Opinion
No. 27439
November 6, 2007.
APPEAL FROM THE FIRST CIRCUIT COURT (CIV. NO. 03-1-2075)
Steven K.S. Chung and Lauren A. Stern (Steven Chung and Associates LLLC) on the motion for Defendants-Appellants.
Sidney K. Ayabe, Gail M. Kang, and Edmund K.U. Yee (Ayabe Chong Nishimoto Sia Nakamura) on the motion for Third-Party Defendants-Appellees.
ORDER RE: MOTIONS FOR RECONSIDERATION AND ORDER OF AMENDMENT
Upon consideration of the motions for reconsideration filed by Defendants-Appellants LWC IV Corporation, dba Eastern Garden Chinese Seafood Restaurant, Lawrence Chan and Linda Chan (collectively, Defendants) and Third-Party Defendants-Appellees John E. Kobayashi and VIP Investments, Inc. (collectively, Third-Party Defendants) the attachments thereto, and the record, IT IS HEREBY ORDERED that the Defendants' motion is granted and the memorandum opinion filed on September 27, 2007 is amended as follows (deleted material is bracketed and new material is double underscored):
Lines 20-24 from the top of page 46: not in fact raised below. [Assuming arguendo that a claim for unfair competition includes a claim for tortious interference with contractual relations, we concluded supra that the court did not abuse its discretion in denying Defendants' motion for leave to amend their Third-Party Complaint to raise a claim for unfair competition under HRS § 480-2 against TPDs.] Even if the court had allowed Defendants to amend their Third-Party Complaint to include the claim for unfair trade practices, it would not have been sufficient to implicitly raise a claim for tortious interference with a contractual relationship. See Robert's Waikiki U-Drive, Inc. v. Budget Rent-A-Car Sys., Inc. , 491 F. Supp. 1199, 1227 (D.Haw. 1980) (setting forth the expansive definition of "unfair practices" under HRS § 480-2 and applicable federal authorities (quoting F.T.C. v. Sperry Hutchinson Co. , 405 U.S. 233, 244-45 n. 5 (1972) (citation omitted))); compare Lee , 85 Hawai'i at 32, 956 P.2d at 668 (setting forth the elements of tortious interference with contractual relations (citation omitted)). Accordingly,
The Clerk of the Court is directed to incorporate the foregoing changes in the original memorandum opinion and take all necessary steps to notify the publishing agencies of these changes.
IT IS FURTHER ORDERED that Third-Party Defendants' Motion for Reconsideration is denied.