Taylor v. Tsuchida ( 2024 )

NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER
Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
31-MAY-2024
08:12 AM
Dkt. 72 SO
NO. CAAP-XX-XXXXXXX
IN THE INTERMEDIATE COURT OF APPEALS
OF THE STATE OF HAWAI#I
SCARLETT A. TAYLOR, Plaintiff-Appellant,
v.
MICHAEL H. TSUCHIDA; MYHRE, TSUCHIDA, RICHARDS & STROM,
ATTORNEYS AT LAW, A LAW CORPORATION; DTRIC INSURANCE COMPANY;
MICHELLE SAITO, PRESIDENT OF DTRIC; JEFFREY CRABTREE, AS AN
INDIVIDUAL; VIRGINIA CRANDALL, AS AN INDIVIDUAL; PATRICIA
OHARA, AS AN INDIVIDUAL; MICHAEL K. TANIGAWA, AS AN
INDIVIDUAL; JEANNETTE H. CASTAGNETTI, AS AN INDIVIDUAL; RALPH
ROSENBERG AS AN INDIVIDUAL; RALPH ROSENBERG COURT REPORTERS,
INC.; CRISCENTA GAOIRAN, AS AN INDIVIDUAL, NOT AS AN EMPLOYEE
OF STRAUB HOSPITAL MEDICAL RECORDS DEPARTMENT,
Defendants-Appellees
APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT
(CIVIL NO. 1CCV-XX-XXXXXXX)
SUMMARY DISPOSITION ORDER
(By: Leonard, Acting Chief Judge, Hiraoka and McCullen, JJ.)
Plaintiff-Appellant Scarlett A. Taylor (Taylor), self-
represented, appeals from the June 23, 2020 Final Judgment
(Judgment) entered by the Circuit Court of the First Circuit
(Circuit Court) in favor of Defendants-Appellees Michael H.
Tsuchida; Myhre, Tsuchida, Richards & Storm, Attorneys at Law, a
Law Corporation; DTRIC Insurance Company; Michelle Saito,
President of DTRIC; Jeffrey Crabtree, as an Individual; Virginia
NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER
Crandall, as an Individual; Patricia Ohara, as an Individual;
Michael K. Tanigawa, as an Individual; Jeannette H. Castagnetti,
as an Individual; Ralph Rosenberg, as an Individual; Ralph
Rosenberg Court Reporters, Inc.; Criscenta Gaoiran, as an
Individual, Not as an Employee of Straub Hospital Medical Records
Department (collectively, Appellees).1
Taylor raises three points of error on appeal,
contending that the Circuit Court erred in this case because the
court: (1) did not appropriately set and schedule hearings and
meetings; (2) did not put effort into researching her painful
experience, or consider her Complaint; and (3) performed the same
as an unethical lawyer.2
Upon careful review of the record and the briefs
submitted by the parties, and having given due consideration to
the arguments advanced and the issues raised by the parties, we
resolve Taylor's points of error as follows:
Taylor's points of error do not comply with the Hawai#i
Rules of Appellate Procedure (HRAP) in numerous and important
ways. See, e.g., HRAP Rules 28(b)(4) & (7). We focus on the
important infirmities because they hamper our review of her
appeal. Taylor does not include any citations to the record,
including where she contends that the Circuit Court erred and
where she raised her argument or objection in the trial court.
1
The Honorable John M. Tonaki presided.
2
Taylor also lists two "Questions Presented" which appear to be
rhetorical in nature.
2
NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER
Taylor cites no statutes, rules, cases or other legal authorities
supporting her contention that she is entitled to relief from the
Judgment. Most fundamentally, Taylor makes no cogent argument
that the Circuit Court erred in entering the Judgment against
her.
Hawai#i courts have long adhered to the policy of
affording litigants the opportunity to be heard on the merits
whenever possible. Morgan v. Planning Dep't, Cty. Of Kauai, 104
Hawai#i 173, 180-81, 86 P.3d 982, 989-90 (2004) (citing O'Connor
v. Diocese of Honolulu, 77 Hawai#i 383, 386, 885 P.2d 361, 364
(1994)). In view of this longstanding policy, self-represented
litigants like Taylor do not automatically have their access to
appellate review foreclosed because of failure to conform to
requirements of the procedural rules. See id. In that light, we
have carefully reviewed Taylor's arguments to the extent they can
be discerned. We nevertheless conclude that they are without
merit.
For these reasons, the Circuit Court's June 23, 2020
Judgment is affirmed.
DATED: Honolulu, Hawai#i, May 31, 2024.
On the briefs: /s/ Katherine G. Leonard
Acting Chief Judge
Scarlett A. Taylor,
Plaintiff-Appellant Pro Se. /s/ Keith K. Hiraoka
Associate Judge
Michael H. Tsuchida,
(Myhre, Tsuchida, Richards & /s/ Sonja M.P. McCullen
Storm), Associate Judge
for Defendants-Appellees
MICHAEL H. TSUCHIDA and
MYHRE TSUCHIDA RICHARDS & STORM.
3