Cabada Vs. Dist. Ct. (Richardson)

• Court: Nevada Supreme Court
• Decided: November 13, 2020
• Docket: 81904
• Status: Published

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

OSCAR CABADA, AN INDIVIDUAL; No. 81904 AND JOSE ALBERTO CABADA- OROZCO, AN INDIVIDUAL, Petitioners, FILE vs. NOV I 3 MO THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK; AND THE HONORABLE KENNETH C. CORY, DISTRICT JUDGE, Respondents, AND PETER RICHARDSON, AN INDIVIDUAL, Real Party in Interest.

ORDER DENYING PETITION FOR A WRIT OF MANDAMUS This original petition for a writ of mandamus challenges a district court order denying summary judgment in a personal injury action. Having considered the petition and its supporting documentation, we are not persuaded that our extraordinary and discretionary intervention is warranted. See Pan v. 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); Srnith v. Eighth Judicial Dist. Court, 107 Nev. 674, 677, 679, 818 P.2d 849, 851, 853 (1991) (recognizing that writ relief is an extraordinary remedy and that this court has sole discretion in determining whether to entertain a writ petition). Generally, we will not consider writ petitions challenging orders denying motions for summary judgment, and we are not persuaded that any exception to the general rule applies here. Smith v. Eighth Judicial Dist. Court, 113 Nev. 1343, 1344-45, 950 P.2d 280, 281 (1997). We therefore, ORDER the petition DENIED.

Parraguirre

J. Hardesty

, J.

cc: Hon. Kenneth C. Cory, District Judge Bauman Loewe Witt & Maxwell, PLLC/Las Vegas Drummond Law Firm Law Office of Lee J. Grant II Eighth District Court Clerk