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

2021-12-17

Summary

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

The plaintiffs, acting as representatives of a deceased person's estate, sought a writ of mandamus to overturn a district court's decision to dismiss their case. A writ of mandamus is an extraordinary court remedy that the Nevada Supreme Court uses sparingly. The Supreme Court found that the petitioners failed to demonstrate that this extraordinary intervention was justified in their circumstances.

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

Key issues

  • Whether a writ of mandamus was warranted to challenge a dismissal order
  • Whether exceptions to the general rule against entertaining writ petitions on dismissal motions applied

Procedural posture

The petitioners filed an original petition with the Nevada Supreme Court seeking a writ of mandamus to challenge a district court order granting a motion to dismiss.

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority 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 <stein

02)-350r79

BROWN GROUP RETAIL, INC., D/B/A

FAMOUS FOOTWEAR, A FOREIGN

BUSINESS ENTITY CONDUCTING

BUSINESS IN NEVADA; AND U.S.

SECURITY ASSOCIATES, INC., A

FOREIGN BUSINESS ENTITY

CONDUCTING BUSINESS IN NEVADA,

Real Parties in Interest.

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

2

;

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