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In UB40 concert lawsuit, court grants defendant’s motion to dismiss complaint

DISTRICT Court for the NMI Chief Judge Ramona V. Manglona on Wednesday granted a motion to dismiss the complaint against Jason Aldan, one of the defendants in the lawsuit over the canceled UB40 concert.

Represented by attorney Steven Pixley, Steven Brownstein, doing business as Steven Brownstein Entertainment, sued Aldan, Fredrick Holloman, and other individuals, accusing them of defrauding the plaintiff of $115,000 by misrepresenting that they would bring the English reggae and pop band UB40 to perform in Guam and in Saipan in 2015.

According to the lawsuit:

• Aldan represented to Brownstein that the $37,000 Brownstein transferred to Aldan’s Bank of Hawaii account on or about July 22, 2015 “would be used to secure the appearance of UB40 in Saipan and Guam.”

• The defendants repeatedly represented to Brownstein that the “artist deposit” was made and that UB40 would perform in Saipan and Guam.

In her order, Judge Manglona said the first allegation does not indicate whether the misrepresentation was made in a face-to-face meeting in Saipan or in Hawaii or by telephone or e-mail or other means.

Moreover, “the content of the misrepresentation is given, but the complaint is devoid of any indication that Aldan knew it was false,” the judge said.

She added that Aldan transferred the entire sum to Holloman so it was Holloman’s responsibility — the contract was with Holloman — to make the artist deposit.

The judge said Brownstein does not allege any pecuniary or other motive that would allow the inference that Aldan knew Holloman would misuse the funds.

Judge Manglona also found that the allegations of fraud against Aldan were insufficiently pled.

As for the unjust enrichment allegations, the judge stated that nowhere in the complaint is it alleged that Aldan kept any of the funds that Brownstein transferred to him or that Aldan otherwise profited from the deal.

Judge Manglona said the unjust enrichment claim fails. Because fraud has not been pled with specificity and the complaint fails to allege facts that would show Aldan was enriched, the court granted Aldan’s motion to dismiss both claims against him.

Aldan, a former CNMI resident now based in Hawaii, was represented by attorney Robert T. Torres.

Source: Marianas Variety : http://www.mvariety.com/cnmi/cnmi-news/local/100529-in-ub40-concert-lawsuit-court-grants-defendant-s-motion-to-dismiss-complaint

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