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D.I.P. INVESTMENT CORPORATION D/B/A DIAMONDHEAD APARTMENTS, Petitioner, v. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK, AND THE HONORABLE RONALD J. ISRAEL, DISTRICT JUDGE, Respondents, S.B., A MINOR BY AND THROUGH HER NATURAL FATHER AND GUARDIAN BRIAN BLAKE, AND B.B.,JR., A MINOR BY AND THROUGH HIS NATURAL FATHER AND GUARDIAN BRIAN BLAKE, Real Parties in Interest.
ORDER DENYING PETITION FOR WRIT OF MANDAMUS OR PROHIBITION
This original petition for a writ of mandamus or prohibition challenges a district court order denying a motion to dismiss a wrongful death action. Writ relief is an extraordinary remedy and whether to entertain a petition seeking such relief lies within this court's discretion. Black v. Eighth Jud. Dist. Ct., 141 Nev. Adv. Op. 18, 567 P.3d 326, 329 (2025). Petitioner bears the burden of demonstrating that writ relief is warranted. Pan v. Eighth Jud. Dist. Ct., 120 Nev. 222, 228, 88 P.3d 840, 844 (2004). Generally, we decline to exercise our discretion to consider writ petitions challenging orders denying motions to dismiss. Int'l Game Tech. v. Dist. Ct., 124 Nev. 193, 197, 179 P.3d 556, 558-59 (2008) (“this court's general policy ․ is to decline to consider writ petitions challenging district court orders denying motions to dismiss because such petitions rarely have merit, often disrupt district court case processing, and consume an ‘enormous amount’ of this court's resources” (internal citation omitted)). We have considered “petitions denying motions to dismiss when either (1) no factual dispute exists and the district court is obligated to dismiss an action pursuant to clear authority under a statute or rule, or (2) an important issue of law needs clarification and considerations of sound judicial economy and administration militate in favor of granting the petition.” Id. at 197-98, 179 P.3d at 559. Having reviewed the petition, the answer to the petition, and reply, we conclude that petitioner has not demonstrated that our intervention is warranted. Accordingly, we
ORDER the petition DENIED.
Stiglich, J.
Cadish, J.
Lee, J.
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Docket No: No. 91560
Decided: August 27, 2026
Court: Supreme Court of Nevada.
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