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Hawaii Civil Litigation Questions & Answers
0 Answers | Asked in Civil Litigation, Civil Rights, Collections and Constitutional Law for Hawaii on
Q: What does section 21 and 22 mean in the BILL OF RIGHTS HAWAII CONSTITUTION?

Where can one get more details as to each section in HAWAII BILL OF RIGHTS and any case law related?

0 Answers | Asked in Criminal Law, Civil Litigation, Civil Rights and Sexual Harassment for Hawaii on
Q: What is the HOA obligated to do if I report that the others in the building are targeting me for harassment?

I own the condo unit that I live in and it has been broken into several times by a renter. All that is missing is my ceiling fan remote.

The witness is an owner/occupant who frequently yells out their window to question my sexuality and boast having seen naked pictures of me. They have... Read more »

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 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 Civil Litigation for Hawaii on
Q: The Board of Directors has changed, although we haven't had any meetings. How can this be

The president of the board moved and sold his unit. No meeting was held to fill vacant position.

Randy Bryan Ligh
Randy Bryan Ligh
answered on Apr 16, 2021

What do your governing documents say when a director or office sells his unit? The documents should detail removal and/or replacement.

2 Answers | Asked in Civil Litigation and Contracts for Hawaii on
Q: Can I oppose a motion to transfer from Hawaii small claims court to circuit court ?

I sued for $5,000 for failure to pay for hourly labor and equipment. He's counter suing for $96,000 , and has filed a motion to transfer to circuit court. This is for work preformed on a sailboat

Tim Akpinar
Tim Akpinar
answered on Jul 26, 2020

A Hawaii attorney would be able to advise best, but your question remains open for three weeks. To remove from state court to federal district court, the party would generally need to establish a basis for subject matter in federal court. You could review the paperwork with a Hawaii attorney. That... Read more »

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1 Answer | Asked in Civil Litigation for Hawaii on
Q: I do not have a license or insurance and was rear ended will their insurance pay my repairs and can I get in trouble?
Tim Akpinar
Tim Akpinar
answered on Apr 24, 2020

This is something on which a Hawaii attorney should advise, as it would be governed by state law. But your post remains open for four weeks. Until you obtain meaningful guidance from a Hawaii attorney, a general premise applied in many jurisdictions is that an accident victim without insurance... Read more »

2 Answers | Asked in Car Accidents, Civil Litigation and Insurance Defense for Hawaii on
Q: Is the owner of a motor vehicle liable for damage caused by an insured driver of that vehicle?

Here the driver is insured under the policy and hits a pedestrian causing serious bodily injury in excess of the $20,000 uninsured motorist coverage. The owner of the vehicle was not present at the accident. The owner of the vehicle lent the vehicle to the driver and put the driver on the insurance... Read more »

Peter N. Munsing
Peter N. Munsing
answered on Oct 22, 2019

I would argue that they are not, but their insurance is--in most states the owners insurance is primary.

But in most states for you to be personally responsible other things have to be shown.

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1 Answer | Asked in Civil Litigation for Hawaii on
Q: Is it against the law to be on the beach in honolulu. Hi at anytime of the day in honolulu. Hawaii
Tim Akpinar
Tim Akpinar
answered on Aug 17, 2019

If the person has the right to be on the beach during the hours it is open to the public or to residents and isn't violating any beach/park regs, it would seem to be within the law. Good luck

Tim Akpinar

0 Answers | Asked in Civil Litigation and Criminal Law for Hawaii on
Q: In Hawaii officers when asked several times for a copy of the search warrant , was never given one nor what was taken

My son whom lives with me an alegde crime was committed in his room, but the search warrant was made for the premises. With no copy of a search warrant they waited for the victim to arrive then 3 officers a CSI and the victim crossed the crime scene tape is that leagal

1 Answer | Asked in Civil Litigation, Personal Injury and Libel & Slander for Hawaii on
Q: A person accused me of stealing computer they left in the bathroom. My friends said she was coked out. Can i sue her?

They confronted me in the bathroom and saw me exit without their computer where they said they left it. They retuenes ans bothered me at my cafe table. Then they had the cafe workers ask me if i stole the computer. Then they called the police about it and i was asked to be seaeched. They called it... Read more »

Peter N. Munsing
Peter N. Munsing
answered on Jun 20, 2017

You can sue, but if they have no money, then you'll spend a lot to end up with a piece of paper that's worthless.

Suggest you look for a different place to hang out.

1 Answer | Asked in Real Estate Law, Civil Litigation, Patents (Intellectual Property) and Probate for Hawaii on
Q: what does sui juris mean

Hawaii court action to eject tresspassers now say theyhave a trust and interest Hawaiian land laws kuleana lands form served below district courtheading says (per organic act 1900 sec 75 a substitution of the Hawaiian Postal Savings Bank) ? state of Hawaii im plaintiff he is asking for... Read more »

Kenneth V Zichi
Kenneth V Zichi
answered on Apr 23, 2017

The answer to your specific question is Sui Juris means 'of age' and is usually referring to beneficiaries of a will or trust -- all of them are now 'of age' and can represent themselves, as opposed to a minor who would need someone to represent his interests. The REMAINDER of... Read more »

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