Nicholas R Monlux concentrates his practice in the areas of complex commercial litigation (inculding class action defense), catastrophic fires investigation and defense, personal injury defense, construction defect litigation, real estate law (including residential and commercial landlord/tenant disputes), foreclosure litigation, premis/product liability litigation, and condominium/community association law. He handles all aspects of litigation, including trial, motions practice, arbitration, discovery, settlement negotiations, mediations, and fact investigations.
Nicholas R. Monlux concentrates his practice in the areas of complex commercial litigation (including class action defense), catastrophic fires investigation and defense, personal injury defense, construction defect litigation, real estate law (including residential and commercial landlord/tenant disputes), foreclosure litigation, premise/product liability litigation, and condominium/community association law. He handles all aspects of litigation, including trial, motions practice, arbitration, discovery, settlement negotiations, mediations, and fact investigations.
Mr. Monlux graduated cum laude from the University of Hawaii William S. Richardson School of Law in 2009. While attending law school, he received CALI Excellence for the Future Awards for achieving the highest grade in Appellate Advocacy, Admiralty Law, Criminal Justice, Equitable Remedies, Secured Transactions, and Second Year Seminar, and received the award for Best Oralist in his appellate advocacy section. Mr. Monlux also served as Editor-in-Chief of the University of Hawaii Law Review and published two articles dealing with intellectual property rights.
Mr. Monlux attended Brigham Young University in Provo, Utah, where he received his Bachelor of Science degree in sociology. While at BYU, Mr. Monlux was on the Dean's list and worked as a research and teaching assistant.
Mr. Monlux was born and raised in Hilo, Hawaii and is a graduate of Waiakea High School on the Big Island.
II. Representative Matters
• Hochroth v. Ally Bank, 461 F. Supp. 3d 986 (D. Haw. 2020). Obtained summary judgment on plaintiff’s FDCPA claims against lender and servicer alleging violations of 15 USC §§ 1692c(a)(1) (alleged communications regarding mortgage debt outside the hours of 8:00 a.m. to 9:00 p.m.), 1692c(a)(2) (alleged communications with plaintiff while he was represented by counsel), 1692c(c) (alleged communications not authorized as exceptions), 1692d (alleged repeated and invasive actions), 1692d(5) (alleged harassing phone calls), 1692d(6) (alleged failure to disclose identity when contacting plaintiff), 1692e (alleged contradictory communications), 1692e(2) (alleged false representations regarding the debt), 1692e(11) (alleged failure to include a mini-Miranda warning), 1692e(13) (delivery of documents and notices, and 1692f(7) and (8) (placement of door tags).
• Chung v. Vistana Vacation Ownership, Inc., No. CV 18-00469 LEK-RT, 2020 WL 6379272 (D. Haw. Oct. 30, 2020). Obtained dismissal with prejudice of plaintiff’s claims alleging violations of Hawaii Revised Statutes 2006 Chapter 514E (time Sharing Plans).
• Meridian OHC Partners, LP on Behalf of Cyanotech Corp. v. Davis, No. CV 19-00536 JAO-WRP, 2020 WL 4004203 (D. Haw. July 15, 2020). Obtained dismissal of putative shareholder derivative action on issue preclusion and standing grounds.
• Department of Taxation, State of Hawaii v. Airbnb, Inc., S.P. No. 18-1-0315 JHA (Haw. Cir. Ct. Mar. 4, 2019). Obtained order denying plaintiff’s petition to serve an administrative subpoena on Airbnb, Inc.
• Frederick T. Caven, Jr., on behalf of himself and a class of similarly situated persons v. Certified Management, Inc., et al., Civ. No. 16-1-1778-9 JHA (Haw. Cir. Ct. Dec. 2018). Obtained partial summary judgment on numerous claims in class action case alleging violations of Hawaii Revised Statutes Chapter 514B and 480.
• Wolfgang Della Scalla v. Moddha Interactive, Inc., et al., DC Civ. 2RC18-1-1479 (Haw. D. Ct. Oct. 9, 2018). Obtained dismissal on the grounds that the court lacked jurisdiction over the matter due to claims of ownership of title.
• Egan v. Resort, No. CV 17-00322 DKW-KJM, 2018 WL 1528779 (D. Haw. Mar. 28, 2018). Obtained order requiring out-of-state plaintiffs to appear for depositions and independent medical examinations in Honolulu.
