FUNDAMENTAL BEHAVIORAL SERVICES LLC NEVADA BEHAVIORAL HEALTH SYSTEMS v. ROBERT ANSARA AS SPECIAL ADMINISTRATOR OF THE ESTATE OF DUY NGUYEN DECEASED AND DAN NGUYEN AS HEIR TO DUY NGUYEN DECEASED (2026)

ORDER DENYING PETITION FOR A WRIT OF MANDAMUS OR PROHIBITION

This is an original petition for a writ of mandamus or prohibition challenging a district court order denying a motion to dismiss in a tort action. Writ relief is an extraordinary remedy and whether to entertain a petition seeking such relief lies within this court's sole 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)). Having reviewed the petition, the answer to the petition, and reply, we conclude petitioner has not demonstrated that our intervention is warranted. Accordingly, we

ORDER the petition DENIED.¹

Bell, J.

Stiglich, J.

Cadish, J.

FOOTNOTES

1.   In light of this order, we deny petitioner's motion for a stay pending resolution of writ proceedings as moot.