Spanish Heights Acquisition Co., Llc v. Dist. Ct. (Cbs Partners I, Llc)

IN THE SUPREME COURT OF THE STATE OF NEVADA
SPANISH HEIGHTS ACQUISITION No. 84149
COMPANY, LLC; SJC VENTURES
HOLDING COMPANY, LLC, D/B/A SJC
VENTURES, LLC,
Petitioners,
vs.
THE EIGHTH JUDICIAL DISTRICT
FILED
COURT OF THE STATE OF NEVADA, FEB 0 1 2022
IN AND FOR THE COUNTY OF EUZABETH A. BROWN
CLARK; AND THE HONORABLE CLERK OF nIPREME COURT
BY Y
JOANNA KISHNER, DISTRICT DEPUTY CLERK
JUDGE,
Respondents,
and
CBC PARTNERS I, LLC; CBC
PARTNERS, LLC; 5148 SPANISH
HEIGHTS, LLC; KENNETH ANTOS;
AND SHEILA NEUMANN-ANTOS;
DACIA, LLC,
Real Parties in Interest.
ORDER DENYING PETITION
FOR WRIT OF MANDAMUS OR PROHIBITION
This original, emergency petition for a writ of mandamus or
prohibition challenges the district coures January 28, 2022, oral ruling on
petitioners motion for an injunction to prevent a non-judicial foreclosure
sale from proceeding. Petitioners have also filed an emergency motion for
stay.
Having considered the petition and supporting documentation,
we are not convinced 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.
SUPREME COURT
OF
NEVADA
0202 - 3629?
Court, 107 Nev. 674, 677, 818 P.2d 849, 851 (1991) (recognizing that writ
relief is an extraordinary remedy and that this court has sole discretion in
determining whether to entertain a writ petition). In particular, the
availability of an appeal is generally an adequate legal remedy precluding
writ relief. Pan, 120 Nev. at 224, 88 P.3d at 841; see NRS 34.170; NRS
34.330. Petitioners may appeal from the district court's order denying an
injunction, NRAP 3A(b)(3), and we are not persuaded that such an appeal
would be an inadequate remedy here. Accordingly, we
ORDER the petition DENIED.'
Parraguirre
Poet,
Silver Pickering
cc: Hon. Joanna Kishner, District Judge
Maier Gutierrez & Associates
Mushkin & Coppedge
Eighth District Court Clerk
'Petitioners have additionally failed to demonstrate that it was
impracticable to first seek stay relief in the district court, which is in a
better position to determine issues of duration and bond amount, under
NRAP 8(a). In light of this order, however, their emergency motion for stay
is denied as moot.
SUPREME COURT
OF
NEVADA 2
(Op 1947A <4i:DP