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NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER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NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER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
TO: ICA Judge Kimberly Guidry
417 South King St.
Honolulu, HI 96813

TO: Chief and Administrative Justice Sabrina Mckenna
417 South King St.
Honolulu, HI 96813

TO: Court Administrator Brandon Kimura
417 South King St.
Honolulu, HI 96813

Judge Karen Nakasone,
Judge Keith Hiraoka,
Judge Kimberly Guidry,

RE:

NOTICE 1 - Incorrect and/or Fraudulent Dismissal of CAPP-XX-XXXXXXX

NOTICE 2 - Mistakes, Misadvertence, Negligence, and Fraud by ICA Staff Attorneys that needs to be
MANDATORILY (not optional/not discretional) addressed/corrected by the Chief and Administrative
Judge of the ICA and/or the Chief and Administrative Justice of the Hawaii Judiciary (Justice McKenna
ccd) and/or the Court Administrator (Brandon Kimura ccd)

NOTICE 3 - ICA Judicial Fraud, HRCJC Rule 2.15 Non-Compliance, and ICA Judicial Retaliation pursuant
to HRCJC Rule 2.16 by Judge Nakasone, Judge Hiraoka, and Judge Guidry.

The ICA Judges and ICA Staff Attorneys are Egregiously Violating our Legal, Procedural, and
Constitutional Rights. Please be advised that Judicial Immunity only covers Discretional Judicial
actions/inactions and not Mandatory Administrative actions/inactions.

Please Immediately Sua Sponte (and within 5 Days) correct all matters in these 3 Notices and our
Legal Directives below. We can file the appropriate Motions for Reconsiderations and Petitions of Writ
if needed for the Judicial Non-Administrative Mandatory Matters, but time is of the essence and
everyday, every hour and every minute that the ICA and the Hawaii Judiciary waits…causes our low
income family further Irreparable Harm*

*Irreparable Harm Our Kauai Family has been irreparably financially, psychologically, and
emotionally harmed and in regards to my wife (Marti Nice) irreparable physically harmed because after
being in Remission from Leukemia for many years, her Lymphocytes recently and unexpectedly
increased which means her Leukemia might be coming back. We are officially requesting the Judges
of the ICA to provide us a Confidential Manner to submit these Pathological Findings to the Court.

—————

NOTICE 1 & 2

Judges of the ICA, we Strongly Suggest you review Orders drafted by your Staff Attorneys prior to
signing your name to them.
Your Staff Attorneys Dismissal Argument, which is entirely based on the Plaintiffs Answer to our
Opening Brief is completely wrong, prejudiced, biased, and against the weight of evidence. The
Forgay Doctrine, numerous case precedents, and the issue of Lack of Jurisdiction that they reference
in accordance with the Plaintiffs’ Argument are moot and irrelevant… and yet your Staff Attorneys
officially declared that the Plaintiffs arguments/challenges “have merit”.

WHY ?? BECAUSE… the ICA Judges/Staff Attorneys must 1st investigate whether the Circuit Court
Orders in Question were done Procedurally Correct** and whether the Record on Appeal** submitted
by the Circuit Court was accurate…which (as we referenced numerous times in CAAP-24-14 and we
also requested to expose in oral arguments) they weren’t, which renders these Orders Automatically
Void (Relief of Judgment HRCP Rule 60), Warrants Immediate Granting of our Appeal by the ICA, and
Constitutes Fraud Upon the Circuit and ICA Courts .

We are not sure why you chose to ignore the evidence, but since the ICA Staff Attorneys Dismissal
Argument is entirely based on the Plaintiffs’ Attorney (Kauai Per Diem Judge Jonathan Chun)
Argument, we are forced to assume they did it to prejudicially and biasedly help him (their State of
Hawaii coworker) win this Appeal Dismissal so that his clients can keep illegally charging us $1,500.00
a day (over $900,000 already and growing) and Judge Chun could charge us his attorney fees (over
$120,000.00 already and growing).

** Procedurally Incorrect Contempt of Court Order and Fraudulent Record on Appeal -

As we explained numerous times to the ICA and provided admissible evidence to support our
position… we filed a Notice of Appeal(CAAP-XX-XXXXXXX) into the Circuit Court (Docket #519) and
that Notice was wrongfully and against our legal directives changed to a Motion by Legal Docs
Supervisor Christine Delacruz and she illegally signed our names to this Motion and illegally
assigned a Court hearing to it (Docket#521). Again, we authorized none of this and please
verify/validate this with the Circuit Court Docket Summary (attached) and with the 5th Circuit Court
Document Supervisor (lisa.d.kimura@courts.hawaii.gov), she internally reviewed the Court docket
submission and provided us verbal confirmation that she can verify/validate that it wasn’t us that filed
this Motion and Hearing. Lisa will tell you the truth in these matters.

