BECAUSE the divorce proceedings in the Superior Court have not been finalized, Conrad Muna Sablan, through his attorney Brien Sers Nicolas, has asked the federal court to dismiss the lawsuit filed by Sablan’s ex-wife, Maria Verna Liza Sablan.
According to Nicolas, the divorce proceedings on which the plaintiff based her lawsuit are still pending in CNMI Superior Court.
“Associate Judge Kenneth L. Govendo, to date, has yet to enter a judgment as mandated by NMI R. Civ. P. 52. Stated differently, the plaintiff is before this court attempting to prosecute her claims that are not ripe for lack of a judgment. Accordingly, this Court must dismiss this lawsuit consistent with Rule 12(b)(6) of this Court’s Rules of Civil Procedure,” Nicolas said.
He added, “The plaintiff has failed to show to this court that she has any claims against the defendants herein upon which this court may afford her the reliefs she is asking for in her complaint.”
Nicolas also clarified that he is only representing Sablan Corporation, Sablan Construction Co. Ltd. and Conrad M. Sablan.
Another defendant, Sablan Enterprises, Inc., though attorney Joey P. San Nicolas, has joined Conrad Sablan in his motion to dismiss.
The plaintiff, Maria Verna Liza Sablan, through attorney Joseph Horey, has filed a complaint for declaratory and injunctive relief and damages against her former husband, Conrad Muna Sablan, in the District Court for the NMI.
In her lawsuit, she also named Sablan Corporation, Sablan Enterprises Inc., and Sablan Construction Co. Ltd. as defendants.
According to the lawsuit, on June 4, 2008, following a divorce proceeding, the CNMI Superior Court entered an order equitably dividing the parties’ marital property.
The court divided all the shares in the three corporations then owned by Conrad Sablan which he had acquired during his marriage to Maria Sablan.
These shares were divided equally between Maria Sablan and Conrad Sablan, the lawsuit added.
But since becoming a shareholder, Horey said, his client has received no notice of any shareholders’ meetings, no notice of any corporate elections, and no dividends or other share in any distribution of any profits or other funds from the three corporations.
Horey said his client, since 2008, owns 12,532 Sablan Corp. stocks; 750 stock shares of Sablan Enterprises; and 1,560 stock shares of Sablan Construction.
Horey said the three corporations are conducting their business, and have conducted their business, on an ongoing and continuing basis from 2008 to the present, as if his client were not a shareholder, and did not exist.
“On information and belief, any and all profits, dividends, benefits and other funds from the corporations that should have gone to plaintiff have gone instead to Conrad Sablan,” Horey added.
The plaintiff sued the three corporations for breach of fiduciary duty, accounting, aiding and abetting, and conspiracy.
She sued Conrad Sablan for unjust enrichment, conspiracy and conversion.
Maria Sablan is asking the federal court for a declaratory judgment finding that she is, and has been since the order of the Superior Court in Sablan v. Sablan, a shareholder of each of the three corporations, in at least the amount ordered by the local court in that case.
She also wants the federal court to issue a mandatory injunction requiring the defendants to provide her with all the rights, privileges, notices and funds to which a shareholder is entitled.
She is likewise seeking a mandatory injunction commanding the defendants to render an account to the plaintiff of their business dealings and asset management since the plaintiff acquired her shares, and render to her any balance found to be due to her.
Her lawsuit also demanded damages for emotional distress in an amount to be proven at trial.
