STATE OF HAWAII ) ) ) ) ) ) ) ) ) ) ) A~SWER TO VERIFIED COMPLAINT; ANSWER TO VERIFIED CO~1PLAINT

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1 f -~G17 :A0423 (" ( LAW OFFICES OF ROY Y. YEMPUKU ROY Y. YEMPUKU, #1228 WILLIAM L. GOO, # Bishop Street, Suite 1888 Honolulu, Hawaii Telephone No.: Attorneys for Defendants ISAAC KANDA, SR. and ISAAC KANDA, JR. IN THE CIRCU.IT COURT OF THE SECDND CIRCUIT HARRY A. HUEU and SANDRA G. HUEU, vs. Plaintiffs, ISAAC KANDA, SR. and ISAAC KANOA, JR.,' Defendants. STATE OF HAWAII JR. (he~einafter,...: i'~ I.. 1'-' 1' - CIVIL NO (1 ANSWER TO VERIFIED CO~1PLAINT.~ A~SWER TO VERIFIED COMPLAINT; DEMAND FOR JURY TRIAL; CERTIFICATE OF SERVICE Come now Defendants ISAAC KANDA, SR. and ISAAC KANDA, collectively referred to as "Defendants KANDA", through. their attorneys, and in answer to the Verified Complaint filed against_ them by Plaintiffs above.named, allege as follows: FIRST DEFENSE 1. The Verified Complaint fails to state a'c1aim up-on which relief can be granted as to Defendants KANDA. SECOND DEFENSE 2. Defendants KANOA admit the allegations contained in paragraph 3 of the Verified Complaint.

2 . ( 3. Defendants KANOA are without sufficient information and knowledge to form a belief as to the truth of the allegations contained in paragraphs 1, 2, 4, 6, 7, 8, 14 and ls of the Verified Complaint. 4. Defendants KANOA deny the allegations contained in paragraphs 9, 10, 11 and.12 of the Verified Complaint. S. DefendantsKANOA deny each and every allegation not specifically addressed herein. THIRD DEFENSE 6. Defendants KANOA give notice that they intend to rely upon the defenses of waiver, estoppel and laches. FOURTH DEFENSE 7. Defendants KANOA ' give notice that they intend to rely upon the defense of failure of consideration. FIFTH DEFENSE 8. Defendants KANOA give notice that they intend to rely upon the defense of consent. SIXTH DEFENSE 9. Defendants KANOA give notice that they intend to rel y upon the defense of release. SEVENTH DEFENSE 10. Defendants KANOA give notice that they intend to rely upon the defense of privilege. EIGHTH DEFENSE 11. Defendants KANOA give notice that they intend to rely upon the defense of the statute of limitations. - 2-

3 NINTH DEFENSE 12. Defendants KAlWA give notice that they intend to rely upon the defense of failure to mitigate damages. ~ TENTH DEFENSE 13. Defendants KANOA give notice that they intend to rely upon the defense of assumption of the risk. ELEVENTH DEFENSE 14. Defendants KANOA give notice that they intend to rely upon the defense of the Act of God. TIlliLFTH DEFENSE 15. Defendants KANOA give notice that they intend to -- rely upon the defense of mutual release. THIRTEENTH DEFENSE 16. Defendants KAJ~OA give notice that they intend to rely upon the defense of modification. FOURTEENTH DEFE~~SE 17. Defendants KANOA give notice that they intend to rely upon the defense of the lack of standing. FIFTEENTH DEFENSE 18.. Defendants KANOA give notice that they intend to rely upon the defense of the statute ---- of frauds. SIXTEENTH DEFENSE 19. Defendants KANOA give notice that they intend to rely upon Section , Hawaii Revised Statutes. -3-

4 .. SEVENTEENTH DEFENSE, 20. Defendants KANOA give notice that they intend to rely'upon the,defense of c6ntr.ibutory negligence. dismissed; costs; and WHEREFORE, Defendants KANOA pray as follows:' 1. That the Complaint filed herein against them,be 2. That' they be awarded reasonable attorney's fees and 3. That they be awarded such other and further relfef as 'this Court deems fair and just in the,premises. DATED: Honolulu, Hawaii, ~ebruary 26, t»~ '{J.~ RO Yo YEHPUKU t-lillim1 L. 'GOO Attorneys for Defendants ISSAC KANDA, SR. AND ISAAC KANDA, JR. -4-

5 ( IN THE CIRCUIT COURT OF THE SECOND CIRCUIT HARRY A. HUEU and SANDRA G. HUEU, vs. Plaintiff, ISAAC I{ANOA, SR. and ISAAC KANDA, JR. " Defendants.. STATE OF HA\-lAII DID1AND FOR JURY TRIAL CIVIL NO (1. DEUAND FOR JURY TRIAL' r Come now Defendants ISAAC. KANDA, SR. and ISAAC I<ANOA, JR., through their attorneys, and hereby demand trial.by jury on all matters so triable herein. DATED: Honolulu, Hawaii, February 27, 1987 ROY Y. YEMPUKU WILLIAM L. GOO Attorneys for Defendants ISAAC KANDA, SR. and ISAAC KANDA, JR~. -5-

6 ~ -p " IN THE CIRCUIT COURT OF THE SECOND CIRCUIT HARRY A. HUEU and SANDRA G. HUEU, vs. Plaintiff, ISAAC KANOA, SR. and ISAAC KANOA, JR., Defendants. STATE OF HAWAII ~ CERTIFICATE OF SERVICE CIVIL NO (1 CERTIFICATE'OF SERVICE The undersigned hereby certify that a true and complete copy of Defendants' ANSWER TO VERIFIED COMPLAINTj DEl1AND FOR JURY TRIALj CERTIFICATE OF SERVICE wili be duly served upon the following parties, at their last known address throug~ mail on February 26, STEPHEN G. GARCIA, ESQ Main Street Wailuku, Maui, HI the U.S. JOEL E. AUGUST, ESQ Aupuni Street Wailuku, l1aui, HI DATED-: Honolulu, Hawaii, February 27 J ROY yo: YEMPUKU WILLIA1'1 L. GOO Attorneys for Defendants ISAAC KANDA, SR. and ISAAC KA~lOA, JR. -6-