Opinion
86391
06-16-2023
MANUEL A. GUILLEN, Petitioner, v. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK; AND THE HONORABLE ERIC JOHNSON, DISTRICT JUDGE, Respondents, and GEORGE ALFER FREGOSO, Real Party in Interest.
UNPUBLISHED OPINION
ORDER DENYING PETITION
This original petition for a writ of mandamus challenges an order denying a motion to dismiss, or alternatively a motion for summary judgment, in a tort action. Having considered the petition and supporting documentation, we are not persuaded that writ relief is warranted. See Pan u. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004) (observing that the party seeking writ relief bears the burden of showing such relief is warranted). Mandamus is an extraordinary remedy and whether to consider a petition seeking such relief is within this court's sole discretion. Smith v. Eighth Judicial Dist. Court, 107 Nev. 674, 677, 679, 818 P.2d 849, 851, 853 (1991). We generally decline to exercise that discretion as to petitions challenging orders denying motions to dismiss or for summary judgment, and we are not convinced that any of the exceptions for doing so apply in this case. Int'l Game Tech., Inc. v. Second Judicial Dist. Court, 124 Nev. 193, 197-98, 179 P.3d 556, 558-59 (2008) (discussing exceptions to the general rule). We therefore ORDER the petition DENIED.
Stiglich, C.J., Lee J., Bell, J.
Hon. Eric Johnson, District Judge