DAVID BAKER v. NVCHI HOLDINGS LLC (2024)

ORDER DENYING PETITION FOR WRIT OF MANDAMUS OR PROHIBITION

This original petition for a writ of mandamus or prohibition challenges a prejudgment district court order approving a receivers sale of real property and cannabis licenses. Petitioner has also filed an emergency motion for stay, and real party in interest NVCHI Holdings, LLC, has filed an opposition. Additionally, Kevin Singer, court-appointed receiver over district court parties The Hempire Company, LLC, and Nevada Ag Co., LLC, has filed a notice of appearance as real party in interest, which we construe as a motion to intervene as real party in interest. We grant the motion to intervene, NRAP 21(a)(2), and direct the clerk of this court to add Singer, as court-appointed receiver, as a real party in interest to this writ proceeding. Singer has also filed an opposition to the emergency stay motion and a countermotion to dismiss the petition.

A writ of mandamus may be available to compel a legally required act or to correct an arbitrary and capricious exercise of discretion, NRS 34.160, and a writ of prohibition is available to curb jurisdictional excesses, NRS 34.330. 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, appendix, and other documents filed in this matter, we decline to intervene.

Accordingly, we

ORDER the petition DENIED.¹

Stiglich, J.

Pickering, J.

Parraguirre, J.

FOOTNOTES

1.   In light of this order, we deny as moot petitioners emergency motion for stay and the receivers countermotion to dismiss.