This complaint alleges breach of contract and negligence claims against Ohana Military Communities and Forest City Residential Management related to housing leased to military families at Marine Corps Base Hawaii. Specifically, the plaintiffs allege that the defendants were aware of widespread pesticide contamination at the base exceeding EPA safety levels but failed to disclose this information and protect residents from associated health risks. The plaintiffs further allege the defendants failed to follow their own pesticide contamination remediation plan and are now seeking to resolve the matter through mediation as required by the lease agreements.
Plaintiffs, who are current and former military families residing at Marine Corp Base Hawaii, have filed a lawsuit against Ohana Military Communities and Forest City Residential Management regarding the companies' failure to disclose widespread pesticide contamination at the base. The companies were aware of testing showing contamination above EPA safety levels but did not inform residents. The complaint alleges negligence, fraud, and breach of contract claims.
Plaintiffs, who are current and former military families living at Marine Corp Base Hawaii, have filed a complaint against Ohana Military Communities and Forest City Residential Management for failing to disclose widespread pesticide contamination at the base housing. The complaint alleges that testing found pesticide levels exceeding EPA limits, including for chlordane and heptachlor, but defendants did not warn plaintiffs of the health risks and contamination. It is alleged that defendants created a management plan acknowledging the contamination issues but failed to properly follow the plan's requirements regarding notification and remediation. Plaintiffs seek damages for defendants' omissions and misrepresentations regarding the hazardous conditions in the base housing.
This document is a second amended class action complaint filed against Ohana Military Communities, LLC and Forest City Residential Management, Inc. on behalf of military families who leased housing at Marine Corps Base Hawaii. The complaint alleges that the defendants were aware of widespread pesticide contamination in the soil at the base from chemicals like chlordane and heptachlor but failed to disclose this health risk to tenants. It seeks to certify a class of all past and present tenants from 2006 to the present who claim they suffered damages from the defendants' unfair and deceptive business practices regarding lease of the contaminated housing. The complaint contains further factual allegations about the testing and extent of pesticide contamination at the base housing.
This motion seeks to enjoin Cara Barber from continuing her new social media smear campaign against the defendants. It alleges that Barber has violated the terms of the settlement agreement by making numerous false and misleading statements about the defendants and the treatment of contaminated soils at MCBH. Specifically, Barber falsely claims that contamination levels remain far above EPA standards and that the defendants refused to remove contaminated soils due to cost, when in fact they removed two feet of soil from nearly every home as documented in closure reports. The motion argues Barber's campaign is damaging the defendants' reputation and encouraging baseless lawsuits, causing irreparable harm, and asks the court to issue a preliminary injunction and consider sanctions against Barber for violating the settlement.
Answer, Counterclaims & Third Party Claims - Non-Compete & Tortious InterferencePollard PLLC
This is one of our cases in Volusia County, Florida. Our clients - all of the defendants in the case - were sued for breach of a non-compete agreement, breach of fiduciary duty and tortious interference.
We responded with counterclaims for a declaratory judgment holding the non-compete agreement(s) unenforceable, third party claims for breach of fiduciary duty and breach of contract and a demand for indemnification.
This is a good example of our level of work. We have extensive experience litigating non-compete and tortious interference cases on both sides. We prosecute and defend these types of cases.
In every case, we have a process: First, we master the facts. Many lawyer and law firms get involved in a case and immediately focus on law. In our view, that is the wrong approach. All cases are driven by facts. Any legal strategy must be tailored to the specific facts of a specific case.
We do not take anything for granted. We do not default to the same tired boilerplate pleadings. In every new case, we fashion a specific strategy for that case.
If you have a non-compete or tortious interference case, just give us a call at 9543-32-2380. That's what we're here for.
Answer counterclaim and 3rd party complaint666isMONEY, Lc
This document contains the Defendants' answer, counterclaim, and third party complaint in response to a lawsuit filed by NT Properties, LLC. The Defendants deny many of the allegations in NT Properties' complaint. They dispute the validity of the homeowners associations and covenants, conditions, and restrictions that NT Properties claims apply. The Defendants also allege several affirmative defenses, including that the complaint fails to state a valid claim, is barred by the statute of limitations, and that NT Properties caused its own damages or failed to mitigate damages.
Plaintiffs, who are current and former military families residing at Marine Corp Base Hawaii, have filed a lawsuit against Ohana Military Communities and Forest City Residential Management regarding the companies' failure to disclose widespread pesticide contamination at the base. The companies were aware of testing showing contamination above EPA safety levels but did not inform residents. The complaint alleges negligence, fraud, and breach of contract claims.
Plaintiffs, who are current and former military families living at Marine Corp Base Hawaii, have filed a complaint against Ohana Military Communities and Forest City Residential Management for failing to disclose widespread pesticide contamination at the base housing. The complaint alleges that testing found pesticide levels exceeding EPA limits, including for chlordane and heptachlor, but defendants did not warn plaintiffs of the health risks and contamination. It is alleged that defendants created a management plan acknowledging the contamination issues but failed to properly follow the plan's requirements regarding notification and remediation. Plaintiffs seek damages for defendants' omissions and misrepresentations regarding the hazardous conditions in the base housing.
This document is a second amended class action complaint filed against Ohana Military Communities, LLC and Forest City Residential Management, Inc. on behalf of military families who leased housing at Marine Corps Base Hawaii. The complaint alleges that the defendants were aware of widespread pesticide contamination in the soil at the base from chemicals like chlordane and heptachlor but failed to disclose this health risk to tenants. It seeks to certify a class of all past and present tenants from 2006 to the present who claim they suffered damages from the defendants' unfair and deceptive business practices regarding lease of the contaminated housing. The complaint contains further factual allegations about the testing and extent of pesticide contamination at the base housing.
This motion seeks to enjoin Cara Barber from continuing her new social media smear campaign against the defendants. It alleges that Barber has violated the terms of the settlement agreement by making numerous false and misleading statements about the defendants and the treatment of contaminated soils at MCBH. Specifically, Barber falsely claims that contamination levels remain far above EPA standards and that the defendants refused to remove contaminated soils due to cost, when in fact they removed two feet of soil from nearly every home as documented in closure reports. The motion argues Barber's campaign is damaging the defendants' reputation and encouraging baseless lawsuits, causing irreparable harm, and asks the court to issue a preliminary injunction and consider sanctions against Barber for violating the settlement.
Answer, Counterclaims & Third Party Claims - Non-Compete & Tortious InterferencePollard PLLC
This is one of our cases in Volusia County, Florida. Our clients - all of the defendants in the case - were sued for breach of a non-compete agreement, breach of fiduciary duty and tortious interference.
We responded with counterclaims for a declaratory judgment holding the non-compete agreement(s) unenforceable, third party claims for breach of fiduciary duty and breach of contract and a demand for indemnification.
This is a good example of our level of work. We have extensive experience litigating non-compete and tortious interference cases on both sides. We prosecute and defend these types of cases.
In every case, we have a process: First, we master the facts. Many lawyer and law firms get involved in a case and immediately focus on law. In our view, that is the wrong approach. All cases are driven by facts. Any legal strategy must be tailored to the specific facts of a specific case.
We do not take anything for granted. We do not default to the same tired boilerplate pleadings. In every new case, we fashion a specific strategy for that case.
If you have a non-compete or tortious interference case, just give us a call at 9543-32-2380. That's what we're here for.
Answer counterclaim and 3rd party complaint666isMONEY, Lc
This document contains the Defendants' answer, counterclaim, and third party complaint in response to a lawsuit filed by NT Properties, LLC. The Defendants deny many of the allegations in NT Properties' complaint. They dispute the validity of the homeowners associations and covenants, conditions, and restrictions that NT Properties claims apply. The Defendants also allege several affirmative defenses, including that the complaint fails to state a valid claim, is barred by the statute of limitations, and that NT Properties caused its own damages or failed to mitigate damages.
Shelleys - 7-19-2010 Answer to 1st amended complaintJRachelle
This document is an answer filed by defendants Stancil Shelley and Gina Thompson Shelley in response to a first amended complaint. It denies many of the allegations against them, such as wrongfully entering a property and taking property without authorization. It admits some factual allegations, such as names and events, but denies violating any laws or conspiring against the plaintiff. Overall, the document raises various defenses in response to the claims in the first amended complaint.
This document is an opinion and order from a United States District Court case between Siltronic Corporation and various insurance companies including Employers Insurance Company of Wausau regarding insurance coverage and payment of defense costs for environmental claims arising from contamination at the Portland Harbor Superfund site. The court considers Siltronic's motion for partial summary judgment that Wausau has a continuing duty to defend Siltronic under its 1978-79 insurance policy and must reimburse unpaid defense costs. The court provides background on the insurance policies and contamination issues before analyzing the relevant policy provisions and ruling on the motions.
National union v. redbox order on msj august 7 2014 wd waSeth Row
This order addresses National Union Fire Insurance Company's motion for summary judgment regarding its duties to defend and indemnify Redbox Automated Retail in various lawsuits. The court grants in part and denies in part the motion. Specifically, the court finds that National Union has a duty to defend Redbox in the Cain lawsuit, which alleges violations of Michigan's video rental privacy law, but not in the Mehrens lawsuit, which alleges violations of California's credit card receipt law. The court also finds that while National Union may issue reservations of rights and set reasonable rate caps when defending insureds, it must do so reasonably and in good faith.
This document presents a compromis between Alfurna and Rutasia submitting a dispute over Alfurnan migrants to the International Court of Justice. Alfurna and Rutasia have been unable to resolve differences concerning Alfurnan migrants through negotiations. They agree that Alfurna will be the applicant and Rutasia the respondent in the case. The Court is requested to decide the case based on international law and to determine the legal rights and obligations of the parties.
This document is an opinion and order from a court case between Ash Grove Cement Company and several insurance companies regarding insurance coverage. It discusses that Ash Grove received a request for information from the EPA under CERCLA regarding a Superfund site, and whether this triggers the insurers' duty to defend. The court provides background on the Superfund site, the insurance policies, and communications between the parties. It will determine whether an EPA information request constitutes a "suit" that triggers the duty to defend under the terms of the insurance policies.
The document summarizes 6 notable landlord-tenant cases from 2016, including cases where a tenant was found to still be rent-stabilized due to not receiving proper notice of J-51 tax benefits expiring, a landlord being required to refund over $800,000 to a tenant for rent overcharges, and a landlord being allowed to evict a tenant for conducting short-term rentals of their apartment through Airbnb.
The petitioning creditors filed a motion requesting permission to file redacted versions of confidential pleadings and exhibits under seal in bankruptcy proceedings against Allied Systems Holdings, Inc. and Allied Systems, Ltd. The pleadings and exhibits contain confidential commercial information from credit agreements. The motion argues that public disclosure of this confidential information would violate the credit agreements.
