DAVID Lujan’s motion to dismiss is not only filed well past the deadline, but is “yet another of his blatant and sanctionable attempts to waste the time and effort of the federal court and to cause plaintiff further expense and embarrassment,” attorney Rachel Dimitruk said.
David Lujan
Dimitruk and attorney Mark Hanson represent Junior Larry Hillbroom in his lawsuit against his former attorneys Lujan and Barry Israel for legal malpractice, negligence, breach of fiduciary duty, fraud, and violations of the Racketeer Influenced and Corrupt Organizations Act.
The lawsuit has been ongoing since 2010.
Lujan recently asked the federal court to dismiss with prejudice the lawsuit because of Hillbroom’s recent criminal arrest.
Dimitruk opposes Lujan’s motion, which she said is in violation of the Federal Rules of Civil Procedure.
“Lujan’s untimely, abusive, rehashed motion advances arguments already rejected by the court in numerous prior rulings in this case including a decision related to Junior testifying remotely,” she added.
“Plaintiff has patently not failed to prosecute this action and is diligently seeking a resolution either by settlement or a trial on the merits, despite his present personal circumstances,” Dimitruk said.
“Contrary to Lujan’s groundless and conclusory overtures in the motion, throughout the entirety of this case, JLH and his counsel have diligently overcome numerous, similarly frivolous dispositive motions filed by or joined in by Lujan and numerous other attempts by Lujan, himself, to delay these proceedings indefinitely,” she said.
Lujan, who represents himself in the litigation, told the court that Hillbroom or JLH is not expected to return to the jurisdiction and attend the trial scheduled for December 2021, or soon thereafter.
Lujan said JLH was indicted in Idaho on July 15, 2020 on the charge of conspiracy to distribute methamphetamine.
“If convicted, plaintiff is subject to a mandatory minimum term of 10 years to life imprisonment,” Lujan said.
In addition, JLH is still a fugitive from Palau, where he would face the possibility of a 30-year sentence if he returned there, Lujan said.
“In light of the foregoing, trial in this matter will probably be further delayed with no end in sight, due solely to plaintiff’s intentional and criminal conduct,” he added.
Israel and Lujan represented JLH when he was a minor in securing $90 million from the Larry Lee Hillblom estate. When he became an adult, JLH sued his former lawyers for malpractice as well as his former trustee, Keith Waibel, for conspiracy.
JLH is one of the four DNA-proven heirs of DHL Corp. founder Larry Lee Hillblom who died in a plane crash in May 1995 near Saipan, leaving behind him an estate estimated at about $600 million.
JLH has accused the defendants of committing “extrinsic fraud” on the Guam guardianship court by denying him a fair opportunity to challenge their 56% retainer.
In July 2020, JLH agreed to dismiss Israel from the lawsuit after a settlement agreement was reached.
In his motion to dismiss, Lujan also informed the court about JLH’s attempts to mislead the Idaho court of his fugitive status and financial ability to retain legal counsel.
“Plaintiff’s custody is the result of purposeful conduct on his part, and his fugitive status was also clearly his choice,” Lujan said.
Following his criminal conviction in Palau in 2018 for conspiracy to traffic methamphetamine, JLH became a fugitive when he refused to enter a drug treatment center as ordered, and a warrant for his arrest was issued, Lujan added.
“Plaintiff was believed to be somewhere in the western United States. Plaintiff remained a fugitive at large until his arrest in Idaho on July 15, 2020,” Lujan said.
But according to Dimitruk the court has already ruled that JLH may testify remotely and that his status, whether fugitive or not, does not justify dismissal of the action.
Dimitruk said JLH is ready to proceed to trial. “Lujan’s motion is another attempt by Lujan to smear JLH in the eyes of the court and the public and to distract from the fact that Lujan stole millions of dollars from JLH when JLH was a drug addicted child in Lujan’s care,” she added.
“The motion should be denied and Lujan sanctioned.”
