LIHUE — Default was granted in a quiet title case filed by Robinson Family Partners to all parties listed in a legal notice, with the exception of one person, Aletha Kaohi, who was present at Thursday’s proceedings.
The complaint was filed in Fifth Circuit Court to establish the plaintiff’s fee-simple title to parcel 49A of Kamehameha IV Deed to Lee Ban.
“We’re not going to grant default against Ms. Kaohi,” said Fifth Circuit Court Judge Randal Valenciano, who instead gave her a deadline to file an answer.
Attorney for the plaintiff’s Michael Gibson, of Ashford and Wriston LLC of Oahu, disagreed with Valenciano’s decision to grant Kaohi time to write an answer, because he said default already took place.
“Default was entered on Aug. 4 against everybody in the case. Nobody appeared on the return day on the notice filed by publication, nobody filed an answer, nobody filed a memorandum of opposition to put in motion for summary judgment, so today we’re here not to deal with default, but to deal with summary judgment,” Gibson said.
Gibson suggested the court enter summary judgment.
“We’re not going to do that,” Valenciano said.
Advising Kaohi not to say anything more, Valenciano said, “I’m going to give you, (Kaohi), time to file an answer. That’s what we’re going to do.”
Gibson argued, saying there already was a default order against everyone listed in the case.
“My request today when I came here was a motion for summary judgment so I think perhaps the court could continue the hearing on the motion for summary judgment,” Gibson said.
Valenciano told Gibson the order of default and a summary judgment were not the same documents.
“The only difference between a motion for people of judgment and the motion of summary judgment is nobody is opposing because they were all in default,” Gibson said.
Valenciano said he was not going to change his position.
“I’m not going to default against Ms. Kaohi or grant summary judgment against Ms. Kaohi if she’s standing right there,” he said.
Gibson apologized to Valenciano about debating in court.
“What I’m trying to figure out is what how do you incorporate what you’ve done into an order,” he said.
The order of default was granted, Valenciano said, to all those who didn’t appear. “As for Ms. Kaohi, I’m going to deny that motion and I’m going to give her till Feb. 23, Ms. Kaohi, to file your answer.”
Gibson agreed with Valenciano, stating he thought that was a good way of dealing with the matter.
A legal notice was published in regards to this case by Ashford & Wriston on June 12, June 19, June 26 and July 3 on both Kauai and Oahu. The legal notice states all parties listed had to appear in court or respond with an answer to the other pleading by July 27, 2017.
The parcels in question are royal patents 6861, 7925 and land commission awards 6307, 8020 and 10222.
This is interesting, Mark Zuckerberg files a quiet title complaint and the locals have fits, but when the Robinsons do the exact same thing, no one has a problem. A little discrimination here?
Just another white men’s way of ripping off the Hawaiians from their lands already stolen even though it is documented by deeds prior to the overthrow. Like all white missionary families including the Robinsons who abuse religion to continue stealing more land from poor Hawaiians, they are a disgrace to god. Judge Valenciano was correct in his ruling.
Harry – The Robinsons (Sinclairs) weren’t missionaries. The were British citizens who became naturalized citizens of the Kingdom of Hawaii. Get your facts straight before you show your lack of knowledge to everyone.
Lately, it seems that all these corporations backed by mainland owners/developers keep making efforts to take title of local people’s property. Hawaii needs to preserve its culture and indigenous people.
Not enough detail included in story…was a letter sent to the last know address of plaintiff? If so, then ignoring legal notification is your own fault. If this is the case, playing ignorant is your own lack of responsibility.
Time to give back Robinsons. How much land did you actually buy, manipulate, trade, steal, and take??
Do you use the land, are you caring for it, do you improve it, do you take care of the people on it. Really so why not do what is right, not what is now legal, or manipulated. Give back already, Pirates where cool about 200 years ago in England, they are not cool now.
Wow…. Haole law could confuse me on how to breathe and walk at the same time. Hawaiians.. Wake UP after this nuclear attack crap…. Time for the Elders to STAND UP and tell it like it is …. OR It’s truly over for the Hawaiian Nation…
Praise God for Judge Valenciano! Mahalo Nui for giving our sister another opportunity to file an answer. Ms Kaohi you have my support!
Kauai our sister needs a lawyer to win this battle. Will you all join me in funding her?
I pledge $300 for the first hour of Attorney fees.
$8000 will help her to at least have a chance. If you know an Attorney that understands land issues, please ask him/her to consider her case.
I’m in a similar situation and was
PRO SE cause I thought I could win with Geneology information. Now I have an Attorney whom I’m confident will help me get back my home that was lost temporarily due to fraudulent or excusable neglect. We do have another opportunity to challenge the plaintiff. Folks if you care about the future of our children who are rightful heirs, than let’s be a testimony that we care for our people of ALL islands who are losing their lands because they can’t afford an Attorney.
Ms Kaohi, I join you in prayer that Ke Akua will help and give you the financial resources, but most of all the confidence that you’re not alone in this battle. My sister, I leave you this scripture that has helped me. Be blessed…..JOSHUA 1:9
Aloha Tita
So a little follow up is due…. has anyone other than Carlos Andrade (who’s lineage to Native Hawai’ian is questionable but not his brown stain around his mouth for kissing haole akole to win favors all his life….) anyway, who has a track record of actually winning a quik claim title for posterity and from geological history?