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ANGELIKA SROUJI, AN INDIVIDUAL; AND MOIST TOWEL SERVICES LTD, A NEVADA LIMITED LIABILITY COMPANY, Petitioners, v. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK; AND THE HONORABLE MARK R. DENTON, DISTRICT JUDGE, Respondents, A & H INVESTMENTS LLC, A NEVADA LIMITED LIABILITY COMPANY; MOIST TOWEL PRODUCTS AND SERVICES LLC, A NEVADA LIMITED LIABILITY COMPANY; HAB SIAM, AN INDIVIDUAL; ALTIMETER, A CALIFORNIA CORPORATION; BAHAREH IRANMANESH, A CALIFORNIA RESIDENT; KEVIN JUST, A CALIFORNIA RESIDENT; AND JUST, GURR & ASSOCIATES, A CALIFORNIA LIMITED LIABILITY COMPANY, Real Parties in Interest.
ORDER DENYING PETITION FOR WRIT OF MANDAMUS
This emergency petition for a writ of mandamus challenges aspects of the peremptory challenge process in the underlying case. A writ of mandamus may be available to compel a legally required act or to correct a manifest abuse of discretion. NRS 34.160; Walker v. Second Jud. Dist. Ct., 136 Nev. 678, 680, 476 P.3d 1194, 1196 (2020). Whether to issue extraordinary writ relief is solely within this court's discretion, however, Smith v. Eighth Jud. Dist. Ct., 107 Nev. 674, 677, 818 P.2d 849, 851 (1991), and it is petitioner's burden to demonstrate that such relief is warranted, Pan v. Eighth Jud. Dist. Ct., 120 Nev. 222, 228, 88 P.3d 840, 844 (2004).
Having reviewed the petition, errata, and appendices in this matter, we decline to intervene. At this point, the underlying cases have been transferred to another judge based on petitioner's peremptory challenge; thus, the main contention raised in the original petition, that the district court did not transfer the cases within 2 days under SCR 48.1, is moot. Further, while petitioner's errata seeks clarification as to whether the motion to consolidate was filed early under EDCR 2.50(a)(1), whether she filed her peremptory challenge early, whether each party to the third case had the right to file a peremptory challenge, and whether counsel's withdrawal was a contested matter, these questions concern matters within the district court's case management purview, as well as those that the district court has not yet ruled on but are likely to come up in later proceedings on the motions the parties have filed, and are not appropriate for writ review. See Walker, 136 Nev. at 681, 476 P.3d at 1197 (explaining that writ relief is available only when the district court has acted and manifestly abused its discretion, not to “ ‘correct’ any and every lower court decision”). Therefore, we
ORDER the petition DENIED.
Cadish, C.J.
Stiglich, J.
Herndon, J.
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Docket No: No. 88440
Decided: April 16, 2024
Court: Supreme Court 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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Enter information in one or both fields (Required)