This document is a third amended complaint filed in federal district court in Hawaii by three Honolulu police officers against the City and County of Honolulu and numerous HPD officials. The complaint alleges racial and gender discrimination, retaliation, constitutional violations, and other claims under state and federal law. It provides background information on the three plaintiff officers and their careers with HPD. It also identifies the defendants which include the City/County of Honolulu, former and current HPD chiefs, and other supervising HPD officers. The complaint asserts that the plaintiff officers have been subjected to mistreatment due to racial and gender prejudice.
This document is an answer filed by various defendants (the City and County of Honolulu, police chiefs, officers, etc.) to a third amended complaint filed by three police officers (Plaintiffs). It denies many of the allegations and claims of wrongdoing in the third amended complaint. It also admits some factual allegations such as job titles and positions of some of the defendants. The document raises defenses that the third amended complaint fails to state a valid claim and denies many specific allegations from the complaint.
California State Lands Commission - City of Hermosa Beach State Tidelands TrustStopHermosaBeachOil
This letter is in response to the September 2, 2014, request from your office on behalf of the City of Hermosa Beach (City) memorializing the request made by the City Council during its July 8, 2014 Council meeting for information from the California State Lands Commission (Commission) staff regarding the City's responsibilities as a trustee of granted public trust lands.
Decision by U.S. District Judge David N. Hurd on Force Majeure Case in New Yo...Marcellus Drilling News
A decision issued by Judge David Hurd in a case of landowners from Broome and Tioga Counties in New York State against Chesapeake Energy and Statoilhydro. Chesapeake is attempting to extend leases on property for gas drilling claiming that the moratorium in New York has stopped them from drilling. Landowners claim the leases were signed long before horizontal hydraulic fracturing of shale was done and that Chesapeake could have drilled, conventionally, any time they chose to.
This document is an advisory for properties being sold by lenders after foreclosure. It summarizes exemptions and requirements for the seller. The seller is exempt from providing certain disclosures but is still required to disclose known material facts affecting the property's value. The seller must also disclose information about earthquake zones, smoke detectors, water heaters, and lead paint. The sale is not exempt from state requirements for carbon monoxide devices or tax withholding obligations. Brokers still have obligations to conduct inspections and provide agency disclosures.
Texas Landlords and Tenants Guide - 2010Bob Lowery
This document summarizes Texas laws regarding landlord and tenant responsibilities. It discusses a landlord's duty to repair rental properties and provide contact information to tenants. It also covers a tenant's rights and responsibilities regarding repairs, security deposits, lease terminations, and other issues. The document is intended to help both landlords and tenants understand their legal rights and obligations under Texas property codes.
Plaintiffs Cong Wang and Seaseng Inc. filed a complaint against Defendants Kandi Technologies Corp. and related entities alleging fraudulent business practices. Plaintiffs agreed to be a distributor for Defendants' products. However, Defendants failed to fulfill promises, stole Plaintiffs' corporate documents and trade secrets, and falsely claimed ownership of Plaintiffs' business. Defendants have employed threats and frivolous lawsuits to force Plaintiffs to relinquish control. Plaintiffs bring claims under RICO and state law for breach of contract, fraud, and other torts.
Fall 2010 open memo assignment no doubt v. activision right of publicity cali...Lyn Goering
This document is Activision Publishing Inc.'s answer and counterclaims filed in response to a lawsuit brought by the band No Doubt. Activision admits that No Doubt's avatars were included in Band Hero pursuant to a license agreement, but denies any wrongdoing. Activision also asserts counterclaims against No Doubt.
This complaint alleges fraud and other claims against multiple defendants related to a residential mortgage loan. It alleges that brokers misrepresented the terms of an adjustable interest-only loan, failed to disclose their financial interest, and steered the plaintiff into an unfavorable loan. The complaint further alleges that the lender and subsequent loan servicers knew or should have known of the fraudulent conduct but still approved and serviced the loan. The plaintiff seeks damages and equitable relief.
This document is a plaintiff's second amended complaint filed in bankruptcy court. It names SMG Distribution & Associates Inc., Lil Pick Up Inc., and Renfeng Wang as defendants. The complaint alleges that the defendants took possession of inventory belonging to the plaintiff/debtor, Odes Industries, without authorization after the business relationship between the companies deteriorated. The plaintiff seeks turnover of the inventory and damages for unauthorized use of the inventory.
Do landmen need to be licensed real estate brokers in Ohio?: a breakdown of the facts and procedural history of Dundics v. Eric Petroleum Corp., 2017-Ohio-640
The document is a legal complaint filed by nine plaintiff entities against a property management company and related parties for breach of contract. It alleges that the defendant property management company violated the terms of property management contracts by improperly maintaining waitlists, accepting cash bribes, allowing unqualified tenants, and destroying records, in violation of state and federal housing laws. The complaint seeks damages and return of personal property.
This document is a formal complaint filed with the Public Utilities Commission of the State of Hawaii by six individuals on behalf of themselves and a class of similarly situated persons against the State of Hawaii, the Governor, various state departments and agencies, and Hawaiian Electric utility companies. The complaint alleges that the defendants breached the public trust by entering into an agreement to exempt Hawaii from federal renewable energy laws and by approving electricity rate increases through a decoupling mechanism. It seeks relief from inflated electricity rates allegedly caused by the state-sanctioned competitive bidding framework for renewable energy.
Shelleys - 7-19-2010 Answer to 1st amended complaintJRachelle
This document is an answer filed by defendants Stancil Shelley and Gina Thompson Shelley in response to a first amended complaint. It denies many of the allegations against them, such as wrongfully entering a property and taking property without authorization. It admits some factual allegations, such as names and events, but denies violating any laws or conspiring against the plaintiff. Overall, the document raises various defenses in response to the claims in the first amended complaint.
This document is an opinion and order from a United States District Court case between Siltronic Corporation and various insurance companies including Employers Insurance Company of Wausau regarding insurance coverage and payment of defense costs for environmental claims arising from contamination at the Portland Harbor Superfund site. The court considers Siltronic's motion for partial summary judgment that Wausau has a continuing duty to defend Siltronic under its 1978-79 insurance policy and must reimburse unpaid defense costs. The court provides background on the insurance policies and contamination issues before analyzing the relevant policy provisions and ruling on the motions.
National union v. redbox order on msj august 7 2014 wd waSeth Row
This order addresses National Union Fire Insurance Company's motion for summary judgment regarding its duties to defend and indemnify Redbox Automated Retail in various lawsuits. The court grants in part and denies in part the motion. Specifically, the court finds that National Union has a duty to defend Redbox in the Cain lawsuit, which alleges violations of Michigan's video rental privacy law, but not in the Mehrens lawsuit, which alleges violations of California's credit card receipt law. The court also finds that while National Union may issue reservations of rights and set reasonable rate caps when defending insureds, it must do so reasonably and in good faith.
This document presents a compromis between Alfurna and Rutasia submitting a dispute over Alfurnan migrants to the International Court of Justice. Alfurna and Rutasia have been unable to resolve differences concerning Alfurnan migrants through negotiations. They agree that Alfurna will be the applicant and Rutasia the respondent in the case. The Court is requested to decide the case based on international law and to determine the legal rights and obligations of the parties.
This document is an opinion and order from a court case between Ash Grove Cement Company and several insurance companies regarding insurance coverage. It discusses that Ash Grove received a request for information from the EPA under CERCLA regarding a Superfund site, and whether this triggers the insurers' duty to defend. The court provides background on the Superfund site, the insurance policies, and communications between the parties. It will determine whether an EPA information request constitutes a "suit" that triggers the duty to defend under the terms of the insurance policies.
The document summarizes 6 notable landlord-tenant cases from 2016, including cases where a tenant was found to still be rent-stabilized due to not receiving proper notice of J-51 tax benefits expiring, a landlord being required to refund over $800,000 to a tenant for rent overcharges, and a landlord being allowed to evict a tenant for conducting short-term rentals of their apartment through Airbnb.
The petitioning creditors filed a motion requesting permission to file redacted versions of confidential pleadings and exhibits under seal in bankruptcy proceedings against Allied Systems Holdings, Inc. and Allied Systems, Ltd. The pleadings and exhibits contain confidential commercial information from credit agreements. The motion argues that public disclosure of this confidential information would violate the credit agreements.
This document is a third amended complaint filed in federal district court in Hawaii by three Honolulu police officers against the City and County of Honolulu and numerous HPD officials. The complaint alleges racial and gender discrimination, retaliation, constitutional violations, and other claims under state and federal law. It provides background information on the three plaintiff officers and their careers with HPD. It also identifies the defendants which include the City/County of Honolulu, former and current HPD chiefs, and other supervising HPD officers. The complaint asserts that the plaintiff officers have been subjected to mistreatment due to racial and gender prejudice.
This document is an answer filed by various defendants (the City and County of Honolulu, police chiefs, officers, etc.) to a third amended complaint filed by three police officers (Plaintiffs). It denies many of the allegations and claims of wrongdoing in the third amended complaint. It also admits some factual allegations such as job titles and positions of some of the defendants. The document raises defenses that the third amended complaint fails to state a valid claim and denies many specific allegations from the complaint.
California State Lands Commission - City of Hermosa Beach State Tidelands TrustStopHermosaBeachOil
This letter is in response to the September 2, 2014, request from your office on behalf of the City of Hermosa Beach (City) memorializing the request made by the City Council during its July 8, 2014 Council meeting for information from the California State Lands Commission (Commission) staff regarding the City's responsibilities as a trustee of granted public trust lands.
Decision by U.S. District Judge David N. Hurd on Force Majeure Case in New Yo...Marcellus Drilling News
A decision issued by Judge David Hurd in a case of landowners from Broome and Tioga Counties in New York State against Chesapeake Energy and Statoilhydro. Chesapeake is attempting to extend leases on property for gas drilling claiming that the moratorium in New York has stopped them from drilling. Landowners claim the leases were signed long before horizontal hydraulic fracturing of shale was done and that Chesapeake could have drilled, conventionally, any time they chose to.
This document is an advisory for properties being sold by lenders after foreclosure. It summarizes exemptions and requirements for the seller. The seller is exempt from providing certain disclosures but is still required to disclose known material facts affecting the property's value. The seller must also disclose information about earthquake zones, smoke detectors, water heaters, and lead paint. The sale is not exempt from state requirements for carbon monoxide devices or tax withholding obligations. Brokers still have obligations to conduct inspections and provide agency disclosures.
Texas Landlords and Tenants Guide - 2010Bob Lowery
This document summarizes Texas laws regarding landlord and tenant responsibilities. It discusses a landlord's duty to repair rental properties and provide contact information to tenants. It also covers a tenant's rights and responsibilities regarding repairs, security deposits, lease terminations, and other issues. The document is intended to help both landlords and tenants understand their legal rights and obligations under Texas property codes.
