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16-676 - Wond Family Kapalama, LLC v. Continental Tire The Americas, LLC


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16-676 - Wond Family Kapalama, LLC v. Continental Tire The Americas, LLC
May 1, 2018
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. Wond Family's Count IV Motion is DENIED in all other respects. (eps, )ORDER GRANTING IN PART AND DENYING PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT RE: COUNT IV OF COMPLAINT AND DENYING ALL OTHER MOTIONS FOR SUMMARY JUDGMENT re 60 MOTION for Summary Judgment as to Count IV (Breach of Contract) of Plaintiff's Complaint, re 62 MOTION for Partial Summary Judgment Re: Counts IV of Complaint, re 56 MOTION for Summary Judgment as to Counts I, II, and III (CERCLA/HERL), re 58 MOTION for Summary Judgment as to Count V (Indemnity) of Plaintiff's Complaint, re 66 MOTION for Partial Summary Judgment Re: COUNTS I, II AND III OF COMPLAINT. Signed by JUDGE LESLIE E. KOBAYASHI on 05/01/2018. Wond Family's Motion for Partial Summary Judgment Re: Count IV of Complaint, filed October 6, 2017, is HEREBY GRANTED IN PART AND DENIED IN PART. The following motions are HEREBY DENIED, in their entirety: Continental Tire's Motion for Summary Judgment as to Counts I, II, and III of Plaintiff's Complaint; Continental Tire's Motion for Summary Judgment as to Count IV of Plaintiff's Complaint; and Continental Tires Motion for Summary Judgment as to Count V of Plaintiff's Complaint; all filed October 6, 2017; and Wond Family's Motion for Partial Summary Judgment Re: Counts I, II, and III of Complaint; filed October 11, 2017.Specifically, Wond Family's Count IV Motion is GRANTED insofar as this Court rules that: 1) holdover rent is an available remedy for commercial lessors under Hawai'i common law; and 2) through the Assignment, Continental Tire assumed all of the Lessee's obligations in the Sublease