Opinion
SCPW-14-0001096
11-25-2014
ORIGINAL PROCEEDING
(CAAP-14-0000436; CAAP-14-0001238; CIV. NO. 1RC-13-8808)
ORDER DENYING PETITION FOR WRIT OF PROHIBITION
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Upon consideration of Petitioners Young Hui Kim and CK Enterprises, LLC's petition for a writ of prohibition, filed on September 2, 2014, the documents attached thereto and submitted in support thereof, and the record, it appears that Petitioners fail to demonstrate that extraordinary relief is warranted under the facts and circumstances of this matter and Petitioners may seek relief, as appropriate, in their pending appeals (CAAP-14-0000436 and CAAP-14-0001238). Petitioners, therefore, are not entitled to the requested writ of prohibition. See Honolulu Adv., Inc. v. Takao, 59 Haw. 237, 241, 580 P.2d 58, 62 (1978) (a writ of prohibition "is an extraordinary remedy . . . to restrain a judge of an inferior court from acting beyond or in excess of his jurisdiction"); Gannett Pac. Corp. v. Richardson, 59 Haw. 224, 226, 580 P.2d 49, 53 (1978) (a writ of prohibition is not meant to serve as a legal remedy in lieu of normal appellate procedures; rather, it is available in "rare and exigent circumstances" where "allow[ing] the matter to wend its way through the appellate process would not be in the public interest and would work upon the public irreparable harm"). Accordingly,
IT IS HEREBY ORDERED that the petition for a writ of prohibition is denied.
DATED: Honolulu, Hawai'i, November 25, 2014.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Sabrina S. McKenna
/s/ Richard W. Pollack
/s/ Michael D. Wilson