Opinion
No. 60519.
05-10-2012
Jeffrey A. DICKERSON, Petitioner, v. The SECOND JUDICIAL DISTRICT COURT OF the STATE of Nevada, In and for the COUNTY OF WASHOE; And the Honorable Jerome Polaha, District Judge, Respondents, and Victor P. Republicano Jr. ; and Vivian Simon, Real Parties in Interest.
Jeffrey A Dickerson Downey Brand LLP Vivian Simon
Jeffrey A Dickerson
Downey Brand LLP
Vivian Simon
ORDER DENYING PETITION FOR WRIT OF MANDAMUS OR PROHIBITION
This original petition for a writ of mandamus or prohibition challenges a district court order denying a motion to dismiss.
A writ of mandamus is available to compel the performance of an act that the law requires as a duty resulting from an office, trust, or station, or to control an arbitrary or capricious exercise of discretion. See NRS 34.160 ; International Game Tech. v. Dist. Ct., 124 Nev. 193, 197, 179 P.3d 556, 558 (2008). This court may issue a writ of prohibition to arrest the proceedings of a district court exercising its judicial functions when such proceedings are in excess of the district court's jurisdiction. See NRS 34.320 ; Smith v. District Court. 107 Nev. 674, 677, 818 P.2d 849, 851 (1991). It is within this court's discretion to determine if a writ petition will be considered. Smith. 107 Nev. at 677, 818 P.2d at 851. Petitioner bears the burden of demonstrating that extraordinary relief is warranted. Pan v. Dist. Ct., 120 Nev. 222, 228, 88 P.3d 840, 844 (2004).
Having considered the petition, we conclude that our intervention by way of extraordinary relief is not warranted. Accordingly, we deny the petition. Smith, 107 Nev. at 677, 818 P.2d at 851; NRAP 21(b)(1).
It is so ORDERED.