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ALFAPADA v. RICHARDSON

No. 6548.

567 P.2d 1239 (1977)

Sheryl L. ALFAPADA, Petitioner, v. Robert K. RICHARDSON, Judge of the District Court, First Circuit, Waianae Division, State of Hawaii, and Santiago B. Blanco, dba Pacific Homes Realty, Respondents.

Supreme Court of Hawaii.

August 15, 1977.

Attorney(s) appearing for the Case

Karen M. Radius, Legal Aid Society of Hawaii, Honolulu, for petitioner.

Robin K. Campaniano, Deputy Atty. Gen., State of Hawaii, Honolulu, for respondent Richardson.

Gary B.K.T. Lee, Honolulu (Ukishima & Matsubara, Honolulu, of counsel), for respondent Blando.

Before KOBAYASHI, Acting C.J., OGATA, MENOR and KIDWELL, JJ., and SHINTAKU, Circuit Judge, in place of RICHARDSON, C.J., disqualified.

PER CURIAM.

This petition for writ of prohibition seeks to restrain the respondent district judge from issuing a writ of possession in the action instituted on March 31, 1977 by the respondent Blanco (the landlord) for summary possession of premises occupied by petitioner (the tenant) under a written lease. The landlord's complaint alleged nonpayment of rent by the tenant. The tenant's answer denied that rent was due but did not affirmatively plead payment. Other...

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