Wang v. Zhao
CourtHawaii Intermediate Court of Appeals
Date FiledOctober 29, 2026
DocketCAAP-25-0000663
StatusPublished
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Full Opinion
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Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
29-OCT-2026
11:20 AM
Dkt. 70 SO
NO. CAAP-XX-XXXXXXX
IN THE INTERMEDIATE COURT OF APPEALS
OF THE STATE OF HAWAIʻI
JUE WANG, Plaintiff-Appellant,
v.
YAN ZHAO; HAI WANG, Defendants-Appellees, and
JOHN DOES 1-10; JANE DOES 1-10; and DOE ENTITIES 1-10,
Defendants.
APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT
(CASE NO. 1CCV-XX-XXXXXXX)
SUMMARY DISPOSITION ORDER
(By: Hiraoka, Presiding Judge, Wadsworth and Gluck, JJ.)
Plaintiff-Appellant Jue Wang (Jue) appeals from the
September 24, 2025 Final Judgment of the Circuit Court of the
First Circuit (Circuit Court). 1 Jue brought claims for fraud and
unjust enrichment against Defendants-Appellees Yan Zhao (Yan)
and Hai Wang (Hai). The Circuit Court granted Yan's motion to
dismiss (MTD) as to the fraud claim; granted Yan's motion for
summary judgment (MSJ) as to the unjust enrichment claim; and
awarded Yan attorney's fees for defending against the unjust
enrichment claim. Jue's appeal challenges all three rulings.
The Circuit Court also entered default judgment against Hai and
1 The Honorable Jordan J. Kimura presided.
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awarded Jue attorney's fees, but the Circuit Court awarded less
in fees than Jue had requested and denied Jue's request for pre-
judgment interest. Jue's appeal challenges these two rulings as
well. We consolidate Jue's points of error as follows: she
argues that the Circuit Court erred in (1) granting the MTD as
to Jue's fraud claim; (2) granting the MSJ as to Jue's unjust
enrichment claim; (3) awarding attorney's fees to Yan; and
(4) denying prejudgment interest and awarding too little in
attorney's fees in her default judgment against Hai.
After reviewing the record on appeal and the relevant
legal authorities, and giving due consideration to the issues
raised and the arguments advanced by the parties, we resolve
Jue's points of error as follows, and affirm.
(1) The Circuit Court did not err in granting the MTD
as to Jue's fraud claim. "The elements of fraud are: (1) false
representations made by the defendant; (2) with knowledge of
their falsity (or without knowledge of their truth or falsity);
(3) in contemplation of plaintiff's reliance upon them; and (4)
plaintiff's detrimental reliance." Miyashiro v. Roehrig,
Roehrig, Wilson & Hara, 122 Hawaiʻi 461, 482–83, 228 P.3d 341,
362–63 (App. 2010). Additionally, Hawaiʻi Rules of Civil
Procedure (HRCP) Rule 9(b) (eff. 2000) requires that "[i]n all
averments of fraud or mistake, the circumstances constituting
fraud or mistake shall be stated with particularity." Jue's
First Amended Complaint (FAC) avers that Yan falsely stated that
she (Yan) was from a wealthy family, that Yan purchased her home
with cash, and that Yan and her "husband" Hai were United States
residents through the EB-5 investment program. Jue avers that
Yan asked Jue to take a phone call from Yan's "dear 'husband,'"
and that Hai asked Jue for a loan (which Jue provided, and which
Hai did not fully repay). Even if Yan's statements regarding
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her family's wealth and her marital status were knowingly false,
however, Jue's FAC did not allege with particularity that she
detrimentally relied on those statements to lend money to Hai.
Because detrimental reliance is an essential element of a claim
of fraud, the Circuit Court did not err in dismissing Count I as
against Yan. See Larsen v. Pacesetter Sys., Inc., 74 Haw. 1,
31, 837 P.2d 1273, 1288-89 (1992) (ruling against the
plaintiff's claims of fraud because "the complaint neglected to
allege detrimental reliance").
