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IN THE THE SUPERIOR SUPERIOR COURT OF GUAM GUAM BY:
WAYSON W.S. WONG, CIVIL CASE NO. no. CV0425-18
Plaintiff, DECISION DECISION AND ORDER DENYING DENYING vs. MOTION MOTION TO TO STAY ENFORCEMENT OF STAY ENFORCEMENT OF THE AMENDED AMENDED JUDGMENT CYFRED, LTD., and andLEONARD LEONARD FRANCIS GILL aka FRANCIS GILL, aka FRANCIS
Defendants. Defendants.
Defendants, Cyfred, Ltd. Ltd. and and Francis Gill Gill move move the the Court Court to to stay stay the enforcement of the
January 21, 2025 2025 Amended Amended Judgment Judgment pending pending the the outcome outcome ofrelated of related cases, or in cases, or in the alternate,
for leave of of court court to post real property as a supersedeas supersedes bond pending pending appeal. appeal. The Court finds
that a stay stay of of the enforcement enforcementof ofthe theAmended AmendedJudgment Judgmentisisunwarranted unwarranted in inthis this matter matter and and that that
Cyfred and Cyfred and Gill Gillmust must post post aa cash supersedes bond cash supersedeas equal to bond equal to the the value value of ofthe the Amended Amended Judgment, Judgment,
$200,619.74 1 as of January which is $200,619.74' 13, 2025, January 13, 2025,plus plusinterest. interest. As such, such, the theCourt Court DENIES DENIES Cyfred Cyfred
and GilTs Motion. and Gill's Motion.
I. 1. LAW AND DISCUSSION DISCUSSION
A. There Thereare areinadequate inadequategrounds grounds to to require require aa stay. stay.
This Court has has inherent inherent equitable equitableauthority authority to stay the execution of its own judgments,
however however there there are certain requirements that must must be be met metfor for the the Court Court to to exercise this this discretion.
Waarhdad Waathdad v.v.Cyfred, Cyfred,Ltd, Ltd, 2024 Guam 6 ~~ W 14-15. 14-15. The The Guam Guam Supreme Supreme Court in in Waathdad Waathdad
11 Pending before the the Court is is aa determination on an award award for for further attorney's fees sought by Wong. See Wong. See CVR7.1 CVR 7.1 Form Form 33 (Apr. (Apr. 25, 25, 2025).
ORIGINAL CV0425-18 CV0425-I8 DECISION AND ORDER DENYING MOTION TO STAY Page Page2 ENFORCEMENT OF THE ENFORCEMENT OF THE AMENDED AMENDED JUDGMENT
adopted the test put forth by California courts courts in determining determining whether whether grounds exist to permit the
Court to utilize its its discretion discretion to to stay stay the the execution execution of of aa judgment. judgment. This test test first requires that the
judgment creditor creditor and and judgment debtor are parties in both casesand then requires courts to
following factors: weigh the following factors: (1) (1) the the likelihood likelihoodofofthe thejudgment judgment debtor debtor prevailing prevailing in in the the other
action, (2) the amount of action; of the the judgment of ofthe the judgment judgment creditor creditor as as compared compared to the amount of the
of the probable recovery of the judgment judgment debtor debtor in in the the action action on the disputed claim, claim; and (3) the
ability of financial ability of the the judgment judgment creditor to to satisfy the judgment judgment if a judgment judgment is rendered against
the judgment judgment creditor creditor in in the the action actionon onthe thedisputed disputedclaim. claim. Id. Id W,i,i 17-18. 17-18.
Cyfred and Cyfred and Gill Gillargue arguethat thatthe theAmended AmendedJudgment Judgment should should be be stayed on equitable grounds
ofCV0735-18, pending the determination of CV0735-18, CV0426-18, CV0444-19, and CV0396-23 to allow
Cyfred to recover Cyfred to recover from from Wong Wong what what he he could could personally personally owe owe Cyfred. Cyfred. Def. De£'s Mot. Mot. Stay Stay
of Am. J. Enforcement of J. at 3 (Jan. 29, 29, 2025). They argue 2025). They argue there there is a strong strong likelihood likelihood of of their
success in the other actions, a stay is is warranted until the the exact exact amount amount owed owed by Wong and his
clients in the other actions is determined, and that it will be difficult to to collect collect from from Wong
because of his because of his residence residenceininHawai'i Hawai'i and and from from his clients clients because becauseofoftheir theirindigency. indigence. Id Id at 3-8.
