Golden v. Tonaki

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Electronically Filed Supreme Court SCPW-21-0000671 06-DEC-2021 02:20 PM Dkt. 7 ODDP SCPW-21-0000671 IN THE SUPREME COURT OF THE STATE OF HAWAI#I LUANA GOLDEN AND JALYN GOLDEN, Petitioners, vs. THE HONORABLE JOHN M. TONAKI, Judge of the Circuit Court of the First Circuit, State of Hawai#i, Respondent Judge, and CRAIG Y. WATASE DBA MARK DEVELOPMENT INC., Respondent. ORIGINAL PROCEEDING (CASE NO. 1CCV-20-0000991) ORDER DENYING PETITION FOR WRIT OF MANDAMUS (By: Recktenwald, C.J., Nakayama, McKenna, Wilson, and Eddins, JJ.) Upon consideration of Petitioners Luana Golden and Jalyn Golden’s petition for writ of mandamus, filed on November 24, 2021, and the record, petitioners fail to demonstrate a clear and indisputable right to relief and have alternative means to seek relief, including filing a renewed motion for default in compliance with Rule 7 of the Rules of the Circuit Court of the State of Hawai#i. Based on the record, it cannot be said that the respondent judge exceeded his jurisdiction, committed a flagrant and manifest abuse of discretion, or refused to act on a matter in presiding over the case. Petitioners, therefore, are not entitled to the requested extraordinary writ. 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; such a writ is meant to restrain a judge of an inferior court who 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). Accordingly, It is ordered that the petition for writ of mandamus is denied. DATED: Honolulu, Hawai#i, December 6, 2021. /s/ Mark E. Recktenwald /s/ Paula A. Nakayama /s/ Sabrina S. McKenna /s/ Michael D. Wilson /s/ Todd W. Eddins 2

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