An open outdoor fire or open burning emits pollutants directly into the air and includes agricultural, residential, and prescribed burning. The rules regulating open burning are Hawaii Administrative Rules (HAR) Section 11-60.1 Subchapter 3. Generally open burning is prohibited with a few... View More

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... View More

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... View More

Hi, feel free to give me a call.

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... View More

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... View More

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... View More

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... View More

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... View More

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... View More

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.

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... View More

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... View More

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... View More

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.

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.

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.

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... View More

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... View More

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.