Republican Brant McCreadie says it’s politics

REPUBLICAN candidate Brant McCreadie and his wife Dina McCreadie are facing an impending lawsuit in local court from a complaint filed in 2010.

The complaint was filed by Galen Lujan, Jose Okada and Alicia Okada, who are all represented by the law offices of Jacques G. Bronze. The three are former officials of ASPAC Distributors, which the McCreadies bought. Purchased by the McCreadies were 50,000 shares of stock from Lujan and 10,000 shares of stock each from the Okadas.

The Variety obtained a copy of the complaint which states the McCreadies were supposed to make payments via promissory notes, but allegedly breached the agreement.

According to the complaint, the McCreadies owe $35,435.75 to Lujan and $10,000 each to the Okadas.

The court document states the McCreadies made certain payments to all three but as of Jan. 25, 2010, Alicia Okada was owed $6,646.94; Jose Okada $9,549.43; and Lujan $30,617.93. These debts are allegedly still unpaid.

In February 2010, the plaintiffs mailed a notice to the McCreadies and demanded full payment of the amount owed under the notes.

“But defendants failed to comply with plaintiff’s demand,” the complaint stated.

Because of the non-payment, Lujan and the Okadas are seeking $46,814.30 in damages, plus accruing interest; the costs of suit and reasonable attorney’s fees; post-judgment interest; “and for such other relief as the court deems just and proper.”

Political

Candidate Brant McCreadie, however, isn’t letting the complaint get in the way of his goal of winning a seat in the 32nd Guam Legislature.

“It’s a small lawsuit. It’s unfortunate that it’s a political season and some people will do anything at best to try and not get me elected,” he said, adding the case is now in the hands of the court.

The McCreadies’ attorney, Tom Fisher, in the meantime, filed an “Answer to a Complaint and Counterclaim” in response to the plaintiffs.

The document filed by Fisher on June 22, 2010 states the McCreadies admit to buying shares of stocks with ASPAC Distributors as the plaintiff’s claim, but that the Agaña Heights couple did not breach the promissory notes.

Court documents reveal that in August 2009, Lujan and the Okadas offered to sell ASPAC Distributors to the McCreadies after presenting to them that the business income exceeded $200,000 per annum. The McCreadies, in turn, believed the representations “relied upon them and were induced by Lujan and the Okadas to purchase the business.”

“The representations by Lujan and the Okadas were false, and they knew the representations were false,” the counterclaim stated.

Thus, the McCreadies are also requesting judgment against Lujan and the Okadas for compensatory damages in the amount of $100,000 and an amount to be proven in trial; exemplary damages in the amount of $1 million; legal interest; attorneys’ fees and costs of suit; and such other and further relief the court deems just and proper.

A motion was also filed last year in October to dismiss the case for failure to prosecute because the plaintiffs did not seek an agreement on a hearing date by the McCreadies. The motion also noted the plaintiffs filed a motion for summary judgment on May 23 last year, but nothing has been done since.