NO. 29305
IN THE INTERMEDIATE COURT OF APPEALS
OF THE STATE OF HAWAI‘I
JIM HOGG, Plaintiff,
v.
GLENN NOBUKI MURAKAMI and ANN SUE
ISOBE,
Defendants-Appellants,
and
WALTER JUNICHI
MURAKAMI and ETSUKO MARUYAMA MURAKAMI,
as Co-Trustees under that certain unrecorded Trust
Agreement known as The Estuko
M. Murakami Trust dated
December 20, 1989; AMERICAN SAVINGS BANK, F.S.B.;
JOSEPH
E. SPADARO, individually and as Trustee under
that certain Declaration of Trust
dated October 3,
2000; and JOHN NELSON SPADARO, JOHN DOES 1-10; JANE
DOES 1-10;
DOE PARTNERSHIPS 1-10; DOE CORPORATIONS 1-
10; DOE ENTITIES 1-10; and DOE
GOVERNMENTAL UNITS 1-10,
Defendants.
_________________________
GLENN NOBUKI MURAKAMI and ANN SUE ISOBE,
Counterclaimants-Appellants,
v.
JIM HOGG, Counterclaim Defendant,
and
MICHAEL DAVID SAKATANI; CHRISTINE
MARIE SAKATANI,
and 808 DEVELOPMENT LLC, a Hawaii limited liability
company, Additional
Counterclaim Defendants-Appellees,
and
LISA HOGG; JOSEPH E. SPADARO,
individually and as
Trustee under that certain Declaration of
Trust dated
October 3, 2000; and JOHN
NELSON SPADARO, and DOES A
through Z, Additional
Counterclaim Defendants.
_________________________
WALTER JUNICHI MURAKAMI and
ETSUKO MARUYAMA MURAKAMI,
as
Co-Trustees under that certain unrecorded Trust
Agreement
known as The Walter
J. Murakami Trust dated
December 20,
1989, and that certain unrecorded Trust
Agreement
known as The Estuko M. Murakami Trust dated
December 20,
1989,
Counterclaimants,
v.
JIM HOGG, Counterclaim Defendant.
_________________________
JOHN
NELSON SPADARO, Defendant/Cross-Claimant,
v.
GLENN NOBUKI MURAKAMI and ANN SUE
ISOBE,
Cross-Claim Defendants-Appellants,
and
JOHN DOES 1-10; JANE DOES 1-10; DOE
PARTNERSHIPS 1-10;
DOE CORPORATIONS 1-10; DOE
ENTITIES 1-10; and DOE
GOVERNMENTAL UNITS 1-10,
Cross-Claim Defendants,
and
MICHAEL DAVID SAKATANI and CHRISTINE
MARIE SAKATANI,
Additional Cross-Claim Defendants-Appellees,
and
JOHN DOES 11-100; JANE DOES 11-100; DOE PARTNERSHIPS
11-100; DOE CORPORATIONS 11-100; DOE
ENTITIES 11-10;
and DOE GOVERNMENTAL UNITS
11-100, Additional Cross-
Claim Defendants.
_________________________
AMERICAN
SAVINGS BANK, F.S.B. Defendant/Counterclaimant,
v.
JIM
HOGG, Plaintiff/Counterclaim Defendant.
_________________________
AMERICAN
SAVINGS BANK, F.S.B. Defendant/Counterclaimant,
v.
GLENN NOBUKI MURAKAMI and ANN SUE
ISOBE,
Cross-Claim Defendants-Appellants,
and
MICHAEL DAVID SAKATANI; CHRISTINE
MARIE SAKATANI,
and 808
DEVELOPMENT LLC, a Hawaii limited liability
company,
Cross-Claim
Defendants-Appellees,
and
WALTER JUNICHI MURAKAMI and ETSUKO MARUYAMA MURAKAMI,
as Co-Trustees under that certain
unrecorded Trust
Agreement known as
The Walter
J. Murakami Trust dated
December 20, 1989,
and that certain unrecorded Trust
Agreement known as
The Etsuko M. Murakami Trust dated
December 20, 1989,
and JOHN
NELSON SPADARO, Cross-Claim
Defendants,
and
WALTER JUNICHI MURAKAMI and ETSUKO
MARUYAMA MURAKAMI,
Additional Cross-Claim Defendants.
_________________________
JOSEPH E. SPADARO, individually and as
Trustee under
that certain Declaration of Trust
dated October 3,
2000, Defendant/Counterclaim
Plaintiff,
v.
JIM HOGG, Plaintiff/Counterclaim
Defendant.
_________________________
JOSEPH E. SPADARO, individually and as
Trustee under
that certain
Declaration of Trust dated October 3,
2000,
Defendant/Cross-Claim
Plaintiff,
v.
GLENN NOBUKI MURAKAMI and ANN SUE
ISOBE,
Defendants/Cross-Claim
Defendants-Appellants,
and
AMERICAN SAVINGS BANK, F.S.B. JOHN
NELSON SPADARO and DOE
DEFENDANTS,
Defendants/Cross-Claim Defendants,
and
MICHAEL
DAVID SAKATANI; CHRISTINE MARIE SAKATANI; and 808
DEVELOPMENT LLC,
Additional Cross-Claim Defendants-Appellees,
and
NAOTO LATHROP; YOKO LATHROP; GORDON SUN
PUNG WONG;
BEVERLY CHANG
WONG; KEVIN PAUL HJISAMI SUMIDA; MORTGAGE
ELECTRONIC
REGISTRATION
SYSTEMS, INC., as nominee for
RYAN WELLS and
KRISTY WELLS, UNITED STATES OF
AMERICA,
DEPARTMENT OF
TREASURY; and HONSADOR LUMBER
CORPORATION,
Additional
Cross-Claim Defendants.
APPEAL FROM THE CIRCUIT COURT OF THE
FIRST CIRCUIT
(CIVIL NO. 03-1-1712)
ORDER DENYING MARCH 19, 2009
MOTION FOR RECONSIDERATION
(By: Foley, Presiding Judge, Fujise and Leonard, JJ.)
Upon consideration of Additional Counterclaim Defendants/Cross-Claim
Defendants/Cross-Claimants-Appellees Michael David Sakatani, Christine
Marie
Sakatani and 808 Development LLC's Motion for Reconsideration of Order
Denying
Motion for Remand or for Clarification of Order, the papers in support
and
opposition, and the records and files herein,
IT IS HEREBY
ORDERED that the motion for reconsideration is denied.
DATED: Honolulu,
Hawai‘i, March 31, 2009.