Automated Summary
Key Facts
Newtown Estates Community Association sued Walk the Good Life, LLC for alleged violations of the Master Declaration of Covenants, Conditions and Restrictions in the planned community. Despite multiple attempts to serve process at addresses associated with Good Life's registered agent, Trina M.T. Chun, including certified mail and publication, service was unsuccessful. The Circuit Court granted default judgment in favor of the Association on February 27, 2024, awarding $20,000 in attorney fees. On appeal, the court affirmed the default and judgment, finding proper service was achieved under HRS §§ 634-23 and 634-36(b).
Issues
- The second issue involves the court's grant of the Association's motion for default or summary judgment. The court approved injunctive relief to enforce compliance with the Master Declaration and awarded $20,000 in attorney fees. Good Life did not challenge the merits of the judgment or the injunctive relief, focusing solely on procedural grounds.
- The third issue pertains to the court's decision to award $20,000 in attorney fees to the Association. Good Life made no argument disputing the fee award, and the court affirmed it as part of the February 2024 judgment.
- The first issue concerns the Circuit Court's denial of Good Life's motion to set aside the entry of its default. The court determined that service was properly completed through certified mail to multiple addresses and subsequent publication under HRS § 634-36(b). Good Life argued the service address was incorrect but failed to demonstrate that the default should be set aside for 'good cause' under Chen v. Mah. The court affirmed the default entry as proper.
Holdings
The court affirmed the Circuit Court's judgment for Newtown Estates Community Association, holding that service by certified mail and publication was valid under HRS §§ 634-23 and 634-36(b). The court concluded that the default entry against Walk the Good Life, LLC was proper, and the injunctive relief and $20,000 attorney fee award were upheld.
Remedies
- The court awarded the Association $20,000 in attorney fees
- The court granted injunctive relief as requested by the Association
Legal Principles
The court applied Hawaii Revised Statutes (HRS) § 634-23 and § 634-36 to determine the validity of service by certified mail and publication. Service by publication was upheld as proper after multiple failed attempts at personal or mail service, and the default judgment was affirmed as compliant with statutory requirements.
Precedent Name
- Wagner v. World Botanical Gardens, Inc.
- Chen v. Mah
Cited Statute
Hawaii Revised Statutes
Judge Name
- Keith K. Hiraoka
- Kimberly T. Guidry
- Clyde J. Wadsworth
Passage Text
- On this record, we conclude that the Circuit Court did not err by granting the Association's motion to serve Good Life by certified mail and, when service by mail was unsuccessful, granting the motion to serve by publication. Service by publication was accomplished in accordance with HRS § 634-36(b). Entry of Good Life's default was proper.
- HRS § 634-23 (2016) provides, in relevant part: Where an action or proceeding involves or concerns any property within the jurisdiction of a circuit court: (2) If a defendant is unknown or does not reside within the State or if, after due diligence, the defendant cannot be served with process within the State, and the facts shall appear by affidavit to the satisfaction of the court, it may order that service be made as provided by section 634-24 or by publication as may be appropriate; provided that service by publication shall not be valid unless it is shown to the satisfaction of the court that service cannot be made as provided by section 634-24.