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NO. CAAP-19-0000427 

IN THE INTERMEDIATE COURT OF APPEALS 

OF THE STATE OF HAWAIʻI 

JULIAN JORDAN D. CORPUZ, II, Plaintiff-Appellee, v. 

VAPEHEAD ORIGINS USA, LLC, a foreign limited liability company; 

24 HOUR VAPES, LLC, a domestic limited liability company, 

Defendants/Cross-Claim Defendants/Cross-Claimants-Appellees, and 

JOCOR ENTERPRISES LLC, dba Volcano Fine Electronic Cigarettes, 

a domestic limited liability company, 

Defendant/Cross-Claimant/Cross-Claim Defendant-Appellant, and 

JOHN DOES 1-10; DOE CORPORATIONS 1-10; DOE PARTNERSHIPS 1-10; 

and DOE ENTITIES 1-10, Defendants. 

APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT 

(CASE NO. 1CC171001631)

SUMMARY DISPOSITION ORDER

(By: Leonard, Acting Chief Judge, Wadsworth and McCullen, JJ.) 

 Defendant/Cross-Claimant/Cross-Claim DefendantAppellant Jocor Enterprises, LLC (Jocor) appeals from the 

Circuit Court of the First Circuit's1 (1) May 23, 2019 "Order 

Granting Defendant 24 Hour Vapes, LLC's Substantive Joinder to 

1 The Honorable James S. Kawashima presided.

Electronically Filed

Intermediate Court of Appeals

CAAP-19-0000427

24-MAY-2024

08:04 AM

Dkt. 109 SO
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Defendant Vapehead Origins USA, LLC's Petition for Determination 

of Good Faith Settlement" (May 23, 2019 Joinder Order); and 

(2) May 29, 2019 "Findings of Fact, Conclusions of Law, and 

Order Granting Defendant 24 Hour Vapes, LLC's Substantive 

Joinder to Defendant Vapehead Origins USA, LLC's Petition for 

Determination of Good Faith Settlement" (May 29, 2019 Good Faith 

Settlement Order). 

On appeal, Jocor contends the circuit court abused its 

discretion when it determined a "walk away" settlement between 

Plaintiff-Appellee Julian Jordan D. Corpuz, II (Corpuz) and 

Defendant/Cross-Claim Defendant/Cross-Claimant-Appellee 24 Hour 

Vapes, LLC (24 Hour Vapes) was a good faith settlement for 

purposes of Hawai‘i Revised Statutes (HRS) § 663-15.5 (2016, 

Supp. 2018), which barred Jocor from pursuing 24 Hour Vapes for 

contribution. 

Upon careful review of the record and the briefs 

submitted by the parties and having given due consideration to 

the issues raised and the arguments advanced, we resolve this 

appeal as discussed below, and affirm. 

 On October 5, 2017, Corpuz sued Defendant/Cross-Claim 

Defendant/Cross-Claimant-Appellee Vapehead Origins USA, LLC 

(Vapehead), 24 Hour Vapes, and Jocor for injuries sustained when 

an electronic cigarette and/or its batteries exploded in his 
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pocket causing him to suffer injuries. As related to his claim, 

Corpuz asserted: 

• Vapehead manufactured the electronic cigarette; 

• 24 Hour Vapes sold the electronic cigarette; and 

• Jocor sold the batteries for the electronic cigarette. 

Vapehead moved for summary judgment on Corpuz's claims 

and the cross-claims Jocor and 24 Hour Vapes filed. Vapehead 

asserted the electronic cigarette it manufactured was not 

responsible for Corpuz's injuries because the evidence showed 

the batteries were not in the electronic cigarette when the 

batteries caught on fire. 

To support this assertion, Vapehead attached a report 

by Daren Slee, a Senior Managing Engineer at Exponent, a failure 

analysis consulting firm. The report indicated there was damage 

to, and soot on, the outside of the electronic cigarette, while 

inside the battery compartment was relatively clean with no heat 

damage on several plastic components. This showed the 

electronic cigarette was exposed to an external heat source. 

Vapehead thus asserted the electronic cigarette did not cause 

the batteries to fail. 

