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Judge denies IPI motion to dismiss Goodwin’s suit
A motion to dismiss a lawsuit filed by a real estate company against Imperial Pacific International (CNMI LLC) for alleged non-payment of $100,000 in broker’s fee has been dismissed.
In an order on Friday, Superior Court Associate Judge Kenneth L. Govendo said the information in the lawsuit filed by Tim Goodwin, owner of Pacific Rim International, was sufficient to satisfy the required “who, what, when, where, and how” standard for fraud.
He said that Goodwin pleaded enough allegations to provide Imperial Pacific, its executive director, and their three other companies fair notice about the nature of the action.
The judge also found in Goodwin’s lawsuit a valid basis for punitive damages.
Goodwin, through counsel William M. Fitzgerald, is suing IPI, its executive director Lingli Cai, Imperial Pacific Properties LLC, Ever Harvest Ventures (CNMI) Ltd., and Harvest Ventures Properties LLC for fraud, breach of contract, and breach of duty of good faith and fair dealing.
He wants the defendants held liable to pay him an unspecified amount of damages. He demands a jury trial.
The defendants have moved to dismiss the case.
Govendo said that Goodwin and Cai (acting on behalf of Ever Harvest Ventures (CNMI) Ltd.) had a written agreement dated Nov. 17, 2014, in which Cai’s nominee would purchase and receive property.
Govendo said Cai designated Ever Harvest as her nominee and agreed to pay Pacific Rim a broker’s fee of $100,000.
Govendo said the fee was not paid.
According to Fitzgerald in the complaint, Pacific Rim was retained by David W. Dougherty in 2014to find a buyer for his property containing 1,764 square meters in Garapan, Saipan.
The lawyer said that, in 2014 representatives of IPI, owner of Best Sunshine International, contacted Goodwin to have Pacific Rim assist in securing properties to support its hotel and casino projects.
