Guam Economic Development Authority v Island Equipment Company Inc [1998] GUSC 6; 1998 Guam 07 (28 May 1998)

IN THE SUPREME COURT OF GUAM

GUAM ECONOMIC DEVELOPMENT )
AUTHORITY and GUAM VISITORS )
BUREAU, )

)

Movants-Appellants, )

)

vs. )

)

ISLAND EQUIPMENT COMPANY, INC.,) SUPREME CT. CASE NO. CVA97-030

) SUPERIOR CT. CASE NO. CV0323-94

Plaintiff-Appellee; )

)

CUISINE INTERNATIONAL, INC., dba )

SEAFOOD MARKET and ROMEO S. GO,) OPINION

)

Defendants-Appellees. )

____________________________________)

Filed May 28, 1998

Cite as: 1998 Guam 7

Appeal from the Superior Court of Guam
Argued and submitted on 12 December 1997
Hagåtña, Guam

Appearing for Movants-Appellants:
F. Randall Cunliffe, Esq.
CUNLIFFE & COOK
Suite 200, 210 Archbishop Flores Street
Hagåtña, Guam 96910

Appearing for the Plaintiff-Appellee:
Daniel J. Berman, Esq.
BERMAN O=CONNOR & MANN
Suite 503, Bank of Guam Building
111 Chalan Santo Papa
Hagåtña, Guam 96910

Appearing for the Amicus Curiae:
Kenneth D. Orcutt, Assistant Attorney General
Office of the Attorney General
Suite 2-200E, Judicial Center Building
120 West O=Brien Drive
Hagåtña, Guam 96910

BEFORE: PETER C. SIGUENZA, Chief Justice; JANET HEALY WEEKS, Associate Justice; and JOSE I. LEON GUERRERO, Associate Justice.

WEEKS, J.:

[1] Appellants Guam Economic Development Authority (AGEDA@) and the Guam Visitor=s Bureau (AGVB@) are appealing an order which denied their Motion to Quash a writ of execution. The trial court ordered GEDA and GVB to pay over monies owed RSG Philippines, Inc. (ARSG@) to the Office of the Marshal for the Superior Court of Guam. The monies were to satisfy a judgment entered against RSG=s alter ego, Judgment-Debtor Romeo S. Go (AGo@) in favor of Plaintiff Island Equipment Company, Inc. (AIsland Equipment@). This Court finds that the trial court properly granted the writ of execution, and we hereby affirm the trial court=s ruling.

I.

[2] Plaintiff-Appellee Island Equipment filed a complaint for money damages against Defendants Cuisine International, Inc. and Romeo S. Go. Island Equipment obtained a consent judgment on 23 September 1994 and began enforcing the judgment against Cuisine International, Inc. and Go. Island Equipment conducted depositions upon representatives from GEDA and GVB. In the course of such depositions, Island Equipment discovered that GEDA and GVB had entered into a Liaison Office and Marketing Representation Agreement (ALiaison Agreement@