Capital One Bank

── Capital One Bank ── Court: Hawaii Intermediate Court of Appeals Date: April 15, 2026 Category: General NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 15-APR-2026 08:08 AM Dkt. 61 SO NO. CAAP-XX-XXXXXXX IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAIʻI CAPITAL ONE BANK (USA), N.A., Plaintiff-Appellee, v. CELESTE M. GONSALVES, Defendant-Appellant. APPEAL FROM THE DISTRICT COURT OF THE FIRST CIRCUIT HONOLULU DIVISION (CASE NO. 1RC121005139) SUMMARY DISPOSITION ORDER (By: Wadsworth, Presiding Judge, McCullen and Guidry, JJ.) Self-represented Defendant-Appellant Celeste M. Gonsalves appears to appeal from the District Court of the First Circuit's January 9, 2024 order denying her motion to vacate the order extending the judgment against her. 1 1 The Honorable William M. Domingo presided over the October 16, 2023 hearing, and the order was entered on his behalf. Gonsalves's notice of appeal states she is appealing from the "Motion to Vacate Extended Judgment on 10/18/2022." (Formatting altered.) We interpret her notice of appeal as appealing from the order denying her motion to vacate the district court's August 4, 2022 order that extended the October 18, 2012 judgment against her. NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER On appeal, Gonsalves contends the district court abused its discretion by denying her motion to vacate the judgment extension as service was improper. 2 Upon careful review of the record and the brief submitted by Gonsalves, and having given due consideration to the issues raised and the arguments advanced, we resolve this appeal as discussed below and affirm. In July 2012, Plaintiff-Appellant Capital One Bank (USA), N.A. filed a complaint for a judgment in the amount of $1,446.12, alleging that Gonsalves defaulted on her Capital One credit account. The complaint indicated that the parties were to appear "at 1:30 p.m. on the second Monday following date of service, and should that Monday be a legal holiday then upon the next business day." In September 2012, a return of service was filed showing Gonsalves was personally served at 3138 Waialae Avenue, #501, Honolulu, Hawaiʻi 96816. The "Acknowledgment of Service" contained the following signature: Figure 1: Image from return of service, 1RC121005139 dkt. 2 at 2. 2 Gonsalves also contends that her disability renders her "uncollectible" but provides no legal argument supporting this conclusory statement. Hawaiʻi Rules of Appellate Procedure Rule 28(b)(7) ("Points not argued may be deemed waived."). Thus, we deem this argument waived. 2 NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER Gonsalves, however, did not appear at the scheduled hearing. In October 2012, the district court found Gonsalves defaulted and entered judgment in favor of Capital One in the amount of $1,636.12 (2012 Judgment). In July 2022, just shy of ten years from the 2012 Judgment, Capital One moved to extend the 2012 Judgment under Hawaiʻi Revised Statutes (HRS) § 657-5 (2016) (Motion to Extend). 3 The Motion to Extend certified that Gonsalves was served by mail at the Waialae Avenue address: Figure 2: Image from Motion to Extend, 1RC121005139 dkt. 6 at 3. 3 HRS § 657-5 provides as follows: