Case 1:13-cv-00205-BMK-NONE Document 1 ' Filed 04/29/13 Page
of 74 PageID #: 64
ELIZABETH A. STRANCE,(4) THE HONORABLE JUDGES OFTHE CIRCUIT COURT OF THEFIFTH CIRCUIT OF THE STATE OFHAWAII, ACTING AS INDIVIDUALSIN THEIR OFFICIAL CAPACITIES:RANDAL G.B. VALENCIANO;KATHLEEN N.A. WATANABE,Judicial Defendants.
COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF
COME NOW Plaintiffs Jerry Agbannaoag, Merlita Agbannaoag, SeverinoAgbannaoag, Conchita Agbannaoag, and Cosmedin Tasani ("Agbannaoag ClassRepresentatives"), and Ke Kailani Development LLC and Michael J. Fuchs (KeKailani Class Representatives"), each and all on behalf of themselves and onbehalf of all others similarly situated, by and through their undersigned attorneys,and hereby seek declaratory and injunctive relief against post-confirmationforeclosure deficiency judgments entered and being entered in the Circuit Courts ofthe State of Hawaii, calculated using the ancient judge-made procedureschallenged herein as in violation of Federal Due Process of Law.
1. This is a Class Action Complaint brought on an emergency basis onbehalf of every past, present and future borrower and guarantor of every residential3