Mizukami v. Don Quijote ( 2013 )

Electronically Filed
Supreme Court
SCPW-13-0001762
11-JUL-2013
09:12 AM
SCPW-13-0001762
IN THE SUPREME COURT OF THE STATE OF HAWAI#I
CAROLYN MIZUKAMI,
Petitioner,
vs.
DON QUIJOTE (USA) CO. LTD., DTRIC INSURANCE COMPANY, LTD.,
Respondents.
ORIGINAL PROCEEDING
(CIV. NO. 12-1-3273-12)
ORDER DENYING PETITION FOR WRIT OF MANDAMUS
(By: Recktenwald, C.J., Nakayama, Acoba, McKenna, and Pollack, JJ.)
Upon consideration of the document submitted by
petitioner Carolyn Mizukami entitled “Plaintiff’s Original
Proceeding for this Supreme Court of Hawai#i’s Findings of the
Unconstitutionally-Applied HRS § 605-14 Unauthorized-Practice-of-
Law, In-Itself & to Abrogate Fundamental Rights Secured by the
HRS Chapter 551D Uniform Durable Power of Attorney Act Amongst
States & in Circuit Court Civil No. 12-1-003273”, which the
appellate clerk’s office filed on July 5, 2013, and which the
court reviews as a petition for a writ of mandamus, and the
record, it appears that petitioner has alternative means to seek
the requested relief and, therefore, is not entitled to a writ of
mandamus. See Kema v. Gaddis, 91 Hawai#i 200, 204, 982 P.2d 334,
338 (1999) (a writ of mandamus is an extraordinary remedy that
will not issue unless the petitioner demonstrates a clear and
indisputable right to relief and a lack of alternative means to
redress adequately the alleged wrong or obtain the requested
action). Accordingly,
IT IS HEREBY ORDERED that the motion is denied.
DATED: Honolulu, Hawai#i, July 11, 2013.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Simeon R. Acoba, Jr.
/s/ Sabrina S. McKenna
/s/ Richard W. Pollack
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