The District Court of Guam will hear arguments Aug. 10 regarding a motion to dismiss from defendant Christopher K. Felix president and principal broker at Century 21 Realty Management Co. Inc. in a complaint brought against him and Century 21 Realty Management Co. by George and Matilda Kallingal.

The Kallingals claimed that Felix caused them at least $300 000 in damages after he was appointed as property manager for the estate following the couples’ filing of Chapter 11 bankruptcy protection on Oct. 5 2001.

The properties are apartment buildings in Lower Barrigada Heights. Court documents state the buildings were damaged in Typhoon Chata’an on July 5 2002 and Supertyphoon Pongsona on Dec. 8 2002.

According to the federal court order Century 21 Realty Management Co. was charged with collecting rents and providing reports addressing tenant issues maintaining the property paying for expenses related to the property and marketing and leasing vacant apartment units.

The Kallingals in the claim originally filed in the Superior Court of Guam allege that Felix failed to exercise reasonable care of their property following Typhoons Chata’an and Pongsona and asked for a jury trial to determine if compensatory damages are warranted and if an additional $300 000 in punitive damages should be awarded.

The allegations against Felix listed in the original complaint include failure to address tenant issues failure to use best efforts to collect rents failure to secure the property after typhoons to avoid vandalism and exposure to the elements.

The court will now hear a motion filed by Robert L. Keogh Felix’s lawyer and principal attorney in the law office of Robert. L. Keogh. Keogh is asking the court to dismiss the case as the Kallingals did not first obtain permission from the court. MBJ