No. (December 11, 2008)
Opinion [pdf]
OPINION OF THE COURT BY LEONARD, J.
Plaintiff-Appellant Genevie Momilani Kaina (Kaina) appeals from the Order Denying Plaintiff's Renewed Motion for Consolidation filed on July 27, 2006 (Order), by the Circuit Court of the Second Circuit (Circuit Court), in which monetary sanctions were awarded against Kaina and in favor of Defendants-Appellees Mark P. Gellman, D.O. (Dr. Gellman), Cheryl Vasconcellos (Vasconcellos), and Hana Community Health Center (Health Center) (collectively, Appellees). The Circuit Court ordered Kaina to pay Appellees' attorneys' fees and costs incurred in defending the motion.
Kaina contends on appeal that the Circuit Court abused its discretion when it sanctioned her because: (1) there was no bad faith or other legal basis to do so; (2) the Circuit Court did not identify the sanctioning authority or, with reasonable specificity, the perceived misconduct; (3) the sanctions were unreasonable and punitive; and (4) there was no separate motion for sanctions. We hold that: (1) any award of sanctions against Kaina based on Hawai‘i Rules of Civil Procedure (HRCP) Rule 11 was procedurally defective because there was no motion or order to show cause as required under HRCP Rule 11(c)(1); (2) a specific showing of bad faith is required to justify the use of the court's inherent power to sanction a represented party; and (3) Kaina's conduct in conjunction with the filing of a renewed motion to consolidate did not constitute and was not tantamount to bad faith. Therefore, we reverse. [footnote omitted]