Plaintiffs Cong Wang and Seaseng Inc. filed a complaint against Defendants Kandi Technologies Corp. and related entities alleging fraudulent business practices. Plaintiffs agreed to be a distributor for Defendants' products. However, Defendants failed to fulfill promises, stole Plaintiffs' corporate documents and trade secrets, and falsely claimed ownership of Plaintiffs' business. Defendants have employed threats and frivolous lawsuits to force Plaintiffs to relinquish control. Plaintiffs bring claims under RICO and state law for breach of contract, fraud, and other torts.
Fall 2010 open memo assignment no doubt v. activision right of publicity cali...Lyn Goering
This document is Activision Publishing Inc.'s answer and counterclaims filed in response to a lawsuit brought by the band No Doubt. Activision admits that No Doubt's avatars were included in Band Hero pursuant to a license agreement, but denies any wrongdoing. Activision also asserts counterclaims against No Doubt.
This complaint alleges fraud and other claims against multiple defendants related to a residential mortgage loan. It alleges that brokers misrepresented the terms of an adjustable interest-only loan, failed to disclose their financial interest, and steered the plaintiff into an unfavorable loan. The complaint further alleges that the lender and subsequent loan servicers knew or should have known of the fraudulent conduct but still approved and serviced the loan. The plaintiff seeks damages and equitable relief.
This document is a plaintiff's second amended complaint filed in bankruptcy court. It names SMG Distribution & Associates Inc., Lil Pick Up Inc., and Renfeng Wang as defendants. The complaint alleges that the defendants took possession of inventory belonging to the plaintiff/debtor, Odes Industries, without authorization after the business relationship between the companies deteriorated. The plaintiff seeks turnover of the inventory and damages for unauthorized use of the inventory.
Do landmen need to be licensed real estate brokers in Ohio?: a breakdown of the facts and procedural history of Dundics v. Eric Petroleum Corp., 2017-Ohio-640
The document is a legal complaint filed by nine plaintiff entities against a property management company and related parties for breach of contract. It alleges that the defendant property management company violated the terms of property management contracts by improperly maintaining waitlists, accepting cash bribes, allowing unqualified tenants, and destroying records, in violation of state and federal housing laws. The complaint seeks damages and return of personal property.
This document is a formal complaint filed with the Public Utilities Commission of the State of Hawaii by six individuals on behalf of themselves and a class of similarly situated persons against the State of Hawaii, the Governor, various state departments and agencies, and Hawaiian Electric utility companies. The complaint alleges that the defendants breached the public trust by entering into an agreement to exempt Hawaii from federal renewable energy laws and by approving electricity rate increases through a decoupling mechanism. It seeks relief from inflated electricity rates allegedly caused by the state-sanctioned competitive bidding framework for renewable energy.
This document is a complaint filed in federal district court challenging Hawaii laws and policies regarding voter registration for a roll to elect delegates to a proposed Native Hawaiian constitutional convention. The complaint alleges that restrictions limiting registration based on race, ancestry, or viewpoint violate the plaintiffs' constitutional and federal statutory rights to equal protection, freedom of expression, and due process. The plaintiffs seek a declaratory judgment that the voting restrictions are unlawful and an injunction against their enforcement. Named as defendants are the State of Hawaii, state officials, and organizations involved in maintaining the voter roll and organizing the proposed election of delegates.
Angela Kaaihue, Motion in Opposition to NECA's Summary Judgement- Hearing Jul...Angela Kaaihue
This document is a memorandum filed by Angela Kaaihue and Yong Fryer in opposition to a motion for summary judgment filed by Newtown Estates Community Association (NECA). It argues that NECA's motion should be denied for several reasons: (1) Petitioners' property is not part of Newtown Estates and is therefore not subject to NECA's rules; (2) there are errors in the property's title and warranty deed regarding its inclusion in Newtown Estates; and (3) Petitioners have developer rights over the property according to the master declaration. The memorandum also notes that the land court has jurisdiction over NECA's claims, as determined in a previous hearing.
This document summarizes a dispute over whether a charter school (Wai'ola Waters of Life Charter School) was required to obtain a special use permit to operate on agricultural land. Neighboring landowners (Ala Loop Homeowners) argued the school needed a permit, while the county said the school was exempt under the law. The Supreme Court of Hawaii was reviewing lower court decisions on this issue.
B. Background: The dispute arose after the charter school acquired agricultural land to use as a campus. Neighbors argued a permit was required for health and safety reasons. The county initially said no permit was needed due to an exemption for charter schools.
C. Ruling: The Supreme Court concluded the neighbors did have
The document is the findings of fact, conclusions of law, and order from a trial regarding a lawsuit brought by plaintiffs Clarence Ching and Mary Maxine Kahaulelio against the Board of Land and Natural Resources and Department of Land and Natural Resources. The lawsuit seeks to determine the defendants' obligations to maintain and clear ordinance remnants, debris, and trash from lands leased by the state to the U.S. military for training purposes. The findings describe the lease agreement for the lands, the military's use of the lands for live fire training, and observations that military debris is scattered across the lands. Cultural monitors expressed concerns about the impacts of the military training on the natural and cultural resources.
This document summarizes a legal case between Stephen Gaggero and Anna Marie Yura regarding an agreement for Gaggero to purchase property owned by a trust for which Yura became successor trustee. The primary issue was whether Gaggero and the previous trustee, Fredrick Harris, had agreed on conditions, covenants and restrictions (CC&Rs) for the property before Harris's death. Following a trial, the court found in favor of Yura, determining that Gaggero and Harris had not finalized the CC&Rs. Gaggero appealed aspects of the judgment and related post-judgment orders.
This document summarizes a court ruling on a motion to dismiss claims against three investors in Veoh Networks Inc. for secondary copyright infringement. The court held that while the complaint alleged the investors obtained control of Veoh through board seats and financing, it did not sufficiently plead that the investors were significantly involved in Veoh's alleged infringing activities to state valid claims of contributory copyright infringement against the investors. As a result, the court granted the investors' motion to dismiss the secondary liability claims against them.
Due Process Right to a "Clean and Healthful Environment"Jesse Souki
This document summarizes key information about contested cases in Hawaii land use and planning law. It discusses when contested cases are required by the Hawaii Administrative Procedures Act and constitutional due process. It provides examples from Hawaii Supreme Court cases that have found a right to a contested case hearing when claiming a property interest protected by the state constitution, such as traditional and customary practices. The document also outlines the requirements for contested case hearings, including the opportunity to be heard, submit evidence, and cross-examine witnesses. It notes some of the government agencies in Hawaii subject to contested cases in their decision-making processes.
This complaint was filed by five native Hawaiian plaintiffs against various state officials and organizations. It challenges Hawaii's process for establishing a Native Hawaiian governing entity. Specifically, it alleges that omitting a blood quantum requirement for participation in the Native Hawaiian roll and election violates equal protection by treating native Hawaiians differently than other native Americans. The complaint seeks declaratory and injunctive relief regarding the use of funds and establishment of the governing entity.
This document is a verified second amended complaint filed by Sharon Logan and Paw Protectors, Inc. against Orange County Animal Care and Does 1 through 10. The complaint alleges that the defendants have engaged in an ongoing pattern of animal abuse and failure to comply with California state law, Orange County ordinances, and their own policies and procedures in operating the Orange County Animal Care shelter. It claims the defendants' violations have resulted in the wrongful killing of impounded animals. The complaint seeks a writ of mandate and injunctive relief ordering the defendants to comply with the law and properly care for animals in their custody.
The United States District Court for the District of Hawaii held a status conference regarding a lawsuit filed by several plaintiffs against the County of Maui. At the conference, the parties' attorneys advised the court that they have agreed to extend the effective date of a Maui County ordinance regarding genetically engineered crops. The attorneys are preparing a stipulation and proposed order detailing the terms of an injunction, including the reasons for issuing it and what acts would be restrained or required. The court then entered a temporary injunction prohibiting enactment and enforcement of the ordinance until December 5th to allow time to review the stipulation, unless ordered otherwise.
This memorandum of agreement is between the Confederated Tribes of the Colville Reservation and Bonneville Power Administration (BPA) regarding BPA funding the acquisition and long-term management of habitat properties by the Tribes to mitigate impacts to fish from hydroelectric projects. BPA will provide funding for property acquisitions and management. The Tribes will acquire properties, grant conservation easements to BPA, develop management plans, and manage properties long-term to protect habitat for fish and wildlife. The agreement establishes the roles and responsibilities of each party regarding property acquisitions, easements, management plans, funding, and ensuring properties are protected and managed for fish and wildlife mitigation purposes.
The 2012 California Homeowner Bill of Rights aims to bring fairness to the state's foreclosure process through significant mortgage and foreclosure reforms. It establishes a dual track foreclosure ban and single point of contact for borrowers, and allows for enforcement of material violations. The bill is part of California Attorney General Kamala Harris' response to the state's foreclosure crisis and follows a bank settlement that provided $18 billion in relief for California borrowers. Accompanying legislation addresses blight prevention, tenant protections, strengthening law enforcement against fraud, and allowing special grand juries for complex financial crimes.
The Office of Hawaiian Affairs (OHA) is a state agency established by the Hawaii Constitution to better the conditions of Native Hawaiians and Hawaiians. OHA is governed by a board of trustees and led by a CEO. It is primarily responsible for programs and advocacy relating to Native Hawaiians and Hawaiians. OHA receives most of its funding from the Native Hawaiian Trust Fund, which holds revenues from ceded lands transferred to the U.S. upon Hawaii's annexation in 1898. As trustees of the fund, the board has fiduciary duties to act solely in the interests of Native Hawaiian and Hawaiian beneficiaries.
A jury awarded $3.87 million to Jim and Nancy Bevill after finding they were victims of a campaign of intimidation and harassment by a condominium board on Molokai. The Bevills endured threats and assaults for over six years after questioning the board's actions. The jury found the board and individuals violated laws and engaged in misconduct like racketeering. The large punitive damages were intended to punish and deter such abuse of condominium owners.
Oil and Gas Case Law Update: Recent Decisions Impacting Oil and Gas PracticeLisa McManus
Pennsylvania oil and gas jurisprudence continues to evolve. On April 2, 2015, PBI's panel of energy law practitioners provided a webinar update on the latest appellate decisions that are shaping energy law practice. Included is an overview of Sabella v. Appalachian Dev. Corp.; Citizens for Pennsylvania’s Future v. Ultra Resources, Inc.; Sisson v. Stanley; Harrison v. Cabot Oil & Gas; Pennsylvania Environmental Defense Foundation v. Commonwealth.
