Opinion
No. 73012
06-13-2017
LETICIA R. CASTRO; AND GRUPOMEX HOLDINGS, LLC, Petitioners, v. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK; AND THE HONORABLE JAMES CROCKETT, DISTRICT JUDGE, Respondents, and GERALDINE KIRK-HUGHES, ESQ.; AND JOHN SALOV, Real Parties in Interest.
ORDER DENYING PETITION FOR WRIT OF MANDAMUS
This is an original petition for a writ of mandamus challenging the district court's decision to allow real party in interest Geraldine Kirk-Hughes, Esq. to intervene in the underlying action.
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 a manifest abuse of discretion. See NRS 34.160; Round Hill Gen. Improvement Dist. v. Newman, 97 Nev. 601, 603-04, 637 P.2d 534, 536 (1981). A petition for mandamus relief constitutes an extraordinary remedy, and whether such a petition will be considered is solely within our discretion. See Smith v. Eighth Judicial Dist. Court, 107 Nev. 674, 677, 679, 818 P.2d 849, 851, 853 (1991). Moreover, petitioners have the burden of demonstrating that our extraordinary intervention is warranted. See Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004).
Having considered the petition, we conclude petitioners have not demonstrated that our extraordinary intervention is warranted. See id.; Smith, 107 Nev. at 677, 818 P.2d at 851. Accordingly, we deny the petition. NRAP 21(b)(1).
It is so ORDERED.
/s/_________, C.J.
Silver
/s/_________, J.
Tao
/s/_________, J.
Gibbons cc: Hon. James Crockett, District Judge
David Lee Phillips & Associates
Kirk-Hughes & Associates
Varricchio Law Firm
Eighth District Court Clerk