Malagodi v. Nice

NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 17-APR-2026 08:22 AM Dkt. 210 ODMR NOS. CAAP-XX-XXXXXXX AND CAAP-XX-XXXXXXX IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI‘I MARK MALAGODI and JANET JOHNSTON, Plaintiffs/Counterclaim Defendants-Appellees, v. CAMERON E. NICE, MARTHA J. JACOBSEN, aka MARTHA J. JACOBSON- NICE, Defendants/Counterclaimants-Appellants, and MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., as nominee for AMERICAN SAVINGS BANK, F.S.B., a Federal Savings Bank, Defendant-Appellee, and JOHN DOES 1-20, JANE DOES 1-20, DOE PARTNERSHIPS 1-20, DOE CORPORATIONS 1-20, and DOE ENTITIES 1-20, Defendants APPEAL FROM THE CIRCUIT COURT OF THE FIFTH CIRCUIT (CASE NO. 5CCV-XX-XXXXXXX) ORDER DENYING MOTION FOR RECONSIDERATION AND NOTICE OF EX PARTE COMMUNICATION (By: Nakasone, Chief Judge, Hiraoka, and Guidry, JJ.) Upon review of self-represented Defendants-Appellants Cameron E. Nice and Martha J. Jacobsen aka Martha J. Jacobsen- Nice's (the Nices) "Notice – ICA Judicial Fraud and Mistakes, Misadvertence, Negligence and Fraud by ICA Staff Attorneys" NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER received by the appellate clerk on April 13, 2026, which is construed as a motion for reconsideration (Motion), the papers in support, and the record, it appears that the Nices fail to demonstrate a point of law or fact that the court overlooked or misapprehended in the April 7, 2026 summary disposition order. See Hawai‘i Rules of Appellate Procedure Rule 40(b). Therefore, IT IS HEREBY ORDERED that the Motion is denied. IT IS FURTHER ORDERED that the Nices are instructed to cease engaging in ex parte communications with the court. The attached ex parte communication was received via email on April 8, 2026 from senders who identified themselves as the Nices. IT IS FURTHER ORDERED that the appellate clerk shall provide a copy of this order to the supreme court clerk.1 DATED: Honolulu, Hawai‘i, April 17, 2026. /s/ Karen T. Nakasone Chief Judge /s/ Keith K. Hiraoka Associate Judge /s/ Kimberly T. Guidry Associate Judge 1 We take judicial notice that in SCPW-XX-XXXXXXX, the Hawai‘i Supreme Court stated the Nices "are ordered to immediately cease sending emails to any judge or justice. Any further email to the court will be considered a violation of this order and may result in sanctions." Nice v. Valenciano, No. SCPW-XX-XXXXXXX, Dkt. 36, at 17 (Haw. May 13, 2025) (Order). 2 TO: ICA Judge Kimberly Guidry 417 South King St. Honolulu, HI 96813 TO: Chief and Administrative Justice Sabrina Mckenna 417 South King St. Honolulu, HI 96813 TO: Court Administrator Brandon Kimura 417 South King St. Honolulu, HI 96813 Judge Karen Nakasone, Judge Keith Hiraoka, Judge Kimberly Guidry, RE: NOTICE 1 - Incorrect and/or Fraudulent Dismissal of CAPP-XX-XXXXXXX NOTICE 2 - Mistakes, Misadvertence, Negligence, and Fraud by ICA Staff Attorneys that needs to be MANDATORILY (not optional/not discretional) addressed/corrected by the Chief and Administrative Judge of the ICA and/or the Chief and Administrative Justice of the Hawaii Judiciary (Justice McKenna ccd) and/or the Court Administrator (Brandon Kimura ccd) NOTICE 3 - ICA Judicial Fraud, HRCJC Rule 2.15 Non-Compliance, and ICA Judicial Retaliation pursuant to HRCJC Rule 2.16 by Judge Nakasone, Judge Hiraoka, and Judge Guidry. The ICA Judges and ICA Staff Attorneys are Egregiously Violating our Legal, Procedural, and Constitutional Rights. Please be advised that Judicial Immunity only covers Discretional Judicial actions/inactions and not Mandatory Administrative actions/inactions. Please Immediately Sua Sponte (and within 5 Days) correct all matters in these 3 Notices and our Legal Directives below. We can file the appropriate Motions for Reconsiderations and Petitions of Writ if needed for the Judicial Non-Administrative Mandatory Matters, but time is of the essence and everyday, every hour and every minute that the ICA and the Hawaii Judiciary waits…causes our low income family further Irreparable Harm* *Irreparable Harm Our Kauai Family has been irreparably