SUPERIOR Court Kenneth Govendo has ordered House Floor Leader Ralph N. Yumul to return to court on June 28, 2021 at 1:30 p.m.
Last year, Triple J Saipan Inc. sued Pacific Foods CNMI for non-payment of goods received amounting to $10,067.81 including interest.
Triple J, through attorney James R. Stump, filed the complaint last year and asserted 28 breaches of contract for various goods against Pacific Foods CNMI, the former operator of Ajisen and IHOP. Yumul is the president of Pacific Foods CNMI.
Triple J asked the court for judgment and damages in the amount of $9,166.60 for nonpayment of credit contract and $821.11 for interest. The plaintiff also asked for reasonable attorney’s fees and cost of suit.
In response to the lawsuit, Pacific Foods submitted the following statement to the court: “We received a Summon for Civil Action No. 20- 0216 on July 13, 2020. Pacific Foods LLC dba IHOP and Ajisen will be filing dissolution documents and giving notice to all our creditors. We understand we currently have outstanding obligations with Triple J Saipan. Pacific Foods has been hit hard with the Covid-19 pandemic and will not continue to do business. We are compiling an inventory all our assets, then we will be working with Mr. Vince Seman as we go through the dissolution process and file for Chapter 7 in the Federal Court.”
In Oct. 2020, Judge Kenneth L. Govendo issued a summary judgment and final judgement order in favor of Triple J. He also noted the failure of the defendant to appear in a Sept. 28, 2020 hearing.
The judge, based on the findings of fact and conclusion of the law, said Triple J is entitled to recover $9,166.60 and $821.11 for interests from Pacific Foods.
Judge Govendo also ordered Pacific Food to pay Triple J $2,700 in attorney’s fees.
In total, Pacific Foods was ordered to pay Triple J $12,687.81 including a 9% interest.
On March 3, 2021, House Floor Leader Yumul was served at the legislative building by court agents with a notice of hearing on request for order in aid of judgment in the same case.
On April 22, 2021, a $500 bench warrant was issued by Judge Govendo for the arrest of Yumul for failing to appear at a hearing set for April 16, 2021.
On May 26, 2021, Yumul posted a $500 bail and was released from custody. He was ordered to return to court on Monday, June 28, 2021 at 1:30 p.m. before Judge Govendo.
“The Defendant’s failure to appear in the hearing set above will result in a bench warrant being issued and forfeiture of the bail posted,” the clerk of court stated.
In March 2021, the Bank of Guam sued the former IHOP Saipan operators in Superior Court and demanded a payment of $317,238.28.
The bank named as defendants Pacific Pancakes (CNMI) LLC, dba IHOP, Pacific Foods (CNMI) LLC, former Sen. Ray Anthony N. Yumul, his brother House Floor Leader Ralph N. Yumul, and Juan B. Cepeda.
The defendants were sued for breach of contract, conversion, and unjust enrichment.
Ajisen Ramen and IHOP are seen in this photo taken in July 2016.
