4. PCVI, LLC, was formed on July 21, 2020, with Tony Hsieh being registered with
18 the State of Utah Department of Commerce Division of Corporations and Commercial Code as its
19 Principal and sole Member with an address of 3105 Sonia Drive, Las Vegas, Nevada 89107. Up
20 until his injury described below, Tony Hsieh was the sole member and manager of PCVI, LLC and
21 dominated, controlled, managed and operated PCVI, LLC, to such an extent that at all times
22 mentioned in this Complaint there existed a unity of interest and ownership between Tony Hsieh
23 and PCVI, LLC. Therefore, Tony Hsieh was the alter ego of PCVI, LLC, and any individuality or
24 separateness of PCVI, LLC and Tony Hsieh had ceased;

25 5. On November 18, 2020, Tony Hsieh was injured in a house fire in the State of
26 Connecticut;
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1 6. On November 19, 2020, Tony Hsieh was replaced as the Registered Principal of
2 PCVI, LLC by and entity called l0X TH, LLC. lOX TH, LLC, registered its address as 840 S.
3 Rancho Drive, Suite 4-908, Las Vegas, Nevada 89106;
4 7. On November 27, 2020, Tony Hsieh died as a result of the injuries sustained in
5 the house fire of November 18, 2020;
6 8. On December 3, 2020, Richard Hsieh and Andrew Hsieh were appointed by the
7 Eighth Judicial District Court, Clark County, Nevada, as co-special administrators of the Estate
8 of Anthony Hsieh in case number P-20-105105-E;
9 9. PursuanttoNRCP l0(a) andNurenberger Hercules-Werke GMBHv. Virostek, 107
10 Nev. 873, 822 P.2d 1100 (1991), the true names and capacities, whether individual, corporate,
11 associate or otherwise, of Defendants designated as Does I through X, and Roe Corporations I
12 through X, are unknown at the present time; however, it is alleged and believed that these
13 Defendants were involved in the initiation, approval, support, or execution of the wrongful acts
14 upon which this litigation is premised, or of similar actions directed against Plaintiff about which
15 it is presently unaware. As the specific identities of these parties are revealed through the course
16 of discovery, the Doe and Roe appellations will be replaced to identify these parties by their true
17 names and capacities;

18 10. All of the acts or failures to act alleges herein were duly performed by and are
19 attributable to Defendants acting by and through their agents and employees. Said acts and failures
20 to act were within the scope of said agency and/or employment, and Defendants ratified said acts
21 and omissions;
22 11. All conduct of Defendants and Doe and Roe Corporation Defendants as alleged
23 herein was on each other's behalf, within the course and scope of agency each for the other, and
24 all conduct of each was within the course and scope of that partnership or joint venture;
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1 VENUE AND JURISDICTION
2 12. The amount in controversy is in excess of Fifteen Thousand Dollars ($15,000.00);
3 13. Venue is proper in Clark County, Nevada pursuant to N.R.S. §13.010 and 13.040
4 because: 1) Plaintiff is a resident of Clark County, Nevada; 2) the transactions and representations
5 at issue in this lawsuit occurred there; 3) the events or omissions giving rise to the claim occurred
6 there; and 4) Plaintiffs damages were suffered there;

7 14. PCVI, LLC, maintains at least one bank account in the State of Nevada. The
8 account is with Chase bank with a branch located on Maryland Parkway, Las Vegas, Nevada;
9 15. PCVI, LLC, has systematic and continuous contacts with the State of Nevada and
10 regularly conducts business in the State of Nevada;

11 16. The Contract that is the subject of the lawsuit was negotiated and executed in the
12 State of Nevada;
13 17. PCVI, LLC, purposefully availed itself to the benefits of conducting business in the
14 State ofNevada;
15 18. Both General and Specific Personal Jurisdiction exist over PCVI, LLC, as well
16 as Richard Hsieh and Andrew Hsieh as co-special administrators of the Estate of Anthony Hsieh,
17 related to the subject of this Complaint;

18 PROCEDURAL HISTORY
19 19. Mimi Pham had been Tony Hsieh's assistant, right hand person, and friend for the
20 seventeen years preceding his death;

