Kai v. Hawaiian Riverbend, LLC

── Kai v. Hawaiian Riverbend, LLC ── Court: Hawaii Intermediate Court of Appeals Date: April 17, 2026 Category: General NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS OR THE PACIFIC REPORTER Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 17-APR-2026 07:58 AM Dkt. 116 SO NO. CAAP-XX-XXXXXXX IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI#I KENNETH Y. KAI and TAE K. KAI, TRUSTEES OF THE KAI FAMILY 1998 TRUST, Plaintiffs/Counterclaim Defendants/ Third Party Defendants-Appellees, v. HAWAIIAN RIVERBEND, LLC, Defendant/Counterclaimant/Third Party Complainant-Appellant, and MICHAEL MIROYAN, Defendant-Appellant, and COUNTY OF HAWAII, Defendant-Appellee, and KENNETH Y. KAI and TAE K. KAI as individuals, Third Party Defendants-Appellees, and JOHN DOES 1-10, JANE DOES 1-10, DOE CORPORATIONS 1-10, DOE PARTNERSHIPS 1-10, DOE ENTITIES 1-10 AND DOE GOVERNMENTAL ENTITIES 1-10, Defendants. APPEAL FROM THE CIRCUIT COURT OF THE THIRD CIRCUIT (CASE NO. 3CC15100164K) SUMMARY DISPOSITION ORDER (By: Nakasone, Chief Judge, and Leonard and Wadsworth, JJ.) Defendant-Appellant Michael Miroyan (Miroyan), self- represented, appeals from the March 24, 2026 Second Amended Final Judgment (Judgment) entered in favor of Plaintiffs/Counterclaim Defendants/Third Party Defendants-Appellees Kenneth Y. Kai and Tae K. Kai, Trustees of the Kai Family 1998 Trust and Third Party Defendants-Appellees Kenneth Y. Kai and Tae K. Kai, as individuals (together, the Kai Trust), and against Defendant-  NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS OR THE PACIFIC REPORTER Counterclaimant-Third Party Complainant-Appellant Hawaiian Riverbend, LLC (Hawaiian Riverbend)1/ and Miroyan, by the Circuit Court of the Third Circuit.2/ Miroyan also challenges the Circuit Court's July 5, 2023 Order Granting [the Kai Trust's] Motion for Confirmation of Foreclosure Sale, for Distribution of Proceeds, for Allowance of Fees and Costs, and for Writ of Possession, Filed January 31, 2023 (Confirmation Order). We affirmed the underlying foreclosure decree and judgment in Kai, Trs. of Kai Family 1998 Tr. v. Hawaiian Riverbend, LLC, No. CAAP-XX-XXXXXXX, 2024 WL 1599125 (Haw. App. Apr. 12, 2024) (SDO). Miroyan now raises four points of error in his appeal from the Judgment. After reviewing the record on appeal and the relevant legal authorities, and giving due consideration to the issues raised and the arguments advanced by the parties, we resolve Miroyan's contentions as follows. (1) and (2) Miroyan's first two points of error overlap. He first contends that the Circuit Court "confirmed the foreclosure sale in an amount many millions of dollars below true value, which was so grossly inadequate that it should surely shock the conscience of any court as a clear abuse of discretion . . . ." Miroyan next contends that the Circuit Court "confirmed the foreclosure sale in a virtually zero overbid amount, hundreds of thousands of dollars below the ordinary 5% overbid requirement in Hawaii Circuit Courts, as a clear abuse of discretion . . . ." The record reflects the following relevant background. The Circuit Court appointed Andrew M. Kennedy as Commissioner to sell the subject property (Property). On December 19, 2022, he filed his Commissioner's Report (Report). Regarding the sale, the Report stated: (1) th