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Wells Fargo Bank N.A., As Trustee For Carrington Mortgage Loan v. Landish K. Armitage

IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAII


March 18, 2013

WELLS FARGO BANK N.A., AS TRUSTEE FOR CARRINGTON MORTGAGE LOAN TRUST, SERIES 2006-NC3 ASSET-BACK PASS-THROUGH CERTIFICATES, PLAINTIFF-APPELLEE,
v.
LANDISH K. ARMITAGE, ROBIN R. ARMITAGE, JOHN DOES 1-50, AND JANE DOES 1-50, DEFENDANTS-APPELLANTS

APPEAL FROM THE DISTRICT COURT OF THE THIRD CIRCUIT (CASE NO. 3RC11-1-1142)

NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS AND PACIFIC REPORTER

SUMMARY DISPOSITION ORDER

(By: Nakamura, C.J., Foley and Fujise, JJ.)

In an appeal arising from an action for ejectment,

Defendants-Appellants Landish K. Armitage and Robin R. Armitage appeal from the February 9, 2012 Judgment for Possession entered in favor of Plaintiff-Appellee Wells Fargo Bank N.A., as Trustee for Carrington Mortgage Loan Trust, Series 2006-NC3 Asset-Back Pass-Through Certificates in the District Court of the Third Circuit*fn1 .

Upon careful review of the record and the briefs submitted by the parties and having given due consideration to the arguments advanced and the issues raised by the parties, as well as the relevant statutory and case law, we conclude this appeal is without merit.

Our appellate courts have repeatedly held that claims involving the applicability of the Kingdom of Hawaii laws are without merit. The Hawaii Supreme Court in State v. Kaulia, 128 Hawaii 479, 487, 291 P.3d 377, 385 (2013) reaffirmed this holding where it wrote:

Kaulia appears to argue that he is immune from the court's jurisdiction because of the legitimacy of the Kingdom government. In that regard, we reaffirm that "[w]hatever may be said regarding the lawfulness" of its origins, "the State of Hawaii . . . is now a lawful government." State v. Fergerstrom, 106 Hawaii 43, 55, 101 P.3d 652, 664 (App. 2004), aff'd, 106 Hawaii 41, 101 P.3d 225 (2004). Individuals claiming to be citizens of the Kingdom and not of the State are not exempt from application of the State's laws. See Id. at 55, 101 P.3d at 664; State v. Lorenzo, 77 Hawaii 219, 883 P.2d 641 (App. 1994); State v French, 77 Hawaii 222, 883 P.2d 644 (App. 1994); Nishitani v. Baker, 82 Hawaii 281, 921 P.2d 1182 (App. 1996); State v. Lee, 90 Hawaii 130, 976 P.2d 444 (1999). Therefore,

IT IS HEREBY ORDERED that the Judgment for Possession entered February 9, 2012 in the District Court of the Third Circuit is affirmed.

Chief Judge Associate Judge Associate Judge


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