Wong opposes a stay stay arguing arguing that that the the facts facts and andapplicable applicable law law in the other actions do do not
show that that Cyfred Cyfred is likely likely to to prevail, prevail, the the amount of the judgments judgments in in favor favor of of Cyfred in other
actions will not not equal equal in in value valueto tothe the amended amended judgment in in this this case, and that case, and that Cyfred Cyfred has has failed failed to
establish Wong's insolvency. establish Wong's insolvency. Pl.'s Pl. 's Men. Mem.ininOpp'n Opp'ntotoDe£'s Def. 'sStay StayMot. Mot.atat4-6 4-6(Mar. (Mar. 28, 28, 2025). 2025).
The Court starts by by considering considering the requirement requirement that the judgment creditor and judgment judgment
debtor are parties parties in both actions. The parties actions. The parties involved involved in in this case case are Wong, Cyfied, Cyfred, and Gill.
Wong is not a party party in CV0735-18, but is a named named party party in in CV0426-18, CV0444-19, and
CV0396-23. CV0396-23. Cyfred Cyfred and and Gill Gill argue argue that Wong Wong is is personally personally liable liable to them for the claims in
U v E lIll ORIGINAL RG CV0425-I8 CV0425-18 DECISION AND ORDER ORDER DENYTNG MOTION TO DENYING MOTION TO STAY Page 3 Page ENFORCEMENT OF THE THE AMENDED JUDGMENT
CV0396-23, and for attorney's attorney's fees fees in in CV0426-18 CV0426-18 and CV0444-19 and that Wong has
represented that any judgment amount recovered judgment amount recovered in CV0425-18 CV0425-l will be used to pay Cyfred and
Gill in the other actions actions on behalf of on behalf of his his clients. clients. Def.'s Mot. Stay Def.'s Mot. Stay Enforcement Enforcement of of Am. Am. J. J. at 2.
The Court, however, follows follows the the requirements ofthe requirements of the Waafl'/dad Waathdad test that the the judgment judgment creditor creditor
judgment debtor are parties in both actions. and judgment
Moreover, other logistical reasons justify denial of justify the denial of aa stay. stay. When the Court considered
previous stays in in CV0735-18, this Court Court was the only only tribunal overseeing overseeing actions actions related related to these
parties. In parties. In the ensuing years, multiple actions have arisen arisen and of and are being adjudicated outside of
this Court. Requiring Requiring the the Court Court to to consider probability of consider the probability ofthe the likelihood likelihoodofofsuccess success in
multiple multiple pending pending actions, including those outside of those outside of its its purview, purview, is is overly overly burdensome. burdensome. Without
the Court's ability to oversee Court's ability oversee other other actions actions and and monitor monitor their their timing, the Court Court is deeply
concerned about external concerned about external decisions decisionsfurther further delaying delaying the the resolution resolution of of this action. action. Based Based on this
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- , ILF W a *- fL mm t3i3L:=§' v. _.1 ,',»~t 1
off ¢;am.a 'Rx 2Q25H.§l'1s W25MAY 16 PHMi 1=@7 f: 07 CLERKmfSQURT
IN THE THE SUPERIOR SUPERIOR COURT OF GUAM GUAM BY:
WAYSON W.S. WONG, CIVIL CASE NO. no. CV0425-18
Plaintiff, DECISION DECISION AND ORDER DENYING DENYING vs. MOTION MOTION TO TO STAY ENFORCEMENT OF STAY ENFORCEMENT OF THE AMENDED AMENDED JUDGMENT CYFRED, LTD., and andLEONARD LEONARD FRANCIS GILL aka FRANCIS GILL, aka FRANCIS
Defendants. Defendants.
