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Clark Cnty. Fire Dep't v. Eighth Judicial Dist. Court of Nev.

COURT OF APPEALS OF THE STATE OF NEVADA
Oct 30, 2017
No. 73774 (Nev. App. Oct. 30, 2017)

Opinion

No. 73774

10-30-2017

CLARK COUNTY FIRE DEPARTMENT, Petitioner, v. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK; AND THE HONORABLE DOUGLAS SMITH, DISTRICT JUDGE, Respondents, and ALI JAHANFARD, Real Party in Interest.


ORDER DENYING PETITION FOR WRIT OF MANDAMUS

This original petition for a writ of mandamus challenges a district court order denying petitioner's motion to dismiss an employment 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 an arbitrary or capricious exercise of discretion. See 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 mandamus will not issue, however, if the petitioner has a plain, speedy, and adequate remedy at law. See NRS 34.170; Int'l Game Tech., 124 Nev. at 197, 179 P.3d at 558. Further, mandamus is an extraordinary remedy, and it is within the discretion of this court to determine if a petition will be considered. See Smith v. Eighth Judicial Dist. Court, 107 Nev. 674, 677, 679, 818 P.2d 849, 851, 853 (1991). Petitioner bears the burden of demonstrating that extraordinary relief is warranted. See Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004).

Having considered the documents before us, we conclude that petitioner has failed to demonstrate that extraordinary writ relief is warranted. See id. Accordingly, we deny the petition. See NRAP 21(b)(1); Smith, 107 Nev. at 677, 818 P.2d at 851.

It is so ORDERED.

/s/_________, C.J.

Silver

/s/_________, J.

Tao

/s/_________, J.

Gibbons cc: Hon. Douglas Smith, District Judge

Lewis Brisbois Bisgaard & Smith, LLP/Las Vegas

Law Offices of Steven J. Parsons

Eighth District Court Clerk


Summaries of

Clark Cnty. Fire Dep't v. Eighth Judicial Dist. Court of Nev.

COURT OF APPEALS OF THE STATE OF NEVADA
Oct 30, 2017
No. 73774 (Nev. App. Oct. 30, 2017)
Case details for

Clark Cnty. Fire Dep't v. Eighth Judicial Dist. Court of Nev.

Case Details

Full title:CLARK COUNTY FIRE DEPARTMENT, Petitioner, v. THE EIGHTH JUDICIAL DISTRICT…

Court:COURT OF APPEALS OF THE STATE OF NEVADA

Date published: Oct 30, 2017

Citations

No. 73774 (Nev. App. Oct. 30, 2017)