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FARNAZ NOROZIAN, AS ADMINISTRATOR FOR THE ESTATE OF FARAZ NOROZIAN; KENNETH KIM, M.D.; OBIAGERI THELMA EKEH M.D.; NIKKI CUASAY, A.P.N.; POKROY MEDICAL GROUP OF NEVADA, LTD. D/B/A PEDIATRIX MEDICAL GROUP OF NEVADA AND MEDNAX SERVICES, INC. D/B/A MEDNAX NATIONAL MEDICAL GROUP, Petitioners, v. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK; AND THE HONORABLE BITA YEAGER, DISTRICT JUDGE, Respondents, JAIME ALVAREZ AND ELIZABETH ALVAREZ, INDIVIDUALLY AND AS NATURAL PARENTS OF X. A., A MINOR AND VALLEY HEALTH SYSTEMS, LLC D/B/A SUMMERLIN HOSPITAL MEDICAL CENTER, LLC, Real Parties in Interest.
ORDER DENYING PETITION FOR WRIT OF MANDAMUS
This is an original petition for a writ of mandamus seeking to challenge the district court's denial of a motion for summary judgment.
“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 Int'l Game Tech., Inc. v. Second Jud. Dist. Ct., 124 Nev. 193, 197, 179 P.3d 556, 558 (2008); see also NRS 34.160. Mandamus is an extraordinary remedy, and it is within the discretion of this court to determine if a petition will be considered. Smith v. Eighth Jud. Dist. Ct., 107 Nev. 674, 677, 818 P.2d 849, 851 (1991). Petitioners bear the burden to show that extraordinary relief is warranted, and such relief is proper only when there is no plain, speedy, and adequate remedy at law. Pan v. Eighth Jud. Dist. Ct., 120 Nev. 222, 224, 228, 88 P.3d 840, 841, 844 (2004).
As a general rule, “judicial economy and sound judicial administration militate against the utilization of mandamus petitions to review orders denying motions to dismiss and motions for summary judgment.” State ex rel. Dept of Transp. v. Thompson, 99 Nev. 358, 362, 662 P.2d 1338, 1340 (1983), as modified by State v. Eighth Jud. Dist. Ct., 118 Nev. 140, 147, 42 P.3d 233, 238 (2002). Although this rule is not absolute, see Int'l Game Tech., Inc. v. Second Jud. Dist. Ct., 122 Nev. 132, 142-43, 127 P.3d 1088, 1096 (2006), petitioners have not demonstrated that an appeal from a final judgment would not afford a plain, speedy, and adequate remedy, see NRS 34.170, or that the district court's order otherwise falls within any of the narrow grounds that may warrant writ relief.
Accordingly, we
ORDER the petition DENIED.
Bulla, C.J.
Gibbons, J.
Westbrook, J.
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Docket No: No. 90211-COA
Decided: April 17, 2025
Court: Court of Appeals of Nevada.
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Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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