GOODSILL ANDERSON QUINN & STIFEL

A LIMITED LIABILITY LAW PARTNERSHIP LLP

Electronically Filed
EDMUND K. SAFFERY 5860-0 FIRST CIRCUIT
esaffery@goodsill.com 1CCV-25-0001330
MATTHEW D. EZER 10953-0 08-AUG-2025
mezer@goodsill.com
04:34 PM
First Hawaiian Center, Suite 1600
999 Bishop Street Dkt. 1 CMP
Honolulu, Hawaiʻi 96813
Telephone: (808) 547-5600
Facsimile: (808) 547-5880

Joshua I. Schiller (pro hac vice forthcoming)

BOIES SCHILLER FLEXNER LLP
44 Montgomery Street
41st Floor
San Francisco, CA 94104
415 293 6800
jischiller@bsfllp.com

Benjamin Margulis (pro hac vice forthcoming)

Jack G. Tubio (pro hac vice forthcoming)
BOIES SCHILLER FLEXNER LLP
55 Hudson Yards
20th Floor
New York, NY 10001
212 446 2342
bmargulis@bsfllp.com
jtubio@bsfllp.com

Attorneys for Plaintiffs Kevin J. Hayes, Sr.,

Tomoko Matsumoto, West Point Investment
Corporation, and Hapuna Estates Property
Owner LLC
 IN THE CIRCUIT COURT OF THE FIRST CIRCUIT

STATE OF HAWAIʻI

KEVIN J. HAYES, SR., TOMOKO Civil No. ___________

MATSUMOTO, WEST POINT
INVESTMENT CORPORATION, and COMPLAINT
HAPUNA ESTATES PROPERTY OWNER
LLC,

Plaintiffs,
v.

SHOHEI OTANI and NEZ BALELO,

Defendants.

COMPLAINT

Plaintiffs Kevin J. Hayes, Sr., Tomoko Matsumoto, West Point Investment Corporation

(“West Point”), and Hapuna Estates Property Owner LLC (“Hapuna Estates PO”), by and through

their undersigned attorneys, file this Complaint against Defendants Shohei Otani (also known as

Shohei Ohtani) and Nez Balelo, and allege as follows based upon personal knowledge with respect

to Plaintiffs’ own acts or acts taking place in their presence, and upon information and belief as to

all other matters:

NATURE OF THIS ACTION

1. This action arises from a calculated and unlawful scheme orchestrated by sports

agent Nez Balelo—acting on behalf of his client, global baseball icon Shohei Otani—to wrongfully

interfere with Plaintiffs’ contractual rights and economic relationships tied to a premier real estate

development in the Mauna Kea Resort area of Hawai‘i.

2. Plaintiffs Kevin J. Hayes, Sr. and Tomoko Matsumoto are highly successful, long-

standing professionals in Hawai‘i’s luxury real estate market. They spent over eleven years

conceiving, investing in, developing, and marketing an exclusive residential project designed to

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attract luxury buyers. Defendants Balelo and Otani, who were brought into the venture solely for

Otani’s promotional and branding value, exploited their celebrity leverage to destabilize and

ultimately dismantle Plaintiffs’ role in the project—for no reason other than their own financial

self-interest.

3. Acting through Balelo, Defendants issued an ultimatum to Plaintiffs’ business

partner, Kingsbarn Realty Capital, LLC (“Kingsbarn”), and demanded that Kingsbarn remove

Hayes and Matsumoto from the project or else face retaliatory litigation. Succumbing to this

unlawful coercion, Kingsbarn has purported to terminate Plaintiffs—thereby cutting them out of

millions of dollars in economic entitlements. Plaintiffs were given no warning and no opportunity

to properly respond to their wrongful and pretextual termination, other than a brief phone call.

4. This case is about abuse of power. Defendants used threats and baseless legal

claims to force a business partner to betray its contractual obligations and strip Plaintiffs of the

very project they conceived and built. Defendants must be held accountable for their actions, not

shielded by fame or behind-the-scenes agents acting with impunity. Plaintiffs bring this suit to

expose Defendants’ misconduct and to ensure that the rules of contract, fair dealing, and

accountability apply equally to all—celebrity or not.

5. Through this action, Plaintiffs assert claims for tortious interference with

contractual and business relations, as well as unjust enrichment, and seek compensatory damages

for the significant financial, reputational, and professional harm they have suffered. Not content

with sabotaging Plaintiffs’ real estate venture, Defendants have since attempted to interfere with

and damage Plaintiffs’ interests in a second, neighboring venture. This pattern of misconduct

cannot go unchallenged.

