Lorenzna Vs. Dist. Ct. (Ibarra)

IN THE SUPREME COURT OF THE STATE OF NEVADA CARLOS LORENZANA; JASIAN No. 79919 GONZALEZ, INC., D/B/A DON TORTACO MEXICAN GRILL #1 AND #19; OSCAR CASTENADA; AND FCO ENTERPRISES, INC., D/B/A 100N TORTACO MEXICAN GRILL #13, Petitioners, VS. THE EIGHTH JUDICIAL DISTRICT

FILED COURT OF THE STATE OF NEVADA, NOV 0 4 2019 IN AND FOR THE COUNTY OF ELIZABETH A, BROWN CLARK; AND THE HONORABLE CLERK OF SUPREME COURT

By li U-k-.1-61 MARK R. DENTON, DISTRICT JUDGE, i p cLEa ( Respondents, and J. APOLINAR IBARRA; DON TORTACO CORPORATION; AND DON TORTACO FRANCHISING INC., Real Parties in Interest.

ORDER DENYING PETITION FOR WRIT OF MANDAMUS OR PROHIBITION This original petition for a writ of mandamus or prohibition challenges a district court order granting a motion to evict petitioners from Don Tortaco Mexican Grill units 1, 13, and 19.

The writ of mandamus is available to compel the performance of an act that the law requires or to control an arbitrary or capricious exercise of discretion, while its counterpart, the writ of prohibition, is available to curb an act outside of or in excess of the district courfs jurisdiction. NRS 34.160; NRS 34.320; Segovia v. Eighth Judicial Dist. Court, 133 Nev. 910, 911-12, 407 P.3d 783, 785 (2017). Having reviewed the petition and supporting documents under these standards, we conclude that ii-4-15221 our extraordinary and discretionary intervention is not warranted. See NRAP 21(b); Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004) (providing that petitioners bear the burden of demonstrating that extraordinary relief is warranted); Smith v. Eighth Judicial Dist. Court, 107 Nev. 674, 677, 818 P.2d 849, 851 (1991) (explaining that it is within this coures sole discretion to determine if a writ petition will be considered). Accordingly, we

ORDER the petition DENIED.'

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Hardesty

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Stiglich

ILI-Z4Lit) , J.

Silver cc: Hon. Mark R. Denton, District Judge

Sgro & Roger Howard & Howard Attorneys PLLC Eighth District Court Clerk lIn light of this order, petitioners emergency motion for stay pending our consideration of this petition is denied as moot. We also deny real parties in interest's request that we impose sanctions on petitioners for filing this petition and motion.