Pajarillo Vs. Quality Loan Corp.

• Court: Nevada Supreme Court
• Decided: May 20, 2021
• Docket: 82888
• Status: Published

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

FIDEL H. PAJARILLO, No. 82888 Petitioner, vs. QUALITY LOAN SERVICE FILE CORPORATION, MAY 2 Ð 2021 Res sondent. A. BROWN EME COURT BY DEPUT CLERK

ORDER DENYING PETITION FOR WRIT OF MANDATE

This pro se, emergency original petition for a writ of mandate seeks an order precluding respondent from carrying out a trustee's sale on petitioner's property. Whether to entertain a petition for extraordinary writ relief is entirely discretionary with this court. Leibowitz v. Eighth Judicial Dist. Court, 119 Nev. 523, 529, 78 P.3d 515, 519 (2003). It is petitioner's burden to demonstrate that extraordinary relief is warranted. Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004). Having considered the petition and supporting documents, we conclude that petitioner has not demonstrated that our extraordinary intervention is warranted. See Nev. Const. art. 4, § 30 ([B]ut no property shall be exempt from sale for taxes or for the payment of obligations contracted for the purchase of said premises, or for the erection of improvements thereon . . . ."); NRS 1.15.010(3) CExcept as otherwise provided in subsection 4, the exemption provided in subsection 1 does not extend to process to enforce . . . [a]ny mortgage or deed of trust thereon executed and given . . ."); see also Round Hill Gen. Improvement Dist. v.

SUPREME COURT OF NEVADA

01 1947A 4:40114 - Hs-1 Newman, 97 Nev. 601, 604, 637 P.2d 534, 536 (1981) (explaining that appellate courts are not suited to resolve factual disputes and therefore will not exercise discretion to entertain a writ petition when there are factual questions). Thus, we ORDER the petition DENIED.

, C.J. Hardesty

J.

J. Cadish

cc: Fidel H. Pajarillo Quality Loan Service Corporation