Nevada Supreme Court, 2021

Bruce G. Fagel, A Law Corp. Vs. Dist. Ct. (Harper)

Bruce G. Fagel, A Law Corp. Vs. Dist. Ct. (Harper)
Nevada Supreme Court · Decided October 15, 2021

Bruce G. Fagel, A Law Corp. Vs. Dist. Ct. (Harper)

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA BRUCE G. FAGEL, A LAW No. 83410 CORPORATION, A/K/A LAW OFFICES OF BRUCE G. FAGEL & ASSOCIATES, A CALIFORNIA CORPORATION, Petitioner, vs. THE EIGHTH JUDICIAL DISTRICT FILED COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF OCT 1 5 2021 CLARK; AND THE HONORABLE ELiZABETH . BROWN EME C•UR CLE JERRY A. WIESE, DISTRICT JUDGE, BY EPUTY CLERK Respondents, and DARIA HARPER, AN INDIVIDUAL; AND DANIEL WININGER, AN INDIVIDUAL, Real Parties in Interest. ORDER DENYING PETITION This original petition for a writ of prohibition challenges a district court order denying, without an evidentiary hearing, a motion to dismiss for lack of personal jurisdiction. Having considered the petition and its supporting documentation, we are not persuaded on this record that our extraordinary and discretionary intervention is warranted at this time. 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); Smith v. Eighth Judicial Dist. Court, 107 Nev. 674, 677, 679, 818 P.2d 849, 851, 853 (1991) (recognizing that writ 71 - Z,1667,_ - relief is an extraordinary remedy and that this court has sole discretion in determining whether to entertain a writ petition). Accordingly, we ORDER the petition DENIED.1 Jt , C.J. Hardesty J. Sr.J. Stiglich cc: Hon. Jerry A. Wiese, District Judge Hall Jaffe & Clayton, LLP Maier Gutierrez & Associates Blumberg Law Corporation Eighth District Court Clerk 1The Honorable Mark Gibbons, Senior Justice, participated in the decision of this matter under a general order of assignment. SUPREME COURT OF NEVADA 2 «). 1447A ••••$0,. tr „„. 4 ,•,••• • "'` • " -0: 4-71.• • ..;.• 7."1 ", v-.1 • • •"•4":•..1 , . • •0.,rft • ••.t•t•••1' • -;, • .tA. - -

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

BRUCE G. FAGEL, A LAW No. 83410 CORPORATION, A/K/A LAW OFFICES OF BRUCE G. FAGEL & ASSOCIATES, A CALIFORNIA CORPORATION, Petitioner, vs. THE EIGHTH JUDICIAL DISTRICT FILED COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF OCT 1 5 2021 CLARK; AND THE HONORABLE ELiZABETH . BROWN EME C•UR CLE JERRY A. WIESE, DISTRICT JUDGE, BY EPUTY CLERK Respondents, and DARIA HARPER, AN INDIVIDUAL; AND DANIEL WININGER, AN INDIVIDUAL, Real Parties in Interest.

ORDER DENYING PETITION This original petition for a writ of prohibition challenges a district court order denying, without an evidentiary hearing, a motion to dismiss for lack of personal jurisdiction. Having considered the petition and its supporting documentation, we are not persuaded on this record that our extraordinary and discretionary intervention is warranted at this time. 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); Smith v. Eighth Judicial Dist. Court, 107 Nev. 674, 677, 679, 818 P.2d 849, 851, 853 (1991) (recognizing that writ

71 - Z,1667,_ - relief is an extraordinary remedy and that this court has sole discretion in determining whether to entertain a writ petition). Accordingly, we ORDER the petition DENIED.1

Jt , C.J.

Hardesty

J. Sr.J.

Stiglich

cc: Hon. Jerry A. Wiese, District Judge Hall Jaffe & Clayton, LLP Maier Gutierrez & Associates Blumberg Law Corporation Eighth District Court Clerk

1The Honorable Mark Gibbons, Senior Justice, participated in the decision of this matter under a general order of assignment.

SUPREME COURT OF NEVADA «). 1447A ••••$0,.

tr „„. 4 ,•,••• • "'` • " -0: 4-71.• • ..;.• 7."1 ", v-.1 • • •"•4":•..1 , . • •0.,rft • ••.t•t•••1' • -;, • .tA. - -

Case-law data current through December 31, 2025. Source: CourtListener bulk data.