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IN THE CIRCUIT COURT OF THE THIRD CIRCUIT <br /> STATE OF HAWAII <br /> DANIEL A. JOHNSON, CIVIL NO. 06-1-0303 <br /> Plaintiff, <br /> MEMORANDUM IN SUPPORT <br /> vs. OF MOTION <br /> STATE OF HAWAII; COUNTY OF <br /> HAWAII; PETER MACDONALD, <br /> KAREN MAYS; RUTH FORBES; ALVINA <br /> KAHOONEI; MARIA MILLER; AND <br /> JOHN DOES 1-50. <br /> Defendants. <br /> MEMORANDUM IN SUPPORT OF MOTION <br /> I. STANDARD FOR SUMMARY JUDGMENT <br /> Rule 56(c) of the Hawaii Rules of Civil Procedure ("HRCP") provides that <br /> summary judgment shall be "rendered forthwith" if. <br /> [T]he pleadings, depositions, answers to interrogatories, and admission on file, <br /> together with the affidavits, if any, show that there is no genuine issue as to any <br /> material fact and that the moving party is entitled to a judgment as a matter of <br /> law. <br /> A fact is material if proof of that fact would have the effect of establishing or refuting one <br /> of the essential elements of a cause of action or defense asserted by the parties. The evidence <br /> must be viewed in the light most favorable to the non-moving party. Hawai`i Community <br /> Federal Credit Union v. Keka, 94 Hawaii 213, 221, 11 P.3d 1, 9 (2000). <br /> The moving party has the initial burden of demonstrating that if the case went to trial, <br /> there would be no competent evidence to support a judgment for his opponent. See First <br /> Hawaiian Bank v. Weeks, 70 Hawaii 392, 396, 772 P.2d 1187, 1190 (1989). If the moving party <br />