Tenorio v. Healy

Opinion

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SUPERIOR COURT OFGU./.\M 1 2.025 OCT &I PM 2: -17 2 CLERK OF COURT 3 3

4 BY=-~,-.------ 5 IN THE SUPERIOR COURT OF GUAM

6 JUANITA MARIE TENORIO, DOMESTIC CASE NO. DOMESTIC CASE no. DM0436-22 DM0436-22 7

8 Plaintiff,

9 vs. 10 PAUL PAUL JOSEPH HEALY, JOSEPH HEALY, II DECISION AND ORDER Defendant. Defendant. 12 12

13 PAUL PAUL JOSEPH HEALY, JOSEPH HEALY, 14 Counterclaim-Plaintiff, 15 15

16 vs.

17 JUANITA MARIE TENORIO, 18 18 Counterclaim-Defendant. 19

20 INTRODUCTION 21 This matter matter came came before the the Honorable Honorable Arthur Arthur R. R. Barcinas Barcinas on on July July 22, 22, 2025, 2025, upon upon 22 22

23 23 Plaintiff Juanita Tenorio's("Plaintiff') Juanita Tenorio's ("Plaintiff') Third Third Ex ExParte Parte Request Request for for an an Order Order of of the the Return Return of

24 24 Community Property, Temporary Community Property, Temporary Restraining Restraining Order, Order, and and Preliminary Preliminary Lnjunction. Plaintiff is Injunction. Plaintiff 25 25 represented by Attorney represented by Attorney Christine Christine C. C. Arriola. Arriola. Defendant Paul Joseph Defendant Paul JosephHealy Healy("Defendant") ("Defendant") is 26 26 represented by Attorney represented by Attorney Daniel Daniel J. J. Berman, Berman. Having considered considered the parties parties briefs and and oral oral 27 27

arguments the Court arguments the Court issues issuesthis thisDecision Decision and Order. 28 28 Decision and Order Domestic Case No. DM0436-22

BACKGROUND 1

2 On December December 12, 2022, Plaintiff 12, 2022, Plaintiff filed filed a Verified Verified Complaint Complaint for Divorce Divorce seeking seeking an an

3 immediate Interlocutory and immediate Interlocutory and Final Final Decree Decree of Divorce Divorce against against the the Defendant. See, See, Con Compl. (Dec. 4 12, 12, 2022). Plaintiff Plaintiffrequests requests that that all all community community assets assets be awarded to to her or alternatively that that the 5 community assets and debts assets and debtsare aredistributed distributedby by the the Court Court at attrial, trial, to to be awarded attorney attorney fees and and 6

7 costs of ofsuit, suit, and and to be be awarded awarded spousal spousal support support or alimony temporarily and permanently. Id. and permanently. Id. at at

8 3.

9 Plaintiff Plaintiff filed filed an an Ex ExParte ParteMotion Motionon onSeptember September25, 25, 2024, 2024, seeking seeking the the return return of of funds funds 10 from from the joint Fidelity Fidelity Account Account No. No. -666 -666 and and aa Temporary Temporary Restraining Order (TRO) Restraining Order (TRO) and and II Preliminary Injunction to prevent Defendant Defendant from disposing disposing of marital marital property. See, Ex Parte property. See, Parte 12 12

13 13 Mot. (Sep. (Sep. 25, 25, 2024). Plaintiff Plaintiffasserts thatshe asserts that sheisisentitled entitledtoto50% 50%of ofthe thefunds funds($171,448.71) ($l7l,448.7l) and and

14 14 that the joint account that the account constitutes marital property constitutes marital property with with right right of of survivorship. survivorship. Id. Id. Defendant Defendant 15 15 asserts thatthe asserts that thefunds fundsininAccount AccountNo. No. -666 -666were were derived derived solely solely from gifts gifts and and inheritance inheritance from 16 the Gretchen Healy Revocable Revocable Trust Trustand and therefore therefore constitute constitute his his separate separate property. See, See, Opp'n. 17

(Sep. 26, 26, 2024). 2024). Defendant Defendant argues argues no contributions enhancementswere contributions or enhancements weremade madeby byPlaintiff Plaintiff to 18

19 the account and that account and thatany anywithdrawal withdrawalor or titling titling of the the account account as joint does does not not alter alter its its separate separate

20 property character. Id. character. Id. 21 The matter came came before before the the Honorable Honorable Judge JudgeJohn JohnC.C.Terlaje Terlajeon onOctober October 1, l, 2024, 2024, for aa 22 hearing hearing on Plaintiff's Plaintiffs Ex ExParte ParteMotion. Motion.After Afterhearing hearingthe thearguments, arguments, Judge Judge Terlaje Terlaje granted granted the 23

motion and ordered Defendant and ordered Defendanttotoreturn returnone-half one-halfofofthe thewithdrawn withdrawnfunds-$171,448.71-to funds-$l'71,448.'7l-to 24

