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Awerbach v. Eighth Judicial Dist. Court of State

SUPREME COURT OF THE STATE OF NEVADA
Sep 11, 2015
No. 68602 (Nev. Sep. 11, 2015)

Opinion

No. 68602

09-11-2015

ANDREA AWERBACH, AN INDIVIDUAL, Petitioner, v. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK; AND THE HONORABLE NANCY L. ALLF, DISTRICT JUDGE, Respondents, and EMILIA GARCIA, AN INDIVIDUAL, Real Party in Interest.


An unpublished order shall not be regarded as precedent and shall not be cited as legal authority. SCR 123.

ORDER DENYING PETITION FOR WRIT OF MANDAMUS OR PROHIBITION

This original petition for a writ of mandamus or prohibition challenges a district court order imposing a sanction for a discovery violation.

Petitioner argues that the district court's sanction was improper because she did not violate a court order by willfully concealing an entry on her insurance claim log during the discovery process. This argument is unavailing. Fire Ins. Exch. v. Zenith Radio Corp., 103 Nev. 648, 651-52, 747 P.2d 911, 913-14 (1987) (upholding the imposition of sanctions for a discovery abuse occurring in the absence of a violated court order); see Young v. Johnny Ribeiro Bldg., Inc., 106 Nev. 88, 92, 787 P.2d 777, 779 (1990) (recognizing that the imposition of a discovery sanction is discretionary with the district court). As petitioner has failed to meet her burden of demonstrating that writ relief is warranted, NRS 34.160, NRS 34.320; Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P. 3d 840, 844 (2004), we deny the petition. NRAP 21(b). Accordingly, we

ORDER the petition DENIED.

/s/_________, J.

Parraguirre

/s/_________, J.

Douglas

/s/_________, J.

Cherry
cc: Hon. Nancy L. Allf, District Judge

Mazzeo Law LLC

Glen Lerner Injury Attorneys

Eighth District Court Clerk


Summaries of

Awerbach v. Eighth Judicial Dist. Court of State

SUPREME COURT OF THE STATE OF NEVADA
Sep 11, 2015
No. 68602 (Nev. Sep. 11, 2015)
Case details for

Awerbach v. Eighth Judicial Dist. Court of State

Case Details

Full title:ANDREA AWERBACH, AN INDIVIDUAL, Petitioner, v. THE EIGHTH JUDICIAL…

Court:SUPREME COURT OF THE STATE OF NEVADA

Date published: Sep 11, 2015

Citations

No. 68602 (Nev. Sep. 11, 2015)