United States District Court, D. Hawaii
For Ronald Git Sum Au, Plaintiff: Ronald G.S. Au, Ronald G.S. Au, American Savings Bank Tower, Honolulu, HI.
For The Association of Apartment Owners of the Royal Iolani, Defendant: Matt A. Tsukazaki, Phillip A. Li, LEAD ATTORNEY, Li & Tsukazaki, Honolulu, HI.
For R. Laree McGuire, Defendant: Mark J Kaetsu, LEAD ATTORNEY, Keith K. Hiraoka, Roeca Luria Hiraoka LLP, Honolulu, HI.
For Hawaiiana Management Company, Ltd., Defendant: Mark J Kaetsu, Keith K. Hiraoka, LEAD ATTORNEY, Roeca Luria Hiraoka LLP, Honolulu, HI.
ORDER GRANTING DEFENDANT R. LAREE MCGUIRE'S MOTION FOR SUMMARY JUDGMENT
Susan Oki Mollway, Chief United States District Judge.
Defendant R. Laree McGuire moves for summary judgment as to all remaining claims asserted against her by Plaintiff Ronald Git Sum Au. McGuire's motion for summary judgment is granted.
II. FACTUAL BACKGROUND.
On January 16, 2014, and January 21, 2014, Defendant Association of Apartment Owners of the Royal Iolani (the " AOAO"), through its attorney, Defendant R. Laree McGuire, filed Notices of Default and Intention to Foreclose (the " Notices") with the Land Court for " Unit A" and " Unit B, " respectively, owned by Au in the Royal Iolani condominium project (" Royal Iolani") in Honolulu. ECF No. 1-1, PageID # 4, 15. The Notices were triggered by Au's failure to pay amounts owed to the AOAO. Id., PageID # 15. The Notice filed on January 16, 2014, stated that the default for Unit A had to be cured by March 17, 2014. ECF No. 10-5, PageID # 168. The Notice filed on January 21, 2014, stated that the default for Unit B had to be cured by March 22, 2014. ECF No. 10-4, PageID # 162.
On February 25, 2014, Au submitted a payment plan to McGuire and the AOAO's president. ECF No. 12-9. The February 25 payment plan proposed payment of all amounts owed to the AOAO for Unit A and Unit B except attorneys' fees, which Au sought to mediate. Id. On March 21, 2014, Au sent a letter to the AOAO's new president, again enclosing his February 25 proposal. ECF No. 12-10.
On March 24, 2014, McGuire, on behalf of the AOAO, declined Au's February 25 proposal because it failed to include payment of attorneys' fees and costs. ECF No. 17-3.
On April 25, 2014, Au filed a Complaint in state court against the AOAO, Hawaiiana Management Company, Ltd. (" Hawaiiana"), which was the AOAO's management agent, and McGuire (collectively, " Defendants"). Au asserted claims for: (1) intentional or negligent conduct (Count I); (2) intentional or negligent misrepresentation (Count II); (3) fraud and concealment (Count III); (4) violation of chapter 480D of Hawaii Revised Statutes and 15 U.S.C. § 1692 (Count IV); and (5) violation of chapter 480 of Hawaii Revised Statutes (Count V). ECF No. 1-1. The action was removed to federal court pursuant to 28 U.S.C. § 1441 on June 10, 2014. ECF No. 1.
On June 9, 2014, Au submitted another payment plan to the AOAO purporting to account for all amounts owed for Unit B. ECF No. 12-11.
On August 7, 2014, this court dismissed Count IV of Au's Complaint to the extent it asserted a claim against McGuire for violation of chapter 480D of Hawaii Revised Statutes. See ECF No. 25.
On August 12, 2014, this court denied Au's motion to expunge the Notices, motion to set aside nonjudicial power of sale, and motion for a temporary restraining order. See ECF No. 26. The court noted that Au had failed to establish a basis for expunging the Notices and had failed to demonstrate a likelihood of success on the merits of any claim. Id., PageID # 1184.
On September 9, 2014, this court denied Au's motion for reconsideration of the dismissal of part of Count IV, and the denial of his motion to expunge, motion to set aside nonjudicial power of sale, and ...