21 20. Tony Hsieh died on November 27, 2020. It is currently believed that Tony Hsieh
22 did not have a will or a trust related to the administration of his estate;
23 21. A simple Google search of "Tony Hsieh" and "Mimi Pham" reveals a number of
24 articles and photographs of Tony Hsieh and Mimi Pham having been together and working
25 together. The relationship between Tony Hsieh and Mimi Pham was so close that Tony Hsieh
26 utilized Mimi Pham' s cellular telephone account for his main phone number, had cable and utilities
27 accounts in Mimi Pham's name, and both Tony Hsieh and Mimi Pham shared the same address
28 on their driver licences (as just a few examples);
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1 22. Unlike the relationship that existed between Tony Hsieh and Mimi Pham, neither
2 Richard Hsieh nor Andrew Hsieh (now co-administrators of the Estate of Anthony Hsieh) had a
3 close personal relationship with Tony Hsieh, even though they are blood relatives of Tony Hsieh.
4 In fact, although Andrew Hsieh moved to Park City, Utah to live with Tony Hsieh in the calendar
5 year 2020, that is not an indication of a familial bond as he was offered a $1,000,000 annual salary
6 in exchange for said move;
7 23. As a result of Tony Hsieh dying without a will or a trust, his family members stand
8 to inherit Tony Hsieh's vast fortune estimated to be worth $840 million;
9 24. Notwithstanding the new found fortune that Tony Hsieh's family members stand
10 to gain, and the long term close personal relationship that existed between Tony Hsieh and Mimi
11 Pham, Richard Hsieh and Andrew Hsieh as co-special administrators of the Estate of Anthony
12 Hsieh (who now control Defendant PCVI, LLC), have refused to honor the Contract that exists
13 between Plaintiff Baby Monster, LLC, and PCVI, LLC as well as the agreements that were entered
14 into by Plaintiff Baby Monster, LLC, and PCVI, LLC, with the hired contractors;
15 STATEMENT OF THE FACTS
16 25. As described in Paragraph 1 above, Plaintiff Baby Monster, LLC, entered into a
17 Contract with PCVI, LLC, on August 25, 2020 1• That Contract is incorporated herein by reference
18 as though fully set forth herein;
19 26. Under the terms of the Contract Plaintiff Baby Monster, LLC, would engage certain
20 contractors for PCVI, LLC, affiliates owned by Tony Hsieh, and/or Tony Hsieh. In exchange,
21 Plaintiff Baby Monster, LLC, was entitled to receive compensation in the amount of 10% of all
22 transactions that were entered into with said contractors;
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The agreement between Plaintiff Baby Monster, LLC, and PCVI, LLC was reached between
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Plaintiff Baby Monster, LLC, and Tony Hsieh prior to August 25, 2020, and was
28 documented in the Contract that was fully executed on August 25, 2020.
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1 27. On or about August 16, 2020, at the request of Tony Hsieh, Plaintiff Baby Monster,
2 LLC, entered into an Independent Contractor Agreement with Pelagic, LLC, whereby Pelagic,
3 LLC, would conduct due diligence on potential investments to be made by PCVI, LLC, or Tony
4 Hsieh ("Pelagic agreement"). The Pelagic, LLC, agreement financial terms were expressly agreed
5 to by PCVI, LLC, by way of signature given by Connie Yeh, an authorized agent of PCVI, LLC.
6 The Pelagic agreement is hereby incorporated by reference as though fully set forth herein.
7 Pelagic, LLC, had direct contact with Tony Hsieh and received direction from Tony Hsieh related
8 to the scope of its engagement with Plaintiff Baby Monster, LLC;

9 28. On or about September 17, 2020, Plaintiff Baby Monster, LLC, entered into a First
10 Amendment to Independent Contractor Agreement with Pelagic, LLC, whereby Pelagic, LLC
11 would now provide services to Plaintiff Baby Monster, LLC, for a term of five years ("First
12 Amended Pelagic agreement"). The First Amended Pelagic agreement is hereby incorporated by
13 reference as though fully set forth herein;

14 29. On or about November 23, 2020, Plaintiff Baby Monster, LLC, entered into a
15 Second Amendment to Independent Contractor Agreement with Pelagic, LLC, whereby the
16 insurance requirements were modified ("Second Amended Pelagic agreement"). The Second
17 Amended Pelagic agreement is hereby incorporated by reference as though fully set forth herein;
18 30. Under the terms of the Contract, as a result of the Pelagic agreement (and
19 amendments thereto), Plaintiff Baby Monster, LLC, is entitled to receive compensation in the
20 amount of $687,500 as its 10% fee;

