LEE CHING v. LOO DUNG

NO. CAAP-16-0000845.

446 P.3d 1016 (2019)

Donna LEE CHING, Plaintiff-Appellant/Cross-Appellee, v. Nancy LOO DUNG, individually, and as Trustee under that certain unrecorded Nancy Loo Dung Revocable Living Trust dated September 8, 1993; The Estate of Dennis Quan Keong Dung, deceased, as Trustee under that certain unrecorded Irrevocable Trust for Dixon Quan Hon Dung, dated June 21, 1995, and as Trustee under that certain unrecorded Nancy Loo Dung Revocable Living Trust dated September 8, 1993; Patsy Bow Yuk Dung, individually, and as Trustee under that certain unrecorded Revocable Trust Agreement dated August 19, 2003; Dixon Quan Hon Dung; Billie Dung; Annette Kwai Fah Dung; Denby Dung; Darah Dung; Dean Dung, Defendants-Appellees/Cross-Appellants, and 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. Donna Lee Ching, Individually, Plaintiff-Appellant/Cross-Appellee, v. Annette Kwai Fah Dung, Personal Representative of the Estate of Dennis Quan Keong Dung; Patsy Bow Yuk Dung, Trustee of the Revocable Trust of Patsy Bow Yuk Dung dated August 19, 2003; Annette Dung, Individually; Billie Dung, Individually; Darah Dung, Individually; Dean Dung, Individually; Denby Dung, Individually, Defendants-Appellees/Cross-Appellants, and John Does 1-10; Jane Does 1-10; Doe Trustees 1-10; Doe Corporations 1-10; Doe Partnerships 1-10; Doe Limited Liability Companys 1-10; and Doe Entities 1-10, Defendants.

Intermediate Court of Appeals of Hawai`i.

August 15, 2019.


Attorney(s) appearing for the Case

On the briefs:

Terrance M. Revere , Honolulu, Malia R. Nickison-Beazley , (Revere & Associates), Kailua, for Plaintiff-Appellant.

Jonathan L. Ortiz , Wade J. Katano , Christine S. Prepose-Kamihara , (Ortiz & Katano), Honolulu, for Cross-Appellee.

Ronald Shigekane , (Chong, Nishimoto, Sia, Nakamura, & Goya), and David J. Minkin , Jesse J.T. Smith , (McCorriston Miller Mukai MacKinnon LLP), Honolulu, for Defendants-Appellees/Cross-Appellants.

FUJISE, PRESIDING JUDGE, LEONARD AND REIFURTH, JJ.


This case stems from a dispute between neighbors over an easement, which escalated into a variety of incidents of alleged wrongful conduct by each side against the other. This appeal raises numerous issues, and we conclude that the trial court erred in a number of instances and this case must be remanded for a...

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