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KNG CORP. v. KIM

No. 25038.

110 P.3d 397 (2005)

107 Hawai`i 73

KNG CORPORATION, Plaintiff-Appellee v. Carol KIM and Polo Trading, Inc., Defendants-Appellants.

Supreme Court of Hawai`i.

Reconsideration Denied May 6, 2005.

Attorney(s) appearing for the Case

Gary Victor Dubin, Honolulu, for defendants-appellants.

Carolyn Schnack (Paul M. Dold on the brief), for plaintiff-appellee.

Dorothy Sellers, Deputy Attorney General, on the brief, for Amicus Curiae State of Hawai'i.

MOON, C.J., LEVINSON, NAKAYAMA, ACOBA, JJ., and Intermediate Court of Appeals Chief Judge BURNS, assigned by reason of vacancy.

Opinion of the Court by ACOBA, J.

We hold that, before ordering that a rent trust fund pursuant to Hawai'i Revised Statutes (HRS) § 666-21 (1993) be established, the district court of the first circuit (the court) should have held a hearing on the claim of Defendant-Appellant Carol Kim (Defendant), as tenant of outdoor spaces rented to her by Plaintiff-Appellee KNG Corporation (Plaintiff), that she was not allowed to...

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