21 31. On or about September 30, 2020, Plaintiff Baby Monster, LLC, at the request of
22 Tony Hsieh, entered into an Independent Contractor Agreement with Jx5 Creative, LLC, whereby
23 Jx5 Creative, LLC, would provide assistance for projects associated with 2636 Aspen Springs, Park
24 City, Utah 84060, projects associated with PCVI, LLC, and projects associated with Tony Hsieh
25 ("Jx5 agreement"). The Jx5 agreement financial terms were expressly agreed to by PCVI, LLC,
26 by way of signature given by Connie Yeh, an authorized agent of PCVI, LLC. The Jx5 agreement
27 is incorporated by reference as though fully set forth herein. Jx5 Creative, LLC, had direct contact
28 with Tony Hsieh and received direction from Tony Hsieh related to the scope of its engagement
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1 with Plaintiff Baby Monster, LLC;
2 32. Under the terms of the Contract, as a result of the Jx5 agreement, Baby Monster,
3 LLC, is entitled to receive compensation in the amount of $89,374.99;
4 33. Paragraph 3(e) of Contract provides that if a contractor is hired by Baby Monster,
5 LLC, and the Independent Contractor Agreement provides a guaranteed payment to said contractor
6 for any specified period of time, then Plaintiff Baby Monster, LLC, is entitled to the 10%
7 management fee based upon the full guaranteed payment. Both the Pelagic agreement and the Jx5
8 agreement had guaranteed payments to the contractors;
9 34. The Contract further provides that if hired contractors receive a guarantee of
10 compensation for any specified period of time then PCVI, LLC, shall pay the aggregate amount of
11 such guaranteed contractor compensation upon engagement of said contractor. PCVI, LLC, did
12 not make those payments to Plaintiff Baby Monster, LLC;
13 35. Notwithstanding the authority that was vested with Plaintiff Baby Monster, LLC,
14 and the contractual obligations that exist with the contractors, on November 19, 2020, Attorney
15 Puoy K. Premsrirut, on behalf of PCVI, LLC, sent Plaintiff Baby Monster, LLC, a notice to
16 terminate all independent contractors. Said letter is incorporated herein by reference as though
17 fully set forth herein. In that letter, PCVI, LLC, expressly excluded the termination of the Pelagic
18 agreement and the Jx5 agreement among certain other agreements;
19 36. Even though the letter from PCVI, LLC, expressly excluded termination of
20 the Pelagic agreement and the Jx5 agreement, PCVI, LLC, has refused to provide compensation
21 to Plaintiff Baby Monster, LLC, Pelagic, LLC, and Jx5 Creative, LLC, as required under the
22 various contracts referenced herein above;
23 37. As part of Plaintiff Baby Monster, LLC's services under the Contract it negotiated
24 agreements with vendors related to custom retrofitting of certain motor coaches at the request of
25 Tony Hsieh;
26 38. Under the terms of the Contract Plaintiff Baby Monster, LLC, was entitled to
27 receive 10% of the payments that were and/or would be made to said vendors related to the
28 retrofitting of said vehicles;
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1 39. Subsequent to Tony Hsieh' s death, on information and belief, the co-administrators
2 of Tony Hsieh's estate contacted the vendors directly to direct the conclusion of the retrofitting of
3 those vehicles as well as three additional vehicles that Plaintiff Baby Monster, LLC, had
4 coordinated to purchase at the request of Tony Hsieh;