financially, psychologically, and emotionally harmed and in regards to my wife (Marti Nice) irreparable physically harmed because after being in Remission from Leukemia for many years, her Lymphocytes recently and unexpectedly increased which means her Leukemia might be coming back. We are officially requesting the Judges of the ICA to provide us a Confidential Manner to submit these Pathological Findings to the Court. ————— NOTICE 1 & 2 Judges of the ICA, we Strongly Suggest you review Orders drafted by your Staff Attorneys prior to signing your name to them. Your Staff Attorneys Dismissal Argument, which is entirely based on the Plaintiffs Answer to our Opening Brief is completely wrong, prejudiced, biased, and against the weight of evidence. The Forgay Doctrine, numerous case precedents, and the issue of Lack of Jurisdiction that they reference in accordance with the Plaintiffs’ Argument are moot and irrelevant… and yet your Staff Attorneys officially declared that the Plaintiffs arguments/challenges “have merit”. WHY ?? BECAUSE… the ICA Judges/Staff Attorneys must 1st investigate whether the Circuit Court Orders in Question were done Procedurally Correct** and whether the Record on Appeal** submitted by the Circuit Court was accurate…which (as we referenced numerous times in CAAP-24-14 and we also requested to expose in oral arguments) they weren’t, which renders these Orders Automatically Void (Relief of Judgment HRCP Rule 60), Warrants Immediate Granting of our Appeal by the ICA, and Constitutes Fraud Upon the Circuit and ICA Courts . We are not sure why you chose to ignore the evidence, but since the ICA Staff Attorneys Dismissal Argument is entirely based on the Plaintiffs’ Attorney (Kauai Per Diem Judge Jonathan Chun) Argument, we are forced to assume they did it to prejudicially and biasedly help him (their State of Hawaii coworker) win this Appeal Dismissal so that his clients can keep illegally charging us $1,500.00 a day (over $900,000 already and growing) and Judge Chun could charge us his attorney fees (over $120,000.00 already and growing). ** Procedurally Incorrect Contempt of Court Order and Fraudulent Record on Appeal - As we explained numerous times to the ICA and provided admissible evidence to support our position… we filed a Notice of Appeal(CAAP-XX-XXXXXXX) into the Circuit Court (Docket #519) and that Notice was wrongfully and against our legal directives changed to a Motion by Legal Docs Supervisor Christine Delacruz and she illegally signed our names to this Motion and illegally assigned a Court hearing to it (Docket#521). Again, we authorized none of this and please verify/validate this with the Circuit Court Docket Summary (attached) and with the 5th Circuit Court Document Supervisor ([email protected]), she internally reviewed the Court docket submission and provided us verbal confirmation that she can verify/validate that it wasn’t us that filed this Motion and Hearing. Lisa will tell you the truth in these matters. This Absolutely Constitutes Fraud and Wrongdoing… and yet your Staff Attorneys wrongfully cited this Motion for Reconsideration 5 Times in this Dismissal Order (see attached), which aids and abets the Plaintiffs' Civil and Criminal Fraud (§708-835.65) against our low income family. Then the Plaintiffs Moved up their Contempt of Court Motion into this non sanctioned non authorized hearing through an Ex Parte Motion(Docket#529), which only gave us 2 days to submit a Memorandum in Opposition. Two days to respond to such a serious Motion would be hard for an accomplished attorney, but completely impossible for Non Movant Forced Pro Se Defendants like Marti and I. We immediately in writing (Court dockets) informed the Circuit Court/Judge Valenciano as well as the plaintiffs attorney (Kauai Per Diem Judge Jonathan Chun) and our Co-Defendants’ Attorney (Kauai Per Diem Judge Michael Scarbo) that these were mistakes, misadvertence, negligence, and fraud of Christine Delacruz and we requested the Chief and Administrative Judge Valenciano (the Presiding Judge of our case) to Administratively address and correct these