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Mather-Gemelli v. Chang

Supreme Court of Hawaii

January 21, 2015

DIANE ELIZABETH MATHER-GEMELLI a.k.a. DIANE ELIZABETH MATHER and BRENTWOOD ASSOCIATES, LLC, Petitioners,
v.
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)

Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson, JJ.

ORDER DENYING PETITION FOR WRIT OF MANDAMUS

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.


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