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    Tuesday, July 17, 2018-8:07:54P.M.

     

     

     

     

     

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Judge grants former Speaker Lifofoi’s motion for preliminary injunction

SUPERIOR Court Judge Pro Tempore Alberto C. Lamorena III granted former Speaker Jose R. Lifoifoi’s motion for a preliminary injunction against his daughters whom he has accused of distributing assets and shares of their company without his consent.

Lifoifoi sued Quad L company and its two directors, his daughters Ignacia Evangelista and Remedio Pangelinan, for unlawful conversion, unlawful taking, breach of fiduciary duty, and removal of directors by judicial proceeding.gavel&scales03L

Lifoifoi is represented by attorney Charity Hodson while Evangelista and Pangelinan are represented by attorney Benjamin Petersburg.

 In his order, Judge Lamorena stated that all four preliminary injunction factors supported Lifoifoi’s application.

Lifoifoi’s claims are not likely barred by the statute of limitations, the judge added.

 On its face, he said the plaintiff’s claims appear to be time-barred because the allegations accrued sometime in 1998 or 1999 when Lifoifoi’s ownership interest in Nha Thrang, which later became Quad L, was allegedly transferred to his children.

Lamorena agreed with Lifoifoi’s argument that his claims were covered by the fraud exception. “When fraudulent concealment has occurred then the applicable statute of limitations is tolled until the person entitled to bring suit discovers or had reasonable opportunity to discover that he or she has a cause of action,” the judge said.

 “Tolling is likely appropriate in this case because corporate fiduciaries are alleged to have impermissibly transferred shares and corporate assets to themselves without lawful authority to do so,” he added.

Evangelista and Pangelinan said their father was “making totally unsupported and spurious allegations against his own children.”

 They said their father had long been notified of the transactions and had actually approved them.

After hearing the arguments from both parties, Judge Lamorena found that the threat of irreparable harm, balance of hardships, and effect on the public interest weigh in favor of Lifoifoi’s plea for a preliminary injunction.

 The judge ordered Evangelista and Pangelinan not to distribute any dividends and/or transfer liquid corporate assets beyond those payments which are carried out in a regular course of business. But the two can still receive their normal paychecks and can continue to pay employees and the like, the judge added.

The defendants are likewise ordered not to transfer and/or encumber real estate owned or controlled by the corporation.

Judge Lamorena, moreover, ordered the parties to begin a mandatory mediation process.