mistakes and cancel this hearing as he is MANDATORILY (not optional/not discretional) required to. Judge Valenciano who was going through some emotional/mental problems and was not of sound mind*** completely ignored us (as did Judge Chun and Judge Scarbo) and they held this hearing anyways. In this non sanctioned non authorized hearing, not only did Judge Valenciano illegally hold us in contempt of court and illegally charge us $1,500.00 a day… he also awarded another $50,000.00 to the plaintiffs for septic repairs that we had already completed prior to this frivolous litigation by the plaintiffs and which we had provided the Court overwhelming admissible evidence of (pictures, videos, receipts, etc). Our Co-Defendant (American Savings Bank) attorney filed a Position to help the plaintiffs in this illegal court hearing and signed this corrupt order to insure that the bank was put in 1st position on the theft of our home equity… and Judge Chun actually orally thanks Judge Scarbo for his help in these Criminal Matters, as proven by Court Video of our November 16, 2023 Court Hearing. ***Chief and Administrative Judge Randal Valenciano was not of Sound Mind - In September 2025, Chief Judge Valenciano quietly retired after 18 years of service and with 2 years left on his contract. There was no fanfare, no celebration, no public acknowledgment… and Judge Valenciano left the Court that he loved without a Circuit Court Judge… the only other Circuit Court Judge (Judge Kathleen Watanabe) had just retired in August. Kauai is small and we personally know and love the Valenciano family (we have dinners with his sister, brother in law and their family)… and we know for a fact that Judge Valenciano would never leave his Court shorthanded like this, nor would he give up on over $450,000.00 in salary. Judge Valenciano was a good Judge… but he SNAPPED due to the stress of the job and due to the Sexual Predator charges (Rosa vs Valenciano 1:23-cv-00315-JAO-WRP) which were going on at the exact same time of our circuit court case and which the State of Hawaii paid $90,000 in hush money. We also filed two separate Motions to Recuse and Disqualify him (Dockets #163 and #403), a Motion for him to abide by all the HRCJC Rules(Docket #631), as well as numerous other Motions to Dismiss and Vacate his INSANE and unjust Orders, including the Summary Judgment Order (where Hawaii Life Brokerage’s Attorney Judge Robert Goldberg illegally blocked our Hawaii Life realtors from providing an affidavit for our defense but allowed the plaintiffs Hawaii Life realtor Court submit a perjured affidavit under a Dual Agency Contract) and the Vexatious Litigant Motion/Order put forth by ASB…but he wrongfully denied all motions, which further proves he was not of sound mind. We gave him every possible opportunity to amend these corrupt orders… but he was already emotionally/mentally incapacitated to understand right from wrong. We also officially requested him (over 30 times) to Administratively Correct all the mistakes, misadvertence, negligence, and fraud of his 3 Kauai Per Diem Judges/Attorneys that are party to our case and 3 5th Circuit Court Judicial Employees… but he completely ignored us, which further proves his mental, judicial, and administrative incapacities. —————- NOTICE 3 We are not “self-represented Defendants-Appellants” as your Staff Attorneys described, we are Forced Non Movant Pro Se Defendants/Appellants thanks to the not sound of mind Chief and Administrative Judge Randal Valenciano and the Torkildson Katz Law Corporation. My wife and I didn’t choose to remain Pro Se, that choice was wrongfully/illegally stolen from us by Chief Judge Randal Valenciano and the Torkildson Katz Law Corporation on January 12, 2023. Please refer to the 359 pages of admissible evidence we provided Judge Valenciano to not release these TK attorneys (Docket#116) and the INSANE actions/inactions of Judge Valenciano in our January 12, 2023 Court hearing… where he released our attorneys first and then made us defend ourselves (5 minutes later) without legal representation in the Plaintiffs Motion