Azizsoltani v. Dist. Ct. (Mcconnell)

Nevada Supreme Court

Azizsoltani v. Dist. Ct. (Mcconnell)

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

ZARA AZIZSOLTANI, No. 83900 Petitioner, vs. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF FILED CLARK; AND THE HONORABLE ADRIANA ESCOBAR, DISTRICT JAN ti 7 zon JUDGE, EUZ) iLE F.3;''rnirt4 CLER F3 PEiL;LOURT Respondents, BY EPLffr CLERK and TORI LEEANN MCCONNELL, Real Party in Interest.

ORDER DENYING PETITION FOR WRIT OF MANDAMUS OR PROHIBITION

This emergency petition for a writ of mandamus or prohibition challenges a district court order in a personal injury action striking petitioner's NRCP 35/NRS 52.380 exam observer as a witness. Real party in interest has filed an answer, as directed. Petitioner has also filed a motion to stay the district court proceedings. Having reviewed the petition, answer, and supporting documents, we are not satisfied that this court's intervention by way of extraordinary relief is warranted. See NRAP 21(b); Smith v. Eighth Judicial Dist. Court, 107 Nev. 674, 677, 818 P.2d 849, 851 (1991). In particular, trial is scheduled to commence this month, and petitioner has an adequate and speedy legal remedy in the form of an appeal from any adverse final judgment, precluding writ relief. NRS 34.170; NRS 34.330; Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 225, 88 P.3d 840, 841 SUPREME COURT OF NEVADA

it); 1,47A gerZ (2004); see also Archon Corp. v. Eighth Judicial Dist. Court, 133 Nev., Adv. Op. 101, 407 P.3d 702, 706 (2017) (recognizing that la] writ of mandamus is not a substitute for an appeal," but rather, the writ should be used sparingly, "for extraordinary causee). Accordingly, we ORDER the petition DENIED.'

-c24,,,,k416.0964%rmtiom C.J. Parraguirre

A4444-0 Stiglich

SILVER, J., dissenting:

I dissent. I would stay the matter until the writ was resolved because the remedy at law under these circumstances is inadequate.

J. Silver

cc: Hon. Adriana Escobar, District Judge Nevada's Lawyers Heidari Law Group, PC Messner Reeves LLP Eighth District Court Clerk

'In light of this order, petitioner's motion for stay is denied as moot.

SUPREME COURT OF NEVADA 2 KJ) 1947A •::00:,

Reference

Status
Published