Golden v. Tonaki ( 2021 )

Electronically Filed
Supreme Court
SCPW-XX-XXXXXXX
06-DEC-2021
02:20 PM
Dkt. 7 ODDP
SCPW-XX-XXXXXXX
IN THE SUPREME COURT OF THE STATE OF HAWAI#I
LUANA GOLDEN AND JALYN GOLDEN, Petitioners,
vs.
THE HONORABLE JOHN M. TONAKI, Judge of the Circuit Court of the
First Circuit, State of Hawai#i, Respondent Judge,
and
CRAIG Y. WATASE DBA MARK DEVELOPMENT INC., Respondent.
ORIGINAL PROCEEDING
(CASE NO. 1CCV-XX-XXXXXXX)
ORDER DENYING PETITION FOR WRIT OF MANDAMUS
(By: Recktenwald, C.J., Nakayama, McKenna, Wilson, and Eddins, JJ.)
Upon consideration of Petitioners Luana Golden and
Jalyn Golden’s petition for writ of mandamus, filed on
November 24, 2021, and the record, petitioners fail to
demonstrate a clear and indisputable right to relief and have
alternative means to seek relief, including filing a renewed
motion for default in compliance with Rule 7 of the Rules of the
Circuit Court of the State of Hawai#i. Based on the record, it
cannot be said that the respondent judge exceeded his
jurisdiction, committed a flagrant and manifest abuse of
discretion, or refused to act on a matter in presiding over the
case. Petitioners, therefore, are not entitled to the requested
extraordinary writ. See Kema v. Gaddis, 91 Hawai#i 200, 204-05,
982 P.2d 334, 338-39 (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; such a writ is meant to restrain a
judge of an inferior court who has exceeded his or her
jurisdiction, has committed a flagrant and manifest abuse of
discretion, or has refused to act on a subject properly before
the court under circumstances in which he or she has a legal duty
to act). Accordingly,
It is ordered that the petition for writ of mandamus is
denied.
DATED: Honolulu, Hawai#i, December 6, 2021.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Sabrina S. McKenna
/s/ Michael D. Wilson
/s/ Todd W. Eddins
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