This Absolutely Constitutes Fraud and Wrongdoing… and yet your Staff Attorneys wrongfully cited this
Motion for Reconsideration 5 Times in this Dismissal Order (see attached), which aids and abets
the Plaintiffs' Civil and Criminal Fraud (§708-835.65) against our low income family.

Then the Plaintiffs Moved up their Contempt of Court Motion into this non sanctioned non authorized
hearing through an Ex Parte Motion(Docket#529), which only gave us 2 days to submit a
Memorandum in Opposition. Two days to respond to such a serious Motion would be hard for an
accomplished attorney, but completely impossible for Non Movant Forced Pro Se Defendants like
Marti and I.

We immediately in writing (Court dockets) informed the Circuit Court/Judge Valenciano as well as the
plaintiffs attorney (Kauai Per Diem Judge Jonathan Chun) and our Co-Defendants’ Attorney (Kauai
Per Diem Judge Michael Scarbo) that these were mistakes, misadvertence, negligence, and fraud of
Christine Delacruz and we requested the Chief and Administrative Judge Valenciano (the Presiding
Judge of our case) to Administratively address and correct these mistakes and cancel this hearing as
he is MANDATORILY (not optional/not discretional) required to.

Judge Valenciano who was going through some emotional/mental problems and was not of sound
mind*** completely ignored us (as did Judge Chun and Judge Scarbo) and they held this hearing
anyways. In this non sanctioned non authorized hearing, not only did Judge Valenciano illegally hold
us in contempt of court and illegally charge us $1,500.00 a day… he also awarded another
$50,000.00 to the plaintiffs for septic repairs that we had already completed prior to this frivolous
litigation by the plaintiffs and which we had provided the Court overwhelming admissible evidence of
(pictures, videos, receipts, etc).
Our Co-Defendant (American Savings Bank) attorney filed a Position to help the plaintiffs in this illegal
court hearing and signed this corrupt order to insure that the bank was put in 1st position on the theft
of our home equity… and Judge Chun actually orally thanks Judge Scarbo for his help in these
Criminal Matters, as proven by Court Video of our November 16, 2023 Court Hearing.

***Chief and Administrative Judge Randal Valenciano was not of Sound Mind - In September
2025, Chief Judge Valenciano quietly retired after 18 years of service and with 2 years left on his
contract. There was no fanfare, no celebration, no public acknowledgment… and Judge Valenciano
left the Court that he loved without a Circuit Court Judge… the only other Circuit Court Judge (Judge
Kathleen Watanabe) had just retired in August.

Kauai is small and we personally know and love the Valenciano family (we have dinners with his
sister, brother in law and their family)… and we know for a fact that Judge Valenciano would never
leave his Court shorthanded like this, nor would he give up on over $450,000.00 in salary.

Judge Valenciano was a good Judge… but he SNAPPED due to the stress of the job and due to the
Sexual Predator charges (Rosa vs Valenciano 1:23-cv-00315-JAO-WRP) which were going on at the
exact same time of our circuit court case and which the State of Hawaii paid $90,000 in hush money.

We also filed two separate Motions to Recuse and Disqualify him (Dockets #163 and #403), a Motion
for him to abide by all the HRCJC Rules(Docket #631), as well as numerous other Motions to Dismiss
and Vacate his INSANE and unjust Orders, including the Summary Judgment Order (where Hawaii
Life Brokerage’s Attorney Judge Robert Goldberg illegally blocked our Hawaii Life realtors from
providing an affidavit for our defense but allowed the plaintiffs Hawaii Life realtor Court submit a
perjured affidavit under a Dual Agency Contract) and the Vexatious Litigant Motion/Order put forth by
ASB…but he wrongfully denied all motions, which further proves he was not of sound mind. We gave
him every possible opportunity to amend these corrupt orders… but he was already
emotionally/mentally incapacitated to understand right from wrong.

We also officially requested him (over 30 times) to Administratively Correct all the mistakes,
misadvertence, negligence, and fraud of his 3 Kauai Per Diem Judges/Attorneys that are party to our
case and 3 5th Circuit Court Judicial Employees… but he completely ignored us, which further proves
his mental, judicial, and administrative incapacities.

