1. CASE #17-1-1940-11 CHATEAU NEWTOWN I–VS- KAAIHUE
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MS. ANGELA KAAIHUE
YONG FRYER
98-673 KILINOE ST
AIEA, HI. 96782
Telephone: (808) 542-9393
MS. YONG NAM FRYER (PROSE)
IN THE CIRCUIT COURT OF THE FIRST CIRCUIT
STATE OF HAWAII
ASSOCIATION OF APARTMENT ) CIVIL NO. 17-1-19740-11 (KKH)
OWNERS OF CHATEAU NEWTOWN I ) (Other Civil Action)
And through it’s Board of Directors )
) MOTION TO SET ASIDE DEFAULT
Plaintif ) JUDGMENT, MAY 30TH, 2018;
) DECLARATION OF YONG FRYER; C/S
)
)
ANGELA SUE KAAIHUE; YONG NAM )
FRYER; )
)
Defendants, )
) HEARING:
) Date:
) Time:
) Judge: Hon.KeithK.Hiraoka
_______________________________________ )
MOTION TO SET ASIDE DEFAULT JUDGEMENT HEARD ON MAY 30TH, 2018
COMES NOW Defendants Angela Sue Kaaihue and Yong Nam Fryer, Owners of land parcel tmk
9-8-073-002, by and through Prose, Angela Sue Kaaihue and Yong Nam Fryer, hereby submits
Motion to Set Aside Default Judgement heard on May 30th, 2018, filed by Plaintiff’s attorneys
on April 10th, 2018.
Ms. Yong Fryer was without a translator, and Korean is her 1st language, English being her 2nd
language. Although co-defendant and daughter Angela Kaaihue submitted a Opposition in
Motion, and Ms. Fryer was supposed to have signed, she inadvertently didn’t sign, conjoining
with Co-Defendant Angela Kaaihue In reponse to Plaintiffs, Motion for Summary Judgement.
The Honorable Judge Hiraoka Denied the Plaintiffs Motion for Summary Judgement, anyway
however, a Default Judgment was issued against Co-Defendant Yong Fryer.
2. CASE #17-1-1940-11 CHATEAU NEWTOWN I–VS- KAAIHUE
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She is seeking that the Motion for Summary Judgement by Default to be set aside, and to sign
the papers co-joining with Ms. Angela Kaaihue, and also to have a Korean translator present at
all times in all future court proceedings.
DATED: Honolulu,Hawai’I, _______________________________________________
___________________________________
Mrs. Yong Nam Fryer
ProSe,for Petitioner
3. CASE #17-1-1940-11 CHATEAU NEWTOWN I–VS- KAAIHUE
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IN THE CIRCUIT COURT OF THE FIRST CIRCUIT
STATE OF HAWAII
ASSOCIATION OF APARTMENT ) CIVIL NO. 17-1-19740-11 (KKH)
OWNERS OF CHATEAU NEWTOWN I ) (Other Civil Action)
And through it’s Board of Directors )
)
Plaintif )
) DECLARATION OF YONG FRYER
)
ANGELA SUE KAAIHUE; YONG NAM )
FRYER; )
)
Defendants, )
_______________________________________ )
DECLARATION OF YONG FRYER
1. I am Yong Fryer, Defendant in this case.
2. I am the co-owner, along with my only child, and daughter, Angela Sue Kaaihue formerly
known as Angela Sue Stenger, whom was born in Austin Texas
3. I married her father in South Korea while her father was serving in the United States
Mililtary, near my hometown village of Pyeontaek, of South Korea.
4. I moved to Austin, Texas, while I was pregnant, and gave birth to my only child Angela
Sue Stenger.
5. After giving birth to my daughter in 1974, we were then shortly relocated to Hawaii so
that her father James Lee Stenger, could be stationed at Schofield as an United States
Army Soldier.
6. IN 2009, my daughter and I became the owners of an 82-acre Vacant Land Parcel, which
is zoned Forest Conservation, and Residential Apartment.
7. I had helped to purchase this property for my daughter with the intent to build our
family homes and to help begin my daughter’s career as a real-estate developer.
8. In 2011, We were sued by people who lacked a legal easement and right of way to enter
across our property. The Newtown Estates Community Association (NECA) did NOT
defend our property, in fact, they refused to participate.
9. In 2011, Newtown Chateau I parent association, Newtown Estates Community
Association (NECA) claimed that our property was NOW part of their Community
Association and that we are to abide by their rules, after 40+ years of ignoring this
property.
10. Shortly thereafter, NECA violated and fined us for many numerous violations including
having a BBQ grill and picnic table on our property, meanwhile many of our neighbors
have them visible from the street.
4. CASE #17-1-1940-11 CHATEAU NEWTOWN I–VS- KAAIHUE
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11. In 2013, NECA sued us for numerously failing to abide by their community rules, and
failing to pay their fines.
