Chargualaf v. Chargualaf

Opinion

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4 GUAM r IN THE SUPERIOR COURT OF GUA]tt, 5 I

6 p. CHARGUALAF, Civil Case No. CV0335-24 cvd335-24

7 Plaintiff, DECISION AND ORDER 8 (Motion (Motion to to Dismiss Dismiss Complaint) Complaint) vvs.

9 LAWRENCE WREN CE p. P. CHARGUALAF, 10 10 Defendant. 11 This matter matter came came before the the Honorable Honorable Benjamin C. Sison, Sison, Jr. Jr. on on July July 26, 26, 2024, 2024, upon upon 12 12

13 Defendant Lawrence P. Chargualaf's Chargualafs Motion Motion to to Dismiss Dismiss Complaint Complaint (June (June 28, 2024). 2024). At At the hearing,

14 14 Attorney George N.P. N.P. Valdes Valdes appeared appeared on behalf of Defendant, Defendant, and andAttorney Attorney Leevin Leevin T. Camacho Camacho

15 15 appearedon onbehalf behalfof of Plaintiff John P. Plaintiff John P. Chargualaf. Chargualaf.Having Having duly duly considered consideredthe thewritten writtenbriefings, briefings, oral 16 16 arguments, and arguments, andthe theapplicable applicable law, the Court GRANTS the Motion Motion to Dismiss. 17 17 BACKGROUND 18 18 Plaintiffis Plaintiff is the the owner owner of ofcertain certain real real property property in in Inarajan, Inarajan, Guam. Guam. V. Con Compl. at at 11 (June (June 10, 10, 19 19 1 Defendant-Plaintiffs brother-has lived on the property since 2013. 2024).1 20 Defendant-Plaintiff's brother--has lived on the property since 2013. Id. On On or about April about April

21 1, 2024, 1, 2024, Plaintiff gave Defendant Plaintiff gave Defendant notice notice to to vacate vacate the the property by April April26, 2024. Id. at 26, 2024. at 2. Defendant

22 refused to refused to do do so. so. On On or or about about May May 9, 2024, 2024, Plaintiff gave Defendant Plaintiff gave Defendant a written written notice notice to vacate vacate the

23 premises within within thirty days. Id. thirty (30) days. Id. Again, Defendant Defendant refused to do so. Id. 24

26 11 The The Court Court recognizes recognizesthat thatDefendant Defendantdisputes disputesthe thevalidity validityof ofPlaintiffs deed to the property. See Reply at 3-4 Plaintiffs deed 17, 2024). However, upon (July 17, upon aa GRCP GRCP 1212 motion motion toto dismiss, dismiss, the Court must accept accept the the well-pleaded well-pleaded facts facts in the 27 true,and Complaint to be the, and does does not consider extrinsic evidence. evidence.

28 Page 1 of Page of 6 1 1 On June June 10, 10,2024, 2024,Plaintiff Plaintifffiled filed his hisVerified Verified Complaint Complaint for for Unlawful Detainer, seeking seeking to

2 2 retake possession of of the the property, property, as aswell well as attorney's attorney's fees and lawsuit costs. costs. In response, response, Defendant Defendant

3 filed his his Motion Motion to to Dismiss, Dismiss, arguing arguing the the Complaint should be tiled be dismissed dismissedunder underGuam GuamRule Ruleof ofCivil Civil 4 Procedure ("GRCP") Procedure 12(b)(l) ("GRCP") 12(b)(l) and/orGRCP and/or GRCP12(b)(6). 12(b)(6).On OnJuly July10, 10,2024, 2024, Plaintiff Plaintifffiled filed an an Opposition Opposition 5 Brief, and Brief, and on July July 17, 17, 2024, 2024,Defendant Defendantfiled tiledaaReply ReplyBrief. Brief. The Court heard the the Motion Motion to Dismiss 6 on July 26, 2024, and then took took the matter under under advisement. advisement. 7 DISCUSSION 8

9 Defendant argues Defendant arguesthat thatthe theVerified Verified Complaint Complaintisis defective defective because becauseitit fails fails to to sufficiently

10 10 allege aa landlord-tenant relationship between the allege the parties, parties, and andbecause becauseititfails failsto toallege allege a term termof of lease 11 11 Defendant's tenancy tenancy of the property. property. Mot. for Defendant's Dismiss at Mot. Dismiss at 6. Defendant moves 6. Defendant moves to dismiss of the to dismiss 12 Complaint pursuant pursuantotoeither Guam either Rule Guam of of Rule Civil Procedure Civil (GRCP) Procedure (GRCP)12(b)(l) 12(b)(l)or orGRCP GRCP 12(b)(6). 12(b)(6). 13 1. GRCP GRCP 12(b)(6) 12(b)(6} is is the the Applicable Applicable Rule 14 first argues Defendant first argues that thatthe theComplaint Complaintmust mustbe bedismissed dismissedbecause becausePlaintiff"lacks Plaintiff"lacks standing 15

16 to bring this unlawful detainer action." Dismiss at action." Mot. Dismiss at 2. An An action action may may be be dismissed dismissed action action under under

17 GRCP 12(b)(1) GRCP 12(b)(l) for for "a "a lack lack ofofjurisdiction jurisdiction over over the the subject subject matter." matter." Guam R. Civ. P. Guam R. P. 12(b)(1). 12(b)(l).

18 Constitutional standing Constitutional standing is is aa "component "component of subject subject matter jurisdiction," jurisdiction," Hemlani v. v. Melwani, Melwani, 2021 2021 19 19 ,i 22; see Guam 26 1122, seealso also Benavente Benavente v.v. Taitano, Taitano, 2006 Guam 15 ,i 14 15 'II 14("a ("a court has no subject subject matter matter 20 jurisdiction jurisdiction to to hear hear a claim when aa party party lacks lacks standing."). standing."). AAplaintiff plaintiffestablishes establishes constitutional constitutional 21 standing by standing by showing showing "(1) "(l) itithas has suffered suffered an an 'injury 'injury in in fact', fact'; (2) (2)that thatthe the injury injury can can be fairly traced traced to 22 the challenged action taken the taken by by the the defendant"; defendant", and (3) that and (3) that itit is is likely and beyond mere speculation speculation 23

24 that a favorable-decision will that will remedy remedy the the injury injury sustained." sustained." In re A.B. A.B. Won Won Pat Pat Int'! Int'l Airport Airport Auth.,

25 Guam 66 il1]17. 2019 Guam 17.Although AlthoughDefendant Defendantrecites recitesthis thistest testfor forconstitutional constitutional standing, standing,Mot. Mot. Dismiss at

26 2-3, he he does doesnot notargue argueagainst againstspecific specificprong. prong.Instead, Instead,Defendant Defendantargues arguesthat Plaintiff"fails that Plaintiff"fails to to comply comply 27

28 | Page 2 of 6 11 of standing pursuant to with the first and most basic requirement of the unlawful to the statute .... detainer statute unlawful detainer

2 2 emphasis added). Id. at 66 ((emphasis leaseholder." Id. landlord or aa leaseholder." Plaintiff fails to allege that he is a landlord Plaintiff

3 standing. constitutional standing. to constitutional not to standing, not statutory standing, to statutory challenge to is aa challenge argument is Defendant's argument 4 Statutory standing Statutory considers "whether standing considers party has "whether aa party stated aa valid has stated claim for relief under valid claim specific under aa specific 5 statute, not statute, satisfied jurisdictio.nally-ba not whether a party has satisfied sed standing jurisdictionally-based requirements." In standing requirements." re A.B. In re AB. 6 6 Won Int'! Airport Won Pat 1nt'l Auth., 2019 Airport Auth., ,i 31 Guam 66 11 2019 Guam Intern. Inc. 31 (citing Lexmark Intern. v. Static Inc. v. Control Static Control 7 7

