PAJARILLO v. QUALITY LOAN SERVICE CORPORATION (2021)

ORDER DENYING PETITION FOR WRIT OF MANDATE

This pro se, emergency original petition for a writ of mandate seeks an order precluding respondent from carrying out a trustee's sale on petitioner's property.

Whether to entertain a petition for extraordinary writ relief is entirely discretionary with this court. Leibowitz v. Eighth Judicial Dist. Court, 119 Nev. 523, 529, 78 P.3d 515, 519 (2003). It is petitioner's burden to demonstrate that extraordinary relief is warranted. Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004).

Having considered the petition and supporting documents, we conclude that petitioner has not demonstrated that our extraordinary intervention is warranted. See Nev. Const. art. 4, § 30 (“[B]ut no property shall be exempt from sale for taxes or for the payment of obligations contracted for the purchase of said premises, or for the erection of improvements thereon ․”); NRS 115.010(3) (“Except as otherwise provided in subsection 4, the exemption provided in subsection 1 does not extend to process to enforce ․ [a]ny mortgage or deed of trust thereon executed and given ․”); see also Round Hill Gen. Improvement Dist. v. Newman, 97 Nev. 601, 604, 637 P.2d 534, 536 (1981) (explaining that appellate courts are not suited to resolve factual disputes and therefore will not exercise discretion to entertain a writ petition when there are factual questions). Thus, we

ORDER the petition DENIED.