The plaintiff, Byung Kook Choi and Pacific Rota LLC, filed the complaint against attorney Ramon K. Quichocho and his wife Frances, Vianney Hocog, Fidel S. Mendiola and his wife Abelina, Jung Ja Kim and his daughter Dan Bi Choi.
The plaintiff, through his counsel Steve Woodruff, is asking the court to issue a temporary restraining order to restore them to their business premises and to keep the defendants from interfering with their businesses.
He is also asking the court to keep the defendants at least 200 meters away from Rota Poker 11; to issue a preliminary injunctive relief to maintain their status quo after restoring his businesses and to protect his businesses from any threat to person or property.
The plaintiff is further asking for declaratory judgment to the rights of the parties to the properties at issue; for judgment against the defendants for general, compensatory, incidental, consequential and punitive damages at an amount to be proven at trial, for post-judgment interest, attorney’s fees and costs, and other relief.
The plaintiff filed 19 causes of action against the defendants for interference with prospective advantage and contractual relations, trespass, wrongful ejectment, civil breach of peace, conversion, conspiracy, breach of contract, fraud, for eye poking assault, screwdriver assault, and false imprisonment.
Woodruff said Choi entered into a contract with Abelina Mendiola, the owner of the building where his poker house was located under a five-year lease agreement from Sept. 30, 2004 to Sept. 30, 2009.
Choi said he was called to a meeting on Oct. 26, 2008 with Mendiola and the other defendants at a restaurant in Songsong.
Choi said during that meeting, Quichocho and Hocog asked him if they can run the business together.
He said when the meeting was over, Quichocho blocked his car so he could not go anywhere.
He also said Quichocho told him he called the police.
Choi added that when the police arrived, Quichocho and the police talked for a long time in Chamorro.
Choi said Quichocho told him to return the 10 poker machines that were under Dan Bi Choi’s name or else he will be jailed.
Choi said the 10 poker machines were certified under his company but Ja borrowed the machines from him.
He said Ja then changed the ownership of the machines under her daughter’s name.
He said on Oct. 7, he learned that Quichocho’s wife Frances already held ownership of the Rota 11 business premises as of Oct. 1
Choi added that on Sept. 25, 2008, Abellina Mendiola asked him for the original lease contract after telling him she had lost her copy but when he asked for the contract later, she screamed back at him saying she had lost it.
He added that the defendants threatened to send him to jail if he would not cooperate with their plans.
He said Quichocho poked his eyes twice before and went to Poker 2 in Sinapolo then kicked out five customers who were in the room.
He said Quichocho asked him to change a $100 bill so he could play poker.
Choi added that Quichocho hired a security guard who kicked him and his employees out of the Poker 2.
He said he called for police assistance but the responding officers refused to step into the dispute.
Choi said there was still money in the poker machines when he was kicked out of Poker 2 which Ja took without permission.
But Quichocho has also filed a lawsuit on behalf of his wife and company, Tan Dingo LLC, against Choi and five other co-defendants for conversion.
Quichocho asked the court to order Choi and his co-defendants to pay them damages for lost earnings, for a temporary restraining order and injunction order to restrain Choi from selling or inflicting any damage to the 10 poker machines at Rota Poker 11.
Quichocho stated that Choi already sold and transferred the ownership and rights of the 10 machines to Tan Dingco for $25,000 as evidenced by a written bill of sale on Oct. 7, 2008.
Quichocho said Choi took the machines out from Sinapalo Poker and brought them to Rota Poker 11 in Songsong on Oct. 13, and continued to manage the business without report any income.
