Iwamoto v. Medeiros, Jr.

NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
13-JAN-2026
07:50 AM
Dkt. 42 SO
NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI I

TIFFANY S. IWAMOTO, Successor Co-Trustee of the Alfred Pogtis,
Jr., and Carman C. Pogtis Joint Revocable Trust,
Plaintiff-Appellee, v.
WILLIAM MEDEIROS, JR., Defendant-Appellant

APPEAL FROM THE DISTRICT COURT OF THE FIRST CIRCUIT
WAI ANAE DIVISION
(CIVIL NO. 1DRC-XX-XXXXXXX)

SUMMARY DISPOSITION ORDER
(By: Leonard, Presiding Judge, Wadsworth and Guidry, JJ.)
Self-represented Defendant-Appellant William K.

Medeiros, Jr., (Medeiros) appeals from the Writ of Possession

(Writ) and the Judgment for Possession (Judgment), both entered

on November 13, 2023, by the District Court of the First Circuit,

Wai anae Division (District Court),1 in favor of Plaintiff-

Appellee, Tiffany S. Iwamoto, Successor Co-Trustee of the Alfred

Pogtis, Jr., and Carman C. Pogtis Joint Revocable Trust dated

April 15, 2022 (Iwamoto). This appeal concerns certain real

property located on Wai anae Valley Road in Wai anae, Hawai i (the

Property).

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The Honorable Shellie K. Park-Hoapili entered the Writ and
Judgment; the Honorable Summer M.M. Kupau-Odo presided at trial.
NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

As a preliminary matter, we note that the Opening Brief

fails to comply with Hawai i Rules of Appellate Procedure (HRAP)

Rule 28(b)(4) & (7) and we recognize Iwamoto's argument that the

deficiencies should result in dismissal of this appeal. However,

Hawai i courts have "consistently adhered to the policy of

affording litigants the opportunity 'to have their cases heard on

the merits, where possible.'" Morgan v. Plan. Dep't, Cnty. of

Kaua i, 104 Hawai i 173, 180-81, 86 P.3d 982, 989-990 (2004)

(quoting O'Connor v. Diocese of Honolulu, 77 Hawai i 383, 386,

885 P.2d 361, 364 (1994)). Thus, we will consider the merits of

Medeiros's appeal, to the extent discernible.

Medeiros identifies four points of error on appeal,

contending that the District Court erred in: (1) proceeding to

ejectment without proof that Iwamoto had standing; (2) concluding

that there was no issue of title; (3) not allowing Medeiros's

brother Don Pogtis (Don) to "enter the complaint for ejectment";

and (4) not sending the case "back to the Probate Court for

further proceedings, upon receiving the Last Will and Testament

of Mildred Pogtis" (Mildred's Will). The second issue is

dispositive.

The key facts are as follows. On May 12, 2023, Iwamoto

filed a complaint in the District Court, which included three

counts: (1) summary possession; (2) assumpsit; and (3) damages.

Medeiros filed an answer denying Iwamoto's right to summary

possession and, inter alia, claiming to be an "undivided interest

owner" of the Property.

On July 10, 2023, Don, also self-represented, filed an

"Ex Parte Motion of Position Statement for Ejectment of William

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NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

Medeiros, Jr., filed May 12, 2023." While "not a name party" to

the Complaint, Don sought "to protect" Medeiros from eviction,

stating that Iwamoto held no ownership interest in the Property.

Attached to Don's "motion" was a signed "Declaration of Don

Pogtis Sr.", declaring that Medeiros "is my brother and a son of

Mildred[.]" Don attached copies of the Will of Alfred Pogtis,

Sr. (Alfred, Sr.) and Mildred's Will.

On August 12, 2023, Iwamoto filed "Plaintiff's

Submission that Title Is Not in Issue" (Iwamoto's Title

Submission), arguing that Medeiros's "claim that title is in

issue is NOT warranted."

