Esperon v. DPHSS, Gov Guam

Opinion

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am: s -.é 33 IN THE SUPERIOR COURT OF GUAM IY

MICHELLE ESPERON, Superior Court Case No. SP0135-20

Petitioner,

DECISION AND ORDER

vs. RE MOTION FOR RECONSIDERATION

DEPARTMENT OF PUBLIC HEALTH AND SOCIAL SERVICES

GOVERNMENT OF GUAM, Respondents.

The Courthere considers Petitioner Michelle Esperon Motion for Reconsideration ofthe Court's October21, 2020 Decision and Order which granted DPHSS' Motion to Dismiss. Under Guam Rule of Civil Procedure 59(e), reconsideration may be granted where the trial court "(1) is presented with new evidence; (2) committed clear error or the decision was manifestly unjust, or (3) if thereis an intervening change incontrollinglaw." Ward u Reyes, 1998 Guam 11110.

Esperon's motion claims that the Court erred in not considering the merits of her Writ of Habeas Corpus; however, Esperon withdrew that Writ on September 23, 2020. See Minute Entry (Sep. 23, 2020). Esperon subsequently filed an Amended Verified Petition for a Writ of Mandamus, which the Court analyzed in its Decision and Order and dismissed.

SinceEsperon withdrew her Writ ofHabeas Corpus, the allegations that she claims the Court failedto consider were no longer before the Court. Moreover, the allegations inher original Petition were superseded by the act of amendment. See Valadez-Lopez la Chertof 656

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SP0135-20 DECISION AND ORDER REMOTIONFOR RECONSIDERATION Page 2

F.3d 851 , 857 (9th Cir. 2011) ("it is well-established that an amended complaint supersedes the original, the latter being treated thereafter as non-existent").

As her Petition for Writ of Habeas Corpus has been withdrawn and superseded, the Court committed no error in coining its analysis to her mandamus claims. Accordingly, the Court DENIES the Motion for Reconsideration.

SO ORDERED this 6th day of January 2021 .

HON EILYZE M. IRIARTE

Judge, Superior Court of Guam

Appearing Attorneys : Rachel Taimanao-Ayuyu, Esq., for Petitioner Michelle Esperon Deputy Attorney General James L. Canto, II, Esq., Office of the Attorney General, for the Department of Public Health and Social Services Assistant Public Defender John Morrison, Esq., appointed pursuant to the September 25, 2020 , General Order in SPOl27-20 to represent persons under quarantine

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