By Cherrie Anne E. Villahermosa
Variety News Staff

THE Superior Court has issued a partial ruling in favor of a shareholder and the product manager of a construction firm sued by a landowner who claims he was not paid for backfill material that was quarried on his land in connection with the Rota airport runway project.
Judge Juan T. Lizama, in an order on Thursday, granted in part the motions of defendants Brian Chen and Yee Chee Keong of OKP Holdings Limited.
Chen and Yee moved for the dismissal of the breach of contract suit filed against them by Dr. Paterno “Larry” B. Hocog.
Lizama said the amended complaint lacks allegations suggesting that Chen or Yee was personally responsible for the contract with the plaintiff.
The judge said this cause of action was dismissed with respect to all the defendants except OKP.
“Should there emerge evidence providing justification for piercing the corporate veil, Hocog may petition for leave to amend,” Lizama said.
He also granted Chen and Yee’s motion to dismiss the claim of waste and conversion of soil and other minerals.
The defendants’ motion to dismiss or strike the negligence claim was granted in part.
The portion of the claim alleging lack of permits was dismissed.
The allegation of no consent was also stricken, but the plaintiff has 30 days to amend the complaint to allege a lack of consent with respect to an intentional tort.
Chen and Yee’s motion to dismiss the claim of unjust enrichment was granted for lack of specific allegations suggesting personal enrichment.
The plaintiff, however, may petition for leave to amend if evidence of personal enrichment later arises.
Chen and Yee’s motion to dismiss the nuisance claim was granted, Lizama said, “as nuisance cannot originate on the claimant’s property.”
However, OKP’s motion to strike the prayer for relief was denied.
Lizama also denied Chen, Yee and OKP’s motion to dismiss fraudulent misrepresentation and motion to strike paragraphs 74e, 74g, 76e, 76g, and 82 in the amended complaint “for it does not substantially differ from those in the original complaint.”
Lizama said the Commonwealth Ports Authority’s motions are continued until it answers the complaint.
CPA has 20 days to answer any second amended complaint of the plaintiff or 30 days in the absence of a second amended complaint.
CPA, OKP (CNMI) Corp., OKP Holdings Limited, or OKP Singapore, and shareholders Kim Peow Or, Toh Wat Or, Enc Nam Oh, He Kheng Soh, Brian M. Chen, Yee Chee Keong and individuals identified only as “Does 1-20” were sued by Hocog for breach of contract, fraudulent misrepresentation, waste, conversion of soil and other minerals, permanent trees and plants, negligence, negligent entrustment, intentional and or negligent infliction of emotional distress, unjust enrichment, nuisance, indemnification, principal agent liability and punitive damages for destruction of land and non-payment for backfill material that was quarried from land belonging to Hocog in connection with the Rota airport runway project.
Hocog owned the lot excavated for backfill material by the construction firm.
OKP Holdings Limited is the alter ego of OKP CNMI Corp. Kim Peow Or, Toh Wat Or, Enc Nam Oh, He Kheng Soh are shareholders of OKP and are based in Singapore.
Brian Chen is also a shareholder and is the resident manager for OKP.
Yee Chee Keong is the project manager for OKP who gave instructions and supervised OKP’s employees during the excavations on the plaintiff’s land.