Opinion
No. 58549.
11-21-2011
Valentin PRISECARU, Appellant, v. PEPPERMILL CASINOS, INC., Respondent.
Nersesian & Sankiewicz Erickson Thorpe & Swainston, Ltd.
Nersesian & Sankiewicz
Erickson Thorpe & Swainston, Ltd.
ORDER OF AFFIRMANCE
This is an appeal from a district court order granting a motion for change of venue from Clark County to Washoe County. Eighth Judicial District Court, Clark County; Valerie Adair, Judge.
Venue is proper in a county where one or more defendants resides. NRS 13.040. If a demand for change of venue is timely filed, no defendants reside in the county in which the action was filed, and that county is not otherwise a proper venue, then removal is mandatory and not within the district court's discretion. Washoe County v. Wildeveld, 103 Nev. 380, 382, 741 P.2d 810, 811 (1987) ; Western Pacific Railroad v. Krom, 102 Nev. 40, 714 P.2d 182 (1986).
Appellant Valentin Prisecaru contends that the district court misapplied Flournov v. McKinnon Ford Sales, 90 Nev. 119, 520 P.2d 600 (1974), which Prisecaru argues stands for the proposition that a corporation's “residence” includes the county of the resident agent designation for purposes of determining proper venue. We disagree.
Flournov establishes that the “designation in the articles of incorporation of the principal place of business [is] conclusive as to the corporation for purposes of venue, although such designation may not be binding on other parties.” Id. at 122, 520 P.2d at 602 (citation omitted). Here, the articles recite that respondent's principal place of business is Washoe County.
We note that NRS 78.090(1) has been amended since Flournoy, and it no longer requires that a corporation's resident agent be “in charge of its principal office.” NRS 78.090(1) ; see
Accordingly we,
AFFIRM the order of the district court.
Flournoy, 90 Nev. at 121, 520 P.2d at 601.