E.R. Lucero, Also Known as Eleanor R. Samonte, Also Known as Eleanor R. Lucero v. Timothy A. Stewart

Good Law
892 F.2d 52·1989 WL 150589·1989 U.S. App. LEXIS 19004
United States Court of Appeals for the Ninth CircuitDecember 14, 198988-15793California1,862 words

Opinion

Opinion

Thompson, J.

Eleanor R. Lucero (“Lucero”) appeals a decision of the appellate division of the district court of Guam (“appellate division”). The appellate division affirmed a judgment against Lucero in a malicious prosecution action she had brought against Timothy A. Stewart (“Stewart”) in the Guam superior court (“superior court”). Lucero contends the superior court erred in concluding that Stewart, an attorney, had probable cause to file a counterclaim against her. Lucero also argues the superior court committed reversible error in admitting certain photographs into evidence and in permitting the jury to view the photographs during its deliberations. We have jurisdiction under 48 U.S.C. § 1424-3 (c) and we affirm.

FACTS AND PROCEEDINGS

Lucero owns the Bangkok Lounge (“the lounge”) located in Maite, Guam. In a prior action, Lucero filed suit against Roger Landry (“Landry”), lessee of the lounge, for rents and ejectment. Stewart, acting as Landry’s attorney, answered the suit and filed a five-count counterclaim against Lucero. The first four counts alleged certain defects in the lounge and sought in-junctive and monetary relief for Landry. The fifth count alleged that similar conditions…

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