Opinion
No. 83699
12-17-2021
Emil MORNEAULT, RPH, Petitioner, v. The EIGHTH JUDICIAL DISTRICT COURT of the State of Nevada, IN AND FOR the COUNTY OF CLARK; and the Honorable Monica Trujillo, District Judge, Respondents, and Patricia Ann Adams, Individually, in Her Capacity as Trustee of the Stewart Family Trust, Dated January 31, 2007, in Her Capacity as Special Administrator of the Estate of Connie Stewart and in Her Capacity as Special Administrator of the Estate of Gary Stewart; Gary Linck Stewart, Jr., an Individual; Mary Kay Fallon, an Individual; Elizabeth A. Hodge, an Individual; and Minh Nguyen, M.D., Real Parties in Interest.
Weinberg, Wheeler, Hudgins, Gunn & Dial, LLC/Las Vegas Hayes Wakayama Lewis Brisbois Bisgaard & Smith, LLP/Las Vegas
Weinberg, Wheeler, Hudgins, Gunn & Dial, LLC/Las Vegas
Hayes Wakayama
Lewis Brisbois Bisgaard & Smith, LLP/Las Vegas
ORDER DENYING PETITION FOR A WRIT OF MANDAMUS
This original petition for a writ of mandamus challenges a district court order denying a motion to dismiss in part. 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 grant writ petitions challenging orders denying motions to dismiss, and we are not convinced 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
The Honorable Mark Gibbons, Senior Justice, participated in the decision of this matter under a general order of assignment.
--------