S. Nev. Auto Sales, Llc v. Dist. Ct. (Gonzales, M.D.) ( 2022 )


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  • IN THE SUPREME COURT OF THE STATE OF NEVADA
    SOUTHERN NEVADA AUTO SALES, No. 84903
    LLC, D/B/A OPEN LOT USED CAR
    SALES,
    Petitioner,
    vs.
    THE EIGHTH JUDICIAL DISTRICT FILED
    COURT OF THE STATE OF NEVADA,
    IN AND FOR THE COUNTY OF AUG 1.1 2022
    CLARK; AND THE HONORABLE BITA
    YEAGER, DISTRICT JUDGE, CUEBICSF gAPREME COURT
    Respondents, DEPUTY CLERK
    and
    FRANKIE GONZALES, M.D.,
    Real Party in Interest.
    ORDER DENYING PETITION
    This original petition for a writ of mandamus or prohibition
    challenges a district court order denying a motion to dismiss in a torts
    action. Having considered the petition and its documentation, we are not
    persuaded that our extraordinary and discretionary intervention is
    warranted. See Walker v. Second Judicial Dist. Court, 
    136 Nev. 678
    , 683,
    A76 P.3d 1194, 1198 (2020) (declining to grant writ relief when a later
    appeal was available); 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 that challenge orders denying
    motions to dismiss, and we are not persuaded that any exception to the
    Supreme Court
    OF
    Nevaba
    C2-l5 206
    (0) 19474 eR
    general rule applies here. Int'l Game Tech., Inc. v. Second Judicial Dist.
    Court, 
    124 Nev. 193
    , 197-98, 
    179 P.3d 556
    , 558-59 (2008) (discussing writ
    petitions challenging denials of motions to dismiss). We therefore
    ORDER the petition DENIED.!
    a
    Parraguirre
    Silver Gibbon?
    ec: Hon. Bita Yeager, District Judge
    Kravitz Schnitzer Johnson Watson & Zeppenfeld, Chtd.
    Injury Lawyers of Nevada
    Huang & Associates
    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
    (0) 19474 eb
    2
    

Document Info

Docket Number: 84903

Filed Date: 8/11/2022

Precedential Status: Precedential

Modified Date: 8/12/2022