A LANDOWNER based in the State of Washington yesterday filed an $11.7 million lawsuit against U.S. District Court Judge Alex R. Munson and a lawyer for allegedly depriving him of his real properties on Saipan.
John S. Pangelinan sued Munson and attorney Charles Rotbart for alleged violation of his constitutional rights, fraud, wrongful interference of his rights to possession of properties, wrongful use of civil proceedings, wrongful contract interference, and conspiracy to commit wrongful acts.
When contacted by Variety yesterday afternoon, Rotbart said he could not comment because he still had to read the court documents filed by Pangelinan.
Last May 24, Munson ordered Pangelinan to appear in court and explain why he should not be found in criminal contempt for allegedly disobeying the court’s order pertaining to a civil case.
Pangelinan, in a 26-page pro se complaint, asked the court yesterday to order Munson and Rotbart to pay him $10 million in punitive damages and $900,000 in compensatory damages for alleged permanent deprivation of his real properties.
The plaintiff also sought for compensatory damages in the amount of $31,661 for lost rents, $688,756 for future unrealized rents, and $100,000 for his physical, mental and emotional pain and suffering.
Pangelinan demanded a jury trial in his case.
In 1997, Rotbart representing some clients, filed a lawsuit against Pangelinan, his wife, and Papa’s Limited alleging fraud, and violation of the federal Racketeer Influenced and Corrupt Organization Act.
Pangelinan said in March 2000, Munson entered his amended judgment against all of the defendants in the amount of more than $270,000 for Rotbart’s clients.
According to Pangelinan, Munson stated that the Pangelinans defrauded Rotbart’s clients because Papa’s owed wages to the plaintiffs, who were promised to be paid their wages. Further, Papa’s was not able to pay them their wages because all its assets were transferred to Pangelinan.
The plaintiff explained that in 1996, he and his wife, as landlords, entered into a lease contract with Saipan Cable TV as tenant for the 1,401 sq. meters of land in Garapan.
He said that in 1997, Saipan Cable assigned all its rights under the lease agreement and conveyed the land to Marianas Cable Vision, Inc.
MCV subsequently assigned all its rights under the lease agreement and conveyed the land to Marianas Seaside Development Corp.
Pangelinan said that beginning July 2001 up until the filing of his complaint, tenant had not paid rent to him and that the rent in arrears amounted to $31,661.
He said the rent was his sole source of income.
He alleged that in April 2001, Munson appointed John B. Joyner, not a U.S. Marshal, to conduct execution sales of the subject real properties and to give notice of sale twice only in a span of 10 days.
No writ of execution, however, was issued for execution on the properties in the enforcement of the judgment, Pangelinan alleged.
Pangelinan said that in June 2001, after his two attempts and numerous objections over the sale, Joyner sold the fee simple determinable interest in the lot for $80,000, the beach lot for $50,000, the 1501 sq. meters of view lot for $40,000 and the 23,979 sq. meters of panoramic view lot for $40,000 to Rotbart’s clients.
Pangelinan said Rotbart’s clients are non-NMI descents not qualified to hold “fee simple determinable interests” of land in the CNMI.
He said Rotbart filed a motion for confirmation of the sale, stating that his clients bought a “fee simple determinable interest” for a 55-year period and upon termination of the 55-year period, the properties will automatically revert to Pangelinan.
Pangelinan said that when he attempted to evict his non-paying tenant from Garapan lot on July 26, 2001, he was incarcerated by the police for trespassing.
He said that last May 17, 2002, without motion from anyone, Munson ordered that all further rental payments be made to the court registry.
He said Munson also ordered that future tenant’s deposits be immediately released to Rotbart without further orders.
