Schmidt v. Small Claims Division of the District Court of the First Circuit, Honolulu Division

Hawaii Supreme Court

Schmidt v. Small Claims Division of the District Court of the First Circuit, Honolulu Division

Hawaii Supreme Court·Decided November 7, 2025·No. SCPW-25-0000397·Published

Opinion

Electronically Filed

Supreme Court

SCPW-XX-XXXXXXX

07-NOV-2025

07:59 AM

Dkt. 8 ODDP

SCPW-XX-XXXXXXX

IN THE SUPREME COURT OF THE STATE OF HAWAIʻI

THOMAS F. SCHMIDT,

Petitioner,

vs.

SMALL CLAIMS DIVISION OF THE DISTRICT COURT OF THE FIRST CIRCUIT, HONOLULU DIVISION; and FIRESTONE TIRE & RUBBER COMPANY, Respondents.

ORIGINAL PROCEEDING

(CASE NO. 1DSC-XX-XXXXXXX)

ORDER DENYING PETITION FOR WRIT OF MANDAMUS (By: McKenna, Acting C.J., Eddins, Ginoza, and Devens, JJ., and Circuit Judge Kawamura, assigned by reason of vacancy)

Upon consideration of the petition for writ of mandamus, filed May 7, 2025, and the record, small claims court is a court of record. See Hawaiʻi Revised Statutes (HRS) § 604-17 (2016); see also HRS § 604-1 (2016). And the legislature did not exclude plaintiffs that file “litigation” in small claims court from the vexatious litigant prefiling requirement under HRS § 634J-7 (2016). See S. Stand. Comm. Rep. No. 467, in 1993

Senate Journal, at 978; H. Stand Comm. Rep. No. 1178, in 1993 House Journal, at 1473; see also Trs. of Estate of Bishop v. Au, 146 Hawaiʻi 272, 279, 463 P.3d 929, 936 (2020).

An extraordinary writ is unwarranted. See Womble Bond Dickinson (US) LLP v. Kim, 153 Hawaiʻi 307, 319, 537 P.3d 1154, 1166 (2023).

It is ordered that the petition is denied.

DATED: Honolulu, Hawaiʻi, November 7, 2025.

/s/ Sabrina S. McKenna

/s/ Todd W. Eddins

/s/ Lisa M. Ginoza

/s/ Vladimir P. Devens

/s/ Shirley M. Kawamura

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Electronically Filed

Supreme Court

SCPW-XX-XXXXXXX

07-NOV-2025

07:59 AM

Dkt. 8 ODDP

SCPW-XX-XXXXXXX

IN THE SUPREME COURT OF THE STATE OF HAWAIʻI

THOMAS F. SCHMIDT,

Petitioner,

vs.

SMALL CLAIMS DIVISION OF THE DISTRICT COURT OF THE FIRST CIRCUIT, HONOLULU DIVISION; and FIRESTONE TIRE & RUBBER COMPANY, Respondents.

ORIGINAL PROCEEDING

(CASE NO. 1DSC-XX-XXXXXXX)

ORDER DENYING PETITION FOR WRIT OF MANDAMUS (By: McKenna, Acting C.J., Eddins, Ginoza, and Devens, JJ., and Circuit Judge Kawamura, assigned by reason of vacancy)

Upon consideration of the petition for writ of mandamus, filed May 7, 2025, and the record, small claims court is a court of record. See Hawaiʻi Revised Statutes (HRS) § 604-17 (2016); see also HRS § 604-1 (2016). And the legislature did not exclude plaintiffs that file “litigation” in small claims court from the vexatious litigant prefiling requirement under HRS § 634J-7 (2016). See S. Stand. Comm. Rep. No. 467, in 1993

Senate Journal, at 978; H. Stand Comm. Rep. No. 1178, in 1993 House Journal, at 1473; see also Trs. of Estate of Bishop v. Au, 146 Hawaiʻi 272, 279, 463 P.3d 929, 936 (2020).

An extraordinary writ is unwarranted. See Womble Bond Dickinson (US) LLP v. Kim, 153 Hawaiʻi 307, 319, 537 P.3d 1154, 1166 (2023).

It is ordered that the petition is denied.

DATED: Honolulu, Hawaiʻi, November 7, 2025.

/s/ Sabrina S. McKenna

/s/ Todd W. Eddins

/s/ Lisa M. Ginoza

/s/ Vladimir P. Devens

/s/ Shirley M. Kawamura

Schmidt v. Small Claims Division of the District Court of the First Circuit, Honolulu Division, (haw 2025).

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