Nev. Check Cab Corp. Vs. Dist. Ct. (Defreitas)

• Court: Nevada Supreme Court
• Decided: January 23, 2020
• Docket: 80110
• Status: Published

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

NEVADA CHECKER CAB No. 80110 CORPORATION, A NEVADA CORPORATION, Petitioner, vs. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK; AND THE HONORABLE JOANNA KISHNER, DISTRICT JUDGE, CLE COURT

Respondents, BY

and EMMANUELYN DEFREITAS, AN INDIVIDUAL, Real Party in Interest.

ORDER DENYING PETITION This original petition for a writ of prohibition or mandamus challenges a district court order denying a motion for summary judgment in a personal injury action. Having considered the petition and its documentation, we are not persuaded that our extraordinary and discretionary intervention is warranted. 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); Smith 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

SUPREME COURT OF NEVADA

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• general rule applies here. Smith v. Eighth Judicial Dist. Court, 113 Nev. 1343, 1344-45, 950 P.2d 280, 281 (1997). Accordingly, we ORDER the petition DENIED.'

C.J. Pickering

J. Gibbo

, Sr. J. Douglas

cc: Hon. Joanna Kishner, District Judge Lincoln, Gustafson & Cercos Henness & Haight, Injury Attorneys Eighth District Court Clerk

!The Honorable Michael Douglas, Senior Justice, participated in the decision of this matter under a general order of assignment. SUPREME COURT OF NEVADA 2 (0, 1P47A