August 27, 2014
HIROKAZU NAKAJIMA, Petitioner/Plaintiff/Cross-Defendant/Appellant,
AKI NAKAJIMA, Respondent/Defendant/Cross-Plaintiff/Appellee.
CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS (ICA NO. 29553; FC-DIVORCE NO. 05-1-0587)
BLAKE T. OKIMOTO FOR RESPONDENT ON THE MOTION
JUNSUKE OTSUKA FOR PETITIONER ON THE RESPONSE
RECKTENWALD, C.J., NAKAYAMA, MCKENNA, POLLACK, AND WILSON, JJ.
ORDER DENYING MOTION FOR RECONSIDERATION
On August 18, 2014, Petitioner/Plaintiff/Cross-Defendant/Appellant Hirokazu Nakajima (Hirokazu) filed a Motion for Reconsideration of this court's August 7, 2014 order accepting his application for a writ of certiorari and remanding the case to the Intermediate Court of Appeals for further proceedings. In his motion, Hirokazu argues that this court misconstrued the scope of the sanctions that the Family Court of the Second Circuit imposed for abuse of the discovery process. He asserts that those sanctions did not extend to the denial of an evidentiary hearing regarding the valuation of Avalon Cove, Inc. Hirokazu's argument is meritless. The family court specifically concluded "that there was no due process violation in determining the appraised value of the Avalon Cove properties without an evidentiary hearing because its ruling . . . reflects sanctions against Hirokazu for concealing assets." See Record on Appeal at 1253 (some capitalization omitted). The record confirms that the family court's sanctions included denying Hirokazu an evidentiary hearing. Therefore,
IT IS HEREBY ORDERED that the motion for reconsideration is denied.