1. Why was a notice issued?
2. What is this lawsuit about?
3. What is a class action?
4. Why is this lawsuit a class action?
5. What does the lawsuit complain about?
6. How does the Defendant answer?
7. Has the Court decided who is right?
8. What is the Plaintiff asking for on behalf of the class?
9. Is there any money available now?
10. How do i know if I’m part of the class?
11. I’m still not sure if I’m included.
12. What happens if I do nothing at all?
13. What happens if I exclude myself from the class?
14. How do I ask to be excluded from the class?
15. Do I have a lawyer representing me?
16. Should I get my own lawyer?
17. How will the Class Counsel be paid?
18. How and when will the Court decide the case?
19. Do I have to come to court?
20. Will I get money after the trial?
21. Is there more information available?
A notice was issued because a court has allowed, or “certified,” this case to proceed as a class action lawsuit and your rights may be affected. If you purchased a home (i.e., a single-family residence, townhome, or condominium) within Ho’opili from D.R. Horton on or before May 1, 2022, and were still an owner as of May 1, 2022, then you may have legal rights and options in this case before the Court decides whether the claims being made against D.R. Horton on your behalf are correct. The Notice and this website explain all of these things.
The Honorable Lisa W. Cataldo of the First Circuit Court of Hawai‘i is currently overseeing this class action. The case is known as Steve Choi, et al. v. D.R. Horton, et al., Civil No. 1CCV-23-0000384 - LWC. The person who sued, Steve Choi, is called the “Plaintiff.” The company that Plaintiff has sued on behalf of himself and other similarly situated homeowners,D.R. Horton,is called the “Defendant” herein.
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Defendant D.R. Horton is the developer of the master planned community of Ho‘opili located between Kapolei and Ewa Beach. This class action concerns the claims set forth in the First Amended Complaint. The First Amended Complaint generally alleges that D.R. Horton promised that all new electrical lines within the master-planned community of Ho‘opili would be placed underground to obtain approvals from the State of Hawai‘i to develop Ho‘opili but later decided that certain electrical lines were to be installed overhead to avoid the cost of underground lines. The Class seeks to recover damages, equitable, and statutory relief on behalf of the Class including recovery of Plaintiff’s attorneys’ fees and costs for the alleged harm to similarly situated class members and for Defendant’s alleged unjust enrichment (see Question 8). Any proceeds from this class action, after attorneys’ fees and costs have been paid, will be used to compensate Class members.
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In a class action, Class Representatives sue on behalf of all people who have similar claims. The people included in the class action are called a Class and the Class consists of Class Members. The claims of the Class and Class Members are resolved together by one court. Class Members have the option to exclude themselves from or opt-out of the Class or to intervene as a party, or to appear though counsel without intervening. If a Class Member elects to exclude himself, herself, or itself from the Class, that Class Member will not be bound by the results of this class action. More information regarding a Class Member’s ability to opt-out of the Class and the steps that need to be taken to opt-out of the Class is provided below. In this case, Steve Choi has been approved as the Class Representative to represent the Class.
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The Court decided that this lawsuit could proceed as a class action because it meets the requirements of Rule 23 of the Hawai‘i Rules of Civil Procedure, which governs class actions in the Circuit Courts for the State of Hawai‘i. For example, the Court has found that the issues in the lawsuit are common among all Class Members and that the claims of Plaintiff are typical of the other Class Members. The Court also found that Plaintiff and the lawyers bringing this lawsuit would adequately represent the interests of the Class Members.
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The lawsuit generally alleges that D.R. Horton promised that all new electrical lines within the master-planned community of Ho‘opili would be placed underground to obtain approvals from the State of Hawai‘i to develop Ho‘opili but later decided that certain electrical lines were to be installed overhead to avoid the cost of underground lines. Plaintiff seeks to recover damages, equitable relief, statutory relief, attorneys’ fees, and costs for the alleged harm to class members as well as recover for Defendant’s alleged unjust enrichment. More information on Plaintiff’s claims can be found in Plaintiff’s First Amended Complaint and related pleadings, which can be obtained from the Clerk of the Court, Circuit Court of the First Circuit, State of Hawaii, Ka`ahumanu Hale, 777 Punchbowl Street, Honolulu, HI, 96813, or by contacting Class Counsel (see Question 21).
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Defendant denies all of the claims and allegations made by Plaintiff in the lawsuit.
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No. The Court has not decided whether Plaintiff or Defendant is right. By establishing the Class and ordering that a notice be provided, the Court is not suggesting that the Class will win or lose this lawsuit. The lawyers for the Class must prove the lawsuit at trial. The Notice is not an expression of an opinion by the Court as to the merits of any claims or defenses. The Notice is being sent to you solely to inform you of the nature of the litigation, your rights and obligations as a potential Class Member, the steps required to be excluded from the Class, and the Court’s certification of the Class. Do not call the Court regarding this matter.
