Sen. Paul A. Manglona (Ind-Rota) wants to exclude his siblings' expert witness, a handwriting expert in connection with their court battle over a piece of land on Upper Capital Hill, claiming a court deadline to do so has passed.
In his motion to exclude experts, Paul Manglona, through counsel Mark Scoggins, said his siblings, Priscilla M. Torres and Thomas A. Manglona and the estate of their late mother, Bernadita A. Manglona, failed to provide the necessary disclosures as required by a Superior Court order on time.
Scoggins said that Associate Judge Pro Tempore David A. Wiseman's pretrial order last Nov. 22 set Jan. 2, 2018, as the deadline to notify the court of any intention to call in an expert.
Scoggins said the lawyer for the Bernadita Manglona estateâ€™s administrators Torres and Thomas Manglona has, on many occasions, spoken about hiring a handwriting expert to challenge the signature on the 32-year-old deed from Bernadita Manglona to Paul Manglona.
â€śThere has, however, been no disclosure of any kind as required by order of this court," said Scoggins, adding that there has been no request to extend the deadline.
The court, the lawyer said, should therefore exclude the defendantsâ€™ experts, if any.
Sen. Manglona is suing Torres, Thomas Manglona, and their motherâ€™s estate over the disputed 4,181-square-meter property.
The senator asked the court to declare him the fee simple owner of the property by virtue of a deed of gift on July 11, 1985, and that neither the defendants have any rights to do it.
In their answer to the lawsuit, Torres and Thomas Manglona asserted that their motherâ€™s signature had been forged.
In the senatorâ€™s motion, Scoggins said the reason for requiring expert reports is "the elimination of unfair surprise to the opposing party and the conservation of resources."
Scoggins said the trial is set for a little more than one month and, if there is an intention to offer expert opinion, the deadline has come and gone.
The lawyer said nothing at all has been heard regarding anything to do with any expert.
Scoggins said given this, and in accordance with all of the authority set out by Paul Manglona, the court should exclude expert testimony from the trial.