Opinion
No. 76438-COA
12-13-2018
STRONGER DONNER, LLC, A NEVADA LIMITED LIABILITY COMPANY, UPON INFORMATION AND BELIEF, D/B/A L'ORACLE LAS VEGAS AND LAS VEGAS GYMNASTICS, CIRCUS AND FITNESS, Petitioner, 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 JASON LAM, AN INDIVIDUAL; SOUTHERN WEAVING COMPANY, A NORTH CAROLINA CORPORATION; AND CUSTOM BUILT EQUIPMENT, INC., AN OHIO CORPORATION, Real Parties in Interest.
ORDER DENYING PETITION FOR WRIT OF MANDAMUS
This is an original petition for a writ of mandamus challenging the denial of a summary judgment motion in a products liability and personal injury 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). This court has discretion as to whether to entertain a petition for extraordinary relief and will not do so when the petitioner has a plain, speedy, and adequate remedy at law. NRS 34.170; D.R. Horton, Inc. v. Eighth Judicial Dist. Court, 123 Nev. 468, 474-75, 168 P.3d 731, 736-37 (2007). 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 petition and appendix filed in this matter, we are not persuaded that this court's intervention by way of extraordinary relief is warranted. Id. Accordingly, we deny the petition. See NRAP 21(b)(1); D.R. Horton, 123 Nev. at 475, 168 P.3d at 737.
It is so ORDERED.
/s/_________, C.J.
Silver
/s/_________, J.
Tao
/s/_________, J.
Gibbons cc: Hon. James Crockett, District Judge
Lincoln, Gustafson & Cercos
Henness & Haight
Law Offices of Elizabeth R. Mikesell
Panish Shea & Boyle, LLP
Thorndal Armstrong Delk Balkenbush & Eisinger/Las Vegas
Law Offices of Kenneth E. Goates
Eighth District Court Clerk