A hearing on the possible eviction of former longtime employees of Campbell
Estate heiress Abigail Kawananakoa from their Pearl City home will take place this week after being delayed.
Per diem District Court Judge Steven Hartley on Thursday recused himself from the case after it was disclosed he had represented David Kawananakoa, a cousin of Abigail Kawananakoa, in the past.
A new judge will be assigned to the case when
it’s heard again at 9:30 a.m. Thursday in the Ewa Division District Court.
The proposed eviction
involves the family of Kawananakoa’s former housekeeper and driver. They claim Kawananakoa gave them their house as a gift
in 2016 to prevent them from quitting and moving
to the mainland.
Thongbay Smart worked for 32 years as a live-in maid and cook for Kawananakoa, while Mark Smart worked as her driver and gardener for 19 years. Their daughters, Samantha Michel and Ashley Thairathom, who were named in the “ejectment complaint,” worked for Kawananakoa as well.
This week’s hearing will address a motion to dismiss the complaint on grounds that the District Court does not have jurisdiction. The
title of the Hoohiki Street property is in question, with the Smarts having filed a complaint in Circuit Court declaring their claims to quiet title, according to the motion.
The Smarts have also joined a separate court case that is sorting out the future of the $215 million Kawananakoa living trust. The court is trying to figure out whether the 92-year-old is mentally capable of making decisions about the trust following a debilitating stroke one year ago.
Thongbay and Mark Smart are among a handful of secondary beneficiaries named in the trust, and they aim to protect their interests under the law, said their attorney, Megan Kau.
As for the attempted
eviction, the motion points out that the probate court deemed Kawananakoa mentally incompetent, at least for the time being, making her authorization of the
May 7 attempt to reclaim
the home dubious, Kau said.
In court Thursday, Kawananakoa was clearly overheard asking her attorney why she was even there, Kau said.
“If I had a client who was not competent to testify, I would try to prevent her from testifying and move on,” Kau said.
If the motion is denied, the case will go to trial and Kawananakoa will be asked to testify, she said.
