In a recent ruling, the Hawaii Intermediate Court of Appeals denied a motion for reconsideration filed by Hawaii City Plaza LP and Hawaii Ocean Plaza LP. This decision affects multiple plaintiffs involved in a complex civil case related to a settlement agreement. The court's ruling clarifies the enforceability of the settlement terms and the obligations of the parties involved.
The case, Hasegawa v. Fang (CAAP-23-0000400), involves numerous plaintiffs, including Naomi Hasegawa, Atsushi Morita, and others, who are in a legal dispute with several defendants, including Zhong Fang and USA Realty Construction Group Inc. The plaintiffs initially sought to enforce a settlement agreement that had been reached in a previous case. However, the defendants challenged the enforcement of this agreement, leading to a series of legal motions and appeals.
Background
The plaintiffs in this case are a group of individuals who have come together to address their grievances against the defendants, which include various individuals and companies involved in real estate and investment. The dispute centers around the enforcement of a settlement agreement that was reached in a previous legal matter. The plaintiffs argue that the defendants breached the terms of this agreement, while the defendants contend that the plaintiffs also violated certain clauses.
The case reached the Hawaii Intermediate Court of Appeals after the Circuit Court of the First Circuit issued an amended order enforcing the settlement agreement. This order was contested by the defendants, leading to their motion for reconsideration, which was filed on May 19, 2026. The defendants sought to have the appellate court vacate the previous ruling and remand the case for further proceedings regarding the alleged breaches of the settlement agreement.
The Ruling
In its ruling, the Hawaii Intermediate Court of Appeals, led by Chief Judge Karen T. Nakasone and Associate Judges Katherine G. Leonard and Clyde J. Wadsworth, denied the defendants' motion for reconsideration. The court stated, "The appellate court cannot consider matters outside the record which could not have been considered by the trial court at the time its judgment was rendered." This ruling reinforces the principle that appellate courts are limited to the records and evidence presented in the lower courts.
The court emphasized that the defendants' request to introduce new evidence regarding a pending lawsuit was not permissible under Hawaii law. The court referenced Hawai‘i Revised Statutes § 641-2(b), which prohibits the introduction of new evidence on appeal. Consequently, the court upheld the lower court's decision to enforce the settlement agreement.
Impact
This ruling has significant implications for the parties involved in the case. By denying the motion for reconsideration, the court has reinforced the validity of the settlement agreement and the obligations of the parties under its terms. This decision may also set a precedent regarding the enforceability of settlement agreements in similar cases, particularly in terms of what evidence can be considered during appeals.
The ruling may impact how parties approach settlement agreements in the future, as it highlights the importance of adhering to the terms agreed upon and the limitations of introducing new evidence after a decision has been made. The plaintiffs, who are seeking to enforce the settlement, may now proceed with their claims against the defendants, while the defendants must comply with the court's ruling.
What's Next
While the defendants have the option to appeal this ruling to a higher court, it remains to be seen whether they will pursue that route. The case continues to unfold, and additional related cases may also be pending in the lower courts. Details were not available in the court filing regarding any potential next steps by the parties.











