Wiseman hears motion to dismiss legal malpractice lawsuit

Superior Court associate judge David A. Wiseman heard last week a motion filed by three lawyers and a law firm to dismiss a legal malpractice lawsuit filed against them by the parents and family members of the late teen beauty titlist Vinae Teofilia Deleon Guerrero.

After listening to the arguments by counsels on Thursday, Wiseman placed the motion under advisement.

Attorneys Robert O’Connor and Robert T. Torres argued for their clients-attorneys Joseph J. Iacopino, Gil Birnbrich, Colin T. Thompson, and Thompson’s law firm.

Attorney Robert H. Myers appeared for plaintiff Chazrae S. Deleon Guerrero.

The legal malpractice lawsuit was filed by Vicente M. Deleon Guerrero, Nadine S. Deleon Guerrero, and Chazrae S. Deleon Guerrero, against their former counsels-Iacopino, Birnbrich, Thompson, and Thompson’s law firm.

The Deleon Guerreros, through counsels Ramon K. Quichocho and Robert H. Myers, sued the defendants for breach of fiduciary duty, and breach of loyalty, among other claims.

Nadine and Vicente Deleon Guerrero are the parents of Vinae Deleon Guerrero, who died in May 2007 during a vehicular accident in Gualo Rai, Saipan.

Chazrae Deleon Guerrero is the sister of Vinae.

Vinae Deleon Guerrero was driving a car and had entered Middle Road when a flatbed truck (boom truck) heading north broadsided her car.

Iacopino and Thompson served as counsels for the Deleon Guerreros and other family members in their wrongful death lawsuit against the boom truck’s driver, Rabiul Islam, Pacific Drilling Ltd., Mid-Pac Micronesia, Bisnes Mami Inc., and other unnamed co-defendants.

Birnbrich used to work at Thompson’s law firm.

The lawsuit ended up in a settlement. The settlement, however, prompted the Deleon Guerreros to sue their former lawyers.

During Thursday’s hearing on the motion, O’Connor, counsel for Iacopino, said the problem with this lawsuit is there are no factual allegations that could justify a claim for punitive damages.

O’Connor argued that the complaint does not comply with the elements of causation and damages, which are essential to a legal malpractice lawsuit.

O’Connor said the plaintiffs filed the legal malpractice lawsuit because they just wished they got more money from the settlement.

In Iacopino’s legal pleadings, O’Connor said the complaint “contains a long series of purported factual allegations, but glaringly absent is any factual allegation as to how any plaintiff actually sustained any actual damages as a result of any negligent or wrongful act of Mr. Iacopino, or any allegation supporting the conclusion that he acted out of evil motive or reckless indifference to their rights.”

Torres, counsel for Thompson, his law firm, and Birnbrich, agreed with O’Connor the lawsuit should be dismissed because plaintiffs simply fail to allege facts backing up any of their claims.

“If it’s not in the complaint then we don’t consider it,” Torres said.

In the pleadings, Torres said Iacopino, an active member of the CNMI Bar who resides in the State of California, spoke to Thompson in 2008 about the possibility of assisting as local counsel in the wrongful death lawsuit.

Torres said Thompson filed the Deleon Guerreros’ lawsuit on June 11, 2008.

The case progressed through the litigation process.

However, Torres pointed out, Thompson was not actively involved in the case and Iacopino did little to communicate with Thompson regarding the status of the case despite Thompson’s efforts.

Torres said on June 15-16, 2009, Iacopino informed his client and his local counsel that the case had settled.

“Iacopino eventually turned the settlement monies over to the clients minus amounts for charges and loans that Defendants Thompson, Birnbrich, and Thompson Law Office had no part of,” Torres said.

Torres said there are no facts even remotely implicating Thompson, his law firm, and Birnbrich in whatever grievances plaintiffs may have against their principal off-island counsel Iacopino.

Myers appeared for the plaintiffs, but he did not make oral arguments.

In opposition to the motion, Myers said the plaintiffs have alleged sufficient facts upon which to state their claims and should be permitted to prove those facts.

In his legal pleadings, Quichocho said after settlement, Iacopino sent an email to Vicente Deleon Guerrero stating that Iacopino will repay himself the loans, estimated at $16,000 to $20,000, out of the settlement proceeds, but under the guise of a “reimbursement for costs advanced.”

Quichocho said Iacopino distributed the settlement proceeds without court approval or without the three clients’ informed consent.

“Mr. Iacopino then holds on to Chazrae’s money for approximately four months and tells her parents that none of them can have it due to some prohibition,” Quichocho said.

Clearly, Quichocho said, the allegations in the complaint justify punitive damages