to Enforce Summary Judgment. No SANE Judge on the planet would do this, and the 2 Torkildson Katz Attorneys (Ron Heller and Jacob Kamstra) that flew over from Oahu charged us big money, kept all of our retainer, and we haven’t been able to afford attorneys since then. We made the ICA Court abundantly aware of this numerous times that we didn’t choose to remain Pro Se and provided overwhelming admissible evidence to the ICA to support our position. We also Officially Advised and Requested the ICA Court numerous times that we needed our Attorneys back to file our Opening Brief… and the only way we would get our attorneys back (or our money back for new attorneys) would require the Judges of the ICA and/or the Licensed in Hawaii ICA Staff Attorneys to abide by HRCJC Rule 2.15**** and HRPC Rule 8.3**** respectively. We even filed Motion(Docket #80), a Motion for Reconsideration(Docket #95), and a Petition of Writ SCPW-24- 0000330 to Compel the ICA Judges to abide by this Mandatory All Jurisdictional Rule****… but your staff attorneys wrongfully denied our motions and cited lack of jurisdiction… which is 100% incorrect, because this Rule doesn’t state anything about Jurisdiction and is therefore all jurisdictional. AND… in the Dismissal Order, all your Staff Attorneys had the nerve to say was that our “Opening Briefs substantially fail to comply with Hawaii Rules of Appellate Procedure HRAP Rules 10, 28(b)(4) and (b)(7)”… and they referenced nothing else (zero evidence) from our numerous Court submitted dockets in CAAP-24-14. My wife and I have seen ZERO EVIDENCE that the ICA Judges/Staff Attorneys reported this Judicial/Attorney Fraud and Wrongdoing to the Appropriate Authorities pursuant to HRCJC Rule 2.15 and HRPC 8.3 and your Staff Attorneys Dismissed this Appeal and Dismissed all Motions within this Appeal… which again is 100% incorrect. BUT all the ICA Judges signed their names to this Order which Constitutes Judicial Fraud and Judicial Retaliation pursuant to HRCJC Rule 2.16, which is why we have ccd the Commission on Judicial Conduct (we have already opened an official investigation with the Commission, see attached) and the ODC. HOWEVER, we understand that all ICA Judges BLINDLY signed this Order, so in GOOD FAITH, we will give you 5 days to become compliant and have provided email addresses for the other Appropriate Authorities (see below). Of Further Criminal Concern… is that there are grave issues and concerns of Public Safety, Public Awareness, Public Protection, and InterState Fraud concerning the out of State Plaintiffs that have implications beyond the immediate parties. The Plaintiffs are running this Scheme of Fraud against our family with their attorney and American Savings Bank’s (ASB) Attorneys of Record (Michael Scarbo of M4Law and Jonathan W.Y. Lai of Watanabe Ing LLP) from their www.canntest.com Offices in Alaska (as reflected in Chun(Docket #718) and Lai’s Declaration (5CCV-XX-XXXXXXX Dockets #68 and #129) for Attorney Fees which constitutes InterState Fraud. This is obviously very concerning for tens of thousands Hawaii Residents that utilize the Banking and Lending Offerings of ASB… but of greater concern is that if Plaintiff Mark Malagodi of Canntest is as fraudulent in his marijuana testing as he is in the purchase of our home, Alaska Lives may be at stake, and that’s not a chance any of us can afford to take. We Officially Request and Demand that the ICA immediately contacts and reports the Plaintiffs’ Scheme of Fraud to the Hawaii/Alaska FBI, the Hawaii/Alaska Attorney Generals, and the Alcohol and Marijuana Control Office (AMCO). Please be advised that the ICA and its Judges/Attorneys can and will be held liable for not taking immediate action against an actionable threat. Please provide my wife and I a copy of your Mandatory reports to all of these State and Federal Entities. Other Appropriate Authorities Hawaii Attorney General Anne Lopez [email protected] SIPD David VanAker [email protected] Office of Disciplinary Counsel [email protected] KPD Police Chief Rudy Tai [email protected] Derek Porter Director FBI