This document is a memorandum submitted by Plaintiffs' attorneys in support of a motion for a temporary restraining order against Defendants. It summarizes the arguments made in previous filings and addresses issues raised in the State's opposition memorandum. Specifically, it argues that the Attorney General's Opinion No. 13-1 misinterprets the meaning and intent of Article I, Section 23 of the Hawaii Constitution regarding the definition of marriage. It also argues that federal justiciability standards of an actual controversy, ripeness, and standing do not apply given that this involves a matter of great public importance under Hawaii law. The memorandum aims to demonstrate the Plaintiffs have a likelihood of success on the merits in their request for a declaratory judgment on the meaning of
Angela Kaaihue -vs- Newtown Estates Community AssociationAngela Kaaihue
This document is an Answer and Counterclaim filed by defendants Angela Kaaihue and Young Fryer in response to a complaint brought against them by the Newtown Estates Community Association. In their answer, the defendants deny many of the allegations in the complaint and assert 14 defenses. In their counterclaim against the association, the defendants allege that their vacant, undeveloped land parcel was never subject to the association's rules and covenants during the times it was owned by the original developer and a subsequent owner. They argue the association now improperly seeks association dues and fines from the defendants as the current owners.
Gov. Ige sent a letter to California Congresswoman Anna Eshoo in response to her August 2020 request for information about Hawaii's pandemic response.
https://www.civilbeat.org/2020/08/california-congresswoman-wants-answers-on-hawaiis-virus-response-effort/
Audit of the Department of the Honolulu Prosecuting Attorney’s Policies, Proc...Honolulu Civil Beat
This audit was conducted pursuant to Resolution 19-255,
requesting the city auditor to conduct a performance audit of the Honolulu Police Department and the Department of the Prosecuting Attorney’s policies and procedures related to employee misconduct.
Audit of the Honolulu Police Department’s Policies, Procedures, and ControlsHonolulu Civil Beat
The audit objectives were to:
1. Evaluate the effectiveness of HPD’s existing policies, procedures, and controls to identify and respond to complaints or incidents concerning misconduct, retaliation, favoritism, and abuses of power by its management and employees;
2. Evaluate the effectiveness of HPD's management control environment and practices to correct errors and prevent any misconduct, retaliation, favoritism, and abuses of power by its
management and employees; and
3. Make recommendations to improve HPD’s policies, procedures, and controls to minimize and avoid future managerial and operational breakdowns caused by similar misconduct.
The report summarizes use of force incidents by the Honolulu Police Department in 2019. There were 2,354 reported incidents, an increase from 2018. Physical confrontation techniques were used most often (53% of applications). The most common types of incidents requiring force were simple assault (13.4%), mental health cases (13.2%), and miscellaneous public cases (6.7%). Most incidents occurred on Mondays and Saturdays between midnight and 1:59am and involved males aged 34 on average, with the largest proportion being Native Hawaiian/Pacific Islanders (34.5%).
The Office of Health Equity aims to eliminate health disparities in Hawaii. Its vision is for policies and programs to improve the health of underserved groups. Its mission is to increase the capacity of Hawaii's health department and providers to eliminate disparities and improve quality of life. The office identifies disparities, recommends actions to the health director, and coordinates related activities and programs. It works to establish partnerships, identify health needs, develop culturally appropriate interventions, and promote national health objectives. The office's strategic goals are to increase awareness of disparities, strengthen leadership, improve outcomes through social determinants, improve cultural competency, and improve research coordination.
The document calls for unity and collaboration between Native Hawaiian and Pacific Islander communities in Hawaii to address COVID-19. It summarizes that government leaders have failed citizens by being slow to respond to the crisis, not working together effectively, and one in three COVID cases impacting Pacific Islanders. It calls on officials to take stronger, transparent leadership and get resources like contact tracers deployed quickly from Pacific Islander communities. Each day without action will lead to more cases, hospitalizations and deaths. It establishes a response team to improve COVID data and policies for Native Hawaiian and Pacific Islander communities.
This letter from the ACLU of Hawaii to the Honolulu Police Department raises concerns about racial disparities in HPD's enforcement of COVID-19 orders and use of force. It cites data showing Micronesians, Black people, Samoans and those experiencing homelessness were disproportionately arrested. It recommends HPD end aggressive enforcement of minor offenses, racial profiling, and using arrest statistics to measure performance. It also calls for implicit bias training, data collection and transparency regarding police stops, searches and arrests.
This letter from the ACLU of Hawaii to the Honolulu Police Department raises concerns about racial disparities in HPD's enforcement of COVID-19 orders and use of force. It cites data showing Micronesians, Black people, Samoans and those experiencing homelessness were disproportionately arrested. It recommends HPD end aggressive enforcement of minor offenses, racial profiling, and using arrest statistics to measure performance. It also calls for implicit bias training, data collection and transparency regarding police stops, searches and arrests.
This document is a complaint filed in circuit court by Jane Doe against The Rehabilitation Hospital of the Pacific and several individuals. Jane Doe alleges she has experienced discrimination and harassment at her job as a physical therapist at Rehab Hospital based on her sexual orientation. She lists several causes of action against the defendants and is seeking damages for the harm to her career and emotional distress caused by the defendants' actions.
This document provides guidance for large or extended families living together during the COVID-19 pandemic. It recommends designating one or two household members who are not at high risk to run necessary errands. When leaving the house, those individuals should avoid crowds, maintain social distancing, frequently wash hands, avoid touching surfaces, and wear cloth face coverings. The document also provides tips for protecting high-risk household members, children, caring for sick members, isolating the sick, and eating meals together while feeding a sick person.
The Office of Hawaiian Affairs (OHA) requests that the State of Hawaii prioritize collecting and reporting disaggregated data on Native Hawaiians relating to the COVID-19 pandemic. Specifically, OHA asks for disaggregated data from the Departments of Health, Labor and Industrial Relations, and Human Services on topics like COVID-19 cases, unemployment claims, and applications for assistance programs. Disaggregated data is critical to understand how the pandemic is impacting Native Hawaiians and to direct resources most effectively. OHA also requests information on how race data is currently collected by these agencies.
The CLA audit of OHA from 2012-2016 found significant issues in OHA's procurement processes and identified $7.8 million across 32 transactions as potentially fraudulent, wasteful, or abusive. The audit found 85% of transactions reviewed contained issues of noncompliance with policies and laws, while 17% (32 transactions) were flagged as "red flags". Common issues included missing procurement documents, lack of evidence that contractors delivered on obligations, and contracts incorrectly classified as exempt from competitive bidding. The audit provides a roadmap for OHA to investigate potential wrongdoing and implement reforms to address deficiencies.
This document provides a list of pro bono legal service providers for immigration courts in Honolulu, Hawaii, Guam, and the Northern Mariana Islands. However, as of the January 2018 revision date, there are no registered pro bono legal organizations for the immigration courts in Honolulu, Hawaii, Guam, or the Northern Mariana Islands. The document also notes that the Executive Office for Immigration Review maintains this list of qualified pro bono legal service providers as required by regulation, but that it does not endorse or participate in the work of the listed organizations.
The document discusses the benefits of exercise for mental health. Regular physical activity can help reduce anxiety and depression and improve mood and cognitive function. Exercise causes chemical changes in the brain that may help protect against mental illness and improve symptoms.
Mayor Kirk Caldwell issued a statement regarding the construction of a multi-purpose field at Waimānalo Bay Beach Park. City Council member Ikaika Anderson had requested halting all grubbing work until September 15 out of concern for the endangered Hawaiian hoary bat. However, the environmental assessment states grubbing of woody plants over 15 feet tall should not occur after June 1 to protect young bats. The city contractor will finish grubbing by the end of May as required. Canceling the contract would cost $300,000 in taxpayer money. Therefore, the city will proceed with completing Phase 1, including a multi-purpose field, play area, and parking lot, for $1.43 million, and will review additional
16062024_First India Newspaper Jaipur.pdfFIRST INDIA
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ग्रेटर मुंबई के नगर आयुक्त को एक खुले पत्र में याचिका दायर कर 540 से अधिक मुंबईकरों ने सभी अवैध और अस्थिर होर्डिंग्स, साइनबोर्ड और इलेक्ट्रिक साइनेज को तत्काल हटाने और 13 मई, 2024 की शाम को घाटकोपर में अवैध होर्डिंग के गिरने की विनाशकारी घटना के बाद अपराधियों के खिलाफ सख्त कार्रवाई की मांग की है, जिसमें 17 लोगों की जान चली गई और कई निर्दोष लोग गंभीर रूप से घायल हो गए।
Recent years have seen a disturbing rise in violence, discrimination, and intolerance against Christian communities in various Islamic countries. This multifaceted challenge, deeply rooted in historical, social, and political animosities, demands urgent attention. Despite the escalating persecution, substantial support from the Western world remains lacking.
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projet de traité négocié à Istanbul (anglais).pdfEdouardHusson
Ceci est le projet de traité qui avait été négocié entre Russes et Ukrainiens à Istanbul en mars 2022, avant que les Etats-Unis et la Grande-Bretagne ne détournent Kiev de signer.
Christian persecution in Islamic countries has intensified, with alarming incidents of violence, discrimination, and intolerance. This article highlights recent attacks in Nigeria, Pakistan, Egypt, Iran, and Iraq, exposing the multifaceted challenges faced by Christian communities. Despite the severity of these atrocities, the Western world's response remains muted due to political, economic, and social considerations. The urgent need for international intervention is underscored, emphasizing that without substantial support, the future of Christianity in these regions is at grave risk.
https://ecspe.org/the-rise-of-christian-persecution-in-islamic-countries/
Shark Tank Jargon | Operational ProfitabilityTheUnitedIndian
Don't let fancy business words confuse you! This blog is your cheat sheet to understanding the Shark Tank Jargon. We'll translate all the confusing terms like "valuation" (how much the company is worth) and "royalty" (a fee for using someone's idea). You'll be swimming with the Sharks like a pro in no time!
Why We Chose ScyllaDB over DynamoDB for "User Watch Status"ScyllaDB
Yichen Wei and Adam Drennan share the architecture and technical requirements behind "user watch status" for a major global media streaming service, what that meant for their database, the pros and cons of the many options they considered for replacing DynamoDB, why they ultimately chose ScyllaDB, and their lessons learned so far.
Slide deck with charts from our Digital News Report 2024, the most comprehensive exploration of news consumption habits around the world, based on survey data from more than 95,000 respondents across 47 countries.
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#WenguiGuo#WashingtonFarm Guo Wengui Wolf son ambition exposed to open a far...rittaajmal71
Since fleeing to the United States in 2014, Guo Wengui has founded a number of projects in the United States, such as GTV Media Group, GTV private equity, farm loan project, G Club Operations Co., LTD., and Himalaya Exchange.