Defendants, Cyfred, Ltd. Ltd. and and Francis Gill Gill move move the the Court Court to to stay stay the enforcement of the
January 21, 2025 2025 Amended Amended Judgment Judgment pending pending the the outcome outcome ofrelated of related cases, or in cases, or in the alternate,
for leave of of court court to post real property as a supersedeas supersedes bond pending pending appeal. appeal. The Court finds
that a stay stay of of the enforcement enforcementof ofthe theAmended AmendedJudgment Judgmentisisunwarranted unwarranted in inthis this matter matter and and that that
Cyfred and Cyfred and Gill Gillmust must post post aa cash supersedes bond cash supersedeas equal to bond equal to the the value value of ofthe the Amended Amended Judgment, Judgment,
$200,619.74 1 as of January which is $200,619.74' 13, 2025, January 13, 2025,plus plusinterest. interest. As such, such, the theCourt Court DENIES DENIES Cyfred Cyfred
and GilTs Motion. and Gill's Motion.
I. 1. LAW AND DISCUSSION DISCUSSION
A. There Thereare areinadequate inadequategrounds grounds to to require require aa stay. stay.
This Court has has inherent inherent equitable equitableauthority authority to stay the execution of its own judgments,
however however there there are certain requirements that must must be be met metfor for the the Court Court to to exercise this this discretion.
Waarhdad Waathdad v.v.Cyfred, Cyfred,Ltd, Ltd, 2024 Guam 6 ~~ W 14-15. 14-15. The The Guam Guam Supreme Supreme Court in in Waathdad Waathdad
11 Pending before the the Court is is aa determination on an award award for for further attorney's fees sought by Wong. See Wong. See CVR7.1 CVR 7.1 Form Form 33 (Apr. (Apr. 25, 25, 2025).
ORIGINAL CV0425-18 CV0425-I8 DECISION AND ORDER DENYING MOTION TO STAY Page Page2 ENFORCEMENT OF THE ENFORCEMENT OF THE AMENDED AMENDED JUDGMENT
adopted the test put forth by California courts courts in determining determining whether whether grounds exist to permit the
Court to utilize its its discretion discretion to to stay stay the the execution execution of of aa judgment. judgment. This test test first requires that the
judgment creditor creditor and and judgment debtor are parties in both casesand then requires courts to
following factors: weigh the following factors: (1) (1) the the likelihood likelihoodofofthe thejudgment judgment debtor debtor prevailing prevailing in in the the other
action, (2) the amount of action; of the the judgment of ofthe the judgment judgment creditor creditor as as compared compared to the amount of the
of the probable recovery of the judgment judgment debtor debtor in in the the action action on the disputed claim, claim; and (3) the
ability of financial ability of the the judgment judgment creditor to to satisfy the judgment judgment if a judgment judgment is rendered against
the judgment judgment creditor creditor in in the the action actionon onthe thedisputed disputedclaim. claim. Id. Id W,i,i 17-18. 17-18.
Cyfred and Cyfred and Gill Gillargue arguethat thatthe theAmended AmendedJudgment Judgment should should be be stayed on equitable grounds
ofCV0735-18, pending the determination of CV0735-18, CV0426-18, CV0444-19, and CV0396-23 to allow
Cyfred to recover Cyfred to recover from from Wong Wong what what he he could could personally personally owe owe Cyfred. Cyfred. Def. De£'s Mot. Mot. Stay Stay
of Am. J. Enforcement of J. at 3 (Jan. 29, 29, 2025). They argue 2025). They argue there there is a strong strong likelihood likelihood of of their
success in the other actions, a stay is is warranted until the the exact exact amount amount owed owed by Wong and his
clients in the other actions is determined, and that it will be difficult to to collect collect from from Wong
because of his because of his residence residenceininHawai'i Hawai'i and and from from his clients clients because becauseofoftheir theirindigency. indigence. Id Id at 3-8.
Wong opposes a stay stay arguing arguing that that the the facts facts and andapplicable applicable law law in the other actions do do not
show that that Cyfred Cyfred is likely likely to to prevail, prevail, the the amount of the judgments judgments in in favor favor of of Cyfred in other
actions will not not equal equal in in value valueto tothe the amended amended judgment in in this this case, and that case, and that Cyfred Cyfred has has failed failed to
establish Wong's insolvency. establish Wong's insolvency. Pl.'s Pl. 's Men. Mem.ininOpp'n Opp'ntotoDe£'s Def. 'sStay StayMot. Mot.atat4-6 4-6(Mar. (Mar. 28, 28, 2025). 2025).