On August 14, 2023, Don filed "Defendant Don Pogtis,

Sr. Motion in Support of William Kalani Medeiros Jr., Position

Statement in Compliance to [District Court Rules of Civil

Procedure (DCRCP)] Rule 12.1 and (h) Defense of Title." Don

referred to himself as a "Defendant" and his siblings as

"Potential Parties of Interest" in the Property. Don further

alleged that Iwamoto "failed to service [sic] notice" to him.

On August 21, 2023, Medeiros filed "William Medeiros

Jr., Position Statement in Compliance to DCRCP Rule 12.1 and (h)

Defense of Title" (Rule 12.1 Motion). The motion identified

Alfred, Sr., as having bequeathed the Property to Mildred, who in

turn bequeathed the Property to Alfred Pogtis, Jr. (Alfred, Jr.)

"and not to his heirs." Medeiros contended that he and Don stood

to inherit according to the terms of Mildred's Will. Attached to

the Rule 12.1 Motion was a "Declaration of William Medeiros"

(Rule 12.1 Declaration) submitted "under the law of perjury,"

attaching and identifying Alfred, Sr.'s death certificate, along

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with Alfred, Sr. and Mildred's Wills. Medeiros signed with "/s/"

above his typed name.

In opposition to the Rule 12.1 Motion, Iwamoto argued

that the Rule 12.1 Motion and Rule 12.1 Declaration were not

sufficient to comply with DCRCP 12.1, and did not provide the

court with "particulars to fully apprise the court of the nature

of [Medeiros's] claim." Iwamoto further argued that Medeiros

misinterpreted Mildred's Will, Mildred had intended to bequeath

the Property to Alfred, Jr. only, and thus title was not in

issue.

Hawaii Revised Statutes (HRS) § 604-5(d) (2016)

provides in part: "The district courts shall not have cognizance

of real action, nor actions in which the title to real estate

comes in question[.]"

DCRCP Rule 12.1 states:
Rule 12.1. DEFENSE OF TITLE IN DISTRICT COURTS.
Pleadings. Whenever, in the district court, in
defense of an action in the nature of an action of trespass
or for the summary possession of land, or any other action,
the defendant shall seek to interpose a defense to the
jurisdiction to the effect that the action is a real action,
or one in which the title to real estate is involved, such
defense shall be asserted by a written answer or written
motion, which shall not be received by the court unless
accompanied by an affidavit of the defendant, setting forth
the source, nature and extent of the title claimed by
defendant to the land in question, and such further
particulars as shall fully apprise the court of the nature
of defendant's claim.

Read together, the Rule 12.1 Motion and Rule 12.1

Declaration set forth the source of Medeiros's claim of title as

Mildred's Will, the nature of the claim as, in essence, that

Alfred Jr. only received a life estate, and the extent of title

claimed as an undivided interest in the Property with Don.

Regardless of the ultimate strength or weakness of Medeiros's

claim to title, we conclude that he sufficiently raised the

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claim, thus depriving the District Court of jurisdiction pursuant

to HRS § 604-5. Accordingly, and based on the entire record

before us, we further conclude that the District Court erred in

entering judgment against Medeiros. In light of this conclusion,

we need not reach Medeiros's other arguments.

For the foregoing reasons, the District Court's

November 13, 2023 Writ of Possession and the Judgment for

Possession are vacated. This case is remanded to the District

Court for further proceedings consistent with this Summary

Disposition Order, e.g., a voluntary dismissal or a sua sponte

dismissal by the District Court. See Captain Andy's Sailing,

Inc. v. Dep't of Land and Nat. Res., 113 Hawai i 184, 194, 150

P.3d 833, 843 (2006).

DATED: Honolulu, Hawai i, January 13, 2026.

On the briefs: /s/ Katherine G. Leonard
Presiding Judge
William Medeiros,
Defendant-Appellant, pro se. /s/ Clyde J. Wadsworth
Associate Judge
Ronald T. Ogomori,
Maria A. Carmichael /s/ Kimberly T. Guidry
(Ronald T. Ogomori, AAL ALC), Associate Judge
for Plaintiff-Appellee.

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