25 Plaintiff Plaintiff. See, See, Min. Min. Entry Entry (Oct. (Oct. l,1,2024). 2024).The Thefollowing followingday, day,ononOctober October2,2,2024, 2024, Defendant Defendant

26 filed filed an an Objection Objection to to Judge Judge Terlaje's Terlaje'sOrder, Order,asserting assertingthat that the the Judge Judge had had indicated indicated familiarity 27 See, Verified with Plaintiff. See, VerifiedObj sectionto Objection to Competency Competency of of Judge Pursuanttoto77 GCA Judge Pursuant GCA §6105 §6105 and and 28

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§6107 (Oct. §6107 (Oct. 2, 2, 2024). 2024). Judge Terlaje clarified that Judge Terlaje that he he had had mistaken mistaken Plaintiff for for another another I

2 individual, after which he continued individual, continued proceedings. proceedings. Judge JudgeTerlaje Terlaje subsequently subsequentlyrecused reused himself,

3 and the the matter matter was was reassigned reassigned to to this Court. Court. 4 On On May 15, 15, 2025, Plaintiff filed 2025, Plaintiff filed aa Third Third Ex Ex Parte Parte Request Request for for an an Order of the Return of of 5 Community Community Property, Property, Temporary Temporary Restraining Restraining Order, Order, and and Preliminary Preliminary Injunction, Injunction, seeking seeking 6

enforcement enforcement of Judge Terlaje's October Judge Terlaje's October l 1order orderdirecting directingDefendant Defendanttotoreturn return$171,448.71 $171,448.71 to 7

8 Plaintiff. See, Plaintiff. See, Plaintiff's Plaintiffs Third Third Ex Ex Parte Parte Request Request for for an an Order Order of ofthe the Return Return of ofCommunity Community

9 Property, (May (May 16, 16, 2025). IO 10 On On July 22, 2025, July 22, 2025,both bothparties partiesagreed agreedtotothe theCourt's Court'sreview reviewof of the the initial initial briefs briefs filed filed by 11 the parties parties in inmaking makingthe thedetermination determinationofofPlaintiffs Plaintiffs Third Third Ex Ex Parte Parte Request Request for an an Order of the 12 12

13 13 Return of Community Community Property. See, See, Min. Entry Entry (July (July 22, 22, 2025). 2025). The The parties parties agreed agreed that that the the

14 14 present motion would be considered on its merits merits and andthat thatthe theCourt's Court'sreview review would not rely on

15 15 or be be constrained by any constrained by any prior prior oral oral ruling ruling or or action action taken taken by by Judge Judge Terlaje Terlaje during during earlier earlier 16 16 proceedings. Id. Both parties proceedings. Id. parties acknowledged acknowledged that that the the Court's Court's determination determination would would rest rest 17 17

exclusively exclusivelyon onthe the legal legaland andfactual factualarguments arguments presented presented in in the the existing existing written writtensubmissions submissions and and 18

19 19 the applicable Id. applicable law. Id.

20 ARGUMENT 21 The Court's Court's analysis analysis herein herein is is independent independent of any any prior prior judicial judicial orders, orders, comments, comments, or 22 determinations previously made determinations previously made in in this this matter. matter. The The Court's decision is is based based entirely upon upon the 23

briefs, briefs, evidence, and and authorities submittedby authorities submitted by the the parties parties and and the the governing governing provisions. provisions. The 24

25 Court Court will reach reach its decision on review of ofthe the parties' parties' briefs briefs and and not not on on Judge Judge Terlaje's prior prior

26 order. order. The Court will analyze analyze whether whether injunctive injunctive relief is proper under under Title Title 7 of of the the Guam Guam 27 Code Code Annotated ("GCA") §§20302. Annotated ("GCA") 20302. The TheCourt Court will willfirst firstexamine examinewhether whether Plaintiff Plaintiff has has 28

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demonstrated irreparable harm and then assess whether Plaintiff is likely to prevail on the merits whether Plaintiff 1

2 of her her cla ims. If tthe claims. he CCourt our t finds finds tthat ha t PPlaintiff la int iff has ha s shown shown both bot h irreparable r epa r a bleharm ha m a nd tthe he

3 the merits likelihood to succeed on the of her merits of her claims claims the the Court Court will order order the return of funds from 4 the joint joint Fidelity Account No. -666. 5 I. 1. Ex Parte Injunctive Relief Relief Is Proper. 6

77 GCA GCA §§ 20302 20302 states that an states that an injunction injunction may may be be granted granted when when itit appears by the appears by the 7

