Hawai'i Legal News

  Haynes v. Haas (HSC May 5, 2020) Background. Shadley Haynes was seriously injured by a Gregory Fowler Haas, a homeless man living in a storage unit. The injury occurred outside Haynes’ bar located less than a mile from Haas’s storage unit. Haynes filed a complaint against Haas, Clark Realty Corp., Kona Metro Parking & Watchmen Services, Allied Self Storage, and other properties and entities. The complaint averred that the defendants created a public nuisance by allowing Haas and others to live in one of the storage units in violation of the Hawai'i County zoning laws and that Hayes suffered serious injury as a result of this nuisance. Allied Self Storage filed a motion for summary judgment on the grounds that it owed no duty to Shadley and that it had no knowledge that people were living in storage units. The circuit court, with the Hon. Judge Ronald Ibarra presiding, granted the motions and awarded costs to the defendants. Haynes appealed. The ICA affirmed.   The...

Akau v. State (HSC March 5, 2019) Background. Timmy Hyun Kyu Akau was convicted for driving while under the influence of an intoxicant in 1987. Twenty five years later, in 2013, he petitioned the district court pursuant to HRPP Rule 40 to set aside the conviction. The district court held an evidentiary hearing to determine the merits of the petition. At the end of the hearing, the district court issued its findings of fact, conclusions of law, and order denying the petition. The district court found that Akau was arrested and charged with DUI on July 26, 1987. Two days later he appeared in the district court, Ewa Division, and pleaded not guilty. He was referred to the Office of the Public Defender and trial was set on December 23, 1987. On the day of trial he appeared without counsel and asked for a continuance so he could get an attorney. The continuance as denied. He was found guilty and convicted. He was sentenced to pay a fine, take a class, and his license was suspended ...

Kim v. Kam (ICA August 10, 2012) Background. Robert Kim, Nancy Kam, and others entered into an attorney-client contract with Matthew Pyun to represent them in bringing an action against their older brother and his handling of their deceased mother's property. Under the contract, Pyun was paid $45,000 and 25% contingency of any amount received through settlement, judgment, or award. The case settled. Based on the value of the recovered property, Pyun sent a bill of $917,529.12 to the parties. When they failed to pay, Pyun sued them. The court ultimately entered judgment against the parties and for Pyun. They ended up settling with Pyun for $767,000. They agreed that as long as they complied with the settlement, Pyun would agree not to enforce the judgment. If the parties breached the settlement agreement, however, the judgment would be immediately enforceable. Kam and the others paid Pyun only $736,000. Years later, Kim tried to refinance the property, but discovered that Pyun...

Curtis v. Dorn (ICA June 17, 2010) Background. In 1991 after Hurricane Iniki, Catherine Curtis and Jeff Dorn, an unmarried couple, bought property in Kilauea on Kauai for $171,000 with a down payment of $36,000. Curtis paid $34,000; Dorn paid $2,000. Curtis, Dorn, and their daughter moved into the house and lived there. Curtis and Dorn paid insurance, mortgage, and taxes equally until 1993, when their relationship deteriorated and Dorn moved out voluntarily. Curtis brought a partition action asking the circuit court to terminate the joint venture or partnership with Dorn, determine the equitable property interests, and the amount due to Dorn. After a non-jury trial, the circuit court--relying on the analysis from Sack v. Tomlin , 871 P.2d 298, 36 (Nev. 1994)--concluded that Curtis had 59.4% equity in the house and Dorn had 40.6%. Applying those percentages to the total equitable amount (the value of the property - the amount owed on the mortgage), the circuit court conclude...