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 PARTIES

6. Plaintiff Kevin J. Hayes, Sr. is a successful real estate investor with over forty years

of experience developing and marketing residential and commercial real estate projects. He is the

Managing Member of KHM JV, LLC (the “JV”), a joint venture he co-founded along with Tomoko

Matsumoto and Kingsbarn to purchase and develop a parcel of land in the Mauna Kea Resort

known as Parcel F (the “Parcel F Project”).

7. Plaintiff Tomoko Matsumoto is an award-winning real estate broker who, since

January 2024, ranks number one in transaction value in the region among over 400 local brokers

(with more than twice the production of the second-ranked broker). She is a Member and co-

founder of the JV. Through her brokerage firm Hapuna Realty, Matsumoto is the listing agent for

the Parcel F Project.

8. Plaintiff West Point Investment Corporation is a California corporation founded,

owned, and managed by Hayes. West Point specializes in the acquisition and development of

luxury real estate properties.

9. Plaintiff Hapuna Estates Property Owner LLC is a Hawai‘i limited liability

company founded and owned by Hayes and Matsumoto. It manages a second and unrelated real

estate development project in the Mauna Kea Resort.

10. Defendant Shohei Otani is a professional baseball player who, in 2023, signed a

$700 million contract with the Los Angeles Dodgers. Otani is party to an endorsement agreement

(the “Endorsement Agreement”),

11. Defendant Nez Balelo is a sports agent employed by Creative Artists Agency. At

all times relevant to the Complaint, Balelo acted as the agent and representative of Defendant

Otani.

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 JURISDICTION AND VENUE

12. This Court has jurisdiction over Plaintiffs’ claims pursuant to HRS §§ 603-21.5(a)

and 634-35(a) because the causes of action asserted herein arise out of business transacted and

tortious actions committed within the State of Hawai‘i.

13. Venue is proper in this Circuit pursuant to HRS § 603-36 because the claim for

relief arose in this Circuit.

FACTUAL ALLEGATIONS

14. Hayes and Matsumoto are experienced and well-respected real estate professionals

who have successfully conceived, developed, and marketed multiple luxury residential projects in

Hawai‘i, individually and through West Point. They have decades of combined experience,

extensive regional relationships, and a strong track record of execution in high-end real estate

ventures. Their reputations in the industry are hard-earned and well-known.

15. In 2013, Hayes and Matsumoto conceived of what would become the Parcel F

Project—a premium residential subdivision within the Mauna Kea Resort. In 2023, they entered

into the JV with Kingsbarn to acquire, subdivide, construct, and develop Parcel F into fourteen

luxury lots.

16. Pursuant to the Operating Agreement, Hayes was designated the JV’s Managing

Member, responsible for day-to-day oversight and operations of the Parcel F Project. Matsumoto,

the top-ranking real estate broker in the region, served as the exclusive listing broker for the

subdivision and an operating partner with influence over all development matters. Although

Kingsbarn held the majority equity stake, Hayes and Matsumoto retained significant ownership

interests and were responsible for nearly all aspects of on-the-ground execution.

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 17. As part of a bold marketing strategy, Hayes and Matsumoto, on behalf of the JV,

secured one of the most high-profile endorsements imaginable. In early 2023, contemporaneously

with the formation of the JV, they negotiated and executed an agreement with Shohei Otani, one

of the most recognizable professional athletes in the world.

Plaintiffs made this investment in hopes that Otani’s

star power would attract other high-net-worth individuals to purchase properties.

18. Though not a party to the agreement, Nez Balelo, a high-powered agent at Creative

Artists Agency and Otani’s longtime representative, inserted himself into every aspect of the

relationship. Balelo quickly became a disruptive force. He treated the Endorsement Agreement

as a one-way street and responded to business matters with stonewalling or hostility. Whenever

challenged, Balelo resorted to his go-to tactic: threat of default. On numerous occasions, Plaintiffs

were told that unless they conceded to Balelo’s ever-increasing demands, Otani would walk away

from the deal.

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 19. Through these tactics, Balelo succeeded in extracting concessions from the JV,

Hayes, and Matsumoto. These included

. As discussed further below,

Kingsbarn repeatedly aligned itself with Balelo’s demands, fearing his threats and prioritizing

appeasement over its partnership with Plaintiffs.