5 40. Plaintiff Baby Monster, LLC, is entitled to receive its 10% management fee based
6 upon the retrofitting that was already being performed as well as the retrofitting of the three
7 additional vehicles that it had coordinated to purchase and retrofit;
8 41. In addition to the foregoing, Plaintiff Baby Monster, LLC, facilitated management
9 services with additional vendors prior to Tony Hsieh's death and is entitled to payment of
10 $41,669.56 as its 10% management fee. Invoices have been submitted and payment has been
11 refused;
12 42. At all times mentioned in this Complaint that are prior to the death of Tony Hsieh,
13 he committed acts establishing his alter ego liability, including but not limited to the following:
14 1) entering into the Contract for his personal benefit; 2) directing the contractors that were engaged
15 by Plaintiff Baby Monster, LLC, for his own personal benefit; 3) using PCVI, LLC, as a mere shell,
16 instrumentality, or conduit for a single venture for his own personal benefits; 4) disregarding
17 corporate formalities and failing to maintain an arms-length relationship with PCVI, LLC. As the
18 alter ego of Defendant PCVI, LLC, Tony Hsieh orchestrated, ratified and was otherwise involved
19 in the conduct described in this Complaint. Thus, adherence to the fiction of a separate existence
20 of Defendant PCVI, LLC, Tony Hsieh, and Richard and Andrew Hsieh as co-special administrators
21 of the Estate of Anthony Hsieh would permit an abuse of the LLC and corporate privileges, and
22 would promote injustice by allowing Tony Hsieh as well as Richard and Andrew Hsieh as co-
23 special administrators of the Estate of Anthony Hsieh to evade liability or veil assets that should
24 in equity be used to satisfy the damages that are being pursued herein;
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1 FIRST CAUSE OF ACTION
2 (BREACH OF CONTRACT)
3 AGAINST ALL DEFENDANTS
4 43. Paragraphs 1 through 42 are incorporated herein by reference as though fully set
5 forth herein;
6 44. Plaintiff Baby Monster, LLC, has performed all conditions, covenants, and
7 promises required to be performed in accordance with the terms and conditions of the Contract;
8 45. Plaintiff Baby Monster, LLC, was entitled to receive 10% of the full compensation
9 provided for under both the Pelagic agreement (with amendments) and the Jx5 agreement;
10 46. Plaintiff Baby Monster, LLC, was entitled to receive up-front the full guarantee
11 payments due to Pelagic, LLC, and Jx5 Creative, LLC, and Defendant PCVI, LLC has failed to
12 make those payments;
13 47. Plaintiff Baby Monster, LLC, is entitled to 10% of the vendor contracts related
14 to the retrofitting of vehicles, including the 3 vehicles that were in the process of being purchased;
15 48. Plaintiff Baby Monster, LLC, is entitled to 10% of all contracts it negotiated with
16 vendors;
17 49. Defendant PCVI, LLC is in breach of the Contract;
18 50. Demand has been made by Plaintiff Baby Monster, LLC, to PCVI, LLC, to be paid
19 the amounts that are due to Plaintiff Baby Monster, LLC, under the terms of the Contract and as
20 described herein. PCVI, LLC, refuses to provide said payment;
21 51. Tony Hsieh, as sole member and manager of PCVI, LLC, negotiated the terms of
22 the Contract with Plaintiff Baby Monster, LLC;

23 52. On December 3, 2020, the Eighth Judicial District Court, Clark County, Nevada,
24 entered an Order in case number P-20-105105-E appointing Richard Hsieh and Andrew Hsieh as
25 co-special administrators of the Estate of Anthony Hsieh;
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1 53. Pursuant to the authority vested in Richard and Andrew Hsieh by way of the
2 Court Order of December 3, 2020, Richard and Andrew Hsieh are authorized to act on behalf of
3 Tony Hsieh in all entities where Tony Hsieh owns an interest including the ability to manage and
4 participate in the management of said entities;
5 54. A unity between and among Tony Hsieh, his affiliated entities, Richard and
6 Andrew Hsieh as special co-administrators of the Estate of Anthony Hsieh, and PCVI, LLC
7 exists such that treating PCVI, LLC, as a separate legal entity would result in a fraud and severe
8 injustice perpetrated against Plaintiff Baby Monster, LLC;
9 55. The Contract provided for services to be provided to both PCVI, LLC, and Tony
10 Hsieh and therefore Tony Hsieh as controlling member of PCVI, LLC, benefitted from controlling
11 PCVI, LLC's actions;
12 56. Plaintiff Baby Monster, LLC, will be unlikely to recover all of its damages from
13 PCVI, LLC, as on information and belief PCVI, LLC, was underfunded by Tony Hsieh when he
14 was the sole member, and continues to be underfunded by Richard and Andrew Hsieh as co-special
15 administrators of the Estate of Anthony Hsieh. Such an occurrence would result in an injustice;
16 57. As a direct and proximate result of Defendant PCVI, LLC, Tony Hsieh, and Richard
17 and Andrew Hsieh as co-special administrators of the Estate of Anthony Hsieh, breaching the
18 Contract Plaintiff Baby Monster, LLC, has suffered direct and proximate damages in excess of
19 $15,000.00, plus pre-judgment and post-judgment interest;
20 58. It has been necessary for Plaintiff Baby Monster, LLC, to retain counsel to prosecute
21 this action, and it is therefore entitled to an award of costs and reasonable attorney's fees incurred
22 herein;
23 59. Plaintiff Baby Monster, LLC, is also entitled to pre-judgment and post-judgment
24 interest;
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1 SECOND CAUSE OF ACTION
2 (BREACH OF IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING)
4 60. Paragraphs 1 through 59 are incorporated herein by reference as though fully

