Guam Sanko Transportation Inc v Pacific Modair Corporation [2012] GUSC 2; 2012 Guam 02 (28 March 2012)

IN THE SUPREME COURT OF GUAM

GUAM SANKO TRANSPORTATION, INC.,
Plaintiff-Appellant,

v.

PACIFIC MODAIR CORPORATION, TOYO NETSU KOGYO KAISHA, LTD., and DOES II through X,
Defendants-Appellees.

Supreme Court Case No. CVA11-009
Superior Court Case No. CV0915-08

OPINION

Filed: March 28, 2012

Cite as: 2012 Guam 2

Appeal from the Superior Court of Guam
Argued and submitted October 24, 2011

Hagåtña, Guam

Appearing for Plaintiff-Appellant: Carlos L. Taitano, Esq. Taitano & Taitano LLP La Casa de Colina, Third Flr. 200 Chichirica St. Tamuning, GU 96913-4217

Appearing for Defendants-Appellees: Thomas Tarpley, Esq. Ste. 904 GCIC Bldg. 414 W Soledad Ave. Hagåtña, GU 96910

BEFORE: F. PHILIP CARBULLIDO, Chief Justice; KATHERINE A. MARAMAN, Associate Justice; and ROBERT J. TORRES, Associate Justice.

TORRES, J.:

[1] Plaintiff-Appellant Guam Sanko Transportation, Inc. ("Guam Sanko") appeals the trial court's grant of summary judgment in favor of Defendants-Appellees Pacific Modair Corporation ("PMC"), Toyo Netsu Kogyo Kaisha, Ltd. ("TNK"), and Does Two through Ten (collectively referred to as "PMC-TNK"), finding consent was given on behalf of Guam Sanko to preclude its action of trespass against PMC-TNK. We reverse and remand because Guam Sanko has demonstrated that there are genuine issues of material fact as to whether consent was given, requiring observation of the demeanor of witnesses and evaluation of their credibility at trial, and as to the reasons that SJ Rental, Inc. ("SJ Rental") delayed its purchase of the property and reduced its purchase price.

I. FACTUAL AND PROCEDURAL BACKGROUND

[2] Guam Sanko was the registered owner of Lot Number 5099-6, Municipality of Dededo, Guam ("Property"). See