Everest Indem. Ins. Co. v. Second Judicial Dist. Court of State

Parraguirre

This original petition for a writ of mandamus, or alternatively, prohibition, challenges district court orders granting and denying motions for partial summary judgment in an insurance contract action.

A writ of mandamus is an extraordinary remedy available to compel the performance of an act that the law requires or to control an arbitrary or capricious exercise of discretion. NRS 34.160; Int'l Game Tech., Inc. v. Second Judicial Dist. Court, 124 Nev. 193, 197, 179 P.3d 556, 558 (2008). A writ of prohibition may be warranted when the district court exceeds its jurisdiction. NRS 34.320; Smith v. Eighth Judicial Dist. Court, 107 Nev. 674, 677, 818 P.2d 849, 851 (1991). Whether a petition for writ relief will be considered is within this court's sole discretion, Smith, 107 Nev. at 677, 818 P.2d at 851, and it is petitioner's burden to demonstrate that our extraordinary intervention is warranted. Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004). Moreover, writ relief is generally available only when there is no plain, speedy, and adequate remedy in the ordinary course of law. NRS 34.170; NRS 34.330; Int'l Game Tech., 124 Nev. at 197, 179 P.3d at 558.

Having considered the petition, we are not persuaded that our intervention is warranted at this time. NRAP 21(b)(1); Pan, 120 Nev. at 228, 88 P.3d at 844; Smith, 107 Nev. at 677, 818 P.2d at 851. Accordingly, we

ORDER the petition DENIED.

/s/_________, J.

Parraguirre

/s/_________, J.

Douglas

/s/_________, J.

Cherry
cc: Hon. Janet J. Berry, District Judge

Thompson, Coe, Cousins & Irons, L.L.P.

Georgeson Angaran, Chtd.

Lemons, Grundy & Eisenberg

Maddox, Segerblom & Canepa, LLP

Gordon & Rees, LLP

Leverty & Associates Law, Chtd.

Washoe District Court Clerk