Kalima, et al. v. State of Hawai‘i, et al. Civil No. 99-4771-12 Welcome to the informational website for the Kalima v. State of Hawai‘i class action lawsuit. This website was created as a central site for the claimants and the public to get updates on the case, documents, and obtain information. We will update this website as the case progresses and we receive new information.
This case was filed on behalf of the 2,700 people who filed claims with the Native Hawaiian Claims Panel ("Panel") between 1991 and 1995. Only those people who filed claims with the Panel between 1991 and 1995 are a part of this lawsuit. More information can be found on the Frequently Asked Questions page.
If you have a potential lawsuit involving other Native Hawaiian issues, please call the Native Hawaiian Legal Corporation at (808) 521-2302.
HISTORY OF THE CASE
Governor's Task Force
In 1988, Governor John Waihee adopted task force recommendations to resolve breach of trust claims by Native Hawaiians against the State of Hawai‘i in the administration of the Hawaiian Homelands program. This process resulted in the establishment of a Hawaiian Claims Office Individual Claims Panel (“Panel”) in 1991 pursuant to the requirements of Hawaii Revised Statues Chapter 674. See a copy of HRS Chapter 674 on the Important Documents page.
Under Chapter 674, Native Hawaiians who alleged a breach of trust in the management and disposition of trust resources between 1959 and 1988 were entitled to pursue their claims for breach of trust administratively and judicially. Because the Panel did not complete its work by 1999, the Legislature extended its existence for one year. However, that bill was vetoed by the governor.
The termination of the Panel operations left the beneficiaries in a classic “Catch-22.” In order to file a claim in Circuit Court, the claimants had to reject Legislative action taken on their claims. However, the Legislature had taken action on only one of the 4,000 plus claims filed by the 2,721 claimants.
Lawsuit Filed in 1999
A lawsuit brought by beneficiaries of the Hawaiian Home Lands trust was filed in Circuit Court on December 29, 1999. Under Chapter 674, the lawsuit could only be filed on behalf of beneficiaries who filed claims with the Panel by August 31, 1995. The case was titled Kalima v. State of Hawai‘i. In June 2000, Judge Victoria Marks certified Count I of the Complaint as a class action and ruled in Plaintiffs’ favor that they had a right to sue for breaches of trust in circuit court. See Judge Marks' Order on the Important Documents page. The State filed their notice of appeal on December 20, 2001. Hawai‘i Supreme Court Ruling
On June 30, 2006, six years after Judge Marks certified Count I of the Complaint, the Hawai‘i Supreme Court ruled that claimants have the right to sue for monetary damages in Circuit Court for breaches of trust that occurred between 1959 and 1998. See Hawaii Supreme Court Ruling on the Important Documents page.
Subclass Certification
After the Supreme Court ruling in 2006, the Plaintiffs amended their complaint to pursue the claims on a subclass wide basis. See Second Amended Complaint on Important Documents page.
Plaintiffs then moved to certify five subclasses to make the case more manageable. Judge Marks certified five subclasses: Waiting List, Ultra Vires, Uninhabitable Awards, Lost Application, and Successor Rights. Subclass 1, Waiting List, is by far the largest of the subclasses, including almost all of the class members. See Order Granting Plaintiffs' Motion for Class Certification on Liability for Subclass 1 Through 4 and 6 Filed March 20, 2007 on the Important Documents page.
Trial
The trial for the liability portion of Subclass 1, Waiting List, started on August 4, 2009. The trial ended on September 11, 2009. Approximately three weeks later, on November 3, 2009, Judge Eden Hifo rendered her written decision and ruled that the State of Hawaii breached its trust obligations and was liable for the delays in receiving homesteads by the beneficiaries. See Decision Regarding Liability and Legal Causation Following Trial on the Important Documents page.
Judge Hifo retired at the end of 2009 and we are waiting for assignment of a new Judge.
We are currently working on the damages portion of the case and will file a motion to certify the Waiting List damages claims as a class action. If the case is not certified as a damages class, the Court will have to consider each of the 2,700 claims individually.
For more information, see the Frequently Asked Questions page.
