Cedillos v. MasumotoAnnotate this Case
This case involved a dispute between Landlord and Tenant. Landlord served a forty-five-day eviction notice on Tenant stating that the lease would be terminated, but Tenant refused to leave the premises. Tenant filed a complaint alleging claims for, inter alia retaliatory eviction, and fraudulent misrepresentation. Landlord filed a motion for leave to file a summary possession counterclaim. The district court granted the motion. After a trial, the district court entered a judgment for possession and writ of possession in favor of Landlord. The Intermediate Court of Appeals (ICA) affirmed. The Supreme Court vacated the ICA’s judgment on appeal and vacated the district court’s judgment for possession and writ of possession, holding (1) the ICA erred in affirming the district court’s judgment for possession and writ of possession based on the forty-five-day notice to vacate because when Landlord issued to Tenant the forty-five-day notice to vacate, Haw. Rev. Stat. 521-74(a) rendered the notice ineffective; (2) there were no grounds to remove Tenant based on a failure to pay rent; and (3) the ICA erred in determining that the district court did not prevent Tenant from fully presenting evidence for the court’s consideration on the issue of summary possession.