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Jose Juan Puerta GARCIA, Petitioner, v. The EIGHTH JUDICIAL DISTRICT COURT of the State of Nevada, IN AND FOR the COUNTY OF CLARK, and The Honorable Kathleen E. Delaney, District Judge, Respondents, and Jherna Ajit Shahani, Real Party in Interest.
ORDER DENYING PETITION
This is an original petition for a writ of mandamus or prohibition challenging district court orders denying a motion to enforce a settlement and denying reconsideration.
Having considered the petition, we are not persuaded that our intervention is warranted. Walker v. Second Jud. Dist. Ct., 136 Nev. 678, 680, 476 P.3d 1194, 1196 (2020) (holding that mandamus relief is appropriate “only where the lower court has manifestly abused [its] discretion or acted arbitrarily or capriciously”). The decision to entertain a mandamus petition is within our sole discretion, and a petitioner has the burden of demonstrating that such extraordinary relief is warranted. See Pan v. Eighth Jud. Dist. Ct., 120 Nev. 222, 224, 88 P.3d 840, 841 (2004); Smith v. Eighth Jud. Dist. Ct., 107 Nev. 674, 677, 818 P.3d 849, 851 (1991). Petitioner fails to satisfy this burden.
Nor are we persuaded that a writ of prohibition is warranted, in that it does not appear that the district court exceeded its jurisdiction simply by denying petitioner's motions. See Las Vegas Sands Corp. v. Eighth Jud. Dist. Ct., 130 Nev. 643, 649, 331 P.3d 905, 909 (2014) (recognizing that a writ of prohibition is appropriate when a district court exceeds its jurisdiction). Accordingly, we
ORDER the petition DENIED.
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Docket No: No. 91584
Decided: February 12, 2026
Court: Supreme Court of Nevada.
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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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