Circuit Court Proceedings. On October 28, 2009, Xxxxxxx filed a complaint to quiet title and for partition (quiet title action) of the Property in the Circuit Court of the First Circuit (circuit court). The quiet title action named Xxxxxxx and numerous other individuals as defendants; however, Xxxx was not named. In October 2010, upon motion by Xxxxxxx, the circuit court entered default against Xxxxxxx in the quiet title action; subsequently, the default was set aside pursuant to a motion filed by Xxxxxxx. In support of Xxxxxxx’x motion to set aside default, both Xxxxxxx’x attorney and Xxxx had filed declarations stating that Xxxx should be named as a defendant. The motion to set aside default was filed in conjunction with Xxxxxxx’x answer to Xxxxxxx’x quiet title action. The answer asserted adverse possession as an affirmative defense. Xxxxxxx did not file a cross claim against any of her codefendants. On January 3, 2011, Xxxxxxx moved for summary judgment to quiet title in the Property in himself and the other cotenants, including Xxxxxxx. Xxxxxxx submitted various documents purporting to indicate the various ownership interests of the cotenants. The result, Xxxxxxx argued, was that he had a 6769/10976 interest. Finally, Xxxxxxx also requested that the Property be sold at a partition auction pursuant to Chapter 668 of the Hawaiʻi Revised Statutes (HRS). Xxxxxxx opposed Xxxxxxx’x summary judgment motion, arguing that she owned 10,000 square feet of Parcel 33 and that Peni was an indispensable party to the action. Xxxxxxx also asserted that she and Peni had been in exclusive possession of the 10,000-square-foot parcel for 20 years, “paid for and openly built a two-story house in full view of everyone,” “raised their children” there, obtained permits to build on it, paid taxes, “utilities, water and electric bills,” entered “into an easement agreement” concerning the 10,000-square-foot parcel, “built a fruit stand,” and operated a farm on the 10,000-square-foot parcel from 1991 onwards.2 2 In support of her adverse possession defense, Xxxxxxx attached the following documents: the quitclaim deed that she and Xxxx received for the 10,000-square-foot parcel; copies of check payments that Peni remitted to Xxxxx X. Xxx, the Teisinas’ predecessor-in-interest; a history of payments
Circuit Court Proceedings