5 set forth herein;
6 61. All contracts in the State of Nevada, including the Contract, contain an implied
7 covenant of good faith and fair dealing;
8 62. Defendant PCVI, LLC, at all material times, had a duty to act fairly and in good
9 faith to Plaintiff Baby Monster, LLC, in carrying out PCVI, LLC's responsibilities under the
10 Contract;
11 63. Defendant PCVI, LLC, has failed and/refused, and continues to fail and/or
12 refuse, to deal in good faith with Plaintiff Baby Monster, LLC, and has, therefore, breached the
13 implied covenant of good faith and fair dealing;
14 64. Tony Hsieh, as sole member and manager of PCVI, LLC, negotiated the terms
15 of the Contract with Plaintiff Baby Monster, LLC;
17 entered an Order in case number P-20-105105-E appointing Richard Hsieh and Andrew Hsieh
18 as co-special administrators of the Estate of Anthony Hsieh;
20 Court Order of December 3, 2020, Richard and Andrew Hsieh are authorized to act on behalf
21 of Tony Hsieh in all entities where Tony Hsieh owns an interest including the ability to manage
22 and participate in the management of said entities;
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2 Hsieh and therefore Tony Hsieh as controlling member of PCVI, LLC, benefitted from
3 controlling PCVI, LLC's actions;
6 was the sole member, and continues to be underfunded by Richard and Andrew Hsieh as co-
7 special administrators of the Estate of Anthony Hsieh. Such an occurrence would result in an
8 injustice;
9 70. As a result of Defendant PCVI, LLC, Tony Hsieh, and Richard and Andrew
10 Hsieh as co-special administrators of the Estate of Anthony Hsieh, breaching the covenant of
11 good faith and fair dealing Plaintiff Baby Monster, LLC, has suffered direct and proximate
12 damages in excess of $15,000.00, plus pre-judgment and post-judgment interest;
13 71. It has been necessary for Plaintiff Baby Monster, LLC, to retain counsel to
14 prosecute this action, and it is therefore entitled to an award of costs and reasonable attorney's
15 fees incurred herein;
17 interest;
18 THIRD CAUSE OF ACTION
19 (ACCOUNT STATED)
22 set forth herein;
23 74. Defendant PCVI, LLC, received notice from Plaintiff Baby Monster, LLC, as to
24 the funds that are due and owing;
25 75. Plaintiff Baby Monster, LLC, and Defendant PCVI, LLC, had prior financial
26 dealings before these amounts became due;
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1 76. The balance of $1,186,711.22 (exclusive of the payments that were due to Baby
2 Monster, LLC in order to pay Pelagic, LLC and Jx5 Creative, LLC) as presented to PCVI, LLC,
3 is correct and is due;
4 77. PCVI, LLC, received demand for payment of said account payable and did not
5 dispute said amount;

6 78. Defendant PCVI, LLC, has made an unconditional promise to pay said account,
7 and has failed to do so;

28 injustice;
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1 85. As a result of Defendant PCVI, LLC, and Richard and Andrew Hsieh as co-
2 special administrators of the Estate of Anthony Hsieh, failing to pay the account stated Plaintiff
3 Baby Monster, LLC, has suffered direct and proximate damages in excess of $15,000.00, plus
4 pre-judgment and post-judgment interest;
9 interest;
10 FOURTH CAUSE OF ACTION
11 (DECLARATORY RELIEF)
14 set forth herein;
15 89. The Defendants have refused to honor the terms of the Contract;
16 90. As a result of the foregoing, a justiciable controversy exists between the parties
17 regarding their respective rights under the Contract;
18 91. Plaintiff Baby Monster, LLC, asserts that it has a legally protected right as a
19 result of the assertions provided for herein;
20 92. This dispute between the parties is ripe for judicial determination;
21 93. Plaintiff Baby Monster, LLC, requests that the Court determine the parties'
22 relative rights under the Contract;
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16 injustice;
17 100. As a result of the actions of Defendant PCVI, LLC, and Richard and Andrew
18 Hsieh as co-special administrators of the Estate of Anthony Hsieh, Plaintiff Baby Monster,
19 LLC, has suffered direct and proximate damages in excess of $15,000.00, plus pre-judgment
20 and post-judgment interest;


25 interest;
26 103. Any judgment entered in favor of Plaintiff Baby Monster, LLC, and against
27 Defendant PCVI, LLC, should be payable by the Estate of Anthony Hsieh;
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1 (ALTER EGO/PIERCING THE CORPORA TE VEIL RELIEF)
3 set forth herein;

4 105. The doctrines of alter ego and veil piercing apply to Nevada corporations and
5 limited liability companies;

