By Cherrie Anne E. Villahermosa
Variety News Staff

A MAN and a woman were sued for fraudulent misrepresentation, breach of contract and conversion for claiming to be the next of kin of a dead man and for asking money from the operator of a moped that killed the man in 2005.
Felipe Kalen and Antonia K. Satur were sued in Superior Court by William Kaipat in his personal capacity and as personal representative of Kimotosy Willy and on behalf of Tatsuya Oike.
Kaipat, through attorney George Hasselback, filed the complaint of fraudulent misrepresentation, intentional infliction of emotional distress, breach of contract, conversion and breach of fiduciary duty against Kalen and Satur on Tuesday.
The plaintiff is also requesting a jury trial.
The complaint stated that Kaipat is the brother of Willy who was killed on Jan. 31, 2005 when struck by a moped being operated by Oike.
Kaipat was appointed by the Superior Court to act as the personal representative for Willy’s estate.
Oike was sued by Kaipat for the wrongful death of Willy but the parties later agreed to settle.
Following the settlement, Oike assigned all his rights to recover monies from Kalen and Satur to Kaipat through an executed assignment.
The complaint alleged that Kalen and Satur approached Oike on Feb. 3, 2005 and claimed that they were the next of kin of Willy and authorized to represent Willy’s family and estate.
The defendants represented to Oike that they needed money to pay for the funeral and burial of Willy as well as other costs that arose out of Willy’s death.
Oike apologized to the defendants for the death of Willy and paid them $10,000.
The defendants also executed a document that purported to release Oike from any civil or criminal liability for the death of Willy.
The complaint stated that the defendants were not next of kin of Willy nor were they authorized to represent Willy’s family or estate.
Kaipat filed a lawsuit against Oike in federal court.
During the course of negotiating a settlement on behalf of the estate of Willy, Kaipat inquired regarding Oike’s willingness to provide some monetary compensation to cover costs associated with Willy’s funeral, burial and other miscellaneous costs associated with his death.
Oike’s lawyer informed Kaipat that he had paid Kalen and Satur $10,000 for these expenses.
Kaipat then approached the defendants and inquired about the whereabouts of the money that they got from Oike and demanded that this money be turned over to the estate of Willy.
The complaint stated that the defendants refused and to this date, have not given any of the money to Kaipat and have not paid any of the costs associated with the funeral and burial of Willy.
Kaipat covered the costs of Willy’s funeral, burial and other miscellaneous costs associated with Willy’s death out of his own pocket.
The complaint stated that the intentional acts of the defendants “were extreme and outrageous and were done in reckless disregard of the probability of causing Kaipat and Oike severe emotional distress.”