Thursday, May 02, 2013


All 32 Hawaii Circuit Court judges sued in Federal Court

by Larry Geller

A Hawaii family and a developer filed a federal class action against every Circuit Court judge in Hawaii, accusing them of using "ancient judge-made procedures" to enforce foreclosure judgments.
Jerry Agbannaoag, Ke Kailani Development et al. claim the judges' practice fostered the "flipping" of properties and unjustly enriched lenders.

[Courthouse News Service, Foreclosed Homeowners Sue 32 Hawaii Judges, 5/1/2013]

[After spending a couple of days reading 100-year-old newspapers (see previous articles) it felt somewhat surreal to return to 2013 and read the above lede on the Courthouse News Service website.]

I have not heard of a similar case before, but I’m going to cop out and suggest you click the link and read the full story. It makes sense to me, and it’s well-written and clear. A copy of the complaint is posted below and is also good reading.

Don’t miss this part of the Courthouse News story, near the end:

First Circuit Judge Bert I. Ayabe dismissed [plaintiff] Fuchs's complaints and entered deficiency judgments against him in 2012, for "a pitiful $16,601," without allowing Fuchs to do any discovery, he says in the complaint.

Fuchs claims that Judge Ayabe's wife did legal work for three of Fuchs's adversaries in the foreclosure case.


Below is the complaint—74 pages long. To discover the allegations around Judge Ayabe, download and search within the document for “Ayabe”.

The document below is an OCR copy and may contain errors—do not rely on it.

Download 1 13 Cv 00205 1 Complaint OCR from Disappeared News


Correction: Deficiency judgment was actually for nearly $22,000,000 !

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