Kim v. Tanigawa ( 2014 )

Electronically Filed
Supreme Court
SCPW-14-0001096
25-NOV-2014
02:45 PM
SCPW-14-0001096
IN THE SUPREME COURT OF THE STATE OF HAWAI'I
YOUNG HUI KIM and CK ENTERPRISES, LLC, Petitioners,
vs.
THE HONORABLE MICHAEL K. TANIGAWA, Judge of the District Court
of the First Circuit, State of Hawai'i, Respondent Judge,
and
ASSOCIATION OF APARTMENT OWNERS OF THE CENTURY CENTER, INC., by
and through its Board of Directors, THAI HAWAIIAN MASSAGE, INC.,
POJJANEE VARNEY, CHARLES VARNEY, and HENRY LEE JENSEN,
Respondents.
ORIGINAL PROCEEDING
(CAAP-14-0000436; CAAP-14-0001238; CIV. NO. 1RC-13-8808)
ORDER DENYING PETITION FOR WRIT OF PROHIBITION
(By: Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson, J.J.)
Upon consideration of Petitioners Young Hui Kim and CK
Enterprises, LLC’s petition for a writ of prohibition, filed on
September 2, 2014, the documents attached thereto and submitted
in support thereof, and the record, it appears that Petitioners
fail to demonstrate that extraordinary relief is warranted under
the facts and circumstances of this matter and Petitioners may
seek relief, as appropriate, in their pending appeals (CAAP-14­
0000436 and CAAP-14-0001238). Petitioners, therefore, are not
entitled to the requested writ of prohibition. See Honolulu
Adv., Inc. v. Takao, 59 Haw. 237, 241, 580 P.2d 58, 62 (1978) (a
writ of prohibition “is an extraordinary remedy . . . to restrain
a judge of an inferior court from acting beyond or in excess of
his jurisdiction”); Gannett Pac. Corp. v. Richardson, 59 Haw.
224, 226, 580 P.2d 49, 53 (1978) (a writ of prohibition is not
meant to serve as a legal remedy in lieu of normal appellate
procedures; rather, it is available in “rare and exigent
circumstances” where “allow[ing] the matter to wend its way
through the appellate process would not be in the public interest
and would work upon the public irreparable harm”). Accordingly,
IT IS HEREBY ORDERED that the petition for a writ of
prohibition is denied.
DATED: Honolulu, Hawai'i, November 25, 2014.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Sabrina S. McKenna
/s/ Richard W. Pollack
/s/ Michael D. Wilson
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