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Mereora v. Dist. Ct. (Slc Llc)

2022-09-15

Summary · law.co

Holding. The petition for a writ of mandamus or prohibition was denied.

The Nevada Supreme Court denied a petition for a writ of mandamus or prohibition filed by Universal Motorcars and related parties, who sought to challenge district court orders that denied their motions to dismiss and for summary judgment. The petitioners asked the Supreme Court to intervene in the underlying litigation, but the court found that extraordinary relief was not warranted under established precedent.

The Supreme Court explained that it follows a general rule against entertaining writ petitions that challenge denials of motions to dismiss or summary judgment motions. The court determined that no exception to this rule applied to the case at hand. The petitioners bore the burden of demonstrating why the Supreme Court should exercise its discretionary power to grant relief, and they failed to meet that burden.

Summary generated by law.co from the public-domain opinion. The opinion text itself is public domain.

Key issues

  • Whether a writ of mandamus or prohibition should be granted to challenge district court orders denying motions to dismiss and summary judgment
  • Appropriateness of Supreme Court intervention in trial court proceedings through extraordinary writ relief
  • Whether exceptions existed to the general rule against entertaining such writ petitions

Procedural posture

The Nevada Supreme Court considered an original petition for a writ of mandamus or prohibition challenging district court orders denying motions to dismiss and for summary judgment.

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion · public domain

majority opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

LARISA MEREORA, AN INDIVIDUAL; No. 84967

THOMAS MULKINS, AN INDIVIDUAL;

NINA GROZAV, AN INDIVIDUAL; ION

NEAGU, AN INDIVIDUAL; ALISA

NEAUGU, AN INDIVIDUAL; MARIA

REYNOLDS, AN INDIVIDUAL; NNG

LLC, A NEVADA LIMITED LIABILITY

FILE

COMPANY, D/B/A UNIVERSAL SEP 9 5 2022

MOTORCARS; AND UNIVERSAL k BROWN

MOTORCAR LLC, A NEVADA LIMITED PROVE COURT

LIABILITY COMPANY, D/B/A CLERK

UNIVERSAL MOTORCARS,

Petitioners,

vs.

THE EIGHTH JUDICIAL DISTRICT

COURT OF THE STATE OF NEVADA,

IN AND FOR THE COUNTY OF

CLARK; AND THE HONORABLE

NADIA KRALL, DISTRICT JUDGE,

Respondents,

and

SLC LLC, A NEVADA LIMITED

LIABILITY COMPANY,

Real Party in Interest.

ORDER DENYING PETITION

This original petition for a writ of mandamus or prohibition

challenges district court orders denying motions to dismiss and for

summary judgment. Having considered the petition and its 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); Srnith v. Eighth Judicial Dist.

Court, 107 Nev. 674, 677, 679, 818 P.2d 849, 851, 853 (1991) (recognizing SUPREME COURT

OF

NEVADA

(0) I 947A <0. z -zscAz

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 challenging orders denying summary

judgment or motions to dismiss, and we are not persuaded that any

exception to the general rules applies here. Int'l Game Tech., Inc. u. 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); Smith

v. Eighth Judicial Dist. Court, 113 Nev. 1343, 1344-45, 950 P.2d 280, 281

(1997) (discussing writ petitions challenging denials of summary judgment);

see also Walker v. Second Judicial Dist. Court, 136 Nev. 678, 684, 476 P.3d

1194, 1199 (2020) (declining to provide writ relief when the underlying issue

involved factual disputes). Accordingly, we

ORDER the petition DENIED.'

-c 216°‘ , C.J.

Parraguirre

Cadish

at*, ,J , Sr.J.

cc: Hon. Nadia Krall, District Judge

Hofland & Tomsheck

Enenstein Pham & Glass/Las Vegas

Eighth District Court Clerk

'The Honorable Mark Gibbons, Senior Justice, participated in the

decision of this matter under a general order of assignment.

SUPREME COURT

OF

NEVADA

2

((1) 1447A