THE federal court has granted the motion of James Whang, doing business as South Pacific Lumber Company or SPLC, for a partial summary judgment in its lawsuit against Imperial Pacific International LLC for non-payment of lease.
Chief Judge Ramona V. Manglona of the District Court for the NMI on Tuesday awarded SPLC partial judgment in the amount of $267,353 for damages plus post-judgment interest.
Judge Manglona said SPLC was entitled to rent due between March 2020 and May 2021, from the period in which IPI stopped paying rent and fees to when the lease agreement expired.
She said SPLC does not submit any legal arguments for any relief past the expiration of the lease agreement, and the court will not supplement those arguments for the plaintiff.
The court, however, included total utilities owed and interest allowed for under the lease agreement and permitted by Commonwealth law for the identified period.
The judge granted SPLC’s partial summary judgment for its breach of contract claim for the 15 months of non-payment of rent ($243,600), unpaid utilities ($6,701), and interest fees at 1% per month ($17,052) for a total amount of $267,353.
“Because there is no genuine dispute of material fact, partial summary judgment is entered in favor of SPLC as to IPI’s liability for breach of the lease agreement,” Judge Manglona added.
Whang and SPLC, through attorney Colin Thompson, sued IPI for breach of contract, holdover tenancy, and unjust enrichment.
According to the complaint, IPI was the tenant of a commercial warehouse space identified as Building B and Building C on Lot No. 057 E 29, Lower Base, and plaintiff was and is the owner of the leasehold interest of Lot No. 057 E 29.
IPI leased the premises from SPLC by execution of a lease agreement on May 8, 2015.
