Wang v. Ochiai ( 2020 )

Electronically Filed
Supreme Court
SCPW-XX-XXXXXXX
17-JAN-2020
02:19 PM
SCPW-XX-XXXXXXX
IN THE SUPREME COURT OF THE STATE OF HAWAI#I
PINMEI WANG, Petitioner,
vs.
THE HONORABLE DEAN E. OCHIAI, Judge of the Circuit Court of the
First Circuit, State of Hawai#i, Respondent Judge,
and
ZHONG FANG aka JOHNSON FANG; MEI HU aka MICHELLE HU; JIAJIA WANG;
ZHE FANG; LAMEI FANG; HAWAII CITY PLAZA LP; HAWAII OCEAN PLAZA
LP; CALIFORNIA REGIONAL CENTER LLC; CALIFORNIA INVESTMENT
REGIONAL CENTER LLC, Respondents.
ORIGINAL PROCEEDING
(CIVIL NO. 1CCV-XX-XXXXXXX)
ORDER DENYING PETITION FOR WRIT OF MANDAMUS
(By: Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson, JJ.)
Upon consideration of petitioner Pinmei Wang’s petition
for writ of mandamus, filed on January 6, 2020, the documents
attached thereto and submitted in support thereof, and the
record, it appears that petitioner fails to demonstrate that she
is entitled to the requested extraordinary relief from this court
and that she lacks alternative means to seek relief. 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; where a court
has discretion to act, mandamus will not lie to interfere with or
control the exercise of that discretion, even when the judge has
acted erroneously, unless the judge 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); Wong v. Fong, 60 Haw. 601, 604, 593 P.2d 386, 389 (1979)
(ordinarily, a writ of mandamus is invoked in exceptional
circumstances amounting to judicial usurpation of power);
Honolulu Adv., Inc. v. Takao, 59 Haw. 237, 241, 580 P.2d 58, 62
(1978) (a writ of mandamus is meant to restrain a judge of an
inferior court from acting beyond or in excess of his or her
jurisdiction). Accordingly,
IT IS HEREBY ORDERED that the petition for writ of
mandamus is denied.
DATED: Honolulu, Hawai#i, January 17, 2020.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Sabrina S. McKenna
/s/ Richard W. Pollack
/s/ Michael D. Wilson
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