IN THE SUPREME COURT OF THE STATE OF NEVADA

PERFORMANCE BUILDERS, INC.; No. 77466 AND RANDY SORENSON, AN INDIVIDUAL, Petitioners, vs. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK; FILE AND THE HONORABLE RONALD J. DEC 1 1 2018 ISRAEL, DISTRICT JUDGE, A. BROWN itEME COU Respondents, - --

and DEPUTY CLERK

JACQUELYNE BAUTISTA, INDIVIDUALLY; LEONARDO BAUTISTA, A MINOR, BY AND THROUGH HIS NATURAL PARENT JACQUELYNE BAUTISTA; DAMIAN BAUTISTA, A MINOR, BY AND THROUGH HIS NATURAL PARENT JACQUELYNE BAUTISTA; RICARDO BAUTISTA, A MINOR, BY AND THROUGH HIS NATURAL PARENT JACQUELYNE BAUTISTA; AND JACQUELYNE BAUTISTA, AS SPECIAL ADMINISTRATOR OF THE ESTATE OF RICARDO BAUTISTA ON BEHALF OF THE ESTATE OF RICARDO BAUTISTA, Real Parties in Interest.

ORDER DENYING PETITION This petition for a writ of mandamus challenges a district court order denying a motion to dismiss or for summary judgment in a wrongful death action. The decision to entertain a petition for a writ of mandamus is purely discretionary Smith v. Eighth Judicial Dist. Court, 107 Nev. 674, 677, 818 P.2d 849, 851 (1991). And as a general rule subject to very few SUPREME COURT OF NEVADA

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11 exceptions, we have declined to exercise that discretion with respect to writ petitions that challenge district court orders denying motions to dismiss or motions for summary judgment. Smith v. Eighth Judicial Dist. Court, 113 Nev. 1343, 1344, 950 P.2d 280, 281 (1997). We adhere to the general rule here, particularly because it is not clear that the district court was obligated to grant the motion pursuant to clear statutory authority, the district court's order does not preclude petitioners from again seeking summary judgment after discovery has closed, and petitioners waited more than seven months after entry of the district court's order to file this writ petition. Accordingly, we ORDER the petition DENIED.

J. Hardesty

cc: Hon. Ronald J. Israel, District Judge Bremer Whyte Brown & O'Meara, LLP/Las Vegas Greenman Goldberg Raby & Martinez Eighth District Court Clerk

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