Full Opinion

IN THE COURT OF APPEALS OF THE STATE OF NEVADA SEAN PATRICK CORNWALL, No. 93525-COA Petitioner, vs. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK AND THE HONORABLE SUSAN JOHNSON, DISTRICT JUDGE, Respondent, and KATHRYN DE LOS REYES, AS SPECIAL ADMINISTRATOR OF THE ESTATE OF ANDY SUNHO YI; KATHRYN DE LOS REYES, INDIVIDUALLY AND AS HEIR TO THE ESTATE OF ANDY SUNHO YI; KATHRYN DE LOS REYES, AS PARENT AND NATURAL GUARDIAN OF ENZO YI, A MINOR, INDIVIDUALLY AND AS HEIR TO THE ESTATE OF ANDY SUNHO YI; KATHRYN DE LOS REYES, AS PARENT AND NATURAL GUARDIAN OF KADE YI, A MINOR, INDIVIDUALLY AND AS HEIR TO THE ESTATE OF ANDY SUNHO YI, Real Parties in Interest. ORDER DENYING PETITION This original petition for a writ of mandamus or prohibition challenges district court orders excluding from trial evidence of petitioner’s financial condition in a wrongful death matter. A writ of mandamus is available to compel the performance of an act that the law requires as a duty resulting from an office, NRS 34.160, or to control an arbitrary or capricious exercise of discretion, Int’l Game Tech., Inc. v. Second Jud. Dist. Ct., 124 Nev. 193, 197, 179 P.3d 556, 558 (2008). A writ of prohibition arrests the proceedings of a tribunal that is acting in excess of, or without, jurisdiction. NRS 34.320. The decision to entertain a petition for extraordinary writ relief is within our sole discretion, and the petitioner has the burden of demonstrating that such relief is warranted. Pan v. Eighth Jud. Dist. Ct., 120 Nev. 222, 228, 88 P.3d 840, 844 (2004). Having considered the petition and the supporting documents, we conclude that petitioner has not carried his burden of demonstrating that extraordinary relief is warranted. In particular, we are not convinced that petitioner lacks an adequate legal remedy through an appeal from any adverse final judgment. See id. at 224, 88 P.3d at 841 (“[T]he right to an appeal is generally an adequate legal remedy that precludes writ relief.”). Accordingly, we ORDER the petition DENIED. Bulla, C.J. Gibbons, J. Westbrook, J. cc: Cloward Trial Lawyers Lewis Brisbois Bisgaard & Smith, LLP/Las Vegas Hon. Susan Johnson, District Judge The Eighth Judicial District Court of the State of Nevada, in and for the County of Clark 2