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2015 American Samoa Slip Opinions

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2015 American Samoa Slip Opinions AMERICAN SAMOA SLIP OPINIONS 2015 Decisions Covering Certain Opinions From the Divisions of the High Court of American Samoa From January to December 2015 Collected and Disseminated by the High Court of American Samoa Pago Pago, American Samoa 96799 Edited by: Jon Clemens, Staff Attorney Allyson Gault, Law Clerk Huiju Jeon, Law Clerk August 24, 2016 As part of an ongoing effort to keep the local bar current with court decisions, the High Court of American Samoa selected and disseminated a number of decisions that it issued in 2015. The Court selected only those decisions that contributed to the development of law in the Territory. The decisions selected for this slip opinion compilation are from the Appellate Division, Trial Division, Land and Titles Division, and Family Drug and Alcohol Division. However, the Court has also included a supplemental section containing a report’s transcript of an order on a criminal matter issued from the bench in 2008. Bear in mind, some of the lower court orders and opinions may yet be appealed. Consequently, attorneys cite the contained lower court decisions at their own peril. The formatting style for the 2015 Slip Opinions follows the style used in the 2014 Slip Opinions. The format closely matches the American Samoa Reports. The purpose for such conformity is strictly internal—to simplify the process for editing and formatting the slip opinions when they are eventually published in the American Samoa Reports. Considering that citing to slip opinions may be new for some members of the bar, there is a gray box preceding every slip opinion indicating how that slip opinion ought to be cited. Moreover, the headnotes are pin-cited. This should make the transition to slip opinion citation more endurable. More slip opinion compilations like these may appear in the near future while we wait on the publication of the American Samoa Reports. The slip opinions are organized by court division and are listed in chronological order within the court division grouping. There are no page numbers in this volume. A page number on a given slip opinions is indicated by a number in bold font and enclosed on either by two asterisks and a bracket (e.g., “[**2**]”). The page numbers reported in a slip opinion are imbedded in the body of the slip opinion in correspondence with the actual page breaks of the original decision physically filed with the Clerk of Courts. Please take note, the slip opinions that appear herein are not official published versions of those decisions. Readers are directed to the American Samoa Reports for official published High Court and District Court decisions. TABLE OF CONTENTS Appellate Division Am. Samoa Gov’t v. Whitehorn Constr., Inc., AP No. 09-14 (App. Div. Jan. 28, 2015) (order den. pet. for reh’g) Fa’asala v. O’Brien, AP No. 03-13 (App. Div. Jan. 29, 2015) (op. & order) Solomuli v. Am. Samoa Gov’t, AP No. 15-12 (App. Div. Feb. 6, 2015) (op. & order) Solomuli v. Am. Samoa Gov’t, AP No. 15-12 (App. Div. Mar. 3, 2015) (order den. pet. for reh’g) Am. Samoa Gov’t v. Seumanutafa, AP No. 10-14 (App. Div. Aug. 19, 2015) (order granting pet. for reh’g) Trial Division Am. Samoa Gov’t v. Malae, CR No. 100-13, 188-13 (Trial Div. Jan. 27, 2015) (order den. mot. to recons. sentence/mot. for new sentencing) Am. Samoa Gov’t v. Wright, CR No. 67-14 (Trial Div. Feb. 9, 2015) (op. & order) Vaivai v. Am. Samoa Gov’t, CA No. 53-13 (Trial Div. Feb. 9, 2015) (order den. mot. for j. on the pleadings) Fa’asala v. Ainu’u, CA No. 62-02 (Trial Div. Feb. 10, 2015) (order den. mot. for recons. or new trial & for stay of enforcement) In re the Application by Adriatic Sea Fisheries, Ltd. to Register Cal. Comm’n and to Issue a Subpoena to the Custodian of records of Purse Seine Samoa, Inc., FJ No. 01-15 (Trial Div. Feb. 17, 2015) (order den. appl. to register comm’n) Blizzard v. Dev. Bank of Am. Samoa, CA No. 80-14 (Trial Div. Mar. 6, 2015) (order on pl.’s mot. to dismiss) In re Ben Fa’asamoa Fanene v. Am. Samoa Gov’t, CA No. 06-10 (Trial Div. Mar. 10, 2015) (op. & order) Fulu v. Mobil Oil Am. Samoa, CA No. 29-07 (Trial Div. Apr. 8, 2015) (op. & order) Manu v. Am. Samoa Gov’t, CA No. 04-15 (Trial Div. June 11, 2015) (order