Richardson v. Dist. Ct. (Orellana) ( 2022 )

IN THE SUPREME COURT OF THE STATE OF NEVADA
PATRICIA RICHARDSON, No. 85425
Petitioner,
vs.
THE EIGHTH JUDICIAL DISTRICT
COURT OF THE STATE OF NEVADA,
IN AND FOR THE COUNTY OF
'ME
CLARK; AND CRYSTAL L. ELLER, OCT 1 7 AU
Respondents, A. BROWN
SUPREME COURT
and
MY CLERK
OSCAR ORELLANA; ELVIRA El
ORELLANA; JOSE RODRIGUEZ;
INGRID AMAYA-FULTON;
CHRISTOPHER ORELLANA
RODRIGUEZ; INGRIS JANETH
ORELLANA; AND JOSE M.
ORELLANA,
Real Parties in Interest.
ORDER DENYING PETITION
This original petition for a writ of mandamus challenges district
court orders granting summary judgment against petitioner's civil
conversion claim and barring petitioner from seeking certain damages or
presenting evidence thereof.
This court has original jurisdiction to issue writs of mandamus,
and the issuance of such extraordinary relief is solely within this court's
discretion. See Nev. Const. art. 6, § 4; D.R. Horton, Inc. v. Eighth Judicial
Dist. Court, 123 Nev. 468, 474-75, 168 P.3d 731, 736-37 (2007). Petitioners
bear the burden to show that extraordinary relief is warranted, and such
relief is proper only when there is no plain, speedy, and adequate remedy
at law. See Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 224, 228, 88
P.3d 840, 841, 844 (2004). An appeal is generally an adequate remedy
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precluding writ relief. Id. 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 from
a final judgment generally precludes writ relief. Id. at 225, 88 P.3d at 841.
Having considered the petition," we are not persuaded that our
extraordinary intervention is warranted. Among other reasons, petitioner
has not demonstrated that an appeal from a final judgment below would not
afford a plain, speedy, and adequate remedy. See NRS 34.170. Accordingly,
we
ORDER the petition DENIED.2
Hardesty
Al4GA-.0 J. ‘70—r—rnm'wa
Stiglich Herndon
cc: Hon. Crystal Eller, District Judge
The Law Office of Vernon Nelson
Rogers, Mastrangelo, Carvalho & Mitchell, Ltd.
Eighth District Court Clerk
'Petitioner has filed a motion for permission to exceed type-volume
limitation and page limitation for petition of writ of mandamus. The motion
is granted. The petition was filed on September 29, 2022.
Petitioner's emergency motion for stay under NRAP 27(e) is denied
2
as moot.
SUPREME COURT
OF
NEVADA
2
(0) 1947A