Dignity Health v. Dist. Ct. (Felix)

(2014); see Arnold v. Kip, 123 Nev. 410, 114, 168 P.3d 1050, 1052 (2007). "Writ relief is not proper to control the judicial discretion of the district court, 'unless discretion is manifestly abused or is exercised arbitrarily or capriciously," State v. Eighth Judicial Dist. Court, 118 Nev. 140, 147, 42 P.3d 233, 237 38 (2002) (quoting Round Hill Gen. Imp. Dist. v. Newman, - 97 Nev. 601, 604, 637 P.2d 534, 536 (1981)), and is rarely available to review a district court order denying a motion to dismiss or for summary judgment. Id. at 147, 42 P.3d at 238. For these reasons ; we decline to exercise our discretion in favor of entertaining this petition for extraordinary writ relief. See Smith v. Eighth Judicial Dist. Court, 107 Nev. 674, 677, 818 P.2d 849, 851 (1991) (the decision to issue writ relief lies within the discretion of this court). Accordingly, we ORDER the petition DENIED. Saitta cc: Hon. Elissa F. Cadish, District Judge Lewis Brisbois Bisgaard & Smith, LLP/Las Vegas Ann & Associates, PC Parker, Nelson & Associates Eighth District Court Clerk SUPREME COURT OF NEVADA 2 (0) 1947A (401.