The Garden Island
Notice #: 0000999353-01
Summons

CIVIL NOS. 08-01-0379, 08-01-0380, 08-01-0381 (CONSOLIDATED ACTION) IN THE CIRCUIT COURT OF THE THIRD CIRCUIT STATE OF HAWAII SUMMONS STATE OF HAWAII: TO: IN CIVIL NO. 08-01-0379: HEIRS AND/OR DEVISEES OF HEIRS AND/OR DEVISEES OF KIPA (k); HEIRS AND/OR DEVISEES OF BOAKA (k), also known as J. BOAKA OPIO, JR.; HEIRS AND/OR DEVISEES OF KAUI (k), also known as FRANK KAUI (k); HEIRS AND/OR DEVISEES OF JOKEPA KAUI (k), also known as JOSEPH POAKA KAUI (k); HEIRS AND/OR DEVISEES OF BOAKA KAUI (k), also known as FRANK KAUI, JR.; HEIRS AND/OR DEVISEES OF HAUA (w), and the heirs, assigns and devisees of such person who are deceased, or persons holding under said heirs, and spouses, assigns, successors, personal representatives, executors, administrators, and trustees of such persons who are deceased, and all other unknown persons or entities claiming any right, title, estate, lien or interest in the real property described herein. YOU ARE HEREBY NOTIFIED that Plaintiff ALLEN F. DIEMERT claims fee simple ownership to all of that certain parcel of land (being all of the land(s) described in and covered by Royal Patent Number 3206, Land Commission Award Number 6946 to Kipa), situate at Waiohinu, District of Ka’u, Island, County and State of Hawaii, being a portion of TMK No. (3) 9-5-005:013, containing an area of 4.65 acres, more or less. IN CIVIL NO. 08-01-0380: HEIRS AND/OR DEVISEES OF KANEWA (k); HEIRS AND/OR DEVISEES OF SARAH MARTIN THOMPSON; HEIRS AND/OR DEVISEES OF KEAWEHANO (k); HEIRS AND/OR DEVISEES OF KAIMI POLOHAU KAHULA (w); HEIRS AND/OR DEVISEES OF JAMES KAHULA; KII KALEHUA (w); JACK NALUAHI KAHULA; AGNES NALUAHI; IOBA KAHULA; HEIRS AND/OR DEVISEES OF MOSES KIPU KAHULA; HENRY KAHULA, SR.; DENNIS AIONA KAHULA; ROSE MARIE MOKIHANA KAHULA; HEIRS AND/OR DEVISEES OF WAYNE KALEIALOHA KAHULA; MARY ANN KAHULA, and the heirs, assigns and devisees of such person who are deceased, or persons holding under said heirs, and spouses, assigns, successors, personal representatives, executors, administrators, and trustees of such persons who are deceased, and all other unknown persons or entities claiming any right, title, estate, lien or interest in the real property described herein. YOU ARE HEREBY NOTIFIED that Plaintiff ALLEN F. DIEMERT claims fee simple ownership to all of that certain parcel of land (being all of the land(s) described in and covered by Royal Patent Number 6473, Land Commission Award Number 9218, Apana 1 to Kanewa) situate at Waiohinu, District of Ka’u, Island, County and State of Hawaii, being a portion of TMK No. (3) 9-5-005:013, containing an area of 2.25 acres, more or less. IN CIVIL NO. 08-01-0381: HEIRS AND/OR DEVISEES OF KEKUA (k); HEIRS AND/OR DEVISEES OF KALUAAPANA (w), also known as KALUA APANA (w); HEIRS AND/OR DEVISEES OF KUHEA (w); HEIRS AND/OR DEVISEES OF KANEHOA (w); HEIRS AND/OR DEVISEES OF IHUPUU (w); HEIRS AND/OR DEVISEES OF KEALOHA (k); HEIRS AND/OR DEVISEES OF KAMEHAIKANA (k); HEIRS AND/OR DEVISEES OF MALIA (w); HEIRS AND/OR DEVISEES OF MAKAALAWA (k); EDITH KEKAUOHA KANINAU; LILLIAN KEKAUOHA KUPAHU; HEIRS AND/OR DEVISEES OF ETHAN KAILIPOLOHILANI KEKAUOHA; HEIRS AND/OR DEVISEES OF ALVIN NALEHUAMAKAOELULUPALI KEKAUOHA; HEIRS AND/OR DEVISEES OF WARREN K. KEKAUOHA; SARA LEI KEKAUOHA, also known as SARAH LEI KEKAUOHA; THE ESTATE OF GEORGE K. K. KEKAUOHA, also known as GEORGE KALUNA KEKAUOHA, also known as GEORGE KEKAUOHA; WILLARD KAAIHUE KEKAUOHA; GEORGE WALDO KEKAUOHA; ELEANOR KEKAUOHA; HEIRS AND/OR DEVISEES OF DANIEL KANIELA KANINAU; DANIEL KANINAU, JR.; ETHAN KANINAU; DANCETTA LOKELANI KIM; HEIRS AND/OR DEVISEES OF EDNA EVALANI KEKAUOHA; HEIRS AND/OR DEVISEES OF MAY AKANA, also known as MAY AKANA KEKAUOHA; CATHERINE KEKAUOHA; MARY G. KEKAUOHA; HEIRS AND/OR DEVISEES OF CHARLES KUPAHU, and the heirs, assigns and devisees of such person who are deceased, or persons holding under said heirs, and spouses, assigns, successors, personal representatives, executors, administrators, and trustees of such persons who are deceased, and all other unknown persons or entities claiming any right, title, estate, lien or interest in the real property described herein. YOU ARE HEREBY NOTIFIED that Plaintiff ALLEN F. DIEMERT claims fee simple ownership to all of that certain parcel of land (being all of the land(s) described in and covered by Royal Patent Number 6071, Land Commission Award Number 7547 to Kekua), situate at Waiohinu, District of Ka’u, Island, County and State of Hawaii, being a portion of TMK No. (3) 9-5-005:013, containing an area of 4.07 acres, more or less. YOU ARE FURTHER NOTIFIED that Plaintiff has filed a Complaint for Quiet Title, Partition and Damages in all three actions in the Third Circuit Court, Hilo, Hawaii, requesting that title to the above-described real properties be determined as to any and all adverse claims not presented and/or adjudicated in this action. YOU ARE HEREBY SUMMONED to appear in the courtroom of the Presiding Judge of Division 2 at 777 Kilauea Avenue, Hilo, Hawaii, on September 11, 2017, at 8 o’clock a.m., or to file an answer or other pleading and serve it before said day upon Plaintiff’s counsel, Shawn H. Yamada, Carlsmith Ball LLP, 121 Waianuenue Ave., Hilo, Hawaii 96720 to show cause, if you have any, why the prayer of said Complaint should not be granted. If you fail to do so, judgment by default will be taken against you for the relief demanded in the Complaint. DATED: Hilo, Hawaii, July 19, 2017. Troy J. Kahai, Clerk of the Above-Entitled Court CARLSMITH BALL LLP SHAWN H. YAMADA, 9589 121 Waianuenue Ave., Hilo, Hawaii 96720 Tel. No.: (808) 935-6644 Attorney for Plaintiff (SA999353 7/31, 8/7, 8/14, 8/21/17)