केरल उच्च न्यायालय ने 11 जून, 2024 को मंडला पूजा में भाग लेने की अनुमति मांगने वाली 10 वर्षीय लड़की की रिट याचिका को खारिज कर दिया, जिसमें सर्वोच्च न्यायालय की एक बड़ी पीठ के समक्ष इस मुद्दे की लंबित प्रकृति पर जोर दिया गया। यह आदेश न्यायमूर्ति अनिल के. नरेंद्रन और न्यायमूर्ति हरिशंकर वी. मेनन की खंडपीठ द्वारा पारित किया गया
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1. SMITH ILAW
P. KYLE SMITH
970 N. Kalaheo, Suite A301
Kailua, HI 96734
T: (808) 791-9555
REVERE & ASSOCIATES
9533
TERRANCEM. REVERE 5857-0
MALIAR. NICKISON-BEAZLEY9289-0
Pali Palms Plaza
970 North Kalaheo Avenue, Suite A301
Kailua, Hawaii 96734
T: (808) 791-9550
Attorneysfor Plaintiffs
IN THE CIRCUIT COURT OF THE FIRST CIRCUIT
STATE OF HAWAll
Luis and Julie Ochoa, Tyler and Amanda
Newell, Steven and Julia Martin, Marques and
Nicole Farmer, Bryan and Dylan Austin,
Antwuan and Ines Chandler, Damian
Romanelli and Candace Duhon, Danial and
Alana Stagg, Justin and Caroline Stephens,
Paul and Heidi Stubbs,
Plaintiffs,
Vs.
Ohana Military Communities, LLC, Forest
City Residential Management, Inc.; and DOE
Defendants 1-10,
Defendants.
CNIL NO.: 16-1- 2018-10
COMPLAINT; DEMAND FOR JURY
TRIAL; SUMMONS
~· '
RAN
I do haraby certify that this is a ~II, t~e, and
correct copy d the oliginal on file in this office.~ . _.....__
2. Plaintiffs allege the following against Ohana Military Communities, LLC and Forest City
Residential Management, Inc.:
I.
JURISDICTION AND VENUE
1) This Court has jurisdiction and venue over the above Defendants under Hawaii Revised
Statutes § 634-35, because the causes of action arise as the result of Defendants' business
transactions within this state, Defendants' commission of alleged tortious acts and injuries
within this state, and the Defendants' and Plaintiffs' use and possession of real property
within this state. Defendants are subject to the jurisdiction ofthis Court because they reside
and conduct business in this Circuit.
2) Further, this Court has jurisdiction and venue under the terms of Defendants' lease
agreements with Plaintiffs, which agree that Lease and contractual relationship between the
parties will be construed exclusively in accordance with, and shall be exclusively governed
by the substantive laws of the State of Hawaii, including but not limited to Hawaii State
Revised Statutes, chapter 521, and the common law interpreting those statutes.
3) This Court has subject matter jurisdiction over this action under Hawai'i Revised Statute §
603-21.5.
4) Venue is proper before this Court under Hawai'i Revised Statute§ 603-36.
II.
PARTIES
5) Plaintiffs are military families who leased residential housing at Marine Corp Base Hawaii
(MCBH) in Kaneohe, Oahu, after 2006 from Defendants.
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3. 6) Luis and Julie Ochoa are former tenants ofOharra Military Communities in Kaneohe,
Hawaii, from approximately August 2011 to September 2012.
7) Tyler and Amanda Newell are former tenants ofOhana Military Communities in Kaneohe,
Hawaii, from approximately 2011 to 2014.
8) Steven and Julia Martin are current tenants ofOharra Military Communities in Kaneohe,
Hawaii, from approximately December 2014 to the present.
9) Marques and Nicole Farmer are former tenants ofOhana Military Communities in
Kaneohe, Hawaii, from approximately July 2009 to August 2012.
10) Bryan and Dylan Austin are former tenants of Oharra Military Communities in Kaneohe,
Hawaii, from July 2012 to July 2016.
11) Antwuan and Ines Chandler are former tenants of Oharra Military Communities in
Kaneohe, Hawaii, from November 2008 to June 2012.
12) Damian Romanelli and Candace Duhon are former tenants ofOhana Military Communities
in Kaneohe, Hawaii, from May 2011May2014.
13) Danial and Alana Stagg are current tenants ofOhana Military Communities in Kaneohe,
Hawaii, from August 2014 to the present.
14) Justin and Caroline Stephens are former tenants ofOharra Military Communities in
Kaneohe, Hawaii, from August 2008 to October 2011.
15) Paul and Heidi Stubbs are former tenants of0 hana Military Communities in Kaneohe,
Hawaii, from January 2008 to January 2010.
16) Upon information and belief, Defendant Oharra Military Communities, LCC ("Ohana
MC") is and has been at all relevant times a Hawaii corporation, having its principal place
ofbusiness in the City and County ofHonolulu, State ofHawaii.
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4. 17) Upon information and belief, Defendant Forest City Residential Management, Inc.,
("Forest City RM") is and has been at all relevant times a foreign corporation doing
business in Hawaii and having its principal place ofbusiness in Cleveland, Ohio.
18) Plaintiffs allege that Ohana MC and Forest City RM are joint tortfeasors, co-conspirators,
alter egos, agents ofthe other, co-venturers, and engaged in the joint-enterprise of
developing privatized military housing at MCBH, marketing and sales ofresidential leases,
sales ofrenter's insurance policies, providing property management and maintenance
services, as well as the conduct and acts alleged herein.
19) Plaintiffs have reviewed records that were made available to them in order to ascertain the
true and full names and identities of all defendants in this action, but no further knowledge
or information regarding the parties responsible is available at this time and Plaintiffs are
unable to ascertain the identity ofthe defendants in this action designated as DOE
DEFENDANTS 1-10 ("Doe Defendants"). Doe Defendants are sued herein under fictitious
names for the reason that their true names and identities are unknown to Plaintiffs except
that they may be connected in some manner with Defendants and may be agents, attorneys,
servants, employees, employers, representatives, co-venturers, co-conspirators, associates,
or independent contractors ofDefendants and/or were in some manner responsible for the
injuries or damages to Plaintiff and their true names, identities, capacities, activities and
responsibilities are presently unknown to Plaintiff or their attorneys.
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5. III.
FACTUAL ALLEGATIONS
Military Housing Privatization Initiative
20) In 1996, under the provisions of the Military Housing Privatization Initiative (MHPI), the
United States Congress authorized legislation to privatize military housing whereby private
companies were allowed to own and manage housing on military bases.
a. The MHPI seeks to attract private sector financing, expertise, and innovation to
provide necessary housing faster and more efficiently than traditional military
housing construction procedures allow;
b. Private developers who are selected in a competitive process to own, maintain and
operate on-base family housing via a fifty year ground lease.
c. The MHPI does not guarantee that service members will elect to live in on-base,
privatized housing created under the MHPI.
d. Private developers and property managers are instead encouraged to "build/renovate
housing units where service members will chose to live."1
e. Uniformed service members who do not receive government housing are provided
with a Basic Allowance for Housing (BAH) and can spend their BAH to purchase
private housing either "off-base" or "on-base," which means that developers, real
estate agents, property lessors and property managers compete to acquire service
members' BAH dollars.
1 Military Housing Privatization, FAQs, Office ofthe Deputy Undersecretary ofDefense Installations and
Environment, http://www.acq.osd.mil/housing/faqs.htm#2.
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6. b. Ohana MC will provide safe and habitable housing;6 and
c. To mediate any disputes or claim between them arising out ofthis Lease.7
26) After assuming control ofMCBH residential housing, Ohana MC began to lease newly and
previously constructed residential housing to military families in approximately 2006.
Upon information and belief, older residential housing at MCBH contained asbestos, lead-
based paint, extensive mold infestation, and other toxins. During this time Ohana MC
began demolishing portions of the older residential housing to build new residential units
for future lease, which has occurred at MCBH from approximately 2006 to the present.
27) Before taking control of MCBH housing, Defendants were warned by Metcalf
Construction, which was the contractor originally hired by the Department of the Navy to
carry out demolition and construction of military housing at MCBH, that MCBH soils had
been found that were contaminated with pesticides including chlordane, heptachlor, and
heptachlor epoxide, and that all contaminated topsoil should be removed in addition to
other measures.8
28) Thus, before taking over MCBH residential housing, Defendants were aware that
chlordane and other pesticide levels were many times higher than the EPA's Tier 1
environmental action levels ("EAL") and that chemical contamination at MCBH housing
was widespread and needed to remediated because ofthe increased health risks for military
families at MCBH.
6 Id. at 5, ~12 ("Owner is responsible ... for ensuring that the Premises are safe and habitable.")
(emphasis added).
7 Id. at 10, ~34.
8 Chlordane was banned by the EPA in 1988 and is classified as a Group B2 carcinogen by the EPA.
Similarly, heptachlor was banned by the EPA in 1974 and is listed as a Group B2 carcinogen.
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7. 29) Despite these warmngs, Defendants did not disclose the presence of pesticide-
contaminated soils to military families before marketing and selling residential leases,
renter's insurance, and property management and maintenance services at MCBH.
30) After learning of the presence of pesticide-contaminated soils, Ohana MC investigated,
conducted additional testing, and thereafter confirmed the presence of pervasive pesticide
contamination at MCBH.
31) Because of consistent positive test results from MCBH neighborhoods, Ohana MC stopped
testing and concluded that all neighborhoods at MCBH should be assumed to contain
pesticide impacted soils beneath all existing foundations and all surrounding perimeters.
32) In addition to heptachlor, chlordane, and heptachlor epoxide levels in excess ofEPA Tier 1
and Tier 2 EALs, Defendants were also aware of chemical contamination for aldrin,
dieldrin, and endrin at MCBH in excess of Tier 1 and Tier 2 EALs, similarly failed to
provide warning ofdangers associated with these risks to military families.
33) After learning of the presence of pesticide-contaminated soils at MCBH, Defendants
created a Pesticide Soils Management Plan (the "Plan") with input from the Hawaii
Department ofHealth (HDOH).
a. Under the Plan, Tier 2 EALs were developed for the pesticides at issue that allowed
soil contamination levels above the Tier 1 EALs. These higher levels are justified
based on the flawed assumption that military families would not live at MCBH longer
than 6 years (i.e. two 3-year tours ofduty at MCBH).
b. Importantly, these higher Tier 2 EALs mean that military families are exposed to
higher excess cancer/non-cancer risks of at least "one in one-hundred thousand"(lO-
5) rather than the regular Tier 1 level ofless than a "one-in-a-million" excess risk.
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8. 34) Further, the Plan:
a. Confirmed the presence ofpesticide-contaminated soils at MCBH;
b. Assumed all neighborhoods contained pesticide-contaminated soils beneath all
existing home foundations and surrounding perimeters;
c. Recommended specific remediation practices to address pesticide contaminated soils
such as confirming that "no visible dust" should occur during demolition and
construction because ofthe danger ofpesticide-contaminated soils;
d. Claimed that detailed maps would be kept and made available to the Department of
the Navy, MCBH property management, and the HDOH detailing where pesticide-
contaminated soils had been found and addressed; and
e. Confirmed that written notification would be provided to residents anywhere they
may contact pesticide-contaminated soils.
