Lizama found to have breached a contract over dental work

The Superior Court issued yesterday a decision finding former judge Juan T. Lizama to have breached a contract by failing to pay for dental work he ordered performed on his brother.

Associate Judge Joseph N. Camacho found Lizama liable to pay Dr. Allan Stuart Markoff, who owns Toothworks, $5,381 on the principal plus $1,123.82 in pre-judgment interest, for a total award of $6,504.82.

Camacho ruled that there was a valid contract between the parties regarding dental work on Lizama’s brother, Antonio, and that Lizama failed to make the required payments for Antonio’s dental work.

Camacho said Lizama promised to pay for Antonio’s dental care, that the dental work was performed, and that Lizama failed to make full payments, thus breaching the agreement he made with Markoff.

“The court finds that Lizama’s testimony lacks credibility, especially because of Lizama’s circular and evasive answers to questions while on the witness stand,” Camacho said.

Markoff sued Lizama for allegedly failing to pay for dental services rendered on his brother. The dentist claimed that the defendant owes him and the clinic $5,381. He alleged that the former judge refused to make payments beyond a single $1,000 payment.

A bench trial was held on Dec. 30, 2014. Attorney Michael A. White represented Markoff. Lizama represented himself. Attorney Robert Myers made a limited appearance, also representing Lizama.

At the trial, the court heard the testimony of witnesses Dr. Caroline Galanza Marzan, a dentist at Toothworks, and Ruth Munoz Deleon, the clinic’s accountant.

According to Camacho’s order yesterday, Lizama and Markoff became acquainted through their work with the Northern Marianas College Foundation.

In June 2012, the parties dined together at the Hyatt Regency Saipan, where they talked on a range of topics, which included the condition of Lizama’s brother’s teeth.

On June 19, 2012, Lizama met with Markoff and Marzan to discuss Antonio’s treatment proposal. At this meeting, Lizama promised to take care of his brother—reflected in Antonio’s patient chart, where Lizama was quoted as saying, “take care of my brother. He doesn’t have any money and I will pay for it.”

Markoff suggested that Antonio go to Guam for a cone beam x-ray to determine if he would be a candidate for dental implants.

Antonio underwent the cone beam x-ray on June 29, 2012.

On July 10, 2012, Lizama and Markoff discussed potential implants for Antonio.

Lizama went on to say, “Just remove the teeth and the infection and make him a set of dentures and I will be responsible. He has no money and this is the right thing to do for my brother.”

At this point, Markoff started dental work on Antonio.

On Aug. 23, 2012, a statement for Antonio’s treatment was sent to Lizama, with a balance of $6,381. Seven days later, on Aug. 30, Lizama made a $1,000 payment on Antonio’s account.

Lizama discussed a potential payment plan for the remainder of the account with the clinic’s accountant, Deleon.

On Sept. 1, 2012, Markoff informed Lizama via email that the clinic will not allow Antonio’s account to be paid in installments.

On Nov. 8, 2012, Markoff sent Lizama a letter demanding payment for the balance of $5,381.

No additional payments beyond the initial $1,000 were made.

At trial, Lizama claimed that Markoff was “luring” him into the dental work situation and implied that he was only speaking with Markoff regarding the NMC Foundation business and his sister, Esther Muña.

Camacho said Lizama claims he had made no promises to pay.

Camacho said that based on the testimony and evidence presented at trial, Lizama did ask Markoff to look at Antonio’s teeth. The judge said Lizama also offered to cover the bill for Antonio’s dental care.

“Although defendant Lizama does not personally benefit from the bargain, there is still valid consideration, as this contract is not related to a pre-existing debt,” Camacho noted.

Camacho said Lizama claims he is not responsible for the balance due on Antonio’s account but Lizama contradicts himself, because on Aug. 3, 2012, Lizama went to Markoff’s office and paid $1,000 on an account that he claims he does not owe.