Dellos v. Chang ( 2012 )

Electronically Filed
Supreme Court
SCPW-12-0000051
28-FEB-2012
02:44 PM
NO. SCPW-12-0000051
IN THE SUPREME COURT OF THE STATE OF HAWAI'I
RAQUEL A. DELLOSA, TARCILA J. DELA CRUZ, ANNALYN S. LAZARO,
and IDA P. OANDASAN, Petitioners,
vs.
THE HONORABLE GARY W.B. CHANG, JUDGE OF THE CIRCUIT
COURT OF THE FIRST CIRCUIT, STATE OF HAWAI'I and
OTIS ELEVATOR COMPANY, Respondents.
ORIGINAL PROCEEDING
(CIVIL NO. 09-1-1907-08)
ORDER
(By: Recktenwald, C.J., Nakayama, Acoba, Duffy, and McKenna, JJ.)
Upon consideration of petitioners Raquel A. Dellosa,
Tarcila J. Dela Cruz, Annalyn S. Lazaro, and Ida P. Oandasan's
petition for a writ of mandamus and the papers in support, it
appears that: (1) the respondent judge's December 22, 2011 order
compelling petitioners to submit to medical and psychological
examinations is reviewable on appeal from a final judgment
entered in Civil No. 09-1-1907-08 and (2) disallowing observation
or recording of the examinations and disallowing discovery of the
examiners' general income data are not extraordinary situations
warranting mandamus relief. Therefore, petitioners are not
entitled to mandamus relief. 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. Such writs are not intended to
supersede the legal discretionary authority of the trial courts,
nor are they intended to serve as legal remedies in lieu of
normal appellate procedures.); Brende v. Hara, 113 Hawai'i 424,
429, 153 P.3d 1109, 1114 (2007) (Mandamus relief from discovery
orders is "available for extraordinary situations.").
Accordingly,
IT IS HEREBY ORDERED that the petition for a writ of
mandamus is denied.
DATED: Honolulu, Hawai'i, February 28, 2012.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Simeon R. Acoba, Jr.
/s/ James E. Duffy, Jr.
/s/ Sabrina S. McKenna
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