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LATHROP v. SAKATANI

No. 27472.

141 P.3d 480 (2006)

Naoto LATHROP and Glenn Nobuki Murakami, individually and as members of Kiwi Kahala Llc, a Hawai`i limited liability company, and on behalf of Kiwi Kahala Llc, a Hawai`i limited liability company, Plaintiffs-Appellants, v. Michael David SAKATANI, individually and as a member of Kiwi Kahala Llc, a Hawai`i limited liability company, and as the controlling person of 808 Development Llc, a Hawai`i limited liability company; Michael David Sakatani and Christine Marie Sakatani, as husband and wife; and 808 Development Llc, a Hawai`i limited liability company, Defendants-Appellees, and Title Guaranty Escrow Services, Inc., a Hawai`i corporation, as third-party Account Holder of Escrow No. A4-105-0047, established pursuant to that certain Account Control Agreement, dated February 6, 2004; John Does 1-10; Jane Does 1-10; Doe Partnerships 1-10; Doe Corporations 1-10; Doe Entities 1-10; and Doe Governmental Units 1-10, Defendants.

Supreme Court of Hawaii.

August 21, 2006.

Attorney(s) appearing for the Case

Gary Victor Dubin, Honolulu, on the briefs, for plaintiffs-appellants.

Karin L. Holma, Honolulu, and Amara Harrell (of Bays, Deaver, Lung, Rose & Baba), on the briefs, for defendants-appellees.

MOON, C.J., LEVINSON, ACOBA, and DUFFY, JJ.; and Circuit Judge Graulty, in Place of NAKAYAMA, J., Recused.

Opinion of the Court by MOON, C.J.

The instant appeal is narrowly confined to whether the plaintiffs-appellants Naoto Lathrop and Glenn Nobuki Murakami [hereinafter, collectively, the plaintiffs], members of Kiwi Kahala LLC (Kiwi Kahala), are entitled to record a lis pendens (i.e., a notice of an action pending against real property)1 on 4908 Kahala Avenue, Honolulu, Hawai`i (the Kahala property or the property), formerly...

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