Toll-free number: (888) 901-4564
For more information, please go to the Contact Us page and submit a request for more information. |
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Recent Announcements
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Results of March 25, 2013 Hearing
Judge Crandall heard Plaintiffs' Motion for Certification of Damages Class, Appointment of Special Master and Claims Administrator and for Payment of Special Master, Claims Administrator and Related Costs filed on January 7, 2013. Click here to view the motion. In their motion, Plaintiffs asked the Court to certify the Waiting List Subclass to include the amount of damage and asked the Court to appoint a special master, a private person to assist the Court in making damages decisions. The State opposed the motion and asked that individual trials be set for each class member. Judge Crandall said that she was inclined to certify the damages class, but because two of the class representatives have passed away (James Akiona and Caroline Bright), she would delay her ruling until the representatives are replaced. The Court also ruled that referral to a Special Master was premature since there are additional legal rulings that must be made, including the Fair Market Rental Value of homestead lots that were not awarded to class members. NEXT STEP: Plaintiffs will be filing a motion to substitute new class representatives for the Waiting List Subclass. Judge Crandall will be meeting with counsel to discuss the outstanding legal issues that must be decided before the Court decides whether to refer the case to a Special Master. Class Counsel will request that the Court set a briefing schedule to resolve all outstanding legal issues. |
Posted Mar 26, 2013, 6:51 PM by Vivien Akiyama
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Next Hearing: March 25, 2013
Courtroom 11 4th Floor First Circuit Court 777 Punchbowl Street Honolulu, Hawaii 96813 Plaintiffs and Defendants' motions regarding a special master will be heard at this hearing. Click here to view Plaintiffs' Motion for Certification of Damages Class, Appointment of Special Master and Claims Administrator and for Payment of Special Master, Claims Administrator and Related Costs filed on January 7, 2013. We appreciate your support and ask that you attend the hearing if you are able to. Please understand that the above date is what has been scheduled at this time and is subject to change at anytime. We ask for your patience and understanding if the above date is changed. We will try to inform you via this website and the toll-free number of any changes to the schedule as soon as we can. |
Posted Mar 18, 2013, 1:48 PM by Vivien Akiyama
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Posted Feb 11, 2013, 1:31 PM by Vivien Akiyama
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Results of August 31, 2012 Hearing
Judge Crandall heard four hours of oral argument on motions by the State to limit damages for Waiting List Class members and by us on our motions and oppositions to the State’s positions.
The court ruled on two motions by plaintiffs and twenty-one proposals by defendants. As a whole, the court’s rulings are favorable to our positions. Among other things, the court ruled that a beneficiary’s financial qualification for a homestead award does not limit the beneficiary’s ability to receive an award of damages. The court also ruled that the period of damages stops in the case where a class member refused the offer of a homestead award. An interest letter or notice of offering will not cut off damages. In addition, the court ruled that the State has the burden to prove that any class member failed to take steps to minimize their damages.
The court did not rule on the method of computing damages. The court took under advisement whether damages will be measured by our method, which is the fair market rental value of an improved lot, or the by the State’s method, which asks the court to limit the claims to money actually spent by class members on alternative land. The court will decide which method will be used without further argument.
The next step is for the court to approve a written order describing the rulings she made on August 31, 2012. We will be meeting with Judge Crandall in late September to address the issues still be to decided on the damages formula. We will keep you informed of the next developments. Overall, we feel that the rulings yesterday were positive.
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Posted Sep 2, 2012, 6:31 PM by Vivien Akiyama
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Next Hearing Date: August 31, 2012
Next Hearing Date: August 31, 2012, 9:30 am:
Courtroom 11
4th Floor
First Circuit Court
777 Punchbowl Street
Honolulu, Hawaii 96813
This hearing was originally scheduled for July 31, 2012 at 9:30 am and then rescheduled to August 6, 2012 at 1:30 pm.
The hearing on August 6, 2012 was rescheduled and we apologize for not posting the change of date in time. We know that some of you went to Circuit Court for the hearing and we deeply apologize for the inconvenience and trouble this caused you.
The hearing on August 31 will be to decide the following motions filed on February 10, 2012:
1. Plaintiffs' Motion for Partial Summary Judgment on Financial Qualification Requirements Imposed on Beneficiaries Seeking Homestead Awards;
2. Plaintiffs' Motion for Partial summary Judgment that "Deferred Status" Imposed by DHHL is Not a Bar to Damages in This Case…;
3. Defendants' Motion for Adoption of Specific Rules to Govern Computation of Damages (Part 1); and
4. Defendants' Motion for Adoption of Specific Rules to Govern Computation of Damages (Part 2).
We appreciate your support and ask that you attend the hearing if you are able to.
Any additional motions will be filed by August 13, 2012. The hearing for these motions will also be heard on August 31.
The trial for the damages portion of this case has been scheduled to start on March 4, 2013.
Please understand that the above dates are what has been scheduled at this time and are subject to change at anytime. We ask for your patience and understanding if any of the above dates are changed. We will try to inform you via this website and the toll-free number of any changes to the schedule as soon as we can.
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Posted Aug 6, 2012, 11:16 PM by Vivien Akiyama
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