Beselt v. Waldorf=Astoria Management LLC

557 P.3d 907, 155 Haw. 178
CourtHawaii Intermediate Court of Appeals
DecidedOctober 21, 2024
DocketCAAP-21-0000463
StatusPublished

This text of 557 P.3d 907 (Beselt v. Waldorf=Astoria Management LLC) is published on Counsel Stack Legal Research, covering Hawaii Intermediate Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Beselt v. Waldorf=Astoria Management LLC, 557 P.3d 907, 155 Haw. 178 (hawapp 2024).

Opinion

NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 21-OCT-2024 07:51 AM Dkt. 256 SO

CAAP-XX-XXXXXXX (Consolidated with Nos. CAAP-XX-XXXXXXX and CAAP-XX-XXXXXXX)

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI#I

RONDA BESELT, Plaintiff-Appellant, v. WALDORF=ASTORIA MANAGEMENT LLC, a foreign limited liability company; DEPARTMENT OF LAND AND NATURAL RESOURCES, STATE OF HAWAI#I, Defendants-Appellees, and JOHN DOES 1-5; JANE DOES 1-5; ROE CORPORATIONS 1-5; ROE NON-PROFIT CORPORATIONS 1-5; AND ROE GOVERNMENTAL AGENCIES 1-5, Defendants

APPEAL FROM THE CIRCUIT COURT OF THE SECOND CIRCUIT (CASE NO. 2CC161000597(2))

SUMMARY DISPOSITION ORDER (By: Leonard, Acting Chief Judge, Hiraoka and McCullen, JJ.)

Plaintiff-Appellant Ronda Beselt (Beselt) appeals from

the November 15, 2021 Final Judgment (Judgment) entered by the

Circuit Court of the Second Circuit (Circuit Court)1 in favor of

Defendant-Appellee Waldorf=Astoria Management LLC, a foreign

limited liability company (Waldorf). Beselt also challenges the

Circuit Court's March 14, 2019 Order Granting in Part and Denying

in Part [Waldorf's] Motion to Compel Discovery, Filed on January

1 The Honorable Peter T. Cahill presided. NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

14, 2019 (March 14, 2019 Discovery Order), June 24, 2019 Order

Denying [Beselt's] Motion for Reconsideration of the [March 14,

2019 Discovery Order] (Order Denying Reconsideration re

Discovery), and August 12, 2019 Order Granting Michael Jay Green

and Peter C. Hsieh's Motion to Withdraw as Counsel for [Beselt],

Filed on June 14, 2019, (Order Granting Motion to Withdraw).2

Beselt raises seven points of error on appeal,

contending that the Circuit Court: (1) abused its discretion

when it determined that it had subject matter jurisdiction and

personal jurisdiction over her because she was mentally incapable

of entering into a settlement agreement with Waldorf (Settlement

Agreement); (2) abused its discretion when it prematurely cut off

all discovery six months prior to the discovery deadline as a

sanction for Beselt's noncompliance; (3) erred in refusing to set

aside the Settlement Agreement because the Circuit Court did not

ascertain whether Beselt had mental capacity to settle the case;

(4) abused its discretion in permitting Beselt to enter into the

Settlement Agreement where there was undue influence on her to

enter the agreement; (5) abused its discretion in allowing

counsel to withdraw during settlement negotiations; (6) abused

its discretion in entering the March 14, 2019 Discovery Order and

the June 24, 2019 Order Denying Reconsideration re Discovery; and

2 Beselt also identifies, but makes no argument concerning, the Circuit Court's August 10, 2021 Order Granting Defendant [Waldorf's] Motion to Deposit Settlement Funds, September 1, 2021 Order of Dismissal with Prejudice of All Claims and All Parties, and the July 23, 2021 Order Denying [Beselt's] Motion for Reconsideration of the Order Denying [Beselt's] Motion to Stay the Proceeding and Set Aside Settlement Agreement, Filed June 19, 2021.

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(7) erred in dismissing her claims because Waldorf's actions in

discovery were fraudulent and misled the court.

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, we

resolve Beselt's points of error as follows:

(1) Beselt argues, vaguely and confusingly, that the

Circuit Court lacked both subject matter jurisdiction over the

proceedings to put a settlement on the record and personal jurisdiction over Beselt because she lacked mental capacity at

the time.

"[S]ubject-matter jurisdiction is fundamental to a

court's power to act on the merits of a case from the outset of

the action; it may be challenged at any time, but jurisdiction

does not vacillate during the course of a case depending on the

particulars of the matter as it develops." Schwartz v. State,

136 Hawai#i 258, 263, 361 P.3d 1161, 1166 (2015).

"[J]urisdiction is not a light bulb which can be turned off or on

during the course of the trial." Id. at 262, 361 P.3d at 1165

(citation and internal quotation marks omitted). Beselt makes no

cogent argument and cites to no authority that would oust the

Circuit Court of its jurisdiction with respect to the Settlement

Agreement.

Regarding personal jurisdiction, Beselt argues that the

Circuit Court should have ensured that a pro se litigant, such as

Beselt, was competent at the time she entered into the agreement

with Waldorf, and that "the record" demonstrates that Beselt did

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not possess the cognitive or volitional capacity to contract at

the time she entered in the Settlement Agreement.3 That said,

the evidence that Beselt contends demonstrates her lack of

capacity to enter into the Settlement Agreement is not in the

record on appeal; it refers to two post-appeal unsworn medical

reports that were not brought to the Circuit Court's attention.

Beselt acknowledges that this court has ruled that these reports

cannot be introduced in her opening brief. Beselt makes no

cogent argument and cites no applicable authority supporting her contention that the Circuit Court lacked personal jurisdiction

over her.

We conclude that this point of error is without merit.

(2) Beselt argues that the Circuit Court abused its

discretion when it "cut off all discovery" six months prior to

the discovery cut-off. Upon review of the record, we conclude

that there was no early discovery cut-off per se. Rather, due to

extensive delays and Beselt's interference with the discovery

process – including issues related to the providing of

authorizations to release medical and employment records, and

heavy redaction of records after the Circuit Court ordered (many

months earlier) that Beselt had 10 days to execute releases and

"there will be no redactions" – in the March 14, 2019 Discovery

Order, the Circuit Court ordered that Beselt would not be

permitted to produce additional documents, testimony by lay and

3 We note that, while Beselt was not formally represented by counsel at the time the Settlement Agreement was put on the record before the Circuit Court (because prior counsel withdrew), it appears that she engaged with a Honolulu attorney to review the settlement documents and provide counsel to her.

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expert witnesses would be limited to information contained in the

records Beselt previously produced, and Beselt was barred from

recovery for damages or lost earnings or earnings capacity.

These sanctions were tailored to address the nature of the

discovery interfered with. Upon review of the record before the

Circuit Court, particularly with respect to the delays, failures

and active interference with the discovery process, we conclude

that the Circuit Court did not abuse its discretion in entering

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Related

Schwartz v. State.
361 P.3d 1161 (Hawaii Supreme Court, 2015)

Cite This Page — Counsel Stack

Bluebook (online)
557 P.3d 907, 155 Haw. 178, Counsel Stack Legal Research, https://law.counselstack.com/opinion/beselt-v-waldorfastoria-management-llc-hawapp-2024.