8 complaint complaint that the plaintiff plaintiff is entitled to the relief demanded, and and such such relief, relief, or or any part thereof,

9 consists in restraining consists in restraining the the commission commission or continuance continuance of of the the act complained of, either for aa 10 10 perpetually; when itit appears by the complaint or affidavit that limited period or perpetually, that the the commission commission 11 or continuance continuance of some act act during during the the litigation litigation would would produce produce waste, waste, or or great great or or irreparable irreparable 12 12

13 13 injury, to to a party party to to the the action; action, when it appears appears during the litigation that a party to to the action is

14 14 doing, or threatens, doing, threatens, or or is is about about to to do, procuring or do, or is procuring or suffering suffering to to be be done, done, some act in

15 15 violation of the rights of another violation another party to the action action respecting respecting the subject of the action, action, and 16 16 tending to render render the the judgment judgment ineffectual, ineffectual; when when pecuniary pecuniary compensation compensation would not not afford afford 17 17

adequate relief; relief, where it would be extremely extremely difficult difficult to ascertain the amount of compensation ascertain the 18 18

19 which would would afford afford adequate relief, relief; where where the the restraint restraint is necessary to prevent a multiplicity of of

20 20 proceedings, where the obligation arises from judicial proceedings; from a trust. trust. In order to grant a preliminary preliminary 21 injunction, itit is injunction, is necessary necessary that that the the movant show: show: 1) 1) irreparable irreparable injury injury and and 2) likelihood likelihood of of 22 success on the merits. Carlson v. v. Guam Telephone Authority, 2002 Guam Guam 15 ,r 15 118. 23

The trial trial court determines determines whether property property owned by by the the parties parties isis characterized characterized as as 24

25 separate property or community property. Hart v. Hart, Hart, 2008 Guam ll ,r 24. Under 19 GCA §s 11 1124.

26 26 6l05(a) 6105(a) property property acquired during during the marriage marriage by either spouse spouse is is presumed presumed to to be community 27 property. The property. The spouse asserting asserting the separate of property separate character of property acquired acquired during the marriage 28

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has the burden has the burdenof of overcoming overcoming this this presumption. presumption. Kloppenburg v. Kloppenburg, Kloppenburg, 2014 2014 Guam Guam5511 l

2 23. Whether or not the 23. the presumption presumptionof ofcommunity communityproperty propertyisisovercome overcome isis aaquestion questionof of fact fact for

3 the trial court. the trial court. Id. at 23. Id. at 23. Under Under 19 19 GCA GCA §§6lOl(a)(6), 6101(a)(6),separate separateproperty propertyincludes includes property property 4 acquired by either acquired by either spouse spouseby bygift, gift, bequest, bequest,devise, descent. devise,orordescent. Under Under 19 19 GCA§ §6101 GCA 6lol(b) (b) 5 community property is property acquired acquired by by either either spouse spouse during during marriage which which is is not not separate separate 6

property. Since the property. Since the statutes statutesgoverning governingGuam Guamlaw lawof of community communityproperty, property,19 19GCA GCA §§ 6101- 6101- 7

8 6114, were adopted 6114, were adopted from from the the California Civil Civil Code, Code, California Californiacases cases pertaining pertaining to to community community

9 property and and interpreting interpreting like like statutes statutes are are persuasive persuasive authority. Separate property authority. Separate property may may become 10 10 community property by community property by the the process process of commingling commingling in insuch such aa manner manner as as to to make make segregation segregation 11 impossible, impossible, thus requiring the thus requiring the application application of the the presumption presumption that that it is is community community property. property. 12 12

13 13 Pack Pack v. Vartanian, Vartanian, 232 Cal.App.2d Cal.App.2d 466, 472, 42 466,472, 42 Cal.Rptr. 729 (1965).

14 14 Plaintiff Plaintiffargues argues she she will willsuffer sufferirreparable irreparable injury injury since since the the Defendant Defendant may may take take further further 15 15 action to dissipate, hide, or dissipate, hide, or dispose dispose of marital marital assets to the assets to the detriment detrimentof of Plaintiff. Plaintiff. Id. Id. at 6. 6. 16 Plaintiff Plaintiff also also asserts that she asserts that she is is likely to succeed succeed on the the merits merits as the joint as the joint Fidelity Account Account 17 17

clearly identifies identifies both both parties parties as as account account owners with with the the right right of ofsurvivorship, survivorship, and and the the funds funds 18 18

19 19 can be traced to another traced back to accountjointly another account jointly owned by the the parties parties during their marriage. marriage. Id. Id. at

