On April 20 2004 Kanazawa Corp. and Eseco Ltd. filed a lawsuit in the Superior Court of Guam against Siwoo Corp.; The complaint names Siwoo Corp.; Back Seol Seong president of Siwoo; Bum Park vice president of Siwoo; John M. Pearson sole proprietor of Pacific Demolition and Dismantle; and Masayuki Isoda as defendants.
According to the documents Attorney Carlos L. Taitano represents the plaintiffs. Representing Pearson is Lawrence J. Teker attorney with the law firm Teker Civille Torres & Tang PLLC. Representing defendants Siwoo Seong and Park is Peter J. Sablan attorney with the law firm of Lujan Aguigui & Perez LLP.
In the lawsuit Kanazawa and Eseco alleged that on March 2 2004 Eseco conveyed to Kanazawa by warranty deed the real property in dispute. The complaint states on March 8 2004 Kanazawa registered the deed at the Department of Land Management. Then on March 10 2004 Siwoo Seong or Park allegedly registered documents at the Department of Land Management “Signed by Siwoo and apparently by Isoda (purportedly on behalf of Eseco) but acknowledged solely by Siwoo purporting to lease the property to Siwoo.” The complaint claims Isoda was neither a stockholder director nor an officer of either Kanazawa or Eseco and did not have the authority to lease the property.
The complaint states that Siwoo Seong Park or the other defendants “Without any right or authority of law without any consent by either of the plaintiffs and against the will of the plaintiff recklessly willfully or deliberately trespassed and entered and is or are in possession of the property invaded the rights of the plaintiff to the property ousted the plaintiff from the property and continue to withhold possession of the property from the plaintiff.”
It also alleged that “Against the will of the plaintiff Pearson procured a business license from the Department of Revenue and Taxation Government of Guam to do business on the property recklessly willfully or deliberately trespassed and entered and is in possession of the property invaded the rights of the plaintiff to the property ousted the plaintiff from the property and continues to withhold possession of the property from the plaintiff.”
Kanazawa and Eseco claimed “The defendants recklessly willfully or deliberately and repeatedly and continuously use store or maintain large quantities of equipment scrap metal construction materials rubbish toxic or hazardous substances or other similar materials on the property contaminating the property or diminishing the value of the property and thus caused and are causing injury to the property and the rights of the plaintiff therein.”
The plaintiffs asked the court that the defendants be “Enjoined during the pendency of this action and permanently thereafter from using storing or maintaining equipment scrap metal construction materials rubbish toxic or hazardous substances or other similar materials on the property.”
They also asked that “The possession of the property shall be delivered and restored to the plaintiff. The agreement is null and void and is canceled or set aside as a cloud upon the plaintiff’s title to the property. The defendants have no right estate title lien or interest in or to the property or any portion of the property. The defendants and all persons claiming under the defendants are permanently enjoined from asserting any claim adverse to the plaintiff’s title to or ownership of the property. The plaintiff is the fee simple owner and is entitled to peaceful possession of the property.”
Kanazawa and Eseco are also seeking damages in the amount of at least $200 000 for the devaluation of the property and $500 000 for the reckless acts of the defendants.
On May 21 2004 Pearson filed an answer at the Superior Court of Guam to the complaint brought against him. On June 15 2004 Siwoo Corp. Seong and Park also filed an answer at the Superior Court of Guam to the complaint. In those answers Siwoo Seong and Park admit to filing a document which was signed by both Siwoo and Isoda entitled “Agreement” at the Department of Land Management leasing property to Siwoo. Pearson claimed that he had a lease to the property in question and had the full right and authority to go onto the property. He requested that the complaint be dismissed and that he have all other and further relief that he is entitled to.
Siwoo Seong Park and Pearson all deny the allegations of entering onto the property or possessing it unlawfully invading the rights of Kanazawa and Eseco to the property ousting Kanazawa and Eseco and withholding the property from the plaintiff.
The defendants Siwoo Seong and Park claim that the complaint failed to state a claim upon which relief may be granted and that the plaintiffs’ claims are barred by the doctrine of unclean hands and its failure to mitigate its damages. The answer also states the claims are barred due to fraud and due to the license (lease agreement).
On July 14 2004 Kanazawa and Eseco filed an ex parte motion for an order for service by publication and mailing. The ex parte motion stated Isoda “has departed from Guam and cannot after due diligence be found in Guam.
The motion was granted on July 23 2004 in an order from Judge Steven S. Unpingco of the Superior Court of Guam. According to the document Unpingco ordered the service of process upon the defendant Masayuki Isoda by publications of general circulation “which are most likely to give notice to the defendant;” and that the publication of the amended summons be made at least once a week for two weeks. Unpingco also ordered the plaintiffs or their lawyer to mail a copy of the amended summons and the first amended complaint to Isoda at his last known address.
On Sept. 29 2004 Kanazawa and Eseco filed a request for entry default because Isoda failed to answer the complaint even when the summons ran in the local publications and the summons and the complaint were mailed to him. Because Isoda was served with the amended summons and the first amended complaint and failed to appear or submit an answer to the complaint the court granted the plaintiff’s request on Oct. 4 2004.
The bench trial for the case is scheduled for June 21 2006. The case is assigned to Judge Elizabeth Barrett-Anderson of the Superior Court of Guam. MBJ
