Yamano v. Ochiai

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Electronically Filed Supreme Court SCPW-20-0000359 15-MAY-2020 10:19 AM SCPW-20-0000359 IN THE SUPREME COURT OF THE STATE OF HAWAI#I YURIE YAMANO, Petitioner, vs. THE HONORABLE DEAN E. OCHIAI, Judge of the Circuit Court of the First Circuit, State of Hawai#i, Respondent Judge, and HALEKULANI CORPORATION; ULRICH KRAUER (General Manager of the Halekulani Hotel); JASON WATERLOW (Director of Food and Beverage); NICOLE L. BONENFANT (Director of Human Resources); and OSWALDO RABAGO (Asst. Director of Food and Beverage), Respondents. ORIGINAL PROCEEDING (CIVIL NO. 19-1-0432-03) ORDER DENYING “APPLICATION FOR WRIT OF PROHIBITION/MANDAMUS” (By: Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson, J.J.) Upon consideration of petitioner Yurie Yamano’s “Application for Writ of Prohibition/Mandamus”, filed on May 6, 2020, the documents attached thereto and submitted in support thereof, and the record, it appears that the underlying action remains pending in the circuit court. Petitioner is not entitled to the extraordinary relief requested from this court. 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); Honolulu Advertiser, Inc. v. Takao, 59 Haw. 237, 241, 580 P.2d 58, 62 (1978) (a writ of prohibition “is an extraordinary remedy . . . to restrain a judge of an inferior court from acting beyond or in excess of his jurisdiction.”). Accordingly, IT IS HEREBY ORDERED that the petition for writ of prohibition/mandamus is denied. IT IS HEREBY FURTHER ORDERED that the clerk of the appellate court shall process the petition for writ of prohibition/mandamus without payment of the filing fee. DATED: Honolulu, Hawai#i, May 15, 2020. /s/ Mark E. Recktenwald /s/ Paula A. Nakayama /s/ Sabrina S. McKenna /s/ Richard W. Pollack /s/ Michael D. Wilson 2

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