IN THE SUPREME COURT OF THE STATE OF HAWAI`I
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1250 OCEANSIDE PARTNERS, a Hawaii limited partnership,
Petitioner,
vs.
THE HONORABLE RONALD IBARRA, Respondent.
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ORIGINAL PROCEEDING
ORDER DENYING PETITIONER 1250
OCEANSIDE PARTNERS' PETITION FOR A WRIT OF MANDAMUS DIRECTING
THE HONORABLE RONALD IBARRA TO RESCIND HIS SUA SPONTE ORDER
TRANSFERRING THE HEARING ON 1250 OCEANSIDE PARTNERS' MOTION FOR
THE DISQUALIFICATION OR RECUSAL OF THE HONORABLE RONALD IBARRA
FROM PRESIDING AS THE JUDGE IN THIS LAWSUIT AND ITS MOTION
FOR STAY OF PROCEEDINGS TO
THE HONORABLE RIKI MAY AMANO
(By: Levinson, Acting C.J., Nakayama, J., Circuit Court Judge
Waldorf, in place of Acoba, J., who is unavailable, Circuit Court
Judge Graulty, assigned by reason of vacancy, and Circuit Judge
Chan, for Moon, C.J., who is absent)
Upon consideration of Petitioner 1250 Oceanside Partners' petition for
a writ of mandamus directing the Honorable Judge Ronald Ibarra to rescind
his sua sponte order transferring the hearing on 1250 Oceanside Partners'
motion for the disqualification or recusal of the Honorable Ronald Ibarra
from presiding as the judge in the lawsuit and its motion for stay of proceedings
to the Honorable Riki May Amano, the papers in support, and the records
and files herein, it appears that Petitioner fails to demonstrate that
it is entitled to a writ of mandamus. Therefore,
IT IS HEREBY ORDERED that the petition for a writ of mandamus is denied without prejudice to any remedy Petitioner may have by way of appeal from any adverse judgment.
DATED: Honolulu, Hawai`i, April 10, 2003.
Bert T. Kobayashi, Jr.,
George Gusman, III,
Robert D. Triantos, and
Edmund W.K. Haitsuka for
petitioner