Vapehead then petitioned for determination of good 

faith settlement, indicating it had reached a "walk away" 

settlement with Corpuz and that Corpuz would be dismissing his 

claims against Vapehead and each would bear their own costs. 
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Vapehead requested the court determine the settlement was a good 

faith settlement for purposes of HRS § 663-15.5, which generally 

bars claims for contribution and indemnity against a joint 

tortfeasor who settles in good faith unless there is an 

indemnity agreement. See generally, HRS § 663-15.5(d)(1) 

(2016). 

 24 Hour Vapes moved to join Vapehead's petition for 

determination of good faith settlement. In its request to join 

Vapehead's petition, 24 Hour Vapes asserted Corpuz's injuries 

were from Jocor's batteries, and the electronic cigarette it 

sold did not cause the fire. 24 Hour Vapes also indicated it 

too reached a walk-away settlement with Corpuz. 

Jocor opposed both Vapehead's petition for 

determination of good faith settlement and 24 Hour Vapes' 

joinder motion.

On May 2, 2019, the circuit court granted Vapehead's 

petition for determination of good faith settlement. The 

circuit court stated it "considered all of the pleadings and 

evidence filed in support of the Petition and the memoranda 

listed above, and based on the records in this case, arguments 

presented at the hearing, declarations of counsel, and all of 

the exhibits submitted . . . ." The circuit court found, among 

other things, "[s]upport exists for [Corpuz]'s decision to 

dismiss claims as against [Vapehead]." 
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 Subsequently, the circuit court entered its May 23, 

2019 Joinder Order, allowing 24 Hour Vapes to join Vapehead's 

petition. In doing so, the circuit court 

considered all of the pleadings and evidence filed in 

support of the Substantive Joinder, the memoranda listed 

above, the records in this case, arguments presented at the 

hearing, declarations of counsel, and all of the exhibits 

submitted in regard to the Substantive Joinder, and based 

upon the Findings of Fact and Conclusions of Law as stated 

in the Order Granting Vapehead's Good Faith Petition[.]

 The circuit court also entered its May 29, 2019 Good 

Faith Settlement Order, determining the settlement between 24 

Hour Vapes and Corpuz was entered into in good faith. The 

circuit court ordered that "(a) any further claims against 24 

Hour [Vapes] by any other joint tortfeasor or co-obligor are 

barred and (b) all cross-claims filed in this matter against 24 

Hour [Vapes] are hereby dismissed with prejudice." 

Jocor appealed from the May 23, 2019 Joinder Order and 

the May 29, 2019 Good Faith Settlement Order. 

(1) Jocor first contends the circuit court erred by 

granting 24 Hour Vapes' "Petition based on its findings of fact 

and conclusions of law that were specific to Vapehead[.]" Jocor 

thus requests this court vacate the circuit court's May 23, 2019 

Joinder Order.

In the order granting Vapehead's good faith settlement 

petition, the circuit court found the settlement was reached 

based on Corpuz's evaluation of the evidence as to liability, 

parties would bear their own fees and costs, there was no 
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evidence of a written indemnity agreement or bad faith 

collusion, and support existed for dismissing the claim against 

Vapehead.

In its May 23, 2019 Joinder Order, the circuit court 

granted 24 Hour Vapes' joinder motion. The circuit court stated 

it considered all pleadings and evidence, the memoranda, the 

record, the arguments, declarations of counsel, exhibits, and 

"the Findings of Fact and Conclusions of Law as stated in the 

Order Granting Vapehead's Good Faith Petition[.]" 

Jocor cites no statute or rule the circuit court 

violated. That the circuit court considered, among other 

things, the findings and conclusions it made in the order 

granting Vapehead's good faith petition when deciding 24 Hour 

Vapes' joinder motion does not demand we vacate the May 23, 2019 

Joinder Order. See generally, HRS § 603-21.9(6) (2016) 

(providing the circuit court has the power to make orders "as 

may be necessary to carry into full effect the powers which are 

or shall be given to them by law or for the promotion of justice 

in matters pending before them"). 

