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    Wednesday, November 20, 2019-12:09:10A.M.

     

     

     

     

     

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Confidential settlement agreement reached in lawsuit against bank

THE parties in a lawsuit filed by a woman who sued Bank of Hawaii for not honoring her cashier’s check worth $290,000 have reached a confidential settlement agreement.

The parties, through their respective attorneys, filed a stipulation in the District Court for the NMI that the lawsuit has been resolved and request that it be dismissed with prejudice.

The plaintiff, Frances DLG Naraja, represented by attorney William Fitzgerald sued BOH in Superior Court in July 2018 for defamation and for not honoring a cashier’s check worth $290,000 that she bought at the bank.

BOH moved the lawsuit to the federal court citing diversity jurisdiction. BOH and Naraja are citizens of different states and the amount in question is more than $75,000, the bank said.

BOH also filed counterclaims against Naraja, her sister Gloria DLG Sablan, the Commonwealth Development Authority, and the Lorenzo I. Deleon Guerrero Family Trust.

BOH, in its third-party complaint, named Joaquin V. Deleon Guerrero and Margarita Deleon Guerrero Santos as defendants.

In the bank’s counterclaims, it alleged that Naraja’s brother Joaquin V. Deleon Guerrero, declared bankruptcy together with his wife, Esther, claiming in their bankruptcy filings that the true owner of the $290,000 was the Lorenzo I. Deleon Guerrero Family Trust.

BOH, through its legal counsel Sean Frink, asserted that Joaquin Deleon Guerrero made a similar claim in Superior Court proceedings in which CDA was pursuing Deleon Guerrero’s assets in order to enforce a $400,000 judgment.

It was in these same actions that CDA caused Superior Court to issue a writ that the $290,000 be deposited with the Superior Court, BOH stated.

The $290,000 has been with the Superior Court since Jan. 12, 2017, and no one has since laid claim to it, the bank added.

Because Frances DLG Naraja’s husband, Superior Court Presiding Judge Roberto Naraja, is hearing a litigation involving Federal Chief Judge Ramona V. Manglona’s family trust, she declined to preside over the matter.

The parties agreed to proceed with Magistrate Judge Heather Kennedy presiding over the litigation.

In their stipulation for dismissal, the parties requested that the court fast-track the proposed order dismissing the lawsuit with prejudice, and with each side to bear its own fees and costs.

CDA is represented by attorney Charity Hodson, the Lorenzo I. Deleon Guerrero Family Trust is represented by attorney Samuel Mok, Joaquin V. Deleon Guerrero is represented by attorney Timothy H. Bellas, and Margarita Deleon Guerrero Santos is also represented by attorney William Fitzgerald.