Marian Aldan-Pierce v. Leocadio C. Mafnas

Good Law
31 F.3d 756·94 Daily Journal DAR 10931·1994 WL 401470·1994 U.S. App. LEXIS 20177·94 Cal. Daily Op. Serv. 5997
United States Court of Appeals for the Ninth CircuitAugust 4, 199491-16240California1,394 words

Opinion

Opinion

Norris, J.

Marian Aldan-Pierce, Plaintiff-Appellant, appeals from a final judgment of the Supreme Court of the Commonwealth of the Northern Mariana Islands (“CNMI Supreme Court”) reversing the judgment of the Commonwealth of the Northern Mariana Islands Superior Court (“CNMI Superior Court”) in favor of Aldan-Pierce in a title dispute. We reverse and reinstate the CNMI Superior Court’s judgment. ■

I

In September, 1984, Antonia Villagomez entered into an option agreement with Leo-cadio Mafnas for the sale of certain real property in the Commonwealth of the Northern Mariana Islands (“CNMI”). Villagomez exercised the option within the applicable time period, but Mafnas refused to perform. Villagomez subsequently assigned her rights under the agreement to Plaintiff-Appellant Aldan-Pierce for consideration.

Villagomez, Aldan-Pierce and Mafnas are persons of Northern Mariana descent. Randall Fennell and Brian McMahon, two persons not of Northern Mariana descent, entered into an agreement with Villagomez, and then Aldan-Pierce, to provide the purchase price for the exercise of the option in exchange for the maximum leasehold interest allowed by law. When Mafnas refused to comply with the option…

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