35) In spite of specific knowledge of chemical contamination of MCBH residential housing at
levels many times above both Tier 1 and Tier 2 EALs, Defendants took over existing
leases and entered new leases with military families without disclosure to these families
that pesticide-contaminated soils had been tested and confirmed at MCBH.
36) Defendants also did not inform military families at MCBH ofthe Plan, did not tell military
families that Defendants had agreed to accept pesticide-contaminated soils above Tier 1
EALs at MCBH, did not inform military families that pesticide contaminated soils above
Tier 2 EAL levels had been confrrmed at MCBH, and did not inform military families that
pesticide contaminated soils at MCBH would pose a higher excess risk of cancer and non-
cancer outcomes for military families residing at MCBH.
37) Defendants also failed to follow their own Plan. For example:
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9. a. Rather than notifying residents that pesticide-contaminated soils had been confirmed
at MCBH, Defendants' Residential Community Handbook for Marine Corps
Neighborhoods ("Community Handbook") - which was provided to residents after
they entered leases with Defendants and incorporated within the Lease9 -contained
only a non-specific reference that chlordane and other pesticides "may be found"
throughout the United States while expressly representing it is safe for families to
work, play, and garden in their yards:
Chlordane was one ofthe most common pesticides applied to the soil around
homes and businesses throughout the United States for protection against
termites from 1948 to 1988. Other pesticides used in and around housing to
prevent insect infestation and disease outbreak have also been banned.
Although chlordane and other pesticides are no longer used, they may be
found in soils under and around housing constructed in both civilian and
military communities. Families can safely work and play in their yards;
however, we recommend residents use prudent practices by thoroughly
washing their hands after direct soil contact and washing all plants and
vegetables grown on-site before consuming.10
b. Similarly, while the Plan mandated that "no visible dust" should occur, substantial
fugitive dust occurred at MCBH throughout the demolition of old housing and the
construction ofnew housing. When military families repeatedly complained about the
excessive dust, Defendants did not disclose that pesticide-contaminated soils had
been confirmed at MCBH. Instead, Defendants told military families there was no
danger.
c. And while the Plan claimed that detailed maps would be kept and made available to
the Department of the Navy, MCBH property management, and the HDOH that
9 Ohana MC Exemplar Lease Agreement at 4, ~11 ("A. Resident agrees to comply with the Community
Handbook delivered to Resident...B. Resident has been provided with and acknowledges receipt ofa
copy ofthe Community Handbook, which may be updated from time to time.").
10 Forest City Residential Community Handbook Marine Corps Neighborhoods, at 14.
11 SMITH ILAW
Revere & Associates
10. detailed where pesticide-contaminated soils had been found and addressed, such maps
were not provided until complaints were ultimately brought by Plaintiffs.
38) Since at least 2006, Defendants have systematically failed to warn military families of
pesticide contamination at MCBH and lrnowingly and intentionally exposed military
families at MCBH to unsafe conditions including higher rates of cancer and other adverse
health outcomes without disclosing these risks to military families or taking sufficient
steps to protect military families from such risks.
39) After military families discovered Defendants' failure to disclose the presence ofpesticide-
contaminated soils, Plaintiffs requested Defendants to mediate with them to address
concerns about pesticide-contaminated soils at MCBH under the terms of their lease. The
lease mediation provision states:
Mediation. Owner and Resident agree to mediate any dispute or claim arising
between them out ofthis Lease, before resorting to court action. Mediation fees, if
any, shall be divided equally among the parties involved. The parties agree to use
a mediator selected from the mediation list incorporated in the Community
Handbook. If, for any dispute or claim to which this paragraph applies, any party
commences an action without first attempting to make reasonable efforts to
resolve the matter through mediation, or refuses to mediate in good faith after a
request has been made, then that party shall not be entitled to recover attorney's
fees even ifthat party eventually prevails in the court proceeding. 11
40) Specifically, Plaintiffs demanded for Ohana MC to participate in mediation pursuant to the
mediation clause found within their lease agreements with Ohana MC to address Ohana
MC's intentional failure to disclose chemical contamination at MCBH and Ohana MC's
failure to provide safe and habitable housing to military families from 2005 to the present.
11 See Ohana MC Lease Agreement.
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11. FIRST CLAIM FOR RELIEF
(Breach of Contract - Ohana MC)
41) Plaintiffs repeat and incorporate all factual allegations within their Complaint.
42) Valid contracts were entered between Plaintiffs and Ohana MC for the lease ofresidential
housing on MCBH.
a. Under its lease documents, Ohana MC assumes responsibility to meet the housing
needs of military families at MCBH and defines military service members who sign
the lease as "Residents" and spouses, children, and parents as "Occupants."
b. Only military service members who live with a dependent (spouse, child, or parent)
are eligible to lease MCBH family housing from Ohana MC.
c. Military families who live at MCBH are therefore intended beneficiaries of the lease
agreements entered into between service members and Ohana MC as Ohana MC
assumes responsibility to meet the housing needs ofmilitary families.
43) Under the terms of their lease contracts, Plaintiffs agreed to pay rent equal to their BAH in
exchange for safe and habitable residential housing for their families and agreed the parties'
respective lease obligations and responsibilities would be construed exclusively under the
substantive laws of the State of Hawaii, including, but not limited to, Hawaii Revised
Statutes Chapter 521 and the common law interpreting those statutes.12
44) Under the terms of their leases and Hawaii law, Ohana MC has breached its lease
agreements with Plaintiffs.
45) Specifically, Ohana MC failed to:
12 Military service members receive additional BAH (and cost ofliving adjustments) to pay for housing
for their dependents. Ohana MC provides housing services for military families at MCBH and requires
military service members to pay their full BAH - for both themselves and their dependents - as rent in
exchange for the provision of housing services.
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12. a. Disclose the presence, nature, or extent ofpesticide-contaminated soils at MCBH;
b. Provide safe and habitable housing;
c. Fully implement its Pesticide Soil Management Plan; and
46) Plaintiffs have sustained damages as a result of Ohana MC's breach, which includes the
overpayment for rent, real estate sales commissions, renter's insurance policies, property
management and maintenance services, and emotional distress.
47) Because of Ohana MC's breach of contract, it has been necessary for Plaintiffs to incur
expenses and other special damages in an amount to be proven at trial.
48) Under the terms of their lease, Plaintiffs are entitled as the prevailing party to reasonable
attorneys' fees and costs required to pursue this action.
49) As a proximate and legal result of Ohana MC's breach of contract, Plaintiffs have been
compelled to resort to litigation and therefore request an award of all consequential
damages, including, but not limited to, attorneys' fees and costs incurred in such litigation,
in amounts to be proven at time oftrial.
SECOND CLAIM FOR RELIEF
(Breach of Implied Warranty of Habitability- Ohana MC)
50) Plaintiffs repeat and incorporate all factual allegations within their Complaint.
51) Ohana MC owes a duty to Plaintiffs to provide safe and healthy residential housing for
military families.
52) Under the terms of their lease contracts, Plaintiffs agreed to pay rent in exchange for safe
and healthy residential housing.
53) Ohana MC breached its duty to provide safe and healthy residential housing.
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13. 54) Specifically, Ohana MC failed to warn Plaintiffs of the existence, nature and extent of
pesticide contamination at MCBH and exposed Plaintiffs and their families to increased
health risks for cancer and other adverse health outcomes without their knowledge and
against their will.
55) Because of Ohana MC's breach of the implied warranty of habitability, it has been
necessary for Plaintiffs to incur expenses and other special damages in an amount to be
proven at trial.
56) Plaintiffs have sustained damages as a result of Ohana MC's breach, which includes the
overpayment for rent, real estate sales commissions, renter's insurance policies, property
management and maintenance services, and emotional distress.
57) As a proximate and legal result of Ohana MC's breach of contract, Plaintiffs have been
compelled to resort to litigation and therefore request an award of all consequential
damages, including, but not limited to, attorneys' fees and costs incurred in such litigation,
in amounts to be proven at time oftrial.
THIRD CLAIM FOR RELIEF
(Violation of Hawaii Revised Statute Chapter 521 -
Landlord Tenant Code-Defendants)
58) Plaintiffs repeat and incorporate all factual allegations within their Complaint.
59) Hawaii Revised Statute §521-10 imposes upon landlords an obligation of good faith in the
performance oftheir obligations under the lease.
60) Hawaii Revised Statute §521-42(a)(l) obligates Defendants to supply housing that
complies with applicable building and housing laws materially affecting health and safety.
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14. 61) Despite their obligation to provide healthy and safe housing to military families, 13
Defendants intentionally and knowingly exposed Plaintiffs and their families to increased
health risks for cancer and other adverse health outcomes without their knowledge and
against their will in addition to knowing violation of Defendants' own Pesticide Soils
Management Plan, which included both pesticide contaminated neighborhoods and
construction dust at MCBH.
62) Defendants therefore violated the Hawaii Landlord Tenant Code and Plaintiffs are entitled
to all rights and remedies afforded tenants under Chapter 521, which includes their
reasonable attorneys' fees and costs.
63) Because of Defendants' violation of Chapter 521 of the Hawaii Revised Statutes, it has
been necessary for Plaintiffs to incur expenses and other special damages in an amount to
be proven at trial.
64) Plaintiffs have sustained damages as a result of Defendants' breach, which includes the
overpayment for rent, real estate sales commissions, property management and
maintenance services and emotional distress.
65) As a proximate and legal result of Defendants' breach of contract, Plaintiffs have been
compelled to resort to litigation and therefore request an award of all consequential
damages, including, but not limited to, attorneys' fees and costs incurred in such litigation,
in amounts to be proven at time oftrial.
FOURTH CLAIM FOR RELIEF
(Unfair & Deceptive Trade Practices - Defendants)
13 See Hawaii Landlord Tenant Code Handbook, Landlord Obligations, at 15 ("Provide safe and healthy
premises as required by law. Section 42(a)(l) and (2)").
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15. 66) Plaintiffs repeat and incorporate all factual allegations within their Complaint.
67) Hawaii Revised Statutes § 480-2(a) provides, in relevant part: "[U]nfair or deceptive acts
or practices in the conduct of any trade or commerce are unlawful."14
a. The sale of residential leases by licensed real estate agents, the sale of insurance
policies, and the sale of property management and maintenance services by
professional residential property management companies all constitute "any trade or
commerce" within the meaning ofHawaii Revised Statutes chapter 480.
68) Plaintiffs are "consumers" under Hawaii Revised Statute 480-1 who have purchased goods
or services or who have personally invested their resources to lease residential housing
from Defendants.15
a. Hawaii Revised Statutes § 480-1 further clarifies that the term "purchase" or "buy"
includes "contract to buy", "lease", "contract to lease", "license" and "contract to
license". 16
b. The purchase of "leases" from licensed real estate agents falls within conduct
regulated by Hawaii Revised Statutes Chapter 480.
c. The purchase of renter's insurance policies from licensed real estate agents falls
within conduct regulated by Hawaii Revised Statutes chapter 480.
d. The purchase of professional residential property management services falls within
conduct regulated by Hawaii Revised Statutes chapter 480.