Components, Inc., 572 Components, I/zc., U.S. 118, 572 U.S. 131-32 (2014). 118, 131-32 But statutory (2014). Bl,lt standing is statutory standing "jurisdictional" is not aa "jurisdictional" 9'X1 81 9 ' requirement, or statutory or court's statutory the court's jurisdiction, i.e., the subject-matter jurisdiction, implicate subject-matter not implicate "does not as itit "does requirement, as

10 10 constitutional ,i 30 Id. 11 the case." Id. adjudicate the constitutional power to adjudicate 572 U.S. at Lexmark, 572 30 (quoting Lexmark, n.4) 128 n.4) at 128

11 (emphasis to basis to viable basis of constitutional standing is a viable while a lack of Accordingly, while original). Accordingly, (emphasis in original). 12 , 12 12(q)(l), a lack of under GRCP 12(b)(1), not; that of statutory standing is not, 13 I 13 l challenge subject I i matter jurisdiction under subject matter

GRCP 12(b)(6). type of argument is addressed throughGRCP v. Centex l2(b)(6). See Maya v. 658 F.3d Centex Corp., 658 1060, F.3d 1060, 141 type of argument is addressed through 14 I

15 1067 2011); Leyse 1067 (9th Cir. 2011), v. Bank Lase v. ofAmerica Bank of (ad Cir. 2015). America Nat. Ass'n, 804 F.3d 316 (3d The Court 2015). The 15 16 16 i 12(b)(6). under GRCP 12(b)(6). therefore proceeds to analyze under

17 17 i 2. The The Complaint in Unlawful Detainer Fails to State a Claim in Complaint Fails

18 18 I upon which claim upon 12(b)(6) for "a failure to state a claim GRCP 12(b)(6) under GRCP dismissed under may be dismissed An action may 19 19 dismiss under Rule I relief can be granted." Guam R. granted." Guam Civ. P. R. Civ. 12(b)(l). "In P. 12(b)(l). ruling on a motion to dismiss "In ruling 20 20,i l 2(b court must )( 6), aa court 2(b)(6), accept all must accept the well-pleaded all the facts· asastrue, well-pleaded facts- pleading in thepleading construethe tale,construe light most the light in the most 21 l l

favorable to the favorable to party, and the non-moving party, resolve all and resolve doubts in all doubts the non-moving in the Guam non-moving party's favor." Guam 22 5

I 23 i I Police Serv. Comm CivilServ. Guam Civil v. Guam Dep't'tv. PoliceDap 2020 Guam12 Comm 'n (Charfauros), 2020 ,i 88(quoting 12 'H Hawaiian First Hawaiian (quotingFirst 23 I

_i 24 i Bank v. Manley, Bank v. ,i 9). "In Manley,2007 Guam 21]9). motion,aacourt's 12(b)(6)motion, ruling on a 12(b)(6) "In ruling considerationisislimited court'sconsideration limited EI 25 5i to the complaint, attached to the complaint instruments attached written instruments statements or documents exhibits, statements as exhibits, 25 complaint, written complaint as I 2ClEI incorporated in the complaint by reference, and documents on which to 1 relies." heavilyrelies complaint heavily the complaint which the as

Ii 27 27:1 2010 Guam 13 Co., 2010 ,i 29. 13 1129. intern. Corp. v. Tech Intern. Hanil Engineering v. I-Ianil Constr. Co., Engineering & Constr. I Core § Core Tech 2:-1 2S • Page 3 of 6 Page 4 i l Plaintiff Plaintiffbrings brings this this action action under Guam's Unlawful under Guam's Unlawful Detainer Detainer statute, statute,21 21GCA GCA §§ 21103. As 21103. As

2 statute provides relevant here, the statute thataatenant provides that guiltyof tenantisisguilty Unlawful Detainer: ofUnlawful

