Electronically Filed

Supreme Court

SCPW-XX-XXXXXXX

06-DEC-2021

02:20 PM

Dkt. 7 ODDP

SCPW-XX-XXXXXXX

IN THE SUPREME COURT OF THE STATE OF HAWAI#I

LUANA GOLDEN AND JALYN GOLDEN, Petitioners,

vs. THE HONORABLE JOHN M. TONAKI, Judge of the Circuit Court of the

First Circuit, State of Hawai#i, Respondent Judge,

and

CRAIG Y. WATASE DBA MARK DEVELOPMENT INC., Respondent.

ORIGINAL PROCEEDING

(CASE NO. 1CCV-XX-XXXXXXX)

ORDER DENYING PETITION FOR WRIT OF MANDAMUS (By: Recktenwald, C.J., Nakayama, McKenna, Wilson, and Eddins, JJ.)

Upon consideration of Petitioners Luana Golden and Jalyn Golden’s petition for writ of mandamus, filed on November 24, 2021, and the record, petitioners fail to demonstrate a clear and indisputable right to relief and have alternative means to seek relief, including filing a renewed motion for default in compliance with Rule 7 of the Rules of the Circuit Court of the State of Hawai#i. Based on the record, it cannot be said that the respondent judge exceeded his jurisdiction, committed a flagrant and manifest abuse of discretion, or refused to act on a matter in presiding over the case. Petitioners, therefore, are not entitled to the requested extraordinary writ. 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; such a writ 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 ordered that the petition for writ of mandamus is denied.

DATED: Honolulu, Hawai#i, December 6, 2021.

/s/ Mark E. Recktenwald

/s/ Paula A. Nakayama

/s/ Sabrina S. McKenna

/s/ Michael D. Wilson

/s/ Todd W. Eddins

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