S
hohei Ohtani and his agent, Nez Balelo, filed a motion to dismiss a lawsuit that was lodged last month in Hawaii Circuit Court. The suit, brought by developer Kevin J. Hayes Sr. and broker Tomoko Matsumoto of West Point Investment Corp., accused the pair of abusing power, causing tortious interference and unjust enrichment in a $240 million luxury housing project on the Big Island’s Hapuna Coast.
Hayes and Matsumoto had been removed from the development by Kingsbarn Realty Capital, the majority owner of the joint venture. In court papers, Ohtani’s lawyers argued that in 2023 the plaintiffs secured a minority stake in a joint venture that allowed them to use Ohtani’s name, image and likeness under an endorsement agreement to promote a separate real‑estate project at the Mauna Kea Resort. The attorneys described Ohtani as a “victim of NIL violations,” claiming the plaintiffs exploited his likeness without permission or payment to drive traffic to their own website.
The lawyers contended that Balelo had acted to protect Ohtani, expressing concern over the misuse and threatening legal action against the plaintiffs. They labeled Balelo’s conduct as “clearly protected speech.” Kingsbarn, in a statement following the filing, dismissed the allegations as “completely frivolous and without merit.”
Ohtani, a three‑time MVP and key player for the Los Angeles Dodgers, has long relied on Balelo to safeguard his name, image and likeness. A lawyer for the duo said the lawsuit was a desperate attempt by the plaintiffs to divert attention from their own failures and blatant misappropriation of Ohtani’s rights.
Hayes and Matsumoto have not yet responded to requests for comment.
