HWANG v. Juyoung Lee, Real Party in Interest. (2026)

ORDER DENYING PETITION

This is an emergency petition for a writ of mandamus or, in the alternative, prohibition challenging a district court order striking petitioner's answer in a tort matter.

The decision to entertain a petition for extraordinary writ relief lies within the discretion of this court. Smith v. Eighth Jud. Dist. Ct., 107 Nev. 674, 677, 679, 818 P.2d 849, 851, 853 (1991) (recognizing that writ relief is an extraordinary remedy and that this court has sole discretion in determining whether to entertain a writ petition). A writ of mandamus is available only to compel the performance of a legally required act or to cure an arbitrary or capricious exercise of discretion. Round Hill Gen. Improvement Dist. v. Newman, 97 Nev. 601, 603-04, 637 P.2d 534, 536 (1981). 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. NRS 34.320; Smith, 107 Nev. at 677, 818 P.2d at 851.

Petitioner bears the burden to show that extraordinary relief is warranted, and such relief is available only when there is no plain, speedy, and adequate remedy at law. NRS 34.170; NRS 34.330; Pan v. Eighth Jud. Dist. Ct., 120 Nev. 222, 224, 228, 88 P.3d 840, 841, 844 (2004). An appeal is generally an adequate legal remedy precluding writ relief. Pan, 120 Nev. at 224, 88 P.3d at 841. Even when an appeal is not immediately available because the challenged order is interlocutory in nature, the fact that the order may ultimately be challenged on appeal generally precludes writ relief. Id. at 225, 88 P.3d at 841.

Having considered the petition and supporting documents, we are not persuaded that our intervention is warranted. Petitioner has not demonstrated that he lacks a plain, speedy, and adequate remedy by way of an appeal from a subsequent final judgment. Pan, 120 Nev. at 224, 88 P.3d at 841. Accordingly, writ relief is unavailable, and we

ORDER the petition DENIED.¹

FOOTNOTES

1.   In light of this order, petitioner's emergency motion for stay is denied as moot.