The Court starts by by considering considering the requirement requirement that the judgment creditor and judgment judgment
debtor are parties parties in both actions. The parties actions. The parties involved involved in in this case case are Wong, Cyfied, Cyfred, and Gill.
Wong is not a party party in CV0735-18, but is a named named party party in in CV0426-18, CV0444-19, and
CV0396-23. CV0396-23. Cyfred Cyfred and and Gill Gill argue argue that Wong Wong is is personally personally liable liable to them for the claims in
U v E lIll ORIGINAL RG CV0425-I8 CV0425-18 DECISION AND ORDER ORDER DENYTNG MOTION TO DENYING MOTION TO STAY Page 3 Page ENFORCEMENT OF THE THE AMENDED JUDGMENT
CV0396-23, and for attorney's attorney's fees fees in in CV0426-18 CV0426-18 and CV0444-19 and that Wong has
represented that any judgment amount recovered judgment amount recovered in CV0425-18 CV0425-l will be used to pay Cyfred and
Gill in the other actions actions on behalf of on behalf of his his clients. clients. Def.'s Mot. Stay Def.'s Mot. Stay Enforcement Enforcement of of Am. Am. J. J. at 2.
The Court, however, follows follows the the requirements ofthe requirements of the Waafl'/dad Waathdad test that the the judgment judgment creditor creditor
judgment debtor are parties in both actions. and judgment
Moreover, other logistical reasons justify denial of justify the denial of aa stay. stay. When the Court considered
previous stays in in CV0735-18, this Court Court was the only only tribunal overseeing overseeing actions actions related related to these
parties. In parties. In the ensuing years, multiple actions have arisen arisen and of and are being adjudicated outside of
this Court. Requiring Requiring the the Court Court to to consider probability of consider the probability ofthe the likelihood likelihoodofofsuccess success in
multiple multiple pending pending actions, including those outside of those outside of its its purview, purview, is is overly overly burdensome. burdensome. Without
the Court's ability to oversee Court's ability oversee other other actions actions and and monitor monitor their their timing, the Court Court is deeply
concerned about external concerned about external decisions decisionsfurther further delaying delaying the the resolution resolution of of this action. action. Based Based on this
concern alone, the Court believes there is sufficient justification to refrain from exercising its
discretion to permit a stay.
Similarly, when considering the potential amounts sought sought among among all all cases, the Court
finds that there is is too much uncertainty to confidently state that the amount of the judgment the amount of judgment of
the judgment judgment creditor is comparable to the amount amount of of the probable probable recovery recovery of the judgment
debtor in this action.
Further, as Wong's clients are Wong's clients are not not parties parties in in this this action, action, the Court does not consider the
ability ability of ofCyfred Cyfred and and Gill Gillto to collect collect from from them them to satisfy additional additional judgments. judgments. Cyfred and and Gill Gill
argue that this factor is met because Wong resides in in I-iawai'i, Hawai'i, making collection collection difficult for
they cite them, and they citestatements statementsWong Wonghas hasmade maderegarding regardinghis his"modest "modestmeans." means." Def. Dei's's Mot. Mot. Stay
Enforcement of Enforcement of Am. Am. J. at 6; J. at 6, Def.'s Def.'s Reply to Pl.'s Reply to Opp'n to PI.'s Opp'n Def.'sMot. to De£'s Mot.Stay Stayatat 99 (Apr. (Apr. 8, 8, 2025). 2025).
ORIG !NlA' I
t • ·L ·, _ I r
;i 14~ - • CV0425-18 DECISION DECISION AND AND ORDER ORDER DENYING DENYING MOTION MOTION TO STAY Page4 Page ENFORCEMENT OF THE AMENDED JUDGMENT WDGMENT
statements alone These statements alone are are not not sufficient sufficient to to persuade the Court that Wong does not have the
financial ability abilityto tosatisfy satisfyother otherjudgments judgments against against him.
