IN THE SUPREME COURT OF THE STATE OF NEVADA

UNITED RENTALS NORTHWEST, No. 66443 INC., AN OREGON CORPORATION, Petitioner, vs. FILED THE EIGHTH JUDICIAL DISTRICT NOV 1 4 2014 COURT OF THE STATE OF NEVADA, TRACE LINDEMAN IN AND FOR THE COUNTY OF GtER M URT CLARK; AND THE HONORABLE DEPUTY CLERK --

KENNETH C. CORY, DISTRICT JUDGE, Respondents, and DOUGLAS SMITH; LORI CHERI SMITH; AMERICAN HOME ASSURANCE COMPANY; CHARTIS GLOBAL RECOVERY SERVICES; SKYJACK, INC.; LINAMAR CORPORATION; AND TIFFINY DECORATING CO, Real Parties in Interest.

ORDER DENYING PETITION FOR WRIT OF MANDAMUS This original petition for a writ of mandamus challenges a district court order denying a motion for partial summary judgment in a tort action.

A writ of mandamus is an extraordinary remedy available to compel the performance of an act that the law requires or to control an arbitrary or capricious exercise of discretion. NRS 34.160; Int'l Game Tech., Inc. v. Second Judicial Dist. Court, 124 Nev. 193, 197, 179 P.3d 556, 558 (2008). Whether a writ will be considered 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), and it is petitioner's burden to demonstrate SUPREME COURT OF NEVADA (0) 1947A /4 - 6 7GrOi that our extraordinary intervention is warranted. Pan v. Eighth Judicial Din. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004). Moreover, writ relief is typically available only when there is no plain, speedy, and adequate remedy in the ordinary course of law. NRS 34.170; Int? Game Tech., 124 Nev. at 197, 179 P.3d at 558. Generally, an appeal is an adequate legal remedy precluding writ relief. Pan, 120 Nev. at 224, 88 P.3d at 841.

Having considered the petition, we are not persuaded that our intervention is warranted at this time. NRAP 21(b)(1); Pan, 120 Nev. at 228, 88 P.3d at 844; Smith, 107 Nev. at 677, 818 P.2d at 851. Specifically, petitioner has an adequate legal remedy in the form of an appeal. Pan, 120 Nev. at 224, 88 P.3d at 841. Accordingly, we ORDER the petition DENIED.

J.

cc: Hon. Kenneth C. Cory, District Judge Alverson Taylor Mortensen & Sanders Beckett, Yott, McCarty & Spann/Reno Sean Claggett & Associates, Inc. Eckman Strandness & Egan Pyatt Silvestri & Hanlon Weinberg, Wheeler, Hudgins, Gunn & Dial, LLC Cassiday Schade LLP Lincoln, Gustafson & Cercos Eighth District Court Clerk SUPREME COURT OF NEVADA (0) 1947A e