14 HAW. REV. STAT. §480-2.
15 HAW. REV. STAT.§ 480-1.
16 Id.
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16. 69) Defendants' conduct in using licensed Hawaii real estate agents to market and sell
residential leases, renter's insurance policies, and a wide array of property management
and maintenance services - many of which address safety and special needs of military
families - at MCBH without disclosing the presence, nature, and extent of pesticide-
contamination at MCBH constitutes an unfair or deceptive act and practice in the conduct
oftrade and commerce that had the tendency to mislead potential tenants.
a. For example, Defendants' practice of expressly representing that Defendants "ensured"
MCBH housing was "safe and habitable" and that Defendants would provide
"exceptional service" constitutes an unfair or deceptive act and practice in the
conduct of trade and commerce that had the tendency to mislead potential
purchasers.17
b. Similarly, Defendants use of a Community Handbook that failed to disclose the
presence and risk of pesticide-contaminated soils at MCBH was an unfair and
deceptive trade practice.
70) To entice military families to enter leases with Defendants at MCBH, Defendants did not
disclose that pesticide-contaminated soils had been confirmed at MCBH and that
Defendants had decided to accept pesticide-contaminated soils at MCBH above Tier 1
EALs.
71) Further, after entering leases with Plaintiffs, Defendants asserted it was safe for families to
work and play in their yards although they now admit that children and pets should not be
allowed to play in the yards near old house foundations and that families should not grow
fruits or vegetables in the yards near old house foundations.
17 See Community Handbook at 1.
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17. 72) Additionally, despite actual knowledge that pesticide-contaminated soils had been
confirmed at MCBH, Defendants only provided a cursory statement that chlordane "may"
be found in the United States.
73) Defendants' unfair or deceptive trade practices had a tendency to mislead Plaintiffs into
purchasing residential leases, renter's insurance policies and property management and
maintenance services at MCBH.
74) Because of Defendants' unfair and deceptive trade practices, Plaintiffs have incurred
expenses and other special damages in an amount to be proven at trial.
75) Plaintiffs have sustained damages as a result of Defendants' unfair or deceptive trade
practices, which includes the overpayment for rent, real estate sales commissions, property
management and maintenance services and emotional distress.
76) As a proximate and legal result of Defendants' unfair and deceptive trade practices,
Plaintiffs have been compelled to resort to litigation and therefore request an award of all
consequential damages, including, but not limited to, attorneys' fees and costs incurred in
such litigation, in amounts to be proven at time of trial.
FIFTH CLAIM FOR RELIEF
(Negligent Failure to Warn - Defendants)
77) Plaintiffs repeat and incorporate all factual allegations within their Complaint.
78) Defendants have an obligation to provide safe and healthy housing for residents and a duty
to warn residents ofrisks.
79) Despite actual knowledge of the presence of pesticide-contaminated soils at MCBH and
related health risks, however, Defendants provided no warning to military families and
instead intentionally and knowingly exposed Plaintiffs and their families to increased
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18. health risks for cancer and other adverse health outcomes without their knowledge and
against their will.
a. Defendants' actions are particularly egregious because they communicated, solicited
and bargained with Plaintiffs through licensed real estate agents who are, or should be
aware, of the need to disclose all known unsafe and hazardous conditions at
properties they market and sell.
80) This failure to warn includes Defendants' knowing violation of the Pesticide Soils
Management Plan by failing to provide notification under the Plan, failure to maintain
detailed maps identifying the location of pesticide-contaminated soils, and failure to warn
that fugitive dust potentially contained pesticide-contaminated soil.
81) Defendants have therefore breached their duty to warn military families at MCBH and
Plaintiffs are entitled to all rights and remedies, which incudes their reasonable attorneys
fees and costs.
82) Because of Defendants' negligence, it has been necessary for Plaintiffs to incur expenses
and other special damages in an amount to be proven at trial.
83) Plaintiffs have sustained damages as a result ofDefendants' negligence, which includes the
overpayment for rent, real estate sales commissions, property management and
maintenance services and emotional distress.
84) Defendants' conduct was willful, wanton, and/or grossly negligent of the foreseeable
consequences to Plaintiffs.
85) Defendants' conduct therefore justifies an award of exemplary or punitive damages in an
amount to be proven at the trial ofthis matter.
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19. 86) As a proximate and legal result of Defendants' negligence, Plantiffs have been compelled
to resort to litigation and therefore request an award of all consequential damages,
including, but not limited to, attorneys' fees and costs incurred in such litigation, in
amounts to be proven at time oftrial.
SIXTH CLAIM FOR RELIEF
(Negligent & Intentional Infliction of Emotional Distress - Defendants)
87) Plaintiffs repeat and incorporate all factual allegations within their Complaint.
88) While living at MCBH, Plaintiffs were routinely subjected to construction dust exposure
that impacted their quality of life at MCBH.
89) While living at MCBH, Plaintiffs routinely contacted dirt and soil at MCBH.
90) Plaintiffs have since learned that MCBH contained wide-spread pesticide contamination.
91) For example, although Defendants historically told residents it was safe to work and play
in their yards, Defendants now recommend that pets and children not be allowed to play in
the yard near the foundation ofthe original homes...that are unmarked.
92) When residents have asked for maps and other information that is supposed to be available
to confirm their homes are safe, however, Defendants have been neither willing nor able to
make such information available.
93) Despite actual knowledge of pesticide-contaminated soils at MCBH, Defendants provided
no warning to military families and intentionally and knowingly exposed Plaintiffs and
their families to increased health risks for cancer and other adverse health outcomes
without their knowledge and against their will.
94) Defendants' intentional, negligent and/or reckless conduct, acts, and om1ss10ns have
caused emotional distress by causing fear ofexposure to harmful pesticides.
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20. 95) Plaintiffs have further sustained damages as a result ofDefendants' conduct and missions,
which includes the overpayment of rent and future medical expenses and medical
monitoring oftheir health and the health oftheir family members.
96) Plaintiffs are entitled to all rights and remedies, which incudes their reasonable attorneys
fees and costs.
97) Because ofDefendants' conduct and omissions, it has been necessary for Plaintiffs to incur
expenses and other special damages in an amount to be proven at trial.
98) As a proximate and legal result of Defendants' acts and omissions, Plaintiffs have been
compelled to resort to litigation and therefore request an award of all consequential
damages, including, but not limited to, attorneys' fees and costs incurred in such litigation,
in amounts to be proven at time oftrial.
SEVENTH CLAIM FOR RELIEF
(Fraud by Omission & Express Statement-Defendants)
103) Plaintiffs repeat and incorporate all factual allegations within this Complaint.
104) Ohana MC expressly represents that the housing it provides is "safe and habitable" for
military families within its leases to military families.
105) Similarly, Forest City RM is responsible for managing MCBH housing and for providing
notification to residents under the lease on behalf of Ohana MC. 18 All statements and
representations made by Forest City RM are equally on behalf of Ohana MC because such
18 See, e.g. Ohana MC Lease Agreement at 4, ifl2 ("Owner is responsible for maintenance and repair of
the Premises, and for ensuring that the Premises are safe and habitable."); see also ifl (Forest City
Residential Management, Inc., is authorized to manage the Premises on behalfofOwner and to give an
accept notices.")
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21. statements are made under the scope of Forest City RM's agency in managing residential
housing at MCBH.
106) Forest City RM's Community Handbook is incorporated into all lease agreements and has
been provided to every military family from approx. 2006 to the present leasing residential
housing at MCBH with Ohana MC. The Community Handbook expressly states that
"[f]amilies can safely work and play in their yards," and that plants and vegetables can be
grown on-site for consumption. 19
107) Despite these representations, Defendants intentionally and knowingly omitted telling
military families that pesticide-contaminated soils had been confirmed at MCBH. Instead,
the Community Handbook only states that chlordane "may" be found.
108) Despite these representations, Defendants intentionally and knowingly omitted telling
military families that living at MCBH would result in exposure to elevated risks for cancer
and other adverse health outcomes.
109) Despite these representations, Defendants intentionally and knowingly omitted telling
military families that Defendants had decided it was acceptable to expose military families
to pesticide contamination in excess ofTier 1 EALs.
110) Despite their ongoing representations in the MCBH Community Handbook, Forest City
RM, on behalf of itself and Ohana MC, admitted in Spring 2014 that children and pets
should not be allowed to play in their yards and that families should not grow fruits or
vegetables in their yards if near the foundation of the pre-existing housing, which directly
contradicts the representations ofthe Community Handbook.
19 See, e.g. Forest City Residential Community Handbook Marine Corp Neighborhoods, at 16 and 17.
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22. 111) Ohana FC and Forest City RM have therefore committed fraud by omission against
military families by claiming they provide safe housing while omitting that pesticide-
contaminated soils had been confirmed at MCBH and that these soils pose increased health
risks for military families.
112) Ohana FC and Forest City RM have also committed fraud by express statement by telling
all military families in their leases that it is safe for families to work, play, and grow
gardens in their yards when this was not true.
113) Forest City RM directly participated in fraud against military families because it has been
aware that pesticide-contaminated soils were confirmed at MCBH, but repeatedly
represented within its Community Handbook that families can safely work and play in
their yards as well as grow gardens despite knowledge to the contrary. Similarly, despite
actual knowledge that pesticide-contaminated soils were confirmed at MCBH, Forest City
RM only states in its Community Handbook that chlordane "may'' be found.
114) Because it controls the Community Handbook, Forest City RM has repeatedly and
specifically authorized express misrepresentations to be made to military families and is
directly responsible for the content of its :fraudulent representations to military families at
MCBH. Similarly, by incorporation of the Community Handbook into its leases and by
utilizing Forest City RM as its agent, Ohana MC is responsible for the representations of
Forest City RM.
115) Plaintiffs have sustained damages as a result of Defendants' :fraudulent acts and omissions,
which includes the overpayment for rent, real estate sales commissions, property
management and maintenance services and future medical monitoring of their health and
the health oftheir family members.
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23. 116) Defendants' fraudulent conduct was willful, wanton, and/or grossly negligent of the
foreseeable consequences to Plaintiffs.
117) Defendants' fraudulent acts and omissions therefore justify an award of exemplary or
punitive damages in an amount to be proven at the trial ofthis matter.
118) Because of Defendants' :fraudulent acts and omissions, it has been necessary for Plaintiffs
to incur expenses and other special damages in an amount to be proven at trial.
119) Plaintiffs are entitled as the prevailing party to reasonable attorneys' fees and costs
required to pursue this action.
EIGHTH CLAIM FOR RELIEF
(Negligent Misrepresentation by Omission & Express Statement-Defendants)
120) Plaintiffs repeat and incorporate all factual allegations within their Complaint.
