Mather v. Chang

• Court: Hawaii Supreme Court
• Decided: January 21, 2015
• Docket: SCPW-14-0001362
• Status: Published

Opinion

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