granting def.’s mot. to dismiss) In re the Application by Adriatic Sea Fisheries, Ltd. to Register Cal. Comm’n and to Issue a Subpoena to the Custodian of records of Purse Seine Samoa, Inc., FJ No. 01-15 (Trial Div. June 12, 2015) (order den. am. pet.) Am. Samoa Gov’t v. Latianara, CR No. 02-15 (Trial Div. July 9, 2015) (order accepting plea agreement) ANZ Guam, Inc. v. Pago Pago Village Council, Inc., CA No. 33-11 (Trial Div. July 13, 2015) (op. & order) Am. Samoa Gov’t v. Leafatia, CR No. 15-15 (Trial Div. July 15, 2015) (order den. mots. to suppress evid. & to release $4,184.00) Am. Samoa Gov’t v. Lin, CR No. 12-15 (Trial Div. July 15, 2015) (order granting mot. to suppress evid.) Vitaliano v. Three Y, Inc., CA No. 22-15 (Trial Div. Aug. 10, 2015) (order on defs.’ mots. to disqualify pls.’ counsel, dismiss or remove this matter from summ. proceedings, & vacate trial) ExxonMobil Asia Pac. PTE, Ltd. v. Am. Samoa Gov’t, CA No. 38-14 (Trial Div. Aug. 17, 2015) (order granting pet’r’s mot. to shift burden of proof, den. resp’ts’ mot. to bifurcate trial, & pet’r’s req. for subpoena) Am. Samoa Gov’t v. Peric, CR No. 05-15 (Trial Div. Aug. 21, 2015) (order den. mots. to dismiss & to suppress evid.) Tervola v. ANZ Amerika Samoa Bank, CA No. 14-13 (Trial Div. Sept. 1, 2015) (order den. mot. for leave to amend compl.) In re Ben Fa’asamoa Fanene v. Am. Samoa Gov’t, CA No. 06-10 (Trial Div. Sept. 3, 2015) (order den. resp’t’s mots. for recons. &/or new trial & for resp’t’s mot. for stay under T.C.R.C.P. 62(b)) Tualau v. Am. Samoa Gov’t, CA No. 82-14 (Trial Div. Sept. 3, 2015) (order den. mot. to dismiss under rule 12(b)) Heraliti v. Am. Samoa Gov’t, CA No. 67-14 (Trial Div. Sept. 3, 2015) (order den. resp’t’s mot. for recons.) In re the Estate of Aperaamo Mamani, PR No. 19-15 (Trial Div. Sept. 10, 2015) (order to join necessary part, appoint guardian ad litem for minor, direct guardian ad litem to retain counsel) Pac. Princess P’ship, Ltd. v. Pac. Stevedoring Servs., CA No. 52-13 (Trial Div. Sept. 14, 2015) (order den. def.’s mot. for summ. j.) Nomura v. Jones, CA No. 50-06 (Trial Div. Sept. 15, 2015) (order den. mot. to dismiss & imposing lesser sanctions) Conference of Samoan Adventist Church (Am Samoa), Inc. v. Ekalesia Asofitu Tuto’atasi I Amerika Samoa, CA No. 02-15 (Trial Div. Sept. 16, 2015) (op. & order) Newton v. Am. Samoa Telecomms. Auth., CA No. 29-15 (Trial Div. Sept. 22, 2015) (order den. mot. to dismiss) Am. Samoa Gov’t v. Tasimani, CR No. 138-07 (Trial Div. Sept. 30, 2015) (order revoking probation) Am. Samoa Gov’t v. Asi, CR No. 69-14 (Trial Div. Oct. 1, 2015) (order den. mot. to withdraw plea of guilt) Sualua v. Tuifatu, CA No. 47-15 (Trial Div. Oct. 1, 2015) (j. for possession by summ. proceedings) Fisher v. Am. Samoa Gov’t, CA No. 14-11 (Trial Div. Oct. 7, 2015) (order dismissing action) Binaco Textiles, Ltd v. Alamai Corp., CA No. 101-07 (Trial Div. Oct. 14, 2015) (order den. mot. to dismiss & mot. to compel produc. of docs. & records & impose sanctions) Fa’ai’u v. Seigagao, CA No. 74-10 (Trial Div. Oct. 16, 2015) (op. & order) Dev. Bank of Am. Samoa v. Hunt, CA No. 34-14 (Trial Div. Oct. 20, 2015) (order granting Am. Samoa Gov’t mot. to dismiss third-party compl.) Binao Textiles, Ltd. v. Spencer, Inc., CA No. 36-08 (Trial Div. Oct. 21, 2015) (order compelling pl. to comply with def.’s disc. reqs.) Tilo v. Tilo, DR No. 42-14 (Trial Div. Nov. 9, 2015) (interim order) Am. Samoa Gov’t v. Maiava, CR No. 66-10 (Trial Div. Nov. 10, 2015) (j. & sentence for contempt of ct.) Am. Samoa Gov’t v. Blake, CA No. 08-15 (Trial Div. Nov. 20, 2015) (order continuing proceedings) In re Ben Fa’asamoa Fanene v. Am. Samoa Gov’t, CA No. 06-10 (Trial Div. Dec. 4, 2015) (order den. pet’rs’ mot. for an order in aid of j. & granting resp’t’s mot. for stay pending appeal) In re the Estate of Joyce Sawyer, PR No. 26-15 (Trial Div. Dec. 7, 2015) (order on pet. to admit will to probate) Land and Titles Division Suafo’a v. Savane, LT No. 16-14 (Land & Titles Div. Mar. 12, 2015) (order den. defs.’ mot. for judge recusal) The Estate of Leleo Solaita v. J. Len T’s, LT No. 01-14 (Land & Titles Div. Mar. 25, 2015) (order den. mots. to dismiss under T.C.R.C.P. rule 12(b)(6) but granting dismissal for duplicity) In re Matai Title “Tuana’itau,” MT No. 04-14 (Land & Titles Div.
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