121) Per the terms of its residential lease with military families at MCBH, Ohana MC represents
that it will provide safe and habitable housing for military families.
122) Similarly, Forest City RM is responsible for managing MCBH housing and for providing
notification to residents under the lease on behalf of Ohana MC. 20 All statements and
representations made by Forest City RM are therefore equally on behalf of Ohana MC to
the extent such statements are made under the scope ofForest City RM's agency.
123) Forest City RM's Community Handbook, which is incorporated into all lease agreements
by Ohana MC and has been provided to every military family from approx. 2006 to the
present who has leased residential housing at MCBH, expressly states that "[f]amilies can
20 See, e.g. Ohana MC Lease Agreement at 4, '1[12 ("Owner is responsible for maintenance and repair of
the Premises, and for ensuring that the Premises are safe and habitable."); see also 'lfl (Forest City
Residential Management, Inc., is authorized to manage the Premises on behalfofOwner and to give an
accept notices.")
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24. safely work and play in their yards," and that plants and vegetables can be grown on-site
for consumption.21
124) Despite these representations, Ohana MC and Forest City have negligently failed to inform
military families that living at MCBH would result in exposure to elevated risks for cancer
and other adverse health outcomes.
125) Despite these representations, Oharra MC and Forest City have negligently omitted telling
military families that Defendants had decided it was acceptable to expose military families
to pesticide contamination in excess ofTier 1 EALs.
126) Despite these representations, Oharra MC and Forest City now acknowledge that gardens
should not be grown and children and pets should not be allowed to play in their yards near
the foundation ofthe pre-existing housing.
127) Despite knowledge that pesticide contaminated soils had been confirmed at MCBH,
Defendants' Community Handbook instead only states that chlordane "may" be found.
128) Defendants' claim that they would provide safe housing within their leases and that it is
safe to work, play, and use their yards while omitting that pesticide-contaminated soils
were confirmed at MCBH and that such soils pose increased health risks for military
families are negligent misrepresentations to Plaintiffs.
129) Oharra FC and Forest City RM have jointly participated in, approved, and directed this
tortious conduct and representations against military families.
130) Forest City RM drafts and controls the Community Handbook as well as controls and
directs virtually all representations to military families. Although Forest City RM
possessed knowledge that pesticide-contaminated soils had been confirmed at MCBH,
21 See, e.g. Forest City Residential Community Handbook Marine Corp Neighborhoods, at 16 and 17.
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25. Forest City RM's Community Handbook failed to disclose this fact and instead represented
that families can safely work, play and use their yards. Forest City RM has therefore
repeatedly participated in and authorized misrepresentations to military families and is
directly responsible for its misrepresentations to military families at MCBH.
131) Similarly, by incorporation of the Community Handbook into its leases and by utilizing
Forest City RM as its agent, Ohana MC is responsible for the conduct and representations
ofForest City RM as well as its own representations within its lease agreements.
132) Plaintiffs have sustained damages as a result of Defendants' negligent acts and omissions,
which includes, but is not limited to, the overpayment for rent, real estate sales
commissions, property management and maintenance services and for emotional distress.
133) Defendants' conduct was willful, wanton, and/or grossly negligent of the foreseeable
consequences to Plaintiffs.
134) Defendants' acts and omissions justify an award of exemplary or punitive damages in an
amount to be proven at the trial ofthis matter.
135) Because of Defendants' acts and omissions, it has been necessary for Plaintiffs to incur
expenses and other special damages in an amount to be proven at trial.
136) Plaintiffs are entitled as the prevailing party to reasonable attorneys' fees and costs
required to pursue this action.
NINTH CLAIM FOR RELIEF
(Unfair Competition- Defendants)
137) Plaintiffs repeat and incorporate all factual allegations within their Complaint.
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26. 138) Hawaii Revised Statutes § 480-2(a) provides, in relevant part: "Unfair methods of
competition ... in the conduct ofany trade or commerce are unlawful."22
139) The sale of residential leases by licensed real estate agents, the sale of insurance policies,
and the sale ofproperty management and maintenance services by professional residential
property management companies all constitute "any trade or commerce" within the
meaning ofHawaii Revised Statutes chapter 480.
140) Plaintiffs are "any person(s)" who have been "injured in the person's business or property
by reason of anything forbidden or declared unlawful by [HRS] chapter [480]," pursuant to
Hawaii Revised Statutes§ 480-13(a).
141) Hawaii Revised Statutes § 480-1 defines the term "purchase" or "buy" to include "contract
to buy", "lease", "contract to lease", "license" and "contract to license". The purchase of
"leases" falls within the conduct regulated by Hawaii Revised Statutes chapter 480.
a. The purchase of "leases" from licensed real estate agents falls within conduct
regulated by Hawaii Revised Statutes chapter 480.
b. The purchase of renter's insurance policies from licensed real estate agents falls
within conduct regulated by Hawaii Revised Statutes chapter 480.
c. The purchase of professional residential property management services falls
within conduct regulated by Hawaii Revised Statutes chapter 480.
142) By failing to provide notice to Plaintiffs about the existence, nature and extent ofpesticide
contamination at MCBH, Defendants engaged in unfair competition and enjoyed a
competitive advantage over other real estate agents, private landlords, property
22 HAW. REV. STAT. §480-2.
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27. management service providers, and insurance providers in the area who were competing
for BAH dollars.
143) Plaintiffs have sustained damages as a result of Defendants' unfair competition, which
includes the overpayment for rent, real estate sales commissions, property management
and maintenance services and future medical monitoring of their health and the health of
their family members.
144) As a proximate and legal result of Defendants' unfair competition, members have been
compelled to resort to litigation and therefore request an award of all consequential
damages, including, but not limited to, attorneys' fees and costs incurred in such litigation,
in amounts to be proven at time oftrial.
TENTH CLAIM FOR RELIEF
(Trespass)
145) Plaintiffs repeat and incorporate the above paragraphs herein.
146) During the relevant time period, Defendants' conduct repeatedly caused the release of dust
into the surrounding community and property in possession of Plaintiffs, which interfered
with Plaintiffs' ability to use and enjoy their homes.
147) Defendants are liable for the trespass of its construction into the community and onto the
property ofPlaintiffs.
148) Because of the invasion of dust onto Plaintiffs' property, it has been necessary for the
Plaintiffs to incur expenses and other special damages in an amount to be proven at trial.
149) Further, Defendants' conduct was undertaken with reckless disregard for the foreseeable
consequences to Plaintiffs. Indeed, despite knowledge of the hazards posed by its
construction operations, Defendants failed to take steps to prevent the release of
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28. construction dust into the community nor did it provide any adequate and timely warning
to Plaintiffs.
150) Defendants' reckless conduct therefore justifies an award of exemplary or punitive
damages in an amount to be proven at the trial ofthis matter.
151) As a proximate and legal result of Defendants conduct, Plaintiffs have been compelled to
resort to litigation and therefore request an award of all consequential damages, including,
but not limited to, attorneys' fees and costs incurred in such litigation, in amounts to be
proven at time oftrial.
ELEVENTH CLAIM FOR RELIEF
(Nuisance)
152) Plaintiffs repeat and incorporate the above paragraphs herein.
153) During the relevant time period, Defendants' conduct repeatedly caused the release of dust
into the surrounding community and property in possession of Plaintiffs, which interfered
with Plaintiffs' ability to use and enjoy their homes.
154) Defendants' repeated release of construction resulted m harm, inconvenience, and
unlawfully annoyed and disturbed the Plaintiffs' free use, possession, and enjoyment of
their property.
155) Defendants' construction operations during the relevant time period constituted a nuisance
to Plaintiffs.
156) Defendants are therefore liable for damages that are the legal and proximate result of the
nuisance created by their conduct.
157) Because of the invasion of dust onto Plaintiffs' property, it has been necessary for the
Plaintiffs to incur expenses and other special damages in an amount to be proven at trial.
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29. Heidi Stubbs, pursuant to Rule 38 of the Hawaii Rules of Civil Procedure, by and through their
undersigned counsel, hereby demand trial by jury on all issues triable herein.
Dated: Honolulu, Hawai'i, this 27th day ofOctober 2016.
Pfts-~L
Terrance M. Revere
Attorneysfor Plaintiffs
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30. STATE OF HAWAl'I
CIRCUIT COURT
OF THE FIRST CIRCUIT
PLAINTIFF,
SUMMONS
CASE NUMBER CIVIL
TO ANSWER CIVIL COMPLAINT
16-1-2018-10
vs. DEFENDANT.
Luis and Julie Ochoa, Tyler and Amanda Newell,
Steven and Julia Martin, Marques and Nicole
Farmer, Bryan and Dylan Austin, Antwuan and Ines
Chandler, Damian Romanelli and Candace Duhon,
Danial and Alana Stagg, Justin and Caroline
Stephens, Paul and Heidi Stubbs,
Ohana Military Communities, LLC; Forest City
Residential Management, Inc.; and DOE
Defendants 1-1 0
PLAINTIFF'S ADDRESS (NAME, ADDRESS, TEL. NO.)
P. Kyle Smith
970 N. Kalaheo, Ste. A301
Kailua, Hawaii 96734
(808) 791-9555
TO THE ABOVE-NAMED DEFENDANT(S)
You are hereby summoned and required to file with the court and serve upon
plaintiff's attorney, whose address is stated above, an answer to the complaint which is herewith
served upon you, within 20 days after service of this summons upon you, exclusive of the date of
service. Ifyou fail to do so, judgment by default will be taken against you for the relief demanded
in the complaint.
TIDS SUMMONS SHALL NOT BE PERSONALLY DELIVERED BETWEEN
10:00 P.M. AND 6:00 A.M. ON PREMISES NOT OPEN TO THE GENERAL
PUBLIC, UNLESS AJUDGE OFTHE ABOVE-ENTITLED COURT PERMITS,
IN WRITING ON THIS SUMMONS, PERSONAL DELIVERY DURING
THOSE HOURS.
A FAILURE TO OBEY THIS SUMMONS MAY RESULT IN AN ENTRY
OF DEFAULT AND DEFAULT JUDGMENT AGAINST THE DISOBEYING
PERSON OR PARTY. ~
~
DATE ISSUED CLERK ~C.'' .' C'c)''
°' i.'
OCT 28 2016 N. ANAYA ( ~ SEAL ~)
~~
I do hereby certify that this is full, true, and correct copy
of the original on file in this office
Circuit Court Ci!!!r"
•
In accordance with the Americans with Disabilities Act and other applicable state and federal laws, if you require a reasonable
accommodation for a disability, please contact the ADA Coordinator at the First Circuit Court Administration Office at PHONE NO.
539-4333, FAX 539-4322, or TTY 539-4853, at least ten (10) working days prior to your hearing or appointment date.
Reprographics (07/11) RevaComm 508 Certified SUMMONS TO ANSWER CIVIL COMPLAINT 1C-P-787