by Mindy Aguon
Guam - Gill Baza Subdivision developer Cyfred, Ltd. is looking to have Superior Court Judge Anita Sukola disqualified from sitting in on a civil suit filed by Kini and Aiowanna Sananap several years ago. Cyfred attorney Curtis Van De Veld contends the judge lost perspective of the case and doesn't believe his clients will be afforded justice.
He told KUAM News, "At a hearing, which occurred while there was a bankruptcy stay, the judge indicated that she had extrajudicial communications; considering a matter that wasn't even before her court, she expressed concern about it and that's improper conduct for the court to engage in and so we asked that she be disqualified."
Van De Veld added that his client believes they are entitled to offset the money that the residents owe to Cyfred with the judgment imposed by the court.
Yet the attorney for Sananap and Gill Baza residents, Wayson Wong, believes this latest motion is just another delay tactic by the developer. He said, "The reasons for disqualifications are shallow - Cyfred was about to be executed upon at the Gill Baza subdivision on December 15; on December 14 they filed for Chapter 11 bankruptcy to try and stop those execution sales."
Wong says this latest motion comes after Cyfred was kicked-out of bankruptcy court and he moved to continue the execution of the lots at Gill Baza so his clients can get the more than $750,000 judgment from the developer.
The parties presented arguments to Judge Vern Perez this afternoon.