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SUNAHARA v HAWAII DOH, et al. (HI CIR CT) - Complaint for Declaratory Judgment

SUNAHARA v HAWAII DOH, et al. (HI CIR CT) - Complaint for Declaratory Judgment

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Published by Jack Ryan

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Categories:Types, Research, Law
Published by: Jack Ryan on Jan 06, 2012
Copyright:Attribution Non-commercial

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12/13/2013

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GERALD H. KURASHIMA 5071-0American Savings Bank Tower, Suite 13101001 Bishop StreetHonolulu, Hawaii 96813Phone: 545-5120Attorney for Plaintiff Duncan SunaharaIN THE CIRCUIT COURT OF THE FIRST CIRCUITSTATE OF HAWAIIDUNCAN SUNAHARA,Plaintiffs,vs.DEPARTMENT OF HEALTH, STATE OFHAWAII; LORETTA FUDDY, IN HER OFFICIAL CAPACITY AS DIRECTOR OFTHE DEPARTMENT OF HEALTH,STATE OF HAWAII; JOHN DOES 1-10;JANE DOES 1-10; DOE CORPORATIONS1-10; DOE PARTNERSHIPS 1-10; ANDDOE GOVERNMENTAL ENTITIES 1-10,Defendants. ___________________________________ )))))))))))))))CIVIL NO.:[DECLARATORY JUDGMENT] COMPLAINT; SUMMONS
COMPLAINT
COME NOW Plaintiff Duncan Sunahara, by and through his attorney, Gerald H.Kurashima, and hereby files this Complaint for declaratory judgment against DefendantsDepartment of Health, State of Hawaii; Loretta Fuddy, in her official capacity as Director of theDepartment of Health, State of Hawaii, John Does 1-10, Jane Does 1-10, Doe Corporations 1-10,Doe Partnerships 1-10, and Doe Governmental Entities 1-10, and alleges and avers:1.Plaintiff Duncan Sunahara is and was at all times relevant to this Complaint, aresident of the City and County of Honolulu, State of Hawaii.2.Plaintiff Sunahara is the natural brother of Virginia Sunahara, deceased, who was born on August 4, 1961 and died on August 5, 1961. Plaintiff Duncan Sunahara and VirginiaSunahara’s natural parents are Tomio Sunahara, deceased and Clara Chung Hee Park.1
 
3.Pursuant to HRS § 26-13, Defendant Department of Health is an agency of theState of Hawaii. Upon information and belief, Defendant Loretta Fuddy is the Director of theDepartment of Health for the State of Hawaii.
4.
Defendants John Does 1-10 and Jane Does 1-10, are believed by Plaintiff to have been at all times mentioned herein, residents of the City and County of Honolulu, State of Hawaii. Defendants Doe Corporations 1-10, Doe Partnerships 1-10, and Doe GovernmentalEntities 1-10, are believed by Plaintiff to have been at all times mentioned herein, corporations, partnerships or legal entities, duly organized and existing under the laws of the State of Hawaii,doing business in the City and County of Honolulu, or are governmental agencies of the State of Hawaii.5.Defendants John Does 1-10, Jane Does 1-10, Doe Corporations 1-10, DoePartnerships 1-10, and Doe Governmental Entities 1-10, are named herein under fictitious names,for the reason that their true names, identities, and specific acts or omissions, are presentlyunknown to the Plaintiff, except that they were the agents, servants, masters, employees,employers, representatives, co-venturers, associates, vendors, suppliers, manufacturers,subcontractors or contractors of the named Defendants, and who are in some manner, responsiblefor the injuries or damages to the Plaintiff, whether in contract or in tort, and are jointly andseverally liable to the Plaintiff. Plaintiff prays for leave to insert the true names, capacities,activities or responsibilities of the unnamed Defendants when they are ascertained.6.On or about November 22, 2011, Plaintiff Sunahara requested from the State oHawaii, Department of Health, an estimate of the cost and expense to obtain a certified copy of the original Certificate of Live Birth (hereafter “Birth Certificate”) of Virginia Sunahara,deceased, pursuant to Hawaii Revised Statute § 338-13(a). The statute states in relevant part,“the department of health shall upon request, furnish to any applicant a certified copy of anycertificate, . . .” (Emphasis added).7.The Department of Health not responded to Plaintiff Sunahara’s request, and hasnot provided either an estimate of the cost to obtain the record or a copy of Virginia Sunahara’soriginal birth certificate.2
 
8.The State of Hawaii had previously provided a “computer generated abstract of  birth record” for Virginia Sunahara, and a statement that this was the only form of the birthcertificate to which Plaintiff was entitled.9.Pursuant to Hawaii law, Plaintiff Sunahara is entitled to a certified copy of theoriginal hospital generated paper Certificate of Live Birth of his deceased sister, VirginiaSunahara.FIRST CLAIM(Violation of HRS § 338-18, Public Health Statistics Act)10.As the natural brother of Virginia Sunahara, with the same parents, Plaintiff Duncan Sunahara is entitled to obtain a certified copy of her original Birth Certificate. HRS §338-18 provides in relevant part,Disclosure of Records.(b)The department shall not permit inspection of public health statisticsrecords, or issue a certified copy of any such record or part thereof, unless it is satisfiedthat the applicant ahs a direct and tangible interest in the record. The following personsshall be considered to have a direct and tangible interest in public health statistics records:. . .(5) A person having a common ancestor with the registrant. . . (Emphasisadded).11.As the natural brother of Virginia Sunahara with common parents, Plaintiff isentitled to a certified copy of the original Birth Certificate of Virginia Sunahara.12.The Court should issue a declaratory judgment in favor of Plaintiff DuncanSunahara, and order Defendant Loretta Fuddy and the State of Hawaii, Department of Health, provide a certified copy of the original hospital generated paper Certificate of Live Birth of Virginia Sunahara, deceased.SECOND CLAIM(Violation of HRS Chapter 92F, Uniform Information Practices Act (UIPA)13.Plaintiff repeats and realleges the allegations set forth in Paragraphs 1 through 12,as though fully set forth herein.3

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