Kalima, et al. v. State of Hawai‘i

Civil No. 99-4771-12, First Circuit Court, State of Hawai'i

Welcome to the informational website for the Kalima v. State of Hawai‘i class action lawsuit. 

This case was filed in 1999 on behalf of the 2,700 Hawaiian Homes Commission Act (HHCA) beneficiaries who filed claims with the Native Hawaiian Claims Panel ("HCO Panel") between 1991 and 1995.  Only those people who filed claims with the HCO 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.

Recent Announcements

  • Update
    Aloha - For the past year, we have been compiling and reviewing approximately 4,000 application and award files to obtain evidence necessary to compute damages for the Waiting List Subclass members.

    This has been a long and detailed process and we appreciate your patience as we continue to work toward a resolution of your case.

    We will be updating our website in the next few weeks to include all of the pleadings filed in the last several months.

    Thank you for your continued support.

    Posted Jun 27, 2016, 5:27 PM by Vivien Akiyama
  • Results of June 30, 2015 9:30 a.m. Hearing
    Plaintiffs' motion for partial summary judgment was heard by Judge Virginia Crandall on June 30, 2015 at 9:30 a.m.  The Court hearing lasted over two hours.

    A copy of the motion is located on the Important Documents page or you can click here.

    The motion for summary judgment involved decision-making for twelve individual Waiting List Subclass members.  The most important issues raised by the motion were as follows:

    1)    Establishing the application and award dates for the twelve Subclass Members.

    2)    Deciding whether an orientation letter sent to beneficiaries for homestead offerings cut off damages if the beneficiary does not respond or participate in the offering.

    Plaintiffs argued that the orientation letters were not "offers" of actual homesteads because they were simply notices of potential homesteads available to financially qualified beneficiaries.  Defendants argued that the sending of the orientation should stop damages if the beneficiary failed to participate in the application process.

    The Court rejected both Plaintiffs and Defendants arguments and instead ruled that the orientation letters suspend damages from the mailing of the deferral letter until the first homestead lease is signed for that offering.

    The Court also rule that Native Hawaiian Qualification (NHQ) can be established at any time during the class period.

    As of September 11, 2015, Plaintiffs and Defendants are attempting to reach agreement on an order conforming to the judge's verbal ruling.

    A copy of the transcript containing the judge's ruling is available here.https://drive.google.com/file/d/0BxTdYPR6vv8SZDZpVjNmbS1wM0U/view?usp=sharing

    Posted Sep 11, 2015, 5:50 PM by Vivien Akiyama
  • Updates on the case
    File Review Project
    We are currently reviewing the application and award files for each class member to confirm their application and/or award date. The State has transferred 1,000+ digital files to us so far and will continue to do so until we have all application and award files for review.  

    Status Conferences
    Attorneys for Plaintiffs and Defendants continue to meet with Judge Crandall for a status conference about every two weeks.  The purpose of these status conferences is to ensure that the case is moving forward and, if possible, to resolve issues in an expedited manner.  Status conferences are not open to the public.  However, the status conference memos have been uploaded to the Important Documents page for you information.

    Minute Order filed on November 17, 2014
    Judge Crandall ruled that all class members are members of the waiting list subclass.  Defendants filed a motion on August 22, 2014 asking the court to find that damages for out of pocket loss may only be made to those who submitted timely claims for waiting to the Hawaiian Home Lands Trust Individual Claims Review Panel.  Judge Crandall denied Defendants’ motion on November 17, 2014.

    Trial Order filed on October 7, 2014
    The trial to determine the annual fair market rental value to be used to calculate damages for claimants who applied for Oahu residential leases was from September 30, 2013 through October 2, 2013.  The court ruled that the “Best Fit” model will be used to determine the fee simple values to calculate annual fair market rental values.  This model comprises (1) annual rental values based on four percent of the fee simple value of the land area of a 5,000 square foot lot in Maili for any given year, (2) rents adjusted annually, and (3) a “best fit” model derived from actual fee simple Maili valuations from 1959 through July 8, 2013; and (4) no increases for the consumer price index (CPI) or present value adjustment.  More information about the Best Fit model can be found in Defendants’ post-trial memo, click here. 

    Hearing on September 9, 2014
    Motion filed by Plaintiffs and Defendants to clarify certain deferral orders came before the court during this hearing. Judge Crandall ruled that the previous orders reflect the Court’s ruling and declined to clarify the orders.  Plaintiffs plan to file motions for summary judgement to resolve undisputed issues.  

    Plaintiffs’ Motion to Adopt Damages Trial Plan for Resolution of Oahu Waiting List Subclass Damages Claims and for Appointment of Discovery Master and Special Master also came before the court in the September 9 hearing.  Judge Crandall granted Plaintiffs’ request that Defendants pay fees and costs of the special master at this time in the process.  The special master will decide disputed factual issues after the court considers our motion for summary judgment.  The Court denied Plaintiffs’ request that Defendants pay for the expenses of a discovery master at this time. 
    Posted Nov 25, 2014, 5:14 PM by Vivien Akiyama
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