Imperial Pacific moves court to dismiss Tropical Gardens’ lawsuit

The Imperial Pacific International (CNMI) LLC yesterday moved the federal court to dismiss the lawsuit filed by Tropical Gardens Inc. over alleged failure to pay supply and installation services for plant materials at its Imperial Resort and Casino project in Garapan.

Imperial Pacific, which is doing business as Best Sunshine International, Ltd. though counsel Robert J. O’Connor, asserted that plaintiff Tropical Gardens has failed to join parties necessary and indispensable to this court action under Federal Rules of Civil Procedure.

In Imperial Pacific’s affirmative defenses, O’Connor pointed out that any injuries or damages allegedly sustained by Tropical Gardens were caused solely by the conduct of third persons, entities, or parties for whose conduct Best Sunshine is not responsible.

O’Connor said any injuries suffered or damages allegedly sustained by plaintiff were caused solely by plaintiff’s own breaches of contract or inactions, and not by the actions or omissions by Best Sunshine.

The lawyer said the complaint fails to state a claim against Best Sunshine in that it fails to allege that Tropical Gardens has complied with all of the terms and conditions of the contract.

O’Connor also stated that Tropical Gardens acted as a volunteer with respect to the costs it alleges it suffered as damages, and is therefore precluded from recovery of any such damages under the voluntary payment doctrine.

In Imperial Pacific’s answer to the complaint, O’Connor stated, among other things, that Best Sunshine admits that it submitted an invoice for $236,522, but as to all other allegations in that specific paragraph in the complaint, Best Sunshine is without sufficient information to admit or deny, and on that basis denies these allegations are true.

Tropical Gardens claimed in that paragraph that in early November 2016, and because Tropical Gardens had nearly exhausted its cash reserves, the company submitted an invoice for $236,522 to Imperial Pacific.

Tropical Gardens, through counsel Daniel Guidotti, is suing Imperial Pacific International, which is doing business as Best Sunshine International, and 10 unnamed co-defendants, for breach of contract, promissory estoppel, and unjust enrichment.

Guidotti asked the court to hold Imperial Pacific and co-defendants liable to pay the company money sufficient to compensate for lost profits and out-of pocket expenses under the supply and installation contracts.

As a result of non-payment, Tropical Gardens allegedly released more than half of its workers a few days before Christmas 2016, used all of its cash reserves, halted its performance under the supply purchase order and the installation bid, and incurred taxes and other debts that the company cannot pay.

To date, the lawyer said, Imperial Pacific has not repaid Tropical Gardens for any sums that the latter expended for those services for phoenix palms.