6 106. Tony Hsieh controlled PCVI, LLC, prior to his death;




25 injustice;
26 112. Any judgment entered in favor of Plaintiff Baby Monster, LLC, and against
27 Defendant PCVI, LLC, should be payable by the Estate of Anthony Hsieh;
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1 JURY DEMAND
2 PLAINTIFF BABY MONSTER, LLC, hereby demands a jury trial on all those issues
3 that are triable before a jury.
4 WHEREFORE, Plaintiff Baby Monster, LLC, prays for judgment as follows:
5 1. For compensatory damages in excess of $15,000.00, plus pre-judgment and
6 post-judgment interest;
7 2. For Declaratory Relief;
8 3. For attorney's fees;
9 4. For costs of suit incurred herein;
10 5. For pre-judgment and post judgment interest;
11 6. For a finding that the Corporate Veil should be pierced and the Estate of
12 Anthony Hsieh should be responsible for any Judgment obtained;
13 7. For such other and further relief as the Court may deem just and proper.
14 DATED this 20 th day of January, 2021.
15 Respectfully Submitted:
16 CHESNOFF & SCHONFELD
17 B~:5
DAVID Z. CHESNOFF, ESQ.
RICHARD A. SCHONFELD, ESQ. ✓
520 South Fourth Street
20 Las Vegas, NV 89101
(702) 384-5563
21 Attorneys for Plaintiff
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Electronically Filed

Case Number: A-21-828090-C

12 ego of PCVI, LLC;

15 "Mimi" Pham and Roberto Grande as the Managing Members;

24 separateness of PCVI, LLC and Tony Hsieh had ceased;

17 names and capacities;

2 12. The amount in controversy is in excess of Fifteen Thousand Dollars ($15,000.00);

6 there; and 4) Plaintiffs damages were suffered there;

10 regularly conducts business in the State of Nevada;

17 related to the subject of this Complaint;

20 seventeen years preceding his death;

28 on their driver licences (as just a few examples);

6 in exchange for said move;

8 to inherit Tony Hsieh's vast fortune estimated to be worth $840 million;

15 STATEMENT OF THE FACTS

18 as though fully set forth herein;

22 transactions that were entered into with said contractors;

8 to the scope of its engagement with Plaintiff Baby Monster, LLC;

13 reference as though fully set forth herein;

20 amount of $687,500 as its 10% fee;

28 retrofitting of said vehicles;

4 coordinated to purchase at the request of Tony Hsieh;

3 AGAINST ALL DEFENDANTS

22 the Contract with Plaintiff Baby Monster, LLC;

4 participate in the management of said entities;

8 injustice perpetrated against Plaintiff Baby Monster, LLC;

11 PCVI, LLC's actions;

19 $15,000.00, plus pre-judgment and post-judgment interest;

2 (BREACH OF IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING)

3 AGAINST ALL DEFENDANTS

4 60. Paragraphs 1 through 59 are incorporated herein by reference as though fully

3 controlling PCVI, LLC's actions;

12 damages in excess of $15,000.00, plus pre-judgment and post-judgment interest;

15 fees incurred herein;

18 THIRD CAUSE OF ACTION

20 AGAINST ALL DEFENDANTS

21 73. Paragraphs 1 through 72 are incorporated herein by reference as though fully

22 set forth herein;

24 the funds that are due and owing;

26 dealings before these amounts became due;

5 dispute said amount;

7 and has failed to do so;

4 pre-judgment and post-judgment interest;

7 fees incurred herein;

10 FOURTH CAUSE OF ACTION

12 AGAINST ALL DEFENDANTS

13 88. Paragraphs 1 through 87 are incorporated herein by reference as though fully

14 set forth herein;

17 regarding their respective rights under the Contract;

19 result of the assertions provided for herein;

22 relative rights under the Contract;

24 of the Contract with Plaintiff Baby Monster, LLC;

27 as co-special administrators of the Estate of Anthony Hsieh;

20 and post-judgment interest;

23 fees incurred herein;

3 set forth herein;

5 limited liability companies;

9 as co-special administrators of the Estate of Anthony Hsieh;

13 and participate in the management of said entities;

17 injustice perpetrated against Plaintiff Baby Monster, LLC;

20 controlling PCVI, LLC's actions;

27 Defendant PCVI, LLC, should be payable by the Estate of Anthony Hsieh;

3 that are triable before a jury.

4 WHEREFORE, Plaintiff Baby Monster, LLC, prays for judgment as follows: