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7 Hawaii opinions name it 2 courts 1990–2024 2 in the last five years
The cases below were cited by Hawaii courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Young v. Allstate Insurance Co.green2 sentences2024Harder argued that the improper willful act was "the use of the process to silence [her] questions and requests for accommodation regarding the installation of the Speakers." (Emphasis added.) But "in order to establish an abuse of process claim, the plaintiff must prove a 'willful act' distinct from the use of process per se." Id. at 416, 198 P.3d at 679 (italics added). 2024The court declined to follow case law from other jurisdictions holding that using process itself is the requisite willful act, and held: "in order to establish an abuse of process claim, the plaintiff must prove 16 NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER a 'willful act' distinct from the use of process per se." Id. at 416, 198 P.3d at 679 (emphasis added). | 4 | 5 |
Kollodge v. Stategreen1 sentence2008See Kollodge v. State, 757 P.2d 1024, 1027-28 (Alaska 1988) (observing that the only act of the defendant's that the plaintiffs had alleged in their abuse of process claim was the filing of the complaint *679 with an improper purpose); Oren Royal Oaks Venture v. Greenberg, Bernhard, Weiss & Karma, Inc., 42 Cal.3d 1157 , 232 Cal.Rptr. 567 , 728 P.2d 1202, 1210 (1986) (explaining that the gist of the plaintiff's abuse of process claim was that the defendants improperly instituted a proceeding against the plaintiff). | 1 | 1 |
Oren Royal Oaks Venture v. Greenberg, Bernard, Weiss & Karma Inc.green2 sentences2008See Kollodge v. State, 757 P.2d 1024, 1027-28 (Alaska 1988) (observing that the only act of the defendant's that the plaintiffs had alleged in their abuse of process claim was the filing of the complaint *679 with an improper purpose); Oren Royal Oaks Venture v. Greenberg, Bernhard, Weiss & Karma, Inc., 42 Cal.3d 1157 , 232 Cal.Rptr. 567 , 728 P.2d 1202, 1210 (1986) (explaining that the gist of the plaintiff's abuse of process claim was that the defendants improperly instituted a proceeding against the plaintiff). 2008See Kollodge v. State, 757 P.2d 1024, 1027-28 (Alaska 1988) (observing that the only act of the defendant's that the plaintiffs had alleged in their abuse of process claim was the filing of the complaint *679 with an improper purpose); Oren Royal Oaks Venture v. Greenberg, Bernhard, Weiss & Karma, Inc., 42 Cal.3d 1157 , 232 Cal.Rptr. 567 , 728 P.2d 1202, 1210 (1986) (explaining that the gist of the plaintiff's abuse of process claim was that the defendants improperly instituted a proceeding against the plaintiff). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Hawaii. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Chung v. McCabe Hamilton & Renny Co., Ltd.
green
2 sentences2018Co., 119 Hawai'i 403 , 413-14, 198 P.3d 666 , 676-77 (2008) (even if an "ulterior purpose" is sufficiently alleged, an abuse of process claim requires a "wilful act" in the use of the process which is not proper in the regular conduct of the proceeding (quoting Chung v. McCabe Hamilton & Renny Co., 109 Hawai'i 520 , 529, 128 P.3d 833 , 842 (2006) ) ); Hawkins v. Webster, 337 S.E.2d 682 , 685 (N.C. 2018Co., 119 Hawai'i 403 , 413-14, 198 P.3d 666 , 676-77 (2008) (even if an "ulterior purpose" is sufficiently alleged, an abuse of process claim requires a "wilful act" in the use of the process which is not proper in the regular conduct of the proceeding (quoting Chung v. McCabe Hamilton & Renny Co., 109 Hawai'i 520 , 529, 128 P.3d 833 , 842 (2006) ) ); Hawkins v. Webster, 337 S.E.2d 682 , 685 (N.C. | 2 | 2008–2018 |
Isobe v. Sakatani
green
1 sentence2024Id. at 386, 279 P.3d at 51 . | 1 | 2024–2024 |
Hawkins v. Webster
green
1 sentence2018Co., 119 Hawai'i 403 , 413-14, 198 P.3d 666 , 676-77 (2008) (even if an "ulterior purpose" is sufficiently alleged, an abuse of process claim requires a "wilful act" in the use of the process which is not proper in the regular conduct of the proceeding (quoting Chung v. McCabe Hamilton & Renny Co., 109 Hawai'i 520 , 529, 128 P.3d 833 , 842 (2006) ) ); Hawkins v. Webster, 337 S.E.2d 682 , 685 (N.C. | 1 | 2018–2018 |
Urez Corp. v. Superior Court
green
2 sentences2012In S. Utsunomiya, the court relied on Urez Corp. v. Superior Court, 190 Cal.App.3d 1141 , 235 Cal.Rptr. 837 (1987) and quoted favorably from Urez that “allegations of equitable remedies, even if colorable, will not support a lis pendens if, ultimately, those allegations act only as a collateral means to collect money damages." 75 Haw. at 511 , 866 P.2d at 966 . 2012In S. Utsunomiya, the court relied on Urez Corp. v. Superior Court, 190 Cal.App.3d 1141 , 235 Cal.Rptr. 837 (1987) and quoted favorably from Urez that “allegations of equitable remedies, even if colorable, will not support a lis pendens if, ultimately, those allegations act only as a collateral means to collect money damages." 75 Haw. at 511 , 866 P.2d at 966 . | 1 | 2012–2012 |
S. Utsunomiya Enterprises, Inc. v. Moomuku Country Club
green
2 sentences2012In S. Utsunomiya, the court relied on Urez Corp. v. Superior Court, 190 Cal.App.3d 1141 , 235 Cal.Rptr. 837 (1987) and quoted favorably from Urez that “allegations of equitable remedies, even if colorable, will not support a lis pendens if, ultimately, those allegations act only as a collateral means to collect money damages." 75 Haw. at 511 , 866 P.2d at 966 . 2012In S. Utsunomiya, the court relied on Urez Corp. v. Superior Court, 190 Cal.App.3d 1141 , 235 Cal.Rptr. 837 (1987) and quoted favorably from Urez that “allegations of equitable remedies, even if colorable, will not support a lis pendens if, ultimately, those allegations act only as a collateral means to collect money damages." 75 Haw. at 511 , 866 P.2d at 966 . | 1 | 2012–2012 |
Wong v. Panis
green
2 sentences2008Accordingly, we conclude that the allegations sufficiently state that the Defendants employed process primarily for an ulterior purpose. 2. "a wilful act in the use of process which is not proper in the regular conduct of the proceeding" We next reach the second element of the abuse of process claim: whether the defendant committed "`a wilful act in the use of the process which is not proper in the regular conduct of the proceeding.'" Chung , 109 Hawai`i at 529, 128 P.3d at 842 (quoting Wong, 7 Haw.App. at 420 , 772 P.2d at 699-700 ). 2008Accordingly, we conclude that the allegations sufficiently state that the Defendants employed process primarily for an ulterior purpose. 2. "a wilful act in the use of process which is not proper in the regular conduct of the proceeding" We next reach the second element of the abuse of process claim: whether the defendant committed "`a wilful act in the use of the process which is not proper in the regular conduct of the proceeding.'" Chung , 109 Hawai`i at 529, 128 P.3d at 842 (quoting Wong, 7 Haw.App. at 420 , 772 P.2d at 699-700 ). | 1 | 2008–2008 |
Myers v. Cohen
green
2 sentences1990App. 232 , 687 P.2d 6 , rev’d on other grounds, 67 Haw. 389 , 688 P.2d 1145 (1984), we stated that it is the purpose for which the process is used rather than the nature of the process that creates the abuse of process claim. 1990App. 232 , 687 P.2d 6 , rev’d on other grounds, 67 Haw. 389 , 688 P.2d 1145 (1984), we stated that it is the purpose for which the process is used rather than the nature of the process that creates the abuse of process claim. | 1 | 1990–1990 |
Myers v. Cohen
green
1 sentence1990App. 232 , 687 P.2d 6 , rev’d on other grounds, 67 Haw. 389 , 688 P.2d 1145 (1984), we stated that it is the purpose for which the process is used rather than the nature of the process that creates the abuse of process claim. | 1 | 1990–1990 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.