Man wants couple evicted from property

A man who claimed title to a parcel of land in Chinatown, Saipan asked the Superior Court on Wednesday to evict from the premises a couple, one of whom was responsible for the property’s improvements.

Jasmer Moses filed with the Superior Court a civil action against Bruno and Olga Dalla Pozza, who earlier sued the plaintiff’s mother for eviction.

In a complaint, Moses’ lawyer, Michael Dotts, said Moses’ mother, Rose Marie Moses-Arnold, purchased the property through funds obtained through a bank loan in 1978. Dotts said the mother caused the land title to be placed in the name of Jasmer, who was a minor at that time.

During that year, the plaintiff’s mother was married to the brother of Bruno Dalla Pozza, according to Dotts. The lawyer alleged that the Dalla Pozzas were indebted to plaintiff’s mother at that time.

To satisfy the debt, the defendants agreed to take over the payment of the bank loan, Dotts said. He said the Dalla Pozzas constructed improvements on the property—including a two-storey, single-family dwelling, three- and two-storey apartment complexes, a swimming pool, and an orchid plantation—over the next several years. Dotts said that the defendants knew that they had no legal title to the land at the time the improvements were made.

“Since late 1978, tenants have exclusively managed and controlled the property, keeping all rental income derived from the premises for themselves,” Dotts said. “In October 2004, tenants sought an order evicting plaintiff’s mother from the property for her alleged failure to pay any compensation for occupying the premises.”

Dotts said that the plaintiff, who reached the age of majority in 1993, did not grant the Dalla Pozzas permission to sue his mother.

The lawsuit against the mother prompted the plaintiff to seek eviction of the Dalla Pozzas from the property, who were notified Tuesday that the permission to remain in the property had been revoked. The plaintiff gave the Dalla Pozzas 30 days to vacate the premises.

“Tenants did not surrender the premises to [the] plaintiff. Tenants remain on the premises and have continued with their legal action to evict plaintiff’s mother even though tenants have no right, title or interest to the premises,” Dotts said.