3 3 (a) (a) When Whenhehecontinues continues in possession, in in possession, subtenant, of in person or by subtenant, or of the property, or 4 any part thereof, after the expirationof the expiration the tenn of the which it for which tern for is let it is to him. let to without him. without landlord. or the permission of his landlord, or the successor in estate of his landlord, if any there estateof 5 5 i be, where... casewhere including aacase be; including occupancy by the such occupancy for such fixed for ... the time fixed the agreement !I

661 between the parties has expired; between expired, but subdivision contained shall be but nothing in this subdivision construed as the removal of preventing the as preventing such occupant in any of such any other lawful manner,manner; 7 7 must first be terminated by notice, as will, itit must at will, tenancy at but in case of a tenancy as 8 +E prescribed in this Code. 1 i 1 9; 9 21 GCA §§21 21 GCA l03(a) (emphasis 21103(a) (emphasis aclded). added). Unlawful Unlawful Detainer Detainer actions actions are are "purely "purely statutory statutory in in nature," nature,"

10 10 s . , . . the I o/Hawaii Bank of v. Chan, Hawaii v. Chan, 2003 Guam 77 ,I115. 2003 Guam 5. IfIfthe plamtxffs claim theplaintiff's does not claim does not fit squarely within fit squarely wlthln the 11 text of ofthe the Unlawful UnlawfulDetainer the remedy statute, the Detainerstatute, is unavailable. See remedy i.s id.; Stancil See id.; Superior Court, v. Superior Slancil v. 12 12 i as 13 .I.1 485 P.3d P.3d 446, 446, 452 (Cal. 2021). 2021). InIn other words, the statute other words, "must be statute "must strictly." be complied with strictly. 13 1

Lr 1997 Guam 12 ,1]10. 14 , Archbishop, 1997 mustbe 10.ItItmust shownthat beshown "thetenant that"the hasdefaulted tenanthas inthe defaultedin payment of thepayment of 14

15 15 1 1 r rent, [the tenant] tenant] is in in possession of the property without the landlord's permission, and[] of the tenant the tenant [] the

16 ; has been served with 16 with a valid valid notice notice demanding ,I 11. Id. 1] possession."Id. surrender of possession." or surrender payment or demanding payment 11. I 17 17 I Implicit Implicit in in both both the the statute statute and courts have California courts and as California Archbishop test above, and and the Archbishop I

18 18 action must be "landlord" and aa"tenant," be aa"landlord" 19 19 ! explicitly explicitlyrecognized, recognized,the theparties parties to to an Detainer action an Unlawful Detainer

1956)("If ("If the relation "tenant,"

Q,respectively. App. 1956) Ct.App. (Cal.Ct. 908, 910(Cal. P.2d 908,910 Cosker, 299 P.2d v. McCosker, Frederic/fse/1 v. See Fredericksen respectively. See 20 E

i

21 E of of landlord landlord and existed, then appellants tenant never existed, and tenant didnot appellantsdid have aa cause not have of action in cause of unlawful in unlawful 21 .,I1I I

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22 respondents."); Cavanaugh v. High, 66 Ca1.Rptr. v. High, 525, 526 Cal.Rptr. 525, (Ct. App. 526 (Ct. (a 1960) (a 22:=ii detainer detainer against against respondents."),.Cavanaugh App. 1960) :I

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action). Here, Detaineraction). however, even Here,however, 1

23 i

i landlord-tenant relationshipisis"sine landlord-tenant relationship quanon" "sinequa foran non"for UnlawfulDytainer anUnlawful even i 24 11 factual allegations in the taking the factual as true the Complaint as andviewing trueand them in viewing them the light in the most favorable light most favorable i

25 between the parties. landlord-tenant relationship between allegeaalandlord-tenant not allege does not 5 ,g r to Plaintiff, Plaintiff:the theComplaint Complaintdoes if

2

~i 26

I usethe The Complaint does not use terms"landlord" theterms and"tenant." "landlord"and Asaageneral "tenant."As principle,"[t]he generalprinciple, "[t]he 27 |I 27 I Es I ex 28 EI Page Page 4 of of 6 ii 1 called the person letting real estate is called landlord, and the landlord, the party and the towhom party to the lease whom the is made, lease is the tenant." made, the tenant."

