1250 OCEANSIDE PARTNERS, a Hawaii limited partnership, Petitioner, v. THE HONORABLE RONALD IBARRA, Respondent.

25746Supreme Court of Hawaii.
April 10, 2003.

Bert T. Kobayashi, Jr., George Gusman, III, Robert D. Triantos, and Edmund W.K. Haitsuka for petitioner.

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

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
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.

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