—————-

NOTICE 3

We are not “self-represented Defendants-Appellants” as your Staff Attorneys described, we are
Forced Non Movant Pro Se Defendants/Appellants thanks to the not sound of mind Chief and
Administrative Judge Randal Valenciano and the Torkildson Katz Law Corporation.

My wife and I didn’t choose to remain Pro Se, that choice was wrongfully/illegally stolen from us by
Chief Judge Randal Valenciano and the Torkildson Katz Law Corporation on January 12, 2023.
Please refer to the 359 pages of admissible evidence we provided Judge Valenciano to not release
these TK attorneys (Docket#116) and the INSANE actions/inactions of Judge Valenciano in our
January 12, 2023 Court hearing… where he released our attorneys first and then made us defend
ourselves (5 minutes later) without legal representation in the Plaintiffs Motion to Enforce Summary
Judgment.

No SANE Judge on the planet would do this, and the 2 Torkildson Katz Attorneys (Ron Heller and
Jacob Kamstra) that flew over from Oahu charged us big money, kept all of our retainer, and we
haven’t been able to afford attorneys since then.

We made the ICA Court abundantly aware of this numerous times that we didn’t choose to remain Pro
Se and provided overwhelming admissible evidence to the ICA to support our position.
We also Officially Advised and Requested the ICA Court numerous times that we needed our
Attorneys back to file our Opening Brief… and the only way we would get our attorneys back (or our
money back for new attorneys) would require the Judges of the ICA and/or the Licensed in Hawaii ICA
Staff Attorneys to abide by HRCJC Rule 2.15**** and HRPC Rule 8.3**** respectively. We even filed
Motion(Docket #80), a Motion for Reconsideration(Docket #95), and a Petition of Writ SCPW-24-
0000330 to Compel the ICA Judges to abide by this Mandatory All Jurisdictional Rule****… but your
staff attorneys wrongfully denied our motions and cited lack of jurisdiction… which is 100% incorrect,
because this Rule doesn’t state anything about Jurisdiction and is therefore all jurisdictional.

AND… in the Dismissal Order, all your Staff Attorneys had the nerve to say was that our “Opening
Briefs substantially fail to comply with Hawaii Rules of Appellate Procedure HRAP Rules 10, 28(b)(4)
and (b)(7)”… and they referenced nothing else (zero evidence) from our numerous Court submitted
dockets in CAAP-24-14.

My wife and I have seen ZERO EVIDENCE that the ICA Judges/Staff Attorneys reported this
Judicial/Attorney Fraud and Wrongdoing to the Appropriate Authorities pursuant to HRCJC Rule 2.15
and HRPC 8.3 and your Staff Attorneys Dismissed this Appeal and Dismissed all Motions within this
Appeal… which again is 100% incorrect. BUT all the ICA Judges signed their names to this Order
which Constitutes Judicial Fraud and Judicial Retaliation pursuant to HRCJC Rule 2.16, which is why
we have ccd the Commission on Judicial Conduct (we have already opened an official investigation
with the Commission, see attached) and the ODC.

HOWEVER, we understand that all ICA Judges BLINDLY signed this Order, so in GOOD FAITH, we
will give you 5 days to become compliant and have provided email addresses for the other Appropriate
Authorities (see below).

Of Further Criminal Concern… is that there are grave issues and concerns of Public Safety, Public
Awareness, Public Protection, and InterState Fraud concerning the out of State Plaintiffs that have
implications beyond the immediate parties.

The Plaintiffs are running this Scheme of Fraud against our family with their attorney and American
Savings Bank’s (ASB) Attorneys of Record (Michael Scarbo of M4Law and Jonathan W.Y. Lai of
Watanabe Ing LLP) from their www.canntest.com Offices in Alaska (as reflected in Chun(Docket #718)
and Lai’s Declaration (5CCV-XX-XXXXXXX Dockets #68 and #129) for Attorney Fees which constitutes
InterState Fraud. This is obviously very concerning for tens of thousands Hawaii Residents that utilize
the Banking and Lending Offerings of ASB… but of greater concern is that if Plaintiff Mark Malagodi of
Canntest is as fraudulent in his marijuana testing as he is in the purchase of our home, Alaska Lives
may be at stake, and that’s not a chance any of us can afford to take.

We Officially Request and Demand that the ICA immediately contacts and reports the Plaintiffs’
Scheme of Fraud to the Hawaii/Alaska FBI, the Hawaii/Alaska Attorney Generals, and the Alcohol and
Marijuana Control Office (AMCO). Please be advised that the ICA and its Judges/Attorneys can and
will be held liable for not taking immediate action against an actionable threat. Please provide my wife
and I a copy of your Mandatory reports to all of these State and Federal Entities.