(2) The Circuit Court did not err in granting the MSJ
as to the unjust enrichment claim. In her declaration in
support of her MSJ, Yan declared that she "never received,
accepted, or benefitted from any of the loan proceeds allegedly
given by [Jue] to [Hai]." This satisfied Yan's initial burden
under HRCP Rule 56 (eff. 2000). In response, Jue's affidavit
admitted that she had no evidence with which to contest Yan's
assertions: "[Jue] is unable to file an affidavit opposing the
MSJ for Unjust Enrichment claim as it is true that no direct
evidence at this time to establish [Yan's] liability under
Unjust Enrichment/Restitution claim[.]" This affidavit
demonstrates that Jue cannot satisfy an essential element of her
claim for unjust enrichment, and summary judgment was
appropriate.
(3) The Circuit Court did not err in awarding
attorney's fees to Yan as to Jue's claim for unjust enrichment.
Jue's claim for unjust enrichment is in the nature of assumpsit,
and to the extent Jue argues to the contrary, her argument is
without merit. As this court explained in Porter v. Hu, 116
Hawai‘i 42, 59, 169 P.3d 994, 1011 (App. 2007):
There exists no inherent conflict between an unjust
enrichment award and a finding that the claim it is based
on sounds in assumpsit. Assumpsit embraces quasi-
contractual remedies such as unjust enrichment; therefore,
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it is not inconsistent to press an unjust enrichment claim,
while noting that it arises in the nature of assumpsit, and
contract and tort claims. The circuit court committed no
error by allowing Plaintiffs to recover on unjust
enrichment while considering the claim to be in the nature
of assumpsit.
(Emphasis added.) Accord Hong v. Kong, 5 Haw. App. 174, 183,
683 P.2d 833, 841 (App. 1984) ("From its inception as a form of
action for breach of simple contract, assumpsit also evolved as
a vehicle for recovery in quasi contract, basically to deprive
the defendant of an unjust enrichment. Indeed, assumpsit will
lie upon a promise implied by law, which arises to prevent one
man from being inequitably enriched at another's expense."
(cleaned up)). Jue argues that the Circuit Court failed to
separate Yan's defense of the unjust enrichment claim (for which
attorneys' fees are authorized) from her defense of the fraud
claim (for which they are not). Yet the record indicates that
Yan requested total fees and costs of $35,984.04, which excluded
$6,722.51 in fees ($6,420.00 plus General Excise Tax)
attributable to her defense of the fraud claim, and the Circuit
Court further reduced the requested fees to $19,045.83. The
Circuit Court expressly ruled that "the Court declines [Yan's]
request for attorney's fees as to [Jue's] fraud claim[.]" Jue
has not demonstrated any error by the Circuit Court.
Jue argues that her unjust enrichment claim was
"decorative because it was impossible to pursue independently
against Yan" (emphases omitted), such that an award of
attorney's fees was improper. This argument is specious. After
the Circuit Court dismissed the fraud claim, Jue continued to
litigate the unjust enrichment claim. Yan was required to file
an answer to the FAC (which now contained only one claim, for
unjust enrichment) and Jue opposed Yan's MSJ as to the unjust
enrichment claim with a memorandum, declarations, and exhibits.
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Jue's counsel also attempted to defeat the MSJ via an HRCP
Rule 56(f) declaration. After fighting to keep unjust
enrichment as a viable, independent claim for relief following
dismissal of the fraud claim, Jue cannot now assert that unjust
enrichment was "decorative."
Jue also contends that the Circuit Court erred in
failing to explain "what was deducted, what was non-compensable,
what was excessive, and how it was justified [in awarding
$16,483.50] as 'reasonable' attorney fees." Jue provides no
argument as to how the Circuit Court erred, but instead argues
only that the Circuit Court failed to explain its rationale.
