FORMER CNMI Supreme Court Chief Justice Jose S. Dela Cruz and his wife Rita S. Dela Cruz have sued Gabriel F. Boyer, who is doing business as “Ginen Saipan,” in Superior Court, alleging breach of contract and unjust enrichment.
Represented by attorney Robert T. Torres, the couple wants the court to issue an order awarding them damages in the total amount of $58,958.11 for unpaid rent, cost of repair of the premises, and cost to replace missing office furniture.
The couple are the fee simple owners of Rita Building, situated on approximately 705 square meters of land in Garapan.
According to the lawsuit, on Sept. 16, 2009, Boyer and Mr. Dela Cruz executed a lease of improved real property for the premises, with a lease term of 35 years commencing on Oct. 1, 2008 and ending on Sept. 30, 2044 at a rate of $3,000 per month with incremental increases of 10% for each five-year period following the initial five years of the lease.
Article 17 of the lease provides that the plaintiffs may unilaterally terminate the lease upon non-payment of rental when due and within 15 days of a notice of default and failure to cure, or within 30 days of a notice of default for breach or default.
Boyer, the lawsuit stated, failed to pay any rent for the months of December 2020 through April 2021 in the amount totaling $18,150.
Boyer was served with a notice of default of lease agreement on Jan. 25, 2021. Subsequently, on March 23, 2021, the plaintiffs issued a notice of termination of lease agreement that was recorded in the Commonwealth Recorder on April 19, 2021.
Boyer surrendered the premises in April 2021, the complaint stated.
It added that Boyer “left the premises in complete disarray, including, among other things, stripping off all improvements and repairs from Rita Building and neglecting to secure all facilities from looting or exposure to natural elements.”
As a result of this neglect, Rita Building was left in a state of disrepair and the structural integrity of the premises has been compromised resulting in the plaintiffs expending substantial repair costs and expenses in the amount totaling $5,808.11, their complaint stated.
Furthermore, upon further inspection of the premises, the plaintiffs said they discovered that the original office furniture belonging to the plaintiffs had been removed from the premises. The office furniture has not been located, found, or returned to the plaintiffs who said that the estimated total cost of replacing the office furniture is $35,000.
Associate Judge Kenneth L. Govendo has recused himself from handling the case. He said his son is engaged to be married to the plaintiffs’ daughter.
