Rubalcaba v. Association of Apartment Owners of Makakilo Cliffs
This text of Rubalcaba v. Association of Apartment Owners of Makakilo Cliffs (Rubalcaba v. Association of Apartment Owners of Makakilo Cliffs) is published on Counsel Stack Legal Research, covering Hawaii Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
*** NOT FOR PUBLICATION IN WEST’S HAWAI‘I REPORTS AND PACIFIC REPORTER ***
Electronically Filed Supreme Court SCRQ-XX-XXXXXXX 01-MAY-2024 01:34 PM Dkt. 12 SO
SCRQ-XX-XXXXXXX
IN THE SUPREME COURT OF THE STATE OF HAWAI‘I
JUAN ANGEL RUBALCABA, Plaintiff-Appellant,
vs.
ASSOCIATION OF APARTMENT OWNERS OF MAKAKILO CLIFFS, by and through its Board of Directors, Defendant/Third-Party Plaintiff-Appellee,
and
PORTER McGUIRE KIAKONA, LLP, fka Porter Tom Quitiquit Chee & Watts, LLP and Porter McGuire Kiakona & Chow, LLP; and EKIMOTO & MORRIS LLLC, Third-Party Defendants.
RESERVED QUESTION FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (CASE NO. 1CCV-XX-XXXXXXX)
SUMMARY DISPOSITION ORDER (By: Recktenwald, C.J., McKenna, and Eddins, JJ., Circuit Judge Remigio and Circuit Judge Johnson, assigned by reason of vacancies)
This court agreed to answer a reserved question from the
Circuit Court of the First Circuit. The circuit court asked:
In a wrongful foreclosure case brought by a homeowner against a homeowners’ association, should the mortgage debt of the homeowner to a third-party lender(s) that was discharged by the third-party lender’s subsequent foreclosure be considered in determining/calculating the Plaintiff’s damages? *** NOT FOR PUBLICATION IN WEST’S HAWAI‘I REPORTS AND PACIFIC REPORTER ***
We accepted the reserved question, advising that we
intended to answer it through Wong v. Ass’n of Apartment Owners
of Harbor Square, SCAP-XX-XXXXXXX, a case then pending before
us.
We decided Wong on February 29, 2024 and entered final
judgment on April 2, 2024. 154 Hawaiʻi 58, 545 P.3d 547 (2024).
Our decision describes how a plaintiff may calculate damages in
a lawsuit against a condominium association for wrongful
foreclosure.
Accordingly, we remand the case to the circuit court for
further proceedings consistent with Wong.
DATED: Honolulu, Hawaiʻi, May 1, 2024.
Steven K.S. Chung and /s/ Mark E. Recktenwald Anthony F.T. Suetsugu for appellant /s/ Sabrina S. McKenna
/s/ Todd W. Eddins Gene K. Lau for appellee /s/ Catherine H. Remigio
/s/ Ronald G. Johnson
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