Other Appropriate Authorities

Hawaii Attorney General Anne Lopez anne.e.lopez@hawaii.gov
SIPD David VanAker david.m.vanacker@hawaii.gov
Office of Disciplinary Counsel info@dbhawaii.org
KPD Police Chief Rudy Tai rtai@kauai.gov
Derek Porter Director FBI Hawaii Office dkporter@fbi.gov
Rebecca Day Director FBI Alaska Office raday@fbi.gvo
Treg Taylor Alaska Attorney General treg.taylor@alaska.gov
Kevin Richard Director of AMCO amco.admin@alaska.gov
****Rule 2.15 of the Hawaii Revised Code of Judicial Conduct (HRCJC) - The verbiage of Rule
2.15 clearly issues an Imperative Command when it uses the legal term “SHALL”, which is a Non
Optional Mandatory Obligation that carries the full weight of legal authority and must be adhered to
without question and without delay. If Rule 2.15 was designed to allow State of Hawaii Judges and
Justices the personal and professional Option/Discretion to report judicial and attorney fraud and
misconduct to the appropriate authorities… it would have been written and adopted with the legal term
“MAY”. Also this Rule doesn’t state anything about jurisdiction… therefore it is an at all times, all
jurisdiction type of Rule that must mandatorily be abided by. Furthermore, Rule 2.15 doesn’t list the
authorities to report to, it simply says the authorities must be appropriate. In this matter, the
appropriate authorities are, including but not limited to, the Hawaii Office of the Attorney General, the
Hawaii Office of the FBI, KPD, the ODC, the Commission on Judicial Conduct, etc.

****Rule 8.3 of the Hawaii Rules of Professional Conduct (HRPC) - The verbiage of Rule 8.3
clearly issues an Imperative Command when it uses the legal term “SHALL”, which is a Non Optional
Mandatory Obligation that carries the full weight of legal authority and must be adhered to without
question and without delay. If Rule 8.3 was designed to allow State of Hawaii Licensed Attorneys
(including ICA Staff Attorneys) the personal and professional Option/Discretion to report judicial and
attorney fraud and misconduct to the appropriate authorities… it would have been written and adopted
with the legal term “MAY”. Also this Rule doesn’t state anything about jurisdiction… Therefore it
is and at all times, all jurisdiction type of Rule that must mandatorily be abided by and that completely
supersedes any and all client-attorney relationship. Furthermore, Rule 8.3 doesn’t list the authorities
to report to, it simply says the authorities must be appropriate. In this matter, the appropriate
authorities are, including but not limited to, the Office of the Attorney General, the FBI, KPD, the ODC,
the Commission on Judicial Conduct, etc.

We reserve the right to provide additional evidence as needed and we expect and demand that each
and every Judge/Justice involved in this Fraud, provide my wife and I full transparency, accountability,
restitution, and sincere apologies… especially since we first brought the 5th Circuit Court’s Fraud and
Public Corruption and the Subsequent Judicial/Attorney Fraud and Wrongdoing to the ICA Judges’
attention back in January 2024… and since January 2024 there have been numerous more Egregious
Violations of our Legal, Procedural, and Constitutional Rights, including but not limited to, my wife and
I being blocked from getting hearings to file pertinent Motions in the Circuit Court by Judge
Valenciano’s Court Clerk Patsy Rapozo (see her attached email)… and yet the plaintiffs’ attorney
(Judge Jonathan Chun) was wrongfully/unjustly allowed to file 2 separate motions in 2 separate
hearings… one of which Motion resulted in a signed Order by Chief Judge Soong (he replaced
Valenciano) that wrongfully/unjustly bypasses this appeal (CAAP-24-14), evicts us from our only home
(only asset/only retirement income), steals over $1,200,000.00 of our hard earned home equity, and
which your ICA Staff Attorneys reference on Page 6 of this Dismissal Order.

How much more TORTURE does the Circuit/Appellate/Supreme Court want to impose on the NICE
FAMILY ?? What the Hawaii Judiciary is doing to our low income family is ILLEGAL and
UNCONSTITUTIONAL …WTF is wrong with you people ?!

Thank you,
Cameron and Marti Nice

DATED: Kauai, Hawaii April 8, 2026

_/s/ Cameron Nice______________ _/s/ Martha Nice_________________
Cameron Nice Martha Nice
Non Movant Forced Pro Se Defendant Non Movant Forced Pro Se Defendant