20 7. Defendant Defendant opposes the motion and opposes the and contends that the contends that the Fidelity Fidelity Brokerage Account is his Brokerage Account his 21 separate property under separate property under 19 19GCA GCA §§ 841 l(a). Id. 841 l(a). Id. Defendant Defendantasserts asserts that that the the account account was was funded funded 22 22 exclusively by by his his inheritance inheritance through the Gretchen through the Gretchen Healy Healy Revocable Trust and and that Plaintiff that Plaintiff 23

has failed to produce evidence showing community has failed community contributions contributions or deposits. Id. Id. 24

25 Here, Here, the Court finds the Court finds that that injunctive injunctiverelief relief is is proper under77 GCA proper under GCA §§ 20302. 20302. The The record record

26 26 shows that Defendant unilaterally that Defendant unilaterally withdrew withdrew approximately approximately $340,000.00 $340,000.00 from from the the parties' parties' joint 27 Fidelity Account Account No. -666, -666, depriving depriving Plaintiff Plaintiffofofaccess accesstotofunds fundsthat that were were used used during during the the 28

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marriage. marriage. The account jointly in account was held jointly in both both parties' parties' names names and and actively utilized utilized throughout throughout I

2 the the marriage, creating aa presumption marriage, creating presumptionthat thatititisiscommunity communityproperty propertyunder under1919GCA GCA§§6105(a). 6l05(a).

3 Although Defendant Defendant maintains maintains that that the account was the account was funded fLlndedsolely solely from his his inheritance and is inheritance and 4 therefore separate property, the separate property, the record indicates that that the the alleged inherited funds funds were deposited 5 into a joint joint account account under under both parties' names. names. Under Under these these circumstances, circumstances, the Court finds that that 6

commingling might might have have occurred, occurred, making making itit unclear unclear whether whether the the funds funds retained retained their their separate separate 7

8 character. Because the character. Because the funds funds are are intertwined with with marital marital assets assets and and the the amount amount attributable attributable to

9 each spouse cannot be spouse cannot be presently presently determined, determined,judicial judicial intervention is necessary necessary to preserve the the 10 property and prevent further dissipation. dissipation. For these reasons, reasons, the Court concludes that injunctive I11l relief reliefisisproper properto toprevent preventirreparable irreparablehand hannand and to tomaintain maintain the the marital marital assets assets between between the the parties 12

13 13 pending pending final adjudication. adjudication.

14 The Court finds that that the the return returnof ozone-halfof one-half ofthe the withdrawn withdrawn funds, funds, totaling $171,448.7l, $171,448.71, 15 to Plaintiff Plaintiffisisproper. proper. This Thisensures ensures Plaintiff Plaintiffretains retainsequal equalaccess access to to the the marital marital estate estate pending pending the 16 Court's Court's final final determination determination on on property property characterization characterization at at trial. trial. Ordering Ordering the the return return of ofthe the funds funds 17 does not constitute final adjudication constitute a final of ownership but adjudication of but merely maintains the integrity maintains the integrity of the the 18

19 disputed property and disputed property and prevents prevents its its dissipation dissipation or or concealment. concealment. Plaintiff Plaintiff is prohibited prohibited from

20 20 spending, transferring,oror otherwise spending, transferring, otherwise dissipating dissipatingany any funds Mnds withdrawn withdrawn from from the the Fidelity Fidelity 21 Brokerage Account until until aa final final determination determination of ofproperty propertycharacterization characterization and and distribution distribution is 22 22 made by the Court. the Court. 23

CONCLUSION 24 24

25 25 For the reasons reasons set forth above, the the Court Court GRANTS Plaintiffs Plaintiffs Third Third Ex Ex Parte Parte Motion Motion

26 26 Request for an an Order of of the the Return Return of ofCommunity Community Property, Property, Temporary Temporary Restraining Restraining Order, Order, and and 27 27 Preliminary Injunctionand Preliminary Injunction andorders ordersthe thereturn returnofof$171,448.71, $l7l,448.7l, to to Plaintiff. Plaintiff Plaintiff is is prohibited prohibited 28 28

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from spending, spending, transferring, or otherwise transferring, or otherwise dissipating dissipating any any funds funds withdrawn from the Fidelity withdrawn from 1

2 Brokerage Account until Brokerage Account until a final determination determination of of property property characterization characterization and distribution is

3 3 made by the Court. The funds will be deposited in the Arriola trust account. 4

5 IT IS SO ORDERED OCT 22 l12[]Z5 OCT 2025 ._ _

-----~-----:,I-=~~~:~~---_:--___.__ -~--r\-', 6 _ "_ `. ` . _.--;~,_ .

9 g /i. -;-

G HOLXCRABLE HONORABLE ARTHUR Judge, Judge; Superior ARTHUR R. ~~p~rior Court R. BARCINAS <:;ourt of Guam BARCINAS

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