AREVALO (JESUS) VS. DIST. CT. (DELAO) (FAMILY)
Jun 5, 202525-25010 · 90266-COA · Nevada (SCOTN/COA)
Petition for writ of mandamus and/or prohibition denied.This is a family-law-related dispute in which one party, Jesus Arevalo, asked the Nevada Court of Appeals to step in and issue an extraordinary order against a lower court. He was pursuing two things at once. First, he wanted the appellate court to force the trial judge off his case; the trial court had already denied his request to disqualify (remove) that judge. Second, he wanted the appellate court to make the district court follow an earlier order the appellate court had issued on January 17, 2024, in a related case (Docket No. 86607-COA).
To get relief, Arevalo used two special tools. A writ of mandamus is a court order that forces a lower court or official to do something the law requires them to do, or to correct a decision made in an arbitrary or unreasonable way. A writ of prohibition is the opposite kind of order - it stops a lower court from acting beyond the limits of its authority. Both are described by the court as "extraordinary remedies," meaning they are not routine and a court has discretion over whether to even consider such a request.
The court explained that the person asking for this kind of relief carries the burden of showing it is warranted, and that it is available only when there is "no plain, speedy, and adequate remedy at law" - in other words, only when the ordinary court process cannot fix the problem.
After reviewing the petition and the documents filed with it, the court concluded that Arevalo had not shown that its extraordinary intervention was warranted. It therefore denied the petition. The order is brief and does not analyze the underlying disqualification dispute or the earlier writ in detail; it rests on the conclusion that the demanding standard for extraordinary relief was not met.