Munoz v. Yuen

Defendant-appellee State of Hawaii 1 has moved to strike portions of the opening brief of Plaintiff-appellant Peter Munoz (Appellant). The precise issue before us is whether depositions on file in the case but not brought to the trial court’s attention in connection with a motion for summary judgment can be considered by the appellate court in determining whether the award of summary judgment was proper.

The State argues the depositions of Larry Walter and Brian Dellaport and a decision of the Referee for Unemployment Insurance Appeals were not called to the attention of the trial court, and…