Zapata Vs. Dist. Ct. (Showcase 1415 Llc)

• Court: Nevada Supreme Court
• Decided: December 17, 2021
• Docket: 83788
• Status: Published

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

GLORIA ZAPATA, AS SPECIAL No. 83788 ADMINISTRATOR FOR THE ESTATE OF JONATHAN BLACKSTONE, DECEASED; AND MITCHELL BLACKSTONE, INDWIDUALLY AND AS HEIR TO THE ESTATE OF JONATHAN BLACKSTONE, Petitioners, FILED vs. DEC 1 7 2021 THE EIGHTH JUDICIAL DISTRICT ELIZABETH A. BROWN COURT OF THE STATE OF NEVADA, CLERK OF SUPREME COURT BY 3 \ IN AND FOR THE COUNTY OF CLARK; DErligga AND THE HONORABLE MONICA TRUJILLO, DISTRICT JUDGE, Respondents, and SHOWCASE 1415 LLC, A BUSINESS ENTITY INCORPORATED TO DO BUSINESS IN THE STATE OF NEVADA; SHOWCASE COSMO LLC, A BUSINESS ENTITY INCORPORATED TO DO BUSINESS IN THE STATE OF NEVADA; EC 2537 REALTY LLC, A BUSINESS ENTITY INCORPORATED TO DO BUSINESS IN THE STATE OF NEVADA; SHOWCASE INVESTORS 3 LLC, A BUSINESS ENTITY INCORPORATED TO DO BUSINESS IN THE STATE OF NEVADA; LAS VEGAS 3, LLC, A BUSINESS ENTITY INCORPORATED TO DO BUSINESS IN THE STATE OF NEVADA; SHOWCASE MALL VEGAS MANAGEMENT LLC, A BUSINESS ENTITY INCORPORATED TO DO BUSINESS IN THE STATE OF NEVADA; BG RETAIL, LLC, F/K/A

SUPREME COURT OF NEVADA

1941A

ORDER DENYING PETITION FOR A WRIT OF MANDAMUS This original petition for a writ of mandamus challenges a district court order granting a motion to dismiss. 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); 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). Specifically, we generally decline to exercise our discretion to entertain writ petitions challenging orders resolving motions to dismiss, and we are not convinced

; any of the exceptions apply in this case. See Smith v. Eighth Judicial Dist. Court, 113 Nev. 1343, 1344-45, 950 P.2d 280, 281 (1997) (discussing the exceptions to the general rule). We therefore, ORDER the petition DENIED.'

k / „..,,,.e,i_,:t_ \ , C.J. Hardesty

, J. r.J. Herndon Gibbmis

cc: Hon. Monica Trujillo, District Judge Richard Harris Law Firm Wilson, Elser, Moskowitz, Edelman & Dicker, LLP/Las Vegas Pyatt Silvestri Eighth District Court Clerk

1The Honorable Mark Gibbons, Senior Justice, participated in the decision of this matter under a general order of assignment.

SUPREME COURT

OF

NEVADA 3 (0) 947A