Mather v. Chang

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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. not entitled to a writ of mandamus. Petitioners, therefore, are 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

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