In the alternative, Lujan, through his counsel Ramon K. Quichocho, wants the federal court to transfer the case to the U.S. District Court for Guam.
Quichocho said the complaint filed by Hillbroom against Lujan should be dismissed “because it suffers from six fatal defects.”
Named also as parties to the case were attorney Barry J. Israel, who is based in Santa Barbara, California, and Keith A. Waibel, who resides in Morro Bay, also in California.
Quichocho said Hillbroom’s claims are barred by the final orders, judgments and decrees issued by the CNMI Superior Court in the Estate of Larry Lee Hillblom and by the Guardianship Court.
Hillbroom lacks standing to sue, Quichocho said.
The plaintiff also failed to join necessary and indispensable parties who are not subject to the jurisdiction of the U.S. District Court for the NMI, Quichocho said.
Hillbroom’s claims are barred by the applicable statute of limitations, Lujan’s lawyer said.
Quichocho further argued that the complaint should be dismissed because Hillbroom “failed to state a claim upon which relief can be granted and…because he has failed to plead fraud with particularity.”
According to Hillbroom’s attorney Mark B. Hanson, Lujan and Israel were lawyers retained to represent his client, while Waibel was one of the two trustees of Hillbroom’s estate.
Hillbroom, in his complaint, said his former attorneys took too much money from his $90 million estate.
One of the founders of DHL, Hillblom died in a plane crash in May 1995 and left an estate amounting close to $550 million.
A DNA test indicated that Hillblom was Hillbroom’s father.