Cyfred Cyfred and and Gill Gill raise raise additional additional equitable equitable considerations considerations they believe the Court should
consider in granting this stay, such as unnecessary hardship to Cyfred, irreparable injury to hardship to
Cyfred, Cyfred, and execution impairing and execution impairing Cyfred's Cyfred's equities equities ififthe the amended judgment isis not amended judgment not stayed. stayed. Def. De£'s
Reply Reply to to P1.'s Opp'n to Def.'s Pl.'s Opp'n Def.'s Mot. Mot. Stay Stay at at 9-10. 9-10. The The Court, Court, however, however, bases bases its determination on
the test adopted in Waathdaa' Waathdad rather than looking to external external factors. Additionally, the Court factors. Additionally,
believes believes that the factors considered under the Waathdad Waathdad test testsufficiently sufficiently illustrate illustrate that that aa stay is
unwarranted. As As such, such, the the Court Court denies denies to to use use its its discretion discretion to to permit of the amended permit a stay of
and DENIES judgment and DENIES Cyfred Cyfred and and Gill's Gill's motion.
B. The TheCourt Courtrequires requiresaacash, cash, not not real real property, property, supersedes supersedeas bond bond pending pending appeal.
Under Under Guam Guam Rule of ofCivil CivilProcedure Procedure 62(d), 62( d), "when "whenan an appeal appeal is is taken, taken, the appellant by
giving a supersedeas bond may supersedes bond may obtain obtain a stay." Cyfred Cyfred and Gill request that if the Court denies
their motion for a stay stay that that the the Court Court accept accept aa supersedeas bond equal supersedes bond equal to to 125% of the value of 125% of of the
Amended Judgment Amended Judgment in in the the form ofreal form of real property. Def.'s Def. 's Mot. Mot. Stay Stay Enforcement Enforcement of ofAm. J. at Am. J. at 8-9.
Abalonev.v.Cy/red, They cite Abalos Cyfred, Ltd. Ltd. where aa court permitted permitted the posting of of real property worth
$50,000.00 $50,000.00 in lieu of ofposting posting aa $38,000.00 $38,000.00 cash bond. CV0580-02, cash bond. CV0580-02, at at 1I (Super. (Super. Ct. Guam Aug.
12, 2009). 2009). Here, however, the Court finds a cash bond is appropriate. The amount appropriate. The amount of of the bond at
$200,619.74 is significantly higher than significantly higher than the the $38,000.00 in Abalos. Additionally, the Abalone. Additionally, the Court
believes Wong raises valid valid logistical logistical concerns concerns surrounding surrounding the the time time and costs required required to to sell sell real real
property to generate property to generate the the requisite requisitecash. cash. Pl.'s PL's Mem. Men. in in Opp'n to De£'s Stay to Def.'s Stay Mot. 8-9. The Mot. at 8-9.
Court therefore therefore ORDERS ORDERS the production of a cash supersedes bond equal cash supersedeas equal to to the thefull full value of the
Amended Judgment.
ORIGINAL CV0425-18 DECISION DECISION AND ORDER DENYING DENYING MOTION TO STAY Page 5 Page ENFORCEMENT OF THE AMENDED JUDGMENT
II. 11. CONCLUSION AND ORDER
The Court refrains from from exercising its discretion to stay the Amended Judgment and
DENIES Cyfred and Gill's Additionally, the Gill's Motion. Additionally, the Court Court DENIES Cyfred and Gill's request
to post a real real property rather rather than than cash supersedeas supersedes bond bond upon upon appeal appeal of ofthe the Amended Amended Judgment. Judgment.
The Court Court requires Cyfred Cyfred and and Gill Gill post post aa cash bond equal equal to to the thefull full value of the judgment
pursuant to Rule 62. _-,A ,- 1'»"'~'%'> , 0 _ , et-"S. _~.v:, "/- _, SO ORDERED, SO 16 May ORDERED, 16 May 2025. 2025. /A,
HON ZE MTIRIARTE Judge,'sil§'é'1'i'6r§E'§i_t of Guam
/ -_ ~~/,. - ,»4 . -1" .
ORIGINAL