20. Balelo’s sabotage escalated in mid-2024. When a preliminary contractor estimate

came in higher than expected—a common occurrence in real estate development

21. Still, Balelo leveraged the situation to demand

In an effort to preserve the relationship and keep the project on track, and again under the unlawful

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threat of Otani walking away from his deal, Kingsbarn, Hayes, Matsumoto ultimately agreed

22. At the same time, Hayes continued pushing for robust marketing efforts

. Balelo resisted at

every turn, and instead undertook measures intended to embarrass and discredit Hayes. Rather

than support its Managing Member and enforce the agreement, Kingsbarn instead sidelined Hayes,

including his involvement in construction oversight of Otani’s home. In doing so, Kingsbarn

positioned itself to curry favor with the celebrity camp at Plaintiffs’ expense.

23. Indeed, Kingsbarn began capitulating to Balelo’s every whim. Hayes was excluded

from Committee meetings. Operating decisions were made without his input. Marketing efforts

were shut down.

Over time, it became increasingly obvious that

Kingsbarn was more concerned about preserving its relationship with Otani than honoring its

obligations to its business partners.

24. Kingsbarn’s alliance with Balelo culminated in a coordinated ambush on July 17,

2025. Without any prior discussion or notice, Kingsbarn summoned Hayes and Matsumoto to a

Zoom call. Present were the two Kingsbarn Committee members, Pori and Hama, along with

Kingsbarn’s General Counsel, Ray Jones. During the call, Kingsbarn abruptly announced that

Hayes was being removed as Managing Member of the JV and Matsumoto was being terminated

as listing broker for the Parcel F Project. No specifics were offered, and no proper opportunity to

respond was provided other than a brief and cursory phone call the next day.

25. Kingsbarn openly admitted during the call that Balelo had demanded the

terminations and that they were being done solely to placate him. Specifically, Kingsbarn

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acknowledged that Balelo had threatened to drag Kingsbarn into a separate lawsuit unless it

terminated Hayes and Matsumoto. The pretext for this threat was a fabricated allegation: that

Plaintiffs had misused Otani’s NIL rights by including his image on a website promoting the Parcel

F Project that also referenced Hapuna Estates PO’s other real estate venture in the Mauna Kea

Resort. Kingsbarn stated that Balelo agreed to keep Kingsbarn out of the to-be-filed lawsuit only

if it complied with his demands to terminate Plaintiffs.

26. The claim against Hayes and Matsumoto was baseless.

The website remained online with no

material changes for 14 months before Balelo suddenly objected and threatened litigation—

weaponizing the issue in order to create pretext for yet another set of demands and concessions

and, ultimately, the false basis for his recent retaliation against the Plaintiffs.

27. Even if there were a legitimate NIL issue (there is not), Balelo had no authority to

demand changes to the JV’s operations or governance.

Yet Kingsbarn, rather

than defending its business partners, prioritized its relationship with Otani over its contractual

duties and once again caved to Balelo’s demands.

28. On July 21, 2025, Kingsbarn sent written confirmation of its decision, purporting

to end its brokerage relationship with Matsumoto and terminate Hayes as Managing Member of

the JV “for cause.” The letter cited no facts and referenced no contractual standard. The claim

was clearly contrived to provide cover for the real motive: appeasing Balelo and Otani.

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 29. Crucially, the purported termination was a material breach of the Operating

Agreement.

Indeed, the purported terminations lacked even the appearance

of procedural integrity. Clearly, Kingsbarn acted outside its authority, under pressure from Balelo

and Otani, to attempt an unlawful removal of its partners in breach of the Operating Agreements.

30. The ambush against Hayes and Matsumoto was the culmination of a broader

pattern. For nearly two years, Balelo acted like the rules did not apply to him. He threatened

defaults, extracted unjustified amendments, and bullied his way through negotiations. Kingsbarn,

far from resisting, enabled the behavior.

31. The harm to Plaintiffs is substantial. As a direct result of their purported and

unlawful removal, Plaintiffs stand to lose millions of dollars in compensation tied to projected

homebuilding profit, construction management fees, and broker commissions. In addition, both

Hayes and Matsumoto lost control over the project they conceived and led for years, and Hayes,

Matsumoto, West Point, and Hapuna Estates PO have suffered significant reputational harm.

