Consultant files libel and breach cases vs investors

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Posted on Feb 06 2006
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The owner of a consulting services company filed yesterday a libel lawsuit against a company and its officer over an alleged defamatory newspaper advertisement and for refusing to pay consultation fees and other services.

Keith W. Ada, owner of Ada’s Consulting Services, sued the Marianas Sunrise Enterprise Inc. that owns Neo Remington, and its officer, Toshihiro Takahashi, for libel or slander, and for breach of contract.

Ada, through counsel Joseph A. Arriola, asked the Superior Court to order the defendants to pay $29,025 plus interest, punitive damages, attorney’s fees, and court costs.

Arriola said in the complaint that sometime in the latter part of 2005, the defendants published in the Marianas Variety a public announcement informing the public that Ada “is no longer an employee” of the defendants.

Arriola said the announcement also stated that any transactions made by Ada would not be honored by the defendants.

Arriola said that Ada was not and never was an employee of the defendants. He provided services to defendants as an independent contractor, the lawyer added.

“Defendants maliciously communicated to the general public false and defamatory statements by placing said public announcement as if plaintiff was a terminated employee who was not trustworthy. The defamatory matter was understood by those persons to have such meaning,” Arriola said.

Arriola said that between December 2004 and June 2005, the defendants were engaged in the construction of a Japanese Temple at the Banzai Cliff. Ada provided consultation services and oversaw the project until its completion. As per the parties’ agreement, defendants were to pay Ada $10,000 for his services, Arriola said.

He said that between Feb. 5 and June 2005, Ada let the defendants use his 1992 4×4 Toyota pickup truck as part of the equipment to be used for the construction of the temple.

The defendants allegedly promised to pay for the necessary costs of repair and maintenance of the vehicle during and after the completion of the temple project.

As a result of the truck’s use, Arriola said, his client incurred costs for repairs and maintenance in the sum of $16,525.

The lawyer said that between February 2005 to September 2005, Ada also provided personal services to the defendants by helping them research documents for information in connection with a pending action initiated by Atom Action against Marianas Sunrise.

Ada allegedly incurred fees in the amount of $1,500, which Marianas Sunrise promised to compensate him.

Arriola said that between July 2005 and September 2005, Ada also provided services to the defendants by assisting them in a labor case filed by Eden Quizon. Ada reportedly incurred fees in the amount of $500 for such service.

Arriola said that on Sept. 16, 2005, Ada helped the defendants promote and attract customers to New Remington Club by coordinating with and securing sponsorship from Pacific Trading Co., Shell and Frozen Nipple.

The service fees that Ada incurred for organizing and arranging the promo right for the club was $500, Arriola said.

Despite repeated demands to be compensated for such services, costs to his truck, the defendants have failed to pay plaintiff the amount, the lawyer alleged.

The complaint said that, based on the calculated billing records, the total outstanding amount owed is $29,025.

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