(2) Jocor next contends the circuit court erred by 

"[e]ntering a second, conflicting order granting 24 Hour's 

Petition on May 29, 2019, which contains findings of fact and 

conclusions of law unsupported by the evidence presented." 
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The May 23, 2019 Joinder Order granted 24 Hour Vapes' 

motion to join Vapehead's petition for a determination that 

Vapehead entered into a good faith settlement. The May 23, 2019 

Joinder Order allowed 24 Hour Vapes to join Vapehead's petition; 

it made no determination regarding whether 24 Hour Vapes and 

Corpuz's settlement was entered into in good faith. The 

subsequent May 29, 2019 Good Faith Settlement Order determined 

the settlement between 24 Hour Vapes and Corpuz was entered into 

in good faith. Thus, the orders were not conflicting. 

As to the findings and conclusions Jocor claims are 

unsupported, Jocor points to finding number 6 and conclusion 

number 14 that state the fees and costs incurred were not 

nominal. The declaration from Corpuz's counsel stated costs are 

"presumably minimal . . . at this stage of the case."

Even if Jocor is correct, Corpuz and 24 Hour Vapes 

agreed to be responsible for their own fees and costs and, as 

discussed below, there was substantial evidence to support the 

determination that the settlement between 24 Hour Vapes and 

Corpuz was entered into in good faith. Thus, any error in 

determining the fees and costs were not nominal would be 

harmless. See Hawai‘i Rules of Civil Procedure Rule 61. 

(3) Finally, Jocor contends the circuit court erred by 

granting 24 Hour Vapes' "Petition when the totality of the 

relevant circumstances before it provides no reasonable basis 
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for doing so." The gist of Jocor's contention is 24 Hour Vapes 

should not be allowed to rely on Vapehead's expert evidence.

Contrary to Jocor's contention, the circuit court was 

required to look at the totality of the circumstances 

considering all relevant evidence before it. See Troyer v. 

Adams, 102 Hawai‘i 399, 425-27, 77 P.3d 83, 109-11 (2003) 

(explaining the determination of good faith should be made based 

on the "totality of the circumstances" considering all relevant 

facts available at the time of settlement and providing possible 

factors to consider). This included Vapehead's expert evidence. 

When considering all relevant facts at the time of the 

settlement between Corpuz and 24 Hour Vapes, the totality of 

circumstances supported the circuit court's determination that 

the settlement was entered into in good faith. The evidence 

included the expert's conclusion that the battery was not inside 

the electronic cigarette when the battery caught fire. 

And Corpuz's counsel submitted a declaration based on 

his assessment of the evidence as developed through discovery 

that "the batteries, not the [electronic cigarette], were the 

relevant defective products," and Vapehead and 24 Hour Vapes 

were "not in the chain of distribution" of the batteries. 

Further, there was nothing in the record to suggest 

bad faith collusion between Corpuz and 24 Hour Vapes in reaching 
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a settlement. And there was no evidence of a written indemnity 

agreement.

In sum, the circuit court based its decision on the 

totality of the circumstances, considering all relevant facts 

available at the time of the agreement and, thus, did not abuse 

its discretion in granting 24 Hour Vapes' joinder motion and 

determining the settlement agreement between 24 Hour Vapes and 

Corpuz was entered into in good faith. See Brooks v. Dana Nance 

& Co., 113 Hawai‘i 406, 412, 153 P.3d 1091, 1097 (2007) (applying 

abuse of discretion standard). 

Based on the foregoing, we affirm the circuit court's 

May 23, 2019 Joinder Order and May 29, 2019 Good Faith 

Settlement Order. 

 DATED: Honolulu, Hawai‘i, May 24, 2024. 

On the briefs: 

Jerold T. Matayoshi, 

Nicholas P. Ching, 

(Fukunaga Matayoshi Ching & 

Kon-Herrera), 

for Defendant/Cross-Claimant/ 

Cross-Claim DefendantAppellant. 

J. Patrick Gallagher, 

Kamalolo K. Koanui-Kong, 

(Gallagher Kane Amai & 

Reyes), 

for Defendant/Cross-Claim 

Defendant/Cross-ClaimantAppellee 24 Hour Vapes, LLC. 

/s/ Katherine G. Leonard 

Acting Chief Judge 

/s/ Clyde J. Wadsworth 

Associate Judge 

/s/ Sonja M.P. McCullen 

Associate Judge