COUNTY OF HAWAII v. RICHARDS, 25747 (Haw. 4-10-2003)

COUNTY OF HAWAI`I, a municipal corporation, Plaintiff, v. ROBERT NIGEL RICHARDS, TRUSTEE UNDER THE MARILYN SUE WILSON TRUST; ROBERT NIGEL RICHARDS, TRUSTEE UNDER THE JOAN ELIZABETH COUPE TRUST; CHARLES WILLIAM COUPE; JOAN ELIZABETH COUPE; MILES HUGH WILSON; JOAN COUPE, TRUSTEE UNDER REVOCABLE TRUST OF JOAN COUPE DATED MARCH 30, 1989; JOHN DOES 1-100; JANE DOES 1-100; DOE PARTNERSHIPS 1-100; DOE CORPORATIONS 1-100; DOE ENTITIES 1-100; and DOE GOVERNMENTAL UNITS 1-100, Defendants and ROBERT NIGEL RICHARDS, TRUSTEE UNDER THE JOAN ELIZABETH COUPE TRUST; CHARLES WILLIAM COUPE; JOAN ELIZABETH COUPE; JOAN COUPE, TRUSTEE UNDER REVOCABLE TRUST OF JOAN COUPE DATED MARCH 30, 1989, Defendants/Counterclaimants, v. COUNTY OF HAWAII, a municipal corporation, Plaintiff/Counterclaim Defendant, and ROBERT NIGEL RICHARDS, TRUSTEE UNDER THE JOAN ELIZABETH COUPE TRUST; CHARLES WILLIAM COUPE; JOAN ELIZABETH COUPE; JOAN COUPE, TRUSTEE UNDER REVOCABLE TRUST OF JOAN COUPE DATED MARCH 30, 1989, Third-Party Plaintiffs, v. 1250 OCEANSIDE PARTNERS aka HOKULI’A, Petitioner/Third-Party Defendant.

25747Supreme Court of Hawaii.
April 10, 2003.

John R. Dwyer, Jr., Blake W. Bushnell and David A. Sgan for third-party defendant 1250 Oceanside Partners aka Hokulia.

LEVINSON, ACTING C.J, NAKAYAMA, J., CIRCUIT JUDGE WALDORF, IN PLACE OF ACOBA, J., WHO IS UNAVAILABLE, and CIRCUIT JUDGE GRAULTY, ASSIGNED BY REASON OF VACANCY, and CIRCUIT JUDGE CHAN, IN PLACE OF MOON, C.J., WHO IS ABSENT

ORIGINAL PROCEEDING ORDER DENYING THIRD-PARTY DEFENDANT 1250 OCEANSIDE PARTNERS AKA HOKULIA’S PETITION FOR A WRIT OF MANDAMUS DIRECTING THE HONORABLE RONALD IBARRA TO RESCIND HIS SUA SPONTE ORDER TRANSFERRING THE HEARING ON 1250 OCEANSIDE PARTNERS AKA HOKULIA’S MOTION FOR THE DISQUALIFICATION OR RECUSAL OF THE HONORABLE RONALD IBARRA FROM PRESIDING AS THE JUDGE IN THIS LAWSUIT TO THE HONORABLE RIKI MAY AMANO
Upon consideration of Third-Party Defendant 1250 Oceanside Partners aka Hokulia’s 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 to the Honorable Riki May Amano, the papers in support, and the records and files herein, it appears that 1250 Oceanside Partners 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 1250 Oceanside Partners may have from any adverse judgment.