Claims vs Hawaii resident dismissed

The federal court has dismissed the two claims filed against a former CNMI resident now based in Honolulu by an entertainment company over a failed concert by the reggae and pop bond UB40 in Guam and Saipan in 2015.

In an order on Wednesday, U.S. District Court for the NMI Chief Judge Ramona V. Manglona dismissed Steven Brownstein Entertainment’s claims of fraud and unjust enrichment against Jason H. Aldan.

The judge found the allegations against Aldan to be insufficiently pleaded, that nowhere in the complaint states that Aldan kept any of the funds that Brownstein transferred to him, or that Aldan profited from the deal.

“Therefore, the unjust enrichment claim fails,” she said.

Manglona allowed Brownstein to amend the fraud and the unjust enrichment claims, giving the company until Dec. 13 to do so. Otherwise, Aldan will be dismissed from the case.

Last April, Brownstein sued Aldan and Fredric Holloman and 10 others for allegedly defrauding it of $115,000 by misrepresenting to have the UB40 perform in Guam and Saipan in 2015.

Aldan, a former CNMI resident, now lives in Honolulu. He is involved in the entertainment business operating as RawCandyHawaii, according to the lawsuit.

Holloman, a resident of the California, is allegedly engaged in business through an entity known as Shae Entertainment/Management in La Jolla, California.

Brownstein is demanding damages, interest, and court costs.

Aldan sought to have the lawsuit dismissed. His lawyer, Robert T. Torres, pointed out that Brownstein’s claim that Aldan used the money for personal purposes along with the other defendants is not only contradicted by his complaint, “it is nothing more than a conclusory allegation.”

Brownstein’s complaint alleges that Aldan lied about two things: that the $37,000 Brownstein transferred to Aldan’s Bank of Hawaii account on July 22, 2015, would be used to secure the appearance of UB40 on Saipan and in Guam; and that Aldan and Holloman allegedly told Brownstein that the “artist deposit” had been made and that UB40 would perform on Saipan and in Guam.

In her order, Manglona said the first allegation is silent as to place nor does it indicate whether the misrepresentation was made in a face-to-face meeting on Saipan or in Hawaii, or by telephone or email or other means.

Manglona said the content of the misrepresentation is given, but the complaint is devoid of any indication that Aldan knew it was false.

The judge said Brownstein does not allege any pecuniary or other motive that would allow the inference that Aldan knew Holloman would misuse the funds.

Manglona said the second of the allegations is clearly insufficiently pleaded.