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The lawsuit asks to remove all overhead lines, money to be paid as damages for alleged harm to the Class, and for return of all amounts that Defendant may have been unjustly enriched by not placing all electrical lines underground. The lawsuit also seeks to recover attorney’s fees, litigation costs and expenses, as well as certain equitable and statutory relief that may be provided by statute including disgorgement, rescission, and any other relief the Court may deem just and proper.
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No money or benefits are available now because the jury and the Court have not decided whether Defendant did anything wrong. There is no guarantee that money or benefits will ever be awarded or obtained. However, if they are, you will be notified about how to ask for your share.
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The Court has approved, or certified, the following “Class.” Everyone who fits the following description is a “Class Member.” The Class includes:
All persons who purchased homes (single family residences, townhomes, or condominiums) within Ho’opili on or before May 1, 2022, and were still owners as of May 1, 2022.
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If you are still not sure if you are included in the Class, you can contact Class Counsel at the contact information provided in Question 21.
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If you are a Class Member and you do nothing, you are choosing to stay in the Class. This means that if the Class Plaintiff obtains money or other relief – either as a result of a judgment or a settlement – you will be eligible to take part in that result. However, if you stay in the Class, you will be legally bound by all of the decisions that the Court makes. This also means that regardless of whether the Class Plaintiff wins or loses the lawsuit, you will not be able to start a new lawsuit, continue with a lawsuit, or be part of any other lawsuit against Defendant D.R. Horton concerning the legal claims and issues alleged in this lawsuit ever again.
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If you exclude yourself from the Class, you will not be legally bound by the Court’s orders and judgments and you may be able to keep any rights you may have to sue Defendant for the same claims in a different lawsuit, now or in the future, or you may join this lawsuit as an intervenor or enter an appearance through counsel without intervening. However, if you exclude yourself from the Class, you will not be able to get any money or benefits from this lawsuit if any are awarded or obtained as a result of the trial or any settlement. You will also not be represented by Class Counsel but may independently pursue your claims with or without your own counsel.
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To exclude yourself from the Class, you must send a letter that says you want to be excluded from the Class
If you do not wish to participate in the Settlement and be bound by the Class, you may exclude yourself. To exclude yourself from the Class Settlement, you must send a letter to the Claim Administrator at the below address that stating that you want to be excluded from the Class:
D.R. Horton Power Line Class Action
Claims Administrator
P.O. Box 25191
Santa Ana, CA 92799
The letter must provide your
name;
address for your home during the relevant period;
current contact address if different;
telephone number;
statement that you wish to be excluded from the Class; and
signature.
You must mail your exclusion request so that it is postmarked by no later than June 22, 2026.
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Yes. The Court has appointed Kyle Smith, Esq., Law Offices of Kyle Smith; Lyle Hosoda, Esq., of Hosoda Law Group; and David Kimo Frankel, Esq., to represent you and other Class Members as “Class Counsel.” These lawyers have experience handling similar cases.
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If you do not exclude yourself from the Class, you do not need to hire your own lawyer because Class Counsel is representing you and all the other Class Members. You can hire your own lawyer, who may ask to appear in court for you in this case, but you will have to pay that lawyer.
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If Class Counsel obtains money or benefits for the Class as part of any settlement or judgment, Class Counsel will ask the Court for: a) a contingent fee and reimbursement of expenses. If the Court grants this request, the fees and reimbursement of expenses will either be deducted from any money obtained for the Class or paid separately by Defendants. You will not personally have to pay any of these fees and expenses.
The Court has not decided whether class claims have merit. There is no money or benefits available now and no guarantee there will be money or benefits in the future.
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The case, or a portion thereof, will be decided at a trial, which has not yet been set.
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You don’t have to come to court unless you want to or you are asked to by the Court or Class Counsel. Class Counsel will present the case for the Class and the lawyers for Defendant will present its defenses. You and/or your own lawyer may appear in court for this case at your own expense, but it’s not necessary.
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If Class Counsel obtains money and/or benefits as a result of trial or settlement, you will be notified about how to ask for a share and about any other options you may have at that time.
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The Notice and this website summarize the lawsuit but are not intended to be all-inclusive. References to pleadings and other papers and proceedings are only summaries. For full details concerning the class action and the claims and defenses asserted by the parties, you and/or your counsel may review the pleadings and other papers filed at the office of the Clerk of the Court, Circuit Court of the First Circuit, State of Hawaii, Ka`ahumanu Hale, 777 Punchbowl Street, Honolulu, HI, 96813.
You can obtain more information related to this matter on this website or by calling the Claims Administrator at (833) 386-6513.
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