Lujan v McCreadie [2014] GUSC 19 (14 August 2014)

IN THE SUPREME COURT OF GUAM

GALEN LUJAN, JOSE OKADA and ALICIA L. OKADA,
Plaintiffs-Appellants,

v.

BRANT T. McCREADIE and DINA C. McCREADIE,
Defendants-Appellees.

Supreme Court Case No. CVA13-019
Superior Court Case No. CV0831-10

OPINION

Filed: August 14, 2014

Cite as: 2014 Guam 19

Appeal from the Superior Court of Guam
Argued and submitted February 17, 2014
Dededo, Guam

Appearing for Plaintiffs-Appellants: Appearing for Defendants-Appellees:
Jacques G. Bronze, Esq. Minakshi V. Hemlani, Esq.
Law Offices of Jacques G. Bronze Fisher & Associates
Capt. Harmon Plaza Bldg. De La Corte Bldg.
272 E. Harmon Industrial Park Rd., Ste. 203 167 E. Marine Corps Dr., Ste. 101
Tamuning, GU 96913 Hagåtña, GU 96910

BEFORE: ROBERT J. TORRES, Chief Justice; F. PHILIP CARBULLIDO, Associate Justice; and ALBERTO E. TOLENTINO, Justice Pro Tempore.

TOLENTINO, J.:
[1] Plaintiffs-Appellants Galen Lujan, Jose Okada, and Alicia L. Okada (collectively, "Lujan") appeal the trial court's decision to grant Defendants-Appellees Brant T. McCreadie and Dina C. McCreadie's (collectively, "McCreadie") motion to dismiss for failure to prosecute. Lujan argues the trial court abused its discretion in granting the motion to dismiss because Lujan did not unreasonably delay the resolution of this matter. Although there were a variety of reasons the prosecution of this case took substantially longer than would have normally been anticipated, we hold that the delay in prosecution cannot be solely attributed to Lujan. For the reasons set forth below, we reverse and remand this case for further proceedings.

I. FACTUAL AND PROCEDURAL BACKGROUND
[2] On June 2, 2010, Lujan filed a complaint against McCreadie for breach of three promissory notes used to secure the payments for the purchase of shares of ASPAC Distributors, Inc. ("ASPAC"). After the complaint was filed, the following is a partial list of activities in the case:

Date	Activity
June 22, 2010	McCreadie filed an answer and counterclaim.
June 24, 2010	This case was assigned to Judge Vernon P. Perez, who, on February 24, 2011, filed his notice of recusal.
July 8, 2010	Lujan filed an answer to McCreadie's counterclaim.
October 7, 2010	The parties submitted their proposed joint scheduling order.
February 24-25, 2011	Lujan took the depositions of all Defendants.
March 1, 2011	This case was re-assigned to Judge Alberto C. Lamorena III, who, on August 18, 2011, filed his notice of disqualifying facts. On September 2, 2011, McCreadie filed a motion to disqualify Judge Lamorena, resulting in the court's non-opposition on September 28, 2011.
April 18, 2011	The trial court filed the joint scheduling order which set trial for January 9, 2012.
May 23, 2011	Lujan filed a motion for summary judgment and a notice of hearing for the motion for summary judgment.
September 13, 2011	McCreadie made a settlement counteroffer. Lujan did not respond to the counteroffer.
September 30, 2011	The case was re-assigned to Judge Arthur R. Barcinas. On October 31, 2011, McCreadie filed a motion to disqualify Judge Barcinas, resulting in the court's non-opposition on November 9, 2011.
October 24, 2011	The trial court issued a notice for a status hearing, which was held October 31, 2011.
October 25, 2011	McCreadie withdrew the September 13, 2011 counteroffer, marking the end of the settlement negotiations.
October 28, 2011	McCreadie filed a motion to dismiss for failure to prosecute.
October 31, 2011	At the status hearing, Lujan requested a hearing date for the motion for summary judgment.
December 29, 2011	This case was re-assigned to Judge Anita A. Sukola, who, on January 10, 2012, disqualified herself from the case.
January 10, 2012	First Hawaiian Bank ("FHB") filed a separate complaint for breach of contract against ASPAC, Galen J. Lujan, and Evangeline D. Lujan. The complaint stemmed from Lujan's default on the ASPAC Line of Credit. McCreadie entered a consent judgment on behalf of ASPAC on June 28, 2012.
January 18, 2012	This case was re-assigned to Judge Michael J. Bordallo, who, on March 6, 2012, filed his notice of recusal.
March 7, 2012	This case was re-assigned to Judge Elizabeth Barrett-Anderson, who, on May 18, 2012, filed her notice of recusal.
May 22, 2012