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Hawaii Questions & Answers
1 Answer | Asked in Workers' Compensation for Hawaii on
Q: IS IT LEGAL TOO LOOSE ALL YOUR PENSION RETIREMENT AND ALL CREDITS EARNED , DUE TOO A WORK INJURY WHILE GOING TO PT.
Tim Akpinar
Tim Akpinar
answered on Jun 12, 2022

A Hawaii attorney could advise best, but your question remains open for two weeks. I'm sorry about your ordeal. You could reach out to employment attorneys about the pension issues at this point, unless you want to try reposting under the Employment Law category. If you do not have a... Read more »

1 Answer | Asked in Criminal Law for Hawaii on
Q: I have a citation for assault 3rd. I am not guilty. My court date is June 2 2022
Mark Simonds
Mark Simonds
answered on Jun 10, 2022

Aloha,

You have some very important Constitutional rights. First of all, you have the 5th Amendment right against self incrimination; the 6th Amendment right to counsel, and to a jury trial if you so choose; and the 5th and 14th right to du process. Probably the most important of these...
Read more »

1 Answer | Asked in Estate Planning for Hawaii on
Q: My sister who resides in Hawaii just passed. Can one sibling take all her belongs for themselves without us knowing?

Our family consists of 5 siblings spread across the United States. Our sister passed away in Hawaii without a will, and without knowing it, one brother asked a cousin to go pack up her things, without first consulting with us.

We do not know where her belongs (including cars, bank accounts,... Read more »

Kelly LaPrade
PREMIUM
Kelly LaPrade
answered on May 26, 2022

If your sister died without a will then her probate assets would be inherited according to the laws of intestacy. It may be appropriate to safeguard property by taking possession, versus ownership, of the property. Having said that, the lack of transparency is a problem. For instance, it may be... Read more »

1 Answer | Asked in Trademark for Hawaii on
Q: I’m producing a fashion exhibition with a vintage privately-owned collection. Do I need a trademark license?

The exhibition venue is available to the public, but the admission is ticketed. The fashion brand is a well-know public-facing entity, though, they do not have any affiliation with this exhibition. I am marketing and advertising this as an “honorary tribute and retrospective” and am making sure... Read more »

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on May 26, 2022

Use of the trademark to identify the goods exhibited, so long as they are authentic and not counterfeit, is allowable and referred to as "nominative fair use" of the brand. It would be prudent, however, to state in promotional materials that the exhibitor is not affiliated with the brand... Read more »

1 Answer | Asked in Criminal Law and Landlord - Tenant for Hawaii on
Q: Can a landlord make a police report on a tenant for criminal property damage? Tenant and guest damaged rental property.

Tenant and tenant's guest severely damaged glass windows and removed window screens of rental property. Tenant has overstayed their 45 days notice to vacate and has not paid any rent has become a nonpaying holdover tenant.

Mark Simonds
Mark Simonds
answered on Apr 25, 2022

In Hawaii, under your scenario, a person commits the offense of criminal property damage if by means other than fire (which would be arson), the person intentionally or knowingly damages the property of another without the other's consent. As the rental unit is your property you are well... Read more »

1 Answer | Asked in DUI / DWI for Hawaii on
Q: I was charged with a DUI but the case was dismissed. Can’t the court just call the DMV to get driverslicense reinstated?
Mark Simonds
Mark Simonds
answered on Apr 17, 2022

If you were arrested for Operating a Vehicle Under the Influence of an Intoxicant in Hawaii, you are not only subject to the criminal charge in District Court, but Administrative Driver’s License Revocation Office proceedings as well. As such, even if the criminal case in court is dismissed, your... Read more »

1 Answer | Asked in Criminal Law for Hawaii on
Q: i have evidence of person telling me that he planted something on me so that the cops can raid my house

many things in my case being over looked by my layer and the police that makes me question the integraty of everything in my case

Mark Simonds
Mark Simonds
answered on Apr 17, 2022

Aloha, you have a Constitutional Right to not only have an attorney represent you, but to Effective Assistance of Counsel. To prove ineffective assistance of your attorney, you must show (1) that your trial lawyer's performance fell below an "objective standard of reasonableness" and... Read more »

1 Answer | Asked in Tax Law for Hawaii on
Q: I was given a motor vehicle by a widow who's husband did not register and not paid annual vehicle tax for 15 years

Is it possible to ask a judge to waive or reduce the tax, the vehicle is in poor condition and not worth much

Mark Simonds
Mark Simonds
answered on Mar 23, 2022

Aloha, this is a question best left to your local DMV. Usually, if a car is not to be used for an extended period of time, it is advisable to turn in the license plates and obtain a "storage certificate" the issuance of same would stop registration fees and taxes from accruing. The courts... Read more »

1 Answer | Asked in Landlord - Tenant for Hawaii on
Q: I have been helping someone move out. I've been here for 2 months during the eviction process. Am I considered a tenant?

It is against "house rules" to have a guest for more than 5 days without having them register with management. I was never registered a a guest, but have witnesses to show I've been here for more than 2 months. Now that my friend is almost completely moved out, management gave me one... Read more »

Mark Simonds
Mark Simonds
answered on Mar 23, 2022

No. As you were never on the lease, and the tenant (your friend) moved out, you have no legal right to remain in the unit. Not to be blunt, that is just the state of the law.

