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Big Island Toyota, Inc. v. Trevino

Intermediate Court of Appeals of Hawaii

January 29, 2014

BIG ISLAND TOYOTA, INC., a Hawai'i corporation; DAVID S. DE LUZ, SR. ENTERPRISES, INC., a Hawai'i corporation; and DAVID S. DE LUZ, SR., Plaintiffs/Counterclaim-Defendants/Appellees,
v.
VICTOR D. TREVINO, JR., Defendant/Counterclaim-Plaintiff/ Third-Party Plaintiff/Appellant

NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS AND PACIFIC REPORTER

APPEAL FROM THE CIRCUIT COURT OF THE THIRD CIRCUIT (CIVIL NO. 06-1-373)

Victor D. Trevino, Jr. Defendant/Counterclaim- Plaintiff/Third-Party Plaintiff/Appellant pro se.

Paul M. Saito, Andrew L. Salenger, Trisha L. Nishimoto (Cades Schutte) for Plaintiffs/Counterclaim-Defendants/Appellees.

Foley, Presiding J., Fujise and Ginoza, JJ.

MEMORANDUM OPINION

Pro se Defendant/Counterclaim-Plaintiff/Third-Party Plaintiff/Appellant Victor D. Trevino, Jr. (Trevino) appeals from the: (1) October 9, 2 012 Final Judgment[1] entered in favor of Plaintiffs/Counterclaim-Defendants/Appellees Big Island Toyota, Inc., David S. De Luz, Sr. Enterprises, Inc. (DSDE)[2] and David S. De Luz, Sr. (De Luz) (collectively, Toyota Plaintiffs); and (2) August 2, 2012 "Order Denying Defendant Victor D. Trevino, Jr.'s Motion For Reconsideration Of Order Denying Defendant Victor D. Trevino's Motion For Recusal And/Or Disqualification Of Judge Glenn S. Hara Filed Under Seal On January 17, 2012, Filed March 22, 2012, Filed April 2, 2012"[3] (Order Denying Reconsideration) both entered in the Circuit Court of the Third Circuit (circuit court).

On appeal, Trevino contends Judge Strance erred by-failing to recuse Judge Hara. Trevino also contends Judge Hara erred by:

(1) failing to disqualify himself,
(2) limiting a witness' testimony about consultation with Judge Hara when the judge was a practicing attorney,
(3) not granting Trevino's request to change venue,
(4) allowing non-expert hearsay opinion testimony to be heard by the jury on issues of damages,
(5) allowing issues of breach of fiduciary duty, conversion, negligence/gross negligence, breach of contract, and punitive damages to be submitted to the jury without sufficient evidence,
(6) sending a special verdict form with duplicative . damage awards ...

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