Pelisamen faces another legal battle

Ousted Rita Kaipat estate administrator Luis K. Pelisamen has yet to be arrested as of yesterday afternoon pursuant to a bench warrant issued by Judge Juan T. Lizama, yet he is already facing another legal battle.

This time, Bank of Guam is suing him for allegedly refusing to pay $41,159.45 in loan plus interest and penalty, despite making promises to tender payments after receiving his administrator’s fee.

Bank of Guam, through counsel Gregory J. Koebel, sued Pelisamen for breach of contract, conversion, and unjust enrichment.

Koebel stated in the complaint that on July 27, 2005 the defendant obtained a $35,000 loan from Bank of Guam.

Koebel said the promissory note is secured by a partial assignment land compensation share from the estate of Rita Kaipat for Pelisamen.

Under the security agreement, the defendant was to pay off the note from amounts received from the Rita Kaipat estate.

The lawyer said that, after signing the security agreement, Pelisamen was awarded $161,500 in administrator’s fee from the Rita Kaipat estate, yet he paid none of this to the bank.

“Defendant is in default on the note. The defendant has failed to make any of the payments that are required under the note,” he asserted.

“Despite demand from plaintiff, defendant has failed and continuously fail to make the payments due,” Koebel added.

The bank asked the court to order that the assignment of income from the Rita Kaipat estate be implemented. Koebel said the proceeds of such assignment should be applied to the pay
ments of the balance due upon the judgment.

Lizama issued a bench warrant Tuesday ordering the Department of Public Safety to immediately arrest Pelisamen for contempt of court when he failed to show up in court.

The Rita Kaipat estate was awarded by the defunct Marianas Public Lands Authority $4.7 million in land compensation settlement. The amount was equally split among the estates of Rita, Isaac, and Benigno Kaipat.

On Nov. 25, 2005, Pelisamen and his former counsel Joseph Arriola opened a checking account in the amount of $1,377,058.39 at the Bank of Hawaii under the account name: Estate of Rita Kaipat. Some of the amount were distributed to certain heirs, while some were discovered missing when a check issued to another heir bounced due to insufficient funds.