CITY BANK v. SAJE VENTURES II

No. 11985.

748 P.2d 812 (1988)

CITY BANK, Plaintiff-Appellee, v. SAJE VENTURES II, Edwin Y. Fujinaga, Andrea Fujinaga, Saul Tanzman, Joy Tanzman, ASF, Inc., a Hawaii corporation, SJT, Incorporated, a Hawaii corporation, CHO Enterprises, Limited, a Hawaii corporation, Domain Corporation, a Hawaii corporation, and Inter-Time Joint Venture, a Hawaii general partnership, Defendants-Appellants, and William K.M. CHEE, Trustee in Bankruptcy for Waikiki Hobron Associates, Charles Pankow Associates, Rizalino R. Vicente, Director of Finance, City and County of Honolulu, Z-R Corporation, a Hawaii corporation, John Does 1-50, Jane Does 1-50, Doe Partnerships 1-50, Doe Corporations 1-50, Doe Entities 1-50, and Doe Governmental Units 1-50, Defendants, and Charles Pankow Associates, Defendant Cross-Claimant, v. Rizalino R. VICENTE, Director of Finance, City and County of Honolulu, John Roes 1-10 and Roe Partnerships, Corporations, Governmental Units and Other Units 1-20, Additional Cross-Claim Defendants, and Philip John Cascavilla, Intervenor.

Intermediate Court of Appeals of Hawaii.

January 14, 1988.


Attorney(s) appearing for the Case

Mary Blaine Johnston (Boyce R. Brown, Jr. with her on briefs; Brown, Johnston & Day, of counsel), Honolulu, for defendants-appellants.

John A. Chanin (Dennis W. Jung with him on brief; Law Offices of John A. Chanin, of counsel), Honolulu, for plaintiff-appellee.

Before HEEN, Acting C.J., TANAKA, J., and Circuit Judge RONALD B. GREIG, in place of BURNS, C.J., Recused.


TANAKA, Judge.

This is a mortgage foreclosure action in which defendant-mortgagor Saje Ventures II (Saje), a general partnership, its general partners, the guarantors, and others (collectively the Saje Defendants)1 appeal from the order confirming the commissioner's (Commissioner) public auction sale of the land and a multi-story condominium building thereon in Waikiki (the Property) to Outrigger Hotels Hawaii (Outrigger) for

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