Electronically Filed
Supreme Court
SCPW-14-0000884
05-AUG-2014
11:17 AM
SCPW-14-0000884
IN THE SUPREME COURT OF THE STATE OF HAWAI#I
STATE OF HAWAI#I, BY ITS OFFICE OF CONSUMER PROTECTION,
Petitioner,
vs.
THE HONORABLE RHONDA A. NISHIMURA,
JUDGE OF THE CIRCUIT COURT OF THE FIRST CIRCUIT,
Respondent Judge,
and
COURTESY VALET SERVICE, INC. dba HAWAII BOOT REMOVAL;
SEAN STARN; BOODA TOWING AND RECOVERY, LLC; ABRAHAM FU
aka EDGE; COMMERCIAL REAL ESTATE SERVICES, INC.,
Respondents.
ORIGINAL PROCEEDING
(CIV. NO. 13-1-1575-05 RAN)
ORDER DENYING PETITION FOR WRIT OF MANDAMUS
(By: Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson, JJ.)
Upon consideration of Petitioner State of Hawai#i
Office of Consumer Protection’s petition for a writ of mandamus,
filed on June 12, 2014, the documents attached thereto and
submitted in support thereof, and the record, it appears that
Petitioner fails to demonstrate that the Respondent Judge
committed a flagrant and manifest abuse of discretion in denying
the motion for preliminary injunction. Petitioner, therefore, is
not entitled to a writ of mandamus. See Kema v. Gaddis, 91
Hawai#i 200, 204-05, 982 P.2d 334, 338-39 (1999) (a writ of
mandamus 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 HEREBY ORDERED that the petition for a writ of
mandamus is denied.
DATED: Honolulu, Hawai#i, August 5, 2014.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Sabrina S. McKenna
/s/ Richard W. Pollack
/s/ Michael D. Wilson
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