12. In 2013, we halted our construction projects to address Newtown Estates Community
Associations Lawsuits
13. In addition, in 2013, our investors pulled out of our development.
14. Newtown Estates Community Association filed lawsuit is Civil Case #13-100-2161, and
has lasted 5 years, and is still on-going, with a trial scheduled for Jan. of 2019 to be
heard in front of Honorable Judge Crabtree.
15. In that case, NECA filed numerous Motions for Summary Judgement against us, and
repeatedly in front of the 2 different judges. Each time being Denied.
16. The easement case is Land Court Case #1LD111000271, which lasted 8 years, NECA
refused to participate and defend our property.
17. My daughter Angela Kaaihue initiated Land Court Case #1LD17-100-2541, to help
determine and clarify to NECA what our rights are as developers and land owners. An
evidentiary hearing is scheduled in September 2018.
18. In 2017, we now been sued by the Newtown Estates Community Association sub-
association, named Newtown Chateau I, in this tree-trunk root case Civil Case #17-1-
1940-11
19. This is the 3rd lawsuit, I have received since I became co-owners of this land since 2009.
20. The 1st lawsuit was about easement rights and issues affecting our lands which the
adverse parties did not have a legal easement.
21. The 2nd lawsuit is from the parent Community Association of Newtown Chateau I,
Newtown Estates Community Association.
22. The 3rd lawsuit is from the sub-association Newtown Chateau I.
23. There is also a criminal case against my daughter Angela Kaaihue, for Criminal Assault, in
which the NECA employees harassed, attacked and assaulted my daughter, and then
they conspired, lied and said my daughter harassed and physically assaulted and
attacked them. Fortunately there is a video tape that the Public Defenders were able to
subpoena showing that NECA’s employees, who the real assailants are, despite the
video has been obviously tampered and edited by NECA’s employees in a cover-up
conspiracy.
24. I believe all 3 lawsuits are frivolous. The 1st lawsuit sued because they didn’t have a legal
easement, the 2nd lawsuit they are trying to enforce their covenants and codes against
us, after 40 years disregarding our vacant land parcel as NOT being a part of their
community, and the 3rd Lawsuit they frivolously sued trying to intimidate us in forcing us
to cut down their trees and blaming us for their damage.
25. I believe these multiple lawsuits are to bring us Intentional Emotional Distress and
attempts to cause us financial burden, and to ultimately steal our lands.
26. I have experienced Emotional Distress and undue stress since the 1st lawsuit in 2011.
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27. This 3rd lawsuit by Newtown Chateau I, has caused us more stress and emotional
distress, adding to the 1st 2 lawsuits.
28. We purchased this property in 2009, with the intent to build and develop homes on this
property for my daughter and I in hopes to reunify with my grandchildren, however that
came to a hault with the onset of the lawsuits.
29. Since 2011, we were hit with lawsuits after lawsuits by the same Community People and
the people they are affiliated with, under different multiple names.
30. I believe these multiple lawsuits are to fraud us, conspire against us, and label my
daughter a “trouble-maker”, and they are using the legal systemto intimidate us, cause
us financial burden and stress, and to intentionally inflict emotional distress upon us.
31. I was born in South Korea, and in July of 1950, at the time we inherited the property, I
was 58 years ago, and I had helped to purchase this property that was considered
“unbuildable and undevelopable” because of the steep terrain, however, my daughter’s
grandfather A.D. Stenger II, a developer helped to make this property developable.
32. Over the past 10 years, these litigations has caused me Extreme Emotional Distress to
know that so many lawyers are making up stories against my daughter and frivolously
filing lawsuits to cause us emotional distress and financial burden.
33. Until this day, almost 10 years later since we purchased and owned the property, we
still have not built our family our home, as a result of these numerous lawsuits.
34. This is my declaration of Yong Nam Fryer, formerly known as Yong Nam An
DATED: Honolulu,Hawai’I, _______________________________________________
___________________________________
Mrs. Yong Nam Fryer
ProSe,for Petitioner
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IN THE CIRCUIT COURT OF THE FIRST CIRCUIT
STATE OF HAWAII
ASSOCIATION OF APARTMENT ) CIVIL NO. 17-1-19740-11 (KKH)
OWNERS OF CHATEAU NEWTOWN I ) (Other Civil Action)
And through it’s Board of Directors )
)
Plaintiff ) CERTIFICATE OF SERVICE
)
)
)
ANGELA SUE KAAIHUE; YONG NAM )
FRYER; )
)
Defendants, )
_______________________________________ )
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing :
Motion to Set Aside Default Judgement, Declaration of Yong Nam Fryer,
was duly servedupon the followingparties,by causing said copiesto be mailed by United States Mail,
first-class postage pre-paid, to their last known address:
Kapono F. H. Kiakona
CaitlinN. Axe
Taylor W. Gray
841 BishopSt, Suite 1500
Honolulu,Hawaii. 96813
Attorneys for NewtownChateau
DATED: Honolulu,Hawai’I, _______________________________________________
___________________________________
Mrs. Yong Nam Fryer
ProSe,for Petitioner
