Mather v. Chang ( 2015 )

Electronically Filed
Supreme Court
SCPW-14-0001362
21-JAN-2015
03:08 PM
SCPW-14-0001362
IN THE SUPREME COURT OF THE STATE OF HAWAI#I
DIANE ELIZABETH MATHER-GEMELLI a.k.a. DIANE ELIZABETH MATHER
and BRENTWOOD ASSOCIATES, LLC, Petitioners,
vs.
THE HONORABLE GARY W.B. CHANG, JUDGE OF THE CIRCUIT COURT OF THE
FIRST CIRCUIT, STATE OF HAWAI#I, Respondent Judge,
and
CITIMORTGAGE INC. and KAREN SCHAEFER, Respondents.
ORIGINAL PROCEEDING
(Civil No. 14-1-1218-05)
ORDER DENYING PETITION FOR WRIT OF MANDAMUS
(By: Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson, JJ.)
Upon consideration of Petitioners Diane E. Mather and
Brentwood Associates, LLC’s petition for a writ of mandamus,
filed on December 16, 2014, and the record, it appears that
Petitioners fail to demonstrate that they have a clear and
indisputable right to the requested documents or that they lack
alternative means to seek relief. Petitioners, therefore, are
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 petition for a writ of
mandamus is denied.
DATED: Honolulu, Hawai#i, January 21, 2015.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Sabrina S. McKenna
/s/ Richard W. Pollack
/s/ Michael D. Wilson