Americana, L.L.C. Vs. Dist. Ct. (Bonifatto)

IN THE SUPREME COURT OF THE STATE OF NEVADA

AMERICANA, L.L.C., D/B/A BERKSHIRE No. 81125 HATHAWAY HOMESERVICES NEVADA PROPERTIES, Petitioner, VS.

THE EIGHTH JUDICIAL DISTRICT FILED COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK; JUL 1 6 2020 AND THE HONORABLE TREVOR L. ELI G A. DROWN RENE UR CLERK ATKIN, DISTRICT JUDGE, BY DEPUTY CLERK Respondents, and TONI BONIFATTO; JOSEPH BONIFATTO; AND PETER BONIFATTO, Real Parties in Interest.

ORDER DENYING PETITION This original petition for a writ of mandamus challenges a district court order denying a motion to dismiss in a tort and breach of contract action. Having considered the petition and its documentation, we are not persuaded that our extraordinary and discretionary intervention 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 and that the right to appeal is generally an adequate legal remedy precluding writ relief); Smith v. Eighth Judicial Dist. Court, 107 Nev. 674, 677, 679, 818 P.2d 849, 851, 853 (1991) (recognizing that writ relief is an extraordinary remedy and that this court has sole discretion in determining whether to entertain a writ petition). This court generally declines to exercise its discretion to consider writ petitions challenging district court orders denying motions to dismiss and SUPREME COURT OF NEVADA

(0) 1947A mealls. 20.14911f

petitioner fails to demonstrate any exception to this general rule applies here. Moseley v. Eighth Judicial Dist. Court, 124 Nev. 654, 658-59, 188 P.3d 1136, 1140 (2008) (outlining exceptions to the general rule). We therefore, ORDER the petition DENIED.

Aoruipsu.0 , J. Stiglich

, J. Silver

cc: Hon. Trevor L. Atkin, District Judge Olson, Cannon, Gormley, & Stoberski Kemp, Jones & Coulthard, LLP Eighth District Court Clerk