2008-03-17_Daniel_Johnson_v_State_Civil_06-1-0303_Defendant_County_of_Hawaii's_Motion_for_Summary_Judgment_filed_March_17_2008

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Q meets the initial burden of showing an absence of a genuine issue of material fact, "then the burden shifts to the opponent to come forward with specific facts showing that there remains a genuine issue for trial." Arimizu v. Financial Sec. Ins. Co., 5 Haw.App. 106, 110, 679 P.2d 627, 632 (1984)[citing Securities & Exchange Commission v. Murphy, 626 F.2d 633, 640 (9`h Cir. 1980)]. The opposing party may not merely rely on the allegations of his pleadings. Costa v. Able Distributor, Inc., 3 Haw.App. 486, 488, 653 P.2d 101, 104 (1982). The opposing party cannot discharge his burden by alleging conclusions nor is he entitled to a trial on the basis of a hope that he can produce some evidence at that time. Young v. Planning Commission of County of Kauai, 89 Hawaii 400, 407, 974 P.2d 40, 47 (1999). The existence of a duty owed by one party to another is entirely a question of law. Knodle v. Waikiki Gateway Hotel, Inc., 69 Haw. 376, 385, 742 P.2d 377, 383 (1987). II. ANALYSIS A. Plaintiff Daniel A. Johnson ("Plaintiff') has no ownership interest in the property. Plaintiff has pled no facts other than his unsupported statement that he is an owner of the property located at 14-3405 Oahu Road in Nanawale Estates (the "subject property"). A search of instruments recorded which affect title to the subject property shows no transfer to or from Daniel A. Johnson from 1976 to the present date. (See Declaration of Michael J. Udovic). The Bureau of Conveyances shows a Warranty Deed with Assumption of Mortgage for the subject property from Blake Townsend and Diane Townsend to Donna May Tarape recorded on or about April 1, 1997. (See Exhibit "A" attached hereto). A Quitclaim Deed to Donna May Tarape recorded January 13, 2006 from OCWEN Loan Servicing, LLC (See Exhibit "B" attached hereto) and a Mortgage recorded January 13, 2006 from Laurie Ann Bass to Donna May Tarape 2