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    Monday, November 20, 2017-10:44:49P.M.

     

     

     

     

     

Defendant asks court to dismiss him from UB40 concert lawsuit

ONE of the defendants in the lawsuit filed over a canceled UB40 concert has asked the federal court to dismiss him from the case.

Jason H. Aldan, a former CNMI resident now based in Hawaii, through attorney Robert T. Torres, said the plaintiff, Steven Brownstein, has not alleged facts to show that he was enriched and had benefitted from the cancelled concert.

Brownstein, who is doing business as Steven Brownstein Entertainment, sued Jason H. Aldan, Fredrick Holloman and other individuals in federal court for defrauding his firm of $115,000 by misrepresenting that they could bring the English reggae and pop band UB40 to perform on Guam and Saipan in 2015.

Torres said the claim of Brownstein that Aldan used the money for his personal benefit is contradicted by the plaintiff’s complaint.

Brownstein’s complaint, Torres added, is nothing more than a conclusory allegation.

Moreover, Torres said, Brownstein has not pled a single fact that rises above the level of speculation that Aldan knew or believed that the matter was not as he represented.

Torres said Brownstein’s single factual allegation of misrepresentation regarding Aldan is that the latter misrepresented to Brownstein that the deposit had been made to UB40 and that UB40 would perform on Saipan and Guam.

Torres said Brownstein has not pled a single fact to show that Aldan knew or believed that the deposit had not been made to UB40 and that UB40 would not be coming to Saipan or Guam.

Torres said Brownstein has alleged that Aldan put the deal together, but has not alleged any contractual relationship with Aldan.

Brownstein’s contract was with Holloman, Torres added.

He said Browstein affirmed that he wired $37,000 to Aldan, which the latter wired to Holloman two days later.

Based on these facts, Torres said, Brownstein claimed that Aldan conspired with Holloman and other defendants to defraud Brownstein.

But in order to meet the pleading requirements of fraud, Torres said Brownstein’s complaint must state the time, place, and specific content of the false representations, as well as the identities of the parties to the misrepresentation.

Torres said Brownstein has not indicated the dates or times of any of Aldan’s alleged misrepresentation.

Factual allegations must rise above the level of mere speculation, and unjust enrichment requires that the allegedly enriched person received a benefit, the lawyer said.

He noted that Brownstein has already established that Aldan sent the $37,000 to Holloman in California and that it was Holloman who had the money and kept it.

Brownstein has sued the defendants for fraud, breach of contract, and unjust enrichment.