Jue points to nothing in the record to suggest that the Circuit
Court's calculations were an abuse of discretion, and she cites
no legal authority to demonstrate any error by the Circuit
Court.
Additionally, Jue argues that Yan was not a
"prevailing party" — and was thus not entitled to attorney's
fees — because the Circuit Court dismissed the fraud claim
against Yan with prejudice. But no attorney's fees were awarded
to Yan for defending against the fraud claim: instead,
attorney's fees were awarded to Yan for obtaining summary
judgment (rather than dismissal without prejudice) on the unjust
enrichment claim. Yan was entitled to attorney's fees, and
Jue's argument is without merit.
Accordingly, the Circuit Court's award of attorney's
fees to Yan is affirmed.
(4) The Circuit Court did not abuse its discretion in
denying prejudgment interest or in its award of attorney's fees
as to Jue's default judgment against Hai. Hawaiʻi Revised
Statutes (HRS) § 636-16 (2016) vests a court with discretion to
award pre-judgment interest. "[T]he purpose of prejudgment
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interest, in the context of HRS § 636-16, is to correct
injustice when a judgment is delayed for a long period of time
for any reason, including litigation delays[.]" Cnty. of Haw.
v. C & J Coupe Fam. Ltd. P'ship, 124 Hawai‘i 281, 312, 242 P.3d
1136, 1167 (2010) (internal quotation marks and citations
omitted). The Hawaiʻi Supreme Court has set forth the following
factors in evaluating a request for pre-judgment interest:
(1) if fault is found on the part of the party seeking
interest, denial of interest will not be considered an
abuse of discretion; (2) if fault is found on the part of
the party opposing interest, an award of interest will not
be considered an abuse of discretion; and (3) where no
fault is found on either side, the trial court may still
award or deny prejudgment interest in its discretion,
depending on the circumstances of the case.
Tri-S Corp. v. W. World Ins. Co., 110 Hawai‘i 473, 498, 135 P.3d
82, 107 (2006).
Here, although Jue averred that she transferred money
to Hai in 2020, Jue did not initiate the instant lawsuit until
December 2024. Jue moved for a default judgment on May 7, 2025,
and the Circuit Court granted in part and denied in part the
motion on July 18, 2025. The "delay" in obtaining a judgment
against Hai was primarily due to Jue's waiting to initiate suit
until 2024. Hai did not appear in this litigation and did not
delay court proceedings. The Circuit Court's denial of
prejudgment interest was not an abuse of discretion under the
plain holding of Tri-S Corp.
Jue further argues that the Circuit Court abused its
discretion in awarding only $1,800.00 in attorney's fees to Jue
in securing the default judgment against Hai, when she had
requested $14,175.00. Once again, Jue provides no argument as
to what attorney's fees were improperly excluded; instead, she
argues only that the Circuit Court erred in not explaining its
deductions. In addition, a review of the record demonstrates
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that Jue was not entitled to $14,175.00 in attorney's fees,
because many of the time entries relate to Jue's claims against
Yan, not Hai. For example, Jue's requested total included 3.5
hours for a client meeting and drafting the FAC (which occurred
in response to Yan's MTD); 5.5 hours for attending the oral
deposition of Yan, which occurred after Jue had already filed
for default judgment against Hai; and drafting discovery
requests to Yan. Jue's request also failed to separate work on
the claim for unjust enrichment and the claim for fraud. Jue
has not demonstrated that the Circuit Court abused its
discretion in its award of fees to Jue.
Based on the foregoing, we affirm the September 24,
2025 Final Judgment of the Circuit Court.
Dated: Honolulu, Hawaiʻi, October 29, 2026.
On the briefs:
Wen Sheng Gao, /s/ Keith K. Hiraoka
for Plaintiff-Appellant Presiding Judge
Jue Wang.
/s/ Clyde J. Wadsworth
Carl H. Osaki, Associate Judge
for Defendant-Appellee
Yan Zhao. /s/ Daniel M. Gluck
Associate Judge
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