Hawaii Office [email protected] Rebecca Day Director FBI Alaska Office [email protected] Treg Taylor Alaska Attorney General [email protected] Kevin Richard Director of AMCO [email protected] ****Rule 2.15 of the Hawaii Revised Code of Judicial Conduct (HRCJC) - The verbiage of Rule 2.15 clearly issues an Imperative Command when it uses the legal term “SHALL”, which is a Non Optional Mandatory Obligation that carries the full weight of legal authority and must be adhered to without question and without delay. If Rule 2.15 was designed to allow State of Hawaii Judges and Justices the personal and professional Option/Discretion to report judicial and attorney fraud and misconduct to the appropriate authorities… it would have been written and adopted with the legal term “MAY”. Also this Rule doesn’t state anything about jurisdiction… therefore it is an at all times, all jurisdiction type of Rule that must mandatorily be abided by. Furthermore, Rule 2.15 doesn’t list the authorities to report to, it simply says the authorities must be appropriate. In this matter, the appropriate authorities are, including but not limited to, the Hawaii Office of the Attorney General, the Hawaii Office of the FBI, KPD, the ODC, the Commission on Judicial Conduct, etc. ****Rule 8.3 of the Hawaii Rules of Professional Conduct (HRPC) - The verbiage of Rule 8.3 clearly issues an Imperative Command when it uses the legal term “SHALL”, which is a Non Optional Mandatory Obligation that carries the full weight of legal authority and must be adhered to without question and without delay. If Rule 8.3 was designed to allow State of Hawaii Licensed Attorneys (including ICA Staff Attorneys) the personal and professional Option/Discretion to report judicial and attorney fraud and misconduct to the appropriate authorities… it would have been written and adopted with the legal term “MAY”. Also this Rule doesn’t state anything about jurisdiction… Therefore it is and at all times, all jurisdiction type of Rule that must mandatorily be abided by and that completely supersedes any and all client-attorney relationship. Furthermore, Rule 8.3 doesn’t list the authorities to report to, it simply says the authorities must be appropriate. In this matter, the appropriate authorities are, including but not limited to, the Office of the Attorney General, the FBI, KPD, the ODC, the Commission on Judicial Conduct, etc. We reserve the right to provide additional evidence as needed and we expect and demand that each and every Judge/Justice involved in this Fraud, provide my wife and I full transparency, accountability, restitution, and sincere apologies… especially since we first brought the 5th Circuit Court’s Fraud and Public Corruption and the Subsequent Judicial/Attorney Fraud and Wrongdoing to the ICA Judges’ attention back in January 2024… and since January 2024 there have been numerous more Egregious Violations of our Legal, Procedural, and Constitutional Rights, including but not limited to, my wife and I being blocked from getting hearings to file pertinent Motions in the Circuit Court by Judge Valenciano’s Court Clerk Patsy Rapozo (see her attached email)… and yet the plaintiffs’ attorney (Judge Jonathan Chun) was wrongfully/unjustly allowed to file 2 separate motions in 2 separate hearings… one of which Motion resulted in a signed Order by Chief Judge Soong (he replaced Valenciano) that wrongfully/unjustly bypasses this appeal (CAAP-24-14), evicts us from our only home (only asset/only retirement income), steals over $1,200,000.00 of our hard earned home equity, and which your ICA Staff Attorneys reference on Page 6 of this Dismissal Order. How much more TORTURE does the Circuit/Appellate/Supreme Court want to impose on the NICE FAMILY ?? What the Hawaii Judiciary is doing to our low income family is ILLEGAL and UNCONSTITUTIONAL …WTF is wrong with you people ?! Thank you, Cameron and Marti Nice DATED: Kauai, Hawaii April 8, 2026 _/s/ Cameron Nice______________ _/s/ Martha Nice_________________ Cameron Nice Martha Nice Non Movant Forced Pro Se Defendant Non Movant Forced Pro Se Defendant