• Kukaiau Ranch, LLC v. Hawaiian legacy Hardwoods, LLC, Civ. No. 3RC17100043H (Haw. D. Ct. May 30, 2017). Obtained dismissal on grounds that court lacked jurisdiction over the matter due to claims of ownership of title.
• Municipal Management LLC v. Hawaii Health Systems Corporation, Civ. No. 17-1- 0204-02 RAN (Haw. Cir. Ct. May 5, 2017). Obtained dismissal of complaint for lack of subject matter jurisdiction, and obtained subsequent award of attorneys’ fees and costs of
• Salem v. Arakawa, No. CV 15-00384 LEK-KSC, 2017 WL 1740021 (D. Haw. May 3, 2017), aff'd, 749 F. App'x 666 (9th Cir. 2019). Obtained dismissal with prejudice of case against various county officials in their individual capacities in which plaintiff twice attempted to amend his complaint.
• Donenfeld v. Cty. of Maui, No. CV 16-00381 DKW-KJM, 2016 WL 7469714 (D. Haw. Dec. 28, 2016). Obtained partial dismissal of claims against Maui Mayor in his personal capacity alleging wrongful termination, privacy violations, breach of contract, breach of the implied covenant of good faith and fair dealing, promissory estoppel, and punitive damages.
• Home & Cmty. Servs. of Hawaii, Inc. v. Dep't of Lab. & Indus. Rels., 137 Hawaii 125, 366 P.3d 181 (App. 2016). Obtained reversal and remand of Labor and Industrial Relations Appeals Board’s declaratory ruling finding that appellant’s subcontractors were not excluded from the definition of “employment” under the statutory domestic exemption of workers’ compensation law.
• OneWest Bank, FSB v. Farrar, No. CIV. 12-00108 ACK-KS, 2014 WL 5023472 (D. Haw. Oct. 8, 2014). Obtained summary judgment, default judgment, and order of interlocutory foreclosure in hotly contested foreclosure case in which the borrower reneged on a settlement agreement.
• Gray v. OneWest Bank, Fed. Sav. Bank, No. CIV. 13-00547 JMS, 2014 WL 3899548 (D. Haw. Aug. 11, 2014). Obtained partial summary judgment on claims alleging breach of contract, breach of the covenant of good faith and fair dealing, breach of fiduciary duty, unfair trade practices, negligence/gross negligence, declaratory relief, and injunctive relief and for an accounting.
• Ramelb v. Newport Lending Corp., No. CIV. 12-00618 DKW-RL, 2014 WL 229186 (D. Haw. Jan. 14, 2014). Obtained summary judgment on claims alleging defendants violated the implied covenant of good faith and fair dealing through purchase and placement of insurance, and unfair deceptive acts or practices.
• Int'l Union of Painters & Allied Trades, Drywall Tapers, Finishers & Allied Workers, Loc. Union 1944 v. TNT Plastering & Stucco, LLP (2012-024), No. CIV. 13-00238 DKW, 2013 WL 6210636 (D. Haw. Nov. 27, 2013). Obtained order granting motion to vacate an arbitration decision and award and denying plaintiff’s motion to confirm and enforce arbitration decision and award.
Mr. Monlux has also successfully handled numerous arbitrations and settlement negotiations involving claims of all types and dollar amounts, including the following:
• Obtained complete defense arbitration award in case involving death of individual who was allegedly electrocuted by high-voltage lines while picking fruit.
• Obtained complete defense arbitration award in personal injury case on the Big Island in which the Plaintiff alleged the condominium association was negligent in maintaining roadways.
• Helped coordinate joint scene examination to determine cause/origin of largest residential fire in Oahu’s history, and assisted with amicable resolution of over dozen lawsuits filed by various claimants.
• Was part of litigation team that obtained arbitration award removing member of an LLC and awarding over $6M in damages.
• Obtained arbitration award for tree farm owner against lessor regarding 30+ acres of land tree farm owner alleged was included in and subject to long-term lease.
• Obtained six-figure arbitration award against investor for breach of contract in dispute regarding conceptual build-out of a restaurant.
III. Professional Associations and Licenses
Mr. Monlux is licensed to practice law in all state and federal courts in the State of Hawaii, and is a member of the following organizations:
• Hawaii State Bar Association
• Federal Bar Association
• American Bar Association
• American Judicature Society
• Boys and Girls Club of Hawaii (Corporate Board Member)
• J. Reuben Clark Law Society
• Association of Defense Trial Attorneys
• Federation of Defense & Corporate Counsel
Mr. Monlux is also a proud Eagle Scout and serves as a merit badge counselor for several Eagle required merit badges.