1 Answer | Asked in Landlord - Tenant, Appeals / Appellate Law, Civil Litigation and Civil Rights for Hawaii on
Q: Are landlord required to notify tenants when a writ of possession is issued after default summary possession

Default was granted when answer was unable to be filed do to medical emergency

Mark Simonds
Mark Simonds
answered on Mar 23, 2022

What makes this question unusual is the date of same, March 5, 2022. In July of last year, Governor Ige signed into law Act 57, which required landlords and tenants to avail themselves to mediation prior to landlords filing eviction proceedings based upon non-payment of rent. Typically, landlords... Read more »

1 Answer | Asked in Car Accidents for Hawaii on
Q: Hit empty parked car; parked in a no parking area. Dropped off kids returned, wrote note, and waited. Their unlicensed.

Minor damage on back bumper. I took my kids to school and returned to find owner. The driver of parked car has no license. She says her husband has a license and will finish work at 230p. Pictures were taken and she took her kida to school. I didn't see the car, but assumed there is no car... Read more »

Mark Simonds
Mark Simonds
answered on Mar 23, 2022

Aloha, being that this occurred 3 weeks ago, the urgency has most likely passed. That said, you do have a duty to report most serious accidents that occur in or along Hawaii's public roadways. As the person whose car you struck was not operating the vehicle at the time, it is unlikely... Read more »

1 Answer | Asked in Real Estate Law for Hawaii on
Q: Have there been any cases before the courts in Hawai involving pickleball playing on tennis courts in an AOAO
Mark Simonds
Mark Simonds
answered on Mar 23, 2022

Interesting question! While there are no reported appellate decisions directly on point, there are appellate opinions that speak to use and/or alteration of common elements and/or limited common elements in a condominium regime. For example, take a look at AOAO v. Bowers, 125 Hawai'i 242 (ICA... Read more »

1 Answer | Asked in Intellectual Property for Hawaii on
Q: If a company in china steals my photos of Me. on My hawaii business website and uses it to make sales, do I sue?

I have no affiliation with this company. I wrote them and told them what they did was not right and they blocked me. my business is licensed, I have the contract for the photos and I was the model.Those photos they stole are 5 photos and my words used in two different ADs.

Jingzhan Wang
Jingzhan Wang
answered on Feb 21, 2022

as per the civil code of China, Unless otherwise provided by law,

no one may make, use, or publicize the image of the right holder without the latter’s

consent.

1 Answer | Asked in Real Estate Law for Hawaii on
Q: Other reasons a member of an Association needs to solicit proxies if there is no ELECTION at the Annual Meeting?

Hawaii State Statutes 514B

Mark Simonds
Mark Simonds
answered on Feb 12, 2022

In order to answer this accurately, it would be best to review the by-laws, along with the agenda for the meeting to determine what, if anything, was being voted on and to determine when a proxy may be properly used.

1 Answer | Asked in Car Accidents for Hawaii on
Q: What can be done about a victim who is not responding to a defendant’s efforts to pay owed restitution?

Restitution is owed for damage to a vehicle. The defendant’s insurance company has been trying to reach the victim for nearly 6 months to schedule an appraisal and get pictures of the damage, but the victim is not providing the necessary information.

Mark Simonds
Mark Simonds
answered on Feb 12, 2022

An insurance company will hold a claim open, usually for a few years, but if the claimant abandons it, then the matter is closed. Was this a traffic crime case? If so, the District Court may take no further action at some point. Feel free to reach out to me if you have any other questions.

1 Answer | Asked in Car Accidents for Hawaii on
Q: I hit an illegally parked car in a handicap spot who is responsible
Mark Simonds
Mark Simonds
answered on Feb 12, 2022

You are responsible if you acted intentionally, knowingly, recklessly, or negligently with respect to the operation of your vehicle. Accidents happen. However, if the operator of the other car parked in a manner that was a contributing factor to the collision (ex. Out of stall, obstructing a... Read more »

1 Answer | Asked in Civil Litigation and Small Claims for Hawaii on
Q: Under Hawaii law 607-14.5 Attorney fees and costs in civil actions, doesn't it involves domestic violence or injury?

In a TRO case the judge prior to the hearing began, stated that if I lost, than I would have to pay for the opposing attorney's fees. In our case there were no domestic violence and or personal injury, or hardship by lost of work, within the parties involved. There were no evidence shown... Read more »

Mark Simonds
Mark Simonds
answered on Feb 12, 2022

Actually, the prevailing party in a TRO hearing may file a non-hearing motion for attorney’s fees and costs. That means there is no hearing, but you may file a written response if you object to paying the other side’s legal bill. The judge probably warned the parties of this in her or his... Read more »

1 Answer | Asked in Real Estate Law and Contracts for Hawaii on
Q: Do I need to go over the disclosure after sending in my recission notice, which has been received by the timeshare

Contacted by rep. Says needs to go over disclosure to speed up transfer of funds. Downpayment

Mark Simonds
Mark Simonds
answered on Feb 12, 2022

Aloha, if your rescission was submitted in a timely manner, that effectively ends your contractual obligation with the seller. Assuming this is so, I am uncertain why they would require you to go over disclosures. Feel free to reach out to me should you need further assistance.

1 Answer | Asked in Small Claims for Hawaii on
Q: On the 6th of January, I was involved in a minor collision where my car had collided with another. No one was harmed and

Both cars just had a minor bump and scratch. Basically, the women was very angry and asked for my insurance, I knew I wasn’t Insured so asked if we could go out of pocket. She then called the police, I called Geico (an insurance company) and got insured as a non owner on vehicles within the time... Read more »

Matthew A Sylva
Matthew A Sylva
answered on Feb 10, 2022

You should consider consulting an attorney for actual legal advice based on what's in your question above. Your situation involves possible insurance fraud (if you filed a claim with Geico for the accident versus just showing the police that you had current insurance by the time they arrived).... Read more »

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