Blas v Cruz [2009] GUSC 12; 2009 Guam 12 (4 November 2009)

IN THE SUPREME COURT OF GUAM

JUNE U. BLAS
Plaintiff-Appellant,

V

CARL Q. CRUZ,
Defendant-Appellee.

Supreme Court Case No.: CVA08-011
Superior Court Case No.: DM0835-05

OPINION

Filed: November 4, 2009

Cite as: 2009 Guam 12

Appeal from the Superior Court of Guam
Argued and submitted on May 5, 2009
Hagåtña, Guam

Appearing for Plaintiff-Appellant: Rachel M. Taimanao-Ayuyu, Esq. Phillips & Bordallo, PC 410 West O’Brien Drive Hagåtña, Guam, 96910

Appearing for Defendant-Appellee: Seaton M. Woodley, III, Esq. Law Offices of Seaton M. Woodley, III Suite 102, Tanaka Bldg., Route 4 Hagåtña, Guam 96910

BEFORE: ROBERT J. TORRES, Chief Justice; F. PHILIP CARBULLIDO, Associate Justice; RICHARD H. BENSON, Associate Justice Pro Tempore.

CARBULLIDO, J.

[1] This appeal involves the Superior Court’s distribution of property, including a disputed debt, upon the divorce of June U. Blas from Carl Q. Cruz. Although June never signed or indicated consent to a written marital property settlement agreement, the Superior Court granted a motion by Carl to enforce settlement. The court found the parties had created a binding contract when a written agreement drafted by Carl accepted an offer to settle contained in a letter from June. The court then distributed the marital property and debts pursuant to the terms of Carl’s draft, treating it as a stipulation of the parties. Because Carl’s draft was in fact a counter-offer, terminating June’s offer, we find there was no enforceable agreement between the parties. We reverse the portions of the Judgment that distribute the marital property and instruct the Superior Court on remand to distribute the property, including debts, in accordance with Guam’s community property laws.

I. Factual and Procedural Background

[2] In March 2005, Plaintiff-Appellant June U. Blas and Defendant-Appellee Carl Q. Cruz separated after fourteen years of marriage. Appellant’s Brief at 4 (Mar. 6, 2009). June filed for divorce shortly thereafter. Id. at 2. During the marriage, the couple had acquired both community property and community debts. Appellant’s Excerpts of Record (“ER”), tab 5 at 28-29 (Answer and Am. Counterclaim, Nov. 1, 2005).