2 St0.ne Stone u City of v. C/'ty of Los 841 (Cal. Angeles, 299 P. 838,841 Los Angeles, Ct.App. (Cal. Ct. 1931).However, App. 1931). the Complaint However, the does not Complaint does not

3 Defendant that Defendant alleges that instead alleges parties. The Complaint instead the parties. between the lease between of a lease allege the existence of 4 to reside on the reside on property beginning the property in 2013, but it does not allege that there was any beginning in 2013, but it does not allege that there was any Ij "was "was allowed" allo\i;ed" to s1 I written or oral parties to oral agreement between the parties govern the to govern terms of that the terms residency. And that residency. while aa And while 6?1 landlord-tenant arrangement can landlord-tenan t arrangement be created can be even without created even formal agreement, without aa formal an informal agreement, an tenancy infonnal tenancy 7 7 i 8I of ofrent." acceptance of and acceptance "consent and of this nature typically arises from "consent West Hollywood, of West City of v. City Getz v. rent.." Gets Hollywood, 8 i i 9 i 284 Cal.Rptr. 631, 633 Cal. Rptr. 631, 633 (Ct. App. 1991 (Ct. App. Whileitit isisclear ). While 1991). thatDefendant clearthat does not Defendantdoes have Plaintiffs not have Plaintiffs

10 4 10 consent consent to be on Plaintiffs Defendant was Complaint does not allege that Defendant property, the Complaint Plaintiffs property, ever required was ever required . 1

11 1I to, fails 1I Plaintiff. The or did, pay rent or other consideration to Plaintiff. finds that The Court thus finds the Complaint that the Complaint fails 1

1 12 12 ~l to allege sufficient facts to i t conventional landlord-tena of aa conventional existence of the existence establish the to establish nt relationship. landlord-tenant relationship. 13 ft 13 EI

2n I

I Moreover, Detainer isis aa remedy Unlawful Detainer Moreover, Unlawful tenant continues situation where a tenant remedy for the situation in continues in 14 E expiration of the term of the is let~to term for which itit is him, without let ·to him, the 15 Q! possession 15 the expiration possession of the property "after the without the »l I! 16 permission of 16 j/ permission of his his landlord." landlord." 21 21 GCA GCA §§ 21103(a). 21103(a). As As noted noted above, above, the the Complaint Complaint does does not not allege allege that that " E 17 1 1 11 !lie il s

1 | agreement as any agreement the parties had any of lease,and termoflease, astototerm thusititdoes andthus notallege doesnot thatDefendant allegethat Defendantcontinued continued I

18 to there is a that there responds that term. Plaintiff responds : : :1: to occupy the the property property "after "after the expiration" expiration" of such term. 19 . . . . , presumption under "presumption Guam law under Guam that the renting of a home is law that subject is sub] monthtotomonth acttotoaamonth term.' Opp. monthterm." Opp. ,i_E 20 ! 2() Ql! t at 2 (citing at 2 (citing 18 GCA §§ 18 GCA §§ 51104, 51104, 51105). 51105). It It is is true that under true that under 1818 GCA GCA §§ 51104, 51104, "[i]I1 the absence "[i]n the absence of of 21 \i 21 EI rent, the of time or the rent, hiring is the hiring presumed to is presumed be monthly." to be But Q *:1 any agreement respecting the length of monthly." But

:: ii 1 statute applies this statute its plain applies by its plain terms the"hiring" tothe terms to of realproperty. "hiring" ofreal Theword property.The "hiring" is word "hiring" defined by is defined by 28 : l

