YCO Corp. filed the complaint against Micronesian Health Corp., which is doing business as Island Medical Center, and five other individuals.
YCO, through its counsel Brien Sers Nicholas, is asking the court for judgment against the defendants for general damages in an amount to be proven at trial, for punitive damage, for award of reasonable attorney’s fees and costs of suit, and for any other remedies the court may deem just.
The plaintiff and the defendant executed a lease of a commercial building agreement on Oct. 30, 2008, where the defendant was to lease approximately 3,500 square feet of commercial space in a building owned by the plaintiff in Susupe.
The plaintiff said that as agreed, the defendant will pay a monthly rent of $3,000, a payment of $3,000 as security deposit and another payment of $3,000 as utility deposit.
The plaintiff said the defendant took possession of the space but handed plaintiff a check in the amount of $3,000 for security deposit only.
The defendant did not pay the agreed utility deposit.
The plaintiff said when they deposited the defendant’s check at the BankPacific, they were informed that the defendant did not have sufficient funds to cover the check yet the defendant continued to occupy the premises.
The plaintiff said the Commonwealth Utilities Corp. deducted $2,929.87 from the utility deposit with CUC to cover the defendant’s utility usage.
The plaintiff added that the defendant promised and continued to promise to pay its obligations but no payments were received by the plaintiff.
The plaintiff filed one count of fraud and one count of unjust enrichment against the defendants.
The plaintiff stated that the defendant should have known at the time they made the agreement that it did not have the financial means to cope with the payments.
The plaintiff said by continuing to use the premises and its utilities without paying for them, the defendant continues to unjustly enrich itself at the expense of the plaintiff.
