Gonsalves v. Holma

• Court: Hawaii Supreme Court
• Decided: December 7, 2023
• Docket: SCPW-23-0000463
• Status: Published

Opinion

Electronically Filed Supreme Court SCPW-XX-XXXXXXX 07-DEC-2023 08:02 AM Dkt. 22 OGP

SCPW-XX-XXXXXXX

IN THE SUPREME COURT OF THE STATE OF HAWAIʻI ________________________________________________________________

CELESTE M. GONSALVES, Petitioner,

vs.

THE HONORABLE KARIN L. HOLMA, Judge of the District Court of the First Circuit, State of Hawaiʻi, Respondent Judge,

and

JEAN M. ORQUE, Respondent. ________________________________________________________________

ORIGINAL PROCEEDING (1DSC-XX-XXXXXXX)

ORDER GRANTING PETITION FOR WRIT OF MANDAMUS (By: Recktenwald, C.J., McKenna, and Eddins, JJ., Circuit Judge Kawano and Circuit Judge Kawashima, assigned by reason of vacancies)

Upon consideration of the petition, Respondent’s answer to

the petition, Petitioner’s reply, and the record, this court is

satisfied that Petitioner has met the service required by Hawaiʻi

Revised Statutes § 633-28(a)(2) (2016) and Rules of the Small

Claims Division of the District Courts (RSCD) Rule 3(c). See RSCD Rule 1 (stating that the RSCD shall be construed to secure

the just, speedy, and inexpensive determination of every

action); RSCD Rule 9 (“The court shall not be bound by rules of

evidence except provisions relating to privileged

communications.”); see also Kema v. Gaddis, 91 Hawaiʻi 200, 204,

982 P.2d 334, 338 (1999) (mandamus standard).

The evidence reflects that someone signed the certified

mail receipt as the addressee within the first judicial circuit

and Respondent has been appearing for the hearings, including

the first hearing on June 30, 2023.

It is ordered that the petition is granted and a writ shall

issue requiring the Respondent Judge, or any presiding judge of

the Small Claims Division of the District Court of the First

Circuit, to move 1DSC-XX-XXXXXXX beyond the service issue,

including setting for trial if necessary.

DATED: Honolulu, Hawaiʻi, December 7, 2023.

/s/ Mark E. Recktenwald

/s/ Sabrina S. McKenna

/s/ Todd W. Eddins

/s/ Kelsey T. Kawano

/s/ James S. Kawashima