MANUEL GUILLEN v. GEORGE ALFER FREGOSO (2023)

ORDER DENYING PETITION

This original petition for a writ of mandamus challenges an order denying a motion to dismiss, or alternatively a motion for summary judgment, in a tort action. Having considered the petition and supporting documentation, we are not persuaded that writ relief is warranted. See Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004) (observing that the party seeking writ relief bears the burden of showing such relief is warranted). Mandamus is an extraordinary remedy and whether to consider a petition seeking such relief is within this court's sole discretion. Smith v. Eighth Judicial Dist. Court, 107 Nev. 674, 677, 679, 818 P.2d 849, 851, 853 (1991). We generally decline to exercise that discretion as to petitions challenging orders denying motions to dismiss or for summary judgment, and we are not convinced that any of the exceptions for doing so apply in this case. Int'l Game Tech., Inc. v. Second Judicial Dist. Court, 124 Nev. 193, 197-98, 179 P.3d 556, 558-59 (2008) (discussing exceptions to the general rule). We therefore

ORDER the petition DENIED.

Stiglich, C.J.

Lee, J.

Bell, J.