Malagodi v. Nice

NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER

Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
17-APR-2026
08:22 AM
Dkt. 210 ODMR

NOS. CAAP-XX-XXXXXXX AND CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS
OF THE STATE OF HAWAI‘I

MARK MALAGODI and JANET JOHNSTON, Plaintiffs/Counterclaim
Defendants-Appellees,
v.
CAMERON E. NICE, MARTHA J. JACOBSEN, aka MARTHA J. JACOBSON-
NICE, Defendants/Counterclaimants-Appellants,
and
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., as nominee for
AMERICAN SAVINGS BANK, F.S.B., a Federal Savings Bank,
Defendant-Appellee,
and
JOHN DOES 1-20, JANE DOES 1-20, DOE PARTNERSHIPS 1-20, DOE
CORPORATIONS 1-20, and DOE ENTITIES 1-20, Defendants

APPEAL FROM THE CIRCUIT COURT OF THE FIFTH CIRCUIT
(CASE NO. 5CCV-XX-XXXXXXX)

ORDER DENYING MOTION FOR RECONSIDERATION
AND NOTICE OF EX PARTE COMMUNICATION
(By: Nakasone, Chief Judge, Hiraoka, and Guidry, JJ.)

Upon review of self-represented Defendants-Appellants
Cameron E. Nice and Martha J. Jacobsen aka Martha J. Jacobsen-
Nice's (the Nices) "Notice – ICA Judicial Fraud and Mistakes,
Misadvertence, Negligence and Fraud by ICA Staff Attorneys"
NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER

received by the appellate clerk on April 13, 2026, which is
construed as a motion for reconsideration (Motion), the papers
in support, and the record, it appears that the Nices fail to
demonstrate a point of law or fact that the court overlooked or
misapprehended in the April 7, 2026 summary disposition order.
See Hawai‘i Rules of Appellate Procedure Rule 40(b).
Therefore, IT IS HEREBY ORDERED that the Motion is
denied.
IT IS FURTHER ORDERED that the Nices are instructed to
cease engaging in ex parte communications with the court. The
attached ex parte communication was received via email on
April 8, 2026 from senders who identified themselves as the
Nices.
IT IS FURTHER ORDERED that the appellate clerk shall
provide a copy of this order to the supreme court clerk.1
DATED: Honolulu, Hawai‘i, April 17, 2026.

/s/ Karen T. Nakasone
Chief Judge

/s/ Keith K. Hiraoka
Associate Judge

/s/ Kimberly T. Guidry
Associate Judge

1 We take judicial notice that in SCPW-XX-XXXXXXX, the Hawai‘i
Supreme Court stated the Nices "are ordered to immediately cease sending
emails to any judge or justice. Any further email to the court will be
considered a violation of this order and may result in sanctions." Nice v.
Valenciano, No. SCPW-XX-XXXXXXX, Dkt. 36, at 17 (Haw. May 13, 2025) (Order).

2