Electronically Filed
Supreme Court
SCPW-18-0000249
16-APR-2018
10:58 AM
SCPW-18-0000249
IN THE SUPREME COURT OF THE STATE OF HAWAI#I
DEBORAH ANN HOKULANI JOSHUA, Petitioner,
vs.
THE HONORABLE BERT I. AYABE, THE HONORABLE JEANNETTE H.
CASTAGNETTI, and THE HONORABLE JEFFREY P. CRABTREE,
Judges of the Circuit Court of the First Circuit,
State of Hawai#i, Respondent Judges,
and
STATE OF HAWAI#I, By Its Office of Consumer Protection,
RONALD R. RABANG, and MATTHEW G. AIELLO, Respondents.
ORIGINAL PROCEEDING
(CIV. NO. 08-1-0240)
ORDER DENYING PETITION FOR WRIT OF MANDAMUS
(By: Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson, JJ.)
Upon consideration of petitioner Deborah Ann Hokulani
Joshua’s petition for writ of mandamus, filed on March 29, 2018,
the documents attached thereto and submitted in support thereof,
and the record, it appears that, based on the record presented to
the court, petitioner fails to demonstrate that she is entitled
to the requested 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 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; where a court has
discretion to act, mandamus will not lie to interfere with or
control the exercise of that discretion, even when the judge has
acted erroneously, unless the judge 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 writ of
mandamus is denied.
DATED: Honolulu, Hawai#i, April 16, 2018.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Sabrina S. McKenna
/s/ Richard W. Pollack
/s/ Michael D. Wilson
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