NOELLE MURPHY AN INDIVIDUAL v. 777 TOWING INC DOMESTIC LIMITED LIABILITY COMPANY AND EDUARDO RODRIGUEZ VALLE AN INDIVIDUAL (2023)

ORDER DENYING PETITION FOR WRIT OF MANDAMUS AND/OR PROHIBITION

This is an original petition for a writ of mandamus and/or prohibition challenging a district court order denying petitioner's motion to alter or amend her complaint.

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 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. Eighth Judicial Dist. Court, 107 Nev. 674, 677, 818 P.2d 849, 851 (1991). The decision as to whether a petition for extraordinary writ relief will be entertained rests within this court's sound discretion. See 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. Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004).

Having considered the petition, we conclude petitioner has not demonstrated that our extraordinary intervention is warranted. See id.; D.R. Horton, 123 Nev. at 475, 168 P.3d at 737. Accordingly, we deny the petition.

It is so ORDERED.¹

Gibbons, C.J.

Westbrook, J.

Silver, Sr.J.

FOOTNOTES

1.   The Honorable Abbi Silver, Senior Justice, participated in the decision of this matter under a general order of assignment.