Lady Enoka Archives

One Question. One Page. One File.

Table Talk

Am I representing myself ?

You may not want to hear this, but you might be representing yourself. Thats called Pro Se.

When I first heard those words, i didn’t know what to think. After working alongside our defense team for five years, my answer is simple: if you can afford an attorney who specializes in real property and land cases, HIRE ONE!. Not just any attorney someone experienced in the type of case you’re facing.

But if you have to become a self-litigant, understand that this is more than a court case. It becomes a filing journey.

Understanding your legal role is one of the first steps in understanding the case.

Every page contains information, and statements that places you to understand in protecting your interest.

Table Talk : Ohana Defense Team

Long-term Goal

Why do we have to set up one goal? I mean, we all know about the court right? Yes, and No!

So, what is the goal?

Genealogist goal - Our goal is simple… don’t lose who you are.”

The Nurse - To protect life, comfort those who are suffering , and help families heal in body, mind and heart.

The Reverend - To care for the spirit, encourage hope, and remind people that compassion and integrity matter even during hardship.

The Community Leader - make sure you guys got paper work! what’s the hold up.? My strength is the community helping the families understand, to participate and care for one another during difficult times.

The School Teacher - to inspire curiosity, teach critical thinking , and help children connect what they learn to everyday life.

The Archaeologist - Preserve evidence of the past and place every story in its historical context! what evidence remains and what can it teach us.?

The Human Service - Maybe i can set something up for therapy? what? now we going to therapy?

The Neighbor - (street reporter) Sorry for being late. I was stuck in traffic and guess who I saw? ummmmm your in a meeting! but who did you see? Aunty aunty!

The Scientist - What am I testing? hold on ask the archaeologist? yeah, I uncover the evidence. “Good… then I test its origin.” test composition, age, DNA if any…Now I have something to work with.”

Cybersecurity - jumps in “hold on…” Where are the records stored?” “who’s allowed to change them?” “How do we know they’re authentic?”

And I’m the Secretary / Archivist - Did anyone write all this down? yea the neighbor said she had one pen. What?

Scientist - I didn’t write anything, I was waiting for the archaeologist.

it’s time to eat! meeting adjourn hold on…let me take roll call!

Lady Enoka

Table Talk

Federal

Common Law Principles ( Heirship Rights).

Tenancy in Common - Heirs share ownership together

Due Process Rights - Proper notice opportunity to respond required. (Not all heirs were notified at the time of sale).

Equity Principles - Courts avoid unfair enrichment or oppression.

Inheritance rights - Descendants retain inheritable interests unless lawfully extinguished

Fiduciary Fairness - Courts expected to act fairly toward absent or vulnerable heirs.

Table Talk

This is getting harder by the minute. Yes, hang in there

The Formal Language

“The Complaint fails to state a claim against Defendant upon which relief may be granted”

What does this means?

This is a Rule 12(b)(6) style defense under the Hawaii’s Rules of Civil Procedure:

• This rule 12(b)(6) - style defense. It argues that even if the factual allegations in the Complaint were assumed to be true, the Complaint still does not state a legally sufficient claim for the Court to grant the relief requested.

In other words,

You can say “failed to state legally sufficient claim.” (Commercial developers forcing the court to clear titles of heirs undivided interests).

Table Talk

Am I an heir? yeah, that’s what my mother told me. (noted) ….on the island of the dispute (where land is located) what?

I have to fill out Probate! this is complicated…No its not…this process verifies you as the heir legally… if adopted / Hanai Proof of adoption is needed.

I just got enough to pay for my birth certificate… that’s good! add to your packet your building.

Table Talk

State

Hawaiian Cultural /Customary Rights

Hawaii Constitution Article XII7 - Protect traditional and customary Native Hawaiian rights.

Hawaiian Custom as Common Law - Hawaiian custom recognized where not contrary to law

Kuleana - Kuleana Stewardship - Responsibility to aina, burial, genealogy.

Mo’oku’auhau standing - Genealogy as continuity and identity

Table Talk

The First Defense

The Plaintiff’s claims should be denied because they fail to establish the legal basis for overriding the Defendants’ genealogical interest, proper probate standing and ancestral tenancy rights. The Plaintiff bears the burden of proving each element of its claims under applicable law.

The Second Defense

Deny every allegation that is not expressly admitted.

This preserves the Defendants; legal rights and prevents the courts from treating any allegation as admitted simply because it was not specifically addressed.

The first defense identify the substantive issue. The second defense explains the procedural protection of denying unadmitted allegations.

✓ You have identified the summons.
✓ You have recorded your deadlines.
✓ You have started your probate file.

Take a moment. You’re making progress.

Turn the page.

l

This art is a memory of the Garden Beneath the Tide. When I paint what is ordinary observation becomes something remembered, preserved, and aligns with our Life as a Native Hawaiian.

Table talk

“I thought heirs were part of the development…or not? So then what is my role?”

Many heirs assume they were part of every decision involving the property. Read the complaint carefully. Did you participate in development? Did you vote on commercial property? Or is your role simply that of an heir with an undivided inherited interest ? Understanding your legal role is one of the first steps in understanding the case.

Table talk

Question asked:

Do you have full and complete authority over title?

Why does this question matter?

• what does “full” mean?

• what does “complete” mean?

• what does “authority” mean?

• What does “title” refer to in this context?

  You just started your vocabulary file…

  Those aren’t just ordinary words they are legal terms that can carry specific meanings. Before answering , a careful reader asks whether the premise of the question has been established.

  Before answering a question, understand the question.