Hong v. Dist. Ct. (Lynn)

IN THE SUPREME COURT OF THE STATE OF NEVADA JOSEPH HONG, AN INDIVIDUAL; No. 84714 AND HONG & HONG, APLC, D/B/A HONG & HONG LAW FIRM, AN UNKNOWN BUSINESS ENTITY OPERATING AS A LAW FIRM IN NEVADA, A NEVADA PROFESSIONAL CORPORATION, FILED Petitioners, JUN U 2022 vs. A. BROWN THE EIGHTH JUDICIAL DISTRICT EME COURT COURT OF THE STATE OF NEVADA, CLERK IN AND FOR THE COUNTY OF CLARK; AND THE HONORABLE JESSICA K. PETERSON, DISTRICT JUDGE, Respondents, and DENISE LYNN; AND DESERT SHELTERS, LLC, Real Parties in Interest. ORDER DENYING PETITION This is an original petition for a writ of mandamus challenging a district court order denyliig a motion to dismiss pursuant to NRCP 16.1(e). "A writ of mandamus is available to compel the performance of an act that the law requires . . . or to control an arbitrary or capricious exercise of discretion." Int'l Gctme Tech., Inc. v. Second Judicial Dist. Court, 124 Nev. 193, 197, 179 P.3d 556, 558 (2008); see NRS 34.160. This court has original jurisdiction to issue writs of mandamus, and the issuance of such extraordinary relief is within this court's sole discretion. See Nev. Const. art. 6, § 4; D.R. Horton, Inc. v. Eighth Judicial Dist. Court, 123 Nev. 468, 474-75, 168 P.3d 731, 736-37 (2007). Petitioners bear the burden to SUPREME COURT OF NEVADA (0) 1947A aCSADOD .1 - I "-ti3 show that extraordinary relief is warranted. See Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 841 (2004). As a general rule, "judicial economy and sound judicial administration militate against the utilization of mandamus petitions to review orders denying motions to dismiss and motions for summary judgment." State ex rel. Dep't of Transp. v. Thompson, 99 Nev. 358, 362, 662 P.2d 1338, 1340 (1983), as modified by State v. Eighth Judicial Dist. Court (Anzalone), 118 Nev. 140, 147, 42 P.3d 233, 238 (2002); Buckwalter v. Dist. Court, 126 Nev. 200, 201, 234 P.3d 920, 921 (2010) (noting that "[n]ormally this court will not entertain a writ petition challenging the denial of a motion to dismiss"). Although the rule is not absolute, see Int? Garne Tech., 122 Nev. at 142-43, 127 P.3d at 1096, petitioner has not established the district court manifestly abused its discretion. Accordingly, we ORDER the petition DENIED. -PA„,L06.ike rraguirre e -J. / ArA.txri_zt ,J A/4C4--0 , J. Hardesty Stiglich cc: Hon. Jessica K. Peterson, District Judge Lipson Neilson P.C. Accelerated Law Group Eighth District Court Clerk SUPREME COURT Of NEVADA 2 (Of I947A .6111PPC.