*i use 24 I as "a statute as related statute ua related "a contract which one by which contract by gives to one gives another the to another temporary use the temporary possession and use possession and use l t I

at aa same to the former to the I

25 al of the same money, for reward, and the latter agrees to return the than money, of property, other than former at

26 l future time." 18 future time." 18 GCA GCA §§50101 50101 (emphasis (emphasis added). added). TThe he Complaint Complaint does does not not allege, allege, directly directly or or

27 indirectly through factual allegations, the factual through the that the parties formed allegations, that "contract," that fonned aa "contract.," Plaintiff sought that Plaintiff or sought or al indirectly 2x of 6 Page 5 of fl I I received any occupancy of Defendant's occupancy exchange for Defendant's in exchange Defendant in from Defendant or property, or the property, 11* received any "reward" from of the

2 that cease his agreedtoto cease had agreed Defendanthad that Defendant occupancyatataa defined his occupancy "future time." defined "future the Therefore, the time." Therefore,

3 "hire" of wasaa"hire" occupancywas Defendant's occupancy thatDefendant's show that to show facts to allege sufficient facts not allege does not Complaint does the of the 4 ! '1 If land. Without such facts, land. the Court facts, the cannotapply Court cannot thestatutory applythe presumptionapplicable statutorypresumption "hires" of applicabletoto"hires" of 5i 5 a §

=r real property. 6 "ai c( -

Under Under 21 GCA §§21 21 GCA l03(a), the 21103(a), the remedy remedy of ofunlawful unlawful detainer detainer is is available available to to aa landlord when landlord when 7i i I

1 I I

a tenant remainson tenant remains theproperty onthe afterthe propertyafter of his rental expirationof theexpiration term. Here, rental term. the Complaint Here, the not does not Complaint does x8· c9 i allege allege sufficient facts to sufficientfacts establish that toestablish Plaintiffisisaalandlord that Plaintiff that Defendant orthat landlord or is his Defendant is tenant, nor his tenant, does nor does QA 10 31 it allege 10 liege sufficient sufficient facts facts to after the property after theproperty onthe remained on that Defendant remained establish that to establish expiration of the expiration of 11 ~I justifying the summary action justrfylng cause of action the summary I an agreed-to term. tem1. 1 Complainttherefore he Complaint The falls to plead a cause therefore fails 12 12 a remedy remedy of Unlawful Unlawful Detainer, so itit must Detainer, so be dismissed must be under GRCP dismissed under 12(b)(6). The Court's GRCP 12(b)(6). decision Court's decision 13 the merits docs not reach the of the merits of dispute and the dispute doesnot anddoes foreclose the notforeclose possibility of thepossibility Plaintiff amending of Plaintiff amending 1rt his Complaint or pursuing pursuing relief under alternative relief under legal theories. alternative legal 15 15 + { . 1

1(, 1(» I

1 1 CONCLUSIO U N

17 17 1I Based Based on the the above above analysis, GRANTS Defendant's analysis, the Court GRANTS to Dismiss Defendant's Motion to under Dismiss under

IS GRCP CRCP 12(b)(6). 12(b)(6).The Thematter matter is is hereby hereby DISMISSED without prejudice. 1m.; SO ORDERED.this ORDERED this August2,20 August 2. 2024 20 I 2() t l

1 J 21 t I

l 'Et-~_-» ONORABLE BEN/,$-~_~ c. C. SISON, . SISON, Jin(/. 23 Magistrate Judge, Superior Court of Guam Magistrate Judge,

24 I 25 i l

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I SERVICE VIA E-MAIL electronic I

26 acknowledge II acknow an electronic that an ledge that I I copy of copy the original of me was e-mailed original was e-mailed to: to: 2~ 27,r :

lé61./r»~ w ? LAD ft .1,t¢,5»- Q It Page Page 6 of 6 1 { Datezl ,inez g< ; I I I r¢ v my Clerk, superior court of Guam