Ebbo v. SGG, LLC

144 Haw. 389

• Court: Hawaii Intermediate Court of Appeals
• Decided: May 31, 2019
• Docket: CAAP-17-0000347
• Status: Published

Opinion

NOT FOR PUBLICATION IN WEST'S HAW AI'I REPORTS AND PACIFIC REPORTER

Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 31-MAY-2019 08:08 AM

NO. CAAP-XX-XXXXXXX IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI'I

SHARON MATSUMOTO EBBO; AARON KWAN LEE; CHRISTY LEONARD; KENNETH KEICHI MATSUMOTO; NORA MATSUMOTO; LM-602 FRONT STREET L.L.C.; NM-602 FRONT STREET L.L. C. ; PM-602 FRONT STREET L.L.C.; RM-602 FRONT STREET L.L.C., Plaintiffs-Appellees, v. SGG, LLC; RJZ, LLC aka RZJ LLC, Defendants-Appellants, and JOHN DOES 1-50; JANE DOES 1-50; DOE PARTNERSHIPS 1-50; DOE CORPORATIONS 1-50; DOE ENTITIES 1-50 and DOE GOVERNMENTAL UNITS 1-50, Defendants

APPEAL FROM THE CIRCUIT COURT OF THE SECOND CIRCUIT (CIVIL NO. 15-1-0300(2))

SUMMARY DISPOSITION ORDER (By: Leonard, Presiding Judge, Reifurth and Chan, JJ.) Defendants-Appellants, SGG, LLC, and RJZ, LLC, a.k.a. RZJ LLC (collectively, SGG), appeal from the March 15, 2017 Final Judgment in Favor of Plaintiffs [and] Against [SGG] (Judgment),

which was entered by the ' Circuit Court of the Second Circuit (Circuit Court) , 1 in favor of Plaintiffs-Appellees Sharon

Matsumoto Ebbo, Aaron Kwan Lee, Christy Leonard, Kenneth Keichi Matsumoto, Nora Matsumoto, LM-602 Front Street LLC, NM-602 Front

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 NOT FOR PUBLICATION IN WEST'S HAWAI'I REPORTS AND PACIFIC REPORTER

Accordingly, as the Lease, as amended by the Amendment, is not ambiguous, we conclude that the Circuit Court did not err in relying solely on the language of the parties' agreement and excluding extrinsic evidence of the parties' intent at the time the Amendment was executed. For the reasons discussed above, we further conclude that the Circuit Court did not err in granting summary judgment in favor of Ebba and against SGG. Therefore, the Circuit Court's March 15, 2017 Judgment is affirmed. DATED: Honolulu, Hawai'i, May 31, 2019.

On the briefs: William Meheula, Terrence M. Lee, Natasha Baldauf, rvt. lli\,...\L "<.Ml,.IN.MU- Associate Judge (Sullivan Meheula Lee, LLLP) for Defendants-Appellants. � James H.Q. Lee Associate Judge Thomas J. Wong, (Devens, Nakano, Saito, Lee, Wong & Ching) for Plaintiffs-Appellees.