Meanwhile, Defendants enjoy the fruits of Plaintiffs’ labor. All because of Plaintiffs’ work, the

Parcel F Project exists, the brand is established, and the value is embedded.

32. Defendants’ actions were intentional, calculated, and executed with the express

goal of removing Plaintiffs from the Parcel F Project and capturing its value for themselves through

unilateral negotiations with the Kingsbarn principals, who have repeatedly demonstrated

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capitulation. The forced termination of the Plaintiffs also provides Balelo with scapegoats

, thereby protecting his extremely valuable agent relationship

with Otani. This conduct constitutes tortious interference and unjust enrichment, for which

Plaintiffs seek to hold Defendants accountable and recover monetary damages.

FIRST CLAIM
(Tortious Interference with Contractual and Business Relations)

33. Plaintiffs repeat and reallege each and every allegation contained in the preceding

paragraphs as if fully set forth herein.

34. Plaintiffs had valid and enforceable contractual relationships with KHM JV, LLC,

including but not limited to the Operating Agreement, brokerage agreements, and related business

arrangements, which governed their roles as Managing Member (Hayes) and listing broker

(Matsumoto) in connection with the Parcel F Project and their relationships with Defendants.

35. Plaintiffs also had ongoing and reasonable business expectancies tied to the

continued management, development, and sale of lots in the Parcel F Project, the Mauna Kea

Resort, and throughout Hawai‘i, built through years of investment, branding, labor, and

professional reputation.

36. Defendants Otani and Balelo were fully aware of Plaintiffs’ contractual rights and

business interests and, with knowledge of the JV and Operating Agreement, intentionally

interfered with those rights and relationships.

37. Acting through Balelo, Defendants threatened Kingsbarn, the majority equity

partner in the JV, with retaliatory litigation unless Kingsbarn terminated Plaintiffs from the JV and

eliminated their roles in the Parcel F Project.

38. These threats were without justification, baseless, and made for the sole purpose of

coercing Kingsbarn to breach the Operating Agreement, remove Hayes and Matsumoto from their

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positions, harm Plaintiffs’ reputations, and redirect the economic benefits of the project to

Defendants and Kingsbarn.

39. As a direct and proximate result of Defendants’ unlawful interference, Kingsbarn

acted in breach of its contractual obligations by purporting to terminate Hayes “for cause” and

removing Matsumoto as listing broker.

40. Defendants’ interference was unjustified and undertaken with full knowledge of the

harm it would cause Plaintiffs. Defendants used their celebrity status, economic power, and

Balelo’s threats to manipulate the business relationships and to injure Plaintiffs.

41. As a direct and proximate result of Defendants’ conduct, Plaintiffs have suffered

harm in an amount to be determined at trial.

SECOND CLAIM
(Unjust Enrichment)

42. Plaintiffs repeat and reallege each and every allegation contained in the preceding

paragraphs as if fully set forth herein.

43. Through their extensive work, investment, marketing, and professional reputation

related to the Parcel F Project, Plaintiffs have conferred significant economic value on Defendants,

including without limitation

44. Despite knowingly accepting and retaining those benefits, Defendants deliberately

orchestrated Plaintiffs’ unlawful removal from the Parcel F Project, excluding them from further

participation in the venture and depriving them of the compensation and economic rights to which

they are entitled.

45. The retention of these benefits without compensation to Plaintiffs is inequitable and

unjust.

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 46. As a direct and proximate result of Defendants’ conduct, Plaintiffs have suffered

harm in an amount to be determined at trial.

PRAYER FOR RELIEF

WHEREFORE, Plaintiffs request that the Court grant Plaintiffs the following relief:

A. Awarding damages resulting from Defendants’ actions, in an amount to

be determined at trial;

B. Awarding pre- and post-judgment interest;

C. Awarding reasonable attorneys’ fees, together with the costs, expenses, and

disbursements; and

D. Awarding such other and further relief as the Court may deem just and
proper.

Dated: Honolulu, Hawaii, August 8, 2025

Respectfully submitted,

/s/ Edmund K. Saffery

EDMUND K. SAFFERY
MATTHEW D. EZER
JOSHUA I. SCHILLER (pro hac vice
forthcoming)
BENJAMIN MARGULIS (pro hac vice
forthcoming)
JACK G. TUBIO (pro hac vice forthcoming)

Attorneys for Plaintiffs Kevin J. Hayes, Sr., Tomoko

Matsumoto, West Point Investment Corporation,
and Hapuna Estates Property Owner LLC

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