Ji v. Gangnes

Electronically Filed
Supreme Court
SCPW-16-0000322
04-MAY-2016
08:51 AM
SCPW-16-0000322
IN THE SUPREME COURT OF THE STATE OF HAWAI#I
SEONG HO JI and GX AUTO, INC., Petitioners,
vs.
THE HONORABLE HILARY BENSON GANGNES, Judge of the
District Court of the First Circuit, Honolulu Division,
State of Hawai#i, Respondent Judge
and
KAALAWAI HOLDINGS LLC dba UNITED TRUCK RENTAL
and SIONE VIMAHI aka SIONE VINMAHI, Respondents.
ORIGINAL PROCEEDING
(CIV. No. 1RC15-1-7933)
ORDER DENYING PETITION FOR WRIT OF MANDAMUS AND/OR PROHIBITION
(By: Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson, JJ.)
Upon consideration of Petitioner Seong Ho Ji and GX
Auto, Inc.’s petition for writ of mandamus and/or prohibition,
filed April 7, 2016, the documents attached thereto and submitted
in support thereof, and the record, it appears that petitioners
fail to demonstrate that they have a clear and indisputable right
to the requested relief or that they lack alternative means to
seek relief. Petitioners, therefore, are not entitled to an
extraordinary writ. 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); Honolulu Advertiser, Inc. v. Takao, 59 Haw.
237, 241, 580 P.2d 58, 62 (1978) (a writ of mandamus and a writ
of prohibition are extraordinary remedies meant to, among other
things, restrain a judge of an inferior court from acting beyond
or in excess of his or her jurisdiction; they are not intended to
supersede the legal discretionary authority of the trial courts,
cure a mere legal error, or serve as a legal remedy in lieu of
normal appellate procedure). Accordingly,
IT IS HEREBY ORDERED that the petition for writ of
mandamus and/or prohibition is denied.
DATED: Honolulu, Hawai#i, May 4, 2016.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Sabrina S. McKenna
/s/ Richard W. Pollack
/s/ Michael D. Wilson
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