Golden v. Tonaki

• Court: Hawaii Supreme Court
• Decided: December 7, 2021
• Docket: SCPW-21-0000671
• Status: Published

Opinion

Electronically Filed Supreme Court SCPW-XX-XXXXXXX 06-DEC-2021 02:20 PM Dkt. 7 ODDP

SCPW-XX-XXXXXXX

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-XX-XXXXXXX)

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